Datasets:

openlegalai

/

poil-paper-samples

like 0

Follow

Open Legal AI 2

459dd623-dbbc-5d67-a275-828e8dee25a5

court_cases

Delhi High CourtM/S Ved Prakash Mithal And Sons vs Principal Kirorimal College & Anr. on 24 September, 2020Equivalent citations: AIRONLINE 2020 DEL 1306Author:Sanjeev SachdevaBench:Sanjeev Sachdeva$~14\n * IN THE HIGH COURT OF DELHI AT NEW DELHI\n % Judgment delivered on: 24th September, 2020\n\n + CM(M) 452/2020& CM APPLN. 22682/2020\n M/S VED PRAKASH MITHAL AND SONS ..... Petitioner\n versus\n\n PRINCIPAL KIRORIMAL COLLEGE & ANR. ..... Respondents\n\n Advocates who appeared in this case:\n For the Petitioner: Mr. Peeyoosh Kalra, Advocate\n\n For the Respondents: Mr. Ankur Chhibber, Mr. Anshuman Mehrotra, Mr. Harsh\n Dhankar, Mr. Parv Garg and Mr. Nikund Arora, Advocates\n\n CORAM:-\n HON'BLE MR. JUSTICE SANJEEV SACHDEVA\n JUDGMENTSANJEEV SACHDEVA, J.1. The hearing was conducted through video conferencing.2. Petitioner, by this petition, impugns order dated 25.08.2020\n whereby the arbitral tribunal has dismissed the application filed by the\n petitioner under Order VII Rule 11 (a) and (d) read withSection 151CPC for rejection of the counter claim filed by the respondent.3. It is contended by learned counsel for the petitioner that the\n subject application was filed on three grounds; i) the counter claim\n being barred by limitation; ii) there was no specific reference of theSignature Not VerifiedDigitally Signed By:KUNAL CM (M)452/2020 Page 1 of 9MAGGUSigning Date:24.09.2020 21:58:36\nThis file is digitally signed by PS\nto HMJ Sanjeev Sachdeva.counter claims to arbitration; and iii) the counter claim did not\n disclose any cause of action.4. Learned counsel for the petitioner submits that since the\n Arbitrator has held that the question of limitation is a mixed question\n of fact and law and that the counter claim does disclose a cause of\n action and he is not pressing his challenge to the said order on those\n two grounds and reserves his right to raise the plea of limitation in the\n arbitration proceedings.5. Learned counsel submits that the challenge to the order dated\n 25.08.2020 is restricted to the plea that there is no specific reference\n by the Court of the counter claim to arbitration and as such the arbitral\n tribunal is precluded from entertaining the counter claims.6. It is contended by learned counsel for the petitioner that Suit\n was filed by the petitioner for recovery on 04.09.2014. Written\n Statement was filed and thereafter the petitioner amended the Plaint\n and Written Statement to the Amended Plain was filed by the\n respondent.7. Thereafter, respondent filed an application underSection 8of\n the Arbitration and Conciliation Act, 1996 for referring the parties to\n arbitration, which application was allowed by order dated 30.04.2019.8. Learned counsel submits that by till order dated 30.04.2019 was\n passed, no counter claim had been raised by the respondent and asSignature Not VerifiedDigitally Signed By:KUNAL CM (M)452/2020 Page 2 of 9MAGGUSigning Date:24.09.2020 21:58:36\nThis file is digitally signed by PS\nto HMJ Sanjeev Sachdeva.such the reference was only of the claims raised by the petitioner and\n the Arbitral Tribunal has erred in not rejecting the claims under Order\n 7 rule 11CPC.9. Learned counsel submits that since there was no specific\n reference of the counter claim to arbitration, the arbitral tribunal is\n precluded from entertaining the same.10. Reliance is placed by learned counsel for the petitioner on the\n judgment of the Supreme Court in State of Goa Vs. M/s Parveen\n Enterprises 2012 (12) SCC 581 to contend that where reference to the\n arbitrator is to decide specific disputes enumerated by the\n parties/court/appointing authority, the arbitrator's jurisdiction is\n circumscribed by the specific reference and the arbitrator can decide\n only those specific disputes.11. Learned counsel for the Respondent contends that order dated\n 30.04.2019, whereby parties were referred to arbitration did not refer\n only specified disputes and did not restrict the arbitral proceedings to\n only the disputes referred, respondent is not precluded from filing a\n counter claim.12. Learned counsel for the respondent also relies on the judgment\n of Parveen Enterprises (supra) in support of his submission.13. The Supreme Court in of Parveen Enterprises (supra) inter-\n alia held as under:Signature Not VerifiedDigitally Signed By:KUNAL CM (M)452/2020 Page 3 of 9MAGGUSigning Date:24.09.2020 21:58:36\nThis file is digitally signed by PS\nto HMJ Sanjeev Sachdeva."11. Reference to arbitration can be in respect of all\n disputes between the parties or all disputes regarding a\n contract or in respect of specific enumerated disputes.\n Where "all disputes" are referred, the arbitrator has\n jurisdiction to decide all disputes raised in the pleadings\n (both claim and counter-claim) subject to any limitation\n placed by the arbitration agreement. Where the\n arbitration agreement provides that all disputes shall be\n settled by arbitration but excludes certain matters from\n arbitration, then, the arbitration will exclude the\n excepted matter and decide only those disputes which are\n arbitrable. But where the reference to the arbitrator is to\n decide specific disputes enumerated by the\n parties/court/appointing authority, the arbitrator's\n jurisdiction is circumscribed by the specific reference\n and the arbitrator can decide only those specific\n disputes.***** ***** *****27.Section 23read withSection 2(9)makes it clear\n that a respondent is entitled to raise a counter claim\n "unless the parties have otherwise agreed" and also add\n to or amend the counter claim, "unless otherwise\n agreed". In short, unless the arbitration agreement\n requires the arbitrator to decide only the specifically\n referred disputes, the respondent can file counter claims\n and amend or add to the same, except where the\n arbitration agreement restricts the arbitration to only\n those disputes which are specifically referred to\n arbitration, both the claimant and the respondent are\n entitled to make any claims or counter claims and further\n entitled to add or amend such claims and counter claims\n provided they are arbitrable and within limitation.***** ***** *****Signature Not VerifiedDigitally Signed By:KUNAL CM (M)452/2020 Page 4 of 9MAGGUSigning Date:24.09.2020 21:58:36\nThis file is digitally signed by PS\nto HMJ Sanjeev Sachdeva.32. A counterclaim by a respondent presupposes the\n pendency of proceedings related to the disputes raised by\n the claimant. The respondent could no doubt raise a\n dispute (in respect of the subject-matter of the\n counterclaim) by issuing a notice seeking reference to\n arbitration and follow it by an application underSection\n 11of the Act for appointment of arbitrator, instead of\n raising a counterclaim in the pending arbitration\n proceedings. The object of providing for counterclaims is\n to avoid multiplicity of proceedings and to avoid\n divergent findings. The position of a respondent in an\n arbitration proceedings being similar to that of a\n defendant in a suit, he has a choice of raising the dispute\n by issuing a notice to the claimant calling upon him to\n agree for reference of his dispute to arbitration and then\n to resort to an independent arbitration proceedings or\n raise the dispute by way of a counterclaim, in the\n pending arbitration proceedings.***** ***** *****41. The position emerging from the above discussion\n may be summed up as follows:(a)Section 11of the Act requires the Chief Justice or\n his designate to either appoint the arbitrator(s) or to take\n necessary measures in accordance with the appointment\n procedure contained in the arbitration agreement. The\n Chief Justice or the designate is not required to draw up\n the list of disputes and refer them to arbitration. The\n appointment of the Arbitral Tribunal is an implied\n reference in terms of the arbitration agreement.(b) Where the arbitration agreement provides for\n referring all disputes between the parties (whether\n without any exceptions or subject to exceptions), the\n arbitrator will have jurisdiction to entertain anySignature Not VerifiedDigitally Signed By:KUNAL CM (M)452/2020 Page 5 of 9MAGGUSigning Date:24.09.2020 21:58:36\nThis file is digitally signed by PS\nto HMJ Sanjeev Sachdeva.counterclaim, even though it was not raised at a stage\n earlier to the state of pleadings before the arbitrator.(c) Where however the arbitration agreement requires\n specific disputes to be referred to arbitration and\n provides that the arbitrator will have the jurisdiction to\n decide only the disputes so referred, the arbitrator's\n jurisdiction is controlled by the specific reference and he\n cannot travel beyond the reference, nor entertain any\n additional claims or counterclaims which are not part of\n the disputes specifically referred to arbitration.(underlining supplied)14. The Supreme Court in Parveen Enterprises (supra) has held\n that the Chief Justice or his designate while exercising the powers of\n appointment underSection 11is not required to draw up a list of\n disputes and refer them to arbitration and further where the arbitration\n agreement provides for referring all disputes between the parties,\n whether without any exception or subject to exception, the arbitrator\n would have the jurisdiction to entertain any counterclaim even though\n it was not raised at a stage earlier to the stage of pleadings before the\n arbitrator.15. The Supreme Court further held that the position of a\n respondent in an arbitration proceedings is similar to that of a\n defendant in a suit, he has the choice of raising the dispute by issuing\n a notice to the claimant calling upon him to agree for reference of his\n dispute to arbitration and then to resort to an independent arbitration\n proceedings or raise the dispute by way of a counterclaim, in theSignature Not VerifiedDigitally Signed By:KUNAL CM (M)452/2020 Page 6 of 9MAGGUSigning Date:24.09.2020 21:58:36\nThis file is digitally signed by PS\nto HMJ Sanjeev Sachdeva.pending arbitration proceedings.16. Respondent is entitled to raise a counterclaim unless the parties\n have otherwise agreed and also to amend or add to the counterclaim\n unless otherwise agreed. Unless the arbitration agreement requires the\n arbitrator to decide only the specific referred disputes, respondent can\n file counterclaim and amend or add to the same. Except where\n arbitration agreement restricts the arbitration to only those disputes\n which are specifically referred to arbitration, both parties are entitled\n to make claims or counter claims and further entitled to add or amend\n such claims or counterclaims provided they are arbitrable and within\n limitation.17. Learned counsel for the petitioner fairly concedes that there is\n no stipulation in the arbitration agreement which restricts reference\n only of any particular type of disputes or excludes reference of any\n other dispute.18. Reference may also be had to the order dated 30.04.2019 in\n CS(Comm.) 580/2016 wherein this Court has held as under:-"15. Under these circumstances and also in view of the\n consent given by Defendant Nos. 1 and 2, an independent\n Arbitrator is appointed to adjudicate the disputes\n between the parties. Hon'ble Mr. Justice S. P. Garg\n (Retd) - (M: 9910384631, Add: D-72,. Saket Court\n Residential Complex, Saket, New Delhi - 110017) retired\n judge of this Court is appointed as the Sole Arbitrator to\n adjudicate the disputes between the parties. The claimsSignature Not VerifiedDigitally Signed By:KUNAL CM (M)452/2020 Page 7 of 9MAGGUSigning Date:24.09.2020 21:58:36\nThis file is digitally signed by PS\nto HMJ Sanjeev Sachdeva.raised by the Plaintiff in the amended plaint, shall be\n treated as the Claims before the Arbitrator. Both parties\n agree, that the arbitration may be conducted under the\n aegis of the Delhi International Arbitration Centre\n (DIAC) and its Ru1es.16. None of the observations made, either in the order\n dated 6th December, 2018 or in today's order would bind\n the Arbitrator in terms of the adjudication of issues which\n may arise. All issues and objections are left open to both\n the parties."19. Perusal of order dated 30.04.2019 shows that the order does not\n refer any particular dispute or excludes from reference any particular\n or other disputes. Rather the Court has held that "None of the\n observations made, either in the order dated 6th December, 2018 or in\n today's order would bind the Arbitrator in terms of the adjudication\n of issues which may arise. All issues and objections are left open to\n both the parties.", which clearly signifies that there is a general\n reference of all disputes and issues that have arisen or may arise\n between the parties.20. Clearly since there is no restriction either in the arbitration\n agreement or in the order of reference dated 30.04.2019 with regard to\n disputes that can be referred or exclusion from reference of certain\n disputes. Accordingly, the contention of learned counsel for the\n petitioner that the counterclaims could not have been entertained by\n the Arbitral Tribunal is not sustainable.Signature Not VerifiedDigitally Signed By:KUNAL CM (M)452/2020 Page 8 of 9MAGGUSigning Date:24.09.2020 21:58:36\nThis file is digitally signed by PS\nto HMJ Sanjeev Sachdeva.21. The issue as to whether the counterclaims are within limitation\n or not has already been held by the arbitral tribunal to be a mixed\n question of fact and law and said issue has been left open to be\n decided at the time of final adjudication of the arbitral proceedings.22. I find no merit in the petition or ground to interfere with the\n impugned order dated 25.08.2020 of the Arbitral Tribunal.23. The petition is accordingly dismissed.24. Copy of the order be uploaded on the High Court website and\n be also forwarded to learned counsels through email by the Court\n Master.SANJEEV SACHDEVA, J\n SEPTEMBER 24, 2020\n 'rs'Signature Not VerifiedDigitally Signed By:KUNAL CM (M)452/2020 Page 9 of 9MAGGUSigning Date:24.09.2020 21:58:36\nThis file is digitally signed by PS\nto HMJ Sanjeev Sachdeva.

1ed14baf-599e-5427-909c-95010318deee

court_cases

Take notes as you read a judgment using our Virtual Legal Assistant and get email alerts whenever a new judgment matches your query (Query Alert Service). Try out our Premium Member services -- Free for one month.\n\nMadhya Pradesh High Court\nM/S Jain Brothers vs Anju Adiwasi on 14 October, 2022Author: Vivek Agarwal\n 1\n IN THE HIGH COURT OF MADHYA PRADESH\n AT JABALPUR\n BEFORE\n HON'BLE SHRI JUSTICE VIVEK AGARWAL\n ON THE 14th OF OCTOBER, 2022\n\n MISCELLANEOUS APPEAL No. 3226 of 2013\n\n BETWEEN:-\n M/S JAIN BROTHERS SALE CENTRE PARSI\n ASSOCIATION FLAT NO.14/15 BUILDING NO.7A\n OLD PUMP HOUSE ANDHERI EAST MUMBAI -\n 400093 (MS.)\n\n .....APPELLANT\n (BY SHRI RAJNEESH GUPTA - ADVOCATE)\n\n AND\n 1. ANJU ADIWASI W/O LATE UMASHANKAR\n ADIWASI, AGED ABOUT 24 YEARS, VILL. AND\n POST KONIYAKALA P.S. JAVA TAH. TEONTHAR\n DISTT. REWA (MADHYA PRADESH)\n\n 2. AMARJEET ADIWASI S/O SUBHAI ADIWASI\n VILLAGE AND POST KONIYAKALA POLICE\n STATION JAVA, TAHSIL TEONTHAR REWA\n (MADHYA PRADESH)\n\n 3. DHANRAJUA DEVI W/O AMARJEET ADIWASI\n VILLAGE AND POST KONIYAKALA POLICE\n STATION JAVA, TAHSIL TEONTHAR REWA\n (MADHYA PRADESH)\n\n 4. GENERAL MANAGER UNION OF INDIA\n WESTERN RAILWAY, CHURCH GATE, MUMBAI,\n M.H. (MADHYA PRADESH)\n\n .....RESPONDENTS\n (SHRI ARUBENDRA SINGH PARIHAR - ADVOCATE FOR\n RESPONDENTS NO.1 TO 3)\n\n MISCELLANEOUS APPEAL No. 3227 of 2013\n\nSignature Not Verified\n SAN\n BETWEEN:-\nDigitally signed by PUSHPENDRA PATEL\nDate: 2022.10.14 19:29:06 IST\n M/S JAIN BROTHERS SALE CENTRE, PASI\n ASSOCIATION FLAT NO.14/15 BUILDING NO.7A\n 2\n OLD PUMP HOUSE ANDHERI EAST MUMBAI -\n 400093 (M.S.)\n\n .....APPELLANT\n (BY SHRI RAJNEESH GUPTA - ADVOCATE)\n\n AND\n 1. BHAGWANIA DEVI W/O LATE SHRI JAWAHAR\n LAL ADIWASI, AGED ABOUT 34 YEARS, VILL.\n AND POST KONIYAKALA P.S. JAVA TAH.\n TEONTHAR DISTT. REWA (MADHYA PRADESH)\n\n 2. MITHALESH ADIWASI S/O LATE SHRI\n JAWAHARLAL ADIWASI, AGED ABOUT 14\n YEARS, OCCUPATION: MINORS THROUGH HER\n GUARDIAN MOTHER BHAGWANIA DEVI\n VILLAGE AND POST KONIYAKALA POLICE\n STATION JAVA, TAHSIL TEONTHAR REWA\n (MADHYA PRADESH)\n\n 3. KU. SANGITA ADIWASI D/O LATE SHRI\n JAWAHARLAL ADIWASI, AGED ABOUT 12\n YE A R S , OCCUPATION: MINORS THROUGH\n NATURAL GUARDIAN MOTHER\n SMT.BHAGWANIA DEVI VILLAGE AND POST\n KONIYAKALA POLICE STATION JAVA, TAHSIL\n TEONTHAR, REWA, M.P (MADHYA PRADESH)\n\n 4. AKALESH ADIWASI S/O LATE SHRI\n JAWAHARLAL ADIWASI, AGED ABOUT 10\n YE A R S , VILLAGE AND POST KONIYAKALA\n POLICE STATION JAVA, TAHSIL TEONTHAR\n REWA (MADHYA PRADESH)\n\n 5. BHAIYALAL ADIWASI S/O LATE SHRI\n RAMKISHORE ADIWASI, AGED ABOUT 71\n YE A R S , VILLAGE AND POST KONIYAKALA\n POLICE STATION JAVA, TAHSIL TEONTHAR,\n REWA, M.P (MADHYA PRADESH)\n\n 6. GUJRATIA ADIWASI W/O SHRI BHAIYALAL\n ADIWASI, AGED ABOUT 66 YEARS, VILLAGE\n AND POST KONIYAKALA POLICE STATION\n JAVA, TAHSIL TEONTHAR REWA (MADHYA\n PRADESH)\n\nSignature Not Verified\n 7. GENERAL MANAGER UNION OF INDIA\n SAN\n WESTERN RAILWAY, CHURCH GATE, MUMBAI,\n M.H. (MADHYA PRADESH)\nDigitally signed by PUSHPENDRA PATEL\nDate: 2022.10.14 19:29:06 IST\n\n\n .....RESPONDENTS\n 3\n (SHRI ARUBENDRA SINGH PARIHAR - ADVOCATE FOR\n RESPONDENTS NO.1 TO 6)\n\n MISCELLANEOUS APPEAL No. 3228 of 2013\n\n BETWEEN:-\n M/S JAIN BROTHERS SALE CENTRE, PASI\n ASSOCIATION FLAT NO.14/15 BUILDING NO.7A\n OLD PUMP HOUSE ANDHERI EAST MUMBAI -\n 400093 (M.S.)\n\n .....APPELLANT\n (BY SHRI RAJNEESH GUPTA - ADVOCATE)\n\n AND\n 1. SHYAMKALI ADIWASI W/O LATE SHRI DILDAR\n AHIWASI, AGED ABOUT 34 YEARS.\n\n 2. KU. KAVITA DEVI D/O LATE SHRI DILDAR\n ADIWASI, AGED ABOUT 20 YEARS.\n\n 3. KU. RAVITA DEVI D/O LATE SHRI DILDAR\n ADIWASI, AGED ABOUT 18 YEARS.\n\n 4. KU. SAVITA DEVI D/O LATE SHRI DILDAR\n ADIWASI, AGED ABOUT 15 YEARS.\n\n RESPONDENTS NO.2 TO 4 MINORS THROUGH\n THEIR GUARDIAN MOTHER SHYAMKALI\n ADIWASI.\n\n 5. RAMRATIA ADIWASI W/O LATE SUKHAI\n ADIWASI, AGED ABOUT 76 YEARS.\n\n ALL RESIDENTS OF VILLAGE AND POST\n KONIYAKALA, POLICE STATION JAVA, TAHSIL\n TEONTHAR, DISTRICT REWA (MADHYA\n PRADESH)\n\n 6. GENERAL MANAGER UNION OF INDIA\n WESTERN RAILWAY, CHURCH GATE, MUMBAI\n (MAHARASHTRA)\n\n .....RESPONDENTS\n (SHRI ARUBENDRA SINGH PARIHAR - ADVOCATE FOR\nSignature Not Verified\n SAN\n\n\n RESPONDENTS NO.1 TO 5)\nDigitally signed by PUSHPENDRA PATEL\nDate: 2022.10.14 19:29:06 IST\n\n These appeals coming on for orders this day, th e court passed the\n 4\n following:\n ORDER\n These appeals have been filed by the Contractor being aggrieved of\n awards dated 05.09.2013 passed in case Nos.56/WC Act/07 Fatal, 55/WC\n Act/07/Fatal and 54/WC Act/07/Fatal, on a common ground that there was no\n evidence to prove that deceased namely, Umashankar Aadiwasi, Dildar\n Aadiwasi and Jawahar Aadiwasi, were the employees of the present appellant\n and the appellant had engaged their services for the purpose of change of\n sleepers from Church Gate station to Greater Mumbai and in absence of any\n such evidence, impugned awards could not have been passed.\n Shri Rajneesh Gupta further submits that penalty has been imposed\n without affording an opportunity of hearing to the appellant.\n Shri Arubendra Singh Parihar supports the awards.\n After hearing learned counsel for the parties and going through the\n record, it is evident that witness of the Contractor-appellant, Shri Rajendra\n Choubey was examined as NAW-2 and he has admitted deployment of\n deceased employees namely, Umashankar Aadiwasi, Dildar Aadiwasi and\n Jawahar Aadiwasi for the work of change of railway sleepers at Jogeshwari\n station on the date of the accident. Thus, in view of the evidence given by\n appellant's own witness Shri Rajendra Choubey, factum of employment stands\n proved and no advantage can be derived by the appellant in this behalf.\n Thus, the only other issue which survives for adjudication is that whether\n Tribunal had afforded an opportunity of hearing to the appellant before\n imposing penalty or not?\nSignature Not Verified\n SAN\n\n Provisions contained in Section 4A(3)(b) of the Employees'\nDigitally signed by PUSHPENDRA PATEL\n\n Compensation Act, 1923, provides that if, in his opinion, there is no justification\nDate: 2022.10.14 19:29:06 IST\n 5\n for the delay, direct that the employer shall, in addition to the amount of the\n arrears and interest thereon, pay a further sum not exceeding 50% of such\n amount by way of penalty.\n When this provision is taken into consideration and the fact that appellant\n was represented and was given an opportunity of hearing and onus was on the\n appellant to have pointed out that why compensation was not paid within thirty\n days of happening of the incident and appellant was unnecessarily trying to\n avoid his liability, especially when one of his own witnesses Shri Rajendra\n Choubey has admitted factum of employment and accident taking place,\n discretion of the Tribunal in awarding 25% penalty cannot be faulted with in the\n light of the decision of the Supreme Court in case of Ved Prakash Garg Vs.\n Premi Devi, JT 1997 (8) SC 229, wherein it is held that the amount of\n penalty imposed on the insured employer under contigencies contemplated by\n Section 4A(3)(b) is concerned as that is on account of personal fault of the\n insured not backed up by any justifiable cause, the insurance company cannot\n be made liable to reimburse that part of the penalty amount imposed on the\n employer. The latter because of his own fault and negligence will have to bear\n the entire burden of the said penalty amount with proportionate interest thereon\n if imposed by the Workmen's Compensation Act.\n Thus, it is evident that employer had taken a frivilous plea of non\n engagement of the deceased labourers and had not deposited the compensation\n amount payable within a period of thirty days, incurring liability to pay penalty\n and that being on account of personal fault of the employer, is fully justified\n under the facts and circumstances of the case. Especially looking to the fact\nSignature Not Verified\n SAN\n\n\n that sub-section 3 of Section 4A is a beneficial provision as has been held by\nDigitally signed by PUSHPENDRA PATEL\nDate: 2022.10.14 19:29:06 IST\n\n this Court in Divisional Forest Officer Vs. Baijanti Bai and others, (1995)\n 6\n ILLJ 837 MP, I am of the opinion that there is no illegality in the impugned\n orders calling for interference.\n Appeals fail and are dismissed.\n Records of the Court below be sent back.\n\n (VIVEK AGARWAL)\n JUDGE\n pp\n\n\n\n\nSignature Not Verified\n SAN\n\n\n\n\nDigitally signed by PUSHPENDRA PATEL\nDate: 2022.10.14 19:29:06 IST

8a448427-54fc-5ad0-952a-38f62cc295ee

court_cases

Jammu & Kashmir High Court - Srinagar BenchUnion Of India vs Assistant Labour on 18 September, 2020Author:Sindhu SharmaBench:Sindhu SharmaSr. No. 242\n After Notice\n\n HIGH COURT OF JAMMU AND KASHMIR\n AT SRINAGAR\n (Through Virtual Mode)\n\n OWP No. 542/2019\n [WP(C) No. 1416/2019]\n CM No. 2562/2019[1/2019]\n c/w\n OWP No. 543/2019\n CM No. 2526/2019[1/2019]\n OWP No. 544/2019\n CM No. 2527/2019[1/2019]\n OWP No. 545/2019\n CM No. 2528/2019[1/2019]\n OWP No. 547/2019\n CM No. 2530/2019[1/2019]\n\n\n Union of India .... Petitioner/Applicant(s)\n\n Through:- Mr. M. M. Bashir, Advocate vice\n Mr. A. S. Sodhi, CGSC\n\n V/s\n Assistant Labour .....Respondent(s)\n Commissioner & ors.\n\n Through:- Ms. Rehana Qayoom, Advocate\n vice Mr. T. M. Shamshi, ASGI\n for R-3\n\n Coram : HON'BLE MRS. JUSTICE SINDHU SHARMA, JUDGE\n ORDEROn request of learned counsel for the petitioner, adjourned.List on 13.11.2020.Meanwhile, interim directions dated 23.04.2019 & 24.04.2019, to\n\n continue till next date before the Bench.(Sindhu Sharma)\n Judge\n SRINAGAR\n 18.09.2020\n SUNIL-IISUNIL KUMAR2020.09.18 17:30I attest to the accuracy andintegrity of this document

b6130a5e-29b1-5981-8756-31a0f4ffe551

court_cases

Jammu & Kashmir High Court - Srinagar BenchTabasum Jan & Anr vs Union Territory Of J&K And Ors on 13 January, 2023Serial No. 15\n Supplementary Cause List 1\n\n HIGH COURT OF JAMMU & KASHMIR AND LADAKH\n AT SRINAGAR\n\n WP(C) No. 40/2023\n CM No. 50/2023\n Tabasum Jan & Anr. ...Appellant/Petitioner(s)\n\n Through: Mr. Wani Parvaiz, Advocate.\n\n Vs.\n\n Union Territory of J&K and Ors. ...Respondent(s)\n\n Through:\n\n CORAM:\n HON'BLE MR. JUSTICE RAJESH SEKHRI, JUDGE\n\n ORDER13.01.20231. The petitioners seek a direction to respondents 1 to 4 to provide them\n\nthe police protection as they apprehend danger to their lives from respondent\n\nno. 5. It is submitted that the petitioners are major and out of their free will\n\ncontracted marriage without any force, undue influence, fraud and coercion.\n\nCopy of Nikah Nama dated 10.01.2023 has been placed on record. They\n\nsubmit that since they have contracted the marriage against the wishes of\n\nrespondent no. 5, as such, they are facing harassment at his hands.2. Learned counsel for the petitioners refers to the decision of the Supreme\n\nCourt inLata Singh v. State of U.P.and anr., 2006 (5) SCC 475, and\n\nsubmits that in absence of there being any legal impediment, the petitioners\n\nare entitled to marry according to their choice and the official respondents are\n\nduty bound to protect the life and liberty of the petitioners.3. Any person having attained the age of majority is entitled to contract\n\nthe marriage as per his/her wishes and the police department is duty bound to\n\nprotect the life and liberty, if approached. However, it appears that the\n petitioners have never approached the official respondents for their\n\nindulgence in the matter for providing protection to them.4. In this view of the matter, this petition is disposed of, at this stage, by\n\nproviding that the respondents 1 to 4 shall look into the grievance of the\n\npetitioners for providing them adequate security and to ensure that nobody\n\ninterferes in their married life, if they approach them. It is made clear that no\n\nopinion has been expressed with regard to the validity of their marriage. It is\n\nfurther provided that this order shall not come in the way of Police Authority\n\nto verify the medical certificate of petitioner no. 1.5. The writ petition is, accordingly, disposed of.(RAJESH SEKHRI)\n JUDGE\nSRINAGAR:13.01.2023\n"Hamid"

949a9c85-3467-5120-971f-fb505241b80b

court_cases

Take notes as you read a judgment using our Virtual Legal Assistant and get email alerts whenever a new judgment matches your query (Query Alert Service). Try out our Premium Member services -- Free for one month.\n\nIncome Tax Appellate Tribunal - Mumbai\nNational E-Assessment Centre/ Dy ... vs L' Oreal India P. Ltd., Mumbai on 12 June, 2023\n IN THE INCOME TAX APPELLATE TRIBUNAL\n MUMBAI 'K' BENCH, MUMBAI.\n\n Before Shri B.R. Baskaran (AM) & Shri Rahul Chaudhary (JM)\n\n M.A. No. 60/Mum/2023\n I.T.A. No. 1198/Mum/2021 (A.Y. 2016-17)\n\n DCIT-7(1)(1) Vs. M/s. L'Oreal India Pvt. Ltd.\n Room No. 126 A Wing, 8th Floor\n 1st Floor Marathon Futurex, N.M.\n Aayakar Bhavan Joshi Marg, Lower Parel\n M.K. Road Mumbai-400 013.\n Mumbai-400 020.\n PAN : AAACL0738K\n (Appellant) (Respondent)\n\n Assessee by Shri Niraj Sheth\n Department by Ms. Nayana Krishnakumar\n Date of Hearing 21.04.2023\n Date of Pronouncement 12.06.2023\n\n ORDER\nPer B.R.Baskaran (AM) :-\n\n The Revenue has filed this Miscellaneous Application submitting that\nthere is mistake apparent from record in the order dated 29.6.2022 passed in\nITA No. 1198/Mum/2021.\n2. Learned DR submitted that the Tribunal has adjudicated the issue\nrelating to the primary adjustment and secondary adjustment done under\ntransfer pricing provisions in respect of "Advertisement, Marketing and\nPromotional" (AMP) expenses. The Tribunal in this regard followed the\ndecision rendered by the Coordinate Bench in assessee's own case in A.Y.\n2015-16. The Learned DR submitted that the Tribunal in A.Y. 2015-16 has\ndeleted the primary adjustment and restored the secondary adjustment to\nthe file of the Assessing Officer/TPO. However, the Tribunal in the instant\nyear, has deleted the secondary adjustment also, which is contrary to the\ndecision rendered in A.Y. 2015-16. Accordingly, learned DR submitted that\n 2\n M/s. L'Oreal India Pvt. Ltd.\n\nthe Revenue has filed this Miscellaneous Application seeking correction of the\nabove said error.\n\n3. The Learned AR agreed with the submissions made by learned DR. He\nsubmitted that the decision on this issue has been rendered by the Tribunal\nin paragraph No. 7 of its order on this issue. He submitted that there is\ntypographical error in that paragraph, i.e., the decision on the primary\nadjustment was given for both AY 2016-17 and 2017-18. However, the AY\n2017-18 was omitted to be mentioned in the said paragraph. Accordingly, he\nprayed that the said typographical error may also be corrected.\n\n4. Having heard the rival submission, we agree with the submissions of\nthe revenue that there is mistake apparent from record, since the issue of\nsecondary adjustment has been restored to the file of AO/TPO in the earlier\nyears. Accordingly paragraph No. 7 in the order dated 29.6.2022 is\nsubstituted with the following paragraph:-\n\n "7. We noticed that the Coordinate Benches are consistently taking\n the view that the primary adjustment made in the hands of the\n assessee in respect of AMP expenses are not sustainable. With regard to\n the secondary adjustment, it is noticed that co-ordinate benches have\n restored the same to the file of the Assessing Officer/TPO in A.Y. 2014-\n 15 & 2015-16 with certain directions. Since there is no change in the\n facts, following the decisions rendered by the Coordinate Benches in the\n earlier years in assessee's own case, we direct the Assessing Officer to\n delete the primary transfer pricing adjustment made in respect of AMP\n expenses both in A.Y. 2016-17 and 2017-18. The secondary adjustment\n made in A.Y. 2016-17 is restored to the file of the Assessing Officer with\n the similar directions as given by the Tribunal in A.Y. 2014-15."\n 3\n M/s. L'Oreal India Pvt. Ltd.\n\n5. In the result, Miscellaneous Application filed by the Revenue is\nallowed.\n\n Pronounced in the open court on 12.6.2023.\n\n Sd/- Sd/-\n (RAHUL CHAUDHARY) (B.R. BASKARAN)\n Judicial Member Accountant Member\n\nMumbai; Dated : 12/06/2023\n\nCopy of the Order forwarded to :\n\n 1. The Appellant\n 2. The Respondent\n 3. The CIT(Judicial)\n 4. PCIT\n 5. DR, ITAT, Mumbai\n 6. Guard File.\n\n BY ORDER,\n //True Copy//\n\n (Assistant Registrar)\nPS ITAT, Mumbai

4be9154d-4fa8-5a1f-a0f0-5f1d9fab6385

court_cases

Take notes as you read a judgment using our Virtual Legal Assistant and get email alerts whenever a new judgment matches your query (Query Alert Service). Try out our Premium Member services -- Free for one month.\n\nPatna High Court\nShree Balaji Enterprises vs The State Of Bihar on 13 April, 2023 IN THE HIGH COURT OF JUDICATURE AT PATNA\n Civil Writ Jurisdiction Case No.4221 of 2023\n ======================================================\n Shree Balaji Enterprises A proprietorship firm having its place of business at\n Pan Mandi, Jawahar Lal Road, Kalyani Chowk, Muzaffarpur through its\n Proprietor namely Rajesh Kumar Agrawal male aged about 42 years son of\n Shri Hari Prashad Agrawal, resident of Pankaj Market, Near Girish Agency\n HPO, Muzaffarpur- 842001.\n\n ... ... Petitioner/s\n Versus\n\n1. The State of Bihar through the Commissioner, Department of State Taxes,\n Government of Bihar, Patna.\n2. The Additional Commissioner of State Taxes (Appeal), Tirhut Division,\n Muzaffarpur.\n3. The Assistant Commissioner of State Taxes (IB), Tirhut Division,\n Muzaffarpur.\n4. The Deputy Commissioner of Commercial Taxes (IB), Tirhut Division,\n Muzaffarpur.\n5. The Assistant Commissioner of Commercial Taxes, East Cirlce,\n Muzaffarpur.\n6. The Commercial Taxes Officer, (IB), Tirhut Division, Muzaffarpur.\n\n ... ... Respondent/s\n ======================================================\n Appearance :\n For the Petitioner/s : Mr.Gautam Kumar Kejriwal, Advocate\n For the Respondent/s : Mr.Vikash Kumar, SC 11\n ======================================================\n CORAM: HONOURABLE THE CHIEF JUSTICE\n and\n HONOURABLE MR. JUSTICE MADHURESH PRASAD\n ORAL JUDGMENT\n (Per: HONOURABLE THE CHIEF JUSTICE)\n\n Date : 13-04-2023\n\n The instant writ petition has been filed under\n\n Article 226 of the Constitution of India seeking multifarious\n\n reliefs.\n\n The petitioner essentially is desirous of availing\n\n statutory remedy of appeal against the impugned order before\n Patna High Court CWJC No.4221 of 2023 dt.13-04-2023\n 2/4\n\n\n\n\n the Appellate Tribunal (hereinafter referred to as "Tribunal")\n\n under Section 112 of the Bihar Goods and Services Tax Act\n\n (hereinafter referred to as "B.G.S.T. Act").\n\n However, due to non-constitution of the\n\n Tribunal, the petitioner is deprived of his statutory remedy\n\n under Sub-Section (8) and Sub-Section (9) of Section 112 of the\n\n B.G.S.T. Act.\n\n Under the circumstances, the petitioner is also\n\n prevented from availing the benefit of stay of recovery of\n\n balance amount of tax in terms of Section 112 (8) and (9) of the\n\n B.G.S.T Act upon deposit of the amounts as contemplated under\n\n sub-section (8) of Section 112.\n\n The respondent State authorities have\n\n acknowledged the fact of non-constitution of the Tribunal and\n\n come out with a notification bearing Order No. 09/2019-State\n\n Tax, S. O. 399, dated 11.12.2019 for removal of difficulties, in\n\n exercise of powers under Section 172 of the B.G.S.T Act, which\n\n provides that period of limitation for the purpose of preferring\n\n an appeal before the Tribunal under Section 112 shall start only\n\n after the date on which the President, or the State President, as\n\n the case may be, of the Tribunal after its constitution under\n\n Section 109 of the B.G.S.T Act, enters office.\n Patna High Court CWJC No.4221 of 2023 dt.13-04-2023\n 3/4\n\n\n\n\n This Court is, therefore, inclined to dispose of\n\n the instant writ petition in the following terms:-\n\n (i) Subject to deposit of a sum equal to 20\n percent of the remaining amount of tax in\n dispute, if not already deposited, in addition to\n the amount deposited earlier under sub-section\n (6) of Section 107 of the B.G.S.T. Act, the\n petitioner must be extended the statutory benefit\n of stay under sub-section (9) of Section 112 of\n the B.G.S.T. Act. The petitioner cannot be\n deprived of the benefit, due to non- constitution\n of the Tribunal by the respondents themselves.\n The recovery of balance amount, and any steps\n that may have been taken in this regard will thus\n be deemed to be stayed. It is not in dispute that\n similar relief has been granted by this Court in\n the case of SAJ Food Products Pvt. Ltd. vs. The\n State of Bihar & Others in C.W.J.C. No. 15465\n of 2022.\n (ii) The statutory relief of stay, on deposit of the\n statutory amount, however in the opinion of this\n Court, cannot be open ended. For balancing the\n equities, therefore, the Court is of the opinion\n that since order is being passed due to non-\n constitution of the Tribunal by the respondent-\n Authorities, the petitioner would be required to\n present/file his appeal under Section 112 of the\n B.G.S.T. Act, once the Tribunal is constituted\n and made functional and the President or the\n State President may enter office. The appeal\n would be required to be filed observing the\n statutory requirements after coming into\n existence of the Tribunal, for facilitating\n consideration of the appeal.\n (iii) In case the petitioner chooses not to avail\n the remedy of appeal by filing any appeal under\n Section 112 of the B.G.S.T. Act before the\n Patna High Court CWJC No.4221 of 2023 dt.13-04-2023\n 4/4\n\n\n\n\n Tribunal within the period which may be\n specified upon constitution of the Tribunal, the\n respondent- Authorities would be at liberty to\n proceed further in the matter, in accordance with\n law.\n\n With the above liberty, observation and\n\n directions, the writ petition stands disposed of.\n (K. Vinod Chandran, CJ)\n\n\n ( Madhuresh Prasad, J)\nSujit/Sharun\nAFR/NAFR NAFR\nCAV DATE\nUploading Date 17.04.2023\nTransmission Date

fe968bd5-02e2-5c1c-8b67-b1b14f8526db

court_cases

Andhra Pradesh High Court - AmravatiG.Gnana Prakasa Rao vs The State Of Andhra Pradesh, on 31 August, 2020Bench: M.Satyanarayana MurthyTHE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY\n\n WRIT PETITION NO.15201 OF 2020\nORDER:This writ petition is filed underArticle 226of the Constitution\n\nof India, to issue Writ of mandamus, declaring the action of 3rd\n\nrespondent in not considering the petitioner for promotion to the\n\npost of Assistant Conservator of Forest pursuant to the list of eligible\n\nForest Range Officers for appointment by promotion to the cadre of\n\nAssistant Conservator of Forests during panel year 2019-2020\n\nissued by the 2nd respondent vide RcNo. 5424/2020/Admn-2 dated\n\n09/08/2020 on the pretext of pending articles of Charge but\n\notherwise eligible for promotion without considering representation\n\ndated 20.08.2020 as illegal, arbitrary and violative of Articles 14 and\n\n16 of Constitution of India.The petitioner joined Forest Department as Forest Guard on\n\n13.09.1994 in Repalle Range of Guntur Forest Division. He was\n\npromoted as Forest Section Officer during 1999 and was posted as\n\nFSO, VEldurti Section of Macherla Range, Guntur Forest Division.\n\nSubsequently, the petitioner was promoted as Forest Range Officer in\n\nJuly 2005 and was posted at Vijayapuri (South) Range, Nagarjuna\n\nSagar (WL) Division, Guntur District. The petitioner underwent\n\ntraining as Forest Range Officer in Forest College, Coimbatore, Tamil\n\nNadu. Later, he was posted as Forest Range Officer in Giddaluru\n\nRange of Giddalur Forest Division. Then, the petitioner was posted\n\nas Forest Range Officer, Guntur in Guntur Forest Division and on\n\ntransfer, the petitioner joined as Forest Range Officer,\n\nYerragondapalem on 04.06.2017 and continuing since then.MSM,J\n W.P No.15201 of 20202It is contended that the petitioner worked sincerely throughout\n\nhis career and to the satisfaction of his superior officers. While the\n\nmatter stood thus, the petitioner was served with Article of Charges\n\nin PCCF&HoFF, AP Ref No.12003/2019/2019/Vig(iv) dated\n\n17.07.2020 on the allegation that he did not take steps for payment\n\nof wage component of Rs.10,12,580/- for the works done during the\n\nyear 2018-19 under Mahatma Gandhi National Rural Employment\n\nGuarantee Scheme (MGNREGS). It is contended that the petitioner\n\ncarried out the works as per the instructions of the DFO (WL)\n\nMarkapur and as per guidelines for implementation of the Scheme.\n\nThe musters raised were submitted to the office of DFO (WL)\n\nMarkapur for generating Funds Transfer Order (FTO). As the\n\npetitioner submitted the musters to his superior officer for\n\nprocessing, the petitioner cannot be held responsible for the delay in\n\nprocessing and placed required documentary evidences to\n\nsubstantiate his case and to establish that the allegation is baseless.\n\nThe petitioner submitted an explanation dated 21.08.2020 and there\n\nis likelihood to drop further proceedings, as the petitioner did not\n\ncommit any irregularity.It is further submitted that, the second respondent, who is\n\nhead of the third respondent committee has issued letter vide\n\nRC No.5424/2020/Admn-2 dated 09.08.2020 with list of eligible\n\nForest Range Officers (FROs) for appointment by promotion to the\n\ncadre of Assistant Conservator of Forest (ACF) seeking information\n\nfrom divisional heads of the forest department, wherein, the name of\n\nthe petitioner is in Serial No.11 was not included in the eligible\n\nofficer list for various reasons. Hence, the name of the petitioner is\n MSM,J\n W.P No.15201 of 20203not likely to be considered for promotion to the post of Assistant\n\nConservator of Forest.On 27.08.2020, the Departmental Promotion Committee\n\nscheduled a meeting for considering names of suitable Forest Range\n\nOfficers to the post of Assistant Conservator of Forests. But, as the\n\nDepartmental Promotion Committee (DPC) is likely to meet shortly,\n\nand contended that, pendency of disciplinary enquiry is not a bar for\n\npromotion, but, the name of the petitioner is likely not to be\n\nconsidered and requested to issue a direction as stated supra.During hearing, Sri E. Sambasiva Pratap, learned counsel for\n\nthe petitioner while contending that initiation of disciplinary\n\nproceedings is not a bar to promote the petitioner and that too,\n\nsimilar cases were considered by the department vide orders in\n\nG.O.Rt.No.1427 General Administration (SC.C) Department dated\n\n29.06.2018, as the officers were promoted, subject to result of the\n\nproceedings, the same procedure can be adopted even in the case of\n\nthis petitioner and requested to issue a direction as stated above.Whereas, Sri Aswartha Narayana, learned Government Pleader\n\nfor Services submitted the candidature of the petitioner will be\n\nconsidered only subject to G.O.Ms.No.257 General Administration\n\n(SER.C) Department dated 10.06.1999 and requested to issue a\n\ndirection to the department for promotions committee to consider the\n\ncase of this petitioner in terms of G.O.Ms.No.257 General\n\nAdministration (SER.C) Department dated 10.06.1999.Admittedly, charges were served on the petitioner after\n\ninitiation of disciplinary proceedings and it is pending for\n\nconsideration after submission of the explanation to the charges on\n\nthis petitioner. Similarly, the name of this petitioner is appearing at\n MSM,J\n W.P No.15201 of 20204Serial No.11 in the list prepared for promotion by the committee.\n\nBut, on account of pendency of disciplinary proceedings, promotion\n\ncannot be denied, since it is not a bar. However, promotion is not a\n\nmatter of right, but the case of the petitioner for promotion can be\n\nconsidered. At best, the petitioner may request the Court to issue a\n\ndirection to consider his candidature for promotion.In any view of the matter, the Government after careful\n\nconsideration of similar cases, issued G.O.Ms.No.257 General\n\nAdministration (SER.C) Department dated 10.06.1999 prescribing\n\ncertain guidelines for consideration of employees during pendency of\n\nthe departmental proceedings and they are as follows:1. The details of employees in the zone of consideration for\n promotion falling under the following categories should be\n specifically brought to the notice of the Departmental\n Promotion Committees or Screening Committees:-(i) Officers under suspension;(ii) Officers in respect of whom a charge sheet has been issued and\n the disciplinary proceedings are\n pending;(iii) Officers in respect of whom prosecution for a criminal charge is\n pending.2. Officers who are facing enquiry, trial or investigation can be\n categorised into the following groups based on the nature of\n the allegations of charges pending against them or about to be\n instituted namely:-(i) an officer with a clean record, the nature of charges or allegations\n against whom relate to minor\n lapses having no bearing on his integrity or efficiency, which even if\n held proved, would not stand\n in the way of his being promoted;(ii) an officer whose record is such that he would not be promoted,\n irrespective of the allegations or\n charges under enquiry, trial or investigation; and(iii) an officer whose record is such that he would have been promoted\n had he not been facing enquiry,\n trial or investigation, in respect of charges which, if held proved,\n would be sufficient to supersede\n him.3. The suitability of the officers for inclusion in the panel\n should be considered on an overall assessment based on the\n record which should include namely:-MSM,J\n W.P No.15201 of 20205(i) Adverse remarks recorded in the Annual Confidential reports, the\n penalties awarded and the bad reputation of the officer as vouchsafed\n by the Head of the Department and the Secretary to\n Government of the Department concerned; The above cases should be\n considered as falling under category (ii) of item (B) above.(ii) The officers who do not have any adverse entry in the Annual\n Confidential Report, and who have no penalties awarded against\n them in the entire duration of the post and not merely in the past five\n years and whose reputation is vouchsafed by the Head of the\n Department and Secretary to Government of the Department\n concerned should be considered as falling under category (iii) of item\n (B) above The officers categorised as under item (iii) of G.O.Ms.No.424,\n GA (Ser.C) Dept., dated 25-05-76 as mentioned above only should be\n considered for adhoc promotion after completion of two years from the\n date of the Departmental Promotion committee or Screening committee\n Meeting in which their cases were considered for the first time.In C.O. Arumugam and others v. State of Tamil Nadu1, the\n\nApex Court held as follows:"5. As to the merits of the matter, it is necessary to state\n that every civil servants has a right to have his case\n considered for promotion according to his turn and it is a\n guarantee flowing from Articles 14 and 16(1) of the\n Constitution. The consideration of promotion could be\n postponed only on reasonable grounds. To avoid\n arbitrariness, it would be better to follow certain\n uniform principles. The promotion of persons against\n whom charge has been framed in the disciplinary\n proceedings or charge-sheet has been filed in criminal\n case may be deferred till the proceedings are\n concluded. They must, however, be considered for\n promotion if they are exonerated or acquitted from the\n charges. If found suitable, they shall then be given the\n promotion with retrospective effect from the date on which\n their juniors were promoted."In New Bank of India v. N.P. Sehgaland another2, the\n\nSupreme Court held as follows:"7. On a plain reading of this clause it is clear that even if\n disciplinary action is in process against an officer of the\n appellant Bank, that would not entitle the appellant Bank\n to exclude from consideration for promotion the officer\n concerned if he is otherwise entitled to be so considered.\n The only right given to the appellant in such cases is that,\n in case such an officer is otherwise found fit for\n promotion and selected for promotion, that promotion\n can be withheld until the officer is exonerated from the\n charges. It is significant that the said clause goes to state\n that in case such an officer is exonerated from the\n charges, promotion will have to be given effect to from\n the date on which it would have been otherwise effective\n but for the disciplinary action. This rule gives rise to\n the implication that till disciplinary action is in\n process or initiated, the officer concerned, against11991 Supp (2) SCC 1992(1991) 2 SCC 220\n MSM,J\n W.P No.15201 of 20206whom allegations of misconduct might be made,\n can neither be excluded from consideration for\n promotion if he is entitled to be considered\n otherwise nor can the promotion be denied to him.\n In these circumstances, when the promotion from Scale\n II to Scale III was granted to respondent 1 on July 17,\n 1984, there could be no question of condonation of\n the earlier acts of misconduct by reason of this\n promotion because in law and in view of the said clause\n (9) the appellant had no option but to consider\n respondent 1 for promotion and if he was otherwise\n found fit for promotion to promote him. In view of this\n conclusion, it must follow that the charge sheet\n submitted against respondent 1 and the disciplinary\n proceedings pursuant to the said charge sheet cannot be\n said to be bad in law and cannot be interfered with on the\n ground of condonation. In our view, the courts below\n were in error in holding that the earlier alleged acts of\n misconduct of respondent 1 had been condoned by the\n appellant and basing their conclusions thereon."In Union of India v. K.V. Janakiramanand others3, the\n\nSupreme Court observed that, the sealed cover procedure is to be\n\nresorted to only after the charge memo/charge sheet is issued and\n\nheld as follows:".........The sealed cover procedure is to be resorted to\n only after the charge-memo/charge-sheet is issued.\n The pendency of preliminary investigation prior to that\n stage will not be sufficient to enable the authorities to\n adopt the sealed cover procedure. We are in agreement\n with the Tribunal on this point......."The law laid down by the Supreme Court in the above\n\njudgments was followed in A. Jalender Reddy, s/o Sathi v. The\n\nState of Telangana4, wherein, the learned single Judge of High\n\nCourt of Telangana held that, "normally, pendency or contemplated\n\ninitiation of disciplinary proceedings against a candidate must be\n\nconsidered to have absolutely no impact upon his right to be\n\nconsidered. If the departmental enquiry had reached the stage of\n\nframing of charges after a prima facie case has been made out, the\n\nnormal procedure followed as mentioned by the Tribunal was 'sealed\n\ncover' procedure but if the disciplinary proceedings had not reached3(1991) 4 SCC 10942017 (4) ALT 225\n MSM,J\n W.P No.15201 of 20207that stage of framing of the charge after prima facie case is\n\nestablished the consideration for the promotion to a higher or\n\nselection grade cannot be withheld merely on the ground of pendency\n\nof such disciplinary proceedings." The same principle was reiterated\n\ninMeer Mubhashir Ali vs. The State of Telangana5.Therefore, by following the principles laid down in the\n\njudgments coupled with Government Order referred above, I find that\n\nit is a fit case to issue a direction to consider the candidature of the\n\npetitioner for promotion, and directed to follow sealed cover\n\nprocedure.In view of these guidelines in G.O.Ms.No.257 General\n\nAdministration (SER.C) Department dated 10.06.1999, the\n\ndepartments including the respondents/ departments herein are\n\nbound to adhere to the guidelines and pass appropriate orders. On\n\nthe other hand, similar case was considered by the department for\n\npromotional committee and issued G.O.Rt.No.1427 General\n\nAdministration (SC.C.) Department dated 29.06.2018. Keeping in\n\nmind G.O.Rt.No.1427 General Administration (SC.C.) Department\n\ndated 29.06.2018 and G.O.Ms.No.257 General Administration\n\n(SER.C) Department dated 10.06.1999, the Departmental Promotion\n\nCommittee i.e. the third respondent is directed to take appropriate\n\naction while considering the candidature of this petitioner for\n\npromotion in terms of G.O.Ms.No.257 General Administration\n\n(SER.C) Department dated 10.06.1999 and the earlier order passed\n\nby the Government in G.O.Rt.No.1427 General Administration\n\n(SC.C.) Department dated 29.06.2018. Learned counsel for the\n\npetitioner and learned Government Pleader for Services-I are52018 (4) ALT 413\n MSM,J\n W.P No.15201 of 20208permitted to communicate this order by telephone to the\n\nDepartmental Promotion Committee immediately. No costs.With the above direction, the writ petition is disposed of.\n\n Consequently, miscellaneous petitions pending, if any, shall\n\nalso stand closed._________________________________________\n JUSTICE M. SATYANARAYANA MURTHY\nDate:31.08.2020\n\nsp

e6240c62-e7ce-53c1-ad90-b8eb6df990ab

court_cases

Rajasthan High CourtState Of Rajasthan vs Shahbaz Hussain @ Shahbaz Ahmed @ Shanu ... on 31 August, 2022Bench:Pankaj Bhandari,Sameer JainHIGH COURT OF JUDICATURE FOR RAJASTHAN\n BENCH AT JAIPUR\n\n D.B. Criminal Death Reference No. 1/2020\n\nState Of Rajasthan\n ----Petitioner\n Versus\nMohd.salman S/o Shakeel Ahmed\n ----RespondentConnected With\n D.B. Criminal Death Reference No. 2/2020\nState Of Rajasthan----Petitioner\n Versus\nSaifur @ Saifur Rehman Ansari S/o Abdul Rehman Ansari----Respondent\n D.B. Criminal Death Reference No. 3/2020\nState Of Rajasthan----Petitioner\n Versus\nMohd. Sarvar Azmi @ Rajhans Yadav S/o Mohammad Hanif\nAhmed----Respondent\n D.B. Criminal Death Reference No. 4/2020\nState Of Rajasthan----Petitioner\n Versus\nMohd. Saif @ Karian S/o Shadab Ahmed----Respondent\n D.B. Criminal Leave To Appeal No. 143/2020\nState Of Rajasthan----Petitioner\n Versus\nShahbaz Hussain @ Shahbaz Ahmed @ Shanu S/o Shri Mumtaz\nAhmad----Respondent\n D.B. Criminal Leave To Appeal No. 144/2020\nState Of Rajasthan----Petitioner\n Versus\nShahbaz Hussain @ Shahbaz Ahmed @ Shanu S/o Shri Mumtaz\nAhmad----Respondent(Downloaded on 07/09/2022 at 11:25:26 PM)(2 of 5) [CRLDR-1/2020]\n\n\n D.B. Criminal Leave To Appeal No. 145/2020\nState Of Rajasthan----Petitioner\n Versus\nShahbaz Hussain @ Shahbaz Ahmed @ Shanu S/o Shri Mumtaz\nAhmad----Respondent\n D.B. Criminal Leave To Appeal No. 146/2020\nState Of Rajasthan----Petitioner\n Versus\nShahbaz Hussain @ Shahbaz Ahmed @ Shanu S/o Shri Mumtaz\nAhmad----Respondent\n D.B. Criminal Leave To Appeal No. 147/2020\nState Of Rajasthan----Petitioner\n Versus\nShahbaz Hussain @ Shahbaz Ahmed @ Shanu S/o Shri Mumtaz\nAhmad----Respondent\n D.B. Criminal Leave To Appeal No. 148/2020\nState Of Rajasthan----Petitioner\n Versus\nShahbaz Hussain @ Shahbaz Ahmed @ Shanu S/o Shri Mumtaz\nAhmad----Respondent\n D.B. Criminal Leave To Appeal No. 149/2020\nState Of Rajasthan----Petitioner\n Versus\nShahbaz Hussain @ Shahbaz Ahmed @ Shanu S/o Shri Mumtaz\nAhmad----Respondent\n D.B. Criminal Leave To Appeal No. 150/2020\nState Of Rajasthan----Petitioner\n Versus\nShahbaz Hussain @ Shahbaz Ahmed @ Shanu S/o Shri Mumtaz\nAhmad----Respondent\n D.B. Criminal Appeal (Db) No. 106/2021(Downloaded on 07/09/2022 at 11:25:26 PM)(3 of 5) [CRLDR-1/2020]\n\n\nMohd. Saif @ Karian S/o Shadab Ahmed----Petitioner\n Versus\nState Of Rajasthan----Respondent\n D.B. Criminal Appeal (Db) No. 107/2021\nMohd. Sarvar Azmi S/o Mohd. Haneef----Petitioner\n Versus\nState Of Rajasthan----Respondent\n D.B. Criminal Appeal (Db) No. 21/2022\nMohd. Saif @ Karian S/o Shadab Ahmed----Petitioner\n Versus\nState Of Rajasthan----Respondent\n D.B. Criminal Appeal (Db) No. 56/2022\nMohd. Salman S/o Shakeel Ahmad----Petitioner\n Versus\nState Of Rajasthan----Respondent\n D.B. Criminal Appeal (Db) No. 96/2022\nMohd. Saif @ Karian S/o Shadab Ahmed----Petitioner\n Versus\nState Of Rajasthan----Respondent\n D.B. Criminal Appeal (Db) No. 208/2022\nSaifurrehman Ansari S/o Abdul Rehman Ansari----Petitioner\n Versus\nState Of Rajasthan----Respondent\n D.B. Criminal Appeal (Db) No. 209/2022\nSaifurrehman Ansari S/o Abdul Rehman Ansari----Petitioner\n Versus\nState Of Rajasthan----Respondent(Downloaded on 07/09/2022 at 11:25:26 PM)(4 of 5) [CRLDR-1/2020]\n\n\n D.B. Criminal Appeal (Db) No. 210/2022\nMohammed Sarvar Azmi @ Rajhansh Yadav S/o Shri Mohammed\nHanif----Petitioner\n Versus\nState Of Rajasthan----Respondent\n D.B. Criminal Appeal (Db) No. 211/2022\nSaifurrehman Ansari S/o Abdul Rehman Ansari----Petitioner\n Versus\nState Of Rajasthan----Respondent\n D.B. Criminal Appeal (Db) No. 212/2022\nSaifurrehman Ansari S/o Abdul Rehman Ansari----Petitioner\n Versus\nState Of Rajasthan----Respondent\n D.B. Criminal Appeal (Db) No. 213/2022\nSaifurrehman Ansari S/o Abdul Rehman Ansari----Petitioner\n Versus\nState Of Rajasthan----Respondent\n D.B. Criminal Appeal (Db) No. 214/2022\nSaifurrehman Ansari S/o Abdul Rehman Ansari----Petitioner\n Versus\nState Of Rajasthan----Respondent\n D.B. Criminal Appeal (Db) No. 215/2022\nSaifurrehman Ansari S/o Abdul Rehman Ansari----Petitioner\n Versus\nState Of Rajasthan----Respondent\n D.B. Criminal Appeal (Db) No. 216/2022\nSaifur @ Saifur Rehman Ansari S/o Abdul Rehman Ansari----Petitioner\n Versus\nState Of Rajasthan(Downloaded on 07/09/2022 at 11:25:26 PM)(5 of 5) [CRLDR-1/2020]----Respondent\n D.B. Criminal Appeal (Db) No. 217/2022\n Mohd. Sarvar Azmi, S/o Mohd. Haneef----Petitioner\n Versus\n State Of Rajasthan----Respondent\n\n\n For State(s) : Ms. Rekha Madnani, Additional\n Government Advocate\n For Respondent(s) : Ms. Nitya Rama Krishanan, Sr.\n Advocate with\n Mr. Shivam Sharma, Adv.\n Mr. Vibhor Jain, Adv.\n Ms. Seema Mishra, Adv.\n Mr. Aswath Sitaraman, Adv.\n Mr. Ashwani Kumar Sharma, Adv.\n Ms. Stuti Roy, Adv.\n Mr. Mayank Sapra, Adv.\n Mr. Raghav Tankha, Adv.\n Ms. Deeksha, Adv.Mr. Siddarth Satija, Adv.\n Mr. Mujahid Ahmed, Adv.\n (all through VC)\n Mr. Syed Saadat Ali, Adv.HON'BLE MR. JUSTICE PANKAJ BHANDARI\n HON'BLE MR. JUSTICE SAMEER JAIN\n\n Order\n\n 31/08/2022\n\n List all appeals and death references on 06.09.2022, at\n\n 12.00 PM.(SAMEER JAIN),J (PANKAJ BHANDARI),J\n\n Pooja /89-115(Downloaded on 07/09/2022 at 11:25:26 PM)Powered by TCPDF (www.tcpdf.org)

d165850c-540b-554b-b7ac-6b2a71bac807

court_cases

Calcutta High Court (Appellete Side)Nargis Akter & Anr vs Unknown on 6 May, 2022Author:Bibek ChaudhuriBench:Bibek Chaudhuri06.05.2022Sl. No. 02Srimanta\n Ct.No.42\n\n CRM (SB)/62/2022\n\n (Via Video Conference)\n\n In Re : An application underSection 439of the Code of Criminal\n Procedure, 1973 in connection with Swarupnagar Police Station Case\n No. 241/2022 dated 17.03.2022 underSection 14/14Cof the\n Foreigners Act, 1946.In the matter of : Nargis Akter & Anr....Petitioners.Mr. Ali Ahsan Alamgir, Adv.,\n Mr. A. Haque Molla, Adv.,\n Ms. Riya Das, Adv,\n Ms. Rabia Khatoon, Adv....for the petitioners.Md. Anwar Hossain, Adv.,\n Ms. Sreyashee Biswas, Adv....for the State.The Learned Advocate for the State/opposite party has filed a\n report of the Investigating Officer as per order dated 4 th May, 2022\n and the same be kept with the record.It is found from the report that the Aadhar Card and PAN Card\n of the petitioners were verified through the official portals and the\n said documents were found to be genuine. However, the Learned\n Public Prosecutor-in-Charge has raised objection against the prayer\n for bail of the petitioners on the ground that from the report\n submitted by the local Councillor as well as Panchayat Pradhan it\n appears that the petitioners never resided in the address given in the\n Voters Identity Card and the Aadhar Card. Moreover, it has not been\n explained by the petitioners as to why two different addresses were\n given in the aforesaid two documents. The local Councillor and the\n local Panchayat Pradhan clearly stated in their report that the\n petitioners do not reside in the addresses given in their Voter Card2and/or Aadhar Card. It is also submitted by the Learned Public\nProsecutor-in-Charge that the Investigating Officer conducted a spot\nenquiry but nobody was found in the given address of the petitioners\nto ascertain as to whether they used to reside in the said address or\nnot.Having heard the Learned Advocates for the parties this Court\nis of the view that the questions as regards of the citizenship of this\nCountry cannot be raised on the ground of the petitioners'\nresidence. The petitioners may not reside in the given address in\nVoters Identification Card or Aadhar Card. There may not be any\nfamily member of the petitioners residing in the said address. But\nprima facie absence from the residential address does not prove that\nthey are not the citizens of India. Needless to say that the Indian\ncitizenship is governed by the provisions contained in the\nConstitution of India as to the citizenship and theCitizenship\nAmendment Act, 2019. No Tribunal has been set up in this country\nfor ascertaining citizenship of a particular person. The enquiry as to\nwhether a person is a citizen of this Country or not is under halt due\nto political differences and different stand taken by the political\nexecutives over this matter.The judiciary cannot help it but to act upon the documents\nwhich are generally issued to the citizens of this Country to\nascertain as to whether a person is a citizen of this Country or not.\nConsidering such documents, viz., Epic Card, Aadhar Card, PAN\nCard etc. the Court, prima facie, finds that the petitioners have\nbeen able to prove their citizenship and accordingly they are\nentitled to bail. The petitioner may find bail of Rs.10,000/- (Rupees\nTen Thousand) with one surety each to the satisfaction of the\nLearned Additional Chief Judicial Magistrate, Basirhat with further\ncondition that if on bail they shall attend the Officer-in-Charge of\nSwarupnagar Police Station once in a month till the date of\nsubmission of charge-sheet.3It is made clear that the observation made by this Court with\nregard to the citizenship of the petitioners is absolutely tentative\nand for the purpose of consideration of their application for bail.\nThe Learned Trial Judge shall not be influenced or swayed over any\nof the findings in this regard made by this Court at the time of trial.Personal appearance of the Investigating Officer be waived.( Bibek Chaudhuri, J. )

039939f1-8bd5-5662-b2fc-aab1126d66d8

court_cases

Orissa High CourtWP(C)/6829/2020 on 2 March, 2020W.P.(C) No.6829 of 2020\n\n\n\n\n2. 2.03.2020 Heard learned counsel for the parties.\n Considering the limited nature of request involved in\n this matter, this Writ Petition stands disposed of with a\n direction to the Executive Engineer, Rengali Dam Division,\n Rengali, Dist.-Angul- opposite party no.4 to consider the\n representation at the instance of the petitioner vide\n Annexure-6 and take a lawful decision thereon taking into\n account the grounds stated in this Writ Petition as well as\n the documents appended therein and also giving\n opportunity of hearing to the petitioner, within a period of\n one & half months from the date of communication of a\n certified copy of this order alongwith a copy of the brief by\n the petitioner.\n Issue urgent certified copy on proper application.\n\n\n\n ..............................(Biswanath Rath, J.)\n\n\nAyas

e3924c51-9c6a-532c-8fdf-95be01081f34

court_cases

Punjab-Haryana High CourtConstable Major Singh vs State Of Punjab And Others on 19 September, 2022Author:Jaishree ThakurBench:Jaishree ThakurCWP No. 1756 of 2019 1\n\n\n IN THE HIGH COURT OF PUNJAB AND HARYANA AT\n CHANDIGARH\n\n\n CWP No. 1756 of 2019 (O&M)\n Reserved on September 1, 2022\n Date of Pronouncement: September 19, 2022\n\n\nConstable Major Singh\n ...Petitioner\n Versus\n\nState of Punjab and others\n ...Respondents\n\nCORAM:- HON'BLE MS. JUSTICE JAISHREE THAKUR\n\nPresent:- Mr. Dheeraj Chawla, Advocate\n for the petitioner.\n\n Mr. APS Tung, DAG, Punjab.\n\nJAISHREE THAKUR, J.1. The petitioner herein by way of instant writ petition seeks\n\nquashing of the impugned order dated 31.8.2017 (Annexure P/3) and\n\nsubsequent order dated 19.9.2017(Annexure P/4) passed by respondent No.\n\n3, whereby the post dismissal period from 31.12.1992 to 13.3.2017 has been\n\ntreated as 'No Work No Pay' period, with a further prayer to set aside the\n\norder dated 21.9.2018 (Annexure P/6)) whereby the appeal preferred by the\n\npetitioner against both the orders has been rejected.2. The facts in brief giving rise to the present writ petition are that\n\nthe petitioner was appointed as Constable on 26.5.1990 on permanent basis\n\nand was allotted No. 2729-TT. It is averred that he was blessed with a son,\n\nwho fell ill at the time of his birth and therefore, he had to suddenly go to\n\nhis home to attend his ailing son and accordingly he informed his superiors\n\n\n\n\n 1 of 18::: Downloaded on - 23-09-2022 03:38:39 :::CWP No. 1756 of 2019 2in this regard. Unfortunately his son did not survive. However, to his utter\n\nsurprise, his leave was not sanctioned and he was treated as absent from\n\nduty from 26.9.1992 to 16.10.1992 (20 days), 25.10.1992 to 28.10.1992 (3\n\ndays), 9.11.1992 to 16.11.1992 (7 days) and 21.11.1992 to 28.11.1992 (7\n\ndays), vide order Book No. 1123/92 and while invokingArticle 311 (2)of\n\nthe Constitution of India, respondent No.3, dismissed him from service\n\nwithout holding any inquiry, vide order dated 31.12.1992. The main basis\n\nfor dismissal from service was that the petitioner had close links with\n\nextremists and he was helping them by providing information of the police\n\ndepartment. Aggrieved against the order of dismissal, the petitioner filed\n\nCivil Writ Petition No. 6406 of 1994 in this Court, which was allowed on\n\n16.12.2016. However, the respondents were given liberty to hold a\n\ndepartmental inquiry against the petitioner by affording him reasonable\n\nopportunity of being heard.In compliance with the order dated 16.12.2016, the petitioner\n\nwas reinstated on 13.3.2017, subject to outcome of the fresh departmental\n\ninquiry. During the regular departmental inquiry, the charges of having\n\nlinks of the petitioner with the terrorists and leakage of information was not\n\nproved but the absence from duty from 21.11.1992 to 28.11.1992 was\n\nproved and as such the respondent No.3, passed the impugned order dated\n\n31.8.2017 (Annexure /3). Relevant portion of the said order reads as under:-"One (1) year of approved service be forfeited permanently for\n pay/promotion and effect of which will be on his future pay\n fixation/promotion. His absence from duty w.e.f. 21.11.1992 to\n 28.11.1992 in total 7 days is ordered to be treated as "No\n\n\n\n\n 2 of 18::: Downloaded on - 23-09-2022 03:38:40 :::CWP No. 1756 of 2019 3Work No Pay" and the period after his dismissal is also\n ordered to be treated as "No Work No Pay" for the reason that\n he has not rendered any Government Duty during this span of\n time.Apart from that, as per his record, his absence from duty\n period prior to dismissal i.e. 26.9.1992 to 16.10.1992 (20\n days), 25.10.1992 to 28.10.1992 (3 days) vide order book No.\n 1123/92 and 09.11.1992 to 16.11.1992 (7 days), has already\n been treated as 'No Work No Pay'."3. Apart from the above period of absence for which the petitioner\n\nwas penalized by treating the same as 'No Work No Pay' period, respondent\n\nNo.3, vide order dated 19.9.2017 (Annexure P/4), ordered that the period\n\npost dismissal i.e. from 31.12.1992 till 13.3.2017 (when he was reinstated),\n\ntotal 24 years 2 month and 14 days, be treated as 'No Work No Pay' on the\n\nground that the petitioner had not rendered any government duty and re-\n\nfixed his pay accordingly.Aggrieved against the orders dated 31.8.2017 and 19.9.2017,\n\nthe petitioner filed an appeal/supplementary appeal before the Inspector\n\nGeneral of Police, Border Range, Amritsar, but the same was rejected, vide\n\norder dated 21.9.2018. Hence the present writ petition.4. Learned counsel for the petitioner herein would vehemently\n\nargue that the impugned orders dated 31.8.2017 and 19.9.2017 are\n\nabsolutely illegal, arbitrary and not sustainable in the eyes of law. It is\n\nsubmitted that once the dismissal order had been quashed by this Court,\n\nthen the question of treating the post dismissal period from 31.12.1992 till\n\n13.3.2017 as 'No Work No Pay' period on the ground that the petitioner did\n\n\n\n\n 3 of 18::: Downloaded on - 23-09-2022 03:38:40 :::CWP No. 1756 of 2019 4not render any government duty, does not arise and the same is arbitrary and\n\ncannot be sustained. Learned counsel would rely on Rule 7.3 of the Punjab\n\nCivil Services Rules, Vol. I, Part I, Chapter VII to contend that once a\n\ngovernment employee who has been dismissed, removed, compulsorily\n\nretired or suspended, is reinstated upon having been fully exonerated, then\n\nhe shall be given full pay and allowances to which he would have been\n\nentitled to had he not been dismissed, removed, compulsorily retired or\n\nsuspended, as the case may be. It is further submitted that by the impugned\n\norders, the petitioner has been made to suffer double jeopardy because on\n\nthe one hand his one year of approved service has been ordered to be\n\nforfeited permanently for pay and promotion while treating the absence\n\nperiod as 'No Work No Pay' period and still further the post dismissal period\n\nhas been ordered to be treated as 'No Work No Pay' period. It is further\n\nsubmitted that the penalty imposed upon the petitioner is disproportionate to\n\nthe alleged wrong committed by him. In support of his contentions, the\n\nlearned counsel would rely on the judgments in Housing Board, Haryana\n\nVersus Sh. S.B. Kumar, Asstt. Engineer and another 2012 (1) S.C.T.\n\n613, M.P. Jindal Versus State Bank of Patiala and Ors. 2013 (2) SLR\n\n251, Manjit Kumar @ Goldi Versus State of Punjab and others 2017\n\n(4) PLR 110, Satyapal @ Satpal Versus State of Haryana and others\n\n2018 (3) S.C.T. 109.5. Per contra, learned counsel for the respondents--Sate\n\nwould submit that the petitioner remained on leave without prior sanction of\n\nthe competent authority. It is submitted that absence without permission is a\n\n\n\n\n 4 of 18::: Downloaded on - 23-09-2022 03:38:40 :::CWP No. 1756 of 2019 5gravest misconduct in the disciplined force. During the departmental\n\ninquiry, the petitioner could not justify his absence from duty and in case\n\nthe petitioner had any domestic problem, then he should have got his leave\n\nsanctioned from the competent authority, but he failed to do so. Therefore,\n\nno interference is called for in the instant writ petition.6. I have heard learned counsel for the parties and have gone\n\nthrough the paper book as well as the law cited.7. Primarily, the petitioner has raised three-fold arguments.\n\nFirstly, that once the punishing authority, after holding a departmental\n\ninquiry, has imposed the punishment of forfeiture of one year approved\n\nservice permanently for pay/promotion, then his absent period from\n\n21.11.1992 to 28.11.1992 and the period post dismissal i.e. 31.12.1992 to\n\n13.03.2017 cannot be treated as 'No Work No Pay' period; secondly Rule\n\n7.3 of the Punjab Civil Services Rules, Vol. I, Part I, Chapter VII provides\n\nthat once a government employee who has been dismissed, removed,\n\ncompulsorily retired or suspended, is reinstated upon having been fully\n\nexonerated, then he shall be given full pay and allowances to which he\n\nwould have been entitled to, had he not been dismissed, removed,\n\ncompulsorily retired or suspended, as the case may be and; thirdly, that the\n\npenalty imposed upon the petitioner is disproportionate to the alleged wrong\n\ncommitted by him.In view of the submissions made by both the parties, the sole\n\nquestion that falls for consideration before this Court is, whether the\n\npetitioner could be denied his full pay and allowances for the period in\n\n\n\n\n 5 of 18::: Downloaded on - 23-09-2022 03:38:40 :::CWP No. 1756 of 2019 6question i.e. from the date (31.12.1992) of dismissal till the date (13.3.2017)\n\nof his re-instatement in service, by treating the said period as 'No Work No\n\nPay' period?8. In order to decide the question so framed, at the first instance, it\n\nhas to be decided whether the petitioner could be held responsible for not\n\nperforming the duties during the period wages have been denied to him by\n\ntreating the absent period as 'No work No Pay' period, or what were\n\ncircumstances which led to his absence from duty during the period in\n\nquestion or the fault, if any, which is attributable to the petitioner for not\n\nattending his duties.9. Admittedly, after quashing of the dismissal order of the\n\npetitioner by this Court in writ petition, a regular departmental inquiry was\n\nheld against him, in which it was held that the charges of his links with\n\nterrorists and leakage of information to the terrorists was not proved but his\n\nabsence from duty at the Police Station Vairowal w.e.f. 21.11.1992 to\n\n28.11.1992 was proved. Thereafter, a show cause notice was served to the\n\npetitioner along with the inquiry report to which he submitted a reply. After\n\nconsidering the inquiry report and the reply of the petitioner, the punishing\n\nauthority, vide order dated 31.8.2017, ordered forfeiture of one year\n\napproved service permanently for pay/promotion, effect of which will be on\n\nhis future pay fixation/promotion. His period of absence from duty w.e.f.\n\n21.11.1992 to 28.11.1992 (total 7 days) was ordered to be treated as 'No\n\nWork No Pay' period and the period after his dismissal was also ordered to\n\nbe treated as 'No Work No Pay' for the reason that he had not rendered any\n\n\n\n\n 6 of 18::: Downloaded on - 23-09-2022 03:38:40 :::CWP No. 1756 of 2019 7government duty during this span of time. The concluding paragraph of the\n\nimpugned order dated 31.8.2017 reads as under:-"After that, the delinquent employee appeared in person in my\n office and repeated his stand put forth in his reply to the Show\n Cause Notice. I do not accept his stand as such confirm the\n proposed punishment already mentioned in Show Cause\n Notice. I hereby order to that one (1) year of approved service\n be forfeited permanently for pay/promotion and effect of which\n will be on his future pay fixation/promotion. His absence from\n duty w.e.f. 21.11.1992 to 28.11.1992 in total 7 days is ordered\n to be treated as 'No Work No Pay' and the period after his\n dismissal is also ordered to be treated as "No Work No Pay"for the reason that he has not rendered any government duty\n during this span of time.Apart from that, as per his record, his absence from duty\n period prior to dismissal i.e. 26.9.1992 to 16.10.1992 (20\n days), 25.10.1992 to 28.10.1992 (3 days) vide order book no.\n 1123/92 and 09.11.1992 to 16.11.1992 (7 days), has already\n been treated as "No Work No Pay".As already noticed, the petitioner filed an appeal/supplementary appeal\n\nagainst the orders dated 31.8.2017 and 19.9.2017 before the Inspector\n\nGeneral of Police, Border Range, Amritsar, who while rejecting the same\n\nobserved as under:-"6. After carefully going through the appeal/supplementary\n appeal, comments thereon offered by SSP/Tarn Taran,\n examining the departmental enquiry file, punishment order,\n pay fixation order and the entire relevant record, the appellant\n Constable Major Singh No. 2729/TTN (Now 1020/TTN), were\n also called to office for personnel hearing. During personnel\n hearing, he reiterated the submissions made in his\n\n\n\n\n 7 of 18::: Downloaded on - 23-09-2022 03:38:40 :::CWP No. 1756 of 2019 8appeal/supplementary appeal.7. Upon hearing the appellant personally and on\n examination of the record, it has been found that the\n submissions made by the appellant in his\n appeal/supplementary appeal are not reasonable/acceptable,\n since he was awarded punishment of dismissal from service by\n the punishing authority (the then SSP/Tarn Taran), in view of\n his gravest act of misconduct/activities, pre-judicial to the\n efficient functioning of the police force, during the year 1992.\n The then misconduct of the appellant further led to protracted\n litigation, almost for a long period of 23 years as well as\n wastage of various resources of the police department. In\n compliance with the orders dated 16.12.2016 passed by the\n Hon'ble High Court of Punjab & Haryana in CWP No.\n 6406/1994, the appellant has been reinstated in service by the\n punishing authority (SSP/Tarn Taran) vide his office order\n dated 10567-80/B dated 10.3.2017. On the basis of allegations\n of willful absence for 07 days w.e.f. 21.11.1992 to 28.11.1992\n while posted at PS Verowal, District Tarn Taran, which were\n proved during the departmental proceedings, the appellant has\n been awarded punishment of forfeiture of one year approved\n service towards annual increment with permanent effect by the\n punishing authority vide order No. 2347-51/PA dated\n 31.08.2017. Pay of the appellant has been fixed by SSP/Tarn\n Taran vide order No. 36933/B/CRC dated 19.09.2017, by\n depriving him of the annual increments for the year 1993 to\n 2016, since the appellant had not discharged any duties and\n had done no work during the relevant period, being out of\n service."From the reading of the above re-produced impugned orders, it is\n\nabundantly clear that the principle of 'No Work No Pay' has been applied\n\n\n\n\n 8 of 18::: Downloaded on - 23-09-2022 03:38:40 :::CWP No. 1756 of 2019 9only for the reason that the petitioner did not render any government duty\n\nduring the period in question. The appellate authority also took the view\n\nthat the misconduct of the petitioner led to protracted litigation almost for a\n\nlong period of 23 years as well as wastage of various resources of the police\n\ndepartment. So the question that arises is, whether the long period of 23\n\nyears is attributable to the petitioner? After dismissal of the petitioner from\n\nservice on 31.12.1992, he filed CWP No. 6406 of 1994 in this Court, which\n\nwas allowed on 16.12.2016 and his dismissal order was quashed, albeit\n\ngiving liberty to the respondents to hold a departmental inquiry against the\n\npetitioner. Consequently, the petitioner was reinstated on 13.3.2017, subject\n\nto the outcome of a fresh departmental inquiry. From the facts stated above,\n\nit is apparent that the petitioner has been continuously pursuing the legal\n\nremedy available to him in law and there has been no delay on his part.\n\nTherefore, it cannot be held that the petitioner ever refused to perform his\n\nduties. The reasoning given by the appellate authority that misconduct of\n\nthe appellant further led to protracted litigation, almost for a long period of\n\n23 years as well as wastage of various resources of the police department, is\n\nstrange enough, as if all the faults lie with the petitioner. In fact, the\n\npetitioner had been vigilant about his right and he had been pursuing his\n\nlegal remedy consistently. In fact, in the opinion of the Court if the\n\nconcerned authority has been circumspect/careful while issuing dismissal\n\norder at the first instance, the entire litigation would not have followed.\n\nThus, the petitioner can not be the cause of protracted litigation.10. At this stage, it will be appropriate to advert to Rule 7.3 of the\n\n\n\n\n 9 of 18::: Downloaded on - 23-09-2022 03:38:40 :::CWP No. 1756 of 2019 10Punjab Civil Services Rules, Vol. I, Part I, Chapter VII, which reads as\n\nunder:"7.3. (1) When a Government employee, who has been\n dismissed, removed or compulsorily retired, is reinstated as a\n result of appeal, revision or review, or would have been so\n reinstated but for his retirement on superannuation while\n under suspension or not, the authority competent to order\n reinstatement shall consider and make a specific order-(a) regarding the pay and allowances to be paid to the\n Government employee for the period of his absence from duty\n including the period of suspension, preceding his dismissal,\n removal or compulsory retirement, as the case may be; and (b)\n whether or not the said period shall be treated as a period\n spent on duty.(2) Where the authority competent to order re- instatement is of\n opinion that the Government employee, who had been\n dismissed, removed or compulsorily retired, has been fully\n exonerated, the Government employee shall, subject to the\n provisions of sub-rule (6), be paid his full pay and allowances\n to which he would have been entitled, had he not been\n dismissed, removed or compulsorily retired or suspended,\n prior to such dismissal, removal or compulsory retirement, as\n the case may be:Provided that where such authority is of opinion that the\n termination of the proceedings instituted against the\n Government employee had been delayed due to reasons\n directly attributable to the Government employee it may, after\n giving him an opportunity to make representation and after\n considering the representation, if any, submitted by him, direct,\n for reasons to be recorded in writing, that the Government\n employee shall, subject to the provisions of sub-rule (7), be10 of 18::: Downloaded on - 23-09-2022 03:38:40 :::CWP No. 1756 of 2019 11paid for the period of such delay only such amount (not being\n the whole) of pay and allowances, as it may determine. (3) In a\n case falling under sub-rule (2), the period of absence from duty\n including the period of suspension preceding dismissal,\n removal or compulsory retirement, as the case may be, shall be\n treated as a period spent on duty for all purposes. (4) In cases\n other than those covered by sub-rule (2) including cases where\n the order of dismissal, removal or compulsory retirement from\n service is set aside by the authority exercising powers of\n appeal, revision or review solely on the ground of\n noncompliance with the requirements of clause (2) ofarticle\n 311of the Constitution and no further inquiry is proposed to\n be held, the Government employee shall, subject to the\n provisions of sub-rules (6) and (7), be paid such amount (not\n being the whole) of pay and allowances to which he would\n have been entitled, had he not been dismissed, removed or\n compulsorily retired or suspended prior to such dismissal,\n removal or compulsory retirement, as the case may be, as the\n competent authority may determine, after giving notice to the\n government employee of the quantum proposed and after\n considering the representation, if any, submitted by him in that\n connection within such period as may be specified in the\n notice.Provided that any payment under this sub-rule to a\n Government employee other than a Government employee who\n is governed by the provisions of the payment of Wages Act,\n 1936 (Act 4 of 1936) shall be restricted to a period of three\n years immediately preceding the date on which order for re-\n instatement of such Government employee are passed by the\n authority exercising the powers of appeal, revision or review,\n or immediately preceding the date of retirement on\n superannuation of such Government employee, as the case\n\n\n\n\n 11 of 18::: Downloaded on - 23-09-2022 03:38:40 :::CWP No. 1756 of 2019 12may be.xxxx xxxx xxxx..."A bare reading of the provision would make it clear that once a Government\n\nemployee who has been dismissed, removed, compulsorily retired or\n\nsuspended, is re-instated upon having been fully exonerated, then he shall\n\nbe given full pay and allowances to which he would have been entitled to\n\nhad he not been dismissed, removed, compulsorily retired or suspended as\n\nthe case may be.11. In the facts of the present case, once the order of dismissal was\n\nquashed by this Court and the petitioner was reinstated in service, there is\n\nno justification or valid reasoning to deny him the service benefits for the\n\nperiod the petitioner remained out of service, by applying the principle of\n\n'No Work No Pay', particularly when it is not the case of the respondents\n\nthat the petitioner ever refused to perform his duty.12. Now coming to the legal position, insofar as application of the\n\nprinciple of 'No Work No Pay' is concerned, this Court in CWP-17952 of\n\n2012 tilted as'Kailash Chander Sharma Vs. State of Haryana and\n\nanother', decided on 13.10.2014 held that where the departmental\n\nproceedings were dropped by recording the fact that the charges were not\n\nproved, the denial of the consequential benefits of actual arrears of the\n\nsalary for the period the person remained out on the basis of 'no work no\n\npay' is arbitrary and cannot be sustained. The relevant paragraphs of the\n\njudgment, wherein, the law on the subject has been noticed while giving\n\nfinding, are as under: -12 of 18::: Downloaded on - 23-09-2022 03:38:40 :::CWP No. 1756 of 2019 13"7. The applicability of the rule of 'no work no pay' in a\n situation where departmental proceedings had been initiated\n against an employee, sealed cover procedure having been\n resorted to and such employee after exoneration having been\n promoted came up for consideration before Hon'ble Supreme\n Court of India inUnion of India v. K.V.Jankiraman, 1991(3)\n SCT 317 and it was held as under:"The normal rule of "no work no pay" is not applicable\n to cases such as the present one where the employee\n although he is willing to work is kept away from work by\n the authorities for no fault of his. This is not a case\n where the employee remains away from work for his own\n reasons, although the work is offered to him."It was further held that:".........We are, therefore, broadly in agreement with the\n finding of the Tribunal that when an employee is\n completely exonerated meaning thereby that he is not\n found blameworthy in the least and is not visited with the\n penalty even of censure, he has to be given the benefit of\n the salary of the higher post along with the other benefits\n from the date on which he would have normally been\n promoted but for the disciplinary/criminal proceedings."8. The Hon'ble Supreme Court inState of Kerala and others\n Vs. E.K.Bhaskaran Pillai, (2007) 6 Supreme Court Cases 524\n has held that principle of 'no work no pay' cannot be accepted\n as a rule of thumb and where Administration has wrongly\n denied his due, he should be given full benefits.The Hon'ble\n Supreme Court inE.K.Bhaskaran Pillai's case (supra) has laid\n down as under:-"So far as the situation with regard to monetary benefits\n with retrospective promotion is concerned, that depends\n upon case to case. There are various facets which have\n\n\n\n\n 13 of 18::: Downloaded on - 23-09-2022 03:38:40 :::CWP No. 1756 of 2019 14to be considered. Sometimes in a case of departmental\n enquiry or in criminal case it depends on the authorities\n to grant full back wages or 50 per cent of back wages\n looking to the nature of delinquency involved in the\n matter or in criminal cases where the incumbent has\n been acquitted by giving benefit of doubt or full\n acquittal. Sometimes in the matter when the person is\n superseded and he has challenged the same before court\n or tribunal and he succeeds in that and direction is given\n for reconsideration of his case from the date persons\n junior to him were appointed,in that casethe court may\n grant sometimes full benefits with retrospective effect\n and sometimes it may not. Particularly when the\n administration has wrongly denied his due thenin that\n casehe should be given full benefits including monetary\n benefit subject to there being any change in law or some\n other supervening factors. However, it is very difficult to\n set down any hard-and-fast rule. The principle "no work\n no pay" cannot be accepted as a rule of thumb. There\n are exceptions where courts have granted monetary\n benefits also."9. The Hon'ble Supreme Court in the matter ofThe\n Commissioner, Karnataka Housing Board v. C.Muddaiahreported as 2007(4) SCT 452 observed as under:"The matter can be looked at from another angle also. It\n is true that while granting a relief in favour of a party,\n the Court must consider the relevant provisions of law\n and issue appropriate directions keeping in view such\n provisions. There may, however, be cases where on the\n facts and in the circumstances, the Court may issue\n necessary directions in the larger interest of justice\n keeping in view the principles of justice, equity and good\n\n\n\n\n 14 of 18::: Downloaded on - 23-09-2022 03:38:40 :::CWP No. 1756 of 2019 15conscience. Take a case, where ex facie injustice has\n been meted out to an employee. In spite of the fact that\n he is entitled to certain benefits, they had not been given\n to him. His representations have been illegally and\n unjustifiably turned down. He finally approaches a\n Court of Law. The Court is convinced that gross\n injustice has been done to him and he was wrongfully,\n unfairly and with oblique motive deprived of those\n benefits. The Court, in the circumstances, directs the\n Authority to extend all benefits which he would have\n obtained had he not been illegally deprived of them. Is it\n open to the Authorities in such case to urge that as he\n has not worked (but held to be illegally deprived), he\n would not be granted the benefits? Upholding of such\n plea would amount to allowing a party to take undue\n advantage of his own wrong. It would perpetrate\n injustice rather than doing justice to the person\n wronged. We are conscious and mindful that even in\n absence of statutory provision, normal rule is 'no work\n no pay'. In appropriate cases, however, a Court of Law\n may, nay must, take into account all the facts in their\n entirety and pass an appropriate order in consonance\n with law. The Court, in a given case, may hold that the\n person was willing to work but was illegally and\n unlawfully not allowed to do so. The Court may, in the\n circumstances, direct the Authority to grant him all\n benefits considering 'as if he had worked'. It, therefore,\n cannot be contended as an absolute proposition of law\n that no direction of payment of consequential benefits\n can be granted by a Court of Law and if such directions\n are issued by a Court, the Authority can ignore them\n even if they had been finally confirmed by the Apex\n\n\n\n\n 15 of 18::: Downloaded on - 23-09-2022 03:38:40 :::CWP No. 1756 of 2019 16Court of the country (as has been done in the present\n case). The bald contention of the appellant - Board,\n therefore, has no substance and must be rejected."10. Adverting back to the facts of the present case, it has gone\n uncontroverted that departmental proceedings were initiated\n against the petitioner by issuance of a charge sheet in the year\n 1997. For no fault of the employee i.e. the present petitioner,\n such proceedings were kept pending and not finalized for a\n period of 13 long years. Finally, vide order dated 24.6.2010,\n Annexure P3, a categoric finding came to be recorded that the\n charge levelled against him is not established and as such, the\n disciplinary case was dropped. Relevant finding recorded in\n the order dated 24.6.2010 passed by the General Manager,\n Irrigation Department, Haryana reads in the following terms:"........On careful examination of the record, it does\n not establish at this stage that there was any back date\n entry any where in the Measurement Book. Therefore,\n the explanation given by the Sub Divisional Clerk\n seems to be tenable. This case was also considered at\n the Government level and on consideration\n Government decided to drop the disciplinary cases\n against the officers involved in the case. Record also\n reveals that the Junior Engineer who was also\n involved in this matter could not be charge sheeted\n because of his death. In such circumstances, when the\n officers who actually carried out the work and made\n entries and with whom the onus of the charges lies,\n have been exonerated after a thorough enquiry it will\n not be justifiable to punish a junior level staffer who\n just checked the entry arithmetically.Keeping in view all the facts and circumstances of this\n case the defence stated by the Sub Divisional Clerk\n\n\n\n\n 16 of 18::: Downloaded on - 23-09-2022 03:38:40 :::CWP No. 1756 of 2019 17during the course of hearing, it is concluded that the\n charge against him is not established. It is therefore,\n decided to drop the disciplinary case against Shri\n Kailash Chander, Sub Divisional Clerk. Ordered\n accordingly.Sd/-( Tilak Raj )\n General Manager,Irrigation\n Department, Haryana,\n Panchkula."11. Under such circumstances and by applying the dictumlaid\n down bythe Hon'ble Supreme Court inState of Haryana v. OP\n Gupta,State of Kerala and others v. E.K.Bhaskaran PillaiandThe Commissioner, Karnataka Housing Board v. C.Muddaiah(supra), the petitioner cannot be denied the consequential\n benefit of actual arrears/salary for the period in question. It is\n not the case where the petitioner had declined to work on the\n promoted post, rather he was denied the opportunity to occupy\n the promotional posts on account of pendency of departmental\n proceedings and which were also dragged and delayed for no\n fault of his. The principle of 'no work no pay' would have no\n applicability in the peculiar facts and circumstances of the\n present case."13. From the facts and the legal position discussed above, it is clear\n\nthat the petitioner had been consistently pursuing his legal remedy; he never\n\nrefused to perform his duties and thus there is no fault attributable to the\n\npetitioner for the protracted litigation. He was well within his right to\n\npursue his legal remedy. Therefore, the action on the part of the\n\nrespondents in declining the service benefits including the pay and\n\nallowances for the period the petitioner remained out of service, is not\n\njustifiable and consequently the instant writ petition is allowed, the\n\n\n\n\n 17 of 18::: Downloaded on - 23-09-2022 03:38:40 :::CWP No. 1756 of 2019 18impugned orders dated 31.8.2017 (Annexure P-3), 19.9.2017 (Annexure\n\nP/4) and 21.9.2018 (Annexure P/6) are set aside only to the extent of\n\ntreating the post dismissal period from 31.12.1992 to 13.3.2017 of the\n\npetitioner as 'No work No Pay' period and subsequent denial of pay and\n\nallowances for the said period. It is directed that the petitioner will be\n\ntreated in service uninterruptedly during the said period for all intents and\n\npurposes and the period for which he remained out of service on account of\n\ndismissal will be treated as a duty period for all intents and purposes\n\nincluding for the grant of increments and fixation of pay.14. Let the said exercise be done by the respondents within a\n\nperiod of three months from the date of receipt of copy of this order and the\n\narrears for which the petitioner is found entitled for be released to him\n\nwithin a period next three months, failing which such sum shall carry an\n\ninterest of 6% per annum.September 19, 2022 (JAISHREE THAKUR)\nprem JUDGE\n\nWhether speaking/reasoned : Yes\nWhether Reportable : No\n\n\n\n\n 18 of 18::: Downloaded on - 23-09-2022 03:38:40 :::

3d19491e-5e4a-5677-8bee-90c06ac29231

court_cases

High Court of MeghalayaTremdon Singh Warsai & Anr. vs . The Chief Secretary, Govt. on 2 March, 2020Author:W. DiengdohBench:W. DiengdohSerial No.05\nRegular List\n HIGH COURT OF MEGHALAYA\n AT SHILLONG\n\nCRP No. 15 of 2018 Date of Order: 02.03.2020\n______________________________________________________________\nTremdon Singh Warsai & Anr. Vs. The Chief Secretary, Govt.\n Of Meghalaya, Shillong & Ors.\nCoram:\n Hon'ble Mr. Justice W. Diengdoh, Judge\n\n\nAppearance:\nFor the Petitioner/Appellant(s) : Mr. M. F. Qureshi, Adv.\n\nFor the Respondent(s) : Mr. B. Bhattacharjee, AAG withMr. A. H. Kharwanlang, GA for R 1-4\n Ms. S. A. Shallam, Adv. for R 5.As prayed for by the learned counsel for the respondent No.5, not objected\nto by the learned counsel for the petitioner, this matter is adjourned for the\nday.List the same after 3 (three) weeks.Judge\n\n\nMeghalaya\n02.03.2020\n"Biswarup PS"

65baa7c5ab84c7eca86ec46c

acts

State of Gujarat - Act ------------------------ Gujarat Irrigation and Drainage Rules, 2014 --------------------------------------------- GUJARAT India Gujarat Irrigation and Drainage Rules, 2014 ============================================= Rule GUJARAT-IRRIGATION-AND-DRAINAGE-RULES-2014 of 2014 --------------------------------------------------------- * Published on 1 February 2014 * Commenced on 1 February 2014 Gujarat Irrigation and Drainage Rules, 2014 Published vide Notification NO. GER-2013-1-GN-2 (2014) -P, dated 1.2.2014 Last Updated 5th November, 2019 NO.GER-2013-1-GN-2 (2014) -P. - In exercise of the power conferred by section 47 of the Gujarat Irrigation and Drainage Act, 2013 (Gujarat Act No.6 of 2013 ), the Government of Gujarat hereby make the Gujarat Irrigation and Drainage Rules, 2014, namely :- Preliminary ### 1. (1) These rules may be called The Gujarat Irrigation and Drainage Rules, 2014. (2) It extends to the whole of the State of Gujarat. (3) It shall apply to all the works constructed and maintained relating to irrigation including drainage and water supply for drinking and industrial purpose by the State Government, State Government institutions and Grant-in-Aid Institutions of the State and includes all services rendered thereof. ### 2. Definitions. - In these rules, unless the context otherwise requires:- (1) "Act" means the Gujarat Irrigation and Drainage Act, 2013. (2) "Appellate Authority" means Canal-Officer of the rank of the Executive Engineer of the concerned project or part of the project; (3) "Canal" includes- (a) all canals, channels, water-courses, pipes and reservoirs constructed, maintained or controlled by the Government for the supply or storage of water; (b) all works, embankments, structures and supply and escape- channels connected with such canals, channels, pipes or reservoirs; and all roads constructed for the purpose of facilitating the construction or maintenance of such canals, channels, pipes or reservoirs; (c) all field channels, drainage-works and flood embankments; (d) river, stream, lake, natural collection of water or natural drainage channels or any part thereof; to which the State Government may apply the provisions of section 4, or the water of which has been applied or used before the passing of this Act for the purpose of any existing canal; (e) all lands belonging to the Government which are situated on a bank of any canal, and which have been appropriated under the orders of the Government for the purposes of such canal; (f) all tube wells, artesian wells, bore-wells and dug wells, constructed by the Government and maintained or controlled by the Government; (g) percolation tank or pond used for recharge of ground water; (4) "Canal Officer" means any person or an officer not below the rank of Overseer or Additional Assistant Engineer or equivalent cadre appointed as a canal officer under section 3 of the act, for the purposes of the Act, (5) "drainage work" means any work in connection with a system of irrigation or reclamation made or improved by the Government for the purpose of the drainage, whether under the provisions of section 14 of the Act, or otherwise, and includes escape- channels from a canal, dams, weirs, embankments, sluices, groins and other works connected therewith, but does not include works for the removal of sewage from towns; (6) "Executive Engineer" means an Executive Engineer in charge of Irrigation in any area and includes any officer duly empowered in that behalf. (7) "Federation" means a federation of recognized associations; (8) "field channel" means any channel or pipe, constructed and maintained by the holder of a land either by himself or jointly with other holders of lands or constructed by the Government and maintained by such holder or holders beyond a water-course and includes all subsidiary works connected with any such channel or pipe; (9) "flood-embankment" means any embankment constructed or maintained by the Government in connection with any system of irrigation or reclamation works for the protection of lands from inundation or which may be declared by the Government to be maintained in connection with any such system, and includes all groins, spurs, dams and other protective works connected with such embankments; (10) "Form" means a form prescribed under these rules. (11) "Government" means the State Government; (12) "Hot weather crop" means a crop grown within the period between the end of the cold weather season and the breaking of the monsoon season. (13) "Hot weather season" means the period from the 16th February till the 15th June ensuing. (14) "Kharif crop" means a crop grown within the period from the break of the monsoon season to the beginning of the cold season. (15) "land under irrigation command of a canal" means such lands as are irrigated or capable of being irrigated from the canal, being under its command and shall includes such lands as are or shall be deemed to be irrigated within the meaning of section 34; (16) "Lift Irrigation Scheme" means the scheme in which the water is pumped from water body such as river, stream, drain, nalla, kotar, lake, pond, reservoir, bandhara, canal, tube-well, natural collection of water, etc. and supplied to the area situated at higher elevation for the purpose of irrigation or other purpose; (17) "Monsoon season" means the period from the 16th June till the 15th November ensuing. (18) "outlet" an opening in a canal through which water is delivered in to water-course, field channel, pipeline or directly to any land; (19) "owner" includes every person having a joint interest in the ownership in land, building or such other things; and all rights and obligations which attach to an owner under the provisions of this Act shall attach jointly and severally to every person having such joint interest in the ownership; (20) "Perennial crop" means a crop which is irrigated continuously for a period of more than eight months. (21) "prescribed" means prescribed by rules made under section 47; (22) "Rabi crop" means a crop grown between the period 16th October and 15th March ensuing. (23) "Seasonal crop" means a crop which is sown, cultivated and reaped during a particular season of the year. (24) "Sub-Divisional Officer" means the Deputy Executive Engineer in charge of irrigation in any area subordinate to the Executive Engineer. (25) "Superintending Engineer" means the Superintending Engineer in charge of Irrigation in any area. (26) "Two season crop" means a crop the period of growth of which extends over the whole or part of both the monsoon and Rabi seasons. (27) "Water Conservation Structure" means any structure permanent or otherwise constructed or maintained for the purpose of impounding or diverting water of any river, stream, lake or any natural collection of water and includes any dam, weirs, bandhara, tidal regulator, check-dam, sluices, head wall, groins, spreading channels or any other works constructed for water conservation; (28) "water-course" means a channel constructed and maintained at the cost of the Government to supply water from an outlet; (29) "Water Users' Association (WUA)" means an Association as defined in clause (I) of section 2 of the Gujarat Water Users' Participatory Irrigation Management Act, 2007 ("PIM Act, 2007"); (30) "Year" means the period beginning on and from the 16th June of the calendar year and ending on the 15th June of the next calendar year. Part I – Construction and Maintenance of Field Channel and Water-Courses -------------------------------------------------------------------------- ### 3. Construction of Field Channel. (a) Where there does not exist field channel in any service area in which lands are capable of being irrigated from a canal, the State Government may construct the field channel in the public interest at the cost of the State Government. (b) Maintenance of field channel shall be carried out by individual farmer in whose land field channel passes. ### 4. Manner of construction of water courses. - The dimensions and the bed slope of a water course shall be such as may be adequate for the easy passage of water through the water course to all the fields to which water is supplied from the canal. Part II – Supply of Water --------------------------- ### 5. Application for supply of water. (1) Wherever the canals are handed over to Water User's Association under the provision of Gujarat Water User's Participatory Irrigation Management Act, 2007 (PIM Act, 2007) - (i) Individual application shall not be accepted by the Canal Officer from beneficial area of concerned canal on which Water User' Association is formed. (ii) Individual applicants who are not member of the Water User's Association shall require to submit application form to the concerned Water User's Association of that canal. (iii) Water User's Association shall accept the application form from individual farmers who are member of Water User' Association but comes under beneficial area of canal system for which Water User's Association is formed. (iv) On the basis of forms collected from individual farmers who are not member of Water User's Association and member of Water User's Association, only a single application of consolidated area shall be made in duplicate to the canal officer in Form A-1, along with statement showing details of farmers (member wise and crop wise) and area to be irrigated. (2) Canal system where Water User's Association is not existing. (i) every application for a supply of water for the purpose of Irrigation shall be made in duplicate to the Canal Officer. (ii) such application may be delivered personally or sent by post to the Canal Officer or to any officer authorized by the Executive Engineer to receive it. (3) Such application shall be made in the case of- (i) kharif or Rabi or Hot Weather season, in Form A-1, (ii) additional watering, in Form A-2, (iii) supply of water from Nallas, River, Streams etc. vesting in the Narmada, Water Resource, Water Supply and Kalpsar Department on which Government has not incurred any expenditure, in Form A-3. (4) supply of water for irrigation from Government tube-wells, in Form B-1, (5) Printed copy of the prescribed form for application shall be available for applicant free of charge. (6) An application for a supply of water for any purpose other than irrigation shall be made by a letter addressed to the Executive Engineer. ### 6. Dates for submission of application. (1) In case of each canal, the Executive Engineer shall fix the date for submission of prescribed application form. Any change in such date shall be notified not less than 15 days in advance: provided that if a change is deemed to be advisable on account of unforeseen seasonal or economic conditions or change in administrative arrangements, a later date may be fixed without notice as aforesaid. (2) Every application for a supply of water for the purpose of irrigation shall be made in the prescribed form on or before the date fixed under sub-rule (1): Provided that if an application is received after the date fixed under sub rule (1) above and the Executive Engineer is satisfied that the delay was unintentional and due to cause beyond the control of the applicant, he may treat due application as if it had been received on the due date: Provided further that if it appears to the Executive Engineer that a supply of water will be available after all applications received before due date have been disposed of, he may receive applications on later date. ### 7. Acknowledgement of application. - When an application for a supply of water is personally delivered, the counterfoil receipt for application attached to the duplicate form shall be initialed and dated by the officer receiving such application and handed back to the person from whom such application is received. In other cases, the counterfoil shall be similarly initialed and dated and shall be kept in the office for twelve months after the application is received and will be destroyed thereafter. ### 8. Application by whom to be made and conditions for sanction. (1) An application for a supply of water for the irrigation of land for any period may be sanctioned in favour of - (a) the occupant or joint occupants of the land, (b) the superior holder or joint superior holders of alienated land, (c) any other person or persons having right to cultivate the land under irrigation for the period for which supply of water is to be given, (d) President of Water User's Association. or (e) any other person duly authorized by any of the persons mentioned in clauses (a), (b), (c) and (d) to receive such supply. (2) An application made by a person having neither such interest in the land as mentioned in clauses (a), (b), (c) and (d) of sub- section (1) nor such authority as is mentioned in clause (e) of sub-section(1) may be summarily rejected by the Canal Officer. (3) An application made by a person other than the occupant or superior holder shall not be sanctioned unless such applicant furnishes suitable security for the payment of water-rate or other charges which may become payable in respect of any obligation arising out of the sanction of such application, by the execution either of a bond in Form C - 1 with two sureties to be approved by the officer sanctioning the application or of a mortgage bond in Form C - 2. In the case of a person who is a member of a Co-operative Society as defined in the Gujarat Co-operative Societies Act, 1961 and who has taken a loan from such society under section 49 thereof and has made a declaration in respect of his land in the manner required by clause (a) or (b) of subsection (1) of that section, the execution of a mortgage bond, if any, shall be made in Form C - 3. (4) When an application is made by the occupant or superior holder, the Canal Officer may, if he considers that security is necessary, require, by an order in writing such applicant to furnish similar security as stated in sub-rule (3). (5) When an application is made by a person other than the occupant or superior holder, the Canal Officer may refuse to sanction such application unless the consent of the occupant or superior holder has been obtained by the applicant. If the consent of any other person having an interest in the land as mortgage or otherwise appears to the Canal Officer to be necessary to ensure that all obligation, arising out of the sanction, of such application will be carried out he may require such consent also to be obtained by the applicant. ### 9. Disposal of Application. (1) The Canal Officer may after stating the reason in writing reject the application for a supply of water or sanction the supply applied for wholly or in part with modifications. (2) Subject to such orders at the State Government may from time to time issue, the Executive Engineer may refuse sanction a supply of water for irrigation to any land under any of the forms prescribed in sub-rule (3) of rule 6 of such irrigation would, in his opinion lead to excessive of wasteful use of water, or cause, or contribute to cause, damage or injury to such land or any other land, or cause loss or injury to the cultivator of any other land, or he likely to produce condition dangerous to public health. (3) The Executive Engineer may refuse to sanction a supply of water for the cultivation of any crop to any land within a distance of three meters from the boundary of any road, cart-track, open drain or well, if such supply would, in his opinion interfere with the use of, or cause damage to such road, cart-track, drain or well. (4) The order passed under sub-rule (1), (2) or (3) shall be recorded on the application; the duplicate form of the application shall be endorsed with a copy of the order and delivered to the applicant. (5) If the supply sanctioned is different from that applied for, the applicant may either withdraw his application, in which case the sanction given shall be cancelled or make a further application for a modification of the sanction. Such further application if sanctioned, shall not be deemed to be an application made after the prescribed date. (6) If an applicant is in the arrears of water rates which became due before the date of the application, the application may be summarily rejected or sanction may be given provisionally subject to the condition that such arrears are paid before a specified date prior to the commencement of supply or applicant pays total water charges in advance of that irrigation season at the time of submission of an application. (7) Sanction may be given provisionally subject to the condition that all amounts which have become due on account of water rates before the commencement of supply shall be paid before such commencement of supply and that if such amounts or advance total water rates of that irrigation season are not paid the sanction shall be liable to cancellation. (8) If the Canal Officer has reason to doubt the authenticity of any signature of endorsement or the truth or accuracy of any of the information furnished in an application, he may postpone the passing of orders until he has made such inquiries as he deems necessary in order to ascertain the facts. In such case, he shall record reasons in writing for postponing the passing of order. ### 10. Sanction for the supply of water. (1) Sanction for the supply of water to any land may be given if (i) the acreage of such lands is 10 Ares (10 Gunthas )or more. (ii) such land, though its acreage is less than l0Ares ( 10 Gunthas ) comprises the entire holding of the applicant. (2) No separate sanction shall be given for the supply of water to irrigate different crops in the same land unless the total area of such land is or exceeds 20 Ares ( 20 Gunthas ) and the total area for each crop therein is not less than 20 Ares (20 Gunthas ). (3) Water for irrigation shall not be supplied to any land unless sanction has been given therefore under sub-rule (1), or (2). ### 11. Allotment of available supply. - If from any cause, any water supply is insufficient to meet all demands for water from such supply questions regarding the allotment of the available supply and the quantity and regulating thereof shall, subject to the general or special orders of the State Government, be determined by the Executive Engineer. Part III – Cultivation of crop and use of Water ------------------------------------------------- ### 12. Cultivation of crop and use of water. - The following provisions in respect of cultivation of crop and use of water shall be observed. (1) A suitable system of water channels shall be so maintained that the water required for the irrigation of any plot can be supplied directly from a channel. (2) The number and location of the inlets necessary for the supply of water to any such system shall be subject to the general or special orders of the Executive Engineer. (3) The order in which water is supplied shall be subject to the general or special order of the Executive Engineer. (4) No crop shall be grown in the channels leading to the plots when such channels are less than 1.0 meter wide from the top inner edge if the bund and after earthing up there shall be no crop growing in or interfering with the flow of water in the channels. (5) No crop shall be planted within 1.0 meter of the edge of a main water- course. If a question arises as to what is a main water course, the Executive Engineer shall decide the matter and his decision shall be final and conclusive. (6) No crop shall be grown on the top of any bund. (7) (a) Any bund may, immediately after rain, be cut without permission. Such bund shall, however be properly repaired before the next watering is taken. (b) Except as provided in clause (a), a bund may be cut only in case of emergency; and if the person on whose application the supply of water is sanctioned under this rule cuts the bund, he shall be liable for any wastage of water unless he shows to the satisfaction of the Executive Engineer that the accumulation of water, if any, was due to cause for which he was not responsible. (8) The person on whose application the supply of water is sanctioned under these rule or his servant shall be present during the whole time when water is being taken. Part IV – Water Supply Rates ------------------------------ ### 13. Water rates and payment thereof: - (1) The rates and conditions for supply of water for different purposes shall be as specified in the schedule attached to these rules. (2) The dates in each year for payment of water rates shall, ordinarily be :- | | | | --- | --- | | For Kharif crop | 31st December | | For Rabi crop | 15th April | | For Hot Weather crop | 31st July | ### 14. Method for fixing Water rates. - The rates, determined by the State Government under section 30 of Act, for canal water supplied for purpose of irrigation shall, in the absence of a special agreement or contract, ordinarily be levied in the form of- (a) a rate per hector per watering of land irrigated, fixed with reference to the crop grown, the season of the year during which and the period for which, water is supplied and the method of application of water to the land, (b) a rate per unit of quantity of water supplied. (c) a rate per hector with reference to the type of crop grown with reference to specified season. ### 15. Manner of levying water rates. - In the case of any land, water rates shall be levied on the total area thereof as specified in the sanction given under sub-rule (1) or (2) of rule 10 and shall be payable whether water is taken or not, provided that water for such supply was available. ### 16. Water rate leviable when mixed crops are grown. - If mixed crops are grown in any part of a plot for any period, the water rate fixed for the highest rated crop so grown shall be charged for the whole plot for the whole period with respect to which such rate is leviable. ### 17. Water rate leviable when crop sanctioned is not planted or fails and another crop is grown. - When the sanctioned crop is not grown, or if grown fails, another crop may be sown in the same area; and, provided water is available, water shall be given to such second crop to the date up to which water would have been given to the crop sanctioned. No additional charge shall be levied if intimation shall have been given to the Canal Officer in writing within fifteen days of plantation the fresh crop and if the second crop is assessable at the same or a lower rate than the sanctioned crop. If no such notice shall have been given, the irrigation of the second crop may be treated as unauthorized. ### 18. Water rate leviable when land intended to be irrigated by canal water is irrigated partly by well water. - If a portion of any land for the irrigation of which a supply of canal water has been sanctioned is irrigated by well water for a part of the season owing to a deficiency in the supply of canal water, and the applicant notifies the fact in writing to the Executive Engineer within eight days from the date on which he began taking well water, enquiry shall be made by the Executive Engineer as to whether the use of well water was necessary and if it be shown to the satisfaction of the Executive Engineer that the use of well water was necessary the rate chargeable on the portion irrigated by 'well water may, at the discretion of the Executive Engineer, be reduced to an amount which shall not be less than half the rate otherwise payable. ### 19. Water rate leviable when well water and canal water are conveyed in the same channel. - If well water is conveyed to any land in any channel used for conveying canal water, water rate shall be chargeable on the whole of the land irrigated from such channel: Provided that if well water be taken for a part of the season owing to a deficiency in the supply of canal water and the applicant notifies the fact in writing to the Executive Engineer within eight days from the date on which he began taking well water and if it be shown to the satisfaction of the Executive Engineer that such deficiency existed, the rate on the portion irrigated by well water may, at the discretion of the Executive Engineer, be reduced to an amount which shall be not less than half the rate otherwise payable. ### 20. Irrigation from escape channel per collations and leakages. - Irrigation from escape channels, drains and from percolation and leakage from such canal falling under section 34 of Act, shall be subject to the same provisions as irrigation from other parts of a canal. ### 21. Water rates for non-irrigational purposes. - Water supplied from a canal for any purpose other than irrigation shall be charged at the rate determined by the state government per unit of volume of water supplied: Provided that where the amount of water supplied can not be measured the supply shall be charged for in such manner as the State Government may by order direct in each case. Occasional Rates. ### 22. Water rate leviable for supply of water obtained without permission or misused. - If a supply of water is obtained by any person from a canal whether for irrigation or for any other purpose, without the previous permission of the Executive Engineer or is used in any other unauthorized manner for irrigation or otherwise, the Executive Engineer, may charge additional penal rate as may be determined by the state government and seasonal rate chargeable for the supply as if such supply had been sanctioned. Such rate shall be leviable in addition to any penalty imposed under the Act. ### 23. Record to be maintained for water obtained without permission or misused. - If a supply of water is obtained by any person from a canal whether for irrigation or for any other purpose, without the previous permission of the Executive Engineer or is used in any other unauthorized manner for irrigation or otherwise, the Canal Officer or any person duly authorized by the Canal officer, shall inquire on field and Ekararnama in Form A 4, shall be executed accompanied with panchnama recorded by the Canal Officer or any person duly authorized by the Canal officer. ### 24. Water rates leviable on late applications. - When an application for supply of water presented after the prescribed date is sanctioned, the water rate to be charged for supply of water for the first irrigation period for the growth of any crop, shall be one and half the normal rate chargeable for supply of water for that period of the growth of that crop: Provided that the Executive Engineer may, if he is satisfied that an application could not be submitted on or before the prescribed date and after recording reasons in writing, order any lower rate not less than the normal rate to be charged in the case of any such applicant or any class of such applicants. ### 25. Water rate leviable for water used for the irrigation of an area in excess of the sanctioned area. - When sanction has been given to irrigate a specified area and the applicant irrigates an area in excess of such specified area, the Executive Engineer may charge in respect of such excess area a rate not exceeding double the rate chargeable for the supply as if the supply had been sanctioned for such excess area and may stop the supply of water: Provided that if the Executive Engineer is satisfied that the excess area was irrigated through a bona-fide mistake, no charge in addition to the normal water rates shall be levied in respect of the excess area irrigated to the extent of five percent, of the area sanctioned for irrigation or 5 ares ( 5 gunthas ), whichever is less. ### 26. Charges to be imposed when water supplied through a water-course is suffered to run to waste. - When water supplied through a water- course is suffered to run to waste, the Executive Engineer may charge- (a) if the water has flowed on any land, a rate not exceeding double the rate chargeable for each hector on which water has flowed; (b) in any other case a rate not exceeding double the rate chargeable under rule 19, in the volume of water estimated by the Executive Engineer to have been wasted. Exemption Cancellation and Remissions ### 27. Cancellation of sanction for supply of water of assessment in respect thereof. - If after the supply of water is sanctioned it is not possible to supply water for irrigation the land even once, on account of obstruction from or prevention by the neighbouring land-holders, or for reason of serious error of judgement in planning of seasonal crop programme or unnoticed defect in construction of canals for which the applicant could in no way be held responsible, the connection for supply of water or assessment in respect thereby, if any shall be cancelled by the Superintending Engineer on basis of a panchnama recorded in that behalf by an officer not below the rank of a Sub-Divisional Officer. ### 28. Remission of water rates. - Remission of the whole or a part of the water rate payable by any person in respect of the supply of water for the purpose of irrigation to any land may be granted where such person has suffered loss- (a) from any stoppage diminution or increase of his water supply due to any of the causes stated in clause (d) of section 20 or any act or omission of a canal officer not provided for in the aforesaid clause; or (b) due to failure of crops due to any local or general calamity : Provided that output of the crops is not more than one quarter of normal. ### 29. Claims for remission. (1) Every claim for remission of water rate shall be preferred in writing directly to the Executive Engineer within one month from the time date of incidence of the damage or failure, in respect of which the remission is claimed. Any claim preferred thereafter may be summarily rejected. (2) If, without giving the Executive Engineer at least 8 days' notice in writing of his intention so to do, the claimant cuts the crops alleged to have been damaged or to have failed at any time within 20 days after preferring his claim for remission, his claim may be summarily rejected. ### 30. Readings maintained of water gauges and meters by the Irrigation Department to be accepted as authoritative. - In case of dispute regarding water supply or remission or exemption from water rate, the water gauge and meters maintained by the Irrigation department shall, if certified by the Executive Engineer to have been in good order during the period to which the dispute relates, be held to furnish authoritative data for all calculations of discharge. Part V – Appeals ------------------ ### 31. Appeals. (1) An appeal in accordance with the provision of sub-rule (2) shall lie against an order - (a) passed under rule 9, or (b) requiring an applicant who is an occupant or superior holder to give security under rule 8, or (c) rejecting a surety tendered under rule 8 as unapproved. (2) If the original order was passed by the Canal Officer, the appeal shall lie to the Executive Engineer, (3) decision of the Executive Engineer shall be final and binding to both. ### 32. Manner of preferring appeals. - All appeals preferred must be made by a written petition signed by the appellant. Such petition may be delivered at the office of the Appellate Authority by the appellant in person during office hours or forwarded through registered post. ### 33. All appeals made by a written petition shall be accompanied with fees of Rs. 20/- paid in form of cash, demand draft, pay order, non judicial stamp, court fee stamp, Indian postal order, judicial stamp-paper, revenue stamp or franking by stamping or electronic stamping. Part VI – Miscellaneous ------------------------- ### 34. Water rates chargeable under section 34. - Without special sanction of the State Government water rates under section 34 of Act shall not be charged on land watered by a well or wells sunk at a distance of more than 200 meters from any canal situated in the state:- Provided that such well is fed by natural percolation only and not by a surface channel or a constructed underground channel or pipe. ### 35. Closing of canal. - No canal shall be closed for the execution of any repairs, alterations or additions thereto, except in case of emergency without the previous sanction of the Superintending Engineer, or of the Executive Engineer duly empowered in this behalf by the Superintending Engineer. The Superintending Engineer, or the Executive Engineer duly empowered shall fix the period or periods for which the supply of water may be stopped on account of the execution of such repairs, etc. Every intended closure of a canal shall as far as may be practicable, be notified at least eight days in advance. In case of emergency the Canal officer of the highest rank on the spot may close a canal and fix the said period or periods and shall report the matter to the Superintending Engineer. ### 36. Passing of persons, animals M vehicles in or across canals. (1) No person shall pass, or cause any animal or vehicle to pass in or cross the bank or channel of any canal at any place except where indicated by a notice erected under the order of the Executive Engineer in a conspicuous place. (2) In fixing places at which the passing in or across the bank or channel of a permitted under sub-rule (1), the Executive Engineer, shall have careful regard to the reasonable convenience of the people residing or holding land in the vicinity who are required to cross the canal or water for their animals. ### 37. Maintenance of water courses. - Maintenance of a water-course shall include the construction of- (a) such masonry, concrete or other work as in the opinion of the Executive Engineer is necessary to prevent waste of water or damage to the channel, or (b) a pipe outlet in masonry, concrete or any other type of outlet arrangement approved by the Executive Engineer for connecting the water-course to the field channel. ### 38. Maintenance of Record of Rights and Register of Mutation. - Copies of the Record of Rights and Register of Mutations shall be maintained at each Sectional Office or other convenient centre. Part VII – Supply of Water Free of Charge for Agricultural Purposes From Canal on Which Government has not Incurred any Expenditure ------------------------------------------------------------------------------------------------------------------------------------- ### 39. (1) Notwithstanding anything contained in these rules every application for the supply of water free of charge for agricultural purposes and not for commercial or industrial purposes including the cultivation of sugarcane by sugar companies from a canal vesting in the Government and on which Government has not incurred any expenditure, shall be made in duplicate to the Canal Officer concerned in Form A 3, and may be delivered personally or sent by post to the Canal Officer concerned. (2) Printed copy of the prescribed Form of application shall be supplied to the applicant free of charge. ### 40. Sanction for the use of water free of charge. - Government may from time to time by order direct to grant sanction for the use of water free of charge for growing food and fodder crops including onions. ### 41. Construction of channels for taking water. - The applicant shall make a channel or channels for taking water to his lands at his own cost and responsibility or the State Government shall make field channel. ### 42. Demarcation of Crops irrigated by the water supplied under this part. - Crops irrigated by the water supplied under this Part shall be separated from all crops irrigated by water supplied otherwise under the Rules by at least 15 meters at all places. ### 43. No interference with the natural drainage. - The applicant shall not interfere with the natural drainage or artificial channels in utilizing the water sanctioned for his land. ### 44. Separation of irrigation and lift channels. - When irrigation channels from canal run parallel to lift channels, they shall have an uncultivated dry strip of not less than five meters between the outer toes of the inner banks of the channels. ### 45. Crossing of canal and lift channel. - When canal water is crossed by lift channels, the crossing shall be of pacca masonry or concrete and pipe crossing shall be to the entire satisfaction of the Canal officer. ### 46. Location of pumping plant. - When water is allowed to be used by means of a pumping plant, the pumping or "Take off' arrangement shall be beyond five meters from the edge of the canal land width boundary. ### 47. Marking of sanctioned area on plan. - The area for which the water has been sanctioned by the Canal Officer shall be marked on a plan which shall be signed by the applicant. ### 48. Claims for compensation. - No claim for compensation on account of damage to crop due to the failure or deficiency of water shall be entertained. ### 49. Water rates leviable for breach of condition. - For using water after the expiry of sanction limit/ No. of watering or without submitting application for use of water or for breach of any of the aforesaid conditions the applicant shall be charged full water rates leviable, and shall also be liable to the penalties imposed under the provisions of the Act, and the rules framed thereunder. In such a case, the permission granted to him shall also be cancelled if the period of its validity has not already expired. ### 50. No other canal water shall be granted. - No other canal water shall be granted to or utilized for the areas brought under cultivation under the sanctioned permitted area under this part. ### 51. Water rates leviable on crops grown in excess of sanctioned area. - Areas of crops grown in excess of the sanctioned area shall be liable to be charged at full water rates leviable for using canal water and in addition the applicant shall be liable to penalties imposed for unauthorized irrigation under the Gujarat Irrigation and Drainage Act, 2013, and Rules framed thereunder. ### 52. No water supply before sanction of application. - No water shall be taken by the applicant before his application has been sanctioned. ### 53. Repeal and Saving. - The Gujarat Canal Rules, 1962 are hereby repealed. Form A-1 (See rule 5) Application for water for irrigation in Kharif or Rabi or Hot-weather Season No. of application:- To, The Executive Engineer/ Canal Officer \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Division, I, \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ ,resident of \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ ,Taluka \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ ,District \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ , make this application for the water supply from the canal for the purpose of irrigation the under mentioned land hereinafter described subject to the provision of the Gujarat Irrigation and Drainage Act, 2013, and other law for the time being in force relating to irrigation and all the provision of the Gujarat Irrigation and Drainage rules, 2014, and subject to the conditions specified on the reverse of this application to which I agree:- | | | | | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | | Name of village | Name of canal | Outlet No. | Survey /Block No. | Total Area of Survey/Block No. | Total Area of the holding in Survey No. or Block No. | Total Area Applied for. | Name of crop. | Period/ Season for which water is required | No. of watering | Remark | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | | | | | | Ha. Are | Ha. Are | Ha. Are | | | | | | | | | | | | | | | | | Total amount to be paid:- | | | | | | | --- | --- | --- | --- | --- | | Sr. No. | Name of crop | Area to be irrigated in Ha. Are. | Water Rate chargeable per hector per watering | Total Amount in Rs. | | | | | | | ### 2. lam the of the land for which water has been applied for above. ### 3. I have paid all arrears of water rates up to and including the arrears of water rates for the only - ### 4. I have paid advanced water rate Rs. for the land for which water has been applied for above. ### 5. The name and address of person to whom the manner in which the order on this application should be delivered are:-- Name:- Address:- | | | | --- | --- | | Date :- / /20 | Signature or left hand thumbimpression of the applicant. | Signature or left thumb impression if the occupants or joint occupants or superior holder or joint superior holders in case in which the applicants is not the occupants or superior holder. Forwarded for sanction as follows :- (1) Area to be sanctioned \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (2) Period of sanction :- From \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ to \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (3) Water rate to charged :- Rs. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ per Ha. per watering, and total amount is Rs. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ | | | | --- | --- | | Date :- / /20 | Sub- Divisional officer, | \_\_\_\_\_\_\_\_\_\_\_\_\_ Sub-Division \_\_\_\_\_\_\_\_\_\_\_\_\_ | | | | --- | --- | | Date :- / /20 | Sanctioned,Executive Engineer, | \_\_\_\_\_\_\_\_\_\_\_\_\_ Division, \_\_\_\_\_\_\_\_\_\_\_\_\_ Note. - (1) Details of Security bond to be invariably furnished by non-Owner applicant as per instruction 6. (As per Form C 1.) | | | | --- | --- | | (2) Name of sureties | (1) \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ | | | (2) \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ | Survey No. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ of \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ is given as security as per Form C 2. Approval of Application received as per Form No. A-1 Canal :- Application No. :- Name of Village:- Survey No./Block No. :- Name of Applicant:- #Sanctioned Area | | | | | | --- | --- | --- | --- | | | Hectare | Are | Nos. of watering | | Crop | | | | | Kharif | | | | | Rabi | | | | | Two season | | | | | Hot weather | | | | | Perennial | | | | Sanctioned date and endorsement Canal officer Date:- / /20 Instruction ### 1. This form is to be used for irrigation for Kharif, Rabi and Hot Weather seasons prescribed in rule 5 of the Gujarat Irrigation and Drainage Rules, 2014. ### 2. The application is to be submitted in duplicate form to the Canal Officer or to any officer authorized by him to receive such applications. It may be sent by hand, presented personally or sent by post. ### 3. When order is passed the duplicate form will be returned to the applicant endorsed with the Canal Officer's final order. ### 4. No sanction will ordinarily be given for the irrigation of any land to any person other than (1) the sole occupant or all joints occupants, (2) the sole superior holder or all joint superior holders, (3) a person having the right to carry on irrigated cultivation of the land for the period of the sanction or (4) a person duly authorized on half any these to receive such sanction. ### 5. The applicant must state at No. 2 on the form nature of his interest in the land or of his authority to apply for sanction for carrying on irrigated cultivation in the land. He must also state at No. 3 on the form the season up to and including which he has paid arrears of water. If lie owes any water rates he must state the season or year for which he does so. ### 6. Any application may required to furnish a Bond in Form C-1 executed by two suitable sureties or execute a mortgage bond in Form C-2 as security for the payment of all amount which may become due in respect of the water to be supplied under the sanction. And he may also be required to obtain the assent of any person having an interest in the land to the grant of sanction to him. ### 7. Sanction will be refused for the irrigation of any land which is found to be unsuitable for this form of irrigation. ### 8. Executive Engineer will ordinarily sanction areas which are multiple of ares. Conditions ### 1. After the application has been sanctioned, full water rates shall be payable for the area and period sanctioned, whether the area is irrigated or not, provided water was available during the period. No water rate shall be charged in the case of perennial crops when the applicant gives a written intimation to the Executive Engineer within one month from the date of sanction to the applicants that water is not required, provided such sanction for perennial crops was granted for a period of one year or more. ### 2. Each type of crop(namely, sugarcane, pan, ordinary perennial, two season and seasonal) shall be grown only the extent of the sanction given by the Canal officer but an equal area of any lower rated type may be substituted. ### 3. The area sanctioned shall not be exceeded. ### 4. The sanction is liable to be cancelled, or the supply to any crop irrigated under the sanction is liable to be withheld or stopped entirely without notice for breach of any rule to the Gujarat Irrigation and Drainage Rules, 2014 or of the conditions of this form of application. ### 5. Water shall be given for the whole season, if available, or at the discretion of the Executive Engineer, for as many watering as may be possible. ### 6. Full water supply is not guaranteed but an intimation of the possibility of a shortage of water during the season for which application is made shall be given at the earliest date possible. ### 7. Where no permanent water channel exist, the irrigator shall allow the construction of a temporary channel through his land, if necessary along a line fixed by the Executive Engineer or his representative, for the benefit of irrigators whose fields are situated below his land. ### 8. Water for any area of sugarcane sanctioned is subject to the condition that water is liable to be withheld from new sugarcane area after 31" May, if necessary. Each consecutive watering after 31' May shall require the sanction of the Executive Engineer. Such sanction shall be accorded if water is available for agricultural purposes but if it is insufficient at an any time of the season all further watering may be stopped and the irrigator shall not in that case claim compensation for any damage to the sugarcane crop due to shortage of water. ### 9. The water charges due from the applicant shall be directly deducted by the CO-operative Sugar Factory of which he is a member, from the amount that may be due to him for sale of sugarcane. The Co-operative Sugar Factory shall pay the amount so deducted to the concerned Executive Engineer for crediting the same in to the applicant's account and receipt for payment of the same shall have to be obtained by the applicants from the said Co-operative Sugar Factory. If under any circumstances, it is not possible to effect recovery of water charges in the manner above said, the concerned Canal Officer shall take direct action for recovery of water charges in accordance with rules in force. Statement to be Attached With form A-1 by "Water User's Association" Name of WUA :- Name of Canal:- Name of Village:- Season or period:- Details of area to be irrigated during \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Season 20 \_\_\_\_\_\_\_\_\_\_\_\_\_ | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | | Sr.No. | Name of crop | Nos. of farmer | Total area to be irrigated Ha. Ares. | Water Rate per Ha. per watering in Rs. | Probable No. of watering | Total Amount ,in | | | | | | | | | | | | | | | | | Farmer/member wise details of Irrigation for \_\_\_\_\_\_\_\_\_\_\_\_\_\_ Season 20 \_\_\_\_\_\_\_ | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | | Sr. No. | Name of Farmer/Member | Survey/block No. | Total area of Survey/Block No. | Area to irrigated in Ha. Ares. | Name of crop | Probable No. of watering | | 1 | | | | | | | | 2 | | | | | | | | 3 | | | | | | | Receipt to be given to Applicant for Application received as per Form No. A-1 Canal :- Application No.:- Name of Village:- Survey No./Block No.:- Name of Applicant:- Crop, Season and Area included in approval | | | | | | --- | --- | --- | --- | | Crop | Season and period | Area | Nos. of watering | | Kharif | | Hectare Are | | | Rabi | | | | | Two season | | | | | Hot weather | | | | | Perennial | | | | Date of Application :- | | | | --- | --- | | Date of Application received and endorsement | Signature of application receiver Canal officer | Form A-2 (see rule 5) Form of application for Additional watering No. of application:- To, The Executive Engineer/ Canal Officer \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Division, \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ I, \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ resident of \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, Taluka \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ District , make this application for the water supply from the canal for the purpose of irrigation the undermentioned land hereinafter described subject to the provision of the Gujarat Irrigation and Drainage Act, 2013, and other law for the time being in force relating to irrigation and all the provision of the Gujarat Irrigation and Drainage Rules,2014 and subject to the conditions specified on the reverse of this application to which I agree:- | | | | | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | | Name of village | Name of canal | Outlet No. | Survey /Block No. | Total Area of Survey/Block No. | Total Area of the holding in Survey No. or Block No. | Total Area Applied for. | Name of crop. | Period/Season for which Additional watering is required | No. of Additional watering | Remark | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | | | | | | Ha. Are | Ha. Are | Ha. Are | | | | | Total amount to be paid:- | | | | | | | --- | --- | --- | --- | --- | | Sr. No. | Name of crop | Area to be irrigated in Ha. Are. | Water Rate chargeable per hector per watering for additional watering | Total Amount in Rs. | | | | | | | ### 2. I am the \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ of the land for which water has been applied for above for no of additional watering. ### 3. I have submitted application and is sanctioned for the \_\_\_\_\_\_\_\_\_\_\_\_\_ season of 20 \_\_\_\_\_\_\_\_\_\_\_\_\_ I have submitted herewith a application for no. of additional watering. ### 4. The name and address of person to whom the manner in which the order on this application should be delivered are:- Name :- Address :- | | | | --- | --- | | Date :- / /20\_\_\_\_\_. | Signature or left hand thumbimpression of the applicant. | Signature or left thumb impression if the occupants or joint occupants or superior holder or joint superior holders in case in which the applicants is not the occupants or superior holder. Forwarded for sanction as follows :- (1) Area to be sanctioned \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (2) Period of sanction :- From \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ to \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (3) Water rate to charged:- Rs. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ per Ha. per watering, and total amount is Rs. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ for additional watering, Date:- / /20 Sub- Divisional officer, \_\_\_\_\_\_\_\_\_\_\_\_\_\_ Sub-Division Sanctioned, Date:- / /20 Executive Engineer, Division, Note. - (1) Details of Security bond to be invariably furnished by non-owner as per instruction 5. (2) Name of sureties given as security as per Form C-1. Name of sureties (1) (2) Survey No. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ of \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ given as security as per Form C 2. Approval of Application received as per Form No. A-2 Canal :- Application No.:- Name of Village:- Survey No./Block No. :- Name of Applicant:- Crop, Season and Area as per demand | | | | | --- | --- | --- | | Crop | Season and period | Area | | Kharif | | Hectare | Are | | Rabi | | | | | Two season | | | | | Hot weather | | | | | Perennial | | | | | | | | --- | --- | | | Sanctioned date and endorsement | | Date:- / / 20. | Canal officer | Instruction ### 1. This from is to used for irrigation for Kharif, Rabi and Hot Weather seasons prescribed in rule 5 of the Gujarat Irrigation and Drainage Rules, 2014. ### 2. The application is to be submitted in duplicate form to the Canal Officer or to any officer authorized by him to receive such applications. It may be sent by hand, presented personally or sent by post. ### 3. When order is passed the duplicate form will be returned to the applicant endorsed with the Canal Officer's final order. ### 4. No sanction will ordinarily be given for the irrigation of any land to any person other than (1) the sole occupant or all joints occupants, (2) the sole superior holder or all joint superior holders, (3) a person having the right to carry on irrigated cultivation of the land for the period of the sanction or (4) a person duly authorized on half any these to receive such sanction. ### 5. Any application may required to furnish a Bond in Form C-I executed by two suitable sureties or execute a mortgage bond in Form C-2 as security for the payment of all amount which may become due in respect of the water to be supplied under the sanction. And he may also be required to obtain the assent of any person having an interest in the land to the grant of sanction to him. ### 6. Sanction will be refused for the irrigation of any land which is found to be unsuitable for this form of irrigation. Conditions ### 1. After the application has been sanctioned, full water rates shall be payable for the area and period sanctioned, whether the area is irrigated or not, provided water was available during the period. No water rate shall be charged in the case of perennial crops when the applicant gives a written intimation to the Executive Engineer within one month from the date of sanction to the applicants that water is not required, provided such sanction for perennial crops was granted for a period of one year or more. ### 2. The area sanctioned shall not be exceeded. ### 3. The sanction is liable to be cancelled, or the supply to any crop irrigated under the sanction is liable to be withheld or stopped entirely without notice for breach of any rule to the Gujarat Irrigation and Drainage Rules,2014 or of the conditions of this form of application. ### 4. The water charges due from the applicant shall be directly deducted by the Co-operative Sugar Factory of which he is a member, from the amount that may be due to him for sale of sugarcane. The Co-operative Sugar Factory shall pay the amount so deducted to the concerned Executive Engineer for crediting the same in to the applicant's account and receipt for payment of the same shall have to be obtained by the applicants from the said CO-operative Sugar Factory. If under any circumstances, it is not possible to effect recovery of water charges in the manner above said, the concerned Canal Officer shall take direct action for recovery of water charges in accordance with rules in force. Receipt to be given to Applicant for Application received as per Form No. A-2 Canal :- Application No. :- Name of Village:- Survey No./Block No.:- Name of Applicant:- Crop, Season and Area included in approval | | | | | | --- | --- | --- | --- | | Crop | Season and period | Area | Nos. of watering | | Kharif | | Hectare Are | | | Rabi | | | | | Two season | | | | | Hot weather | | | | | Perennial | | | | Date of Application :- | | | | --- | --- | | Date of Application received and endorsement | Signature of application receiver Canal officer | Form A-3 (see rule - 5) Application for supply of water free of charge for irrigation from Nallas, Rivers, Stream etc, vesting in the Narmada, Water Resource, Water Supply and Kalpsar Department has not incurred any expenditure. No. of application:- To, The Executive Engineer/ Canal Officer \_\_\_\_\_\_\_\_\_\_\_\_\_\_ Division, \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ I, \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, resident of \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, Taluka \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, District \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, make this application for the water supply from the canal for the purpose of irrigation the under mentioned land hereinafter described subject to the provision of the Gujarat Irrigation and Drainage Act, 2013, and Government orders issued there under from time to time for the supply of water from - \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ River \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Nalla \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Bhudki \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Drains \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Tank and subject to the conditioned specified on the reverse of this application to which I agree. I attach a plan herewith showing the land proposed to be irrigated by me. ### 2. I am the \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ of the land for which water has been applied for above. ### 3. The name and address of person to whom the manner in which the order on this application should be delivered are:-- Name :- Address :- | | | | --- | --- | | Date :- / /20. | Signature or left hand thumbImpression of the applicant. | Signature of the Witness. Signature or left thumb impression if the occupants or joint occupants or superior holder or joint superior holders in case in which the applicants is not the occupants or superior holder. Forwarded for sanction as follows :- a. Area to be sanctioned Ha Are b. Name of sanctioned crop c. Period of sanction :- From to | | | | --- | --- | | Date :- / /20. | Sub- Divisional officer, | \_\_\_\_\_\_\_\_\_\_\_\_ Sub-Division \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ | | | | --- | --- | | | Sanctioned, | | Date:- / /20 \_\_\_\_\_\_\_\_\_\_ | Executive Engineer, | \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Division, \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Note. - (1) Details of Security bond as per Form C-1 to be invariably furnished by non owner as per details below. (2) Name of sureties (1) (2) \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Survey No. \_\_\_\_\_\_\_\_\_\_\_\_\_ of \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ given as security as per Form C 2. Instruction ### 1. This form is to be used for the permission to supply water from Rivers, Nallas, Sreams, Bhudkies, Drains Tanks vesting in the Narmada Water Resource Water Supply and Kalpsar Department has not incurred any expenditure. ### 2. This application shall be submitted in duplicate to the Canal Officer or any officer authorized by him to receive such application, It may be sent by hand, presented personally or sent by post. ### 3. The application shall be tendered three months ago in advance for the season in which the supply of water is required by the applicant. ### 4. No sanction will ordinarily be given for the irrigation of any land to any person other than (1) the sole occupant or all joints occupants, (2) the sole superior holder or all joint superior holders, (3) a person having the right to carry on irrigated cultivation of the land for the period of the sanction or (4) a person duly authorized on half any these to receive such sanction. ### 5. The applicant should submit a plan of the land in the survey No. or survey Nos. concerned along with the application. ### 6. The applicant must state at No. 2 on the form nature of his interest in the land or of his authority to apply for sanction for carrying on irrigated cultivation in the land. ### 7. On completion of the application and after due enquiry in to the application, The Executive Engineer having regard to the existing riparian rights of the cultivation on the source of water may either sanction it fully or partly or reject it. In case the application is sanctioned a pass for the use of water shall be issued to the applicant. Such pass shall be valid only for the period specified in it. In case the application is rejected, the duplicate copy of the application shall be returned to the applicant after stating reasons for rejection. ### 8. Sanction shall be refused for the supply of water for growing crops where there is a danger of canal water being taken surreptitiously. Condition ### 1. Sanction will be granted for the use of water free of charge for growing food and fodder crops including onions. ### 2. The applicants shall make a channel or channels for taking water to his lands at his own cost and responsibility. ### 3. Crops irrigated by the water supplied under Part VII of the Gujarat Irrigation and Drainage Rules,2014, shall be separated from all crops irrigated by water supplied otherwise under the Act by at least 15 meter at all places. ### 4. The applicant shall not interfere with the natural drainage or artificial channels in utilizing the water sanctioned for his lands. ### 5. When irrigation channels from canal run parallel to lift channels, they shall have an uncultivated dry strip of less thanl5 meter between the outer toes of the inner banks of the channels. ### 6. When canal water is crossed by lift channels, the crossing shall be of pacca masonry or concrete and pipe crossing shall be to the entire satisfaction of the Canal Officer. ### 7. When water is allowed to be used by means of a pumping plant, the pumping Or "Take Off' arrangement shall be beyond the radius of 5.0 meter from the edge of the canal boundary or Distributary limit. ### 8. The area for which the water has been sanctioned by the Canal Officer shall be marked on a plan which shall be signed by the applicant. ### 9. No claim for compensation on account of damage to crop due to the failure or deficiency of water shall be entertained. ### 10. For using water after the expiry of sanction limit/ No. of watering or without submitting application for use of water or for breach of any of the aforesaid conditions the applicant shall be charged full water rates leviable, and shall also be liable to the penalties imposed under the provision of the Gujarat Irrigation and Drainage Act, 2013, and the Rules framed there under. In such a case, the permission granted to him shall also be cancelled if the period of its validity has not already expired. ### 11. No other canal water shall be granted to or utilized for the area brought under cultivation under the sanctioned permitted area under this part. ### 12. Areas of crops grown in excess of the sanctioned area shall be liable to be charged at full water rates leviable for using canal water and in addition the applicant shall be liable to penalties imposed for unauthorized irrigation under the Gujarat Irrigation and Drainage Act, 2013, and Rules frame thereunder. ### 13. No water shall be taken by the applicant before his application has been sanctioned. Form A-4 (see rule - 23 ) Ekararnama Form of Agreement for payment of penal water rate for Unauthorized Irrigation I, Shri \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ resident of Village \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, Taluka \_\_\_\_\_\_\_\_\_\_\_\_\_, District \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, have my land in Survey No. /Block No. of the said village do agree that I have taken water for irrigation in the said land eventhough my application there for is not sanctioned on account of arrears of water rate or here state the reason. I further agree that I shall pay the penal water rates as may be assessed by the Canal Officer for such unauthorized irrigation water taken by me for the said land and the crop. Signature of Land Owner In my presence Signature of the Canal officer or any person or persons authorized by the Canal Officer. Form B-1 (see rule - 5) Ordinary application for water for irrigation from Government tube-wells. No. of application:- To, The Executive Engineer, \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Division, I, \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ resident of \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, Taluka \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, District \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, hereby apply for the supply of water from the tube-well for the purpose of irrigating the land hereinafter described, subject to the provision of the Gujarat Irrigation and Drainage Act, 2013, and other law for the time being in force relating to irrigation and all the provision of the Gujarat Irrigation and Drainage rules, 2014, and subject to the conditions specified on the reverse of this application to which I agree:- | | | | | | | --- | --- | --- | --- | --- | | Name of village | Distributing Channel No./Out let No. Tube Well | | Survey No./Block No. | Total area of survey No./B | | 1 | 2 | 3 | 4 | 5 | | | | | | | | Total area of the holding In survey No. or Plot No. | Total area applied for | Name of crop | | Period for which water is required | | 6 | 7 | 8 | | 9 | | | | | | | ### 2. I am the of the land for which water has been applied for above. ### 3. I have paid all arrears of water rates up to and including the season of 20 -20 . I am in arrears of water rates for season only. ### 4. The name and address of person to whom the manner in which the order on this application should be delivered are:- Name :- Address :- ### 5. My name has been /has not been registered as regular irrigator under registration. ### 6. I have taken water under pass No. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ in the/Kharif/Rabi/Hot Weather season in the above mentioned. survey No. | | | | --- | --- | | Date :- / /20\_. | Signature or left hand thumbimpression of the applicant. | Signature of Witness. Signature or left thumb impression if the occupants or joint occupants or superior holder or joint superior holders in case in which the applicants is not the occupants or superior holder. Forwarded for sanction as follows :- (1) Area to be sanctioned \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (2) Period of sanction: - From \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ to \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (3) Water rate to charged: -Rs. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ per Ha. per watering, and total amount is Rs. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Date:- / /20#Sub- Divisional officer, \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Sub-Division \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ | | | | --- | --- | | Date :- / /20\_. | SanctionedExecutive Engineer, | \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Division, \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Note. - (1) Details of Security bond in form C-1 to be invariably furnished by non-Owner applicant as per instruction 7. (2) Name of sureties(1) \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (2) \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Survey No. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ of \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ given as security as per Form C 2. Approval of Application received as per Form No. B-1 Canal :- Application No.:- Name of Village:- Survey No./Block No.:- Name of Applicant:- | | | | --- | --- | | Crop | Sanctioned Area | | Kharif | Hectare | Are | | Rabi | | | | Two season | | | | Hot weather | | | | Perennial | | | Sanctioned date and endorsement. | | | | --- | --- | | Date:- / / | Canal officer | Instruction ### 1. This from is to used for irrigation for Kharif, Rabi and Hot Weather seasons prescribed in rule 5 of the Gujarat Irrigation and Drainage Rules, 2014. ### 2. The application is to be submitted in duplicate form to the Canal Officer or to any officer authorized by him to receive such applications. It may be sent by hand, presented personally or sent by post. ### 3. When order is passed the duplicate form will be returned to the applicant endorsed with the Canal Officer's final order. ### 4. No sanction will ordinarily be given for the irrigation of any land to any person other than (1) the sole occupant or all joints occupants, (2) the sole superior holder or all joint superior holders, (3) a person having the right to carry on irrigated cultivation of the land for the period of the sanction or (4) a person duly authorized on half any these to receive such sanction. ### 5. The applicant must state at No. 2 on the form nature of his interest in the land or of his authority to apply for sanction for carrying on irrigated cultivation in the land. He must also state at No. 3 on the form the season up to and including which he has paid arrears of water. If he owes any water rates he must state the season or year for which he does so. ### 6. Any application may required to furnish a Bond in Form C-I executed by two suitable sureties or execute a mortgage bond in form C-2 as security for the payment of all amount which may become due in respect of the water to be supplied under the sanction. And he may also be required to obtain the assent of any person having an interest in the land to the grant of sanction to him. ### 7. Sanction will be refused for the irrigation of any land which is found to be unsuitable for this form of irrigation. ### 8. Sanction will be refused for the irrigation of any land which is found to be unsuitable for this form of application. ### 9. Executive Engineer will ordinarily sanction areas which are multiple of ares. Conditions ### 1. After the application has been sanctioned, full water rates shall be payable for the area and period sanctioned, whether the area is irrigated or not, provided water was available during the period. ### 2. Each type of crop (namely, sugarcane, pan, ordinary perennial, two season and seasonal) shall be grown only the extent of the sanction given by the Canal Officer but an equal area of any lower rated type may be substituted. ### 3. The area sanctioned shall not be exceeded. ### 4. The sanction is liable to be cancelled, or the supply to any crop irrigated under the sanction is liable to be withheld or stopped entirely without notice for breach of any rule to the Gujarat Irrigation and Drainage Rules,2014 or of the conditions of this form of application. ### 5. Water shall be given for the whole season, if available, or at the discretion of the Executive Engineer, for as many watering as may be possible. ### 6. Full water supply is not guaranteed but an intimation of the possibility of a shortage of water during the season for which application is made shall be given at the earliest date possible. ### 7. Where no permanent water channel exist, the irrigator shall allow the construction of a temporary channel through his land, if necessary along a line fixed by the Executive Engineer or his representative, for the benefit of irrigators whose fields are situated below his land. ### 8. The standing charges and variable charges fixed by the State Government from time to time shall be leviable, from each irrigator. ### 9. The standing charges and minimum variable charges shall have to be paid if the application is sanctioned even though no water is taken, so long as water was available. ### 10. The water charges due from the applicant shall be directly deducted by the Co-operative Sugar Factory of which he is a member, from the amount that may be due to him for sale of sugarcane. The Co-operative Sugar Factory shall pay the amount so deducted to the concerned Executive Engineer for crediting the same in to the applicant's account and receipt for payment of the same shall have to be obtained by the applicants from the said Co-operative Sugar Factory. If under any circumstances, it is not possible to effect recovery of water charges in the manner above said, the concerned Canal Officer shall take direct action for recovery of water charges in accordance with rules in force Form C-1 (see rule - 8) Form of Security Bond Whereas I \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ resident of \_\_\_\_\_\_\_\_\_\_\_\_\_\_, Taluka \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, District \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, has applied for a supply of water to irrigate the land herein below described, namely :- | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | | Village | Taluka | Survey No. | Plot no./Block No./ | Area of field to be irrigated | Name of crop or block | Period of Irrigation | | | | | | Ha. Are. | | | and whereas he has been required to furnish security for the payment of water rates and other charges: We \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, resident of \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, Taluka \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, District \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, Taluka District be hereby declare ourselves sureties for the above mentioned that he shall duly pay at the prescribed time or times every rate, charge, penalty or other sum whatsoever that shall become due from him in respect of the supply of water granted to him in pursuance of his said application; and in case of his making default therein we, each of us, for himself, his heirs, executors and administrators agree to pay to the Government of Gujarat such sum not Exceeding in the aggregate rupees as shall be demanded of us either of us or of any heir executor, or administrator of either of us on account of any such rate, charge, penalty or other sum aforesaid; and we do further agree that the amount of any such rate, charge, penalty or other sum aforesaid may, if necessary , be recovered from either of us or from any heir executor or administrator of either of us, as if the same were an arrear of land revenue due from us, of either of us, to Government. Dated and signed this \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ day of \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ 20 in the presence of (1) Name \_\_\_\_\_\_\_\_\_\_\_\_\_\_ and (2) Name \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (Signature of witness )(Signature of surety.) (1) \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (2) \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Form C-2 (see rule - 8) Form of Mortgage Whereas I \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ resident of \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_,Taluka \_\_\_\_\_\_\_\_\_\_\_\_, District \_\_\_\_\_\_\_\_\_\_\_\_\_ have applied for a supply of water from the \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ canal to irrigate land herein below described namely:- | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | | Village | Taluka | Survey No. | Plot no./Block No. | Area of field to be irrigated | Name of crop or block | Period of Irrigation | | | | | | Ha. Are. | | | and whereas he has been required to furnish security for the payment of water rates and other charges in respect of the water supply. I do hereby mortgage to the Government of Gujarat the land herein below described to which I am absolutely entitled free of any encumbrance and of which I am the rightful owner. | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | | District | Taluka | Village | Survey no./Block No./ | Plot No. | Area of holding in the Survey No. | Remark | | | | | | | Ha Are | | and I also I hereby agree for myself, my heirs, executors and administrator that in the event of may failure, to pay any part of the said water rate and other charges at the appointed time and place the Government of Gujarat shall be at liberty to cause the said land to be sold and sale proceed to be applied in payment of the whole amount may be outstanding from me at the time of sale in respect of the said supply of water. And I further agree that it shall be lawful for the Government of Gujarat to cause the said land to be sold without the intervention of the Court under section 69 of the Transfer of Property Act, 1882, in case the said water tare and other charges or any part thereof have not been paid by me within 3 months from the date on which a written notice is served on me after the water rate and other charges have become due. Dated and signed this \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ day of \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ 20 \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_( Signature) | | | | --- | --- | | In presence of | (1) Name \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ and | | | (2) Name \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ | (Signature of witness) (1) \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ and (2) \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Form C- 3 (See rule - 8) Form of mortgage for member of Co-operative Society under section 49 of the Gujarat Co-operative Societies Act, 1961. Whereas I, \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, resident of Village \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, Taluka \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, District \_\_\_\_\_\_\_\_\_\_\_\_, have applied for a supply of water from the \_\_\_\_\_\_\_\_\_\_\_\_\_\_ canal to irrigate the land herein below described, namely :- | | | | | | | | --- | --- | --- | --- | --- | --- | | Village | Taluka | Survey No./Block No. | Area of field to be irrigated | Name of crop | Period of Irrigation | | | | | Ha. Are. | | | and whereas I have been required to furnish security for the payment of water rates and other charges in respect of the water supply. Now, therefore; I do hereby mortgage to the Governor of Gujarat the land here in below described (hereinafter called the said land) to which I am absolutely entitled and of which I am the rightful owner:- | | | | | | | | --- | --- | --- | --- | --- | --- | | District | Taluka | Village | Survey No./ Block No. | Area of holding in the survey No. | Remark | I do hereby declare that I am a member of Society which is a society within the meaning of section 49 of the Gujarat Co-operative Society Act, 1961( Gujarat X of 1962) and I have taken a loan of Rs. \_\_\_\_\_\_\_\_\_ form the said society and by a declaration made by me under clause (a) / (b) of that section I have created a charge on the said land for the payment of the said amount of loan and for all future advance which the said Society may make to me determined by the Society together with interest on such \_\_\_\_\_\_\_\_\_\_ as such member subject to the maximum amount of Rs. \_\_\_\_\_\_\_\_ as determined by the Society together with interest on such amount of the loan and advance I hereby agree for myself my heirs, executors and administrator that in event of my failure, to pay any part of the said water rate and other charges at the appointed time and place the Government of Gujarat shall be at liberty to cause the said land to be sold and the sale process to be applied in payment of the whole amount that may be outstanding from me at the time of sale in respect of the said supply of water. And I further agree that it shall be lawful for the Governor of Gujarat to cause the said land to be sold without the intervention of the Court under section 69 of the Transfer of Property Act,1882, in case the said water rate and other charges or any part there of have not been paid by me within three months from the date on which a written notice is served on me after the water rate and other charges have become due. Dated and signed this \_\_\_\_\_\_\_\_\_ day ........... of 20. (Signature) In the presence of (1) (name) (2) (name) Signature of witness (1) (2) Schedule ---------- (see rule 13) Rates for water supply for various purposes from the State's irrigation reservoirs, canals, notified rivers, culverts and check dams:- (A) Rates for water supplied for Agricultural purposes (Flow Irrigation and Lift Irrigation) :- (1) For Kharif, Ravi and two-season crops Rs. 265.45 per watering per hector (2) For perennial / all-weather crops : Rs. 497.71 per watering per hector. (3) Rates for lift irrigation : (3.1) In cases where water is lifted by the farmer at his own cost :- For lift irrigation, in cases where lifting is at own cost by the farmers the charges shall be applicable at the rate of 1/3 (one-third) of rates prevailing for Flow Irrigation. (3.2) When water is provided by lifting by the Government:- In cases where water is supplied for irrigation from all the lift irrigation schemes (including Narmada-based) of the State where water is supplied from canal or ponds by pipeline or otherwise by lifting at the cost of Government, rates for supply of water shall be Rs. 544.17 per watering per hector. (Since these rates include 20% Local Fund Cess, no Local Fund Cess shall be calculated separately). (3.3) When the water collected in reservoirs through natural flow and the water flows through pipelines by lifting is mixed, detailed calculation of charges to be collected for supply of water is difficult. In such cases, the rates applicable shall be Rs. 265.45 per watering per hector for Kharif, Ravi, Summer and Two-season crops and in case of perennial crops, the rates applicable shall be Rs. 497.71 per watering per hector. (3.4) In cases where farmers fetch water through lifting from reservoirs or river in down stream of check dams, no charges will be levied, however, prior approval of the competent officer shall be obtained. (4) Rates for drip irrigation and sprinkler irrigation : Drip and sprinkler irrigations are the methods which require constant water supply hence in this case, number of hose drains (paan) cannot be determined in traditional manner. Therefore, in cases of drip or sprinkler irrigations, the rates applicable for drip irrigation shall be 35% of the rates applicable for flow irrigation and at the rate of 65% of flow irrigation in case of sprinkler irrigation after calculating number of watering (paan) required for respective crop in respective season and thereby considering total amount derived by calculating the rates as such. (5) Rates for water supplied from check dams : Check dams are being constructed under various schemes in the State at the cost of exchequer, partnership with farmers/group of people and industrial houses and voluntary organization/Trusts. As the small check dams on culverts/streams are being constructed by the farmers/group of people under Sardar Patel Sahabhagi Jal Sanchay Yojana are being constructed for water harvesting, if water is drawn only for agricultural purposes from such small check dams constructed on culverts/streams by the farmers/group of people by maintaining the objective of such schemes, no rates will be assessed for such water drawn. However, if water is drawn from the check dams constructed on rivers under any scheme with assistances or partnership by the Government/industrial houses/ non-governmental organizations/ Trusts, the rates shall be assessed/recovered at the prescribed rates for respective purpose (agriculture, non-agricultural or portable water). (6) Rates for filling village ponds/releasing water from river for irrigation purposes : (a) Whenever the State augment water supply on public demand to fill village ponds and farmers draw water there from by lifting at their own cost for irrigation purposes, the rates of charge leviable shall be at the rate of 1/3g1 (one-third) of rates for lift irrigation as prescribed at Rs. 544.17 per watering per hector for area actually irrigated. Gradual increase as may be effective in case of rates of lift irrigation shall be applicable in this case also. Similarly, in case water is drawn for other purposes with prior permission from the Government, the rates prescribed for such purposes shall be applicable. (b) In cases where permission is granted for release of water to the river, the charges shall be assessed/recovered from the users at the rates prescribed for respective purpose for which water is drawn. Conditions for water supplied for agricultural purpose : The rates for water supply as prescribed above for agricultural purposes shall be subject to the following conditions:- (1) These rates will be gradually escalated at the rate of 7.5% per irrigation year. (2) Local Fund Cess as determined from time to time under the Gujarat Panchayats Act, 1993 shall be leviable. At present, this rate shall be levied at the rate of 20 paise per rupee (at the rate of 20%). However, in case where rate for lift irrigation is fixed at Rs. 544.17, no separate local fund cess shall be charged as the local fund cess is included in the said rate. (3) Simple Interest on outstanding dues shall be recovered at the rate of 12% per annum. (4) Additional 25% assessment will be there in cases of unauthorized irrigation. (5) Concerned provisions of the Gujarat Irrigation and Drainage Act, 2013 and the Gujarat Irrigation and Drainage Rules, 2014 shall be applicable. (6) The horticulturists whose irrigation charges are outstanding does not make payment of full amount of irrigation charges while making application for irrigation during respective season, such applications for irrigation for said season are not being sanctioned at ordinary rates. However, new applications are accepted only if he make payment of entire outstanding amount in addition to the prevalent charges for flow irrigation. Under these circumstances, such defaulter irrigators are prompted to draw water unauthorized without getting sanctioned their application for irrigation. With a view to avoid such situation, in case the defaulter irrigators make advance payment for concerned season's irrigation, such application for irrigation shall be allowed at the ordinary rates. Application form in different colour shall be prescribed for application for irrigation water by such irrigators whose dues for irrigation are outstanding. (B) Rates for supply of water from reservoirs, canals, tube wells, notified rivers and culverts for non-agricultural purpose or purposes other than irrigation :- (1) Rates for row water (un-treated water) for drinking purpose: (For the year 2013-14) The rates for water supply shall be Rs. 1.95 per 1,000 liters. This rate shall be applicable to all the local self government bodies and all other units in addition to Gujarat Water Supply and Sewerage Board. The rates for drinking water shall be increased gradually at the rate of 10% every financial year. (2) Rates of water supplied for industrial purpose : (For the year 2013-14) (Private industries, Central and State Government Public Undertakings, Gujarat Industrial Development Corporation, Gujarat State Electricity Corporation and all non-agricultural water users) The rates for water supply shall be Rs. 16.11 per 1,000 liters. Rates for water supplied for industrial purposes shall be gradually increased by 10% every financial year. Conditions for Water Supplied For Non-Agricultural Purposes :- (1) The Superintending Engineer/Executive Engineer shall not issue permission for drawl of water for non-agricultural purposes. Such permissions shall be obtained from the Government only. (2) Earlier, fixed charges and usage charges were separate for the water supplied non-agricultural purposes which have now been clubbed and the rates as stipulated here in above shall be effective. Thus, separate fixed charges will not be applicable henceforth. (3) The rates shall have to be applied from the point from where the licensee (user) starts drawing water. (4) The licensee institute/unit/industry will have to get sanctioned in writing the annual volume of water required, from the concerned Superintending Engineer before of April every year. In case of failure to do so, reserved water supply of concerned institute/unit/industry shall be considered on the basis of the volume so sanctioned to them during previous year and charges shall be levied thereon. The annual quantum of water required to be sanctioned for a respective year is less than the volume sanctioned originally by the Government to concerned institute/unit/industry, concerned Superintending Engineer may sanction the same. However, if the quantum required to be sanctioned for a particular year is more than the originally sanctioned quantum, concerned Superintending Engineer shall have to forward proposal to the Government before of April of concerned year and obtain sanction at an early date. (5) Several financial complications take place due to obtaining permission for water supply unnecessarily or much prior than actual requirement or getting reservation for water. Therefore, the industries/unit/institution which find it necessary to obtain permission before the time limit of 12 months for drawing water, such industries/unit/institution shall have to pay in advance as security deposit the amount equivalent to water charges for a period of 3 months. Such deposit shall be forfeited if they do not start drawing water within 12 months from the date of permission and the permission granted shall be deemed to have been cancelled automatically. However, if they start drawing water within time limit of 12 months, the amount of deposit paid shall be adjusted in the next bills without interest. (6) In case of unauthorized drawal of water i.e.- (a) Without obtaining permission, (b) Without signing agreement, or (c) Without installing water meter, the penalty shall be assessed to an extent of additional 25% instead of one-and-a-half time of the existing rates and 12% simple interest thereon shall be charged henceforth whereas no service charge will be collected. Otherwise, it will be personal responsibility of the Superintending Engineer/Executive Engineer. However, the concerned Superintending Engineer/Executive Engineer shall not allow anybody to draw unauthorized water so as to see that in any case water is not drawn unauthorized or such activity is not encouraged. Further, no additional penalty shall be assessed in case of drawl of water upto 25% more or less than the reserved quantum of water. In cases where there is no prior permission is obtained for decrease in the reserved quantum and actual drawl is less than 75%, penalty shall be assessed at the rate of 25% on the quantum of water which is used less than 75%. However, if drawl of water is 25% in excess of the reserved quantum, additional penalty at the rate of 25% shall be levied on the volume drawn in excess of originally reserved quantum. (7) While preparing the bills, measurements and assessments of the volume of water released or lifted from the reservoir shall be carried out and not that of water received by the user agency or industry. (8) It shall be sole responsibility of the concerned Executive Engineer to ensure that measurements of quantum of water is carried out with accuracy, it is properly verified and assessed and the bills are prepared in time and issued to the users and regular recovery thereof. Constant monitoring for recovery shall be at the level of Superintending Engineer. (9) The amount of water supply for a period of one month at the rates prescribed for respective user shall be collected in advance before 10th of every month. (10) Simple interest at the rate of 12% shall be charged in case amount of water supplied is not paid within 2 months from the billing date. No service charge will be collected. (11) In case outstanding amount of water bill is not paid within six months from the date of assessment, water supply will be discontinued in such cases. This procedure will be equally applicable in case of public undertakings of the Central and State Government. (12) These rates are for the quantum of water being drawn by respective institution at their own cost from the reservoirs/pond/river/culvert/ canal/check dams etc. In case of a user who intend to draw water through canal, concerned S.E. shall carry out additional assessment in addition to the rates so prescribed, with respect to expenditure as may be required to be made for canals/structures etc. and obtain permission from the Government in this regard and the work shall be commenced only after advance recovery of such expenditure. If purified water is to be supplied at the site of user by lifting and flowing through pipelines or canal, charges for the same shall be calculated after taking into consideration the actual expenditure required to be made, if any, for the same in addition to the charges as prescribed here in above. (13) Local self-government organizations - Village Panchayats, Nagar Panchayats, Municipalities, Municipal Corporations, Gujarat Industrial Development Corporation, Gujarat Water supply and Sewerage Board, Gujarat State Electricity Corporation or other individual users shall not divert from their sanction volume of water to any industry or for drinking water purposes from the volume sanctioned for industrial purpose, without obtaining permission from the Government. Even if it is done so after permission from the Government, the concerned Superintending Engineer shall obtain information in this regard and forward same to the Government and after recovering at the rates accordingly, deposit with the Government such amount recovered. (14) Assessment in case of Gujarat State Electricity Corporation shall be to an extent of actual consumption of water. Meaning thereby, if a part of quantum of water is surrendered out of the allocated quantum of water which can be utilized for irrigation purposes, the assessment in such case will be for the actual quantum of water consumed after deducting the quantum of water returned. (15) In individual cases where the rates fixed are less than the rates prescribed under these Rules, revised rates shall be applicable in all such cases. In individual cases where different rates are prescribed and validity of such rates are not still over, concerned Superintending Engineer shall have to furnish proposals separately. (16) While signing agreements, Bank Guarantee from Nationalized Banks can be accepted as Security Deposit in all the cases. Such Bank Guarantees should have been obtained only from the Nationalized Banks based in Gujarat. Bank Guarantees of other banks shall not be acceptable. (17) Amount of Rs. 501/- (Rupees Five Hundred one only) shall be charged towards license fee while signing agreement with users procuring water for non-agricultural usage. (18) Relevant provisions of the Gujarat Irrigation and Drainage Act, 2013 and the Gujarat Irrigation and Drainage, Canal Rules, 2014 shall also be applicable. (19) The rates for quantum of supply of water for a specific quantum shall be mentioned in respective clause of provision in the Agreement by institution/industry/unit which gets reserve in writing the quantum of water with the concerned Superintending Engineer before 1st of April every year. In case the user reserve nil volume for a particular year, rates shall be mentioned accordingly in relevant clause in the agreement and not as per the original quantum sanctioned. (20) In agreement also, the amount equivalent to three months' water charges shall be mentioned as a security deposit considering the normal rates for supply of water for respective year, i.e. to say the amount shall be mentioned in the agreement by calculating as "equivalent to three months' water chares". Even if consumption is less than the quantum as reserved as on ls` of April of the year, the user shall be made to deposit in advance the charges as per quantum as reserved by the user on 1st of April of that year. In case if user wish during the year to have increase in the quantum than the quantum reserved, prior permission shall be obtained from the Government as a special case and the charges and security deposit amount for whole of the year shall be got deposited as per rule corresponding with the increased quantum. (21) Local fund cess under the Gujarat Panchayats Act, 1993 shall not be collected on the charges of water supplied for non-agricultural purposes. (22) In case of industrial units, charges on supply of water by the Water Resources Department for their workers and other residents shall be assessed on the basis of 70 liters per person per day according to their population at the rates so fixed for drinking water supply whereas for remaining supply, the assessment of charges shall be on industrial rates as mentioned herein above. Whenever such licensee institution seek permission for drinking water out of their sanctioned quota for industrial purpose, the concerned Superintending Engineer must verify number of persons/statistics of users of drinking water and forward a proposal along with certificate in this regard to the government for approval for drinking water usage and obtain permission from the Government. Such population shall not include floating population. For such permission, the industry must install separate scientific meters with permission from the Department for measuring volume for both the purposes. The water supplied for drinking water purpose shall be filtered one hence the volume supplied shall be measured by installing meters at the colonies/village/towns as may be supplied water beyond such filter plants. Wherever arrangement for installation of meters is not possible, rates for entire volume shall be charged as per schedule of charges for industrial purpose. Separate permissions for quantum of water for industrial use and drinking water purpose shall be obtained from the level of Government. Although it will require permission from the Government in case it is for the first time. After sanction from the Government level, no separate permission from the Government will be necessary at the time of annual reservation of water where same quantum of water is proposed to be reserved for both the use or in case there is decrease in the originally sanctioned quantum of water. However, if there is increase in quantum, permission from the Government shall be essential. After the quantum is sanctioned, no fresh agreement shall be required if there is already an agreement signed with such industry. However, the letter of sanction shall be considered to be part of such agreement. (C) Rates for Water Released for Fisheries :- (1) For filling the ponds for fisheries industry, rate for supply of water through flow from canals of flow irrigation schemes shall be Rs. 6.60 per 10,000 liters This rate is for filling the ponds during the ongoing irrigation. (2) Gradual price escalation shall be considered at the rate of 7.5% every financial year. (3) Measurements of volume of water shall be taken at the respective canal only. There shall be no exclusive water supply for filling ponds for fisheries industries purposes. (4) Concerned institution/unit shall procure water only after getting necessary permission from the Government and after signing agreement with the concerned Executive Engineer Procurement of water without following such process shall be deemed to be unauthorized act and the assessment/recovery shall be at the penal rates with interest. (5) If amount of water bill is not paid within six months, water supply will be discontinued. Amount of bill is not paid within two months from the date of bill, simple interest at the rate of 12% shall be charged. (6) The amount equivalent to charges for one month's supply of water at the prescribed rates shall be recovered in advance from the users before 10th of every month.

65ba7f18ab84c7eca86ebb6b

acts

Union of India - Act ---------------------- Insolvency and Bankruptcy Board of India (Voluntary Liquidation Process) Regulations, 2017 -------------------------------------------------------------------------------------------- UNION OF INDIA India Insolvency and Bankruptcy Board of India (Voluntary Liquidation Process) Regulations, 2017 ============================================================================================ Rule INSOLVENCY-AND-BANKRUPTCY-BOARD-OF-INDIA-VOLUNTARY-LIQUIDATION-PROCESS-REGULATIONS-2017 of 2017 ------------------------------------------------------------------------------------------------------ * Published on 31 March 2017 * Commenced on 31 March 2017 Insolvency and Bankruptcy Board of India (Voluntary Liquidation Process) Regulations, 2017 Published vide Notification No. IBBI/2016-17/GN/REG010, dated 31.3.2017 Last Updated 20th January, 2020 IBBI/2016-17/GN/REG010. - In exercise of the powers conferred by sections 59, 196 and 208 read with section 240 of the Insolvency and Bankruptcy Code, 2016 (31 of 2016), the Board hereby makes the following Regulations, namely: Chapter I Preliminary -------------------------- ### 1. Short title and commencement. (1) These Regulations may be called the Insolvency and Bankruptcy Board of India (Voluntary Liquidation Process) Regulations, 2017. (2) These Regulations shall come into force on 1st April, 2017. (3) These Regulations shall apply to the voluntary liquidation of corporate persons under Chapter V of Part II of the Insolvency and Bankruptcy Code, 2016. ### 2. Definitions. (1) In these Regulations, unless the context otherwise requires (a) "Code" means the Insolvency and Bankruptcy Code, 2016; (b) "contributory" means a member of a company, partner of a limited liability partnership, and any other person liable to contribute towards the assets of the corporate person in the event of its liquidation; (ba) [ "Corporate Voluntary Liquidation Account" means the Corporate Voluntary Liquidation Account operated and maintained by the Board under regulation 39;] [Inserted by Notification No. IBBI/2019-20/GN/REG054, dated 15.1.2020 (w.e.f. 31.3.2007).] (c) "liquidation commencement date" means the date on which the proceedings for voluntary liquidation commence as per section 59(5) and Regulation 3(4); (d) "Registrar" shall have the same meaning assigned to it under section 2(75) of the Companies Act, 2013 or section 2(1)(s)of the Limited Liability Partnership Act, 2008 or the authority administering the Act under which the corporate person is incorporated, as applicable; (e) "section" means a section of the Code; and (f) "stakeholders" mean the stakeholders entitled to proceeds from the sale of liquidation assets under section 53. (2) The term liquidation in these Regulations refers to voluntary liquidation. (3) Unless the context otherwise requires, words and expressions used and not defined in these Regulations, but defined in the Code, shall have the meanings assigned to them in the Code. Chapter II Commencement of Liquidation ------------------------------------------- ### 3. Initiation of Liquidation. (1) Without prejudice to section 59(2), liquidation proceedings of a corporate person shall meet the following conditions, namely: - (a) a declaration from majority of (i) the designated partners, if a corporate person is a limited liability partnership, (ii) individuals constituting the governing body in case of other corporate persons, as the case may be, verified by an affidavit stating that - (i) they have made a full inquiry into the affairs of the corporate person and they have formed an opinion that either the corporate person has no debt or that it will be able to pay its debts in full from the proceeds of assets to be sold in the liquidation; and (ii) the corporate person is not being liquidated to defraud any person; (b) the declaration under sub-clause (a) shall be accompanied with the following documents, namely: - (i) audited financial statements and record of business operations of the corporate person for the previous two years or for the period since its incorporation, whichever is later; (ii) a report of the valuation of the assets of the corporate person, if any prepared by a registered valuer; (c) within four weeks of a declaration under sub-clause (a), there shall be (i) a resolution passed by a special majority of the partners or contributories, as the case may be,of the corporate person requiring the corporate person to be liquidated and appointing an insolvency professional to act as the liquidator; or (ii) a resolution of the partners or contributories, as the case may be, requiring the corporate person to be liquidated as a result of expiry of the period of its duration, if any, fixed by its constitutional documents or on the occurrence of any event in respect of which the constitutional documents provide that the corporate person shall be dissolved, as the case may be, and appointing an insolvency professional to act as the liquidator: Provided that the corporate person owes any debt to any person, creditors representing two-thirds in value of the debt of the corporate person shall approve the resolution passed under sub-clause (c) within seven days of such resolution. (2) The corporate person shall notify the Registrar and the Board about the resolution under sub-regulation (1) to liquidate the corporate person within seven days of such resolution or the subsequent approval by the creditors, as the case may be. (3) Subject to approval of the creditors under sub-regulation (1), the liquidation proceedings in respect of a corporate person shall be deemed to have commenced from the date of passing of the resolution under sub-clause (c)of sub-regulation (1): Explanation. - For the purposes of sub-regulations (1) to (3), corporate person means a corporate person other than a company. (4) The declaration under sub-regulation (1)(a) or under section 59(3)(a) shall list each debt of the corporate person as on that date and state that the corporate person will be able to pay all its debts in full from the proceeds of assets to be sold in the liquidation. ### 4. Effect of liquidation. (1) The corporate person shall from the liquidation commencement date cease to carry on its business except as far as required for the beneficial winding up of its business. (2) Notwithstanding the provisions of subsection (1), the corporate person shall continue to exist until it is dissolved under section 59(8). Chapter III Appointment and Remuneration of Liquidator ----------------------------------------------------------- ### 5. Appointment of Liquidator. (1) An insolvency professional shall not be appointed by a corporate person if he is not eligible under Regulation 6. (2) The resolution passed under regulation 3(2)(c) or under section 59(3)(c), as the case may be, shall contain the terms and conditions of the appointment of the liquidator, including the remuneration payable to him. ### 6. Eligibility for appointment as liquidator. (1) An insolvency professional shall be eligible to be appointed as a liquidator if he, and every partner or director of the insolvency professional entity of which he is a partner or director is independent of the corporate person: Explanation. - A person shall be considered independent of the corporate person, if he (a) is eligible to be appointed as an independent director on the board of the corporate person under section 149of the Companies Act, 2013 (18of 2013), where the corporate person is a company; (b) is not a related party of the corporate person; or (c) has not been an employee or proprietor or a partner (i) of a firm of auditors or [secretarial auditors] [Substituted 'company secretaries' by Notification No. IBBI/2019-20/GN/REG039, dated 15.1.2019 (w.e.f. 31.3.2017).] or cost auditors of the corporate person; or (ii) of a legal or a consulting firm, that has or had any transaction with the corporate person contributing ten per cent or more of the gross turnover of such firm,at any time in the last three years. (2) An insolvency professional shall not be eligible to be appointed as a liquidator if he, or the insolvency professional entity of which he is a partner or director is under a restraint order of the Board. (3) A liquidator shall disclose the existence of any pecuniary or personal relationship with the concerned corporate person or any of its stakeholders as soon as he becomes aware of it, to the Board and the Registrar. (4) An insolvency professional shall not continue as a liquidator if the insolvency professional entity of which he is a director or partner, or any other partner or director of such insolvency professional entity represents any other stakeholder in the same liquidation. ### 7. Liquidator's remuneration. - The remuneration payable to the liquidator shall form part of the liquidation cost. Chapter IV Powers and Functions of The Liquidator ------------------------------------------------------ ### 8. Reporting. (1) The liquidator shall prepare and submit (a) Preliminary Report; (b) Annual Status Report; (c) Minutes of consultations with stakeholders; and (d) Final Report in the manner specified under these Regulations. (2) Subject to other provisions of these Regulations, the liquidator shall make the reports and minutes referred to sub-regulation (1) available to a stakeholder in either electronic or physical form, on receipt of (a) an application in writing; (b) cost of making such reports available to it; and (c) an undertaking from the stakeholder that it shall maintain confidentiality of such reports and shall not use these to cause an undue gain or undue loss to itself or any other person. ### 9. Preliminary Report. (1) The liquidator shall submit a Preliminary Report to the corporate person within forty five days from the liquidation commencement date, detailing (a) the capital structure of the corporate person; (b) the estimates of its assets and liabilities as on the liquidation commencement date based on the books of the corporate person: Provided that if the liquidator has reasons to believe, to be recorded in writing, that the books of the corporate person are not reliable, he shall also provide such estimates based on reliable records and data otherwise available to him; (c) Whether he intends to make any further inquiry in to any matter relating to the promotion, formation or failure of the corporate person or the conduct of the business thereof; and (d) the proposed plan of action for carrying out the liquidation, including the timeline within which he proposes to carry it out and the estimated liquidation costs. ### 10. Registers and books of account. (1) Where the books of account of the corporate person are incomplete on the liquidation commencement date, the liquidator shall have them completed and brought upto date, with all convenient speed. (2) The liquidator shall maintain the following registers and books, as may be applicable, in relation to the liquidation of the corporate debtor: (a) Cash Book; (b) Ledger; (c) Bank Ledger; (d) Register of Fixed Assets and Inventories; (e) Securities and Investment Register; (f) Register of Book Debts and Outstanding Debts; (g) Tenants Ledger; (h) Suits Register; (i) Decree Register; (j) Register of Claims and Dividends; (k) Contributories Ledger; (l) Distributions Register; (m) Fee Register; (n) Suspense Register; (o) Documents Register; (p) Books Register; (q) [ Register of unclaimed dividends and undistributed proceeds; and] [Substituted by Notification No. IBBI/2019-20/GN/REG054, dated 15.1.2020 (w.e.f. 31.3.2007).] (r) such other books or registers as may be necessary to account for transactions entered into by him in relation to the corporate debtor. (3) The registers and books under sub-regulation (2) may be maintained in the forms indicated in Schedule II, with such modifications as the liquidator may deem fit in the facts and circumstances of the liquidation. (4) The liquidator shall keep receipts for all payments made or expenses incurred by him. ### 11. Engagement of professionals. (1) A liquidator may engage professionals to assist him in the discharge of his duties, obligations and functions for a reasonable remuneration and such remuneration shall form part of the liquidation cost. (2) The liquidator shall not engage a professional under sub-regulation (1) who is his relative, is a related party of the corporate person or has served as an auditor to the corporate person at any time during the five years preceding the liquidation commencement date. (3) A professional engaged or proposed to be engaged under sub-regulation (1) shall disclose the existence of any pecuniary or personal relationship with any of the stakeholders, or the corporate person as soon as he becomes aware of it, to the liquidator. ### 12. Consultation with stakeholders. (1) The stakeholders consulted under section 35(2) shall extend all assistance and cooperation to the liquidator to complete the liquidation of the corporate person. (2) The liquidator shall maintain the particulars of any consultation with the stakeholders made under this Regulation. ### 13. Extortionate credit transactions. - A transaction shall be considered an extortionate credit transaction under section 50(2) where the terms (a) require the corporate person to make exorbitant payments in respect of the credit provided; or (b) are unconscionable under the principles of law relating to contracts. ### 14. Public announcement by the liquidator. (1) The liquidator shall make a public announcement in Form A of Schedule I within five days from his appointment. (2) The public announcement shall - (a) call upon stakeholders to submit their claims as on the liquidation commencement date; and (b) provide the last date for submission of claim, which shall be thirty days from the liquidation commencement date. (3) The announcement shall be published - (a) in one English and one regional language newspaper with wide circulation at the location of the registered office and principal office, if any,of the corporate person and any other location where in the opinion of the liquidator, the corporate person conducts material business operations; (b) on the website, if any,of the corporate person; and (c) on the website, if any, designated by the Board for this purpose. Chapter V Claims --------------------- ### 15. Proof of claim. - A person, who claims to be a stakeholder, shall prove his claim for debt or dues to him, including interest, if any, as on the liquidation commencement date. ### 16. Claims by operational creditors. (1) A person claiming to be an operational creditor of the corporate person, other than a workman or employee, shall submit proof of claim to the liquidator in person, by post or by electronic means in Form B of Schedule I. (2) The existence of debt due to an operational creditor under this Regulation may be proved on the basis of (a) the records available with an information utility; or (b) other relevant documents which adequately establish the debt, including any of the following - (i) a contract for the supply of goods or services with corporate person, supported by an invoice demanding payment for the goods and services supplied to the corporate person; (ii) an order of a court or tribunal that has adjudicated upon the non-payment of a debt, if any; and (iii) financial accounts of the corporate person. ### 17. Claims by financial creditors. (1) A person claiming to be a financial creditor of the corporate person shall submit proof of claim to the liquidator in electronic means in Form C of Schedule I. (2) The existence of debt due to the financial creditor may be proved on the basis of (a) the records available in an information utility; or (b) other relevant documents which adequately establish the debt, including any or all of the following (i) a financial contract supported by financial statements as evidence of the debt; (ii) a record evidencing that the amounts committed by the financial creditor to the corporate person under a facility has been drawn by the corporate person; (iii) financial statements showing that the debt has not been repaid; and (iv) an order of a court or tribunal that has adjudicated upon the non-payment of a debt, if any. ### 18. Claims by workmen and employees. (1) A person claiming to be a workman or an employee of the corporate person shall submit proof of claim to the liquidator in person, by post or by electronic means in Form D of Schedule I. (2) Where there are dues to numerous workmen or employees of the corporate person, an authorized representative may submit one proof of claim for all such dues on their behalf in Form E of Schedule I. (3) The existence of dues to workmen or employees may be proved by them, individually or collectively, on the basis of (a) records available in an information utility; or (b) other relevant documents which adequately establish the dues, including any or all of the following. (i) a proof of employment such as contract of employment for the period for which such workman or employee is claiming dues; (ii) evidence of notice demanding payment of unpaid amount and any documentary or other proof that payment has not been made; and (iii) an order of a court or tribunal that has adjudicated upon the nonpayment of dues, if any. (4) The liquidator shall admit the claims of a workman or an employee on the basis of the books of account of the corporate person if such workman or employee has not made a claim. ### 19. Claims by other stakeholders. (1) A person, claiming to be a stakeholder other than those under Regulations 16, 17 or 18 shall submit proof of claim to the liquidator in person, by post or by electronic means in Form F of Schedule I. (2) The existence of the claim of the stakeholder may be proved on the basis of - (a) the records available in an information utility; or (b) other relevant documents which adequately establish the claim, including any or all of the following (i) documentary evidence of notice demanding payment of unpaid amount or bank statements of the claimant showing that the claim has not been paid and an affidavit that the documentary evidence and bank statements are true, valid and genuine; (ii) documentary or electronic evidence of his shareholding; and (iii) an order of a court, tribunal or other authority that has adjudicated upon the nonpayment of a claim, if any. ### 20. Proving security interest. - The existence of a security interest may be proved by a secured creditor on the basis of - (a) the records available in an information utility; (b) certificate of registration of charge issued by the Registrar of Companies; (c) proof of registration of charge with the Central Registry of Securitisation Asset Reconstruction and Security Interest of India; or (d) other relevant documents which adequately establish the security interest. ### 21. Production of bills of exchange and promissory notes. - Where a person seeks to prove a debt in respect of a bill of exchange, promissory note or other negotiable instrument or security of a like nature for which the corporate person is liable, such bill of exchange, note, instrument or security, as the case may be, shall be produced before the liquidator before the claim is admitted. ### 22. Substantiation of claims. - The liquidator may call for such other evidence or clarification as he deems fit from a claimant for substantiating the whole or part of its claim. ### 23. Cost of proof. (1) A claimant shall bear the cost of proving its claim. (2) Costs incurred by the liquidator for verification and determination of a claim shall form part of liquidation cost: Provided that if a claim or part of the claim is found to be false, the liquidator shall endeavor to recover the costs incurred for verification and determination of claim from such claimant, and shall provide the details of the claimant to the Board. ### 24. Determination of quantum of claim. - Where the amount claimed by a claimant is not precise due to any contingency or any other reason, the liquidator shall make the best estimate of the amount of the claim, based on consultation with the claimant and the corporate person and the information available with him. ### 25. Debt in foreign currency. - The claims denominated in foreign currency shall be valued in Indian currency at the official exchange rate as on the liquidation commencement date. Explanation. - "The official exchange rate" is the reference rate published by the Reserve Bank of India or derived from such reference rates. ### 26. Periodical payments. - In the case of rent, interest and such other payments of a periodical nature, a person may claim only for any amounts due and unpaid up to the liquidation commencement date. ### 27. Debt payable at future time. (1) A person may prove for a claim whose payment was not yet due on the liquidation commencement date and is entitled to distribution in the same manner as any other stakeholder. (2) Subject to any contract to the contrary, where a stakeholder has proved for a claim under sub-regulation (1), and the debt has not fallen due before distribution, he is entitled to distribution of the admitted claim reduced as follows X/ (1+r)n where - (a) "X" is the value of the admitted claim; (b) "r" is the closing yield rate (%)of government securities of the maturity of "n" on the date of distribution as published by the Reserve Bank of India; and (c) "n" is the period beginning with the date of distribution and ending with the date on which the payment of the debt would otherwise be due, expressed in years and months in a decimalized form. ### 28. Mutual credits and set-off. - Where there are mutual dealings between the corporate person and another party, the sums due from one party shall be set-off against the sums due from the other to arrive at the net amount payable to the corporate person or to the other party. Illustration. - X owes Rs.100 to the corporate person. The corporate person owes Rs.70 to X. After set-off, Rs.30 is payable by X to the corporate person. ### 29. Verification of claims. (1) The liquidator shall verify the claims submitted within thirty days from the last date for receipt of claims and may either admit or reject the claim, in whole or in part, as the case may be, as per section 40 of the Code. (2) A creditor may appeal to the Adjudicating Authority against the decision of the liquidator as per section 42of the Code. ### 30. List of stakeholders. (1) The liquidator shall prepare a list of stakeholders on the basis of proofs of claims submitted and accepted under these Regulations, with - (a) the amounts of claim admitted, if applicable, (b) the extent to which the debts or dues are secured or unsecured, if applicable, (c) the details of the stakeholders, and (d) the proofs admitted or rejected in part, and the proofs wholly rejected. (2) The liquidator shall prepare the list of stakeholders within forty-five days from the last date for receipt of claims. (3) The list of stakeholders, as modified from time to time, shall be (a) available for inspection by the persons who submitted proofs of claim; (b) available for inspection by members, partners, directors and guarantors of the corporate person; (c) displayed on the website, if any,of the corporate person; (d) displayed on the website, if any, designated by the Board for this purpose. Chapter VI Realisation of Assets ------------------------------------- ### 31. Manner of sale. - The liquidator may value and sell the assets of the corporate person in the manner and mode approved by the corporate person in compliance with provisions, if any, in the applicable statute. Explanation. - "assets" include an asset, all assets, a set of assets or parcel of assets, as the case may be, in relation to sale of assets. ### 32. Recovery of monies due. - The liquidator shall endeavor to recover and realize all assets of and dues to the corporate person in a time bound manner for maximization of value for the stakeholders. ### 33. Liquidator to realize uncalled capital or unpaid capital contribution. (1) The liquidator shall realize any amount due from any contributory to the corporate person. (2) Notwithstanding any charge or encumbrance on the uncalled capital of the corporate person, the liquidator shall be entitled to call and realize the uncalled capital of the corporate person and to collect the arrears if any due on calls made prior to the liquidation commencement date, by providing a notice to the contributory to make the payments within fifteen days from the receipt of the notice, but shall hold all moneys so realized subject to the rights, if any,of the holder of any such charge or encumbrance. (3) No distribution shall be made to a contributory, unless he makes his contribution to the uncalled or unpaid capital as required in the constitutional documents of the corporate person. Chapter VII Proceeds of Liquidation and Distribution of Proceeds --------------------------------------------------------------------- ### 34. All money to be paid in to bank account. (1) The liquidator shall open a bank account in the name of the corporate person followed by the words in voluntary liquidation', in a scheduled bank, for the receipt of all moneys due to the corporate person. (2) The liquidator shall pay to the credit of the bank account opened under sub-regulation (1) all moneys, including cheques and demand drafts received by him as the liquidator of the corporate person, and the realizations of each day shall be deposited into the bank account without any deduction not later than the next working day. (3) The money in the credit of the bank account shall not be used except in accordance with section 53(1). (4) All payments out of the account by the liquidator above five thousand rupees shall be made by cheques drawn or online banking transactions against the bank account. ### 35. Distribution. (1) The liquidator shall distribute the proceeds from realization within six months from the receipt of the amount to the stakeholders. (2) The liquidation costs shall be deducted before such distribution is made. (3) The liquidator may, with the approval of the corporate person, distribute amongst the stakeholders, an asset that cannot be readily or advantageously sold due to its peculiar nature or other special circumstances. ### 36. Return of money. - A stakeholder shall forthwith return any monies received by him in distribution, which he was not entitled to at the time of distribution, or subsequently became not entitled to. ### 37. Completion of liquidation. (1) The liquidator shall endeavor to complete the liquidation process of the corporate person within twelve months from the liquidation commencement date. (2) In the event of the liquidation process continuing for more than twelve months, the liquidator shall - (a) hold a meeting of the contributories of the corporate person within fifteen days from the end of the twelve months from the liquidation commencement date, and at the end every succeeding twelve months till dissolution of the corporate person; and (b) shall present an Annual Status Report(s) indicating progress in liquidation, including - (i) settlement of list of stakeholders, (ii) details of any assets that remains to be sold and realized, (iii) distribution made to the stakeholders, and (iv) distribution of unsold assets made to the stakeholders; (v) developments in any material litigation, by or against the corporate person; and (vi) filing of, and developments in applications for avoidance of transactions in accordance with Chapter III of Part II of the Code. (3) The Annual Status Report shall enclose the audited accounts of the liquidation showing the receipts and payments pertaining to liquidation since the liquidation commencement date. ### 38. Final Report. (1) On completion of the liquidation process, the liquidator shall prepare the Final Report consisting of (a) audited accounts of the liquidation, showing receipts and payments pertaining to liquidation since the liquidation commencement date; and (b) a statement demonstrating that (i) the assets of the corporate person has been disposed of; (ii) the debt of the corporate person has been discharged to the satisfaction of the creditors; (iii) no litigation is pending against the corporate person or sufficient provision has been made to meet the obligations arising from any pending litigation. (c) a sale statement in respect of all assets containing (i) the realized value; (ii) cost of realization, if any; (iii) the manner and mode of sale; (iv) an explanation for the shortfall, if the value realized is less than the value assigned by the registered valuer in the report of the valuation of assets under section 59(3)(b)(ii) or Regulation 3(1)(b)(ii), as the case may be; (v) the person to whom the sale is made; and (vi) any other relevant details of the sale. (2) The liquidator shall send the Final Report forthwith, to the Registrar and the Board. (3) The liquidator shall submit the Final Report to the Adjudicating Authority along with the application under section 59(7). ### 39. [ Corporate Voluntary Liquidation Account. [Substituted by Notification No. IBBI/2019-20/GN/REG054, dated 15.1.2020 (w.e.f. 31.3.2007).] (1) The Board shall operate and maintain an Account to be called the Corporate Voluntary Liquidation Account in the Public Accounts of India: Provided that until the Corporate Voluntary Liquidation Account is operated as part of the Public Accounts of India, the Board shall open a separate bank account with a Scheduled bank for the purposes of this regulation. (2) A liquidator shall deposit the amount of unclaimed dividends, if any, and undistributed proceeds, if any, in a liquidation process along with any income earned thereon till the date of deposit, into the Corporate Voluntary Liquidation Account before he submits an application under sub-section (7) of section 59. (3) A liquidator, who holds any amount of unclaimed dividends or undistributed proceeds in a liquidation process on the date of commencement of the Insolvency and Bankruptcy Board of India (Voluntary Liquidation Process) (Amendment) Regulations, 2020, shall deposit the same within fifteen days of the date of such commencement, along with any income earned thereon till the date of deposit. (4) A liquidator, who fails to deposit any amount into the Corporate Voluntary Liquidation Account under this regulation, shall deposit the same along with interest thereon at the rate of twelve percent per annum from the due date of deposit till the date of deposit. (5) A liquidator shall submit to the authority with which the corporate person is registered and the Board, the evidence of deposit of the amount into the Corporate Voluntary Liquidation Account under this regulation, and a statement in Form-G setting forth the nature of the amount deposited into the Corporate Voluntary Liquidation Account, and the names and last known addresses of the stakeholders entitled to receive the unclaimed dividends or undistributed proceeds. (6) The liquidator shall be entitled to a receipt from the Board for any amount deposited into the Corporate Voluntary Liquidation Account under this regulation. (7) A stakeholder, who claims to be entitled to any amount deposited into the Corporate Voluntary Liquidation Account, may apply to the Board in Form-H for an order for withdrawal of the amount: Provided that if any other person other than the stakeholder claims to be entitled to any amount deposited to the Corporate Voluntary Liquidation Account, he shall submit evidence to satisfy the Board that he is so entitled. (8) The Board may, if satisfied that the stakeholder or any other person referred to under sub-regulation (7) is entitled to withdrawal of any amount from the Corporate Voluntary Liquidation Account, make an order for the same in favour of that stakeholder or that other person. (9) The Board shall maintain a corporate person-wise ledger of the amount deposited into and the amount withdrawn from the Corporate Voluntary Liquidation Account under this regulation. (10) The Board shall nominate an officer of the level of Executive Director of the Board as the custodian of the Corporate Voluntary Liquidation Account and no proceeds shall be withdrawn without his approval. (11) The Board shall maintain proper accounts of the Corporate Voluntary Liquidation Account and get the same audited annually. (12) The audit report along with the statement of accounts of the Corporate Voluntary Liquidation Account referred to in sub-regulation (11) shall be placed before the Governing Board and shall be forwarded to the Central Government. (13) Any amount deposited into the Corporate Voluntary Liquidation Account in pursuance of this regulation, which remains unclaimed or undistributed for a period of fifteen years from the date of order of dissolution of the corporate person and any amount of income or interest received or earned in the Corporate Voluntary Liquidation Account shall be transferred to the Consolidated Fund of India.] ### 40. Detection of Fraud or Insolvency. (1) Where the liquidator is of the opinion that the liquidation is being done to defraud a person, he shall make an application to the Adjudicatory Authority to suspend the process of liquidation and pass any such orders as it deems fit. (2) Where the liquidator is of the opinion that the corporate person will not be able to pay its debts in full from the proceeds of assets to be sold in the liquidation, he shall make an application to the Adjudicating Authority to suspend the process of liquidation and pass any such orders as it deems fit. ### 41. Preservation of records. - The liquidator shall preserve a physical or an electronic copy of the reports, registers and books of account referred to in Regulations 8 and 10 for at least eight years after the dissolution of the corporate person, either with himself or with an information utility. I --- Form A Public Announcement (Regulation 14 of the Insolvency and Bankruptcy Board of India (Voluntary Liquidation Process) Regulations, 2017) For The Attention of The Stakeholders of [Name of Corporate Person] | | | | | --- | --- | --- | | 1. | Name of Corporate Person | | | 2. | Date of Incorporation of Corporate Person | | | 3. | Authority Under Which Corporate Person Is Incorporated / Registered | | | 4. | Corporate Identity Number / Limited Liability Identity Number of Corporate Person | | | 5. | Address of The Registered office and Principal office (If Any)of Corporate Person | | | 6. | Liquidation Commencement Date of Corporate Person | | | 7. | Name, Address, Email Address, Telephone Number and The Registration Number of The Liquidator | | | 8. | Last Date For Submission of Claims | | Notice is hereby given that the [name of the corporate person] has commenced voluntary liquidation on [liquidation commencement date]. The stakeholders of [name of the corporate person] are hereby called upon to submit a proof of their claims, on or before [insert the date falling thirty days from the liquidation commencement date] [Substituted 'insert the date falling thirty days after the liquidation commencement date' by Notification No. IBBI/2019-20/GN/REG039, dated 15.1.2019 (w.e.f. 31.3.2017).] , to the liquidator at the address mentioned against item 7. The financial creditors shall submit their proof of claims by electronic means only. All other stakeholders may submit the proof of claims in person, by post or by electronic means. Submission of false or misleading proofs of claim shall attract penalties. Name and Signature of the Liquidator: Date and Place: Form B Proof of Claim by Operational Creditors Except Workmen and Employees (Under Regulation 16 of the Insolvency and Bankruptcy Board of India (Voluntary Liquidation Process) Regulations, 2017) [Date] To The Liquidator [Name of the Liquidator] [Address as set out in the public announcement] From [Name and address of the operational creditor] Subject: Submission of proof of claim in respect of the voluntary liquidation of [name of corporate person] under the Insolvency and Bankruptcy Code, 2016. Madam/Sir, [Name of the operational creditor] hereby submits this proof of claim in respect of the voluntary liquidation of [name of corporate person]. The details for the same are set out below: | | | | | --- | --- | --- | | 1. | Name of Operational Creditor(If An Incorporated Body Provide Identification Number and Proof of Incorporation, If A Partnership Or Individual Provide Identification Records\*of All The Partners Or The Individual) | | | 2. | Address of Operational Creditor For Correspondence | | | 3. | Total Amount of Claim, Including Any Interest, As At Voluntary Liquidation Process Commencement Date and Details of Nature of Claim | | | 4. | Details of Any Dispute As Well As The Record of Pendency of Suit Or Arbitration Proceedings | | | 5. | Details of How and When Debt Incurred | | | 6. | Details of Any Mutual Credit, Mutual Debts, or Other Mutual Dealings Between The Corporate Person and The Operational Creditor Which May Be Set-off Against The Claim | | | 7. | Details of Any Retention of Title In Respect of Goods or Properties To Which The Debt Refers or Any Other Security | | | 8. | Details of Any Assignment Or Transfer of Debt In His Favour | | | 9. | Details of The Bank Account To Which The Operational Creditor's Share of The Proceeds of Liquidation Can Be Transferred | | | 10. | List Out and Attach The Documents Relied On In Support of The Claim. | | | | | | --- | --- | | Signature of operational creditor or person authorised to act on his behalf (Please enclose the authority if this is being submitted on behalf of the operational creditor) | | | Name in Block Letters | | | Position with or in relation to creditor | | | Address of person signing | | \*PAN, Passport, AADHAAR Card or the identity card issued by the Election Commission of India. Affidavit I, [name of deponent], currently residing at [address of deponent], do solemnly affirm and state as follows: ### 1. The above named corporate person was, at liquidation commencement date, that is, the \_\_\_\_\_\_\_\_\_\_ day of \_\_\_\_\_\_\_\_\_\_ 20\_\_\_\_\_\_ and still is, justly and truly indebted to me [or to me and[insert name of copartners], my copartners in trade, or, as the case may be] for a sum of Rs. \_\_\_\_\_\_\_\_\_\_ for \_\_\_\_\_ [please state consideration]. ### 2. In respect of my claim of the said sum or any part thereof, I have relied on and the documents specified below: [Please list out the documents relied on as evidence of debt.] ### 3. The said documents are true, valid and genuine to the best of my knowledge, information and belief. ### 4. In respect of the said sum or any part thereof, I have not, nor have my partners or any of them, nor has any person, by my/our order, to my/our knowledge or belief, for my/ our use, had or received any manner of satisfaction or security whatsoever, save and except the following: [Please state details of any mutual credit, mutual debts, or other mutual dealings between the corporate person and the operational creditor which may be set-off against the claim.] Solemnly, affirmed at \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ on \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ day, the \_\_\_\_\_\_\_\_\_\_day of\_\_\_\_\_\_\_\_\_\_ 20\_\_\_\_\_ Before me, Notary / Oath Commissioner Deponent's signature Verification I, the Deponent hereinabove, do hereby verify and affirm that the contents of para \_\_\_ to \_\_of this affidavit are true and correct to my knowledge and belief. Nothing is false and nothing material has been concealed therefrom. Verified at \_\_\_\_\_\_\_\_ on this \_\_\_\_\_\_\_\_ day of \_\_\_\_\_\_\_\_ 201\_\_\_\_\_ Deponent's signature Form C Proof of Claim by Financial Creditors (Under Regulation 17of the Insolvency and Bankruptcy Board of India (Voluntary Liquidation Process) Regulations, 2017) [Date] To The Liquidator [Name of the Liquidator] [Address as set out in the public announcement] From [Name and address of the registered office and principal office of the financial creditor] Subject: Submission of proof of claim in respect of the voluntary liquidation of [name of corporate person] under the Insolvency and Bankruptcy Code, 2016. Madam/Sir, [Name of the financial creditor] hereby submits this proof of claim in respect of the voluntary liquidation of [name of corporate person]. The details for the same are set out below: | | | | | --- | --- | --- | | 1. | Name of Financial Creditor (If An Incorporated Body Provide Identification Number and Proof of Incorporation, If A Partnership Or Individual Provide Identification Records\*of All The Partners Or The Individual) | | | 2. | Address and Email of Financial Creditor For Correspondence. | | | 3. | Total Amount of Claim, Including Any Interest, As At The Liquidation Commencement Date and Details of Nature of Claim (Whether Term Loan, Secured, Unsecured) | | | 4. | Details of Any Order of A Court of Tribunal That Has Adjudicated On The Nonpayment of Debt | | | 5. | Details of How and When Debt Incurred | | | 6. | Details of Any Mutual Credit, Mutual Debts, Or Other Mutual Dealings Between The Corporate Person and The Financial Creditor Which May Be Set-off Against The Claim | | | 7. | Details of Any Security Held, The Value of The Security, and The Date It Was Given | | | 8. | Details of Any Assignment Or Transfer of Debt In His Favour | | | 9. | Details of The Bank Account To Which The Financial Creditor's Share of The Proceeds of Liquidation Can Be Transferred | | | 10. | List Out and Attach The Documents By Reference To Which The Debt Can Be Substantiated and In Support of The Claim. | | | | | | --- | --- | | Signature of financial creditor or person authorised to act on his behalf (please enclose the authority if this is being submitted on behalf a financial creditor) | | | Name in Block Letters | | | Position with or in relation to creditor | | | Address of person signing | | \*PAN, Passport, Aadhaar Card or the identity card issued by the Election Commission of India. Affidavit I, [name of deponent], currently residing at [address of deponent], do solemnly affirm and state as follows: ### 1. The above named corporate person was, at the voluntary liquidation commencement date, that is, the \_\_\_\_\_\_\_\_\_\_ day of \_\_\_\_\_\_\_\_\_\_ 20\_\_\_\_ and still is, justly and truly indebted to me [or to me and[insert name of co-partners], my co-partners in trade, or, as the case may be] for a sum of Rs. \_\_\_\_\_\_\_\_\_\_ for .............[please state consideration]. ### 2. In respect of my claim of the said sum or any part thereof, I have relied on the documents specified below: [Please list the documents relied on as evidence of debt and of nonpayment.] ### 3. The said documents are true, valid and genuine to the best of my knowledge, information and belief. ### 4. In respect of the said sum or any part thereof, I have not, nor have my partners or any of them, nor has any person, by my/our order, to my/our knowledge or belief, for my/ our use, had or received any manner of satisfaction or security whatsoever, save and except the following: [Please state details of any mutual credit, mutual debts, or other mutual dealings between the corporate person and the financial creditor which may be set-off against the claim.] Solemnly, affirmed at \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ on \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ day, the \_\_\_\_\_\_\_\_\_\_day of\_\_\_\_\_\_\_\_\_\_ 20\_\_\_\_\_ Before me, Notary / Oath Commissioner. Deponent's signature. Verification I, the Deponent here-in-above, do hereby verify and affirm that the contents of para \_\_\_ to \_\_of this affidavit are true and correct to my knowledge and belief. Nothing is false and nothing material has been concealed there from. Verified at \_\_\_\_\_\_\_\_ on this \_\_\_\_\_\_\_\_ day of \_\_\_\_\_\_\_\_ 201\_\_\_. Deponent's signature. Form D Proof of Claim by A Workman or Employee (Under Regulation 18(1) of the Insolvency and Bankruptcy Board of India (Voluntary Liquidation Process) Regulations, 2017) [Date] To The Liquidator [Name of the Liquidator] [Address as set out in public announcement] From [Name and address of the workman / employee] Subject: Submission of proof of claim in respect of voluntary liquidation of (Name of corporate person) under the Insolvency and Bankruptcy Code, 2016. Madam/Sir, [Name of the workman / employee], hereby submits this proof of claim in respect of the voluntary liquidation of [name of corporate person]. The details for the same are set out below: | | | | | --- | --- | --- | | 1. | Name of Workman / Employee | | | 2. | Pan, Passport, The Identity Card Issued By The Election Commission of India Or Aadhaar Card of Workman / Employee | | | 3. | Address and Email Address (If Any)of Workman/employee For Correspondence | | | 4. | Total Amount of Claim (Including Any Interest As At The Voluntary Liquidation Commencement Date) | | | 5. | Details of Any Dispute As Well As The Record of Pendency Or Order of Suit Or Arbitration Proceedings | | | 6. | Details of How and When Claim Arose | | | 7. | Details of Any Mutual Credit, Mutual Debts, Or Other Mutual Dealings Between The Corporate Person and The Workman / Employee Which May Be Set-off Against The Claim | | | 8. | Details of The Bank Account To Which The Workman / Employee's Share of The Proceeds of Liquidation Can Be Transferred | | | 9. | List Out and Attach The Documents By Reference To Which The Debt Can Be Substantiated and Relied On In Support of The Claim. | | | | | --- | | Signature of workman / employee or person authorised to act on his behalf [Please enclose the authority if this is being submitted on behalf of an operational creditor] | | Name in Block Letters | | Position with or in relation to creditor | | Address of person signing | Affidavit I, [name of deponent], currently residing at [insert address], do solemnly affirm and state as follows: ### 1. [Name of corporate person], the corporate person was, at the liquidation commencement date, that is, the \_\_\_\_\_\_\_\_\_\_ day of \_\_\_\_\_\_\_\_\_\_ 20\_\_, justly and truly indebted to me for a sum of Rs. [insert amount of claim]. ### 2. In respect of my claim of the said sum or any part thereof, I have relied on the documents specified below: [Please list the documents relied on as evidence of claim] The said documents are true, valid and genuine to the best of my knowledge, information and belief. ### 3. In respect of the said sum or any part thereof, I have not nor has any person, by my order, to my knowledge or belief, for my use, had or received any manner of satisfaction or security whatsoever, save and except the following: [Please state details of any mutual credit, mutual debts, or other mutual dealings between the corporate person and the workman / employee which may be set-off against the claim.] Solemnly, affirmed at [insert place] on \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ day, the \_\_\_\_\_\_\_\_\_\_day of\_\_\_\_\_\_\_\_\_\_ 20\_\_\_\_\_ Before me, Notary/ Oath Commissioner Deponent's signature Verification I, the Deponent hereinabove, do hereby verify and affirm that the contents of paragraph \_\_\_ to \_\_of this affidavit are true and correct to my knowledge and belief and no material facts have been concealed there from. Verified at \_\_\_\_\_\_ on this \_\_\_\_\_ day of \_\_\_\_ 201\_\_ Deponent's signature. Form E Proof of Claim By Authorised Representative of Workmen or Employees (Under Regulation 18(2) of the Insolvency and Bankruptcy Board of India (Voluntary Liquidation Process) Regulations, 2017) [Date] To The Liquidator [Name of the Liquidator] [Address as set out in the public announcement] From [Name and address of the authorised representative of workmen/ employees] Subject: Submission of proof of claim in respect of the voluntary liquidation of [name of corporate person] under the Insolvency and Bankruptcy Code, 2016. Madam/Sir, I, [name of duly authorised representative of the workmen/ employees] currently residing at [address of duly authorised representative of the workmen/ employees], on behalf of the workmen and employees employed by the above named corporate person, solemnly affirm and say: ### 1. That the abovenamed corporate person was, on the voluntary liquidation commencement date, that is, the \_\_\_\_\_\_\_\_ day of \_\_\_\_\_\_ 20 \_\_\_ and still is, justly truly indebted to the several persons whose names, addresses, and descriptions appear in the Annexure below for amounts severally set against their names in such Annexure for wages, remuneration and other amounts due to them respectively as workmen or/ and employees in the employ of the corporate person in respect of services rendered by them respectively to the corporate person during such periods as are set out against their respective names in the said Annexure. ### 2. That for which said sums or any part thereof, they have not, nor has any of them, had or received any manner of satisfaction or security whatsoever, save and except the following: [Please state details of any mutual credits, mutual debts, or other mutual dealings between the corporate person and the workmen / employees which may be set-off against the claim.] Signature : Annexure ### 1. Particulars of how dues were incurred by the corporate person, including particulars of any dispute as well as the record of pendency of suit or arbitration proceedings. ### 2. Particulars of any mutual credit, mutual debts, or other mutual dealings between the corporate person and the workmen / employee which may be set-off against the claim. ### 3. Please list out and attach the documents relied on to prove the claim. ### 1. Details of Employees/ Workmen | | | | | | | | --- | --- | --- | --- | --- | --- | | S. No. | Name of Employee/ Workmen | Identification Number (PAN/, Passport Number/, Aadhaar No. / Id Card Issued By The Election Commission and Employee No., If Any | Total Amount Due and Details on Nature of Claim | Period Over Which Amount Due | Details of Evidence of Debt Including Employment Contracts and Other Proofs | | 1. | | | | | | | 2. | | | | | | | 3. | | | | | | | | | | | | | Affidavit I, [insert full name, address and occupation of deponent] do solemnly affirm and state as follows: ### 1. The above named corporate person was, at the liquidation commencement date that is, the \_\_\_\_\_\_\_\_\_\_ day of \_\_\_\_\_\_\_\_\_\_ 20\_\_ and still is, justly and truly indebted to the workmen and employees for a sum of Rs. \_\_\_\_\_\_\_\_\_\_ for \_\_\_\_\_ [please state the nature and duration of employment]. ### 2. In respect of my claim of the said sum or any part thereof, I have relied on the documents specified below: [Please list the documents relied on as evidence of proof] ### 3. The said documents are true, valid and genuine to the best of my knowledge, information and belief. ### 4. In respect of the said sum or any part thereof, the workmen / employees have not, nor has any person, by my order, to my knowledge or belief, for my use, had or has received any manner of satisfaction or security whatsoever, save and except the following: [Please state details of any mutual credit, mutual debts, or other mutual dealings between the corporate person and the workmen / employees which may be set-off against the claim.] Solemnly, affirmed at \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ on \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ day, the \_\_\_\_\_\_\_\_\_\_day of\_\_\_\_\_\_\_\_\_\_ 20\_\_\_\_\_ Before me, Notary / Oath Commissioner. Deponent's signature Verification I, the Deponent hereinabove, do hereby verify and affirm that the contents of para \_\_\_ to \_\_of this affidavit are true and correct to my knowledge and belief. Nothing is false and nothing material has been concealed therefrom. Verified at \_\_\_\_\_\_\_ on this \_\_\_\_\_\_\_ day of \_\_\_\_\_\_\_ 201\_\_\_ Deponent's signature Form F Proof of Claim by Any Other Stakeholder (Under Regulation 19 of the Insolvency and Bankruptcy Board of India (Voluntary Liquidation Process) Regulations, 2017) [Date] To The Liquidator [Name of the Liquidator] [Address as set out in the public announcement] From [Name and address of the other stakeholder] Subject: Submission of proof of claim in respect of the voluntary liquidation of [name of corporate person] under the Insolvency and Bankruptcy Code, 2016. Madam/Sir, [Name of the stakeholder] hereby submits this proof of claim in respect of the liquidation in the case of [name of corporate person]. The details for the same are set out below: | | | | | --- | --- | --- | | 1. | Name of Stakeholder (If An Incorporated Body Provide Identification Number And Proof of Incorporation. If A Partnership Or Individual Provide Identification Records\*Of All The Partners Or The Individual) | | | 2. | Address And Email of The Stakeholder For Correspondence. | | | 3. | Total Amount of Claim, Including Any Interest As At Liquidation Commencement And Details of Nature of Claim | | | 4. | Details of How and When Claim Arose | | | 5. | Details of Any Mutual Credit, Mutual Debts, Or Other Mutual Dealings Between The Corporate Person And The Other Stakeholder Which May Be Set-off Against The Claim | | | 6. | Details of Any Retention of Title In Respect of Goods or Properties To Which The Claim Refers | | | 7. | Details of Any Assignment Or Transfer of Debt In His Favour | | | 8. | Details of The Bank Account To Which The Other Stakeholder's Share of The Proceeds of Liquidation Can Be Transferred | | | 9. | List Out and Attach The Documents By Reference To Which The Claim Can Be Substantiated Or Which Can Be Relied Upon In Support of The Claim. | | | | | --- | | Signature of stakeholder or person authorised to act on his behalf (Please enclose the authority if this is being submitted on behalf of the other stakeholder) | | Name in Block Letters | | Position with or in relation to creditor | | Address of person signing | \*PAN, Passport, AADHAAR Card or the identity card issued by the Election Commission of India. Affidavit I, [insert full name, address and occupation of deponent to be given] do solemnly affirm and state as follows: ### 1. The above named corporate person was, at the liquidation commencement date, that is, the \_\_\_\_\_\_\_\_\_\_ day of \_\_\_\_\_\_\_\_\_\_ 20\_\_ and still is, justly and truly indebted to me [or to me and [insert name of copartner], my copartners in trade, or, as the case may be,] for a sum of Rs. \_\_\_\_\_\_\_\_\_\_ for \_\_\_\_\_ [please state consideration]. ### 2. In respect of my claim of the said sum or any part thereof, I have relied on the documents specified below: [Please list the documents relied on as evidence of proof.] ### 3. The said documents are true, valid and genuine to the best of my knowledge, information and belief. ### 4. In respect of the said sum or any part thereof, I have not, nor have my partners or any of them, nor has any person, by my/our order, to my/our knowledge or belief, for my/ our use, had or received any manner of satisfaction or security whatsoever, save and except the following: [Please state details of any mutual credit, mutual debts, or other mutual dealings between the corporate person and the other stakeholder which may be set-off against the claim.] Solemnly, affirmed at \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ on \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ day, the \_\_\_\_\_\_\_\_\_\_day of\_\_\_\_\_\_\_\_\_\_ 20\_\_\_\_\_ Before me, Notary / Oath Commissioner. Deponent's signature. Verification I, the Deponent hereinabove, do hereby verify and affirm that the contents of para \_\_\_ to \_\_of this affidavit are true and correct to my knowledge and belief. Nothing is false and nothing material has been concealed therefrom. Verified at \_\_\_\_\_\_ on this \_\_\_\_\_\_ day of \_\_\_\_\_\_ 201\_\_ Deponent's signature. [Form - G] [Inserted by Notification No. IBBI/2019-20/GN/REG054, dated 15.1.2020 (w.e.f. 31.3.2007).] Deposit of Unclaimed Dividends and/or Undistributed Proceeds [Under Regulation 39(5) of the Insolvency and Bankruptcy Board of India (Voluntary Liquidation Process) Regulations, 2017] A. Details of Voluntary Liquidation Process | | | | | --- | --- | --- | | Sl. No. | Description | Particulars | | (1) | (2) | (3) | | 1 | Name of the Corporate Person | | | 2 | Identification Number of Corporate Person (CIN/LLPIN) | | | 3 | Voluntary Liquidation Commencement Date | | | 4 | Date of Deposit into the Corporate Voluntary Liquidation Account | | | 5 | Amount deposited into the Corporate Voluntary Liquidation Account (Rs.) | | | 6 | Bank Account from which the amount is transferred to Corporate Voluntary Liquidation Account a. Account No: b. Name of Bank: c. IFSC: d. MICR: e. Address of Branch of the Bank: | | | 7 | Details of the Amount (Rs.) deposited into Corporate Voluntary Liquidation Account a. Unclaimed dividends b. Undistributed proceeds c. Income earned till the due date of deposit d. Interest at the rate of twelve per cent on the amount retained beyond due date ( Please show computation of interest amount) Total | | B. Details of Stakeholders entitled to Unclaimed Dividends or Undistributed Proceeds | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | | Sl. No. | Name of stakeholder entitled to receive unclaimed dividends or undistributed proceeds | Address, phone number and email address of the stakeholder | Identification Number of the stakeholder (PAN, CIN/LLPIN/DIN, Aadhaar No.) (Please attach Identification proof.) | Amount due to the stakeholder (Rs.) | Nature of Amount due | Remarks | | (1) | (2) | (3) | (4) | (5) | (6) | (7) | | 1 | | | | | | | | 2 | | | | | | | | 3 | | | | | | | | | | | | | | | C. Details of Deposit made into the Corporate Voluntary Liquidation Account I (Name of Liquidator) have deposited Rs…… (Rupees ….only) into the Corporate Voluntary Liquidation Account on …. vide acknowledgment no.. … dated I (Name of Liquidator) hereby certify that the details provided in this Form are true and correct to the best of my knowledge and belief, and nothing material has been concealed. Date:………….. Place:…………………….. (Signature) Name of the Liquidator IP Registration No: Address as registered with the Board: Email id as registered with the Board: [Form-H] [Inserted by Notification No. IBBI/2019-20/GN/REG054, dated 15.1.2020 (w.e.f. 31.3.2007).] Withdrawal from Corporate Voluntary Liquidation Account [Under Regulation 39(7) of the Insolvency and Bankruptcy Board of India (Voluntary Liquidation Process) Regulations, 2017] | | | | | --- | --- | --- | | Sl. No. | Description | Particulars | | (1) | (2) | (3) | | 1 | Name of the Corporate Person | | | 2 | Identification Number of Corporate Person (CIN/LLPIN) | | | 3 | Voluntary Liquidation Commencement Date | | | 4 | Date of Dissolution Order | | | 5 | Date of Deposit into the Corporate Voluntary Liquidation Account | | | 6 | Name of the Stakeholder seeking wi thdrawal | | | 7 | Identification Number of the Stakeholder a. PAN b. CIN/LLPIN/DIN c. Aadhaar No. | | | 8 | Address and Email Address of Stakeholder | | | 9 | Amount of Claim of the Stakeholder, admitted by the Liquidator | | | 10 | Amount of unclaimed dividends / undistributed proceeds deposited by the Liquidator in the Corporate Voluntary Liquidation Account against the stakeholder | | | 11 | Amount of unclaimed dividends / undistributed proceeds the Stakeholder seeks to withdraw from the Corporate Voluntary Liquidation Account | | | 12 | Bank Account to which the amount is to be transferred from the Corporate Voluntary Liquidation Account, if withdrawal is approved (a) Account No.: (b) Name of Bank: (c) IFSC: (d) MICR: (e) Address of Branch of the Bank: | | | 13 | Reasons for not taking dividend or proceeds during the Voluntary Liquidation Process | | | 14 | Any legal disability in applying for withdrawal? (Yes / No), If yes, please provide details | | Declaration I, [Name of stakeholder], currently residing at [insert address], hereby declare and state as follows: ### 1. I am entitled to receive a sum of Rs…. (Rupees … only) from the Corporate Voluntary Liquidation Account, as presented above. ### 2. In respect of the said sum or any part thereof, neither I nor any person, by my order, to my knowledge or belief, for my use, has received any manner of satisfaction or security whatsoever, save and except the following: ............... ### 3. I undertake to refund the entire amount with interest as decided by the Board, in case the Board finds that I am not entitled to this amount. ### 4. I authorise the Board to initiate appropriate legal action against me if my claim is found false at any time. Date: Place: (Signature of the Stakeholder) Verification I, [Name] the stakeholder hereinabove, do hereby verify that the contents of this Form are true and correct to my knowledge and belief and no material fact has been concealed therefrom. Verified at … on this …… day of ………., 20 (Signature of the Stakeholder) [Note: In the case of a company or limited liability partnership, the declaration and verification shall be made by the director/manager/secretary/ designated partner and in the case of other entities, an officer authorised for the purpose by the entity] II ---- (Under Regulation 10 of the Insolvency and Bankruptcy Board of India (Voluntary Liquidation Process) Regulations, 2017) The formats contained in this Schedule are indicative in nature, and the liquidator may make such modifications to them as he deems fit in view of the facts and circumstances of the liquidation. Cash Book Name of Corporate person.......................................................(in liquidation) | | | | | | | | --- | --- | --- | --- | --- | --- | | Date | Particulars | Ledger Folio No. | Receipt | Payments | Balance | | | | | Voucher No. | Cash | Bank | Total | Voucher No. | Cash | Bank | Total | Cash | Bank | Total | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 | 14 | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | Under column 'particulars', the head of account to which the entry relates to should be indicated so that the entry may be posted under the proper head in the General Ledger. General Ledger Name of Corporate person.......................................................(in liquidation) .......................................................(Head of account) | | | | | | | --- | --- | --- | --- | --- | | Date | Particulars | Dr. (Rs.) | Cr. (Rs.) | Balance (Rs.) | | 1 | 2 | 3 | 4 | 5 | | | | | | | | | | | | | | | | | | | Instructions: ### 1. A General Ledger should be maintained with such heads of account as the liquidator may think necessary and appropriate. The following heads of account may be found suitable: (1) Asset account (2) Investments account (3) Book Debts and Outstandings account (4) Calls (5) Rent Collected/rent receivable (6) Interest on Securities and Deposits (7) Advances received (8) Miscellaneous receipts payments (9) Establishment (10) Legal charges (11) Rents, Rates and Taxes payable (12) Fees and Commission account (13) Other expenses (14) Suspense account (15) Secured creditors (16) Dividend account. ### 2. The entries in the General Ledger should be posted from the Cash Book. ### 3. The total of the debit balances and the total of the credit balances of the several heads of account in the General Ledger should agree, after taking into consideration the cash and bank balances as shown in the Cash Book. The totals should be tallied once a month. Bank Ledger Corporate person's (in voluntary liquidation) account with the Scheduled Bank | | | | | | | --- | --- | --- | --- | --- | | Date | Particulars | Deposits | Withdrawals | Balance | | Challan Number | Rs. | Cheque Number | Rs. | Rs. | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | | | | | | | | | | | | | | | | | | | | | | | | | Register of Assets | | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | --- | | Sl. No. | Description of assets | Date of taking possession | Serial number of Sales Register | Date of sale | Date of realization | Amount | Remarks | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | | 1. | | | | | | | | | 2. | | | | | | | | | | | | | | | | | Instructions: ### 1. All the assets of the corporate person except the liquidator's investments in securities and outstanding to be realized should be entered in this Register. Securities and Investments Register | | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | --- | | Sl. No. | Petition number and name of the corporate person | Date of investment | Nature and particulars of security in which investment is made | Amount Invested (Rs.) | Dividend or interest received with date of receipt (Rs.) | Date of disposal | Remarks | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | | 1. | | | | | | | | | 2. | | | | | | | | | | | | | | | | | Register of Book Debts and Outstandings | | | | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | | Sl. No. | Name and address of debtor | Particulars of debt | Amount due (Rs.) | Date of bar by limitation | Amount realised (Rs.) | Action taken | Date of realisation | Reference to Suits Register | Remarks | | 1. | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | | 1. | | | | | | | | | | | 2. | | | | | | | | | | | 3. | | | | | | | | | | Instructions: ### 1. All debts due to the corporate person, both secured and unsecured, including amounts due for arrears of calls made prior to the liquidation, should be entered in this Register. Tenants Ledger ### 1. Description of assets: ### 2. Name and address of tenant: ### 3. Date of tenancy: ### 4. Period of tenancy: ### 5. Rent (monthly or annual): ### 6. Special terms, if any: ### 7. Arrears on date of taking charge of assets: ### 8. Advance received, if any: | | | | | | | --- | --- | --- | --- | --- | | Month | Demand | Realization | Balance | Remarks | | Amount (Rs.) | Date | Amount (Rs.) | Amount (Rs.) | | 1 | 2 | 3 | 4 | 5 | 6 | | January | | | | | | | February | | | | | | | | | | | | | Suits Register | | | | | | | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | | Sl. No. | Number of suit or appeal and court | Name and address of plaintiff/ appellant and his advocate | Name and address of defendant/ respondent and his advocate | Amount of claim | Date of filing | Dates of hearing | Date of decree or final order | Nature of relief granted | Amount decreed | Costs decreed | Reference to Decree Register | Remarks | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 | | 1. | | | | | | | | | | | | | | 2. | | | | | | | | | | | | | | | | | | | | | | | | | | | Instructions. ### 1. Applications made by or against the corporate person which are in the nature of suits should also be entered in this Register. Decree Register | | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | --- | | Number of suit or appeal and court | Name and address of judgment debtor | Amount Decreed (Rs.) | Date of decree | Action taken | Amount realized (Rs.) | Date of realization | Reference to Suits Register | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | | 1. | | | | | | | | | 2. | | | | | | | | Instructions. ### 1. The purpose of the Register is to enable the liquidator to keep watch on the progress of the realization of decrees in favor of the corporate person in his charge. ### 2. Every decree or order for payment of money or delivery of assets in favor of the corporate person including an order for payment of costs whether made in a suit, appeal or application, should be entered in this Register. Register of Claims and Distributions | | | | | --- | --- | --- | | Claims | Distributions declared and paid | Remarks | | Sl. No. | Name and Address of credit or | Amount claimed (Rs.) | Nature of claim (Rs.) | Amount admitted (Rs.) | Whether ordinary or preferential | Date | Amount (Rs.) | Date and Mode of Payment | Rate | Amount (Rs.) | Date and mode of payment | Rate | Amount (Rs.) | Date and mode of payment | | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 | 14 | 15 | 16 | | 1. | | | | | | | | | | | | | | | | | 2. | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | Instructions. ### 1. Only claims admitted either wholly or in part should be entered in this Register. ### 2. The page on the left side should be reserved for claims and the page on the right side for Distributions. Contributory's Ledger | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | | Sl. No. | Name and address of contributory | Number of shares or extent of interest held, and amount paid thereon | Calls | Remarks | Returns of share capital | Remarks | | First call | 2nd call/ 3rd call | Date of return | Date of Payment | Amount paid (Rs.) | | Date of call and amount called | Amount paid and date of payment | (Repeat columns as under first call) | | | | | 1 | 2 | 3 | 4 | 5 | 6 to 9 | 10 | 11 | 12 | 13 | 14 | | 1. | | | | | | | | | | | | 2. | | | | | | | | | | | | | | | | | | | | | | | Instructions: - Only contributories settled on the list should be entered in this Register and they should be entered in the same order as in the list. Distributions Register Date on which distribution is made: Total amount payable in this round of distribution: | | | | | | | --- | --- | --- | --- | --- | | Date | Number on list of stakeholders | Particulars | Receipts | Payments | | 1 | 2 | 3 | 4 | 5 | | 1. | | | | | | 2. | | | | | | | | | | | Instructions: ### 1. Separate pages should be set apart for preferential and ordinary distributions. ### 2. The payments should be entered as and when they are made. Any amount which is returned unpaid should be reentered in the account under 'Receipts'. ### 3. The number in column 2 should be the number of the stakeholders in the list of stakeholders as finally settled. ### 4. The total amount of unclaimed distribution payable into the [Corporate Voluntary Liquidation Account] [Substituted 'Public Account of India' by Notification No. IBBI/2019-20/GN/REG054, dated 15.1.2020 (w.e.f. 31.3.2007).] , and the amount paid into the Bank with the date of payment, should be shown at the end of the account. Fee Register | | | | | | | --- | --- | --- | --- | --- | | Amount realized on which fee are payable | Amount distributed on which fee are payable | Fee payable on the amounts in the two preceding columns | Total fee payable | Date of payment | | 1 | 2 | 3 | 5 | 6 | | 1. | | | | | | 2. | | | | | | | | | | | Instructions: ### 1. There should be a fresh opening for each year. ### 2. The fees due to the liquidator should be entered in the Register as soon as the audit of the account for a quarter is completed. Suspense Register | | | | | | | --- | --- | --- | --- | --- | | Date | Particulars | Debit (Rs.) | Credit(Rs.) | Balance (Rs.) | | 1 | 2 | 3 | 4 | 5 | | 1. | | | | | | 2. | | | | | | | | | | | Instructions: ### 1. Advances made by the liquidator to any person should be entered in this Register. ### 2. There should be a separate opening for each person. Documents Register Instruction: All documents of title like title-deeds, shares, promissory notes, etc., should be entered in this Register. | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | | Sl. No. | Description of document | Date of receipt | From whom received | Reference number of shelf in which document is kept | How disposed of | Remarks | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | | 1. | | | | | | | | 2. | | | | | | | Books Register | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | | Date | From whom received | Serial Number | Description of books, including files | Shelf number | How disposed of | Remarks | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | | 1. | | | | | | | | 2. | | | | | | | | | | | | | | | Instruction. - All books and files of the corporate person which come into the hands of the liquidator should be entered in this Register. Register of Unclaimed Dividends and Undistributed [Proceeds] [Substituted 'Assets' by Notification No. IBBI/2019-20/GN/REG054, dated 15.1.2020 (w.e.f. 31.3.2007).] Deposited | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | | Sl. No. | Name of person entitled to the dividend or return | Whether Creditor or Contributory | Number on list of stakeholders | Date of declaration of dividend or return | Rate of dividend or return | Total amount payable (Rs.) | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | | 1. | | | | | | | | 2. | | | | | | | | | | | | | | |

65ba6d25ab84c7eca86eb469

acts

Union of India - Act ---------------------- Private Limited Company and Unlisted Public Limited Company (Buy-Back of Securities) Rules, 1999 -------------------------------------------------------------------------------------------------- UNION OF INDIA India Private Limited Company and Unlisted Public Limited Company (Buy-Back of Securities) Rules, 1999 ================================================================================================== Rule PRIVATE-LIMITED-COMPANY-AND-UNLISTED-PUBLIC-LIMITED-COMPANY-BUY-BACK-OF-SECURITIES-RULES-1999 of 1999 ------------------------------------------------------------------------------------------------------------ * Published on 6 July 1999 * Commenced on 6 July 1999 Private Limited Company and Unlisted Public Limited Company (Buy-Back of Securities) Rules, 1999 Published vide Notification No. G.S.R. 502(E) , dated 6th July, 1999 Ministry of Law, Justice & Company Affairs (Department of Company Affairs) G.S.R. 502(E) . - In exercise of the powers conferred by section 77A of Companies Act, 1956 (1 of 1956) read with sub-section (1) of section 642 of the said Act, the Central Government hereby makes the following rules, namely :- ### 1. Short title and commencement. (1) These rules may be called the Private Limited Company and Unlisted Public Limited Company (Buy-back of Securities) Rules, 1999. (2) They shall come into force on the date of their publication in the Official Gazette. ### 2. Applicability. - These rules shall be applicable to buy-back of equity shares or other specified securities of a Private Limited Company and Unlisted Public Limited Company not listed on any recognised stock exchange. ### 3. Buying-back. - A company may buy-back its shares by either of the following methods :- (a) from the existing shareholders on a proportionate basis through private offers; (b) by purchasing the securities issued to employees of the company pursuant to a scheme of stock option or sweat equity. ### 4. Special resolution. - For the purposes of passing a special resolution under sub-section (2) of section 77A of the Companies Act, 1956 (1 of 1956) the explanatory statement to be annexed to the notice for the general meeting pursuant to Section 173 of the said Act shall contain disclosures as specified in Schedule I. ### 5. Filing of letter of offer, etc. (1) The Company which has been authorised by a special resolution shall, before the buy-back of shares, file with the Registrar of Companies a draft letter of offer containing particulars specified in Schedule II. (2) The Company shall file alongwith the letter of offer a declaration of solvency in Form No. 4A, prescribed under the Companies (Central Government's) General Rules and Forms, 1956 and in accordance with provisions of sub-section (6) of section 77A of the Companies Act, 1956. ### 6. Offer procedure. (1) The letter of offer shall be despatched immediately after filing with Registrar of Companies but not later than 21 days from its filing with Registrar of Companies. (2) The Offer for buyback shall remain open to the members for a period not less than 15 days and not exceeding 30 days from the date of despatch of letter of offer. (3) In case the number of shares offered by the shareholders is more than the total number of shares to be bought back by the company, the acceptance per shareholder shall be on proportionate basis. (4) The company shall complete the verifications of the offers received within 15 days from the date of closure of the offer and the shares lodged shall be deemed to be accepted unless a communication of rejection is made within 21 days from the closure of the offer. ### 7. Payment to the shareholder. (1) The Company shall immediately after the date of closure of the offer open a special bank account and deposit therein, such sum, as would make up the entire sum due and payable as consideration for the buy-back in terms of these rules. (2) The company shall within 7 days of the time specified in sub-rule (4) of rule 6 make payment of consideration in cash or bank draft/pay order to those shareholders whose offer has been accepted or return the share certificates to the shareholders forthwith. ### 8. General obligations of the company. (1) The company shall ensure that :- (a) the letter of offer shall contain true, factual and material information and shall not contain any misleading information and must state that the directors of the company accept the responsibility for the information contained in such document; (b) the company shall not issue any shares including by way of bonus till the date of the closure of the offer under these rules; (c) the company shall confirm in its offer the opening of separate bank account testifying the availability of funds earmarked for this purpose and pay the consideration only by way of cash or Bank draft/pay order; (d) the company shall not withdraw the offer once the draft letter of offer has been filed with the Registrar of Companies; and (e) the company shall not utilise any money borrowed from Banks/Financial Institutions for the purpose of buying back its shares. ### 9. Return to be filed with Registrar. - A company, after the completion of the buy-back under these rules, shall file with the Registrar a return in the Form specified at Annexure 'A'. ### 10. Extinguishment of Certificate. (1) The company shall extinguish and physically destroy the share certificates so bought back in the presence of the Company Secretary in wholetime practice within 7 days from the date of acceptance of the shares. (2) The company shall furnish a certificate to the Registrar of Companies duly verified by (a) two whole-time directors including the Managing Director and (b) Company Secretary in whole time practice, certifying compliance of these rules including those specified in sub-rule (1) above within 7 days of the extinguishment and destruction of the certificates. (3) The company shall maintain a record of share certificates which have been cancelled and destroyed within 7 days of buy-back of shares. ### 11. Register of shares. - The company shall maintain a Register of shares bought back by the Company in the Form specified at Annexure 'B'. I --- (See rule 4) Contents of Explanatory Statement The Explanatory statement to the notice for special resolution for buy back shall, inter-alia, contain the following :- (i) the date of the Board meeting at which the proposal for buy back was approved by the Board of Directors of the company; (ii) the necessity for the buy-back; (iii) the class of security intended to be purchased under the buy-back; (iv) the method to be adopted for the buy-back; (v) the maximum amount required under the buy-back and the sources of funds from which the buy back would be financed; (vi) the basis of arriving at the buy back price; (vii) the number of securities that the company proposes to buy back; (viii) the time limit for the completion of buy-back; (ix) (a) the aggregate shareholding of the promoter and the directors of the promoters, where the promoter is a company and of persons who are in control of the company as on the date of the notice convening the General Meeting; (b) aggregate number of equity shares purchased or sold by persons including persons mentioned in (a) above during a period of six months preceding the date of the Board Meeting at which the buy back was approved from date till date of notice convening the general meeting; (c) the maximum and minimum price at which purchases and sales referred to in (b) above were made along with the relevant date; (x) intention of the promoters and persons in control of the company to tender shares for buy-back indicating the number of shares, details of acquisition with dates and price; (xi) a confirmation that there are no defaults subsisting in repayment of deposits, redemption of debentures or preference shares or repayment of term loans to any financial institutions or banks; (xii) a confirmation that the Board of Directors has made a full enquiry into the affairs and prospects of the company and that they have formed the opinion - (a) that immediately following the date on which the General Meeting is convened there will be no grounds on which the company could be found unable to pay its debts; (b) as regards its prospects for the year immediately following that date that, having regard to their intentions with respect to the management of the company's business during that year and to the amount and character of the financial resources which will in their view be available to the company during that year, the company will be able to meet its liabilities as and when they fall due and will not be rendered insolvent within a period of one year from that date; and (c) in forming their opinion for the above purposes, the directors shall take into account the liabilities as if the company were being wound up under the provisions of the companies Act, 1956 (including prospective and contingent liabilities); (xiii) a report addressed to the Board of Directors by the company's auditors stating that - (a) they have inquired into the company's state of affairs; (b) the amount of the permissible capital payment for the securities in question is in their view properly determined; and (c) the Board of directors have formed the opinion as specified in clause (xii) on reasonable grounds and that the company, having regard to its state of affairs, will not be rendered insolvent within a period of one year from that date. (xiv) the price at which the buy back of shares shall be made; (xv) if the promoters intend to offer their shares - (a) the quantum of shares proposed to be tendered; and (b) the details of their transactions and their holdings for the last six months prior to the passing of the special resolution for buy back including information of number of shares acquired, the price and the date of the acquisition. II ---- (See rule 5) Disclosures to be made in the Letter of Offer The letter of offer shall, inter-alia, contain the following : (i) Details of the offer including the total number and percentage of the total paid up capital and free reserves proposed to be bought back and price; (ii) The proposed time table from opening of the offer till the extinguishment of the certificates; (iii) Authority for the offer of buy-back; (iv) A full and complete disclosure of all material facts including the contents of the explanatory statement annexed to the notice for the general meeting at which the special resolution approving the buy back was passed; (v) The necessity for the buy back; (vi) The process to be adopted for the buy back; (vii) The minimum and the maximum number of securities that the company proposes to buy-back, sources of funds from which the buy-back would be made and the cost of financing the buy-back; (viii) Brief information about the company; (ix) Audited Financial information for the last 3 years and the company and its Directors shall ensure that the particulars (audited statement and un-audited statement) contained therein shall not be more than 6 months old from the date of the offer document together with financial ratios as may be specified by the Board; (x) Present capital structure (including the number of fully paid and partly paid securities) and shareholding pattern; (xi) The capital structure including details of outstanding convertible instruments, if any, post buy-back; (xii) The aggregate shareholding of the promoter group and of the directors of the promoters, where the promoter is a company and of persons who are in control of the company; (xiii) The aggregate number of equity shares purchased or sold by persons mentioned in clause (xii) above during a period of twelve months preceding the date of the public announcement and from the date of public announcement to the date of the letter of offer; the maximum and minimum price at which purchases and sales referred to above were made alongwith the relevant date; (xiv) Management discussion and analysis on the likely impact of buy back on the company's earnings, public holdings, holdings of Non Resident Indians/Foreign Institutional Investors, etc., promoters holdings and any change in management structure; (xv) The details of statutory approvals obtained; (xvi) (1) A declaration to be signed by at least two whole time directors that there are no defaults subsisting in repayment of deposit. Redemption of debentures or preference shares or repayment of a term loans to any financial institutions or banks; (2) A declaration to be signed by at least two whole time directors, one of whom shall be the managing director stating that the Board of Directors has made a full enquiry into the affairs and prospectus of the company and that they have formed the opinion - (a) as regards its prospects for the year immediately following the date of the letter of offer that, having regard to their intentions with respect to the management of the company's business during the year and to the amount and character of the financial resources which will in their view be available to the company during that year, the company will be able to meet its liabilities and will not be rendered insolvent within a period of one year from the date; (b) in forming their opinion for the above purposes, the directors shall take into account the liabilities as if the company were being wound up under the provisions of the Companies Act, 1956 (including prospective and contingent liabilities). (xvii) The declaration must in addition have annexed to it a report addressed to the directors by the company's auditors stating that - (1) they have inquired into the company's state of affairs, and (2) the amount of permissible capital payment for the securities in question is in their view properly determined; and (3) they are not aware of anything to indicate that the opinion expressed by the directors in the declaration as to any of the matters mentioned in the declaration is unreasonable in all the circumstances. (xviii) Such other disclosures as may be prescribed by the Central Government from time to time. (xix) The offer document shall be dated and signed by the Board of Directors of the company. Annexure-'A' (See rule 9) Companies Act, 1956 [Pursuant to section 77A (10) ] Return on Buy Back of Securities | | | | | --- | --- | --- | | 1. | Name of the company : | | | 2. | Address of Registered Office : | | | 3. | Registrar of Companies:Registration Number : | | | 4. | Income Tax PAN No. : | | | 5. | Details of capital as on -------------------- | | | | | | | | --- | --- | --- | --- | --- | | S.No. | Details of Capital | Authorised Capital | Subscribed Capital | Paid-up Capital | | 1. | 2. | 3. | 4. | 5. | | 1. | Equity | | | | | 2. | Preference | | | | | 3. | Redeemable Preference | | | | | 4. | Employees' Stock Option | | | | | 5. | Sweat Equity | | | | | 6. | Others | | | | | | TOTAL | | | | | | | | | --- | --- | --- | | 6. | Free Reserves(as defined in clause (b) of Explanation to Sec. 372(A) As on ------------------- | | | 7. | Securities Premium Account--- As on -------------------- | | | 8. | Proceeds of any shares or other specified securities--- As on -------------------- | | | 9. | Debts: As on -------------------- | | | | A. SecuredB. UnsecuredC. Total | | | 10. | Debts of Member's special Resolution authorising buy-back of securities. | | | 11. | Amount of buy-back authorised. | | | 12. | Date on which earlier buy-back authorised to be completed. | | | 13. | Date on which earlier buy-back was authorised. | | | 14. | Date on which the earlier buy-back was completed. | | | 15. | Debt Equity Ratio allowed for the company. | | | 16. | Detailes of Government approval for Debt Equity Ratio higher than 2 :1. | | | 17. | Whether there is any default in : | | | | A. | Repayment of deposit. | Yes/No | | | B. | Repayment of interest payable on “A” above. | Yes/No | | | C. | Repayment of debentures. | Yes/No | | | D. | Repayment of Preference Shares. | Yes/No | | | E. | Payment of dividend to Shareholders. | Yes/No | | | F. | Repayment of Terms Loans to any Financial Institution/ Bank. | Yes/No | | | G. | Repayment of interest on the “F” above. | Yes/No | | 18. | Whether there is any default in complying with : | | | | A. | Section 159 (Annual Return) | | | | B. | Section 207 (Payment of dividend) | | | | C. | Section 211 (Balance Sheet/ Profit and Loss Account) | | | 19. | Description of securities bought-back by the company. | | | | | | | | | | --- | --- | --- | --- | --- | --- | | S.No. | Folio No./ Certificate No. of security bought back | No. of securities bought back | Category to which they belong (Preference/ Equity/ Employees' Stock Option/ Sweat etc.) | Name of the last holder of security | Reference to entry in Members' Register | | Date of Buyback | | (1) | (2) | (3) | (4) | (5) | (6) | | | | | | | | | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | | Mode of acquisition a/b/c/d/e \* | Face value of security | Buy-back value paid for security | Total Consideration paid for Buy-back | Cumulative total of col (9) | Date of cancellation of security | Remarks | | (7) | (8) | (9) | (10) | (11) | (12) | (13) | | | | | | | | | | \* | a | - | from the existing security-holders on a proportionate basis | | | b | - | from the open market | | | c | - | from odd-lots of listed securities | | | d | - | from Employees' Stock Option | | | e | - | from Sweat Equity | | | | | | --- | --- | --- | | 20. | Date of Extinguishment of securities | | | 21. | Date of Physical destruction of securities | | | | | | | Place:Date: | Signature: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_Name: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_Designation: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Company Seal | 'Annexure B' (See rule 11) Companies Act, 1956 [Pursuant to section 77A (9) ] Register on Buy Back of Securities | | | | | --- | --- | --- | | 1. | Date of Member's Special Resolution authorising buy-back of securities. | | | 2. | Amount of buy-back authorised. | | | 3. | Date up to which buy-back authorised to be completed. | | | 4. | Description of securities bought-back by the company : | | | | | | | | | | --- | --- | --- | --- | --- | --- | | S.No. | Folio No./ Certificate No. of security bought back | No. of securities bought back | Category to which they belong (Preference/ Equity/ Employees' Stock Option/ Sweat etc.) | Name of the last holder of security | Reference to entry in Members' Register | | Date of Buyback | | (1) | (2) | (3) | (4) | (5) | (6) | | | | | | | | | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | | Mode of acquisition a/b/c/d/e \* | Face value of security | Buy-back value paid for security | Total Consideration paid for Buy-back | Cumulative total of col (9) | Date of cancellation of security | Remarks | | (7) | (8) | (9) | (10) | (11) | (12) | (13) | | | | | | | | | | \* | a | - | from the existing security-holders on a proportionate basis | | | b | - | from the open market | | | c | - | from odd-lots of listed securities | | | d | - | from Employees' Stock Option | | | e | - | from Sweat Equity | | | | | | --- | --- | --- | | 5. | Date of Extinguishment of securities | | | 6. | Date of Physical destruction of securities | | | | | | | Place:Date: | Signature: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_Name: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_Designation: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Company Seal |

65ba7b93ab84c7eca86eb97a

acts

Union of India - Act ---------------------- The Inland Waterways Authority Of India (Amendment) Act, 2001 --------------------------------------------------------------- UNION OF INDIA India The Inland Waterways Authority Of India (Amendment) Act, 2001 =============================================================== Act 40 of 2001 ---------------- * Published on 1 January 2001 * Commenced on 1 January 2001 An Act further to amend the Inland Waterways Authority of India Act,1985. BE it enacted by Parliament in the Fifty- second Year of the Republic of India as follows:- ### 1. Short title and commencement.- (1) This Act may be called the Inland Waterways Authority of India (Amendment) Act, 2001 . (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. ### 2. Amendment of section 3.- In the Inland Waterways Authority of India Act, 1985 ( 82 of 1985 ) (hereinafter referred to as the principal Act), in section 3, for sub- section (3) , the following sub- section shall be substituted, namely:-" (3) The Authority shall consist of the following members, namely:-(a) a Chairman; (b) a Vice- Chairman; (c) not more than three full- time members; and (d) not more than three part- time members, to be appointed by the Central Government by notification in the Official Gazette.". ### 3. Insertion of new section 4A.- After section 4 of the principal Act, the following section shall be inserted, namely:- " 4A. Disqualifications for appointment as member.- A person shall be disqualified for being appointed as a member, if he-(a) has been convicted and sentenced to imprisonment for an offence which, in the opinion of the Central Government, involves moral turpitude; or (b) is an undischarged insolvent; or (c) is of unsound mind and stands so declared by a competent court; or (d) has been removed or dismissed from the service of the Government or a company owned or controlled by the Government; or (e) has, in the opinion of the Central Government, such financial or other interest in the Authority as is likely to affect prejudicially the discharge by him of his functions as a member.". ### 4. Insertion of new section 5A.- After section 5 of the principal Act, the following section shall be inserted, namely:-" 5A. Meetings.- (1) The Authority shall meet at such times and places and shall observe such rules of procedure in regard to the transaction of business at its meetings, including the quorum thereat, as may be provided by regulations. (2) The Chairman or in his absence, the Vice- Chairman, or in the absence of both, such other member as is chosen by the members present at the meeting of the Authority shall preside at the meeting. (3) All questions which come up before any meeting of the Authority shall be decided by a majority of votes of the members present and voting, and in the event of an equality of votes, the Chairman or in his absence, the Vice- Chairman, or in the absence f both, the person presiding, shall have and exercise a second or casting vote.". ### 5. Amendment of section 14.- In section 14 of the principal Act, in sub- section 1, after clause (j) , the following clause shall be inserted, namely:- " (k) enter into joint ventures concerning inland shipping by way of equity participation.". ### 6. Insertion of new section 18A.- After section 18 of the principal Act, the following section shall be inserted, namely:- " 18A. Borrowing powers of the Authority.- The Authority may, in such manner and subject to such terms and conditions as may be determined by regulations, borrow money from any source by the issue of bonds, debentures or other instruments as it may think f t for discharge of all or any of its functions under the Act.". ### 7. Amendment of section 35.- In section 35 of the principal Act, in sub- section (2) , after clause (j), the following clauses shall be inserted, namely:- " (k) the terms and conditions for issue of bonds, debentures or other instruments;(l) the time, place and the rules of procedure with regard to the transaction of business at its meetings including the quorum under sub- section (1) of section 5A.".

65baa3f2ab84c7eca86ec3e9

acts

State of Gujarat - Act ------------------------ Bachelor of Pharmacy and Diploma in Pharmacy (Regulation of Admission and Payment of Fees) Rules, 2013 -------------------------------------------------------------------------------------------------------- GUJARAT India Bachelor of Pharmacy and Diploma in Pharmacy (Regulation of Admission and Payment of Fees) Rules, 2013 ======================================================================================================== Rule BACHELOR-OF-PHARMACY-AND-DIPLOMA-IN-PHARMACY-REGULATION-OF-ADMISSION-AND-PAYMENT-OF-FEES-RULES-2013 of 2013 ------------------------------------------------------------------------------------------------------------------ * Published on 14 May 2013 * Commenced on 14 May 2013 Bachelor of Pharmacy and Diploma in Pharmacy (Regulation of Admission and Payment of Fees) Rules, 2013 Published vide Notification No. GH/SH/19 /2013/PVS/102013/280/S, dated 14.5.2013 Last Updated 12th June, 2019 No. GH/SH/19 /2013/PVS/102013/280/S. - In exercise of the powers of conferred by sub-section (1) of section 20 read with section 4 of the Gujarat Professional Technical Educational Colleges or Institutions (Regulations of Admission and Fixation of Fees) Act, 2007 (Guj. 2 of 2008), the Government of Gujarat, in supersession of all the rules made in this behalf, hereby makes the following rules to regulate admission to the Bachelor of Pharmacy and Diploma in Pharmacy and Payment of Fees, as follows, namely:- ### 1. Short Title and Commencement. (1) These rules may be called the Bachelor of Pharmacy and Diploma in Pharmacy (Regulation of Admission and Payment of Fees) Rules, 2013. (2) They shall come into force on the date of their publication in the Official Gazette. ### 2. Definitions. (1) In these rules, unless the context otherwise requires,- (a) "Act" means the Gujarat Professional Technical Educational Colleges or Institutions (Regulation of Admission and Fixation of Fees) Act, 2007; (b) "Admission" for the purpose of these rules means admission of candidates in the Bachelor of Pharmacy and Diploma in Pharmacy Courses; (c) "Gujarat Board" means the Gujarat Secondary and Higher Secondary School Examination Board established under section 3 of the Gujarat Secondary and HigherSecondary Education Act, 1972; (d) "Gujarat Common Entrance Test (GUJCET)" means the common of entrance test conducted by the Gujarat Board for the purpose of admissions to the professional courses; (e) "Help Center" means the Centre notified by the Admission Committee for facilitation of the candidate for off campus online admission process; (f) "JEE (Main)" means 'Joint Entrance Examination' conducted by JEE Apex Board (JAB), New Delhi for the purpose of admissions to the professional courses; (g) [ "AIPMT" means all India Pre-Medical/Pre-Dental Entrance test (AIPMT) conducted by the Central Board of Secondary Education, New Delhi for the purpose of admissions to the MBBS courses; [Substituted by Notification No. GH/SH/24/2014/PVS/102013/280/S, dated 16.7.2014 (w.e.f. 14.5.2013).] (h) "Percentile marks" means the percentile obtained by the candidate by considering the total number of students who have appeared in their respective Board, and have appeared in JEE(Main)/AIPMT/GUJCET of the corresponding academic year;] (i) "Pharmacy Course" for the purposes of these rules Pharmacy Course means the Bachelor of Pharmacy and the Diploma in Pharmacy Courses, in the Professional Educational Colleges or Institutions of the State; (j) "Qualifying Examination" means the Higher Secondary School Certificate Examination (Standard XII,10+2 pattern) passed in the Science Stream or equivalent examination; (k) "Website" means the official website of the admission committee to carry out off campus online admission process; (l) "Supernumerary seats" shall have the meaning assigned to it in clause (//) of section 2 of the Act. (2) The words and expressions used in these rules but not defined shall have the same meanings as assigned to them in the Act. ### 3. Admissions to Pharmacy Courses. - Admissions to the First Year of the Bachelor of Pharmacy and Diploma in Pharmacy shall be given as under, namely:- (1) All the Government Seats shall be filled in on the basis of merit list prepared by the Admission Committee constituted under section 4 of the Act, for admissions to the First Year of the Bachelor of Pharmacy and Diploma in Pharmacy Courses. (2) All the Management Seats shall be filled in by the management of the respective Professional Educational College or Institution, on the basis of inter-se merit list of the students whose names appear in the merit list prepared by the Admission Committee. ### 4. Seats Available for Admission. (1) For the purpose of admission to the first year Bachelor of Pharmacy and Diploma in Pharmacy Courses, available seats shall include,- A. Government Seats. -(1) All the sanctioned seats of the Bachelor of Pharmacy and Diploma in Pharmacy Courses in the Government Colleges or Institutions of the State, (2) All the sanctioned seats of the Bachelor of Pharmacy and Diploma in Pharmacy Courses in the aided Colleges or Institutions, (3) Seventy-five percent of the total sanctioned seats of the Bachelor of Pharmacy and Diploma in Pharmacy Courses in the unaided Colleges or Institutions, and (4) All supernumerary seats of the professional courses in the Government colleges or institutions and in the aided and unaided Colleges or Institutions. B. Management Seats. -(1) Twenty-five percent seats of the total sanctioned seats of the Bachelor of Pharmacy and Diploma in Pharmacy Courses in the unaided Colleges or Institutions, including fifteen percent Non-Resident Indian seats. (2) The intimation received in respect of sanction of seats by the Admission Committee three days prior to the commencement of the first counseling program shall be considered as available seats. (3) If any unaided College or Institution requests to fill up the Management Seats by the Admission Committee, three days prior to the commencement of the counseling program, such Management Seats shall also be considered as available forgiving admissions, and (4) If any unaided College or Institution requests to fill up the Management Seats (up to 5% of the sanctioned intake) from the out of State students, such seats shall be filled by the Admission Committee on the basis of ["JEE(Main)/AIPMT" conducted in the corresponding academic year] [Substituted 'NEET' by Notification No. GH/SH/24/2014/PVS/102013/280/S, dated 16.7.2014 (w.e.f. 14.5.2013).] . Intimation for filling up such seats shall be made by unaided College or Institute three days prior to the commencement of the counseling program. Such seats, if remains vacant after the counseling programs, shall be filled as vacant seats by the College or Institute. ### 5. Eligibility for Admission. (1) For the purpose of admission, a candidate shall have passed the qualifying examination with minimum eligibility criteria of percentage of marks in subjects prescribed by AICTE from time to time from,- (i) the Gujarat Board; or (ii) the Central Board of Secondary Education: Provided that, (a) the school in which the candidate has studied, shall have been located in the State of Gujarat; or (b) the school in which the candidate has studied, shall have been located in the Union Territories of Daman and Diu or Dadra and Nagar Haveli and whose parents are of Gujarat origin; or (iii) the Council of Indian School Certificate Examination, New Delhi: Provided that,- (a) the school in which the candidate has studied, shall have been located in the State of Gujarat; or (b) the school in which the candidate has studied, shall have been located in the Union Territories of Daman and Diu or Dadra and Nagar Haveli and whose parents are of Gujarat origin; or (iv) the National Institute of Open Schooling: Provided that, (a) the study centre/school in which the candidate has studied, shall have been located in the State of Gujarat; or (b) the study centre/school in which the candidate has studied, shall have been located in the Union Territories of Daman and Diu or Dadra and Nagar Haveli and whose parents are of Gujarat origin; or (v) the International School Board: Provided that, (a) the study centre/school in which the candidate has studied, shall have been located in the State of Gujarat; or (b) the study centre/school in which the candidate has studied, shall have been located in the Union Territories of Daman and Diu or Dadra and Nagar Haveli and whose parents are of Gujarat origin; and (vi) have appeared in JEE (Main) / NEET/ GUJCET examinations conducted in the corresponding academic year. (2) A candidate whose parents are of Gujarat origin and are serving out of Gujarat in the service of Central Government or other State Government, Armed forces, Boards or Corporations owned or controlled by the Central Government or other State Government or any nationalized bank and who has passed the qualifying examination from the State where parents are serving and has appeared in the JEE (Main) / NEET/ GUJCET conducted in the corresponding academic year, shall be eligible for admission and his candidature shall be included in the merit list prepared in accordance with the provisions of rule 11. (3) A candidate who has passed the qualifying examination from any other State and, - (i) has appeared in JEE (Main)/ NEET/GUJCET conducted in the corresponding academic year; and (ii) whose parents are serving in the category of services as shown below and who are transferred from other States to Gujarat and have resumed their duties in the place where they are transferred in Gujarat and shall remain so transferred in the State of Gujarat at the time of registration for admission, shall be eligible for admission and his candidature shall be included in the merit list prepared in accordance with the provisions of rule 11. Category of Services: (a) Officers or Employees of Central Government; or (b) Officers or Employees of Public Sector Undertakings of Central Government or any State Government; or (c) Officers or Employees of nationalized banks; or (d) Officers or Employees of United Nations, UNICEF, World Health Organization and such other International Institutions located in Gujarat State; or (e) Gujarat Cadre Officers of Indian Administrative Service, Indian Police Service or Indian Forest Service working in Gujarat or working in other States on deputation; or (f) Officers or Employees of Gujarat Government posted outside Gujarat State for administrative reasons. (4) A candidate who has,- (i) studied under Jawahar Navodaya Vidyalaya Scheme up to Standard VIII in any of the schools located in the State of Gujarat, and (ii) thereafter studied in any of the schools located out of the State of Gujarat under the said scheme, and (iii) passed the qualifying examination from a Navodaya Vidyalay located outside the Gujarat State, and (iv) appeared in the JEE (Main) / NEET/ GUJCET conducted in the corresponding academic year shall be eligible for admission and his candidature shall be included in the merit list prepared in accordance with the provisions of rule 11. Explanation. - "Jawahar Navodaya Vidyalaya Scheme" means the Jawahar Navodaya Vidyalaya scheme started during the year 1985-86 by the Government of India in accordance with the National Policy of Education. The scheme is managed by Navodaya Vidyalaya Samiti, an autonomous organisation under the Department of Education, Ministry of Human Resource Development, Government of India. (5) A candidate who has passed the qualifying examination after appearing in the supplementary examination conducted by the Board shall be eligible for admission in the current academic year on the vacant seats declared under rule 19. ### 6. Reservation of Seats. (1) For the purpose of admission, the seats shall be reserved for the candidates who are of Gujarat origin and falling under the following categories and in following proportion, namely:- | | | | | --- | --- | --- | | (a) Scheduled Caste : | | 7 % | | (b) Scheduled Tribe : | | 15 % | | (c) Socially and Educationally Backward Class, including Widows and Orphan of any caste: | | 27 % | (2) A candidate seeking admission on reserved seat shall be required to produce a Certificate of Caste: Provided that the candidate belonging to Socially and Educationally Backward Classes shall be required to produce a certificate to the effect of non-inclusion in Creamy Layer in addition to the caste certificate. (3) No caste certificate shall be valid unless it is duly stamped, signed and issued by the authority empowered by the Government of Gujarat. (4) No certificate to the effect of non-inclusion in Creamy Layer shall be valid, unless it is duly stamped, signed and issued by the authority empowered by the Government of Gujarat. Such certificate shall have been issued on or after the 1st April of the academic year in which the candidate is seeking admission. (5) If a candidate fails to submit the certificates as required under sub-rule (2) within the stipulated time, his candidature shall be considered for admission under unreserved category. (6) If a candidate of reserved category gets admission on unreserved seat in order of merits, he may be given admission on the unreserved seat according to his preference. (7) The admission of a candidate of a reserved category on a reserved seat shall be valid subject to the verification of caste certificate issued to him by the authority empowered by the State Government in this behalf. In case the caste certificate is found to be invalid on verification, he shall not have right to claim his admission on reserved seat and if he has already been granted admission, such admission shall be cancelled. Admission of such candidate may be continued in case of availability of vacant unreserved seats, subject to the condition of eligibility of merit. (8) After granting admission to all the candidates of reserved categories on respective reserved seats, the reserved category seats remaining vacant shall be transferred to the unreserved category seats. ### 7. Reservation For Physically Disabled Candidates. - Three percent of the available seats in each category shall be reserved, in accordance with the provisions of the Persons With Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, for the persons with disability who can perform the academic activities in the respective course. A candidate with disability shall have to submit certificate of disability issued and duly signed by the Civil Surgeon. Explanation. - "person with disability" means a person suffering from not less than forty per cent. of any disability as certified by a competent medical authority. ### 8. Reservation for the Children of Defence Personnel and Ex-Servicemen. (1) One per cent. of available seats shall be reserved for the children of Defense personnel and Ex-Servicemen, for admission. (2) A candidate claiming admission against Ex-Servicemen category shall be required to submit a certificate to that effect duly issued by the Director, Sainik Welfare Board, Gujarat State or by the District Sainik Welfare Officer. In-Service Defence personnel shall be required to submit certificate to that effect duly issued by the Commanding Officer of the respective unit in which they are serving. (3) The seats remaining vacant against the category of Defence Personnel and Ex-Servicemen shall be filled up from the merit list of unreserved category candidates. (4) The children of Defence Personnel and Ex-Servicemen of Gujarat origin shall be included under the reserved category specified in this rule, if they have passed the qualifying examination from the schools located outside the Gujarat State and have appeared in the JEE (Main) / NEET/ GUJCET conducted in the corresponding academic year. ### 9. Distribution of Seats between Candidates of Gujarat Board and Other Boards. - For the purpose of admission, the available seats shall be distributed based on the merit list prepared under sub- rule (1) of rule 11: Provided that if percentile marks are not available from any of the Boards mentioned in the sub-rule (1) , sub-rule (2), sub-rule (3) or, as the case may be, sub-rule (4) of rule 5, then the available seats shall be distributed between candidates of the Boards for which percentile marks are available and other Boards for which percentile marks are not available, on pro-rata basis taking into consideration the two merit lists prepared as per the provisions of sub-rule (1) of rule 11. ### 10. Supernumerary Seats. (1) The supernumerary seats shall be filled in accordance with the directions of All India Council of Technical Education, New Delhi and Ministry of Human Resource Development, Government of India. (2) (i) The Tuition Fee Waiver Scheme shall be applicable to all the sanctioned seats of the [Bachelor of Pharmacy and Diploma in Pharmacy] [Substituted 'Engineering and Technology' by Notification No. GH/SH/24/2014/PVS/102013/280/S, dated 16.7.2014 (w.e.f. 14.5.2013).] courses in the Government colleges or institutions, grant-in-aid colleges or institutions and unaided colleges or institutions approved by AICTE, New Delhi; (ii) the supernumerary seats not exceeding five percent of sanctioned intake of the colleges or institutions shall be filled on the basis of merit of the candidate, whose parents' annual income is less than Rs.4.5 lakhs from all sources of income; (iii) the supernumerary seats not exceeding 15% of the sanctioned intake of all the Government Colleges or institutions, grant-in-aid colleges or institutions or unaided Colleges or Institutions approved by AICTE shall be filled with the candidates falling under the category of Foreign Nationals or Persons of Indian Origin (PIO) or Indian workers in Gulf countries, subject to the condition that up to 1/3rd of the 15% shall be reserved in the different disciplines in all the colleges or institutions, for the Children of Indian workers in the Gulf Countries. The Foreign Nationals or Persons of Indian Origins (PIO) or the children of Indian Workers in the Gulf Countries admitted through Indian Council for Cultural Relation (ICCR) or Government of India nominee shall be included in their respective category; (iv) the supernumerary seats which remain vacant shall not be offered to any one other than the respective category; (v) the Tuition Fee Waiver Scheme shall be for the complete duration of the course and the candidate admitted under this scheme shall not be allowed to change the institution or the course in any circumstances. (3) (a) Notwithstanding anything contained in these rules, two supernumerary seats in each college or institute shall be filled by the candidates who are migrants of the State of Jammu and Kashmir, in accordance with the directions from the All India Council of Technical Education, New Delhi and Ministry of Human Resource Development, Government of India, subject to the eligibility criteria prescribed in these rules; (b) such candidate shall be exempted from appearing in the JEE (Main) / NEET/ GUJCET. ### 11. Preparation of Merit List. - The merit list of the candidates who have applied for admission in the manner prescribed by the Admission Committee, within the prescribed time limit and who are found eligible for admission under these rules, shall be prepared in the following manner, namely:- (1) For the candidates who have passed the qualifying examination from any of the Boards mentioned in sub-rule (1), sub-rule (2), sub-rule (3) or, as the case may be, sub-rule (4) of rule 5, sum of sixty percent weightage of the percentile marks obtained in the theory subjects (Physics, Chemistry and Biology or Mathematics) and forty percent weightage of the percentile marks obtained in same subjects of the JEE (Main)/ NEET/ GUJCET shall be the merit marks: Provided that if percentile marks are not available from any of the Boards mentioned in sub-rule (1) , subrule (2), sub-rule (3) or, as the case may be, sub-rule (4) of rule 5, two separate merit lists shall be prepared namely:- (i) The first merit list shall include the candidates who have passed the qualifying examination from the Boards for which the percentile marks are available. The merit list shall be prepared with sixty percent weightage of the percentile marks obtained in the theory subjects (Physics, Chemistry and Biology or Mathematics) combined with forty percent weightage of the percentile marks obtained in same subjects of the JEE (Main) / NEET/ GUJCET). (ii) The second merit list shall include the candidates who have passed the qualifying examination from the Boards for which the percentile marks are not available. This shall be based on sixty percent weightage of marks obtained in theory of the subjects (Physics, Chemistry and Biology or Mathematics) after converting it to 100 combined with the forty percentage weightage of the percentile marks obtained in the JEE (Main)/ NEET/ GUJCET). (2) The criteria for deciding merit order in case of candidates having equal merit marks shall be based on the percentage of marks obtained in the qualifying examination in following sequence, namely:- (a) Mathematics/ Biology and Physics (b) Mathematics/ Biology and Chemistry (c) Physics and Chemistry (d) Mathematics/ Biology (e) Physics (f) Chemistry (g) English (h) Aggregate marks (3) [ For the purpose of sub-rule (1), the percentile marks shall mean only the percentile and while preparing the merit list, the percentage obtained by the candidate shall not be taken into account. However, only for the purpose of deciding the merit order of candidates having equal merit marks, the percentage of marks shall be considered as provided in sub-rule (2).] [Added by Notification No. GH/SH/24/2014/PVS/102013/280/S, dated 16.7.2014 (w.e.f. 14.5.2013).] ### 12. Correction of Marks. (1) In case of change in marks of a candidate in the qualifying examination, such candidate shall produce a letter to that effect issued by the competent authority or the corrected mark sheet issued by the Board, before the Admission Committee at least one day before the commencement of admission process (counselling program) but not later than seven days from the receipt of letter or, as the case may be, corrected mark-sheet. In such case he shall be placed at an appropriate order in the merit list. (2) The candidate who was declared failed initially in the qualifying examination, but later on declared passed after rechecking of marks by the Board, such candidate shall, notwithstanding any time limit prescribed, be allowed to apply for the admission, provided he produces a letter to that effect issued by the competent authority or the corrected mark sheet issued by the Board, within seven days of the receipt of letter or, as the case may be, corrected mark-sheet. In such case he shall be placed at an appropriate order in the merit list. ### 13. Registration for Admission. (1) A candidate seeking admission shall apply on-line, for the registration of his candidature, on the website, within the time limit specified by the Admission Committee. (2) The Admission Committee shall, by advertisement in the prominent newspapers widely circulated in the State, by web-site and by such other means, as it may consider convenient, publish the date of registration, the list of Help Centers, last date for submission of registration form, courses offered and such other information as may be necessary in this behalf. (3) For the purpose of registration, a candidate shall be required to make payment of such sum towards the Registration fee, etc. as determined by the Admission Committee. (4) Where a candidate has made more than one registrations, the registration made at the later stage shall be taken into consideration for admission purpose and the other registration shall be treated as cancelled. (5) A candidate shall be required to obtain the print out of the registration form and shall sign and submit the same, along with the self-attested copies of the requisite certificates and testimonials as specified in the registration form, at the Help Centre. An acknowledgement receipt for the same shall be given by the person authorised by the Admission Committee. ### 14. Admission Procedure. - The admission procedure shall be off campus online in the following manner, namely:- (1) The Admission Committee shall prepare merit lists of the eligible candidates who have applied under sub-rule (1) of rule 13, after verification of the documents submitted under sub-rule (5) of rule 13. (2) The merit lists shall be displayed on the web-site of the Admission Committee and by such other means, as the Committee may consider convenient. (3) The Admission Committee shall publish the schedule of online counselling program on its web-site, by advertisement in the prominent newspapers widely circulated in the State, and by such other means, as it may consider convenient. (4) The candidate shall be required to indicate his order of choices of courses and colleges or institutions, online. Allotment of seats shall be made on the basis of merit, category of the candidate and availability of seats. The allotment of seats shall be published on the web-site of the Committee. The candidates are required to obtain the print out of the Information letter and bank fee receipt copies from the website. (5) The candidate shall be required to pay such fee, as may be determined bythe Admission Committee. (6) The candidate, for securing his admission, shall produce at the Help Centre, the information letter, receipt of fee, all original documents and testimonials, for verification, within the specified time limit. Such candidate shall be eligible to participate in the successive rounds of counselling provided he has given option for the same. In case, the candidate fails to produce the aforesaid required documents within prescribed time limit, the admission offered to him shall be treated as cancelled. (7) Where considerable number of seats fall vacant and it appears to the Committee to fill the vacant seats, it may conduct the on-line admission process for readjustment (reshuffling) of seats. The candidate, who opts to partake in reshuffling process, shall be considered for such admission. The candidate may either give option for up gradation of choices already given or submit new choices. If the candidate gets the admission on the basis of up-gradation or new choice, then his earlier admission shall be treated as cancelled. ### 15. Fee. (1) A candidate who gets admission in the Government or aided college or institution shall have to pay such fees, as may be determined by the Government, at such stages, as may be determined by the Admission Committee. (2) A candidate who gets admission in unaided colleges or institutions shall have to pay such fees, as may be determined by the Fee Regulatory Committee constituted under section 9 of the Act, for unaided colleges or institutions, at such stages, as may be determined bythe Admission Committee. (3) If a candidate, who has paid the fees after getting admission, gets his admission cancelled, his fees shall be refunded after completion of the admission process, provided that the seat vacated by him is filled by another candidate. (4) If a candidate who has paid the fees after getting admission and gets his admission changed in another course and/or college or institution in the readjustment (reshuffling) process, he shall pay the difference of fees, if any, at the time of getting admission or, as the case may be, fees shall be refunded after the completion of admission process. ### 16. Documents to be Attached with the application. (1) The candidate shall submit the self-attested copies of the following documents along with the print out of the registration form at the Help Center, namely:- (i) S.S.C. Examination (Std. X) Mark-sheet, (ii) H.S.C. Examination (Std. XII) Mark-sheet, (iii) JEE (Main)/ NEET/GUJCET Mark-sheet, (iv) School Leaving Certificate or Transfer Certificate, (v) Caste certificate for a candidate belonging to Scheduled Castes (SC), Scheduled Tribes (ST) and Socially and Educationally Backward Classes (SEBC), issued by the authority empowered by the State Government in this behalf, (vi) Non Creamy Layer (NCL) certificate of the family, issued after 1st April of the relevant academic year, by the authority empowered by the State Government in this behalf, (vii) Certificate of Physical Disability, issued and duly signed by the Civil Surgeon/ competent Medical Authority, in case the candidate is a Physically Handicapped candidate, (viii) Certificate of Ex-Serviceman, duly issued by the Director, Sainik Welfare Board, Gujarat State or by the District Sainik Welfare Officer, (ix) A copy of certificate of In-Serviceman duly issued by the Commanding Officer of the respective unit in which he is serving, (x) A copy of certificate of income issued by the authority empowered by the State Government in this behalf, if applicable, (xi) Photograph of candidate for other State / other than Gujarat Secondary and Higher Secondary School Examination Board, and (xii) Such other certificates as the Admission Committee deems necessary. (2) After getting the information letter, the candidate shall have to produce for verification, the original certificates and testimonials of the documents attached with the registration form, at the Help Center, within time-limit as may be specified by the Admission Committee. (3) The Help Center may retain any original certificate or testimonial, which it considers necessary until the admission process is completed. Such Help Center shall return the original certificate or testimonial to the candidate after completion of the admission process. (4) The candidate who is unable to produce original certificates and testimonials necessary for the purpose of admission within the time-limit prescribed in sub-rule (2), he may be granted provisional admission, subject to following conditions, namely:- (i) On payment of Rs.10,000/- (Rupees Ten thousand) to the Admission Committee as security deposit by the candidate. If the candidate submits the required documents within a period of three working days, the remaining amount of the security deposit shall, after deducting Rs. 500/- (Rupees Five hundred) towards the administrative expenditure, be refunded; (ii) In the event of failure to submit original certificates and testimonials within the time limit as aforesaid, the provisional admission may be cancelled and the security deposit may be forfeited. ### 17. Ineligibility for admission on production of false documents. - During verification of documents or subsequently, if the Admission Committee / Help Centers finds any certificate or testimonial or information submitted by any candidate, incorrect or false, the candidature of such candidate shall be cancelled for that year and he shall be disqualified for admission for the period of next two years. ### 18. Cancellation of Admission and Refund of Fee. (1) In case of cancellation of admission or transfer of candidate by the Admission Committee, due to administrative reasons, the college or institution in which the candidate was granted admission shall refund the fee collected by it, to such candidate. (2) In case of cancellation of admission due to failure of candidate to get himself reported at the Help Center within the specified time limit as prescribed in sub-rules (6) of rule 14, or for such other reason as the Admission Committee may consider reasonable, and subject to the condition of such vacated seat being filled up by the Admission Committee, the fees collected from such candidate shall be refunded after completion of the admission process, after deduction of such amount as the Admission Committee may determine. (3) (a) In case of a candidate withdrawing his candidature before completion of admission process, for any reason whatsoever, he may request in writing to the Admission Committee for such withdrawal. In such case, the fee collected, if any, by the Admission Committee shall be refunded to such candidate, subject to the condition of such vacated seat being filled up by the Admission Committee. (b) In case of a candidate withdrawing his candidature after completion of admission process, for any reason whatsoever, he may request in writing to the college or institution in which he is granted admission, for refund of fee paid by him. In such case the fee shall be refunded, by such college or institution, as per the directions of the Admission Committee. ### 19. Vacant Seats. (1) After offering admission to all the candidates whose name appear in the merit list or after completion of the admission process, if the seats remain vacant, such vacant seats shall be filled by the institutes, in accordance with the directions of the Admission Committee and in the manner prescribed in sub-rule (2). (2) Such institute shall, invite application from the eligible candidates and prepare an inter-se merit-list in the following order:- (i) names of the candidates whose name appears in the merit list of the Admission Committee, (ii) candidates who has cleared the qualifying examination in the supplementary examination, [and have appeared in GUJCET/JEE (Main) examination of corresponding year] [Added by Notification No. GH/SH/24/2014/PVS/102013/280/S, dated 16.7.2014 (w.e.f. 14.5.2013).] (iii) names of the candidates who have passed qualifying examination from outside the Gujarat State and have appeared in JEE (Main) / [AIPMT] [Substituted 'NEET' by Notification No. GH/SH/24/2014/PVS/102013/280/S, dated 16.7.2014 (w.e.f. 14.5.2013).] / GUJCET conducted in the corresponding academic year, giving priority to the candidates of Gujarat origin. (iv) After allotting the seats to candidates mentioned in sub-clause (i), (ii) and (iii) above, if any seat remains vacant, the institute shall invite application from the candidates who have passed Diploma Pharmacy / Degree Science course and grant admission on merit. Such candidates shall be eligible for admission in first year of Degree Pharmacy only. ### 20. Admission to Unaided Colleges or Institutions. (1) The Management Seats may be filled, by the management of the respective unaided colleges or institutions based on the inter-se merit list of the candidates whose names appears in the merit list prepared by the Admission Committee: Provided that no candidate shall be admitted against the management seat unless his name appears in the merit list prepared by the Admission Committee: Provided further that where any Non Resident Indian seat remains vacant, such seat shall be filled in from the Management Seat: Provided also that where any management seat remains vacant, such seat shall be filled by the Admission Committee as Government Seat. (2) The admission process for filling up of Management Seats shall be carried out by the management of the respective unaided colleges or institutions in accordance with the procedure as may be determined by the Admission Committee. (3) The unaided colleges or institutions shall collect the fees, as may be determined by the Fee Regulatory Committee, constituted under section 9 of the Act and such other fees as provided under the provisions of the Act. ### 21. Penalty. - Any breach of any of the provisions of the Act, these rules or any directions issued by the Government, the Admission Committee or, as the case may be, the Fee Regulatory Committee, by any person, shall be liable to penalty as provided in the Act. ### 22. Interpretation. - In implementation of the provisions of these rules, if any difficulty or question arises as to the interpretation of any provision, the decision of the State Government shall be final.

65badd36ab84c7eca86ec9d7

acts

Central Provinces And Berar - Act ----------------------------------- The Central Provinces and Berar Adjustment and Liquidation of Industrial Workers' Debt Act, 1936 -------------------------------------------------------------------------------------------------- CENTRAL PROVINCES AND BERAR India The Central Provinces and Berar Adjustment and Liquidation of Industrial Workers' Debt Act, 1936 ================================================================================================== Act 5 of 1936 --------------- * Published on 10 April 1936 * Commenced on 10 April 1936 The Central Provinces and Berar Adjustment and Liquidation of Industrial Workers' Debt Act, 1936 Central Provinces and Berar Act No. 5 of 1936 [Published in the "Central Provinces Gazette", dated the 10th April, 1936.] For Statement of Objects and Reasons and Report of Select Committee, see Central Provinces Gazette, dated the 4th January, 1935 and 20th December, 1935, Part II, pages 4-11 and pages 383-401, respectively. For discussion, see Central Provinces Legislative Council Proceedings, dated the 1st February, 1935, 8th August, 1935 and 23rd January, 1936, pages 391-392 of Volume IX of 1935, pages 45-48 of Volume X of 1935 and page 50 of Volume XI of 1936, respectively. An Act to provide for the adjustment and liquidation of the debts of industrial workers Preamble. - Whereas, it is expedient to provide for the adjustment and liquidation of the debts of industrial workers; And Whereas, the previous sanction of the Governor General required by sub-section (3) of section 80-A of the Government of India Act has been obtained to the passing of this Act; It is hereby enacted as follows. ### 1. Short title. (1) This Act may be called the Central Provinces [and Berar] [Inserted by Central Provinces and Berar Act XV of 1941, Section 2.] Adjustment and Liquidation of Industrial Workers' Debt Act, 1936. (2) Extent. - It extends to the whole of Madhya Pradesh. (3) Commencement. - This section shall come into force at once and the remaining provisions of this Act shall [come into force in] [The Act came into force on the 1st January, 1937 in specified areas, see Commerce and Industry Department Notification No. 2604-2130 XIII, and No. 2605-2130-XIII both dated the 26th October, 1936, published at p. 1021, Part 1, of the Central Provinces Gazette, dated the 6th November, 1936.] such local area and on such date as the State Government may, by notification, direct. ### 2. Definitions. - In this Act, unless there is anything repugnant in the subject or context,- (i) "assets" means all property owned by a person which could be attached under the Civil Procedure Code, 1908, in execution of a decree and, except where the context indicates otherwise, includes any sum realized by a Court under this Act from the sale of any such property; (ii) "adjusted debt" means the sum shown against the name of any creditor in the schedule prepared under section 21; (iii) "average income" means the average monthly income of an industrial worker calculated on his total income from all sources during a period of twelve months preceding the month of the presentation of a liquidation petition under this Act; (iv) "Court" means the principal Civil Court of original jurisdiction and shall include a Civil Court specifically empowered by notification in this behalf by the State Government. (v) "creditor" includes a decree-holder, "debt" includes a judgement-debt and "debtor" includes a judgement-debtor; (vi) "dependant", in relation to an industrial worker means any of the following relatives, namely - (a) a wife, minor legitimate son and unmarried legitimate daughter, or a widowed mother; and (b) if, during a period of twelve months preceding the month of the presentation of a liquidation petition, entirely dependant on the earnings of the industrial worker, a husband, a parent other than a widowed mother, a minor illegitimate son, an unmarried illegitimate daughter, a daughter legitimate or illegitimate if married and a minor or if widowed, a minor brother, an unmarried or widowed sister, a widowed daughter-in-law, a minor child of a deceased son, or, where no parent of the industrial worker is alive, a paternal grandparent; (vii) [ "factory" means a factory as defined in the Factories Act, 1934.] [See now the Factories Act, 1948 (LXI1I of 1948).] (viii) "industrial establishment" means any establishment which the State Government may, by notification declare as an industrial establishment; (ix) "industrial worker" means a person who is employed either by way of manual labour or on monthly wages in a factory, mine or industrial establishment and whose average income does not exceed fifty rupees, but shall not include a person who is employed for doing clerical work; (x) "mine" means a mine as defined in the Indian Mines Act, 1923; (xi) "prescribed" means prescribed by rules made under this Act; (xii) "property" includes any property over which or the profits of which any person has a disposing power which he may exercise for his own benefit; (xiii) "secured debt" means a debt due to a creditor from his debtor for which the creditor holds a mortgage, charge or lien on the property of the debtor or any part thereof as security for that debt; (xiv) "surplus" means in the case of industrial worker having - (a) no dependant, twelve times his average income, (b) one dependant, nine times his average income, and (c) more than one dependant, six times his average income; and (xv) other words and expressions shall have the meanings assigned to them in the Provincial Insolvency Act, 1920. ### 3. Presentation of liquidation petition. - Any industrial worker may present a petition for the liquidation of his debts (hereinafter called a liquidation petition), if his debts exercise the aggregate value of his assets and three times his average income and if he was, on the date of the presentation of a liquidation petition, an industrial worker for a period of not less than one year preceding such date. ### 4. Bar for entertainment of petition under the Provincial Insolvency Act, 1920. - No Court shall entertain a petition under the Provincial Insolvency Act, 1920, to have an industrial worker adjudged an insolvent except where - (i) such industrial worker is not entitled to present a liquidation petition under section 3, or (ii) a liquidation petition presented by such industrial worker under section 3 has been dismissed under section 14 or the proceedings have been cancelled under section 34. ### 5. Verification of liquidation petition. - Every liquidation petition shall be in writing and shall be signed and verified in the manner prescribed by the Code of Civil Procedure, 1908, for signing and verifying plaints. ### 6. Court to which liquidation petition may be presented. - Every liquidation petition shall be presented to the Court having jurisdiction under this Act in any local area in which an industrial worker ordinarily resides or personally works for gain or, if he has been arrested or imprisoned, where he is in custody. ### 7. Contents of liquidation petition. - Every liquidation petition shall contain the following particulars, namely :- (a) a declaration that the petitioning industrial worker (hereinafter referred to as petitioner) is entitled to present a liquidation petition; (b) a statement that he is willing but unable to pay his debts; (c) the place where he ordinarily resides or personally works for gain or, if he has been arrested or imprisoned, the place where he is in custody; (d) the Court (if any) by whose order he has been arrested or imprisoned or by which an order has been made for the attachment of his property, together with particulars of the decree in respect of which any such order has been made; (e) the amount and the particulars of all pecuniary claims against him, together with the names and residences of his creditors so far as they are known to, or can, by the exercise of reasonable care and diligence, be ascertained by him; (f) the amount and particulars of all his property together with - (i) a specification of the value of all such property not consisting of money; (ii) the place or places at which such property is to be found; and (iii) a declaration of his willingness to place at the disposal of the Court all such property save in so far as it includes such particulars as are exempted by the Code of Civil Procedure, 1908 or by any other enactment for the time being in force from liability to attachment and sale in execution of a decree; (g) a statement showing the number of his dependants and his average income; and (h) a statement whether the petitioner has on any previous occasion filed a liquidation petition and, where such a petition has been filed, - (i) if such petition has been dismissed under section 14 or the proceedings have been cancelled under section 34, the reasons for such dismissal or cancellation; (j) (ii) if such petition has been allowed, concise particulars of the debts liquidated, including a statement whether any previous liquidation has been cancelled and, if so, the grounds therefor. ### 8. Procedure for admission of liquidation petitions. - The procedure laid down in the Code of Civil Procedure, 1908, with respect to the admission of plaints shall, so far as it is applicable, be followed in the case of liquidation petitions under this Act. ### 9. Procedure on admission of liquidation petitions. (1) Where a liquidation petition has been admitted, the Court shall make an order fixing a date for hearing the petition. (2) Notice of the order under sub-section (1) shall be given to the creditors of the petitioner in such manner as may be prescribed. ### 10. Prohibition to apply for arrest of industrial worker and power of Court to release industrial worker. - A creditor, who has received notice of a liquidation petition presented by an industrial worker, shall not be entitled, from the date of the service of such notice, to apply to any Court for the arrest of the petitioner in any suit or proceeding for the recovery of any debt proposed to be liquidated under the liquidation petition and if such petitioner is under arrest or imprisonment in execution of a decree of any Court, the Court making the order admitting the petition shall, notwithstanding anything contained in any other enactment for the time being in force, order his release on such terms as to security as may be reasonable and necessary. ### 11. Procedure at hearing of liquidation petitions. (1) On the day fixed for the hearing of a liquidation petition or on any subsequent day to which the hearing may be adjourned, the Court shall require proof that the petitioner is entitled to present the liquidation petition : Provided that, he shall, for the purpose of proving his inability to pay debts, be required to furnish only such proof as to satisfy the Court that there are prima facie grounds for believing the same and the Court, if and when so satisfied, shall not be bound to hear any further evidence thereon. (2) The Court shall also examine the petitioner, if he is present, as to his conduct, dealings and property in the presence of such creditors as appear at the hearing and the creditors shall have the right to question him thereon. (3) The Court shall, if sufficient cause is shown, grant time to the petitioner or any of his creditors to produce any evidence which appears to it to be necessary for the proper disposal of the petition. (4) A memorandum of the substance of the examination of the petitioner and of any other oral evidence given shall be made by the Court and shall form part of the record of the case. ### 12. Power and procedure of Court. - Subject to the provisions of this Act, the Court shall have the same powers and shall follow the same procedure, so far as may be, as a Court invested with jurisdiction under the Provincial Insolvency Act, 1920. ### 13. Abatement of proceedings on death of petitioner. - If an industrial worker who has presented a liquidation petition under this Act dies, the proceedings in the matter shall abate. ### 14. Dismissal of liquidation petition. - Where, for reasons to be recorded in writing, the Court is not satisfied that a petitioner is entitled to present a petition under section 3, it shall dismiss the petition. ### 15. Order of adjudication and appointment of receiver. - If the Court does not dismiss a liquidation petition, it shall make an order of adjudication, and may, at the same time or at any time afterwards, appoint a receiver for the property of the petitioner in accordance with the Code of Civil Procedure, 1908. ### 16. Effect of order of adjudication. (1) On the making of an order of adjudication, the whole of the assets of the petitioner shall vest in the Court or in a receiver and thereafter no creditor to whom the petitioner is indebted in respect of any debt adjustable under this Act shall have any remedy against the assets of such petitioner in respect of his debt or commence any suit or other legal proceeding except with the leave of the Court and on such terms as it may impose. (2) All assets which are acquired by or devolve on the petitioner after the date of an order of adjudication and before his discharge shall forthwith vest in the Court or receiver and the provisions of subsection (1) shall apply in respect thereof. (3) An order of adjudication shall relate back to, and take effect from, the date of the presentation of a liquidation petition on which it is made. ### 17. Avoidance of voluntary transfer. - Any transfer of his assets by an industrial worker not being a transfer made before and in consideration of marriage or made in favour of a purchaser or encumbrancer in good faith and for valuable consideration shall, if an order of adjudication is passed on a liquidation petition presented by him within two years after the date of the transfer, be voidable as against the receiver and may be annulled by the Court. ### 18. Avoidance of preference to certain creditors over other creditors. - Every transfer of assets, every payment made, every obligation incurred, and every judicial proceeding taken or suffered by any industrial worker, who is unable to pay from his own money his debts as they become due in favour of any creditor, with the intention of giving that creditor a preference over other creditors shall, if an order of adjudication is passed on a liquidation petition presented by him within three months after the date thereof, be deemed fraudulent and void as against the receiver and shall be annulled by the Court. ### 19. Debts adjustable. - All debts, except those incapable of being fairly estimated or demands in the nature of unliquidated damages, shall be adjustable under this Act. ### 20. Determination of petitioner's debts. (1) On making an order of adjudication, the Court shall enquire into the amount of the petitioner's debts and may refuse to admit any debt shown by the petitioner or claimed by any creditor. (2) In determining the amount of debts due, the Court may exercise the powers conferred upon it by section 3 of the Usurious Loans Act, 1918 : Provided that, no Court shall allow on account of arrears of interest, exclusive of such interest as has already been paid, a sum greater than the principal of the debt. ### 21. Schedule of determined debts. - After the Court has determined the debts, it shall prepare a schedule in such form as may be prescribed showing - (i) the amount of the debts so determined and the creditors to whom they are due; (ii) the assets of the petitioner and their value as estimated by the Court; and (iii) the average income of the petitioner. ### 22. Procedure after determination of debts. (1) If the adjusted debts of the petitioner do not exceed the sum of the assets and the surplus the Court shall read out to the parties present the adjusted debts and the names of the creditors to whom they are due and shall discharge the petitioner. (2) After a petitioner is discharged under sub-section (1), no sum shall be recoverable in any Court in respect of any debt then owed by him, with the exception of the adjusted debts and simple interest on such debts at a rate not exceeding six per cent per annum from the date of discharge. (3) The entry of a debt in the schedule prepared under section 21 shall, in any civil proceeding, be conclusive proof that sum was due to that creditor from the petitioner at the date on which such schedule was signed by the Court. ### 23. Encumbered industrial worker. (1) If the total adjusted debts of a petitioner exceed the sum of his assets and the surplus, the Court shall issue a declaration that the petitioner is an encumbered industrial worker. (2) The Court shall at the same lime read out to the parties present the names of the creditors with the adjusted debts due to them and shall discharge the claims of those creditors to whom no debts have been found due on adjustment. ### 24. Realization of debts of encumbered industrial worker. - The Court shall realize the assets of every petitioner in respect of whom a declaration has been issued, under sub-section (1) of section 23, that he is an encumbered industrial worker. ### 25. Making over proceeds of assets to secured creditor. (1) After realizing the assets of an encumbered industrial worker under section 24, the Court shall make over the proceeds of any assets on which, or any part of which, a creditor holds a mortgage, charge or lien to such creditor, up to the amount of the adjusted debts due to him from the encumbered industrial worker. (2) If the amount realized under sub-section (1) is in any case insufficient to meet the adjusted debts due to the secured creditor, he shall rank in respect of the remainder of the debts due to him as an unsecured creditor. ### 26. Distribution of proceeds of assets to creditors in order of priority and assignment of shares of surplus. (1) After taking any action required by section 25, the Court shall distribute the proceeds of the assets available for the unsecured creditors to those creditors in proportion to the adjusted debts due to them and shall make an order in such form as may be prescribed assigning a share of the surplus, not exceeding one thirty-sixth of the surplus in any one month payable on the specified dates to the creditors in order of priority. (2) In determining the order of priority among the creditors, the Court shall have regard to the date of incurring the debts, the purposes for which they were incurred and any other circumstances which it regards as conferring a claim to priority. ### 27. Execution of order under section 26 as decree of Court of Small Causes. - Every creditor whose claim has not been discharged shall be supplied with a copy of the order made under sub-section (1) of section 26 and such order may be executed by that creditor in any appropriate Civil Court in respect of any share of the surplus assigned to him as though it were the decree of a Court of Small Causes bearing the date of the order : Provided that, it shall not be necessary to certify payment through the Court until the judgement-debtor has had notice of execution : Provided further that, no such order shall be capable of execution more than three years after the date of the order. ### 28. Sums exempt from interest. - Sums due under an order issued under section 26 shall carry no further interest. ### 29. Recovery of debt due by encumbered industrial worker. - No sum shall be recoverable otherwise than in accordance with sections 23, 24, 25, 27 and 28 in respect of any debt entered in the schedule prepared under section 21 in respect of any person declared to be an encumbered industrial worker. ### 30. Bar of recovery of debt of industrial worker. - No debt incurred by any industrial worker, while he is an encumbered industrial worker, shall be recoverable in any Court. ### 31. Cessation of industrial worker as encumbered industrial worker. (1) The Court may, at any time before the expiry of thirty-seven months from the date of its order under section 26, if it is satisfied that an encumbered industrial worker has paid the sums specified in that order declare that he has ceased to be an encumbered industrial worker. (2) On such a declaration being made or on the expiry of thirty-seven months from the date of the order under section 26, whichever is earlier, the industrial worker shall cease to be an encumbered industrial worker. ### 32. Display of lists of petitioners and encumbered industrial workers. - The Court shall cause to be displayed at all times during Court hours in a part of the Court house to which the public have access - (a) a list of all petitioners whose liquidation petitions are pending in the Court, giving their addresses and the dates of their petitions and the dates on which these petitions will be heard; (b) a list of all industrial workers who are encumbered industrial workers, giving their addresses and the dates on which they are declared to be encumbered industrial workers. ### 33. Concealment of any debt by industrial worker. - If an industrial worker conceals any debt, the creditor to whom such debt is due may apply to the Court for a declaration that any proceedings instituted by such industrial worker are not applicable to that debt, and on such a declaration being given the creditor shall have all the rights in respect of such debt that he would have had if the proceedings were not instituted, except that he shall have no claim against any assets realized and distributed. ### 34. Power of Court to cancel proceedings. - The Court may, at any time for reasons to be recorded in writing, cancel the proceedings on grounds relating to the conduct of the petitioner, and if a liquidation petition is proved to be false in any material particular, the Court may declare that the petitioner is not entitled to any further relief under this Act, in which case no further petition from him shall be considered. ### 35. Appeal. (1) Any petitioner or creditor aggrieved by any order of the Court under sub-section (1) of section 20 or section 26 or section 34 may, within thirty days from the date of such order, appeal to the Court ordinarily hearing appeals from a decision of such first mentioned Court. (2) On admission of an appeal under sub-section (1), the Court shall pass such order thereon as it thinks fit, and this order shall be final and shall not be subject to revision. ### 36. Limitation. - In calculating the period of limitation for any suit or application which might have been brought or made but for proceedings under this Act, the period from the date of presentation of a liquidation petition under this Act to the date the proceedings thereunder terminate shall be excluded. ### 37. Penalty. - If an industrial worker, whether before or after the making of an order of adjudication - (a) wilfully fails to deliver up to the Court or to any person authorised by it in this behalf possession of any part of his assets which are realizable by the Court under this Act and which are for the time being in his possession or under his control, or (b) fraudulently with intent to conceal the state of his affairs or to defeat the objects of this Act,- (i) has destroyed or otherwise wilfully prevented or purposely withheld the production of any document relating to such of his affairs as are subject to investigation under this Act, or (ii) has kept or caused to be kept false account books, or has made false entries in or withheld entries from or wilfully altered or falsified any document relating to such of his affairs as are subject to investigation under this Act, or (c) fraudulently with intent to diminish the sum to be distributed among his creditors or to give an undue preference to any of his creditors, - (i) has discharged or concealed any debt due to or from him, or (ii) has made away with, charged, mortgaged or concealed any part of his assets, he shall be punishable on conviction, with imprisonment which may extend to one year. ### 38. Penalty to encumbered industrial worker for obtaining credit. (1) An encumbered industrial worker obtaining credit to the extent of fifty rupees or upwards from any person without informing such person that he is an encumbered industrial worker shall, on conviction by a Magistrate, be punishable with imprisonment for a term which may extend to six months or with fine which may extend to two hundred rupees or with both. (2) Where the Court has reason to believe that an encumbered industrial worker has committed the offence referred to in sub-section (1) the Court, after making such preliminary inquiry as may be deemed fit, may send the case for trial to the nearest Magistrate of the First Class and may send the accused in custody or take sufficient security for his appearance before such Magistrate and may bind over any person to appear and give evidence on such trial. ### 39. Power to make rules. (1) The State Government may, after previous publication, make rules for the purpose of carrying into effect all or any of the provisions of this Act. (2) In particular and without prejudice to the generality of the foregoing powers, the State Government may make rules - (a) prescribing the manner of giving notice under sub-section (2) of section 9, (b) prescribing the form in which a schedule shall be prepared under section 21, (c) prescribing the form in which a statement shall be prepared under sub-section (1) of section 26, (d) prescribing the form in which an order shall be made under sub-section (2) of section 26, and (e) generally for the purpose of carrying into effect the provisions of this Act.

65ba8a06ab84c7eca86ebf8b

acts

Union of India - Act ---------------------- Mormugao Port Rules, 1966 --------------------------- UNION OF INDIA India Mormugao Port Rules, 1966 =========================== Rule MORMUGAO-PORT-RULES-1966 of 1966 --------------------------------------- * Published on 15 March 1966 * Commenced on 15 March 1966 Mormugao Port Rules, 1966 Published vide Notification Gazette of India, 1966, Part 2, Section 3(i) , page 1086. ### 2016. G.S.R. 935, dated 15th March, 1966 - In exercise of the powers conferred by sub-section (1) of section (6) of the Indian Ports Act, 1908 (15 of 1908) the Central Government hereby makes the following Rules for the Port of Mormugao, the same having been previously published as required by sub-section (2) of the said section, namely: ### 1. Short Title - These rules may be called the Mormugao Port Rules, 1966. ### 2. Definitions - In these rules, unless the context otherwise requires:- (a) "Act" means the Indian Ports Act, 1908 (15 of 1908); (b) "Board" means the Board of Trustees constituted under the Major Port Trusts Act, 1963 (38 of 1963) for the Port and includes the body of persons appointed to be the Conservator of the Port under the Act; (c) "Dangerous goods" means goods as defined in the Indian Merchant Shipping (Carriage of Dangerous Goods) Rules, 1954; (d) "Deputy Conservator" means the officer, appointed by the Board to assist the conservator in the performance of any duty imposed upon him by or under the Act; (e) "Explosives" means explosives as defined in the Indian Explosives Act, 1884 (4 of 1884); (f) "Harbour" means that part of the Port, in which sections 31 and 32 of the Act are for the time beings in force; (g) "Harbour Master" means the officer, appointed by the Conservator, to have charge, under supervision of the Deputy Conservator, of the berthing, mooring and movement of every vessel within the Port and includes any person acting under instructions of the Harbour Master; (h) "Master" includes any person (except the pilot or Harbour Master) having the command of a ship; (i) "Navigable Channel" means that portion of the Port used from time to time by seagoing vessels and sea planes; (j) "Pilot" means the person for the time being authorized by the Central Government to pilot vessels under Sub-section (3) of the Act; (k) "Port" means the Port of Mormugao, and the navigable channels leading to it in which the Act is for the time being in force; (i) "Sea-going vessel" means the vessel proceeding to sea beyond inland waters or beyond waters declared to be smooth or partially smooth by the Central Government; (m) "Vessel" includes any ship, boat, sailing vessel of any other discription used in navigation. ### 3. Application - Save as otherwise expressly provided in these rules, these rules shall be applicable only within the local limits of the Port. ### 2. Nothing in these rules shall affect the provisions of any rule made under any law made by Parliament or any existing Central Law. Entering Or Leaving Port ### 4. No sea-going vessel shall enter or leave the harbour at any time without having on board a pilot. Provided that a sea-going vessel may leave the harbour without having on board a pilot under stress of weather after giving the Port Signal Station an intimation of her intention to do so, and after taking the consent of the Harbour Master. ### 5. Every sea-going vessel shall on entering or leaving the Port between sunrise and sunset fly her national flag and shall show her signal letters. ### 6. Every sea-going vessel entering or leaving the harbour shall be provided with the efficient rope ladder and if the pilot considers the ladder or the man-ropes provided by a vessel to be unsafe. he may refuse to board or leave her, as the case may be until a strong and efficient rope ladder and stout man-ropes are provided as required under the Indian Merchant Shipping (Pilot ladder) Rules, 1953. ### 7. The Master of a vessel, entering or leaving the Port, shall be responsible for the maintenance of normal handling power to work main engines at full speed, ahead or astern, as may be required until such time as the vessel is berthed or cleared of navigable channels. ### 8. When a sea-going vessel is expected to arrive in the Port, her agents shall send to the Conservator of the Port, at the earliest, possible moment a notice in the form given below: Form Port of Mormugao Notice of the expected arrival of a vessel. ### 1. Name of vessel and nationality. ### 2. Net registered tonnage of the vessel. ### 3. Expected date and time of the arrival. ### 4. Draft on arrival. ### 5. Tonnage and description of cargo to be landed. ### 6. Tonnage and description of cargo to be shipped. ### 7. Expected duration of stay in the Port. ### 8. Particular Berth, if any, preferred by the agents. ### 9. Last Port of call. ### 10. Next port of call. ### 9. Pilots shall take vessels to sea from clear berths or bring them into Port/when the lights and navigation marks are visible and reasonably distant objects are discernible. ### 10. Proper look-out both day and night shall be maintained by vessels to give immediate notice of any obstructions or danger forward of the ship. ### 11. No dangerous goods and explosives shall be permitted to be brought within the limits of the Port unless packed in manner, which in the opinion of the Deputy Conservator is adequate to withstand the ordinary risks of handling the transport by sea. ### 12. Every vessel shall have sufficient number of suitable fenders ready for immediate use whenever there is risk of the vessel striking against any other object. Berths and Stations ### 13. (1) Every vessel shall take up the berth or mooring or occupy the place assigned to her by the Deputy Conservator and shall change her berth, or move when required to do so by the Deputy Conservator. (2) No immobilised vessel shall be shifted without the orders of the Deputy Conservator. ### 14. Every application for sea-going vessels to be moved or for any other assistance shall be made in writing and addressed to the Deputy Conservator between the hours of 9.00a.m. and 5.00 p.m. except on a Sunday or any other day declared as a holiday by the Conservator of the Port and in the case of an application which is required to be made on a Sunday or other holiday, the application shall be sent so as to reach the Deputy Conservator's office on the previous day. The application shall clearly indicate the maximum draft is expected to load. ### 15. Every vessel within the harbour, shall employ such tug as is in the opinion of the Deputy Conservator, the Harbour Master or the pilot-in-charge, necessary for manoeuvering and her safety. ### 16. The following order of priority of berthing of seagoing vessels will be normally followed except when otherwise directed by the Deputy Conservator in the interests of navigation and safety: (i) Passenger vessels, (ii) Petroleum vessels, (iii) Vessels caring food grains and perishable cargoes, (iv) Cargo vessels, Note - The time of arrival at the Port is considered to be the time when the vessel comes under order of the Signal station regarding her entry to the harbour. A vessel that arrives outside the harbour and receives instruction to anchor during the night and to enter in the habour at day break, is considered to have arrived before a ship which arrives and enters at day-break ahead of the ship that is anchored. The time of arrival at the Port is considered to be the time when the vessel comes under order of the Signal station regarding her entry to the harbour. A vessel that arrives outside the harbour and receives instruction to anchor during the night and to enter in the habour at day break, is considered to have arrived before a ship which arrives and enters at day-break ahead of the ship that is anchored. Striking Masts and Yards : Projections. ### 17. Every vessel within the port lying at, proceeding to or from the moorings or jetties shall turn in all boats and projections (except fenders) likely to foul any other object. Every vessel within the Port shall strike its yards, top-mast etc. on being required to do so by the Deputy Conservator or his Assistants, whether by signals or otherwise. Vessels taking in particular cargoes or taking in or discharging passenger ### 18. Every vessel taking or discharging ballast or any kind of cargo, such as ammunition or other explosive kerosene oil, bones coral or other offensive articles and timber or passengers, within the Port, shall do so only at such berths moorings or anchorages as the Deputy Conservator may direct. ### 19. No ballast, earth ashes, stones, rubbish waste material filth oil ballast and bilge water containing oil in a proportion of 100 parts or more in 1,000,000 parts shall be discharged or allowed to leak or flow from any vessel in the Port, without the prior permission of the Deputy Conservator. ### 20. The master of every vessel shall take all necessary precautions by placing guards or otherwise to prevent injury to persons or damage to property. ### 21. Every vessel when not working cargo shall have all open hatchways protected or closed. Bunkering of vessel in liquid fuel ### 22. Bunkering of every vessel with liquid fuel may be permitted at the quays by means of the service pipe lines, provided that the following conditions are fulfilled. (a) During all such time as any vessel is receiving liquid fuel in to her bunkers, the master or the First Mate of such vessel shall be present on board and it shall be incumbent upon him to see that these rules are complied with and that all reasonable precautions for safety are observed. (b) A ship's officer shall be on watch and an attendant shall be stationed alongside the flexible connecting pipe while bunkering is in progress. (c) Supplier of liquid fuel shall be responsible for seeing that all flexible pipes used for bunkering vessels are tested to a pressure of 100 pounds per square inch before operations commence and that all joints are oil tight. (d) (i) Every supplier of liquid fuel for bunkering shall be liable for any damage what over caused to cargo or property belonging to the Port, by any leakage of fuel or other causes. (ii) the master and owner or the agents of the vessel receiving such fuel shall also be liable for any such damage if caused by negligence or defect or failure of apparatus or appliances belonging to the vessel. (e) No cargo other than goods, unaffected by oil shall be allowed on the wharf within 50 feet of the oil stand pipes and shed doors immediately behind them shall be kept closed while bunkering is in progress. (f) Before bunkering commences, the ship's attendant shall see that the telephone connected to the oil company's depot is in working order. (g) An attendant shall be on duty at the pump throughout the time of bunkering. (h) At least two hours notice in writing shall be given to the Harbour Master before bunkering is commenced. (i) No bunkering shall be commenced unless the Port, the Officer is satisfied that all precautions necessary have been taken. Keeping Free Passages ### 23. The entrance to the harbour, every space between the different moorings within the harbour, every space in the vicinity of the quays and the turning basin shall be kept free to such extent as may be required by the Deputy Conservator. Anchoring fastening mooring and unmooring ### 24. No vessel shall make fast to or use any mooring without the permission of the Deputy Conservator or the Harbour Master. ### 25. Every vessel underway or lying in the stream or at the mooring shall at all times have her anchors ready for letting go. ### 26. No persons shall moor any vessel in any manner other than that prescribed by the Deputy Conservator or the Harbour Master, or alter the mooring of any vessel without the permission of the Deputy Conservator or the Harbour Master, save for the purpose of easing undue strain or for taking up undue slack. ### 27. No vessel shall without the permission of the Deputy Conservator dismantle her engines or otherwise render herself incapable of movements. ### 28. No vessel occupying a berth shall turn her screws without giving sufficient warning to all boats in the vicinity and with due precautions to the moorings etc. Moving and Warping ### 29. Every vessel within the Port shall be moved or warped from place to place as required and by such means or appliances as may be ordered by the Deputy Conservator. ### 30. No vessel shall cast off a warp that has been made fast to her to assist a vessel moving without being required to do so by the pilot. Fires and Lights ### 31. (a) Fires on vessels shall be permitted only in galleys or properly constructed fire places. (b) The discharge of fire-works is prohibited on any vessel, wharf, quay pier, jetty or landing place. (c) No persons shall smoke or use naked lights of any description in a hold or between decks of a vessel or any enclosed space, in such vessel containing stores, cargo or inflammable materials and suitable notices to this effect shall be displayed in prominent places. (d) When a fire has broken out in any vessel, the Master or Officer in charge of vessels in neighboring berths or moorings shall furl their warnings and take the necessary steps to keep all the fire fighting equipments ready for use and prepare to slip their cables or hawsers. (e) No vessel shall be fumigated except at a place appointed by the Deputy Conservator for the purpose. (f) Pitch or dammer shall not be heated on board vessels within the Port, but in a boat alongside or astern nor shall spirits be drawn off in board such vessels by candle or other unprotected artificial lights. Signals ### 32. (a) The master of any vessel arriving within the Port with ammunition or explosives or gun powder on board as cargo or with inflammable cargo, shall display a red flag 'B" of the International Code of signals at the fore during daylight; and between sunset and sunrise shall exhibit a red light where it best be seen and visible all round the horizon, for such time as the ammunition, explosives or gunpowder may be on board within the local limits of the Port. (b) The use of 'sound signals' for attracting attention is prohibited on board vessels while within the local limits of the Port except for the purpose specified in regulations (15), (28) and (31) of the International Regulation for preventing collisions at sea and in case of emergency where assistance from the shore is urgently required in the interests of the safety of the vessel or when the pilot in charge thinks fit to do so. (c) All necessary signals can be made by vessels using the international Code of Signals and they will be acknowledged by the answering pendant being hoisted all the Signal Station masthead. Communications by the Morse and Semaphore Codes may be made to the Port Signal Station by day and by night using flag 'Z' by day and flashing 'Z' at short intervals by night to call up station. All the nights signals shall be made in one hoist, the lights being in a vertical line one over the other not less than 1 meter apart with the exception of single light signals and of the second and the third signals which are to be hoisted as indicated against them:- | | | | | --- | --- | --- | | Signal | | | | Day | Night | Where hoisted | Signification | | Flag Q | | To be hoisted where best seen | My ship is healthy and I request free pratique. | | | | To be shown where best seen, the lights being not more than 2 metres apart. | I have not received free pratique. | | Flag QQ | | To be hosited where best seen. | My ship is suspected. | | | | To be shown where best, seen the lights being not more than 2 metres, apart. | I have not receive free, pratique. | | Flag QL | | To be hoisted where best seen | My ship is infected. | | | | To be shown where best, seen the lights being not more than 2 metres, apart. | I have not received free pratique. | | Ensign and House flag | | To be lowered half mast. | Death on board while in port limits. | | | | Masthead. | | | Pilot Jack | | | | | Flags DQ | | Where best seen, masthead, signal yard arm, or stay signal halliards | Am on fire and require immediate assistance. | | Flags DV | | Where best seen, masthead signal yard arm, or stay signal halliards. | Have sprung a leak and require immediate assistance. | | Flags DZ | | Where best seen, masthead, signal yard arm, or stay signal halliards | Require immediate assistance. | | Flags B | | To be hosited where it can best be seen and visible all round the horizon, | Have ammunition, or explosives or gunpowder or inflammable cargo on board. | | Flags S, T | | Where best seen, mast head, signal yard arm, or stay signal halliards. | Want Police | | Flags A, N, G | | Where best seen, mast head, signal yard arm, or stay signal halliards. | Have parted moorings | | Flags YA | | Do | Require tug. | | Flag W | | Do | Want doctor or medical assistance | | Pendent No. 4 | Nil | Do | Am entering the harbour. | | Flag N | Nil | Do | Am proceeding out of the harbour | | Flag Y | | Where best seen, masthead, signal yard arm, or stay signal halliards. | Require fresh water. | | Note | | Indicates a white light | Indicates a red light | | Flags S, I, X | Nil | Where best seen masthead, signal yard arm, or stay signal halliards. | Require agents Mormugao. | (d) The following signals are made at the Port Signal Station flag staff. ### 1. Storm Warning Signals (A) Distant signals. | | | | | --- | --- | --- | | I Cautionary: -There is a region of squally weather in which a storm may be forming. | Day | Night | | Note:-This signal is hoisted at Port so situated with reference to the disturbed weather that a ship leaving the Port might run into danger during its voyage. If one of the latter mentioned signals is not more appropriate and has not already been hoisted this signal is hoisted at Arabian Sea ports also when a disturbance from Bay of Bengal is crossing the Peninsula and may develop into a cyclone after entering the Arabian Sea. | | | | II Warning:- A Storm has formed. | | Note:-This signal is hoisted when there is no immediate danger of the port itself being affected, but ships leaving the port might run into the storm. | | | | B.Local Signals | | | | III- Cautionary:-The Port is threatened by squally weather. | | IV Warning:-The Port is threatened by a storm but it does not appear that the danger is as yet sufficiently get to justify extremes measures of precaution. | | | | Note:-The existence of a storm can often be determined before its direction of motion can be fixed. In this case all those ports which the storm could possibly strike are warned by this signal. | | V- Danger:-The Port will experience severe weather from a storm, of slight or moderate intensity, that is expected to cross the coast to the south of the Port. | | | | VI Danger:-The Port will experience severe weather from a storm, of slight or moderate intensity, that is expected to cross the coast to the north of the Port. | | | | VII Danger:-The Port will experience severe weather from a storm, of a slight or moderate intensity that is expected to cross over or near to the Port. | | | | VIII Great Danger:-The Port will experience severe weather from a storm of great intensity that is expected to cross the coast to the south of the Port | | | | IX Great Danger:-The Port will experience severe weather from a storm of great intensity that is expected to cross the coast to the north of the Port. | | | | X . Great Danger:-The Port will experience severe weather from a storm of great intensity that is expected to cross over or near to the Port. | | | | XI. Failure of Communications:-Communications with the Meteorological warning centers have broken down and the local officer considers that there is danger of bad weather. | | | ### 2. General (a) Day Signals | | | | | --- | --- | --- | | Signal | Where hoisted | Signification | | Flag N. | Masthead | A vessel in harbour requires a pilot. | | Pendent No. 4 | -do- | A vessel is on sight. | | 1 Black Ball | -do- | A vessel in the harbour is underweight or about to get underweight and that incoming vessels should allow plenty of sea-room. | | NOTE:- Flag 'N' is hauled down on the Signal Station after the pilot boarded the out going vessel. | | | | (b) Night Signals | | | One white light | Masthead | Vessel (either inside or outside the Breakwater) requires pilot. | Note - When a pilot on board a vessel outside the breakwater intending to enter, sees the 'N' flag at the masthead of a vessel inside or black ball at the Masthead of the Signal Station he must wait outside until the vessel flying the 'N' flag has cleared the breakwater taking care to allow the outgoing vessel plenty of sea room if the 'N' is lowered to half mast he may enter. Number Of Crew Every vessel in the Port shall be efficiently manned at all times except whenever any vessel is laid up in any berth, anchorage or mooring especially allotted to her for that purpose, the Deputy Conservator may authorize the vessel to be laid up with a minimum crew for a specified period. Employment of Persons No persons shall be employed in cleaning, chipping or painting a vessel or in working in the bilges, boilers or double bottom of a vessel in the Port, without ensuring that the working conditions in such places are made safe to the satisfaction of the Deputy Conservator. Bathing in the Harbour Bathing is strictly prohibited in the harbour on account of the sharks which infest it.

65ba71cfab84c7eca86eb584

acts

Union of India - Act ---------------------- The Government Savings Certificates Act, 1959 ----------------------------------------------- UNION OF INDIA India The Government Savings Certificates Act, 1959 =============================================== Act 46 of 1959 ---------------- * Published on 18 September 1959 * Commenced on 18 September 1959 The Government Savings Certificates Act, 1959 ACT NO. 46 OF 1959 ### 1350. The post Office National Saving Certificates Ordinance, 1944 (42 of 1944), issued under Section 72 of the Ninth Schedule to the Government of India Act, 1935, as originally enacted and continued in force by virtue of the provisions of the India and Burma (Emergency Provisions) Act, 1940 (3 and 4 Geo. 6, Ch. 33) regulates the sale and discharge of National Savings Certificates issued through the Post Offices. Suggestions have made from time to time that as the production of legal proof of succession involves considerable delay and expenses, the holders of saving certificates in the event of their death without the production of succession certificate or other proof of title. In seeking to amend that Ordinance for the above purpose, opportunity is taken to replace it by an Act of Parliament. 2. The certificates to which the Ordinance applies are at present being issued and discharged only through Post Office. It is however, becoming increasing necessary that facilities should be provided for the sale of the certificates through agencies other than the Post Offices as well. The Bill as framed will now enable the Government to prescribe suitable authorities for the sale or discharge of the certificates. - Gazette of India, Extra, 27-8-1959, Pt. II, section 2, page 873. [18th September, 1959.] An Act to make certain provisions in respect of Government Savings Certificates. Be it enacted by Parliament in the Tenth Year of the Republic of India as follows:- | | | --- | | Extended to the Union territory of Goa, Daman and Diu (w.e.f. 1-9-1979,) vide Notification No. S.O. 2734, see Gazette of India, Extraordinary, Pt. II, Section 3 (ii) , p 1991. Extended to and brought into force in Dadra and Nagar Haveli (w.e.f. 1-7-1965) by Reg. 6 of 1963. s. 2 and Sch. This Act came into force in Pondicherry on 1-10-1963: vide Reg. 7 of 1963, Section 3 and Sch. I. 2 1st August. 1960 : vide Notification No. G.S.R. 709. dated 25th June. 1960, Gazette of India, 1960, Pt. II Section 3 (i). p. 968. 3 For such notification see Notification No. G.S.R. 710, dated 25th June, 1960, p. 968, ibid. | ### 1. Short title, commencement and application. (1) This Act may be called the Government Savings Certificates Act, 1959. (2) It shall come into force on such [date] [1st August. 1960 : vide Notification No. G.S.R. 709. dated 25th June. 1960, Gazette of India, 1960, Pt. II Section 3 (i) . p. 968. ] as the Central Government may, by notification in the Official Gazette, [appoint] [1st August, 1960 is the day so appointed - see Gazette of India, 1960, Pt. II, Section 3(i) , page 968] . (3) It applies to such class of savings certificates as the Central Government may, by [notification] [Inserted by Act 56 of 1985, S.3.] in the Official Gazette, specify in this behalf. ### 2. Definitions. In this Act, unless the context otherwise requires,- (a) "minor" means a person who is not deemed to have attained his majority under the Indian Majority Act, 1875 ; (9 of 1875.) (b) "prescribed" means prescribed by rules made under this Act; (c) "savings certificate" means a savings certificate to which this Act applies ; (d) "transfer" means a transfer inter vivos, and does not include transfer by operation of law ### 3. Restrictions on transfer savings certificates. Notwithstanding anything contained in any law for the time being in force, no transfer of a savings certificate, whether made before or after the commencement of this Act, shall be valid unless it has been made with the previous consent in writing of the prescribed authority. ### 4. Holdings by or on behalf of minors. Notwithstanding any provision in any law for the time being in force,- (a) a minor may apply for and hold savings certificates and any other person may apply for and hold savings certificates on behalf of a minor; (b) where any savings certificate is held by or on behalf of a minor, the minor shall, whether the savings certificate was applied for and issued before or after the commencement of this Act, be bound by the provisions of this Act and of any rules made thereunder applicable to such savings certificate and by the terms of any declaration made by the applicant for the savings certificate in pursuance of the said rules. ### 5. Payment where certificate is held by or on behalf of a minor. Payment of the sum for the time being due on a savings certificate held by or on behalf of a minor may be made (a) to him personally, if he himself applied for the savings certificate, or (b) for the use of the minor, if the application for the savings certificate was made by any person other than the minor,- (i) to any such person, being a parent of the minor or guardian of his property, as may be specified in that behalf in the form of application; (ii) if no such person has been specified, to any guardian of the property of the minor appointed by a competent court, or where no such guardian has been so appointed, to either parent of the minor, or where neither parent is alive, to any other guardian of the minor. ### 6. Nomination by holders of savings certificates. (1) Notwithstanding anything contained in any law for the time being in force, or in any disposition, testamentary or otherwise in respect of any savings certificate, where a nomination made in the prescribed manner purports to confer on any person the right to receive payment of the sum for the time being due on the savings certificate on the death of the holder thereof and before the maturity of the certificate, or before the certificate having reached maturity has been discharged, the nominee shall, on the death of the holder of the savings certificate, become entitled to the savings certificate and to be paid the sum due thereon to the exclusion of all others 31 persons, unless the nomination is varied or cancelled in the prescribed manner. (2) Any nomination referred to in sub-section (1) shall become void if the nominee predeceases, or where there are two or more nominees all the nominees predecease, the holder of the savings certificate making the nomination. (3) Where the nominee is a minor, it shall be lawful for the holder of the savings certificate making the nomination to appoint in the prescribed manner any person to receive the sum due thereon in the event of his death during the minority of the nominee. (4) A transfer of a savings certificate made in the prescribed manner shall automatically cancel a nomination previously made: Provided that where a savings certificate is held by or on behalf of any person as a pledgee or by way of security for any purpose, such holding shall not have the effect of cancelling a nomination but the right of the nominee shall be subject to the right of the person so holding it. ### 7. Payment on death of holder. (1) If the holder of a savings certificate dies and there is in force at the time of his death a nomination in favour of any person, payment of the sum due thereon shall be made to the nominee. (2) Where the nominee is a minor, payment of the sum due thereon shall be made-- (a) in any case where a person has been appointed to receive it under sub-section (3) of section 6, to that person, and (b) where there is no such person, to any guardian of the property of the minor appointed by a competent court, or where no such guardian has been so appointed, to either parent of the minor, or where neither parent is alive, to any other guardian of the minor. (3) Where the sum due on a savings certificate is payable to two or more nominees, and either or any of them dies, the sum shall be paid to the surviving nominee or nominees. (4) If a person dies and is at the time of his death the holder of a savings certificate and there is no nomination in force at the time of his death and probate of his will or letters of administration of his estate or a succession certificate granted under the Indian Succession Act, 1925, (39 of 1925.) is not within three months of the death of the holder produced to the prescribed authority, then, if the sum due on the savings certificate does not exceed [such limit as may be prescribed the prescribed] [Substituted for the words " five thousand rupees" by the Government Savings Laws (Amendment) Act (56 of 1985), Section 3 (4-9-85)] , authority may pay the same to any person appearing to 32 it to be entitled to receive the sum or to administer the estate of the deceased. (5) Nothing contained in this section shall be deemed to require any person to receive payment of the sum due on a savings certificate before it has reached maturity or otherwise than in accordance with the terms of the savings certificate. ### 8. Payment to be a full discharge. (1) Any payment made in accordance with the foregoing provisions of this Act to a minor or to his parent or guardian or to a nominee or to any other person shall be a full discharge from all further liability in respect of the sum so paid. (2) Nothing in sub-section (1) shall be deemed to preclude any executor or administrator or other representative of a deceased holder of a savings certificate from recovering from the person receiving the same under section 7 the amount remaining in his hands after deducting the amount of all debts or other demands lawfully paid or discharged by him in due course of administration. (3) Any creditor or claimant against the estate of a holder of a savings certificate may recover his debt or claim out of the sum paid under this Act to any person and remaining in his hands un-administered, in the same manner and to the same extent as if the latter had obtained letters of administration to the estate of the deceased. ### 9. Security for due administration. The prescribed authority may take such security as it thinks necessary from any person to whom any money is paid under sub-section (4) of section 7 for the due administration of the money so paid and may assign the said security to any person interested in such administrations. ### 10. Power to administer oath. (1) For the purpose of ascertaining the right of a person claiming to be entitled to payment under sub-section (4) of section 7, the prescribed authority may take evidence on oath or affirmation according to the law for the time being in force relating to oaths and affirmation. (2) Any person who upon such oath or affirmation makes any statement which is false and which he either knows or believes to be false or does not believe to be true shall be deemed guilty of an offence under section 193 of the Indian Penal Code. ### 11. Protection of action taken in good faith. No suit or other legal proceeding shall lie against any officer of the Government or any prescribed authority in respect of 33 anything which is in good faith done or intended to be done under this Act. ### 12. Power to make rules. (1) The Central Government may, by notification in the Official Gazette, make [rules] [For the Post Office Savings Certificates Rules, 1960, see Gazette of India, 1960 Pt. II, Section 3 (i) pp. 968-983] to carry out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for- (a) the form of application for savings certificates and the issue and discharge of such certificates ; (b) the maximum limits of holdings; (c) the conditions as to payment of interest or discount relating to any class of savings certificates and the recovery of any interest paid on any amount held in excess of the maximum limits in the same manner as an arrear of land revenue or in any, other manner; (d) the transfer and conversion of savings certificates and the fees to be levied in respect thereof ; (e) the replacement of savings certificates mutilated, lost or destroyed and the fees payable in respect thereof ; (f) the form of nominations, the manner in which and the conditions subject to which nominations may be made and the registration of nominations ; (g) the manner in which any person may be appointed for the purposes of sub-section (3) of section 6 ; (h) the variation or cancellation of nominations and the registration of such variations or cancellations ; (i) the fees that may be levied for registration, variation or cancellation of nominations; (ia) [ the limit under sub-section (4) of section 7;] [Inserted by the Government Savings Laws (Amendment) Act (56 of 1985), S.3, (4-9-1985) ] (j) any other matter which has to be, or may be prescribed. (3) Every rule made under this section shall be laid as soon as may be after it is made before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, both-Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. ### 13. Repeal and savings. (1) The Post Office National Savings Certificates Ordinance, 1944 (42 of 1944), is hereby repealed. (2) Notwithstanding the repeal of the said Ordinance, any rules made or deemed to have been made or anything done or any action, taken in exercise of any of the powers conferred by or under the said Ordinance shall be deemed to have been made, done or taken in exercise of the powers conferred by or under this Act, as if this Act were in force on the day on which such rules were made, such thing was done or such action was taken.

65b9b032ab84c7eca86e99df

acts

State of Rajasthan - Act -------------------------- The Provisions of The Panchayat (Extensions to the Scheduled Area), Act, 1996 ------------------------------------------------------------------------------- RAJASTHAN India The Provisions of The Panchayat (Extensions to the Scheduled Area), Act, 1996 =============================================================================== Act 40 of 1996 ---------------- * Published on 24 December 1996 * Commenced on 24 December 1996 The Provisions of The Panchayat (Extensions to the Scheduled Area), Act, 1996 (Act No. 40 of 1996 ) Published in Gazette of India, Extraordinary, Part II Section I, No. 70, dated 24.12.1996. An Act to provide for the extension of the provisions of Part IX of the Constitution relating to the Panchayats to the Scheduled Areas. Be it enacted by Parliament in the Forty-Seventh Year of the Republic of India as follows: — ### 1. Short title. — This Act may be called the "Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996". ### 2. Definition. — In this Act, unless the context otherwise requires, "Scheduled Areas" means the Scheduled Areas as referred to in clause (1) of Art. 244 of the Constitution. ### 3. Extension of Part IX of the Constitution. — The provisions of Part TX of the Constitution relating to Panchayats are hereby extended to the Scheduled Areas subject to such exceptions and modifications as are provided in Section 4. ### 4. Exceptions and modifications to Part IX of the Constitution. — Notwithstanding anything contained under Part IX of the Constitution, the Legislature of a State shall not make any law under that Part which is inconsistent with any of the following features, namely: (a) a State legislation on the Panchayats that may be made shall be in consonance with the customary law, social and religious practices and traditional management practices of community resources; (b) a village shall ordinarily consist of a habitation or a group of habitations or a hamlet or a group of hamlets comprising a community and managing its affairs in accordance with traditions and customs; (c) every village shall have a Gram Sabha consisting of persons whose names are included in the electoral rolls for the Panchayat at the village level; (d) every Gram Sabha shall be competent to safeguard and preserve the traditions and customs of the people, their cultural identity, community resources and the customary mode of dispute resolution; (e) every Gram Sabha shall — (i) approve the plans, programmers and projects for social and economic development before such plans, programmers and projects are taken up for implementation by the Panchayat at the village level; (ii) be responsible for the identification or selection of persons as beneficiaries under the poverty alleviation and other programmers; (f) every Panchayat at the village level shall be required to obtain from the Gram Sabha a certificate of utilisation of funds by the Panchayat for the plans, programmers and projects referred to in clause (e); (g) the reservation of seats in the Scheduled Areas at every Panchayat shall be in proportion to the population of the communities in the Panchayat for whom reservation is sought to be given under Part IX of the Constitution: Provided that the reservation for the Scheduled Tribe shall not be less than one-half of the total number of seats; Provided further that all seats of Chairpersons of Panchayats at all levels shall be reserved for the Scheduled Tribes; (h) the State Government may nominate persons belonging to such Scheduled Tribes as have no representation in the Panchayat at the intermediate level or the Panchayat at the district level: Provided that such nomination shall not exceed one tenth of the total members to be elected in that Panchayat; (i) the Gram Sabha or the Panchayats at the appropriate level shall be consulted before making the acquisition of land in the Scheduled Areas for development projects and before re-setting or rehabilitating persons affected by such projects in the Scheduled Areas; the actual planning and implementation of the projects in the Scheduled Areas shall be coordinated at the State level; (j) planning and management of minor water bodies in the Scheduled Areas shall be entrusted to Panchayats at the appropriate level; (k) the recommendations of the Gram Sabha or the Panchayats at the appropriate level shall be made mandatory prior to grant of prospecting licence or mining lease for minor minerals in the Scheduled Areas; (l) the prior recommendation of the Gram Sabha or the Panchayats at the appropriate level shall be made mandatory for grant of concession for the exploitation of minor minerals by auction; (m) while endowing Panchayats in the Scheduled Areas with such powers and authority as may be necessary to enable them to function as institutions of self-government, a state Legislature shall ensure that the Panchayats at the appropriate level and the Gram Sabha are endowed specifically with — (i) the power to enforce prohibition or to regulate or restrict the sale and consumption of any intoxicant; (ii) the ownership of minor forest produce; (iii) the power to prevent alienation of land in the Scheduled Areas and to take appropriate action to restore any unlawfully alienated land of a Scheduled Tribes; (iv) the power to manage village markets by whatever name called; (v) the power to exercise control over money lending to the Scheduled Tribes; (vi) the power to exercise control over institutions and functionaries in all social sectors; (vii) the power to control over local plans and resources for such plans including tribal sub-plans; (n) the Sate legislation's that may endow Panchayats with powers and authority as may be necessary to enable them to function as institutions of self-government shall contain safeguards to ensure that Panchayats at the higher level do not assume the powers and authority of any Panchayat at the lower level or of the Gram Sabha; (o) the Sate Legislature shall endeavour to follow the pattern of the Sixth Schedule to the Constitution while designing the administrative arrangements in the Panchayats at district levels in the Scheduled Areas. ### 5. Continuance of existing laws and Panchayats. — Notwithstanding anything in Part IX of the Constitution with exceptions and modifications made by this Act, any provision of any law relating to Panchayats in force in the Scheduled Areas immediately before the date on which this Act receives the assent of the President which is inconsistent with the provisions of Part IX with such exceptions and modifications shall continue to be in force until amendment or repealed by a competent Legislature or other competent authority or until the expiration of one year from the date on which this Act receives the assent of the President: Provided that all the Panchayats existing immediately before such date shall continue till the expiration of their duration unless sooner dissolved by a resolution passed to that effect by the Legislative Assembly of that State or, in the case of a State having Legislative Council, by each House of the Legislature of that State.

65b9a29bab84c7eca86e9826

acts

State of Haryana - Act ------------------------ Haryana State Industrial Security Force Act, 2003 --------------------------------------------------- HARYANA India Haryana State Industrial Security Force Act, 2003 =================================================== Act 21 of 2003 ---------------- * Published on 7 October 2003 * Commenced on 7 October 2003 Haryana State Industrial Security Force Act, 2003 Haryana Act No. 21 of 2003 Statement of Objects and Reasons. - The Haryana State Industrial Security Force Act, 2003 was enacted to provide the Haryana State Industrial Security Force for the protection and security to autonomous bodies, establishments, industrial undertakings and the employees of all such industrial undertakings and for matters connected therewith or incidental thereto. It was with a view that the expenditure of the force to be provided will be got reimbursed from the indenting agencies and there would be no liability on the State exchequer. Now it has been noticed that there is no substantial demand for the force and the expenditure incurred on the force will be debited to the State exchequer, which will be an unnecessary burden on the people of Haryana without any fruitful purpose. According to the present calculations, annual expenditure on the force will be over Rs. 47 crores and reimbursement is likely to be of the order of Rs. 2.50 crores only. Apart from the likelihood of incurring huge financial losses, serious irregularities/flaws in the entire process of selection/recruitment were noticed. The Government has decided to repeal the Haryana State Industrial Security Force Act, 2002. Hence this Bill. Published vide Haryana Government Gazette (Extraordinary) , dated the 9th June, 2005, page 2608. No. Leg.23/2003. - The following Act of the Legislature of the State of Haryana received the assent of the Governor of Haryana on the 7th October, 2003, and is hereby published for general information :- An Act to provide for the constitution and regulation of Force of the State for protection and security of Government treasuries, institutions and also to provide protection and security to autonomous bodies, establishments, industrial undertakings and the employees of all such industrial undertakings and for matters connected therewith or incidental thereto. Be it enacted by the Legislature of the State of Haryana in the Fifty-fourth Year of the Republic of India as follows :- ### 1. Short title, extent and commencement. (1) This Act may be called the Haryana State Industrial Security Force Act, 2003. (2) It extends to the whole of the State of Haryana. (3) It shall come into force on such date as the State Government may, by notification, appoint. ### 2. Definitions. - In this Act, unless the context otherwise requires, - (a) "autonomous body" means an institution wholly or partially run on the funds or grants of or controlled by the Government; (b) "Director General" means the Director General of the Force appointed under section 4; (c) "enrolled members of the Force" means any upper subordinate, lower subordinate or any other member of the Force of the rank not lower than that of a lower subordinate; (d) "establishment" means an office, rest house or such other institutions run by the Government; (e) "Force" means the State Industrial Security Force constituted under section 3; (f) "Force custody" means the arrest or confinement of a person by the member of the Force in accordance with the rules made under this Act; (g) "Government" means the Government of State of Haryana; (h) "industrial undertaking" means any undertaking pertaining to a scheduled industry and includes as undertaking engaged in any other industry, or in any trade, business or service which may be regulated by law made by the Parliament or Legislative Assembly of the State. (i) "industrial undertaking in public sector" means an industrial undertaking owned, controlled or managed by the Government and includes, - (I) a Government company as defined in section 617 of the Companies Act (Central Act 1 of 1956); (II) a Corporation established and controlled by the Government; (j) "institution" means any organization meant for advancement of trade, business or any other social or an economic services and includes banks, universities and other educational institutions; (k) "Managing Director" in relation to an industrial undertaking means the person, who exercises control over the affairs of that undertaking and includes a general manager, chief executive officer or called by any other name; (l) "member of the Force" means a person appointed as such to the Force under this Act; (m) "prescribed" means prescribed by rules made under this Act; (n) "scheduled industry" means any industry engaged in the manufacture or production of the articles mentioned in the First Schedule to the Industries Development and Regulation Act, 1951 (Central Act 65 of 1951); (o) "State" means the State of Haryana; (p) "strategic and vital installations" means all such vulnerable points or areas as specified by the Government from time to time, and declared essential for the maintenance of the life of the community and which require special protection against sabotage; (q) "upper subordinate" means a person appointed to the Force as an Inspector, a Sub-Inspector or an Assistant Sub-Inspector; (r) "supervisory officer" means any of the officers appointed under section 4 and includes any other officer appointed by the Government as supervisory officer of the Force; (s) "lower subordinate" means a person appointed to the Force as a Head Constable, or Constable. ### 3. Constitution of the Force. (1) The Government shall, by notification in the Official Gazette, constitute the Force to be called "The Haryana State Industrial Security Force". (2) The Force shall consist of such number of supervisory officers, upper subordinates, lower subordinates and other enrolled members and shall receive such pay and other remuneration as may be prescribed. (3) The Headquarters of the Force shall be at Panchkula or at such other place as may be specified by the Government from time to time. ### 4. Appointment and powers of the Director General and Supervisory Officers. (1) The Government may appoint a person to be the Director General of the Force and may appoint other persons to be Inspectors General, Deputy Inspectors General, Commandants, Deputy Commandants and Assistant Commandants of the Force as Supervisory Officers. (2) The Director General and every other supervisory officer so appointed under sub-section (1) shall have and may exercise, such powers and perform such duties as may be prescribed. ### 5. Appointment of enrolled members of the Force. - The Director General or such supervisory officer as may be authorised by the Government shall enroll members of the Force in the manner prescribed. ### 6. Certificates of members of the Force. - Every enrolled member under section 5 shall be granted, on his appointment, a certificate in the form prescribed under the seal of the Director General or such other supervisory officer as the Director General may specify in this behalf, and the person holding such certificate shall exercise the powers of an enrolled member of the Force and perform such duties as may be prescribed. ### 7. Superintendence and administration of the Force. (1) The Director General shall be the principal administrative officer of the Force subject to the overall control of the Government. He shall exercise such powers and perform such duties as may be prescribed. (2) Subject to the provisions of the sub-section (1) the administration of the Force within such local limits as may be prescribed shall be carried on by the Inspector General, Deputy Inspector General, Commandant, Deputy Commandant or Assistant Commandant in accordance with the provisions of this Act and any rules made thereunder and every supervisory officer placed in charge of the protection and security of Government treasuries, institutions, autonomous bodies, industrial undertakings, assets owned and controlled by the State and Central Governments and strategic and vital installations under their control shall function on such terms and conditions as may be prescribed and shall subject to any direction that may be given by the Government or the Director General in this behalf, discharge his functions under the general supervision, direction and control of the authority in charge of the institutions, autonomous bodies or strategic and vital installations and managing directors of industrial undertakings. ### 8. Duties of members of the Force. - It shall be the duty of every officer and member of the Force, - (i) to obey and execute all orders lawfully issued to him by his superior authority; (ii) to protect and safeguard the Government treasuries, institutions, autonomous bodies, industrial undertakings and assets owned and controlled by the State and Central Governments and strategic and vital installations under their control; (iii) to protect and safeguard such other industrial undertakings and installations for the protection and security of which he is deputed under section 9; (iv) to protect and safeguard the employees of the industrial undertakings and installations referred to in clauses (ii) and (iii); (v) to do any other act conducive to the protection and security of the institutions, autonomous bodies, industrial undertakings and assets owned and controlled by the State and Central Governments and strategic and vital installations referred to in clauses (ii) and (iii) and the employees referred to in clause (iv). ### 9. Deputation of the Force. (1) Subject to any general direction of the Government and the recovery of charges of the Force on such terms and conditions as may be prescribed, it shall be lawful for the Director General on a request received in this behalf from the authority in charge of the establishments, institutions, autonomous bodies, industrial undertakings and assets owned and controlled by the State and Central Government and strategic and vital installations which are not owned or controlled by the State Government or which are financed, owned or controlled by the Central Government, showing the necessity thereof, to depute such number of the members of the force as the Director General may consider necessary for the protection and security thereof and any installations attached thereto and the members of the Force so deputed shall be at the charge of such officer or authority as directed by the Director General or any other officer on his behalf : Provided that in the case of an establishment, institution, autonomous body, undertaking, strategic and vital installations controlled or managed by a company in which the Government is not having interest, Force shall be deputed with the approval of the Government : Provided further that if the Director General is of the opinion that the circumstances necessitating the deputation of the Force have ceased to exist and the Force is needed somewhere as, he may withdraw the Force. (2) Every member of the Force while discharging his functions during the period of deputation shall continue to exercise the same powers and be subject to the same responsibilities, discipline and penalties as would have been applicable to him under this Act, if he had been discharging those duties in relation to an establishment, an institution, an autonomous body, an industrial undertaking and assets owned and controlled by the State and Central Government or strategic and vital installations of State Government. ### 10. Power to arrest without warrant. (1) Any member of the Force, may without any order from a Magistrate and without a warrant arrest, - (i) any person, who voluntarily causes hurt to or attempts voluntarily to cause hurt to, or wrongfully restrains or attempts wrongfully to restrain or assaults, threatens to assault or uses or threatens or attempts to use criminal force to any employee, referred to in clause (iv) of section 8, or to him or any other member of the Force in discharge of his duty as such employee or in execution of his duty as such member, as the case may be, or with intent to prevent or to deter him from discharging his duty as such member or in consequence of anything done or attempted to be done by him in the lawful discharge of his duty as such member; (ii) any person who has been concerned in, or against whom a reasonable suspicion exists of his having been concerned in or who is found taking precautions to conceal his presence under circumstances which afford reason to believe that he is taking such precautions with a view to committing cognizable offence which relates to property belonging to, or in the premises of any establishment, institution, autonomous body, industrial undertaking and assets owned and controlled by the State and Central Governments or any strategic and vital installations referred to in clauses (ii) and (iii) of section 8, or relates to other installations, or to property in the premises of the other installations, referred to in these clauses or the establishments, institutions, autonomous bodies, industrial undertakings and assets owned and controlled by the State and Central Government or strategic and vital installations for the protection of which he is deputed under section 9; (iii) any person who commits or attempts to commit a cognizable offence which involves or which is likely to involve danger, to the life of any person engaged in carrying on any work relating to any establishment, institution, autonomous body, undertaking, or installations referred to in clause (ii) of this sub-section. (2) If any person is found trespassing on the premises of any industrial undertaking referred to in clause (ii) of sub-section (1) he may, without prejudice to any other proceedings which may be taken against him, be removed from such premises by any member of the Force. ### 11. Power to search. (1) Whenever any member of the Force, has reason to believe that any such offence as is referred to in section 10 has been or is being committed and that a search warrant cannot be obtained without affording the offender an opportunity of escaping or concealing evidence of the offence, he may detain the offender and search his person, belongings and premises forthwith and, if he thinks proper, arrest any person whom he has reason to believe to have committed the offence. (2) The provisions of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) relating to searches under that Code shall, so far as may be, apply to search under this section. ### 12. Procedure to be followed after arrest. - Any member of the Force making arrest under this Act, shall without unnecessary delay, make over the person so arrested to a police officer, or, in the absence of a police officer, take such person or cause him to be taken to the nearest police station together with a report of the circumstances occasioning the arrest. ### 13. Protection of action done in good faith. - No suit or prosecution shall be entertained in any Court against the Force or against any officer or member of the Force or against any person acting under the order or direction of the Force or any officer or member of the Force for anything which is in good faith done or intended to be done under this Act or any rules made thereunder. ### 14. Cognizance of offence. - No court shall take cognizance of an offence against any member of the Force with regard to any act done by him while discharging or purporting to act in the discharge of his duty except with the prior sanction of the Government. ### 15. Members of the Force to the considered always on duty and liable to be employed any where in the State and outside also. (1) Every member of the Force shall be considered to be always on duty and shall, at any time, be liable to be employed at any place within the State of Haryana and outside also. (2) No member of the Force shall engage himself in any employment or office other than his duties under this Act. ### 16. Punishments and appeals. (1) In the matters relating to punishment and appeals the provision of the Punjab Police Rules, 1934, as applicable in the State of Haryana will apply to the members of the Force. ### 17. Restrictions to form Association. (1) No member of the Force, shall be a member of, or be associated in any way with any trade union, labour union, political party, except of a purely social, recreational and religious nature. Explanation :- If any question arises as to whether any society, institution, association or organisation is of purely social, recreational or religious nature, the decision of the Government shall be final. (2) No member of the Force shall participate in or address, any meeting or take part in any demonstration organised by any body of persons for any political purpose or for such other purposes as may be prescribed. ### 18. Surrender of certificate, arms etc., by persons ceasing to be members of the Force. (1) Every person who for any reason ceases to be an enrolled member of the Force, shall forthwith surrender to any supervisory officer empowered to receive the same, his certificate of appointment, the arms, accoutrements, clothing and other articles which have been furnished to him for the performance of duties as an enrolled member of the Force. (2) Any person who wilfully neglects or refuses, to surrender the articles as required by sub-section (1) shall be liable for forfeiture of financial benefits and prosecution under the law. ### 19. Application of Act, 1922 to the members of the Force. - The Police (Incitement to Disaffection) Act, 1922, shall apply to members of the Force as it applies to members of a Police Force. ### 20. Power to make rules. (1) The Government shall, in addition to the rule making powers conferred on it by any other provisions of this Act, have power to make rules generally to carry out all or any of the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing powers, such rules may provide for, - (a) regulating the classes, ranks, grades, pay and remuneration of members of the Force and their conditions of service in the Force; (b) regulating the powers and duties of members of the Force authorised to exercise any functions by or under this Act; (c) fixing the period of service for members of the force; (d) prescribing the description and quantity of arms, accoutrements, clothing and other necessary articles to be furnished to the members of the Force; (e) prescribing the places of residence of members of the Force; (f) institution, management and regulation of any fund for any purpose connected with the administration of the Force; (g) regulating the punishments and prescribing authorities to whom appeals may be preferred from orders of punishments, or remission of fines or other punishments, and the procedure to be followed for the disposal of such appeals; (h) regulating matters with respect of Force custody under this Act including the procedure to be followed for taking persons into custody; (i) regulating matters with respect to disposal of cases relating to offences under this Act and specifying places in which persons convicted under this Act may be confined; (j) the terms and conditions subject to which members of the Force may be deputed under section 9 and the charges thereof. (2) Every rule made under this Act, shall be laid as soon as may be after it is made before the Legislative Assembly while it is in session and if before the expiry of the session in which it is so laid or the session immediately following, the legislative assembly agrees that the rules should be either modified or annulled, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under the rule.

65ba955fab84c7eca86ec267

acts

State of Tripura - Act ------------------------ The Tripura Agricultural Produce Markets Act, 1980 ---------------------------------------------------- TRIPURA India The Tripura Agricultural Produce Markets Act, 1980 ==================================================== Act 15 of 1983 ---------------- * Published on 15 February 1983 * Commenced on 15 February 1983 The Tripura Agricultural Produce Markets Act, 1980 (Tripura Act No. 15 of 1983 ) Last Updated 18th February, 2020 Published in the Tripura Gazette, Extraordinary, Part III, dated 15-2-1983, vide Notification No. F2 (10) -Law/LEG/80, dated 30-11-1983. An Act to provide for the better regulation of buying and selling of agricultural produce and the establishment of markets for agricultural produce in the State of Tripura and for matters connected therewith Be it enacted by the Legislative Assembly of Tripura in the Thirty-First Year of the Republic of India as follows: Chapter I Preliminary -------------------------- ### 1. Short title, extent and commencement. (1) This Act may be called the Tripura Agricultural Produce Markets Act, 1980. (2) It extends to the whole of the State of Tripura. (3) It shall come into force on such date as the State Government may, by notification in the official Gazette, appoint. ### 2. Definitions. (1) In this Act, unless the context otherwise requires,- (a) "agricultural produce" means such produce (whether processed or not) of agriculture, horticulture, forest, animal husbandry and pisciculture, as are specified in the Schedule; (b) "agriculturist" means a person who ordinarily by his own labour or by the labour of any member of his family or who by the labour of his tenant or by servant or hired labour or otherwise is engaged in the production or growth of agricultural produce which has not been processed, but does not include a trader, commission agent, processor or broker, in or in relation to, agricultural produce even though such trader, commission agent, processor or broker is also engaged in the production or growth of agricultural produce; Explanation. - For the purpose of this clause a person merely processing agricultural produce shall not be deemed to be engaged in the production or growth of agricultural produce and an agriculturist shall not cease to be so only because he processes or causes to be processed his own agricultural produce; (bb) [ "Board" means the Tripura Agricultural Produce Market Board established under Section 38] [Clause (bb) has been inserted vide Tripura Act No. 3 of 1984, published in the Tripura Gazette, Extraordinary, Part III, No. 166, dated 30-8-1984.] ; (c) "Bye-laws" means bye-laws made under Section 56; (cc) [ "Chairman" means the Chairman of the Board appointed under sub-section (5) of Section 38-A] [Clause (cc) has been inserted vide Tripura Act No. 3 of 1984, published in the Tripura Gazette, Extraordinary, Part III, No. 166, dated 30-8-1984.] . (d) "commission agent" means a person who, by himself or through his servant, buys and sells agricultural produce for any other person, keeps it in his custody and controls it during the process of its sale and purchase, and collects-payment therefor from the buyer and pays it to the seller, and receives by way of remuneration, a commission or percentage upon the amount involved in each transaction: (e) "Director" means the Director of Agriculture of the Government of Tripura and includes any other Officer appointed by the State Government to discharge all or any of the functions of the Director under this Act; (ee) [ "General Manager" means the General Manager of the Board appointed under sub-section (5) of Section 38-A] [Clause (ee) has been inserted vide Tripura Act No. 3 of 1984, published in the Tripura Gazette, Extraordinary, Part III, No. 166, dated 30-8-1984.] ; (f) "local authority" means in relation to an area within the local limits of,- (i) a Municipality, that Municipality; (ii) a notified area authority, that authority; (iii) a Gaon Sabha, that Sabha; (g) "market" means any market established under Section 5 of this Act; (h) "market area" means an area declared to be a market area under Section 4; (i) "market committee" means a committee constituted for a market area under Section 6 and includes a sub-committee constituted under Section 24; (j) "notification" means a notification published in the official Gazette; (k) "official Gazette" means the Tripura Gazette; (l) "prescribed" means prescribed by rules made under this Act; (m) "processor" means a person who processes any agricultural produce on payment of charge; (n) "retail sale" in relation to any agricultural produce means the sale of that produce, not exceeding such quantity as the market committee may by bye-laws determine to be a retail sale; (o) "Schedule" means the Schedule to this Act; (p) "Secretary" means the Secretary of a market committee and includes an Assistant Secretary; (q) "Surveyor" means a person who on arrival of a consignment of agricultural produce for sale in any market area or market, surveys it for ascertaining the quality, refraction, alteration and other like factors; (r) "trader" means a person who buys and sells agricultural produce as a principal or as a duly authorised agent for one or more persons or group of persons. (2) If any question arises as to whether a person is or is not an agriculturist for the purposes of this Act, the matter shall be referred to the Director who shall decide the same. ### 3. Notification of intention of regulating marketing of agricultural produce in specified area. (1) The State Government may, by notification in he Official Gazette and in local newspapers, preferably in regional language, declare its intention of regulating the purchase and sale of such agricultural produce and in such area as may be specified in the notification in accordance with the provisions of this Act. (2) The notification shall state that any objections for suggestions which may be received by the State Government within a period, not being less than sixty days, to be specified in the notification, shall be considered by the State Government. ### 4. Declaration of regulation of marketing of specified agricultural produce in market area. (1) On the expiry of the period specified in the notification issued under Section 3 and after considering the objections and suggestions as may be received before such expiry, the State Government may, by notification, declare the area specified in that notification or portion thereof, to be a market area for the purposes of this Act in respect of all or any agricultural produce specified in that notification. (2) The State Government may in the manner specified in Section 3, at any time- (a) exclude from a market area, any area comprised therein; or (b) include in the market area, any new area as may be specified in such notification. (3) On a declaration being made under sub-section (1), no local authority shall, notwithstanding anything contained in any other law for the time being in force, establish or authorise or allow to be established, or continue or authorise the continuation of any place in the market area for the marketing of agricultural produce specified in the declaration or levy any fees on such agricultural produce sold in the market area. Chapter II ------------ Establishment of Markets and Constitution of Market Committees ### 5. Establishment of markets. (1) For every market area, there shall be established a principal market, and there may also be established one or more subsidiary markets, for the marketing of agricultural produce. (2) The Director shall, as soon as possible after the declaration is made under sub-section (1) of Section 4, by notification, establish any place (including any structure, enclosure, open place or locality) in any market area to be the principal market for the marketing of the agricultural produce specified in such notification and may, in the same manner establish in any other like places in the area subsidiary markets for the marketing of such agricultural produce. ### 6. Constitution of market committees. (1) There shall be constituted by the State Government, for every market area, a market committee; and different market committees may be constituted for regulating the marketing of different kinds of agricultural produce marketed in the same market area or in any part thereof. (2) The provisions of the Tripura Markets Act, 1979 shall not apply to a market in relation to the specified agricultural produce only. (3) Every market committee shall exercise such powers and discharge such functions as may be vested in it by or under this Act. ### 7. Composition of market committees. (1) Subject to the provision of sub-section (2) every market committee shall consist of the following 12 members namely: (a) Six members to be elected by the agriculturist residing in the market area and holding agricultural land as ryot or under-ryot in the State of Tripura. (b) One member each to represent- (i) the traders holding licences to operate as such in the market area; and (ii) the Co-operative Societies operating in that market area; elected by the traders, or as the case may be, the Societies, in the manner as may be prescribed: Provided that where there is no co-operative society in the market area both the members shall be elected by the traders only. (c) Two members to be elected by the members of the local authority within the local limits of whose jurisdiction the principal market in relation to that market committee is situated. (d) One member each to represent the departments of the State Government dealing with Agricultural and Animal Husbandry, to be appointed by the State Government. (2) When a market committee is constituted for the first time, all the members thereof including the President, shall be nominated by the State Government. (3) Subject to the provisions of sub-section (2) every market committee shall elect one of its elected members to be its President. ### 8. Incorporation of market committee. - Every market committee shall be a body corporate by such name as the State Government may, by notification, specify and shall have perpetual succession and a common seal and may, in its corporate name, sue and be sued and shall, subject to such restrictions as are imposed by or under this Act, be competent to contract and to acquire, hold and dispose of property, both movable and immovable, and to do all other things necessary for the purposes for which it is constituted. ### 9. Election and term of office of members. (1) Except as otherwise provided in this Act and subject to the provisions of sub-section (2) of Section 7, the members of a market committee shall be elected by the individual, authorities or bodies referred to in sub-section (1) of Section 7. (2) The manner of election, preparation and maintenance of the list of voters, qualifications of member, disqualifications for being chosen as, and for being chosen as, and for . being, a member, the right of vote, the payment of deposit and its forfeiture, determination of election disputes, publication of the names of members elected, and all matters ancillary thereto shall be such as may be prescribed. (3) If, for any reason, any body of persons, local authority or co-operative society or managing committee thereof, fails to elect members of any market committee, the Director shall give notice in writing requiring such body of persons, local authority or co-operative society or managing committee thereof, to elect members within one month from the date of service of such notice; and on the failure of such body, authority, society or committee to elect members within the specified period, the Director shall nominate the required number of persons who are qualified to be elected under this Act to represent such body of persons, local authority or co-operative society or managing committee thereof. (4) Except as otherwise provided under this Act, a member of a market committee (not being a committee constituted for the first time) shall hold office for a period of three years and a member of a market committee constituted for the first time shall hold office for a period of one year: Provided that the State Government may, by notification extend the term of office of members of any market committee for a period not exceeding one year; Provided further that a person who is a member of a co-operative society or a local authority shall cease to hold office on his ceasing to be such member, and in the case of a person who is a licensee shall cease to hold office on his ceasing to be the holder of the licence. (5) The names of the members of a market committee who have been elected or nominated, shall be published in the official Gazette. (6) Upon the publication of the names of all the members of a market committee after election, or nomination, as the case may be, or upon the publication of the names of at least nine members of such committee in the official Gazette, the market committee shall be deemed to be duly constituted. ### 10. Creation of election fund. - The superintendence, direction and control of the preparation of the list of voters for, and conduct of, all election to market committee shall be vested in the Director and, for the purpose of preparing the list of voters and conduct of elections, every market committee shall constitute an election fund consisting of an amount as may be determined by the Director and shall deposit with the Director such amount and before such date as may be directed by him for meeting the expenses for preparing or revising the list of voters of conducting the election. ### 11. Commencement of term of office of members. (1) The term of office of the members of a market committee shall be deemed to commence on the date of the first meeting of the market committee at which business is transacted. (2) The first meeting of the market committee, to be called by the President, shall be held on such date as may be fixed by the Director or any officer authorised by him in that behalf, being a date not later than thirty days from the date on which the committee is deemed, under sub-section (6) of Section 9 to be duly constituted (3) Where the first meeting cannot, for any reason, be held within the said period of thirty days, the Director shall report the fact to the State Government stating the reasons for the failure to hold the meeting and shall act according to the direction of the State Government issued in that behalf. (4) The term of office of the outgoing members shall be deemed to extend to and expire with the date immediately the date of such first meeting. ### 12. Resignation of members and nomination in certain circumstances. (1) A member of a market committee may resign his office in writing addressed to the President and the President may resign his office of membership in writing addressed to the Director and the resignation shall take effect from the date on which it is accepted by the President, or as the case may be, the Director. (2) If at any time it appears to the State Government that any market committee, by reason of the resignation of all or a majority of the members thereof, is unable to discharge the functions conferred or imposed upon it by or under this Act, it may, by notification, nominate persons to fill the vacancies of the members who have resigned ; and the persons so nominated shall hold office for the remainder of the term of the members in whose place they are nominated or until the vacancies are duly filled by election or nomination, as the case may be. ### 13. Removal of member of market committee. - The State Government may, on the recommendation of the market committee supported by not less than eight members of the committee present and voting at a meeting remove any member if he has been guilty of misconduct or of any disgraceful conduct, or has become incapable of performing his duties as a member or is adjudged an insolvent: Provided that no such member shall be removed from his office unless he has been given a reasonable opportunity of being heard by the State Government. ### 14. Casual vacancies. - Subject to the provisions of sub-section (3) of Section 9 and sub-section (2) of Section 12 in the event of vacancies occurring on account of death, resignation or removal of a member, whether elected or nominated, before the expiry of his term of office, or otherwise, the President of the market committee shall forthwith communicate the occurrence of such vacancy to the Director and the vacancy shall be filled as soon as convenient may be, by election, or as the case may be, nomination of a person, who shall hold office for the remainder of the term of office of the member in whose place he is elected or nominated: Provided that if the vacancy occurs at any time within three months immediately proceeding the date on which the term of office of the member is due to expire the vacancy shall not, unless the State Government otherwise directs, be filled. ### 15. Terms of office of the President. - The president shall unless removed earlier, hold office for such period as may be prescribed and shall not withstanding the expiry of his term of office, continue to hold office until his successor enter upon his office. ### 15A. [ Powers and duties of the President of a market committee. [Section 15A has been inserted vide Tripura Act No. 3 of 1984, published in the Tripura Gazette, Extraordinary Part III, No. 166, dated 30.8.1984.] - The President of a market committee shall in addition to presiding over the meetings of the committee, exercise and discharge such powers and duties of the committee as may be delegated to him by the committee and such other powers and duties as may be prescribed.] ### 16. Procedure of election of President. (1) The President shall be elected in the first meeting of the market committee. (2) Such meeting shall be presided over by the Director or any person authorised by him in this behalf. (3) The Director or such person shall, when presiding over the meeting, have the same powers as the President has while presiding over a meeting of the market committee but shall not have the right to vote. (4) If, in the election of the President, there is an equality of votes, the result of the election shall be decided by lots to be drawn in the presence of the person presiding over the meeting and in such manner as he may determine. (5) In the event of a dispute arising as to the validity of the election of the President, the Director, if he is the presiding officer, shall decide the dispute himself, and, in any other case, the person presiding shall refer the dispute to the Director for decision and the decision of the Director, subject to an appeal to the State Government, shall be final, and no suit or other proceeding shall lie in any court in respect of any such decision. ### 17. Resignation of President. - The President of the Market Committee may resign his office in writing addressed to the Director; and the resignation shall take effect from the date on which it is accepted by the Director. ### 18. Consequences of absence of the President without leave. - Subject to the rules made by the State Government in this behalf, a President of the market committee who absents himself from three consecutive meetings of the market committee without leave of the Director shall cease, on and from the date on which the third such meeting is held, to be the President. ### 19. Vacancies in office of President. (1) In the event of a vacancy in the office of the President by reason of death, resignation on otherwise, the vacancy shall be filled as soon as possible,- (a) by nomination, in the case of a market committee constituted for the first time; and (b) in any other case, in the manner provided in sub-section (3) of Section 7. (2) Every President nominated or elected, as the case may be, under this section, to fill a casual vacancy shall hold office for such period as the president in whose place he is nominated or, as the case may be, elected, would have held such office if the vacancy had not occurred. ### 20. Refusal to hand over charge to new President. (1) On the nomination or election of the President, the outgoing President shall forthwith hand over charge of his office to the successor-in-office. (2) If the outgoing President fails or refuses to hand over charges of his office as required under sub-section (1), the Director or any person authorised by the Director in this behalf may, by order in writing, direct such President forthwith to hand over charge of his office to the successor-in-office together with all records, fund and property of the market committee, if any, in his possession as such President. (3) If the outgoing President to whom a direction has been issued under sub-section (2) does not comply with such direction, the Director or any other person authorised by him in this behalf may apply to the Executive Magistrate, within the local limits of whose jurisdiction the market committee is functioning, for seizing and taking possession of the records, funds and property of the market committee in the possession of such President and handing over possession thereof to the successor-in-office. (4) On receipt of an application under sub-section (3) the Executive Magistrate may authorise any police officer, not below that rank of a Sub-Inspector to enter and search any place where the records, fund and property are kept or are likely to be kept and to seize them and to handover possession thereof to the person specified in such application. (5) The provision of the Code of Criminal Procedure, 1973 shall apply to every search and seizure made under this Act. ### 21. Meeting etc. of market committee. - The quorum for a meeting of the market committee and the procedure to be followed thereat shall be regulated in accordance with the bye-laws made for the purpose by the market committee. ### 22. Members to act during vacancy; acts of market committee, etc. not to be invalidated by informalities. - A market committee shall have power to act notwithstanding any vacancy in the membership, or any defect in the constitution, thereof; and the proceedings of a market committee shall be valid notwithstanding that some person, who was not entitled to be a member, had sat, voted or otherwise taken part in the proceedings of any such committee. Chapter III ------------- Market Committees-Powers and Duties ### 23. Powers and duties of market committees. (1) Subject to the provision of this Act, it shall be the duty of a market committee- (i) to implement the provisions of this Act and of the rules and bye laws made thereunder for the market area; (ii) to provide such facilities for marketing or agricultural produce therein as the State Government may, from time to time, direct; (iii) to do such other acts as may be required in relation to the superintendence, direction and control of markets, or for regulating, marketing or agricultural produce in any place, in the market area and for purposes connected with the matters aforesaid, and for that purpose, may exercise such powers and perform such duties and discharge such functions as may be provided by or under this Act. (2) Without prejudice to the generality of the foregoing provisions, a market committee may- (a) grant, renew, refuse, suspend or cancel licences; (b) provide for settling disputes arising out of any kind of transactions connected with the marketing of agricultural produces and all matters ancillary thereto; (c) prosecute persons for violating the provisions of this Act and all the rules and bye-laws made thereunder; (d) maintain and manage the market, including the regulations of conditions for use of the market; (e) regulate the marketing of agricultural produce in the market area or the market, and the weighment or delivery of, or payment for, such agricultural produce; (f) arrange for collection- (i) of such agricultural produce in the market area in which all trades therein are to be carried on exclusively by the Government by or under any law for the time being in force for that purpose, or (ii) of such other agricultural produce in the market area, as the State Government may, from time to time, notify in the Official Gazette (hereinafter referred to as the notified produce); (g) acquire, hold and dispose of any movable or immovable property (including any equipment necessary for the purpose of efficiently carrying out its duties); (h) collect or maintain, disseminate and supply information in respect of production, sale, storage, processing, prices and movement of agricultural produce (including information relating to crops-statistics and marketing intelligence as may be required by the Director of the State Government; (i) take of possible steps to prevent adulteration and to promote grading and standardisation of such agricultural produces as may be prescribed; (j) enforce the provisions of this Act and of the rules and bye-laws made, and conditions of the licences granted under this Act; (k) perform such other duties as may be prescribed. ### 24. Constitution of sub-committee, delegation of powers. - A market committee may constitute one or more sub-committees consisting of one or more of its members and, subject to such restrictions and conditions as may be prescribed, delegated to such sub-committees such of its powers or duties as it may think fit. ### 25. Power of the market committee to open collection centre for marketing of specified produce; provision for receipt and payment by purchaser. (1) A market committee duly authorised by the State Government for the purpose may, by an order published for the information of the public in such manner as it deems fit, open collection centres for collecting thereat the produce specified in such order (hereinafter referred to as the specified produce). (2) Where any person wishes to sell any specified produce in a market area, he shall tender all such produce only at the collection centre established for the purpose under sub-section (1): Provided that, any such specified produce may be tendered through a commission agent or any agency specified by the State Government in this behalf. (3) The market committee shall, on the sales of such produce, get it weighed, measured or, as the case may be, counted forthwith and arrange for issuing a receipt therefor to the person who has tendered the produce at the collection centre for sale or, as the case may be, to the commission agent or agency and shall also arrange to give a copy of the receipt to the purchaser: Provided that the market committee may authorise any corporate body registered under the Tripura Co-operative Societies Act, 1974 and operating in the collection centre in specified produce for the purpose of discharging the functions of the market committee under this sub-section on such terms and conditions, not being inconsistent with the provisions of this Act or the rules or the bye-laws made thereunder, as may be agreed upon. (4) Such receipt shall contain the following particulars that is to say,- (i) the name of the collection centre; (ii) the name of the tenderer; (iii) the name of the purchaser; (iv) the name of the agent if any; (v) the name of the specified produce, the weight, measure or number thereof and the fees paid for the weighing measuring or counting such produce; (vi) grade of specified produce, if any, and the rate; (vii) the amount to be paid to the market committee by the purchaser; (viii) the amount to be paid by the tenderer to the commission agent by way of his commission if any, and such other market charges, as are duly authorised by the market committee. (ix) the amount to be actually paid to the tenderer after deducting the amount, if any, falling under Clause (vii) or Clause (viii); (x) the total amount to be paid by the purchaser in respect of the specified produce purchased by him. (5) The dues payable to a market committee under Clause (vii) of sub-section (4) shall consist of fees to be levied and collected from a purchaser by or under this Act. (6) The purchaser shall, on receiving a copy of the receipt, pay forthwith the total amount to be paid by him as recorded in the receipt, to- (a) the market committee, an amount equal to the total of the amount referred to in Clause (vii) and Clause (viii) of sub-section (4); (b) the tenderer, an amount equal to the amount referred to in Clause (ix) of sub-section (4). (7) The market committee, on receipt of money, shall arrange to pay from the amount received by it, to the commission agent, if any, the amount recorded against such agent in the receipt and credit the balance due to it to the market fund. ### 26. Power of market committee to levy fees. - It shall be competent for a market committee to levy and collect such fees (hereinafter referred to as the market fees), not being in the excess of, or less than, an amount determined by the State Government by notification, from every purchaser of agricultural produce sold in a market area in such manner and at such rate as may be prescribed: Provided that when any agricultural produce brought into any market area for the purpose of processing only, or for export, is not processed or exported therefrom within thirty days, from the date of its arrival therein, it shall, until the contrary is proved, be presumed to have been brought into the market area for buying and selling, and shall be subject to the levy of fees under this section, as if it had been brought and sold therein; Provided further that no such fees shall be levied and collected in the same market area in relation to any agricultural produce in respect of which fees under this section have already been levied and collected therein. ### 27. Power to borrow and lend. (1) A market committee may, with the previous sanction of the State Government, raise money required for carrying out the purposes for which it is established on the security of any property vested in it and of any fees leviable by it under this Act. (2) A market committee may, for the purpose of meeting the expenditure on lands, building and equipment, required for establishing the market, obtain loan from the State Government on such terms and conditions as that Government may determine. (3) A market committee may with the previous approval of the State Government, obtain loans from other market committees or any financial institution or give loans to other market committees on such conditions and subject to such rules, as may be made. ### 28. Execution of contracts. (1) Every contract entered into by a market committee shall be in writing and shall be executed on behalf of the committee by the President and the Secretary of the committee. (2) No contract, other than a contract executed as provided in sub-section (1) shall be binding on the market committee. Chapter IV Officers and Servants of Market Committee --------------------------------------------------------- ### 29. Power of market committee to employ staff. (1) Every market committee shall have as its Secretary a person appointed by the State Government from amongst the nominated members of the committee. (2) A market committee may, with the previous approval of the State Government, employ such number of other officers and servants as may be necessary for the management of the market and the salary and conditions of service of such officers and servants shall be such as may be determined by the committee by bye-laws made in this behalf. (3) The Government may, on the request of a market committee and on such conditions as may be prescribed depute a servant of the Government to the service of the market committee for the purpose of assisting that committee to manage it affairs. ### 29A. [ Powers and duties of the Secretary of a market committee. [Section 29A has been inserted vide Tripura Act No. 3 of 1984 published in the Tripura Gazette, Extraordinary, Part III, No. 166 date 30-8-1984.] - The Secretary shall exercise and discharge such powers and duties as may be delegated to him by the President, and such other powers and duties as may be prescribed.] Chapter V Marketing of Agricultural Produce ------------------------------------------------ ### 30. Regulation of marketing of agricultural produce. (1) Subject to the provisions of this section and of the rules providing for regulating the marketing of agricultural produce in any place in the market area, no person shall on and after the date on which an area is declared under sub-section (1) of Section 4, to be a market area, without, or otherwise than in conformity with the terms and conditions of a licence granted by- (a) the Director when a market committee has not been constituted or has not started functioning; or (b) in any other case, by the market committee- (i) use any place in the market area for the marketing of the agricultural produce specified in the said declaration; or (ii) operate in the market area or in any market therein as a trader, commission agent, processor, weighman, measurer, surveyor, warehouseman, or in any other capacity in relation to the marketing of such agricultural produce. (2) Nothing in sub-section (1), shall apply to the retail sale by an agriculturist of his own produce, or to sell by a person, not being a trader or agriculturist, where such person himself sells to another who buys for his personal consumption or the consumption of any member of his family. ### 31. Grant of licences. (1) Subject to the rules made in this behalf, a market committee may, after making such inquiries as it deems fit, grant or renew a licence for the use of any place in the market area for the marketing of agricultural produce or for operating therein as trader, commission agent, surveyor processor, weighman, measurer, warehouseman or in any other capacity in relation to marketing of agricultural produce or may after recording its reason in writing therefor, refuse to grant or renew any such licence: Provided that the Director may, where a market committee has not been constituted or has not started functioning, subject to any rules that may be made in this behalf, grant a licence for the marketing of agricultural produce or for operating in any market area as a trader, commission agent, processor, weighman, measurer, surveyor, warehouseman or in any other capacity. (2) A licence granted under sub-section (1)- (a) shall be in such form, valid for such period and subject to such terms, conditions restrictions and limitations as may be prescribed and such restrictions may include a provision prohibiting commission agents from acting in any transaction (except between a trader and trader) in respect of such agricultural produce as may be prescribed; and (b) may also specify- (i) the manner in which and the place at which auction of agricultural produce shall be conducted and bids at such auction shall be accepted; (ii) place at which weighment and delivery of agricultural produce shall be made in any market or market area and on payment of such fees as may be prescribed. ### 32. Power of cancellation and suspension of licence. (1) Subject to the provision of sub-section (3), a market committee may, for reasons to be recorded in writing, suspend or cancel a licence granted or renewed under this Chapter- (a) if the licence had been obtained through wilful misrepresentation or fraud; (b) if the holder of the licence or any servant or any one acting on his behalf with his express or implied permission commits a breach of any of the terms or conditions of the licence; or (c) if the holder of the licence in combination with other holders of licence commits any act or abstains from carrying out his normal business in the market with intention of wilfully obstructing suspending or stopping the marketing of agricultural produce in the market area; or (d) if the holder of the licence has been adjudged an insolvent and has not obtained his discharge; or (e) if the holder of the licence is convicted of any offence under this Act. (2) Notwithstanding anything contained in sub-section (1) but subject to the provisions of sub-section (3), the Director may, when the market committee has not been constituted or has not started functioning for reasons to be recorded in writing, by order, suspend or cancel any licence granted or renewed under this Chapter. (3) No licence shall be suspended or cancelled under this section unless the holder thereof has been given a reasonable opportunity of showing cause against the proposed action. ### 33. Appeal. (1) Any person aggrieved by an order of the Director or the market committee refusing to grant or renew a licence or cancelling or suspending any licence, may appeal to the State Government within thirty days from the date on which such order is communicated to him and in such manner as may be prescribed. (2) The State Government shall, on such appeal, make such order as it may deem just and proper; Provided that, before dismissing an appeal, the State Government shall give the appellant a reasonable opportunity of being heard, and record in writing the reasons for, such dismissal. ### 34. Provision for settlement of disputes. (1) For the purpose of settling dispute between buyers and sellers of agricultural produce or their agents including any dispute regarding quality or weight or payment, or any matter in relation to the regulation of marketing of agricultural produce in the market area, the market committee constituted for that market area may appoint arbitrators or constitute from amongst its members a sub-committee. (2) The method of appointment of arbitrators, the constitution and function of the sub-committees and the fees, if any, that may be paid by parties for the settlement of disputes shall be such as may be prescribed. Any party, aggrieved by the decision of the arbitrator or the sub-committee, may prefer an appeal from such decision to the State Government in such manner and within such time as may be prescribed. Chapter VI Market Fund --------------------------- ### 35. Market fund, its custody and investment. (1) All fees and other moneys received by a market committee under this Act (except the amount of such fees credited to the election fund under Section (10), all sums realised by way of penalty (otherwise than by way of fine in any criminal case), all loans raised by the Committee, and all grants loans, or contributions made by the State Government to the Committee shall form part of a fund to be called the market fund. (2) The amount to the credit of a market fund shall be kept or invested in such manner as may be prescribed. ### 36. Purposes for which market fund may be expended. - The amount standing to the credit of the market fund may be expended for all or any of the following purposes, namely: (a) the acquisition of site or sites for the market; (b) maintenance, development and improvement of market; (c) construction of, and repairs to building necessary for the purpose of such market and for the health, convenience and safety of persons using it; (d) the provision and maintenance of standard weight and measures; (e) pay, pension and leave, allowances, gratuities, compensations for injuries or death resulting from accidents, compassionate allowances and contributions towards leave, pension or provident fund of the officers and servants, employed by the market committee; (f) the payment of interest on loan, if any, raised by the market committee and the provision of sinking fund in respect of such loan; (g) the collection and dissemination of information regarding matters relating to crops statistics and marketing in respect of agricultural produce specified in the notification under sub-section (1) of Section 4; (h) propaganda in favour of agricultural improvement and orderly marketing; (i) payment of travelling and other allowances to the members of the market committee and of its sub-committees, if any, constituted under Section 34; (j) expenses of any tribunal constituted under sub-section (4) of Section 52; (k) any other function of the market committee specified in this Act or in the rules made thereon: (l) for any other purpose, with the previous approval of the State Government. ### 37. Manner of auditing accounts, preparing budget, annual report etc. - The manner in which any payment from the market fund shall be made, its account shall be kept and audited or re-audited (including powers to be exercise by the auditor in this behalf), its annual, revised or supplementary budget estimates of income and expenditure shall be made (including provision for modifying, annulling or rescinding such budgets) and its annual administrative report shall be prepared, shall be such as may be prescribed. Chapter VII Trade Allowances Prohibited -------------------------------------------- ### 38. Making or recovery of trade allowances prohibited. - No person shall make, or cause to be made on his behalf or on behalf of any other person, or recover, or cause to be recovered on his behalf or on behalf or any other person, and trade allowances in any market or market area in relation to any transaction made or proposed to be made in the market area in respect of any agricultural produce. Explanation. - For the purposes of this section "trade allowance" means anything realised in cash or in kind by the purchaser from the seller in any transaction relating to agricultural produce either by deduction from the price agreed upon or otherwise. [Chapter VII-A] [Chapter VII-A (containing Sections 38-A to 38-R) has been inserted vide Tripura Act No. 3 of 1984, published in the Tripura Gazette, Extraordinary, Part III, No. 166, dated 30-8-1984.] The Board ### 38A. Establishment and constitution of the Board. (1) For the purpose of co-ordinating and supervising the works of the market committees and for other purposes of this Act, the State Government may, by notification in the Official Gazette, establish a Board, to be called the Tripura Agricultural Produce Market Board. (2) The Board shall be a body corporate by the name aforesaid having perpetual succession and a common seal, with power, subject to the provisions of this Act, to acquire, hold and dispose of property, both movable and immovable, and to contract and shall by the said name use and be sued. (3) The Board shall consist of members, both officials and non-officials, not less than six or more than ten in number, of whom not more than fifty per cent shall be non-officials. (4) The members of the Board shall be appointed by the State Government. (5) The State Government shall appoint one member of the Board to be the Chairman and another official member of the Board to be the General Manager. ### 38B. Disqualifications. - No person, who- (a) is an employee of the Board, or (b) has been declared by a competent court to be of unsound mind, or (c) is an undischarged insolvent, or (d) has been convicted by a court of law for an offence involving moral turpitude. Shall be eligible to be appointed as a member of the Board. ### 38C. Term of office of the members of the Board. (1) The term of office of the members of the Board shall be three years form the date of appointment and other conditions of service of the members shall be such as may be prescribed: Provided that the State Government may, by notification in the Official Gazette, extend the term for a period not exceeding one year. (2) In the event of any vacancy occurring on account of death, resignation, removal or otherwise of a member, such vacancy shall be filled, as soon as may be convenient, by appointment of a person who shall hold office for the remainder of the term of office of the member in whose place he is appointed. ### 38D. Resignation by the Chairman or member of the Board. - A member of the Board may resign his office in writing addressed to the Chairman and the Chairman may resign his office in writing addressed to the State Government and the resignation shall take effect from the date on which it is accepted by the Chairman, or, as the case may be, the State Government. ### 38E. Powers and duties of the Chairman. - The Chairman shall, in addition to presiding over the meetings of the Board, exercise and discharge such powers and duties of the Board as may be delegated to him by the Board and such other powers and duties as may be prescribed. ### 38F. Powers and duties of the General Manager. (1) Subject to the general superintendence and control of the Board and the Chairman of the Board, the General Manager shall be the Chief Executive Authority of the Board. (2) The General Manager shall exercise and discharge such of the powers and duties of the Chairman as may be delegated to him by the Chairman and such other powers and duties as may be prescribed. ### 38G. Meeting of the Board. - The Board shall meet at such interval and transact business in such manner as may be prescribed. ### 38H. Acts not to be invalid due to vacancy or defect. - No act or proceeding of the Board shall be invalid merely by reason of- (a) any vacancy in, or any defect in the constitution of, the Board; or (b) any defect in the appointment of a person acting as a member of the Board; or (c) any irregularity in the procedure of the Board not affecting the merits of the case. ### 38I. Removal etc. of members. (1) The State Government may remove from the Board any member who, in its opinion- (a) refuses to act, (b) has become incapable to act, (c) has so abused his office as a member so as to render his continuance on the Board detrimental to the interest of the public, or (d) is otherwise unsuitable to continue as a member. (2) The State Government may suspend any member pending an inquiry against him. (3) No order of removal shall be made unless the member concerned has been given an opportunity of being heard and when such order is passed, the seat of the member removed shall be declared vacant. (4) A member who has been removed shall not be eligible for reappointment as a member or in any other capacity under the Board. ### 38J. Reconstitution of the Board. - If the Board fails to carry out its functions or directions issued by the State Government under this Act, the State Government shall have power to reconstitute the Board. ### 38K. Duties of the Board. - It shall be the duties of the Board- (a) to supervise, control and co-ordinate the activities of the market committees; (b) to provide expert technical assistance or guidance to the market committees, arrange for the training of officers and employees of the Board and the committees; (c) to educate the people about the advantages of the markets; (d) to collect and disseminate such statistics and marketing informations in relation to or in connection with the markets or market committees as may be considered necessary by the Board for the benefit of general public; and (e) to perform such other duties as may be prescribed. ### 38L. Delegation of powers and duties of the Board. - The Board may, from time to time, by order, delegate, under such restriction, if any, as it may think fit to impose, any of its powers and duties, conferred by or under this Act, to the Chairman or the General Manager of the Board. ### 38M. Officers and employees of the Board. - The Board may, with the approval of the State Government, appoint such other officers and employees as it may consider necessary for the efficient discharge of its functions. ### 38N. Finance, Accounts and Audit. (1) The State Government may advance money or grant loan to the Board on such terms and conditions as may be determined by the State Government. (2) The Board may, with the previous approval of the State Government raise loan from the open market or any financial institution. ### 38O. Board Fund. (1) There shall be constituted a fund to be called the Tripura Agricultural Produce Marketing Board Fund and there shall be credited thereto the sums paid to the Board by the Central Government or the State Government and all other sums raised or received by the Board. (2) The fund shall be applied- (a) for meeting the salary, allowances and other remuneration of the members, officers and other employees of the Board and other administrative expenses of the Board; (b) for advancing money or granting loan to the market committees on such terms and conditions as the Board may determine; (c) for meeting other expenses of the Board in the discharge of its functions under this Act or the rules made thereunder; and (d) for repayment of loans raised or received by the Board or interest thereon. ### 38P. Budget of the Board. - The Board shall prepare, in such form and at such time each year as may be prescribed, its budget for the next financial year, showing the estimated expenditure and forward the same to the State Government for sanction. ### 38Q. Annual report of the Board. - The Board shall prepare in such form and at such time each year as may be prescribed, its annual report giving full accounts of its activities during the previous year and forward copies thereof to the State Government. ### 38R. Accounts and audit. - The Accounts of the Board shall be maintained and audited in such manner as may, be prescribed]. Chapter VII Control by the State Government ------------------------------------------------ ### 39. [ Control by the State Government over the Board. [Section 39 and 39-A, have been inserted vide Tripura Act No. 3 of 1984, published in the Tripura Gazette, Extraordinary, Part III, No. 166, dated 30-8-1984.] - The State Government may, from time to time issue to the Board such directions and instructions as it may deem necessary for the efficient administration of the Act and the Board shall carry out such directions and instructions]. ### 39A. [ Control by the State Government and the Board over the market committee. [Section 39A has been inserted vide Tripura Act No. 3 of 1984.] - Subject to the control of the State Government, the Board or any officer, authorised by it by general or special order in this behalf, may- (a) inspect or cause to the inspected the accounts and offices of any market committee; (b) institute inquiry into the affairs of any market committee; (c) call for any return, statement, accounts or report which it or he may consider necessary for the committee to furnish; (d) issue to the market committees such orders, directions or instructions or do such other acts as it may deem necessary for the efficient administration of this Act.] ### 40. Duty of officers, servant and members of market committee to furnish information to the Director, authorised officers and State Government. (1) When the accounts and offices of market committee are inspected, or the affairs of such committee are inquired into under Section 39, or the proceedings of such committee are examined under Section 42, all officers, servants, and members of such committee shall furnish such information in their possession in regard to the accounts and offices or affairs or proceedings of such committee as the Director, or the officers authorised by the Director, as the case may be, may require. (2) The [Board] [The word 'Board' has been substituted for the word 'Director', vide Tripura Act No. 3 of 1984.] or any officer inspecting the accounts and offices or inquiring into the affairs of market committee under Section 39, or the State Government examining the proceedings of such committee under Section 42, shall, for the purposes of such inspection, inquiry or examination, have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908, while trying a suit, in respect of the following matters, namely: (a) the summoning and enforcing the attendance of any officer, servant or member of the market committee and examining him on oath; (b) the discovery and production by any officer, servant or member of the market committee of any document or other material subject producible as evidence; and (c) the reception of evidence on affidavits. (3) Any officer exercising the powers conferred by sub-section (2) shall be deemed to be a Civil Court for the purposes of Section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973. ### 41. Powers of the Director to seize books and records, funds and properties of market committees. - Where the Director has reason to believe that the books and records of a market committee are likely to be tampered with or destroyed or the funds or property of a market committee are likely to be misappropriated or misapplied, the Director may, with the approval of the State Government, issue an order directing a person duly authorised by him in writing to seize and take possession of such books and records, funds and property of a market committee and the officer or officers of the market committee responsible for the custody of such books, records, funds and property shall give delivery thereof to the person so authorised. ### 42. Power of the State Government to call for records of any proceeding of a market committee. - The State Government may, at any time, call for and examine the records of any proceedings of a market committee for the purposes of satisfying itself as to the legality or property of any decision or order passed by the market committee under this Act, and if, in any case, it appears to the State Government that any decision or order or proceedings so called for should be modified, annulled or reversed, the State Government may pass such order thereon as it think fit. ### 43. Supersession of market committee. (1) If, in the opinion of the State Government, a market committee, or any member thereof, is not competent to perform or persistently makes default in performing the duties imposed on it or him by or under this Act, or abuses its or his power or wilfully disregards any instructions issued by the State Government or any officer duly authorised by it in this behalf and arising out of audit of account of the market committee or inspection of the office and works thereof thereby frustrating the purposes of this Act, the State Government may, for reasons to be recorded by it in writing and after giving the committee or member, as the case may be, an opportunity of tendering an explanation, by notification, supersede such market committee, or remove such member, as the case may be; and, where a member is removed the vacancy so caused shall be filled in the same manner and subject to the same conditions in regard to term of office, as provided in Section 14. (2) Upon the publication of a notification under sub-section (1) superseding a market committee the following consequences shall ensue, that is to say- (a) all members of the market committee shall, from the date of such publication, be deemed to have vacated their office. (b) all the assets of the committee shall vest in the State Government; (c) the State Government may, by order, either constitute a new market committee in accordance with the provisions contained in Chapter II or make such other arrangement for carrying out the functions of the market committee as it thinks fit. Chapter IX Penalties ------------------------- ### 44. Penalty for not complying with directions. - If the president to whom a direction has been issued under sub-section (2) of Section 20, does not, except for reasons beyond his control, comply with such direction, he shall be punished with fine which may extend to five hundred rupees. ### 45. Penalty for contravention of Section 33. - Whoever in contravention of the provision of sub-section (1) of Section 30, uses any place in the market area for the marketing of the agricultural produce specified in the declaration made under sub-section (1) of Section 4, or operates in the market area or in any market therein as a trader, commission agent, processor, weighman, measurer, surveyor, warehouseman, or in any other capacity in relation to the marketing of agricultural produce specified in such declaration, shall be punished with imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both; and in the case of continuing contravention with further fine which may extend to fifty rupees for every day, after first during which the contravention continues. ### 46. Penalty for making or recovering trade allowances. - Whoever, in contravention of the provision of Section 38, makes or causes to be made or recovers or causes to be recovered any trade allowances, shall be punished with imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both. ### 47. Penalty for obstructing officer and failure to obey order under Section 39. - Whoever, obstructs any officer in carrying out the inspection of accounts, or in holding the inquiry into the affairs of a market committee or fails to obey any order with reference to any matter specified in [Clause (a) or Clause (c) of Section 39-A] [The words 'Clause (a) or Clause (c) of Section 39-A' have been substituted for the words, letters and figures 'Clause (d) or Clause (c) of Section 39' vide Tripura Act No. 3 of 1984, published in the Tripura Gazette, Extraordinary, Part III, No. 166 dated 30-8-1984.] shall be punished with fine which may extend to two hundred rupees for every day during which the offence continues. ### 48. Contravention of provisions of the Act, rules or bye-laws. - Whoever contravenes any provisions of this Act or of any rules or bye-laws made thereunder shall, if no other penalty is provided for such contravention elsewhere in this Act or in the rules or bye-laws, be punished with fine which may extend to two hundred rupees. ### 48A. [ Compounding of offences. [Section 48A has been inserted vide Tripura Act No. 3 of 1984.] - The offences punishable under Section 44 may be compounded by the Director; those punishable under Sections 45 and 46 may be compounded by the market committee concerned and the offences punishable under Section 47 and 48 may be compounded by the Board]. Chapter X Miscellaneous ---------------------------- ### 49. [ Members, officers and employees of the Board and market committees to be public servants. [Section 49 has been substituted vide Tripura Act No. 3 of 1984.] - All members, officers and employees of the Board or the market committees shall be deemed, when acting or purporting to act in pursuance of any of the provisions of this Act, to be the public servants within the meaning of Section 21 of the Indian Penal Code.] ### 50. Bar of jurisdiction. - No order passed or decision made under this Act shall be appealable except as provided therein and no civil court shall have jurisdiction in respect any matter which any competent authority is empowered by or under this Act to determine, and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act. ### 51. Trial of offences. (1) No offence under this Act, or any rule or bye-law made thereunder, shall be tried by a court inferior to the court of a Judicial Magistrate of the first class. (2) No prosecution under this Act shall be instituted except by the Director or any officer authorised by him in that behalf or by the Secretary or by any other person duly authorised by the market committee in that behalf. (3) No court shall take cognizance of any offence under this Act or any rule, order or bye-law made thereunder, unless complaint thereof is made within six months from the date on which the alleged commission of the offence came to the knowledge of the Director, officer, Secretary or person referred to in sub-section (2). (4) All fines received by a court from an offender shall be credited to the Government revenues and an amount equal to such fine shall be paid by the Government to the market committee. ### 52. Recovery of sums due to Government market committee and others. (1) Every sum due from a market committee to the Government shall be recoverable as an arrear of land revenue. (2) Subject to the provisions of sub-section (3) of Section 55, any sum due to a market committee on account of any charge, costs, expenses, fees, rent or on any other account under the provisions of this Act or any rule or bye-law made thereunder or any sum due to an agriculturist for any agricultural produce specified under sub-section (1) of Section 25, sold by him in the market area and which is not paid to him as provided by or under this Act, shall be recoverable from the person from whom such sum is due in the same manner as if it were an arrear of land revenue. (3) If any question arises whether a sum is due to a market committee or any agriculturist within the meaning of sub-2.(2) it shall be referred to a Tribunal constituted for the purposes which shall, after making such inquiry as it may deem fit, and after giving to the person from whom it is alleged to be due, an opportunity of being heard, decide the question and the decision of the Tribunal shall be final. (4) The State Government may constitute one or more Tribunals consisting of one person, possessing such qualifications as may be prescribed who is not connected with the market committee or the agriculturist, as the case may be, or with the person from whom the sum is alleged to be due. ### 53. Power of State Government to delegate powers. - The State Government may, be notification, and subject to such conditions, if any as it may think fit to impose, delegate all or any of the powers conferred upon it by or under any of the provisions of this Act to be the [Board] [The word 'Board' has been substituted for the word 'Director', vide Tripura Act No. 3 of 1984.] or any other officer or person specified in the notification. ### 54. Power to exempt the market committee etc. from provisions of the Act. - The State Government may, by general or special order, published in the official Gazette, exempt any market committee or any class of persons from any of the provisions of this Act or any rule or bye-law made there under or may direct, in like manner, that the provisions of this Act shall apply to the market committee or any class of persons with such modifications, not affecting the substance thereof, as may be specified in that order. ### 55. Power to make rules. (1) The State Government may, by notification, make rules for carrying out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: (a) the manner in which the members of a market committee may be elected, under Section 9 including all matters incidental to such election; (b) term of office and other conditions of service of the President of the market committee under Sections 15 and 18; (c) the duties of market committee under sub-section (2) of Section 23 and the promotion of the grading and standardisation of such agricultural produce as may be specified in the rules, under Clause (i) of that sub-station; (d) the manner of levy and collection of market fees by market committee, under Section 26; (e) the conditions subject to which loans may be obtained or given by a market committee under sub-section (3) of Section 27; (f) the manner in which and the time within which an appeal may be filed under sub-section (2) of Section 59; (g) the form of licence and the terms and conditions subject to which a licence may be granted or renewed; including fees to be paid in respect of such licence, under Section 31; (h) the fees payable in connection with the weighment and delivery of agricultural produce under Section 31; (i) the manner in which an appeal may be filed under sub-section (1) of Section 33; (j) the composition of sub-committees, method of payment of arbitrators and the fees, if any, that may be paid by parties for the settlement of disputes, the procedure to be followed by the sub-committees or arbitrators for the settlement or disputes and the manner in which and the time within which an appeal may be preferred from the decision of the sub-committee or arbitrator under Section 34; (k) the manner in which the amount to the credit of a market fund shall be kept or invested under sub-section (2) of Section 35; (l) travelling and other allowances payable to the members of the market committees; (m) the manner in which payment from the market fund shall be made its account shall be kept or audited or re-audited, budget estimates of income and expenditure shall be made and annual administration report shall be prepared under Section 37; (n) the qualifications of the member of a Tribunal constituted under sub-section (4) of Section 52; (o) any other matter which is required to be, or may be, prescribed. (p) [ power and duties of the Chairman under Section 38-E; [Clauses (p) to (v) in Section 55 have inserted vide Tripura Act Act No. 3 of 1984.] (q) power and duties of the General Manager under sub-section (2) of Section 38-F; (r) manner of transacting business of the Board under Section 38-G; (s) the form and which the time at which the budget and annual report of the Board shall be prepared under Sections 38-P and 38-Q respectively; (t) the manner in which the accounts of the Board shall be maintained and audited, as required under Section 38-R; (u) the powers and duties of the President of a market committee under Section 15-A; (v) the powers and duties if the Secretary under Section 29-A.] (3) Any rule made under this section may provide that if any purchaser fails to make the payment forthwith as required by sub- section (6) of Section 25, he shall be liable to pay interest from the date of sale to the date of payment at such rate as may be provided in such rule and if payment is not made within thirty days from the date on which the agricultural produce is sold, the principal and interest shall be recoverable by the market committee from the purchaser in the manner provided on Section 52. (4) Any rule made under the provisions of this Act, may provided that the contravention thereof shall, on conviction, be punished with fine which may extend to five hundred rupees. (5) The power to make, rule conferred by this section, shall be subject to the condition of the rules being made after previous publication. (6) Every rule made under this Act shall be laid as soon as may be after it is made before the Legislative Assembly of Tripura while it is in session for a total period of fourteen days which may be comprised in one session or in two or more successive session, and if, before the expiry of the session in which it is so laid or the session immediately following, the house agrees in making any modification in the rule or the House agrees that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any modification or annulment shall be without prejudice to the validity of anything previously done under that rule. ### 56. Bye-laws. (1) Subject to any rules made under this Act, and with the previous sanction of the State Government, a market committee may, in respect of the market area for which it is constituted or any market established therein, make bye-laws for determining the quantity of agricultural produce which may be provided for retail sale, for the regulation of the business (including meeting, quorum an procedure) of the market committee and the conditions of trading in the market area, including the rates and manner of collection or refund of market fees or any other fees levied under this Act. (2) Where a market committee fails to make-bye-laws under this section within six months from the date on which this Act comes into force or the date of its constitution, whichever is later, the State Government may make such bye-laws as it may think fit and the bye-laws so made shall remain in operation in relation to that market committee. (3) Any bye-law made under the provisions of this Act may provide that any contravention thereof shall, on conviction, be punished with fine which may extend to one hundred rupees. ### 57. Power of the State Government to amend Schedule. - State Government may by notification, include in the Schedule any item of agricultural produce or, amend, or exclude, any of the items of agricultural produce specified i n the Schedule. ### 58. Power to write off irrecoverable fees etc. - Whenever it is found that any amount due to the State Government or a market committee is irrecoverable or should be remitted, or whenever any loss of the State Government's or a market committee's money or stores or other property occurs through the fraud or negligence of any person or for any other cause and such money or property is found to be irrecoverable, the fact shall be reported to the Director or market committee, as the case may be, and the Director with the approval of State Government and the market committee with the approval of the Director, may order the amount or value of the property to be written off as lost, irrecoverable or remitted, as the case may be: Provided that the Director shall not accord such approval without obtaining prior consent of the State Government. ### 59. Power of the Committee and President to impose penalty. (1) A market committee shall have the power by order, to impose the penalties of censure and fine on any market functionary or agriculturist or purchaser for the contravention of any bye-law, after giving the person concerned a reasonable opportunity of being heard; Provided that the market committee shall not be competent to impose fine exceeding twenty-five rupees. (2) An appeal against an order under sub-section (1) shall lie to the Director within such time and in such manner as may be prescribed. ### 60. Repeal and savings. (1) On the commencement of this Act, the Bombay Agricultural Produce Markets Act, 1939, shall cease to be in force in the State of Tripura: Provided that such cessation shall not affect the previous operation of the enactment aforesaid and anything done or any action take (including any appointment, delegation or declaration, made, notification, order, rule, direction, or notice issued, bye-law framed, market committee established, licences granted, fees levied and collected, instruments executed, any fund established or constituted) by or under the provisions of any such enactment, shall, in so far 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, and shall continue in force unless and until superseded by anything done or any action taken under this Act. (2) Any area or place declared to be a market area or any place or market declared to be a market under the enactment so ceasing to be in force shall, on the commencement of this Act, be deemed to be the market area or market declared under this Act; the market committee constituted for the said market area and functioning immediately prior to such commencement shall be deemed, notwithstanding anything contained in this Act, to be the market committee constituted under this Act for such market area, and, where it is so declared or notified, also for the agricultural produce specified in the declaration or notification; and all the members of such market committee shall be deemed to be members nominated by the State Government under sub-section (2) of Section 7. (3) Any reference to the enactment ceasing to be in force as aforesaid or to any provisions thereof or to any officer, authority or person entrusted with any functions thereunder, in any law for the time being in force or any instrument or document, shall be construed, where necessary, as a reference to the-corresponding provisions of this Act or to the corresponding officer, authority or person functioning under this Act and the corresponding officer, authority or person, as the case may be, shall have and exercise the functions under such law, instrument or document. ### 61. Power to remove difficulties. - If any difficulty arises, in giving effect to the provisions of this Act, the State Government may, as occasion requires, by order not inconsistent with the provisions of this Act, do anything which appears to it be necessary or expedient for the purpose of removing the difficulty. Provided that no such order shall be made after the expiry of three years for the commencement of this Act. Schedule ---------- [See Section 2 (1) (a) and Section 57] I. Fibres: ### 1. Cotton (ginned and unginned). ### 2. San Hemp, ### 3. Jute. ### 4. Mesta. II. Cereals ### 1. Wheat arid wheat products. ### 2. Paddy and its products. ### 3. Chira. ### 4. Muri. ### 5. Khai. ### 6. Maize. ### 7. Ragi. ### 8. Jowar. III. Pulses : ### 1. Arhar. ### 2. Blackgram of Kalai. ### 3. Mug. ### 4. Lentil (Musur) . ### 5. Choola. ### 6. Dry peas. ### 7. Kulthi. ### 8. Splits (Dal) of pulses. ### 9. Khesari. ### 10. Ghevda. ### 11. Cow peas (Dry) . ### 12. Assam Vailly. IV Oil Seeds: ### 1. Groundnut (shelled and unshelled). ### 2. Linseeds. ### 3. Sesamum. ### 4. Coconut (including green). ### 5. Cotton seeds. ### 6. Castor seeds. ### 7. Mustard and rape. ### 8. All vegetable oil & oilcakes. V. Tobacco : VI. Gur, sugar and sugarcane, VII. Fruits : ### 1. Mango. ### 2. Musambi. ### 3. Lemon. ### 4. Banana. ### 5. Chikko. ### 6. Melons. ### 7. Water Melon. ### 8. Papaya. ### 9. Guava. ### 10. Custard Apple. ### 11. Pineapple. ### 12. Naspati. ### 13. Jackfruit. ### 14. Litchi. ### 15. Orange. ### 16. Black Berry. VIII. Vegetable : ### 1. Potato. ### 2. Onion. ### 3. Palwal. ### 4. Brinjals. ### 5. Gourds (Law, Chalkumar & Mistt Kumar). ### 6. Bhindi. ### 7. Pumpkin. ### 8. Tomato. ### 9. Cauliflower. ### 10. Cabbage. ### 11. Peas. ### 12. Beans. ### 13. Shag (All leafy vegetable). ### 14. Carrot. ### 15. Raddish. ### 16. Sweet Potato. ### 17. Karela. ### 18. Patal. ### 19. Mukhi (Chara) . ### 20. Kachu. ### 21. Green Chilly. ### 22. Tapioca. ### 23. Papaya (Green) . IX. Animal Husbandry Products : ### 1. Eggs. ### 2. Poultry. ### 3. Cattle. ### 4. Sheep. ### 5. Goat. ### 6. Wool. ### 7. Butter. ### 8. Ghee. ### 9. Milk. ### 10. Pork. ### 11. Bones. ### 12. All kinds of meat. ### 13. Hides and skins. X. Condiments, spices & others : ### 1. Turmeric. ### 2. Ginger. ### 3. Coriander. ### 4. Cardamom including black pepper. ### 5. Garlic. ### 6. Chillies. ### 7. Betelnuts. ### 8. Betel leaves. ### 9. Cashewnut. ### 10. Rai mustard. ### 11. Methi. ### 12. Tamarine. XI. Grass & Fodder. XII. Cattle Feeds : (All kinds of cattle feeds) XIII. Apiculture : ### 1. Honey. XIV. Pisciculture : ### 1. Fish including fish seed. ### 2. Fish including dry fish. XV. Forest produce : ### 1. Hilda. ### 2. Gum. ### 3. Bidi leaves. ### 4. Lac. ### 5. Chhan. ### 6. Citronala and its oils. ### 7. Bel. ### 8. Kul. ### 9. Bamboo including Dhari, Tukri, Laddor, Chatai & Wooden portion of the plough .

65ba7278ab84c7eca86eb5ff

acts

Union of India - Act ---------------------- Baroda Rajasthan Kshetriya Gramin Bank (Employees') Pension Regulations, 2018 ------------------------------------------------------------------------------- UNION OF INDIA India Baroda Rajasthan Kshetriya Gramin Bank (Employees') Pension Regulations, 2018 =============================================================================== Rule BARODA-RAJASTHAN-KSHETRIYA-GRAMIN-BANK-EMPLOYEES-PENSION-REGULATIONS-2018 of 2018 ---------------------------------------------------------------------------------------- * Published on 31 October 2018 * Commenced on 31 October 2018 Baroda Rajasthan Kshetriya Gramin Bank (Employees') Pension Regulations, 2018 Published vide Notification F. No. BRKGB/2018-19/HRM/21422, dated 31.10.2018 Last Updated 9th January, 2019 F. No. BRKGB/2018-19/HRM/21422. - In exercise of the powers conferred by section 30 read with sub-section (1) of section 17 of the Regional Rural Banks Act, 1976 ( 21 of 1976 ) the Board of Directors of Baroda Rajasthan Kshetriya Gramin Bank with its Head Office at Ajmer (Rajasthan) after consultation with Bank of Baroda being the Sponsor Bank and the National Bank and with the previous sanction of the Central Government hereby makes the following regulations, namely: - Chapter I Preliminary -------------------------- ### 1. Short title and commencement. (1) These Regulations may be called "Baroda Rajasthan Kshetriya Gramin Bank (Employees') Pension Regulations, 2018". (2) Save as otherwise expressly provided in these regulations, they shall come into force on the date of their publication in the Official Gazette. ### 2. Definitions. (1) In these regulations, unless the context otherwise requires, - (a) "Act" means the Regional Rural Banks Act, 1976 ( 21 of 1976 ); (b) "actuary" shall have the meaning assigned to it in clause (1) of section 2 of the Insurance Act, 1938 ( 4 of 1938 ); (c) "average emoluments" means the average of the pay drawn by an employee during the last ten months of his service in the Bank; (d) "Bank" means Baroda Rajasthan Kshetriya Gramin Bank established under sub-section (1) of section 3 of the Act; (e) "Board" means the Board of Directors of the Bank; (f) "child" means a child of the employee, who if a son, is under twenty-five years of age and if a daughter, is unmarried and is under twenty-five years of age and the expression "children" shall be construed accordingly; (g) "competent authority" shall have the same meaning as assigned to it in the Baroda Rajasthan Kshetriya Gramin Bank (Officers and Employees) Service Regulations, 2010; (h) "contribution" means any sum credited by the Bank on behalf of employee to the Fund, but shall not include any sum credited as interest; (i) "date of retirement" means the last date of the month in which an employee attains the age of superannuation or the date on which he is retired by the Bank or the date on which the employee voluntarily retires; (j) "employee" means any person employed in the service of the Bank, whether as a workman on full time work on permanent basis or on part-time work on permanent basis on scale wages or as an officer and who opts and is governed by these regulations, but does not include a person employed either on contract basis or daily wage basis or on consolidated wages; (k) "effective date" means the 1st day of April, 2018; (l) "eligible employee" means an employee who is eligible for pension under these regulations; (m) "employees' pension scheme, 1995" means the Employees' Pension Scheme constituted under the Employees' Provident Fund and Miscellaneous Provisions Act, 1952 ( 19 of 1952 ); (n) "family" in relation to an employee means,- (i) wife in the case of a male employee or husband in the case of a female employee (whether the marriage took place before or after retirement); (A) unmarried sons or unmarried daughters (born before or after retirement including those adopted) who have not attained the age of twenty-five years; (B) unmarried sons or unmarried daughters suffering from any disorder or disability of mind or physically crippled; (iv) widowed daughters or divorced daughters (born before or after retirement) without any age restriction; (v) parents who were wholly dependent on the employee when such employee was alive, subject to the following conditions: (A) the diseased employee had left behind neither a widow or widower nor an eligible son or daughter or a widowed or divorced daughter and that the earnings of the parents is less than two thousand five hundred and fifty rupees per month. (B) where the diseased employee has left behind a childless widow, they become eligible for family pension only after the death of childless widow or when her independent income from all other sources becomes equal to or higher than two thousand five hundred and fifty rupees per month; (ii) a judicially separated wife or husband, such separation not being granted on the ground of adultery and the person surviving was not held guilty of committing adultery; (iii) (o) "family pension" means the family pension referred to in regulation 37; (p) "financial year" means a year commencing on the 1st day of April; (q) "Fund" means the "Baroda Rajasthan Kshetriya Gramin Bank (Employees') Pension Fund" constituted under regulation 4; (r) "National Pension System" means the National Pension System as defined in clause (i) of sub-section (1) of section 2 of the Pension Fund Regulatory and Development Authority Act, 2013 ( 23 of 2013 ); (s) "notified date" means the date on which these regulations are published in the Official Gazette; (t) "pay" means the basic pay including stagnation increments, if any, and all allowances counted for the purpose of making contributions to the Provident Fund and for the payment of dearness allowance; (u) "pension" means the class of pension as specified in Chapter V and includes family pension; (v) "pensioner" means an employee eligible for pension under these regulations; (w) "qualifying service" means the service rendered on regular basis which shall be taken into account for the purpose of pension under these regulations; (x) "retirement" means cessation from Bank's service,- (i) on attaining the age of superannuation as specified in the service regulations; (ii) on voluntary retirement in accordance with provisions contained in regulation 28; (iii) on premature retirement by the Bank before attaining the age of superannuation in accordance with provisions contained in regulation 30; (y) "Service Regulations" means the Baroda Rajasthan Kshetriya Gramin Bank (Officers and Employees) Service Regulations, 2010; (z) "trust" means the trust of Baroda Rajasthan Kshetriya Gramin Bank (Employees') Pension Fund constituted under sub- regulation (1) of regulation 4; (za) "trustee" means the trustees of the Baroda Rajasthan Kshetriya Gramin Bank (Employees') Pension Fund constituted under regulation 4; (zb) "Provident Fund" means the provident fund of the Bank. (2) All other words and expressions used in these regulations but not defined, and defined in the Act or the Baroda Rajasthan Kshetriya Gramin Bank (Officers and Employees) Service Regulations, 2010 shall have the same meanings respectively assigned to them in the Act, or as the case may be, the Baroda Rajasthan Kshetriya Gramin Bank (Officers and Employees) Service Regulations, 2010. Chapter II Application and Eligibility ------------------------------------------- ### 3. Application. (1) These regulations shall apply to any employee who - (a) was in the service of the Bank on or after the 1st day of September, 1987 but had retired on or before 31 March, 2010 who exercise an option in writing within one hundred and twenty days from the notified date, to become a member of the Fund and refund within sixty days after the expiry of the said period of one hundred and twenty days, the entire final amounts received by him (the corpus comprising of Bank's contribution to provident fund under the Employees' Pension Scheme, 1995 and interest accrued thereon till the date of receipt by him of the amount) but without requiring to pay interest on such final amounts from the date of receipt of such final amounts to the date of refund; or (b) was in the service of the Bank on or after the 1st day of September, 1987 who continue to be in the service of the Bank on or after the notified date and exercise an option in writing within one hundred and twenty days from the notified date, to become member of the Fund and cause to transfer the entire contribution of the Bank along with the interest accrued thereon, to the credit of the Fund constituted under regulation 4; or (c) was in the service of the Bank between the 1st day of September, 1987 and 31st March 2010 and continued in service on or after effective date but retired before the notified date, if he exercises an option in writing within one hundred and twenty days from the notified date, to become member of the Fund and refund within sixty days of the expiry of the said period of one hundred and twenty days the entire final amounts received by him (the corpus comprising of Bank's contribution to provident fund under the Employees' Pension Scheme, 1995 and interest accrued thereon till the date of receipt by him of the amount) but without requiring to pay interest on such final amounts from the date of receipt of such final amounts to the date of refund: Provided that the family of the employee who - (i) was in the service of the Bank on or after the 1st day of September, 1987 but died on or before 31st March, 2010; or (ii) joined the service between 1st September, 1987 and 31 March, 2010 and died before the effective date; or (iii) joined the service of the Bank between 1st September 1987 and 31 March 2010 and continued in service on or after the effective date but had died before one hundred twenty days after the notified date without the employee exercising an option in writing to become member of the Fund, shall be entitled to family pension under these regulations, if the family of such deceased employee exercises an option in writing within one hundred and twenty days from the date of the death of the employee or the expiry of one hundred and twenty days from the notified date, whichever is later, to become member of the Fund and refund within sixty days of the expiry of the said period of one hundred and twenty days the entire final amounts received by the family (the corpus comprising of Bank's contribution to provident fund under the Employees' Pension Scheme, 1995 and interest accrued thereon till the date of receipt of the amount by the family) but without requiring to pay interest on such final amounts from the date of receipt of such final amounts to the date of refund. (2) An employee or family of the deceased employee not exercising the option under sub-regulation (1) or who, after exercising the option, not refunding the amount shall be deemed not interested in becoming a member of the Fund and shall continue to be governed under the Employees' Pension Scheme, 1995. (3) Notwithstanding anything contained in this regulation, any employee who joined the service of the Bank on or after the 1st April, 2010 shall have an option either to be covered by the National Pension System or to continue to be governed under the Employees' Pension Scheme, 1995. (4) Notwithstanding anything contained in this regulation, any employee who join the service of the Bank on or after the 1st April, 2018 shall be covered by the National Pension System. Chapter III The Fund ------------------------- ### 4. Constitution of the Fund. (1) The Bank shall constitute a Fund to be called the "Baroda Rajasthan Kshetriya Gramin Bank (Employees') Pension Fund" under an irrevocable trust within one hundred twenty days from the notified date. (2) The Fund shall have for its sole purpose the provision of the payment of pension or family pension in accordance with these regulations to the employee or his family. (3) The Bank shall be a contributor to the Fund and shall ensure that sufficient sums are placed in it to enable the trustees to make due payments to beneficiaries under these regulations. ### 5. Liability of the Bank. (1) (a) The Bank, shall, after constitution of the Fund under regulation 4, cause to transfer to the Baroda Rajasthan Kshetriya Gramin Bank (Employees') Pension Fund, the accumulated balance of the contribution of the Bank towards pension under the Employees' Pension Scheme, 1995 and interest accrued thereon upto the date of such transfer in respect of the eligible serving employee opting to become a member of the Fund under regulation 3. (b) The Bank shall, after constitution of the Provident Fund under the Act, transfer to that Fund, the accumulated balance of the contribution of the employee towards provident fund under the Employees' Pension Scheme, 1995 and interest accrued thereon upto the date of such transfer in respect of eligible serving employee opting to become a member of the Fund under regulation 3. (2) The retired employee or the family of the deceased employee opting for Fund under sub-regulation (1) of regulation 3, shall continue to receive the amount of pension component under the Employees' Pension Scheme, 1995 and the balance of the pension payable under these regulations shall be paid out of the Fund. ### 6. Composition of the Fund. - The Fund shall consist of the following, namely: - (a) contribution by the Bank based on actuarial assessment of initial gap between assets and liabilities of the Fund; (b) the contribution by the Bank at the rate of ten per cent per month of the pay of the employee; (c) the accumulated contributions of the Bank towards pension and provident fund under the Employees' Pension Scheme, 1995 and interest accrued thereon upto the date of transfer to the Fund in respect of an eligible serving employee; (d) the amount consisting of the provident fund contribution of the Bank under the Employees' Pension Scheme, 1995 refunded by the eligible retired employees; (e) the investment in annuities or securities purchased out of the moneys of the Fund and interest thereon; (f) amount of any capital gains arising from the capital assets of the Fund; (g) the additional annual contribution made by the Bank in accordance with the provisions contained in regulation 10; (h) any income from investments of the amounts credited to the Fund; (i) the amount consisting of provident fund contribution of the Bank under the Employees' Pension Scheme, 1995 refunded by the family of the eligible deceased employee. ### 7. Board of trustees. (1) The general superintendence, direction and management of the affairs and business of the Fund shall vest in the board of trustees, which shall exercise all powers and do all acts and things which may be necessary for the payment of pension or family pension under these regulations. (2) The board of trustees shall consist of such number of persons not less than three and not more than five, as may be determined by the Board, to be appointed by the Bank. (3) The power to appoint the trustees shall be vested with the Bank and all such appointments shall be made in writing. (4) The Bank shall nominate one of the trustees to be the Chairman of the board of trustees. (5) The term of appointment of trustee shall be for a period of three years and the Bank may reappoint a trustee who has already completed his term: Provided that no trustee shall be appointed for more than two terms. ### 8. Trustees to carry out directions of the Board. - In the discharge of its powers and functions under regulation 7, the board of trustees shall be guided by such directions as may be given by the Board to it, from time to time: Provided that all such direction shall be given in writing and shall specify the purpose or objective thereof. ### 9. Books of accounts of the Fund. (1) The accounts of the Fund shall contain the particulars of all financial transactions relating to the Fund in such form as may be specified by the Bank. (2) Within sixty days from the date of furnishing of the balance sheet of the Bank, the trust shall prepare a financial statement of the trust indicating therein the general account of assets and liabilities of the trust and forward a copy of the same to the Bank. (3) The accounts of the Fund shall be audited in accordance with the provisions of section 19 of the Act. ### 10. Actuarial investigation of the Fund. - The Bank shall cause an investigation to be made by an actuary into the financial condition of the Fund every financial year on the 31st day of March, and make such additional annual contributions to the Fund as may be required to secure payment of the benefits under these regulations: Provided that the Bank shall cause an investigation to be made by an actuary into the financial condition of the Fund as on the 31st day of March immediately following the financial year in which the Fund is constituted. ### 11. Investment of the Fund. - All moneys contributed to the Fund or received or accruing by way of interest or otherwise to the Fund, may be deposited in a Post Office Savings Bank Account in India or in a current account or in a savings account with any scheduled bank or utilised in making payment of pensionary benefits in accordance with these regulations and to the extent such moneys as are not so deposited or utilised shall be invested in the Government securities, debt instruments, short term debt instruments, equities and related investments, asset backed trust structured and miscellaneous investments. ### 12. Payment out of the fund. - The trust shall, subject to the other provisions of these regulations, be administered for grant of pensionary benefits to the eligible retired employees of the Bank or the family pension to the families of the deceased eligible employees of the Bank. Chapter IV Qualifying Service For Pension ---------------------------------------------- ### 13. Qualifying service for pension. - Subject to the other provisions of these regulations, an employee who has rendered a minimum of ten years of service in the Bank shall qualify for pension. ### 14. Commencement of qualifying service. - Subject to the provisions contained in these regulations, qualifying service of an employee shall commence from the date he takes charge of the post to which he is first appointed on a regular basis and service on probation shall be counted if followed by confirmation in the post. ### 15. Counting of periods spent on leave. - All leave during service in the Bank for which leave salary is payable shall count as qualifying service: Provided that extraordinary leave on loss of pay shall not count as qualifying service except when the authority sanctioning the leave has directed that such leave not exceeding twelve months' during the entire service, may count as service for all purposes including pension. ### 16. Broken period of service of less than one year. - If the period of service of an employee includes broken period of service of less than one year but more than six months, it shall be treated as one year and if such broken period is six months or less, it shall be ignored: Provided that the provisions of this regulation shall not apply for determining the minimum qualifying service required for pension. ### 17. Counting of period spent on training. - Period spent by an employee on training in the Bank immediately after his appointment shall count for qualifying service. ### 18. Counting of past service in the erstwhile bank. - The service rendered by the employee, on regular basis in any other bank shall also be counted for qualifying service on amalgamation of that bank with the Bank: Provided that nothing contained in this regulation shall apply to any such employee who is appointed on contract basis or on daily wage basis or on consolidated wages. ### 19. Period of suspension. (1) Period of suspension of an employee pending inquiry shall count for qualifying service, where on conclusion of such inquiry, he has been fully exonerated or the suspension is held to be wholly unjustified. (2) In all other cases, the period of suspension shall not count as qualifying service unless the competent authority passing the orders under the service regulations governing such case expressly declare at the time that it shall count to such extent as such authority may declare. ### 20. Forfeiture of service. (1) Resignation not amounting to voluntary retirement or dismissal or removal or termination of an employee from the service of the Bank shall entail for forfeiture of his entire past service and consequently shall not qualify for pension under these regulations. (2) An interruption in the service of an employee entails forfeiture of his past service, except in the following cases, namely: - (a) authorised leave of absence; (b) suspension, where it is immediately followed by reinstatement, whether in the same or a different post, or where the employee dies or is permitted to retire or is retired under the provisions of the Service Regulations while under suspension. ### 21. Interruption in services due to participation in strike. - An Interruption in service of employee due to participation in strike shall not be counted for qualifying service for pension during such interruption unless such interruption is condoned by the competent authority: Provided that before making an entry in the service record of the Bank employee regarding such interruption in service because of his participation in strike, an opportunity of representation may be given to the employee. ### 22. Military service. - An employee who has rendered military service before appointment in the Bank shall continue to draw the military pension, if any, but military service rendered by the employee shall not count as qualifying service for pension under these regulations. ### 23. Period of deputation to an organisation in India. - Period of deputation of an employee to another organisation in India will count for qualifying service provided the organisation to which he is deputed or the employee, pays the pensionary contributions at the rates specified under these regulations or at the rates specified by the Bank at the time of deputation, whichever is higher, to the Bank. ### 24. Addition to qualifying service in special circumstances. - An employee shall be eligible to add to his service qualifying for superannuation pension specified in regulation 26, the actual period not exceeding one fourth of the length of his service or the actual period by which his age at the time of recruitment exceeded the upper age limit specified by the Bank for direct recruitment or a period of five years, whichever is less, if the service or post to which the employee is appointed is one. - (a) for which post-graduate research, or specialist qualification or experience in scientific, technological, or professional fields, is essential; (b) to which candidates of age exceeding the upper age limit specified for direct recruitment are normally recruited; and (c) for which the candidate was given age relaxation over and above the maximum age limit fixed by the Bank on account of his possessing higher qualifications or experience: Provided that this concession shall not be admissible to an employee unless his actual qualifying service at the time of his superannuation is not less than ten years. ### 25. Counting of service rendered on permanent part-time basis. (1) In case of an employee who was employed on a permanent part-time basis in the service of the Bank in accordance with the erstwhile rules of appointment applicable to him and was contributing to the Employees' Provident Fund, the service rendered by him on a permanent part-time basis from the date of such contribution, shall be counted as qualifying service. (2) For the purpose of calculating the amount of pension in respect of a permanent part-time employee, the length of qualifying service shall be determined in accordance with Form IV. (3) For the purpose of calculating the amount of pension under this regulation, the actual service rendered shall be taken as qualifying service and in such cases the actual pay drawn at the time of retirement shall be reckoned for the purpose of average emoluments. Chapter V Classes of Pension --------------------------------- ### 26. Superannuation pension. - Superannuation pension shall be granted to an employee who has retired on his attaining the age of superannuation. ### 27. Pension on voluntary retirement. (1) On or after the effective date, at any time after an employee has completed twenty years of qualifying service, he may, by giving notice of not less than three months in writing to the appointing authority, retire from service: Provided that this sub-regulation shall not apply to an employee who seeks retirement from service for being absorbed permanently in an autonomous body or a public sector undertaking or a company or institution or body, whether incorporated or not, to which he is on deputation, at the time of seeking voluntary retirement. (2) The notice of voluntary retirement given under sub-regulation (1) shall require acceptance by the appointing authority: Provided that where the appointing authority does not refuse to grant the permission for retirement before the expiry of the period specified in the said notice, the retirement shall become effective from the date of expiry of the said period. (3) (a) An employee referred to in sub-regulation (1) may make a request in writing to the appointing authority to accept notice of voluntary retirement of less than three months giving reasons thereof. (b) On receipt of a request under clause (a), the appointing authority may, subject to the provisions of sub-regulation (2), consider such request for the curtailment of the period of notice of three months on merits and if it is satisfied that the curtailment of the period of notice will not cause any administrative inconvenience, the appointing authority may relax the requirement of notice of three months on the condition that the employee shall not apply for commutation of a part of his pension before the expiry of the notice of three months. (4) An employee, who has elected to retire under this regulation and has given necessary notice to that effect to the appointing authority, shall be precluded from withdrawing his notice except with the specific approval of such authority: Provided that the request for such withdrawal shall be made before the intended date of his retirement. (5) The qualifying service of an employee retiring voluntarily under this regulation shall be increased by a period not exceeding five years, subject to the condition that the total qualifying service rendered by such employee shall not in any case exceed thirty-three years and it does not take him beyond the date of superannuation: Provided that the increase in his qualifying service, shall not entitle him to any notional fixation of pay for the purpose of calculating his pension. ### 28. Invalid pension. (1) Invalid pension may be granted to an employee who, - (a) has rendered minimum ten years of service; and (b) retires from the service on or after the effective date on account of any bodily or mental infirmity, which permanently, incapacitates him for the service. (2) An employee applying for an invalid pension shall submit a medical certificate of incapacity from a medical officer approved by the Bank. (3) Where the medical officer approved by the Bank has declared the employee fit for further service of less laborious character than that which he had been doing, he may, provided he is willing to be so employed, be employed on lower post and if there be no means of employing him even on a lower post, he may be admitted to invalid pension. (4) No medical certificate of incapacity for service may be granted unless the applicant produces a letter to show that the competent authority is aware of the intention of the applicant to appear before the medical officer approved by the Bank. (5) The medical officer approved by the Bank shall also be supplied by the competent authority in which the applicant is employed, with a statement of what appears from official records to be the age of the applicant. ### 29. Compassionate allowance. (1) An employee, who is dismissed or removed or terminated from service, shall forfeit his pension: Provided that the authority higher than the authority competent to dismiss or remove or terminate him from service may, if - (i) such dismissal, removal, or termination is on or after the effective date; and (ii) the case is deserving of special consideration, sanction a compassionate allowance not exceeding two-thirds of the pension which would have been admissible to him on the basis of the qualifying service rendered upto the date of his dismissal, removal, or termination. (2) The compassionate allowance sanctioned under the proviso to sub-regulation (1) shall not be less than the amount of minimum pension payable under regulation 34. ### 30. Premature retirement pension. - Premature retirement pension may be granted to an employee who, - (a) has rendered minimum ten years of service; and (b) retires from service on account of orders of the Bank to retire prematurely in the public interest or for any other reason to be recorded in writing, if otherwise he was entitled to such pension on superannuation, on that date. ### 31. Compulsory retirement pension. - An employee compulsorily retired from service as a penalty, on or after the effective date, in terms of the Service Regulations, may be granted by the authority higher than the authority competent to impose such penalty, pension at a rate not less than two-thirds and not more than full pension admissible to him on the date of his compulsory retirement, if otherwise he was entitled to such pension on superannuation, on that date: Provided that where the pension awarded under this regulation is less than the full pension admissible under these regulations, the Board of Directors shall be consulted before such order is passed. ### 32. Payment of pension or family pension in respect of certain employees. (1) An employee who was in service between 1st day of September, 1987 and 31st day of March 2010 and retired from the service of the Bank before 31st day of March, 2018 shall, subject to the provisions of these regulations, be eligible for payment of pension from the effective date. (2) The family of a deceased employee, who was in service between the 1st day of September, 1987 and 31st day of March 2010 and died before the 31st day of March, 2018 shall, subject to the provisions of these regulations, be eligible for payment of family pension from the effective date. Chapter VI Rate of Pension ------------------------------- ### 33. Amount of pension. (1) In case of an employee who retired between the 1st day of September, 1987 and 31st day of October, 1987, the basic pension and additional pension wherever applicable, shall be upgraded as per the formula specified in Form-I. (2) In the case of an employee retiring after completing a qualifying service of not less than thirty-three years, the amount of basic pension shall be calculated at fifty per cent of the average emoluments. (3) (a) Additional pension referred to in sub-regulation (1) shall be fifty per cent of the average amount of the allowance drawn by an employee during the last ten months of his service. (b) No dearness relief shall be paid on the amount of additional pension. Explanation. - For the purposes of this sub-regulation, "allowance" means allowance which are admissible to the extent counted for making contributions to the Provident Fund. (4) Pension, as computed, being aggregate of pension and additional pension, shall be subject to the minimum pension as specified in regulation 34. (5) An employee who has commuted the admissible portion of his pension as per the provisions of regulation 39, shall receive only the balance of pension, monthly. (6) (a) In the case of an employee retiring before completing a qualifying service of thirty-three years, but after completing a qualifying service of ten years, the amount of pension shall be proportionate to the amount of pension and additional pension admissible under sub-regulations (2) and (3) and in no case the amount of pension shall be less than the amount of minimum pension specified in these regulations. (b) Notwithstanding anything contained in these regulations, the amount of invalid pension shall not be less than the ordinary rate of family pension which would have been payable to his family in the event of his death while in service. (7) The amount of pension finally determined under these regulations shall be expressed in whole rupee and where the pension contains a fraction of a rupee, it shall be rounded off to the next higher rupee. ### 34. Minimum pension. - The amount of minimum pension shall be - (a) three hundred and seventy-five rupees per month in respect of an employee other than a permanent part-time employee, where the employee had retired before the 1st day of November, 1992 (in case of employees other than officers) or before the 1st day of July, 1993 (in case of officers) and proportionate amount thereof in the case of a permanent part-time employee who retired before the 1st day of November, 1992; (b) seven hundred and twenty rupees per month in respect of an employee other than a permanent part-time employee, where the employee had retired on or after the 1st day of November, 1992 (in case of employees other than officers) or on or after 1st day of July 1993 (in case of officers) and proportionate amount thereof in the case of a permanent part-time employee who had retired on or after the 1st day of November, 1992; (c) one thousand and sixty rupees per month in respect of an employee other than a permanent part-time employee, who retired on or after 1st April, 1998 but before 31st October, 2002 and three hundred and fifty-five rupees in respect of such employee drawing one third of scale wages, five hundred and thirty rupees in respect of such employee drawing one half of scale wages and seven hundred and ninety-five rupees in respect of such employee drawing three fourth of scale wages, where the employee retired on or after 1st day of April, 1998; (d) one thousand four hundred and thirty-five rupees per month in respect of an employee, other than permanent part time employee, where the employee retired on or after 1st November, 2002 and four hundred and eighty rupees per month in respect of such employee drawing one third of scale wages, seven hundred and twenty rupees per month in respect of such employee drawing one half of scale wages and one thousand and eighty rupees per month in respect of such employee drawing three fourth of scale wages, where the employee retired on or after the 1st day of May, 2005; (e) one thousand seven hundred and seventy-nine rupees per month in respect of an employee, other than a permanent part time employee, where the employee retired on or after 1st day of November, 2007 and five hundred and ninety-five rupees per month in respect of such employee drawing one third of scale wages, eight hundred and ninety-two rupees per month in respect of such employee drawing one half of scale wages and one thousand three hundred and thirty-nine rupees per month in respect of such employee drawing three fourth of scale wages, where the employee retired on or after the 1st day of November, 2007; (f) two thousand seven hundred and eighty-five rupees per month in respect of an employee, other than a permanent part time employee, where the employee retired on or after 1st day of November, 2012 and nine hundred and thirty-two rupees per month in respect of such employee drawing one third of scale wages, one thousand three hundred and ninety-seven rupees per month in respect of such employee drawing one half of scale wages and two thousand and ninety-six rupees per month in respect of such employee drawing three fourth of scale wages, where the employee retired on or after the 1st day of November, 2012. ### 35. Dearness relief. (1) Dearness relief shall be granted on basic pension or family pension or invalid pension or on compassionate allowance in accordance with the rates specified in Form II. (2) Dearness relief shall be allowed on full basic pension even after commutation. ### 36. Determination of the period of ten months for average emoluments. (1) The period of the preceding ten months for the purpose of average emoluments shall be reckoned from the date of retirement. (2) In the case of voluntary retirement or premature retirement, the period of the preceding ten months for the purpose of average emoluments shall be reckoned from the date on which the employee voluntarily retires or is prematurely retired by the Bank in public interest or for any other reasons to be recorded in writing. (3) In the case of dismissal or removal or compulsory retirement or termination of service, the period of the preceding ten months for the purpose of average emoluments shall be reckoned from the date on which the employee is dismissed or removed or compulsorily retired or terminated by the Bank. (4) If during the last ten months of the service, an employee had been absent from duty on extraordinary leave on loss of pay or had been under suspension and the period whereof does not count as service, the aforesaid period of extraordinary leave or suspension shall not be taken into account in the calculation of the average emoluments and equal period before the ten months shall be included. Chapter VII Family Pension ------------------------------- ### 37. Family pension. (1) Notwithstanding the provisions contained in regulation 13, where an employee dies - (a) after completion of one year of continuous service; or (b) before completion of one year of continuous service, provided the deceased employee concerned immediately prior to his appointment to the service or post was examined by a medical officer approved by the Bank and declared fit for employment in the Bank; or (c) after retirement from service and was on the date of his death, in receipt of a pension, or compassionate allowance, the family of the deceased shall be entitled to family pension, the amount of which shall be determined in accordance with Form III: Provided that in respect of an employee who was in the service of the Bank on or after the 1st day of September, 1987 and had died while in service on or before the 31st day of October, 1987 or retired on or before 31st day of October, 1987 but died later, the family of the deceased shall, subject to exercising the option to become a member of the Fund under these regulations and refunding the amount in accordance with regulation 3, shall, subject to other provisions of these regulations, be entitled to additional family pension, the amount of which shall be determined in accordance with Form V. (2) The amount of pension shall be fixed at monthly rates and be expressed in whole rupees and where the pension contains a fraction of a rupee, it shall be rounded off to the next higher rupee: Provided that in no case a pension in excess of the maximum prescribed under these regulations shall be allowed. (3) (a) Where an employee, who is not governed by the Workmen's Compensation Act, 1923 ( 8 of 1923 ). - (i) dies while in service after having rendered not less than seven years' continuous service, the rate of family pension payable to the family shall be equal to fifty per cent of the pay last drawn or twice the family pension admissible under sub-regulation (1), whichever is less, and the amount so admissible shall be payable from the date following the date of death of the employee for a period of seven years or for a period upto the date on which the deceased employee would have attained the age of sixty-five years had he survived, whichever is less; and (ii) dies after retirement, the family pension as determined under sub-clause (i) shall be payable for a period of seven years or for a period upto the date on which the retired deceased employee would have attained the age of sixty-five years had he survived, whichever is less: Provided that in no case the amount of family pension determined under sub-clauses (i) and (ii) shall exceed the pension payable on retirement of such employee from the Bank. (b) Where an employee, who is governed by the Workmen's Compensation Act, 1923 ( 8 of 1923 ), dies while in service after having rendered not less than seven years' continuous service, the rate of family pension payable to the family shall be equal to fifty per cent of the pay last drawn or one and half times the family pension admissible under sub-regulation (1) , whichever is less and the pension so determined shall be payable for a period of seven years or for a period upto the date on which the deceased employee would have attained the age of sixty-five years had he survived, whichever is less. (c) After the expiry of the period referred to in clauses (a) and (b), the family, in receipt of family pension under these clauses shall be entitled to family pension at the rate admissible under sub-regulation (1). ### 38. Payment of family pension. (1) The period for which family pension is payable shall be - (a) in case of a childless widow, for life or till her independent income from all sources become equal to two thousand five hundred and fifty rupees or more; (b) in the case of a widow with children or a widower, upto the date of death or remarriage, whichever is earlier; (c) in the case of a son or daughter (including widowed or divorced daughter), till such son or daughter attains the age of twenty-five years or upto the date of marriage of the son or daughter or remarriage of the daughter, whichever is earlier: Provided that the family pension payable to the son or daughter (including widowed or divorced daughter) shall be discontinued or not be admissible when the eligible son or daughter starts earning a sum in excess of two thousand five hundred and fifty rupees per month from any source: Provided further that an unmarried, widowed or divorced daughter who is not married or remarried even after the age of twenty-five years shall be eligible for family pension if there is no other family member or if her income from any source exceeds two thousand five hundred fifty per month. (d) in the case of an unmarried son or daughter of an employee suffering from any disorder or disability of mind or who is physically crippled or disabled so as to render him or her unable to earn a living even after attaining the age of twenty-five years, the family pension shall be payable to such son or daughter for life subject to condition that there is no other eligible family member: Provided that - (i) if such son or daughter is one among two or more living children of the employee, the family pension shall be initially payable to the minor children in the order set out in sub-regulation (3) until the last minor child attains the age of twenty-five years and thereafter the family pension shall be resumed in favour of the son or daughter suffering from disorder or disability of mind or who is physically crippled or disabled and shall be payable to him or her for life; (ii) if there are more than one such children suffering from disorder or disability of mind or who are physically crippled or disabled, the family pension shall be paid in the order of their birth and the younger of them will get the family pension only after the elder next above him or her ceases to be eligible and if the family pension is payable to twin children, it shall be paid in the manner set out in sub-regulation 4; (iii) the family pension shall be paid to such son or daughter through the guardian as if he or she were a minor except in the case of a physically crippled son or daughter who has attained the age of majority; (iv) before allowing the family pension for life to any such son or daughter, the competent authority shall satisfy that the handicap is of such a nature as to prevent him or her from earning his or her livelihood and the same shall be evidenced by a certificate obtained from a medical officer approved by the Bank, setting out, as far as possible, the exact mental or physical condition of the child; (v) the person receiving the family pension as guardian of such son or daughter or such son or daughter not receiving the family pension through a guardian shall produce every three years, a certificate from a medical officer approved by the Bank, to the effect that he or she continues to suffer from disorder or disability of mind or continues to be physically crippled or disabled; (vi) if such son or daughter starts earning a sum in excess of two thousand five hundred and fifty rupees per month and in such cases, it shall be the duty of the guardian or the son or daughter to furnish a certificate to the Bank every month that he or she has not started earning his or her livelihood or in case of daughter, that she has not yet married; (e) in the case of parents, the family pension payable shall be discontinued or not be admissible if the income of one of the parents or the aggregate income of both the parents from any source exceeds two thousand five hundred and fifty rupees per month: Provided that the family pension shall be payable first to the mother and after her death, to the father. (2) If a deceased employee or a pensioner leaves behind a widow or widower, the family pension shall become payable to the widow or widower, failing which to the eligible child or failing which, to the eligible parents. (3) Family pension to the children shall be payable in the order of their birth and the younger of them shall not be eligible for family pension unless the elder next above him or her has become ineligible for the grant of family pension. (4) Where the family pension is payable to twin children, it shall be paid to such children in equal shares: Provided that where one such child ceases to be eligible, his or her share shall revert to the other child and where both of them cease to be eligible, the family pension shall be payable to the next eligible single child or twin children, as the case may be. (5) Where family pension is granted under this regulation to a minor, it shall be payable to the guardian on behalf of the minor. (6) In case both wife and husband are employees of the Bank and are governed by the provisions of this regulation and one of them dies while in service or after retirement, the family pension in respect of the deceased shall be payable to the surviving husband or wife and in the event of death of the husband or wife, the surviving child or children shall be granted the two family pensions in respect of the deceased parents, subject to the limits specified below, namely:- (a) if the surviving child or children is or are eligible to draw two family pensions at the rates mentioned in sub-clause (i) of clause (a) and clause (b) of sub-regulation (3) of regulation 37, the amount of both pension shall be limited to¹ (i) two thousand five hundred rupees per mensem in respect of an employee who retired or died while in service prior to the 1st day of November, 1992; (ii) four thousand eight hundred rupees per mensem in respect of an employee who retired or died after the 1st day of November, 1992 (in the case of employee other than officer) or on or after 1st day of July, 1993 (in the case of an officer); and (iii) six thousand seven hundred and fifty-six rupees per mensem in respect of an employee, who retired or died on or after 1st day of April, 1998; (iv) nine thousand five hundred and sixty-five rupees per mensem in respect of an employee, who retired or died on or after 1st day of May, 2005; (v) eleven thousand eight hundred and fifty-six rupees per mensem in respect of an employee, who retired or died on or after 1st day of November 2007; (b) if one of the family pensions ceases to be payable at the rates mentioned in sub clause (i) of clause (a) or clause (b) of sub-regulation (3) of regulation 37 and in lieu thereof the family pension at the rate mentioned in sub-regulation (1) of regulation 37 becomes payable, the amount of both the pension shall also be limited to- (i) two thousand five hundred rupees per mensem in respect of an employee who retired or died while in service prior to the 1st day of November, 1992 (in the case of an employee other than an officer) or prior to 1st day of July, 1993 (in the case of an officer); (ii) four thousand eight hundred rupees per mensem in respect of an employee who retired or died on or after the 1st day of November, 1992 (in case of an employee other than an officer) or on or after 1st day of July, 1993 (in the case of an officer); and (iii) six thousand seven hundred and fifty six rupees per mensem in respect of an employee, who retired or died on or after 1st day of April, 1998: (iv) nine thousand five hundred and sixty-five rupees per mensem in respect of an employee, who retired or died on or after 1st day of May, 2005; (v) eleven thousand eight hundred and fifty-six rupees per mensem in respect of an employee, who retired or died on or after 1st day of November, 2007; (c) if both the family pensions are payable at the rate mentioned in sub-regulation (1) of regulation 37, amount of the two pensions shall be limited to- (i) one thousand two hundred and fifty rupees per mensem in the case of an employee who retired or died while in service prior to the 1st day of November, 1992 (in the case of an employee other than an officer) or 1st day of July, 1993(in the case of an officer); (ii) two thousand four hundred rupees per mensem in respect of an employee who retired or died on or after the 1st day of November, 1992 (in the case of an employee other than an officer) or on or after 1st day of July, 1993 (in the case of an officer); and (iii) three thousand three hundred and seventy-eight rupees in respect of an employee who retired or died on or after 1st day of April, 1998; (iv) four thousand seven hundred and eighty-three rupees per mensem in respect of an employee who retired or died on or after 1st day of May, 2005; (v) five thousand nine hundred and twenty-eight rupees per mensem in respect of an employee who retired or died on or after 1st day of November, 2007. (d) (i) Where family pension is payable to more widows than one, the family pension shall be paid to the widows in equal shares. (ii) On the death of a widow, her share of the family pension shall become payable to her eligible child: Provided that if the widow is not survived by any child, her share of the family pension shall not lapse but shall be payable to the other widows in equal shares, or if there is only one such other widow, in full, to her. (iii) Where the deceased employee or pensioner is survived by a widow but has left behind eligible child or children from another wife who is not alive, the eligible child or children shall be entitled to the share of family pension which the mother would have received if she had been alive at the time of the death of the employee or pensioner: Provided that on the share or shares of family pension payable to such a child or children or to a widow or widows ceasing to be payable, such share or shares shall not lapse, but shall be payable to the other widow or widows or to the other child or children otherwise eligible, in equal shares, or if there is only one widow or child, in full, to such widow or child. (iv) Where the deceased employee or pensioner is survived by a widow but has left behind eligible child or children from a divorced wife or wives, such eligible child or children shall be entitled to the share of family pension which the mother would have received at the time of death of the employee or pensioner had she not been so divorced: Provided that on the share or shares of family pension payable to such a child or children or to a widow ceasing to be payable, such share or shares, shall not lapse, but shall be payable to the other widow or widows or to the other child or children otherwise eligible, in equal shares, or if there is only one widow or child, in full, to such widow or child. (7) Where an employee dies leaving behind a judicially separated spouse with no child or children, the family pension in respect of the deceased shall be payable to the person surviving if such spouse is not remarried: Provided that where the judicial separation is granted on the ground of adultery and the death of the employee takes place during the period of such judicial separation, the family pension shall not be payable to the person surviving if such person surviving was held guilty of committing adultery. (8) (a) Where an employee dies leaving behind a judicially separated spouse with a child or children, the family pension payable in respect of the deceased shall be payable to the surviving spouse provided he or she is the guardian of such child or children. (b) Where the surviving person has ceased to be the guardian of such child or children, such family pension shall be payable to the person who is the actual guardian of such child or children. (9) If the son or unmarried daughter eligible for the grant of family pension has attained the age of eighteen years, the family pension may be paid to such son or unmarried daughter directly. (10) (a) If a person who, in the event of death of an employee while in service, is eligible to receive family pension under these regulations, is charged with the offence of murdering the employee or for abetting in the commission of such an offence, the claim of such a person, including other eligible member or members of the family to receive the family pension, shall remain suspended till the conclusion of the criminal proceeding instituted against him. (b) If on the conclusion of the criminal proceedings referred to in clause (a), the person concerned, - (i) is convicted for the murder or abetting in the murder of the employee, such a person shall be debarred from receiving the family pension which shall be payable to the other eligible member of the family, from the date of death of the employee; (ii) is acquitted of the charge of murder or abetting in the murder of the employee, the family pension shall be payable to such a person from the date of death of the employee. (c) The provisions of sub-clauses (a) and (b) shall also apply for the family pension becoming payable on the death of an employee after his retirement. Chapter VIII Commutation ----------------------------- ### 39. Commutation. (1) An employee shall be entitled to commute for a lump sum payment of a fraction not exceeding one-third of his pension: Provided that in respect of an employee who was in service before the effective date but died after his retirement before the notified date, the family of such employee shall also be entitled to commute for a lump sum payment a fraction not exceeding one-third of the pension admissible to the employee. (2) An employee shall indicate the fraction of pension, which he desires to commute, and may either indicate the maximum limit of one-third pension or such lower limit, as he may desire to commute. (3) If fraction of pension to be commuted results in fraction of rupee, such fraction of a rupee shall be ignored for the purpose of commutation. (4) The lump sum payable to an applicant shall be calculated in accordance with the Table given below: Commutation values for a pension of one rupee per annum | | | | | | --- | --- | --- | --- | | Age next birthday | Commutation value expressed as number of year's purchase | Age next birthday | Commutation value expressed as number of year's purchase | | (1) | (2) | (3) | (4) | | 17 | 19.28 | 35 | 16.92 | | 18 | 19.20 | 36 | 16.72 | | 19 | 19.11 | 37 | 16.52 | | 20 | 19.01 | 38 | 16.31 | | 21 | 18.91 | 39 | 16.09 | | 22 | 18.81 | 40 | 15.87 | | 23 | 18.70 | 41 | 15.64 | | 24 | 18.59 | 42 | 15.40 | | 25 | 18.47 | 43 | 15.15 | | 26 | 18.34 | 44 | 14.90 | | 27 | 18.21 | 45 | 14.64 | | 28 | 18.07 | 46 | 14.37 | | 29 | 17.93 | 47 | 14.10 | | 30 | 17.78 | 48 | 13.82 | | 31 | 17.62 | 49 | 13.54 | | 32 | 17.46 | 50 | 13.25 | | 33 | 17.29 | 51 | 12.95 | | 34 | 17.11 | 52 | 12.66 | | 53 | 12.35 | 69 | 7.22 | | 54 | 12.05 | 70 | 6.91 | | 55 | 11.73 | 71 | 6.60 | | 56 | 11.42 | 72 | 6.30 | | 57 | 11.10 | 73 | 6.01 | | 58 | 10.78 | 74 | 5.72 | | 59 | 10.46 | 75 | 5.44 | | 60 | 10.13 | 76 | 5.17 | | 61 | 9.81 | 77 | 4.90 | | 62 | 9.48 | 78 | 4.65 | | 63 | 9.15 | 79 | 4.40 | | 64 | 8.82 | 80 | 4.17 | | 65 | 8.50 | 81 | 3.94 | | 66 | 8.17 | 82 | 3.72 | | 67 | 7.85 | 83 | 3.52 | | 68 | 7.53 | 84 | 3.32 | | | | 85 | 3.13 | Notes: 1. The table above indicates the commuted value of pension expressed as number of years' purchase with reference to the age of the pensioner as on his next birthday. ### 2. The commuted value in the case of an employee retiring at the age of fifty eight years is 10.46 years' purchase and, therefore, if he commutes rupees one hundred from his pension within one year of retirement, the lump sum amount payable to him works out to Rs.100 X 10.46 X 12 = Rs. 12,552. (5) An employee who had commuted the admissible portion of pension is entitled to have the commuted portion of the pension restored after the expiry of a period of fifteen years from the date of commutation. (6) An applicant who is authorised a superannuation pension, voluntary retirement pension, premature retirement pension, compulsory retirement pension, invalid pension or compassionate allowance shall be eligible to commute a fraction of his pension under these regulations: Provided that on and from 1st July, 2003, an applicant in whose case the commuted value of pension becomes payable on the day following the date of retirement or from the date from which commutation becomes absolute, the reduction in the amount of pension on account of commutation shall become operative from its inception and where payment of commuted value of pension could not be made within the first month after the date of retirement or within the first month after the date when the commutation becomes absolute, the difference between the normal monthly pension and the commuted pension shall be paid for the period between the date on which commutation becomes absolute and the difference between the monthly pension and the commuted pension shall be paid for the period between the date following the date of retirement or the date when the commutation becomes absolute and the date preceding the date on which commuted value of pension is deemed to have been paid. (7) In the case of a pensioner eligible for superannuation pension or pension on voluntary retirement or premature retirement pension, no medical examination shall be necessary if the application for commutation is made within one year from the date of retirement and where such a pensioner applies for commutation of pension after one year from the date of his retirement, the same will be permitted subject to medical examination: Provided that in the case of an applicant who is in receipt of a provisional pension under regulation 44 and for whom pension in whole or in part on the finalisation of the departmental or judicial proceedings has been authorised, the period of one year referred to in this sub-regulation shall reckon from the date of issue of the orders consequent upon the finalisation of the departmental or judicial proceedings. (8) An applicant who - (i) retires on invalid pension under regulation 28; or (ii) is in receipt of compassionate allowance under regulation 29; or (iii) is compulsorily retired by the Bank and is eligible for compulsory retirement pension under regulation 31, shall be eligible to commute a fraction of his pension subject to the limit specified in sub-regulation (1) , after he has been declared fit by a medical officer approved by the Bank. (9) The commutation of pension shall be become absolute in the case of an employee- (i) retiring on superannuation or on voluntary retirement who submits an application for commutation of pension before the date of retirement, on the date following the date or retirement: Provided that the employee governed by sub-regulation (3) of regulation 27 shall not apply for commutation of a part of his pension before the expiry of the notice of three months and the commutation of pension shall become absolute only on the expiry of the period of notice referred to in sub-regulation (1) of regulation 27; (ii) retiring on superannuation or on voluntary retirement or on premature retirement, if he applied for commutation of pension after the date of retirement but before the completion of one year from the date of retirement, on the date the application for commutation is received by the competent authority; (iii) retiring on superannuation or on voluntary retirement or on premature retirement, if he applies for commutation of pension after one year from the date of retirement, on the date of the medical certificate given by medical officer approved by the Bank; (iv) who was in service between 1st September, 1987 and 31st March, 2010 and retired on or before 31st March, 2018 and who opts to become a member of the Fund under these regulations, on the 1st day of April, 2018, where the application of commutation is made in Form VI within one year from the date of retirement and Form VII and Form VIII in all other cases, within the period specified in sub-regulation (1) of regulation 3;. (v) who was in the service of the bank on or after the 1st day of April, 2018, but who retired prior to the publication of these regulations, on the day immediately following the date of his retirement, where the application is made in Form VI within the period specified in sub-regulation (1) of regulation 3; (vi) who retired on or after the 1st day of April, 2018, but died prior to the notified date, on the day immediately following the date of his retirement, where the application for commutation is made within one year from the date of his death by the family of the deceased in Form VI, within the period specified in sub-regulation (1) of regulation 3; (vii) in respect of whom invalid pension under regulation 28 or compassionate allowance under regulation 29 or compulsory retirement pension under regulation 31 is admissible commutation shall become absolute on the date of the medical certificate given by medical officer approved by Bank. Chapter IX General Conditions ---------------------------------- ### 40. Pension subject to future good conduct. - Future good conduct shall be an implied condition of every grant of pension and its continuance under these regulations. ### 41. Withholding or withdrawal of pension. - The competent authority may, by order in writing, withhold or withdraw a pension or a part thereof, whether permanently or for a specified period, if the pensioner is convicted of a serious crime or criminal breach of trust or forgery or acting fraudulently or is found guilty of grave misconduct: Provided that where part of pension is withheld or withdrawn, the amount of such pension shall not be reduced below the minimum pension per mensem payable under these regulations. ### 42. Conviction by court. - Where a pensioner is convicted of a serious crime by a court, action shall be taken in the light of the judgment of the court relating to such conviction. ### 43. Pensioner guilty of grave misconduct. - In a case not falling under regulation 42, if the competent authority considers that the pensioner is prima facie guilty of grave misconduct, it shall, before passing an order, follow the procedure specified in the Service Regulations. ### 44. Provisional pension. (1) An employee who has retired on attaining the age of superannuation or otherwise and against whom any departmental or judicial proceedings are instituted or where departmental proceedings are continued, a provisional pension, equal to the maximum pension which would have been admissible to him, would be allowed subject to adjustment against final retirement benefits sanctioned to him, upon conclusion of the proceedings but no recovery shall be made where the pension finally sanctioned is less than the provisional pension or the pension is reduced or withheld, either permanently or for a specified period. (2) In cases referred to in sub-regulation (1), the gratuity shall be paid to the employee and only on conclusion of the proceedings and any recoveries to be made from an employee shall be adjusted against the amount of gratuity payable. Explanation. - in this Chapter, - (a) "serious crime" includes a crime involving an offence under the Official Secrets Act, 1923 ( 19 of 1923 ); (b) "grave misconduct" includes the communication or disclosure of any secret official code or password or any sketch, plan, model, article, note, documents or information, such as is mentioned in section 5 of the Official Secrets Act, 1923 ( 19 of 1923 ) which was obtained while holding office in the Bank so as to prejudicially affect the interests of the general public or the security of the State; (c) "fraud" shall have the meaning assigned to it under section 25 of the Indian Penal Code, 1860 (45 of 1860); (d) "criminal breach of trust" shall have the meaning assigned to it under section 405 of the Indian Penal Code, 1860 (45 of 1860); (e) "forgery" shall have the meaning assigned to it under section 463 of the Indian Penal Code, 1860 (45 of 1860). ### 45. Commutation of pension during departmental or judicial proceedings. - An employee against whom departmental or judicial proceedings have been instituted before the date of his retirement shall not be eligible to commute a fraction of his provisional pension under these regulations during the pendency of such proceedings. ### 46. Recovery of pecuniary loss caused to the Bank. (1) The competent authority may withhold or withdraw a pension or a part there of, whether permanently or for a specified period, and order recovery from pension of the whole or part of any pecuniary loss caused to the Bank if in any departmental or judicial proceedings the pensioner is found guilty of grave misconduct or negligence or criminal breach of trust or forgery or acts done fraudulently during the period of his service: Provided that before passing any final orders under this sub-regulation, the Board shall be consulted: Provided further that where a part of pension is withheld or withdrawn the amount of pension drawn by a pensioner shall not be less than the minimum pension payable under these regulations: Provided also that departmental proceedings, if instituted while the employee was in service, shall, after the retirement of the employee, be deemed to be the proceedings under these regulations and shall be continued and concluded by the authority by which they were commenced in the same manner as if the employee had continued service. (2) No departmental proceedings shall be initiated in respect of an event if more than four years time lapsed after the event: Provided that the disciplinary proceedings initiated under this sub-regulation shall be in accordance with the procedure applicable to disciplinary proceedings in relation to the employee during the period of his service. (3) Where the competent authority orders recovery of pecuniary loss from the pension, the recovery shall not ordinarily be made at a rate exceeding one third of the pension admissible on the date of retirement of the employee. ### 47. Recovery of Bank's dues. - The Bank shall be entitled to recover the dues to the Bank on account of housing loans, advances license fees, other recoveries and recoveries due to staff co-operative credit society from the commutation value of the pension or the pension or the family pension. ### 48. Commercial employment after retirement. (1) A pensioner who immediately before his retirement was holding the post of an officer who wishes to accept any commercial employment before the expiry of one year from the date of his retirement, shall obtain the previous sanction of the Bank before such acceptance and subject to the provision of sub-regulation (2), the Bank may, by order in writing, grant permission subject to such conditions as it may deem necessary or refuse permission, for reasons to be recorded in writing. (2) In granting or refusing permission under sub-regulation (1) to a pensioner for taking up any commercial employment, the Bank shall have regard to the following factors, namely:- (a) the nature of the employment proposed to be taken up and the antecedents of the employer; (b) whether his duties in the employment which he proposes to take up might be such as to bring him into conflict with the Bank; (c) whether the pensioner while in service had any such dealing with the employer under whom he proposes to seek employment as it might afford a reasonable basis for the suspicion that such pensioner had shown favours to such employer; (d) whether the duties of the commercial employment proposed involve liaison or contract work with Bank; (e) whether his commercial duties will be such that his previous official position or knowledge or experience under Bank could be used to give the proposed employer an unfair advantage; (f) the emoluments offered by the proposed employer; and (g) any other relevant factor. (3) Where within a period of sixty days of the date of receipt of an application under sub-regulation (2), the Bank does not communicate the grant or refusal of permission to the applicant, the applicant shall be deemed to have been granted the permission: Provided that in any case where defective or insufficient information is furnished by the applicant and it becomes necessary for the Bank to seek further clarifications or information from him, the period of sixty days shall be counted from the date on which the defects have been removed or complete information has been furnished by the applicant. (4) Where the Bank grants the permission applied for subject to any conditions or refuses such permission, the applicant may, within thirty days of the receipt of the order of the Bank to that effect, make a representation against any such condition or refusal and the Bank may make such orders thereon as it deems fit: Provided that no order shall be made under this sub-regulation without giving the pensioner making the representation an opportunity to show cause against the order proposed to be made. (5) If any pensioner takes up any commercial employment at any time before the expiry of one year from the date of his retirement without the prior permission of the Bank or commits a breach of any condition for such permission, it shall be competent for the Bank to declare by order in writing and for reasons to be recorded therein that he shall not be entitled to the whole or such part of the pension and for such periods as may be specified in the order: Provided that no such order shall be made without giving the pensioner concerned an opportunity of show cause against the order proposed to be made: Provided further that in making any order under this sub-regulation, the Bank shall have regard to the following factors, namely:- (i) the financial circumstances of the pensioner concerned; (ii) the nature of, and the emoluments from, the commercial employment taken up by the pensioner concerned, and; (iii) any other relevant factor. (6) Every order passed by the Bank under this regulation shall be communicated to the pensioner concerned. (7) In this regulation, the expression "commercial employment" means - (i) an employment in any capacity including that of an agent, under a company (including a banking company), co-operative society, firm or individual engaged in trading, commercial industrial, financial or professional business and includes also a directorship of such company (including a banking company), and partnership of such firm but does not include employment under a body corporate, wholly or substantially owned or controlled by the Central Government or a State Government; (ii) setting up practice, either independently or as a partner of a firm, as advisor or consultant in matters in respect of which the pensioner - (A) has no professional qualifications and the matters in respect of which the practice is to be set up or is carried on are relatable to his official knowledge or experience, or (B) has professional qualifications and the matters in respect of which the practice is to be set up are such as are likely to give his clients an unfair advantage by reason of his previous official position, or (C) has to undertake work involving liaisons or contact with the offices or officers of the Bank. Explanation. - For the purpose of this clause, the expression "employment under a cooperative society" includes the holding of any office, whether elective or otherwise, such as that of President, Chairman, Manager, Secretary, Treasurer and the like, by whatever name called in such society. ### 49. Nomination. (1) The trust shall allow every employee governed by these regulations to make a nomination conferring on one or more persons the right to receive the amount of pension benefits under these regulations in the event of his death before that amount becomes payable or, having become payable, has not been paid and such nomination shall be made in such form as may be specified by the Bank from time to time. (2) If any employee nominates more than one person under sub-regulation (1), he shall, in his nomination, specify the amount or share payable to each of the nominees in such a manner as to cover the whole of the amount of the pension benefits that may be payable in the event of his death. (3) A nomination made by an employee may, at any time, be modified or revoked by him after giving a written notice to the trust of his intention of doing so in such form as the Bank may from time to time specify. (4) A nomination or its revocation or its modification shall take effect to the extent it is valid on the date on which it is revised by the trust. ### 50. Date from which pension becomes payable. (1) Except in the case of an employee to whom the provisions of regulation 41 and regulation 44 apply, pension other than the family pension shall become payable from the effective date or, as the case may be, from the date following the date of retirement, whichever is later, if the employee has exercised his option to become a member of the Fund and refunded the entire amount of Bank's contribution within the time stipulated under these regulations. (2) Except in the case of an employee to whom the provisions of regulation 41 and regulation 44 apply, family pension shall become payable from the effective date or, as the case may be, from the date following the date of death of the employee, whichever is later, if the family of the deceased employee has exercised the option to become member of the Fund and refunded the entire amount of Bank's contribution within the time stipulated under these regulations. ### 51. Currency in which pension is payable. - All pension admissible under these regulations shall be payable in rupees in India only. ### 52. Manner of payment of pension. - A pension fixed at a monthly rate shall be payable monthly on or after the first day of the following month. ### 53. Power to issue instructions. - The Chairman of the Bank, with the approval of the Board may from time to time issue instructions, as may be considered necessary or expedient for the implementation of these regulations. ### 54. Residuary provisions. - In case of doubt, in the matter of application of these regulations, regard may be had to the corresponding provisions of Central Civil Services Rules, 1972 or Central Civil Services (Commutation of Pension) Rules, 1981 applicable for Central Government employees with such exceptions and modifications as the Bank, after consultation with Bank Of Baroda being the Sponsor Bank and the National Bank and with the previous sanction of the Central Government, may from time to time, determine. Form – I [See regulation 33(1) ] Updation of Basic Pension and Additional Pension ### 1. The formula of updating basic pension and additional pension in respect of employees who retired during the period between 1st day of September, 1987 and 31st October, 1987 shall be as under: | | | | | | | --- | --- | --- | --- | --- | | (A) | (a) | 50 per cent of first Rs.1000 of the average emoluments reckonable for pension | Rs.------------------- | | | | (b) | 45 per cent of next Rs.500 | Rs.------------------- | | | | (c) | 40 per cent of the average emoluments reckonable for pension exceeding Rs.1500 | Rs.------------------- | | | | | Total (a+b+c) | Rs.------------------- | | | (B) | | 50 per cent of the average monthly emoluments for the last 10 months in service prior to retirement | Rs.------------------- | | | (C) | | Dearness Relief at index number 600 in the All India Average Consumer Price Index for Industrial Workers in the series 1960=100, on basic pension calculated at (A) above, | Rs.------------------- | | | (D) | | Total basic pension =(B) + (C) X Number of years of qualifyingservice (Maximum 33 years) 33 | Rs.------------------- | | | (E) | | Basic pension as on 1.4. 2018 (Rounded off to the next higher rupee) | Rs.------------------- | | ### 2. Special allowances to the extent of the amount ranking for making contributions to the Provident Fund corresponding to the special allowances drawn at the time of retirement shall be reckoned for the purpose of additional pension. ### 3. Rates of dearness relief worked out at index number 600 in the All India Average Consumer Price Index for Industrial Workers in the series 1960=100 for all classes of employees who retired during the period between 1st day of September, 1987 and 31st October, 1987: | | | | | | --- | --- | --- | --- | | (a) | Employees in subordinate staff cadre | : | 80.40 per cent of pension calculated at 1(A) above. | | (b) | Employees in clerical staff cadre drawing pension up to Rs.756 per month | : | 67 per cent of pension calculated at 1(A) above. | | (c) | Employees in clerical staff cadre drawing pension of Rs.757 per month and above will be eligible for dearness relief as under: | | | | | | --- | | Table | | Sl. No. | Amount of basic pension drawn (Rs.) | | The amount of dearness relief per month admissible (Rs.) | | (1) | (2) | | (3) | | 1. | 757-796 | | 508.00 | | 2. | 797-804 | | 534.00 | | 3. | 805-824 | | 540.00 | | 4. | 825-844 | | 553.00 | | 5. | 845-864 | | 567.00 | | 6. | 865-884 | | 580.00 | | 7. | 885-904 | | 593.00 | | 8. | 905-924 | | 607.00 | | 9. | 925-944 | | 620.00 | | 10. | 945-964 | | 634.00 | | 11. | 965-984 | | 647.00 | | 12. | 985-1004 | | 660.00 | | 13. | 1005-1024 | | 674.00 | | 14. | 1025-1044 | | 687.00 | | 15. | 1045-1064 | | 701.00 | | 16. | 1065-1085 | | 714.00 | | 17. | 1086 & above | | 727.00 | (d) Employees in officer cadre shall be eligible for dearness relief as under: | | | --- | | Table | | (1) | (2) | | (3) | | (i) | For those drawing basic pension Up to Rs.765 per month | : | 66 per cent of the amount of Pension calculated at 1(A) above subject to a maximum of Rs.500 | | (ii) | For those drawing basic pension From Rs.766 to Rs.1165 per month | : | Rs.500 | | (iii) | For those drawing basic pension of Rs.1166 per month or above | : | 42.90 per cent of amount of pension calculated as at 1(A) above Subject to a maximum of Rs.715 | Form-II [See regulation 35(1) ] Dearness Relief On Pension Dearness relief on basic pension shall be as under: (1) In the case of employees who retired on or after the 1st day of September, 1987, but before the 1st day of November, 1992 for workmen cadre and before the 1st of July 1993 for officers cadre, dearness relief shall be payable for every rise or be recoverable for every fall, as the case may be, of every 4 points over 600 points in the quarterly average of the all India Average Consumer Price Index for Industrial Workers in the series 1960 = 100 and such increase or decrease in dearness relief for every said four points shall be calculated in the manner given below: Table | | | | | --- | --- | --- | | Sl. No. | Scale of basic pension per month | The rate of dearness relief as a percentage of basic pension | | (1) | (2) | (3) | | (i) | Up to Rs.1250 | 0.67 per cent. | | (ii) | Rs.1251 to Rs. 2000 | 0.67 per cent of Rs.1250 plus 0.55 per cent of basic pension in excess of Rs.1250. | | (iii) | Rs.2001 to Rs.2130 | 0.67 per cent of Rs.1250 plus 0.55 per cent of the difference between Rs.2000 and Rs.1250 plus 0.33 per cent of basic pension in excess of Rs.2000. | | (iv) | Above Rs.2130 | 0.67 per cent of Rs.1250 plus 0.55 per cent of the difference betweenRs.2000 and Rs.1250 plus 0.33 per cent of the difference betweenRs.2130 & Rs. 2000 Plus 0.17 per cent of basic pension in excess ofRs.2130. | (2) In the case of employees in workmen cadre who retired on or after 1st day of November, 1992; and in the case of employees in the officers cadre who retire on or after the 1st day of July 2013 but before the first day of April 1998, dearness relief shall be payable for every rise or be recoverable for every fall, as the case may be, of every 4 points over 1148 points in the quarterly average of All India Average Consumer Price Index for Industrial workers in the series 1960=100 and such increase or decrease in dearness relief for every said four points shall be calculated in the manner given below: | | | | | --- | --- | --- | | Sl. No. | Scale of basic pension per month | The rate of dearness relief as a percentage of basic pension | | (1) | (2) | (3) | | (i) | (i) Up to Rs.2400 | 0.35 per cent. | | (ii) | (ii) Rs.2401 to Rs.3850 | 0.35 per cent of Rs.2400 plus 0.29 per cent of basic pension in excess of Rs.2400. | | (iii) | (iii) Rs.3851 to Rs.4100 | 0.35 per cent of Rs.2400 plus 0.29 per cent .of the difference between Rs.3850 and Rs.2400 plus 0.17 per cent of basic pension in excess of Rs.3850. | | (iv) | (iv) Above Rs.4100 | 0.35 per cent of Rs.2400 plus 0.29 per cent of the difference between Rs.3850 and Rs.2400 plus 0.17 per cent of the difference between Rs.4100 and Rs.3850 plus 0.09 per cent of basic pension in excess of Rs.4100. | (3) In case of employees who retire on or after 1st day of April 1998 but on or before the 31st October 2002, dearness relief shall be payable for every rise or be recoverable for every fall, as the case may be, of every 4 points over 1684 points in the quarterly average of the All India Average Consumer Price Index for Industrial Workers in the series 1960=100 and such increase or decrease in dearness relief for every said four points shall be calculated in the manner given below : | | | | | --- | --- | --- | | Sl.No. | Scale of Basic Pension per month | The rate of dearness relief as a percentage of basic pension | | 1 | 2 | 3 | | (i) | Upto Rs.3550 | 0.24 per cent | | (ii) | Rs.3551 to Rs.5650 | 0.24 per cent of Rs.3550 plus 0.20 per cent of the basic pension in excess of Rs.3550 | | (iii) | Rs.5651 to Rs.6010 | 0.24 per cent of Rs.3550 plus 0.20 per cent of the difference between Rs.5650 and Rs.3550 plus 0.12 per cent of basic pension in excess of Rs.5650 | | (iv) | Above Rs.6010 | 0.24 per cent of Rs.3550 plus 0.20 per cent of the difference between Rs.5650 and Rs.3550 plus 0.12 per cent difference between Rs.6010 and Rs.5650 plus 0.06 per cent of basic pension in excess of Rs.6010 | (4) In respect of employees who retire on or after 1st day of November, 2002 but before the 31st October, 2007, dearness relief shall be payable for every rise or be recoverable for every fall, as the case may be, of every 4 points over 2288 points in the quarterly average of the All India Average Consumer Price Index for Industrial Workers in the series 1960=100, at the rate of 0.18 per cent of basic pension. (5) In respect of employees who retire on or after 1st day of November, 2007 but before the 1st day of November 2012, dearness relief shall be payable for every rise or be recoverable for every fall, as the case may be, of every 4 points over 2836 points in the quarterly average of the All India Average Consumer Price Index for Industrial Workers in the series 1960=100, at the rate of 0.15 per cent of basic pension. (6) In respect of employees who retire on or after 1st day of November, 2012, dearness relief shall be payable for every rise or be recoverable for every fall, as the case may be, of every 4 points over 4440 points in the quarterly average of the All India Average Consumer Price Index for Industrial Workers in the series 1960=100, at the rate of 0.10 per cent of basic pension. Note: 1. Dearness relief shall be payable for the half year commencing from the 1st day of February and ending with 31st day of July on the quarterly average of the index figures published for the months of October, November and December of the previous year and for the half year commencing from the 1st day of August and ending with the 31st day of January on the quarterly average of the index figures published for the months of April, May and June of the same year. ### 2. In the case of family pension, invalid pension, dearness relief shall be payable in accordance with the rates mentioned above. ### 3. Dearness relief will be allowed on full basic pension even after commutation. ### 4. Dearness relief is not payable on additional pension. ### 5. Pensioner whose basic pension is less than minimum pension but the aggregate of basic pension and additional pension is more than the minimum pension shall draw dearness relief as applicable to minimum pension Form III [See regulation 37(1) (c)] Ordinary Rates of Family Pension The ordinary rates of family pension shall be as under: (a) In respect of employees other than part-time employees, where the employee retired before 1st day of November, 1992. | | | | --- | --- | | Scale of pay per month (1) | Amount of monthly family pension (2) | | Upto Rs.1500 | 30 per cent of the pay shall be the basic family pension plus 30 per cent of allowances which are counted for making contributions to Provident Fund but not for dearness allowance shall be the additional family pension and the aggregate of basic and additional family pension shall not be less than Rs.375 per month. | | Rs.1501 to Rs.3000 | 20 per cent of the pay shall be the basic family pension plus 20 per cent of allowances which are counted for making contributions to Provident Fund but not dearness allowance shall be the additional family pension and the aggregate of basic and additional family pension shall not be less than Rs.450 per month. | | Above Rs.3000 | 15 per cent of the pay shall be the basic family pension plus 15 per cent of allowances which are counted for making contributions to Provident Fund but not for dearness allowance shall be the additional family pension and the aggregate of basic and additional family pension shall not be less than Rs.600 per month and not more than Rs.1250 per month. | (b) In respect of employees other than part-time employees, retired on or after the 1st day of November, 1992 but before the 1st day of November, 1997. | | | | --- | --- | | Scale of pay per month (1) | Amount of monthly family pension (2) | | Upto Rs.2870 | 30 per cent of the 'pay shall be the basic family pension plus 30 per cent of allowances which are counted for making contributions to Provident Fund but not for dearness allowance shall be the additional family pension and the aggregate of basic and additional family pension shall be subject to a minimum of Rs.720 per month. | | Rs.2871 to Rs.5740 | 20 per cent of the 'Pay' shall be the basic family pension plus 20 per cent of allowances which are counted for making contributions to Provident Fund but not for dearness allowance shall be the additional family pension and the aggregate of basic and additional family pension shall be subject to a minimum of Rs.860 per month. | | Above Rs.5740 | 15 per cent of the 'Pay' shall be the basic family pension plus 15 per cent of allowances which are counted for making contributions to Provident Fund but not for dearness allowance shall be the additional family pension and the aggregate of basic and additional family pension shall be subject to a minimum of Rs.1150 per month and a maximum of Rs.2400 per month. | (c) In respect of employees other than part-time employees retiring on or after 1st day of November, 1997 but before the 1st day of November, 2002 | | | | --- | --- | | Scale of pay per month (1) | Amount of monthly family pension (2) | | Upto Rs.4210 | 30 per cent of the pay shall be the basic family pension plus 30 per cent of allowances which are counted for making contributions to Provident Fund but not for dearness allowance shall be the additional family pension and the aggregate of basic and additional family pension shall not be less than Rs.1056 per month. | | Rs.4211 to Rs.8420 | 20 per cent of the pay shall be the basic family pension plus 20 per cent of allowances which are counted for making contributions to Provident Fund but not for dearness allowance shall be the additional family pension and the aggregate of basic and additional family pension shall not be less than Rs.1262 per month. | | Above Rs.8420 | 15 per cent of the pay shall be the basic family pension plus 15 per cent of allowances which are counted for making contributions to Provident Fund but not for dearness allowance shall be the additional family pension and the aggregate of basic and additional family pension shall not be less than Rs.1687 per month and a more than Rs.3521 per month. | (d) In respect of employees other than part-time employees retiring on or after the 1st day of November, 2002 but before the 1st day of November, 2007 | | | | --- | --- | | Scale of pay per month (1) | Amount of monthly family pension (2) | | Up to Rs.5720 | 30 per cent of the pay shall be the basic family pension plus 30 per cent of allowances which are counted for making contributions to Provident Fund but not for dearness allowance shall be the additional family pension and the aggregate of basic and additional family pension shall not be less than Rs.1435 per month. | | Rs.5721 to Rs.11440 | 20 per cent of the pay shall be the basic family pension plus 20 per cent of allowances which are counted for making contributions to Provident Fund but not for dearness allowance shall be the additional family pension and the aggregate of basic and additional family pension shall not be less than Rs.1715 per month. | | Above Rs.11440 | 15 per cent of the pay shall be the basic family pension plus 15 per cent of allowances which are counted for making contributions to Provident Fund but not for dearness allowance shall be the additional family pension and the aggregate of basic and additional family pension shall not be less than Rs.2292 per month and a more than Rs.4784 per month. | (e) In respect of employees other than part-time employees retiring on or after 1st day of November, 2007 but before the 1st day of November, 2012 | | | | --- | --- | | Scale of pay per month (1) | Amount of monthly family pension (2) | | Up to Rs7090 | 30 per cent of the pay shall be the basic family pension plus 30 per cent of allowances which are counted for making contributions to Provident Fund but not for dearness allowance shall be the additional family pension and the aggregate of basic and additional family pension shall not be less than Rs.1779 per month. | | Rs.7091 to Rs.14180 | 20 per cent of the pay shall be the basic family pension plus 20 per cent of allowances which are counted for making contributions to Provident Fund but not for dearness allowance shall be the additional family pension and the aggregate of basic and additional family pension shall not be less than Rs.2186 per month. | | Above Rs.14180 | 15 per cent of the pay shall be the basic family pension plus 15 per cent of allowances which are counted for making contributions to Provident Fund but not for dearness allowance shall be the additional family pension and the aggregate of basic and additional family pension shall not be less than Rs.2841 per month and a more than Rs.5930 per month. | (f) In respect of employees other than part-time employees retiring on or after 1st day of November, 2012. | | | | --- | --- | | Scale of pay per month (1) | Amount of monthly family pension (2) | | Up to Rs 11100 | 30 per cent of the pay shall be the basic family pension plus 30 per cent of allowances which are counted for making contributions to Provident Fund but not for dearness allowance shall be the additional family pension and the aggregate of basic and additional family pension shall not be less than Rs. 2785 per month. | | Rs. 11101 to Rs.22200 | 20 per cent of the pay shall be the basic family pension plus 20 per cent of allowances which are counted for making contributions to Provident Fund but not for dearness allowance shall be the additional family pension and the aggregate of basic and additional family pension shall not be less than Rs.3422 per month. | | Above Rs. 22200 | 15 per cent of the pay shall be the basic family pension plus 15 per cent of allowances which are counted for making contributions to Provident Fund but not for dearness allowance shall be the additional family pension and the aggregate of basic and additional family pension shall not be less than Rs.4448 per month and a more than Rs. 9284 per month. | Note: 1. Dearness relief is not payable on additional family pension. ### 2. Scale of pay for the purpose of calculation of family pension as above shall be the aggregate of 'pay' as defined in sub-clause (t) of regulation 2 and "allowances" as defined in the explanation to sub-regulation (1) of regulation 33. ### 3. In the case of a part-time employee, the minimum amount of family pension and maximum amount of family pension shall be in proportion to the rate of scale wages drawn by the employee. ### 4. In case the aggregate of basic family pension and additional family pension falls short of minimum pension the pensioner may be given minimum family pension and dearness relief may be paid on such minimum family pension and no additional family pension shall be payable over and above the minimum family pension. Form IV [See regulation 25(2) ] Qualifying Service For Permanent Part Time Employees | | | | | --- | --- | --- | | Sl. No. | Actual service on scale wages rendered on permanent part-time basic in one week | Length of corresponding qualifying service for each year of service rendered on permanent part time basis for calculating the amount of pension | | (1) | (2) | (3) | | 1. | Six hours or more but up to 13 hours | One third of a year | | 2. | More than 13 hours but up to 19 hours | One half of a year | | 3. | More than 19 hours but up to 29 hours | three fourth of a year | | 4. | More than 29 hours | one year | Form V [See regulation 37(1) (c)] Computation of Basic Family Pension and Additional Family Pension The formula for computing basic family pension and additional family pension in respect of employees who were in the service of the Bank on or after the 1st day of September, 1987 and had died while in service on or before the 31st day of October, 1987 or had retired on or before the 31st day of October, 1987 but died shall be as under: - | | | | --- | --- | | (1) | Basic Family Pension: | | (A) | Pay drawn by the deceased employee at the time of death/ retirement | Rs. \_\_\_\_\_\_\_ | | (B) | Basic family pension at the ordinary rates as per Table given below | Rs. \_\_\_\_\_\_\_ | | (C) | Dearness Relief at index 600 in the All India Average Consumer Price Index for Industrial Workers in the series 1960=100 as per Table I given in Appendix- I on the basic family pension calculated at (B) above. | Rs. \_\_\_\_\_\_\_ | | (D) | Updated basic family pension i.e. (B) + (C) | Rs. \_\_\_\_\_\_\_ | | (E) | Updated basic family pension as per (D) above (rounded off to next higher rupee) | Rs. \_\_\_\_\_\_\_ | | (F) | Basic family pension at one and half times or twice the updated basic family pension as the case may be of (D) above (rounded off to next higher rupee) | Rs. \_\_\_\_\_\_\_ | | | | | --- | --- | | (2) | Additional Family pension: | | | Special allowance to the extent of the amount ranking for making contributions to the Provident Fund in terms of the Bipartite Settlement dated 10th April, 1989 or Service Regulations corresponding to the special allowance drawn before the retirement or death shall be reckoned for the purpose of additional family pension. | | (3) | The basic family pension shall be at the rates given as under: | | | | | --- | --- | | Pay Range | Amount of family pension | | (1) | (2) | | Below Rs.664 | 30 per cent of pay shall be the basic family pension plus 30 per cent of the allowances which counted for making contributions to Provident Fund but not for dearness allowance shall be the additional family pension with a minimum of Rs.100 and maximum of Rs.166. | | Rs.664 and above but below Rs.1992 | 15 per cent of pay shall be the basic family pension plus 15 per cent of allowances which counted for making contributions to Provident Fund but not for dearness allowance shall be the additional family pension with a minimum of Rs.166 and maximum of Rs.266. | | Rs.1992 and above | 12 per cent of pay shall be the basic family pension plus 12 per cent of allowances which counted for making contributions to Provident Fund but not for dearness allowance shall be the additional family pension with a minimum of Rs.266 and maximum of Rs.415. | Note:1. Dearness relief is not payable on additional family pension. ### 2. In case the aggregate of updated basic family pension and updated additional family pension falls short of Rs.375, the pensioner may be paid Rs.375 with dearness relief thereon in which case no updated additional family pension shall be payable. Form VI [See regulation 39 (9) ] Name of the Bank : Baroda Rajasthan kshetriya Gramin Bank Application for Commutation of Pension without Medical Examination(to be submitted within one year from the date of retirement) | | | | | | --- | --- | --- | --- | | ToDesignated Authority | | Space forAffixingattestedpassport sizephotograph | | Dear Sir, I retired/will retire from the Bank's service with effect from --------------- and have opted for Bank's Pension Scheme. I desire to commute a fraction of my pension in accordance with the --------------- (Employee's) Pension Regulations, 2018. The necessary particulars are furnished below: | | | | --- | --- | | Name in full (in block letters) | : \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ | | Designation at the time of Retirement | : \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ | | Name of Office/Department from which retired | : \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ | | Date of birth (as per Bank's Service Record) | : \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ | | Date of Retirement | : \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ | | Class of Pension | : \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ | | Fraction of Pension proposed to be Commuted notexceeding 1/3rd thereof. | : \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ | | | | | --- | --- | | | \_\_\_\_\_\_\_\_\_\_\_\_\_\_Signature | | Place : | Address: --------------------------------------------------------------------------------------- | Acknowledgement Received from Shri/Smt/Kum \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ application for commutation of Pension. | | | | --- | --- | | Former Designation | | | Place :Date: | \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_(Signature of Designated Authority) | Form VII [See regulation 39 (9) ] Name of the Bank : Baroda Rajasthan kshetriya Gramin Bank Application for Commutation of Pension subject to Medical Examination (to be submitted in duplicated) Part - I | | | | | | --- | --- | --- | --- | | ToDesignated Authority Dear Sir,I desire to commute a fraction of my pension in accordance with -------------- Bank (Employee's) Pension Regulations, 2018. An attested copy of my photograph is affixed on the application and an unattested copy is enclosed. The necessary particulars are furnished below: | | Space forAffixingattestedpassport sizephotograph | | | | | | | --- | --- | --- | | 1. | Name in full (in block letters | : \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ | | 2. | Designation at the time of retirement | : \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ | | 3. | Name of Office/Department from which retired | : \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ | | 4. | Date of birth (as per Bank's Service Record) | : \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ | | 5. | Date of Retirement | : \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ | | 6. | Class of Pension | : \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ | | 7. | Fraction of Pension proposed to be commutednot exceeding 1/3rd thereof | : \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ | | 8. | Preference for station where medical examinationis desired to take place | : \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ | | | | | --- | --- | | | \_\_\_\_\_\_\_\_\_\_\_\_\_\_Signature | | Place :Date: | Address: --------------------------------------------------------------------------------------- | Acknowledgement Received from Shri/Smt/Kum. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ application for commutation of Pension. | | | | --- | --- | | (Former Designation) | | | Place :Date: | \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_(Signature of Designated Authority) | Form VII - Part - II (To be completed by the Designated Authority) | | | | | --- | --- | --- | | 1. | Name of the Applicant | : \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ | | 2. | Date of birth (as per Bank's Service Record) | : \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ | | 3. | Date of Retirement | : \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ | | 4. | Class of Pension | : \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ | | 5. | Amount of Pension | : \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ | | 6. | Amount of Pension desired to be commuted | : \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ | | On the basis of | | \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ | | Added Years | | Normal Age ---------------------------------- | | | 1 Year | 2 Years | | \_\_\_\_\_\_\_\_\_\_ | \_\_\_\_\_\_\_\_\_ | \_\_\_\_\_\_\_\_\_\_\_ | | Rs. | Rs. | Rs. | | \_\_\_\_\_\_\_\_\_\_\_ | \_\_\_\_\_\_\_\_\_\_ | \_\_\_\_\_\_\_\_\_ | | 7. | (i) Sum payable if commutation becomes absolute before theapplicant's next birthday which falls on \_\_\_\_\_\_\_\_\_\_\_ | : \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ | | (ii) Sum payable if commutation becomes absolute after theapplicant's next birthday which falls on \_\_\_\_\_\_\_\_\_\_ | : \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ | | 8. | Number of enclosures, if any (see note below) | | | | | | --- | --- | | Place:Date: | \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_(Signature of Designated Authority) | \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Note: The Designated Authority should enclose with the Form, a copy of the receipt or statement of the applicant's case if the applicant has been granted invalid pension or has previously commuted a part of his pension or declined to accept commutation on the basis of an addition of years to actual age, or has been refused (commutation) on medical grounds. Copy forwarded to Shri/Smt./Kum.\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (give complete postal address) with the remarks that subject to the Bank's Medical Officer's recommendation, he/she will, on the basis of the report of the Designated Authority be eligible for the lump sum payment in lieu of the amount of pension to be commuted as follows: - | | | | --- | --- | | | On the basis of | | Added Years | | Normal Age --------------------------------------------------------------------- | | | 1 Year | 2 Years | | \_\_\_\_\_\_\_\_\_\_ | \_\_\_\_\_\_\_\_\_\_ | \_\_\_\_\_\_\_\_\_\_ | | Rs. | Rs. | Rs. | | \_\_\_\_\_\_\_\_\_\_ | \_\_\_\_\_\_\_\_\_\_ | \_\_\_\_\_\_\_\_\_\_ | | (i) Sum payable if commutation becomesabsolute before the applicant's nextbirthday which falls on \_\_\_\_\_\_\_\_\_\_\_ | : \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ | | (ii) Sum payable if commutation becomesabsolute after the applicant's next birthdaywhich falls on \_\_\_\_\_\_\_\_\_\_ | : \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ | Note: The Table of the present value, on the basis of which calculation by the Designated Authority has been made, is subject to alteration at any time without notice and consequently the basis is liable to revision before payment is made and the sum payable will be the sum appropriate to the applicant's age on his birthday next after the date on which the commutation becomes absolute or if the medical authority directs that years will be added to that age, to the consequent assumed age. Acknowledgement Shri/Smt./Kum. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ should report for medical examination to the Bank's Medical Officer at Bank's Dispensary between \_\_\_\_\_\_\_\_ a.m. and \_\_\_\_\_\_\_\_ p.m. on \_\_\_\_\_\_\_\_\_\_\_. He/She should take with him/her the enclosed Form No.VIII with the particulars required in Part-1 completed except the signature or thumb impressions. Place :Date : \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_(Signature of Designated Authority) Form VII - Part III Name of Bank : Baroda Rajasthan kshetriya Gramin Bank (Draft Letter to Bank's Medical Officer Referring the pensioner for Medical Examination) Ref. No.: Date : To Dr. ---------------------------------- (Bank's Medical Officer) Sir/Madam, Medical Examination-Commutation of Pension Shri /Smt./ Kum.---------------------------------------- who retired from the service on ----------------- --------as-------------------------- (Designation) has applied for commuting a fraction of his/her pension for a lump sum payment. The following documents are forwarded herewith. (a) Application in Form No.VII in original. (b) \* Report or statement of the applicant's case if he has been granted invalid pension or has previously commuted a fraction of his pension or declined to accept commutation on the basis of addition of years to his actual age or has been refused commutation on Medical Grounds. In terms of regulation\_\_\_\_\_\_\_\_of Baroda Rajasthan kshetriya Gramin Bank (Employees') Pension Regulations, 2018 (commutation of pension), Shri/Smt./Kum.\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_should be examined by a Bank's Medical Officer. It is requested that arrangement may be made to get Shri / Smt. / Kum \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ examined as expeditiously as possible preferably within four weeks. A copy of this letter is being endorsed to him/her so that he/she may appear for medical examination before you at the earliest. The receipt of this letter may please be acknowledged. Yours faithfully (Designated Authority) \*Strike off whichever not applicable Form VIII [See regulation 39(9) ] Part I -------- Name of Bank : Baroda Rajasthan kshetriya Gramin Bank | | | | | | --- | --- | --- | --- | | Declaration by the Pensioner for facilitatingMedical Examination by the Bank's Medical Officer. | | Space for Affixingattested passportsize photograph | | The applicant must complete this statement prior to his examination by Bank's Medical Officer and must sign the declaration appended thereto in the presence of Bank's Medical Officer. ### 1. Name in full (in block letters) ### 2. Date of birth (as per Bank's Service Record) ### 3. Particulars regarding Parents. Father's age, if living and state of health. Father's age at death and cause of death. Mother's age, if living and state of health.Father's age at death and cause of death. ### 4. Have you been considered for grant of invalid Pension ? If so, state the ground thereof. ### 5. Have you been granted leave on Medical certificate during the Last three years of your service ? if so, state period of leave and nature of illness. ### 6. Have you during the last three years period (a) suffered from any major illness requiring hospitalization ?If so, the nature of illness and period of hospitalization may please be indicated; or (b) undergone any major surgical operation (c) lost or gained weight markedly \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Declaration by Applicant To be signed in presence of the Bank's Medical Officer I declare all the above answers to be, to the most of my belief, true and correct. I am fully aware that by wilfully making a false statement or concealing a relevant fact, I shall incur the risk of losing the commutation. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Applicant's signature or thumb-impression in case of illiterate applicant \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (Signature of Bank's Medical Officer) Form VIII - Part II Medical details of the Pensioner (To be filled by the examining Medical Officer) ### 1. Apparent age ### 2. Height ### 3. Weight ### 4. Describe any scars or identifying Marks of the applicant ### 5. Pulse rate- (a) Sitting (b) Standing What is the character of the pulse ? ### 6. Blood pressure- (a) Systolic (b) Diastolic ### 7. Is there any evidence of disease of the main organs - (a) Heart (b) Lungs (c) Liver (d) Spleen (e) Kidney ### 8. Investigations (wherever considered necessary by the Bank's Medical Officer) (i) Urine (State specific gravity) (ii) Blood (iii) X-R-ray Chest (iv) E.C.G. ### 9. Any additional finding Form VIII - Part III Certificate of Fitness for Payment of Commutation of pension (To be filled by the examining Medical Officer) I/We have carefully examined Shri/Smt./Kum.\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_and am/are of opinion that - He /She is in good bodily health and has the prospect of an average duration of life. OR He/She is not in good bodily health and is not a fit subject for commutation. OR Although he/she is suffering from \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_he/she is considered fit subject for commutation but his/her age for the purpose of commutation, i.e. the age next birthday should be taken to be\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_(In words) years more than his/her actual age. | | | | --- | --- | | Place :Date: | \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_(Signature and Designation ofExamining Medical Officer) |

65b93b9eab84c7eca86e8ae3

acts

State of Odisha - Act ----------------------- The Puri Raj Bhavan (Maintenance and Management) Rules, 1991 -------------------------------------------------------------- ODISHA India The Puri Raj Bhavan (Maintenance and Management) Rules, 1991 ============================================================== Rule THE-PURI-RAJ-BHAVAN-MAINTENANCE-AND-MANAGEMENT-RULES-1991 of 1991 ------------------------------------------------------------------------ * Published on 1 January 1991 * Commenced on 1 January 1991 The Puri Raj Bhavan (Maintenance and Management) Rules, 1991 Published vide Notification No. 3/SG, Orissa Gazette Part 3-A-No. 4/25.1.1991 No. 3/SG. - With a view to streamlining the maintenance and management of the Puri Raj Bhavan in a proper and purposeful manner and regulating the reservation of suites therein, the Governor of Orissa has been pleased to formulate the following rules, namely : ### 1. Short title and commencement. (1) These rules may be called the Puri Raj Bhavan (Maintenance and Management) Rules, 1991, referred hereinafter as the rules. (2) The rules shall come into force with immediate effect. ### 2. Definitions. - In these rules, unless the context signifies otherwise- (a) "Collector" means the District Magistrate and Collector, Puri; (b) "Comptroller" means the Comptroller of Governor's Household; (c) "day" means a period of twenty-four hours from the time of occupation of a suite in the Raj Bhavan, Puri; (d) "State Council" means the Orissa State Council of Culture; and (e) "suite" means a suite in Puri Raj Bhavan. ### 3. Maintenance. - The Governor's Secretariat shall continue to maintain the entire Puri Raj Bhavan including the precincts thereof, in proper manner. ### 4. Staff. - The following categories of staff shall be deployed in Puri Raj Bhavan : | | | | | --- | --- | --- | | (i) | Caretaker | One | | (ii) | Cook | One | | (iii) | Khansama | One | | (iv) | Masalchi | One | | (v) | Room bearer | Two | | (vi) | Gardener | Three | | (vii) | Sweeper | Two | | (viii) | And other staff that may be engaged from time to time. | ### 5. Governor's suites. - Two suites (suite No. 1 and suite No. 4) in Puri Raj Bhavan shall be maintained for the exclusive Occupation of the Governor and Lady Governor. The said suites may be allotted for the accommodation of any other person or functionary if and when specifically permitted by the Governor. ### 6. Eligibility for accommodation. - Subject to the stipulations contained in Rules 5, 7 and 8, the following categories of persons and functionaries shall be eligible to occupy a suite : (a) Guests and family members of the Governor; (b) Officers of the Governor's Secretariat; (c) Awardees of the National State Akademis of Sahitya, Lalltkala and Sangeet-Natak; (d) Padma awardees; (e) Teachers and officers of the Universities; and (f) Officers of the Central and State Governments and Public Sector Undertakings. ### 7. Eligibility for free accommodation. - The following persons and functionaries shall be eligible for occupation of suite, during their visit to Puri, free of cost : (a) Guests and family members of the Governor, and (b) Officers of the Governor's Secretariat. ### 8. Reservation and accommodation. (1) Subject to the overall supervision and direction of the Secretary to the Governor reservation of suites Nos. 5, 7, 8, 9, 10 and 11 shall be made by Collector (who is the Chairman of the District Executive Committee of the State Council) or any officer authorised by him and reservation of other suites shall be made by the Comptroller. (2) In respect of the occupants (other than those specified in Rules 5 and 7) of suites donation shall be payable in advance, to the State Council at the rate of rupees sixty for a Double suite and rupees forty for a Single suite per day or part of a day. The State Council shall be competent to enhance the tariff of donation, to a reasonable extent every third year. (3) The amount of donations shall not be refunded under any circumstances, even if the suite is not occupied by any of the allottees. (4) The Caretaker shall accommodate the persons and functionaries concerned in appropriate suites after verification of (a) the orders allotment and (b) the receipts for the donations. (5) Reservation shall ordinarily be made on "first come first served" basis. Reservation made however, be refused in certain eventualities, even if suites might be available, without assigning any reason. ### 9. Apportionment of donations. (1) Ten per cent of the amount collected by way of donations to the State Councillor shall be retained by the Caretaker as Contingent Advance for meeting the cost of toilet soaps and detergents and cleaning of linen etc. (2) The rest of the amount shall be credited to the Bank account of the State Council within forty-eight hours of the realisation of the donations. ### 10. Boarding arrangements. (1) Subject to the availability of the required facilities, request for breakfast, lunch, dinner etc. may be entertained by the Caretaker, on advance payment of the required amount by the occupants of the suites. (2) No person, except the authorised staff of Puri Raj Bhavan, shall be allowed to cook within the said Raj Bhavan. Food procured from elsewhere may, however, be served in the Dining Hall in special cases. ### 11. Proper upkeep and management. (1) The Collector shall ensure that the premises of the Puri Raj Bhavan are not used for any political or communal meeting or for any social congregation of people. (2) Unauthorised persons shall not be, allowed to enter the premises of the Puri Raj Bhavan and the prevalent system of protection by security personnel shall continue. (3) The Collector, the Comptroller and other authorised officers shall visit the Puri Raj Bhavan, from time to time, to ensure proper upkeep and efficient management of the Puri Raj Bhavan. ### 12. Interpretation. - If any question arises to the interpretation of any provision of the rules the decision of the Governor shall be final.

65b9cc56ab84c7eca86ea027

acts

State of Madhya Pradesh - Act ------------------------------- M.P. Khadi Tatha Gramodyog Regulations, 1980 ---------------------------------------------- MADHYA PRADESH India M.P. Khadi Tatha Gramodyog Regulations, 1980 ============================================== Rule M-P-KHADI-TATHA-GRAMODYOG-REGULATIONS-1980 of 1980 --------------------------------------------------------- * Published on 4 July 1980 * Commenced on 4 July 1980 M.P. Khadi Tatha Gramodyog Regulations, 1980 Published vide Notification No. 1 (A) 7-80-11-A, dated 4-7-1980, M.P. Rajpatra, Part 4(ga), dated 1-8-1980 In exercise of the powers conferred by Section 29 of the Madhya Pradesh Khadi Tatha Gramodyog Adhiniyam, 1978 (No. 16 of 1978), the Madhya Pradesh Khadi and Gramodyog Board, with the approval of the State Government hereby makes the following rules, namely :- ### 1. These regulations may be called the Madhya Pradesh Khadi Tatha Gramodyog Regulations, 1980. ### 2. In these regulations, unless the context otherwise requires :- (a) "Act" means the Madhya Pradesh Khadi Tatha Gramodyog Adhiniyam, 1978 (No. 16 of 1978); (b) "Board" means the Madhya Pradesh Khadi Tatha Gramodyog Board; (c) "Chairman" means the Chairman of the Board; (d) "District Committee" means a District Committee constituted under sub-section (1) of Section 12-A; (e) "Section" means a section of the Act; (f) "Member" means a member of the Board. ### 3. (1) The Chairman shall be entitled to travelling allowance at the rates admissible to grade A employee of the Government of Madhya Pradesh for journey performed by him for attending to the work of the Board. (2) Members of the Board shall be entitled to daily allowance for attending a meeting of the Board of a Committee at the rates admissible to a member of the Madhya Pradesh Legislative Assembly under the rules made under clause (a) of sub-section (2) of Section 9 of the Madhya Pradesh Vidhan Sabha Sadasya Vetan Bhatta Tatha Pension Adhiniyam, 1972 (No. 7 of 1973) and shall also be entitled to travelling allowance for journey performed by them for attending a meeting of the Board or a Committee or attending to other work of the Board at the rates admissible to grade A employee of the Government of Madhya Pradesh. ### 4. The following rules shall mutatis mutandis apply to the officers and other employees of the Board as they apply to the officers and servants of the corresponding grade in the service of the State Government, namely : (1) The Madhya Pradesh Civil Services (Leave) Rules, 1977; (2) The Madhya Pradesh Civil Services (Conduct) Rules, 1965; (3) The Madhya Pradesh Civil Services (Medical Attendance) Rules, 1958; (4) Rules regarding the grant of travelling allowance and daily allowance. ### 5. The Madhya Pradesh Civil Services (General Conditions of Service) Rules, 1961 and the Madhya Pradesh Civil Services (Classification, Control and Appeal) Rules, 1966 shall mutatis mutandis apply to the officer and other employees of the Board, subject to the modifications specified below, namely :- (a) In the Madhya Pradesh Civil Services (General Conditions of Service) Rules, 1961- (i) in Rule 2,- (a) In clause (a), the "Appointing Authority" means the appointing authority within the meaning of clause (a) of Rule 2 of the Madhya Pradesh Gramodyog Board Service Recruitment Rules, 1978; (ii) in clause (c),- "Government" means the Madhya Pradesh Khadi and Gramodyog Board. (iii) in clause (e),- "Post" means a whole time employment under the Board but does not include any employment where the employee is paid from contingencies. (b) In the Madhya Pradesh Civil Services (Classification, Control and Appeal) Rules, 1966- (i) in Rule 2,- In clause (a) , the "Appointing Authority" means the appointing authority within the meaning of clause (a) of Rule 2 of the Madhya Pradesh Gramodyog Board Service Recruitment Rules, 1978; (ii) in clause (d),- "Disciplinary Authority" means the authority competent to impose on an employee of the Board any of the penalties prescribed in Rule 10; (iii) in clause (e),- "Government" means the Madhya Pradesh Khadi and Gramodyog Board. (iv) in clause (g),- "Government Servant" means the employee of the Board. (v) in clause (g),- "Head of the Department" means the Managing Director. ### 6. The provisions of the Madhya Pradesh Financial Code and the Madhya Pradesh Treasury Code shall mutatis mutandis apply for purposes of maintenance of account books and other books as provided in sub-section (1) of Section 19 of the Act. ### 7. (1) The age of superannuation for officers and other employees, other than class IV employees of the Board shall be 58 years. For class IV employees, the age of superannuation shall be 60 years. (2) Notwithstanding anything contained in clause (1), where the Board considers it necessary so to do in the interest of the Board, it may give extension to any officer or other employee of the Board beyond the age of 58 years subject to his physical fitness and suitability for discharging the duties. ### 8. The employees of the Board who have completed six months service and are between 18 and 58 years of age except Class IV employees for whom the maximum age limit is 60 years shall be covered under Group Insurance Scheme which provides a death benefit of Rs. 10,000 per employee which shall be payable to the nominee or legal heirs of every employee in the event of his death while in service. The monthly premium per employee of class IV shall be Rs. 5 and for other employees, it shall be Rs. 10 per month, which amount shall be deducted every month from their pay. Out of the amount so deducted Rs. 4.45 per class IV employee and Rs. 8.17 per other employee or as may be subsequently determined in consultation with Life Insurance Corporation of India shall be sent to the Life Insurance Corporation of India, 19 Mahatma Gandhi Road, P.B. No. 130 Indore-1 as monthly premium. ### 9. Every Officer and employee of the Board shall, while in office wear uniform made of Khadi and shall as far as possible make use in office of the article produced by village industries. ### 10. Each District Committee shall follow the following procedure :- (1) The District Committee shall meet at least once in two months. Cases for setting up of new units of approved village Industries shall be prepared by the District Inspector according to the pattern prescribed and put up before the Committee for scrutiny and sanction, out of the funds allotted by the Board. After sanction, the sanctioned grant/loan shall be released to the artisan by Manager, Gramodyog on completion of formalities prescribed by the Board. (2) The funds allotted by the Board shall be kept in Nationalised Bank/Co-operative Bank. No disbursement shall be made unless it is sanctioned by the Committee, after sanction by the District Committee. The amount shall be released and kept in the Joint Account of the District Inspector and the concerned individual artisan. The first instalment shall be released by the District Inspector to the artisan concerned for purchase of implements etc. from the loan and the subsequent instalments shall be released after he is satisfied that the first instalment is properly utilised. (3) The District Inspector shall also maintain a register showing details and dates of the cases, put up to the District Committee and decision taken thereon and the date on which the unit was set up, it started production and date on which the utilisation certificate was sent by him to the Board.

65ba7d93ab84c7eca86ebaac

acts

Union of India - Act ---------------------- The Uttaranchal (Alteration of Name) Adaptation of Laws on Union Subjects Order, 2007 --------------------------------------------------------------------------------------- UNION OF INDIA India The Uttaranchal (Alteration of Name) Adaptation of Laws on Union Subjects Order, 2007 ======================================================================================= Rule THE-UTTARANCHAL-ALTERATION-OF-NAME-ADAPTATION-OF-LAWS-ON-UNION-SUBJECTS-ORDER-2007 of 2007 ------------------------------------------------------------------------------------------------- * Published on 12 December 2007 * Commenced on 12 December 2007 The Uttaranchal (Alteration of Name) Adaptation of Laws on Union Subjects Order, 2007 Published vide Notification No. G.S.R. 764(E) , 12th December, 2007 Ministry of Law and Justice (Legislative Department) G.S.R. 764(E) . - Whereas under sub-section (1) of Section 6 of the Uttaranchal (Alteration of Name) Act, 2006 (52 of 2006), the Central Government is empowered, by order, to make such adaptations and modifications of any law made before the 1st day of January, 2007, relating to a matter in List I in the Seventh Schedule to the Constitution, as may be necessary or expedient for the purpose of giving effect to the alteration of the name of the State of Uttaranchal; Now, thereof, in exercise of the powers conferred by sub-section (1) of Section 6 of the said Act, the Central Government hereby makes the following Order, namely:- ### 1. (1) This Order may be called the Uttaranchal (Alteration of Name) Adaptation of Laws on Union Subjects Order, 2007. (2) It shall be deemed to have come into force on the 1st day of January, 2007. ### 2. The General Clauses Act, 1897 (10 of 1897) shall apply for the interpretation of this Order as it applies for the interpretation of a Central Act. ### 3. The laws mentioned in the Schedule to this Order shall, until altered, repealed or amended by parliament or other competent authority, have effect subject to the adaptations and modifications directed in that Schedule. Schedule ---------- The Central Silk Board Act, 1948 (61 of 1948) Section 4.- In sub-section (3) , in clause (g), for "Uttaranchal", substitute "Uttarakhand". The Constitution (Scheduled Castes) Order, 1950 (C.O. 19) In the Schedule.- for "Part XXIV.-Uttaranchal", substitute "Part XXIV.-Uttarakhand". The Constitution (Scheduled Castes) Order, 1950 (C.O. 22) In the Schedule.- for "Part XXI.-Uttaranchal", substitute "Part XXI.-Uttarakhand". The Representation of the People Act, 1950 (43 of 1950) In the First Schedule, and the Second Schedule.- under the heading of each of these Schedules, for "Uttaranchal", substitute "Uttarakhand". The States Reorganisation Act, 1956 (37 of 1956) Section 15.- In clause (b) for "Uttaranchal", substitute "Uttarakhand". The Advocates Act, 1961 (25 of 1961) Section 3.- In sun-section (1) , in clause (a), for "Uttaranchal", substitute "Uttarakhand". The Uttar Pradesh Reorganisation Act, 2000 (29 of 2000) Throughout the Act, "Uttaranchal", substitute "Uttarakhand".

65ba5fb2ab84c7eca86eb171

acts

State of Tamilnadu- Act ------------------------- Tamil Nadu Occupants of Kudiyiruppu (Protection From Eviction) Re-Enacting Act, 1975 -------------------------------------------------------------------------------------- TAMILNADU India Tamil Nadu Occupants of Kudiyiruppu (Protection From Eviction) Re-Enacting Act, 1975 ====================================================================================== Act 23 of 1975 ---------------- * Published on 3 July 1975 * Commenced on 3 July 1975 Tamil Nadu Occupants of Kudiyiruppu (Protection From Eviction) Re-Enacting Act, 1975 (Tamil Nadu Act 23 of 1975 ) Statement of Objects and Reasons - Tamil Nadu Occupants of Kudiyiruppu (Protection from Eviction) Re-enacting Act, 1975 (Tamil Nadu Act 23 of 1975 ). - For Statement of Object and Reasons, please see Part IV - Section 1, pages 109-110 of the Tamil Nadu Government Gazette Extraordinary, dated the 9th April 1975. Statement of Objects and Reasons - Tamil Nadu Occupants of Kudiyiruppu (Protection from Eviction) Re-enacting Act, 1975 (Tamil Nadu Act 23 of 1975 ). - For Statement of Object and Reasons, please see Part IV - Section 1, pages 109-110 of the Tamil Nadu Government Gazette Extraordinary, dated the 9th April 1975. Received the assent of the President on the 3rd July 1975 and first published in Part IV - Section 2 of the Tamil Nadu Government Gazette Extraordinary, dated 10th July 1975. An Act to re-enact the Tamil Nadu Occupants of Kudiyiruppu (Protection from Eviction) Act, 1961. Be it enacted by the Legislature of the State of Tamil Nadu in the Twenty-sixth Year of the Republic of India as follows : - ### 1. Short title and commencement. (1) This Act may be called the Tamil Nadu Occupants of Kudiyiruppu (Protection from Eviction) Re-enacting Act, 1975. (2) It shall be deemed to have come into force on the 29th day of November 1973. ### 2. Re-enactment of Tamil Nadu Act 38 of 1961 . - The Tamil Nadu Occupants of Kudiyiruppu (Protection from Eviction) Act, 1961 (Tamil Nadu Act 38 of 1961 ), as amended, from time to time, and in force on the 28th November 1973 (hereinafter referred to as the said Act), is hereby re-enacted permanently, subject to the modification that, - (1) in section 1, - (a) for the heading, the heading "Short title and extent" shall be substituted; (b) sub-section (3) shall be omitted. (2) in section 4, after sub-section (2), the following sub-section shall be added, namely : - "(3) If any person who was occupying any kudiyiruppu on the 28th November 1973 has been evicted from such kudiyiruppu after such date, but before the date of the publication of the Tamil Nadu Occupants of Kudiyiruppu (Protection from Eviction) Re-enacting Act, 1975 in the Tamil Nadu Government Gazette, he may, within a period of six months after the date of such publication, apply to the authorized officer within whose jurisdiction the kudiyiruppu is situated in such form as may be prescribed for restoration to him of the possession of the kudiyiruppu from which he was evicted, and to occupy if subject to the same terms and conditions, as far as may be, as were applicable to him on the 28th November 1973.". ### 3. Savings. - Anything done or any action taken (including any rule or order made, notification issued, decision or direction given, proceeding taken and liability or penalty incurred and punishment awarded or rights enjoyed) under the provisions of the said Act - (a) as in force immediately before its expiry; or (b) on or after the 29th November 1973, and before the date of the publication of this Act in the Tamil Nadu Government Gazette, on the footing that the said Act was in force at the relevant time, shall be deemed to have been done or taken under the corresponding provisions of the said Act as hereby re-enacted: Provided that nothing contained in this section shall render any person liable to any punishment whatsoever by reason of anything done or omitted to be done by him contrary to the provisions of the said Act on or after the 29th day of November 1973, and before the date of the publication of this Act in the Tamil Nadu Government Gazette. ### 4. Act not to affect the operation of Tamil Nadu Act 40 of 1971. - Nothing in this Act or in the Tamil Nadu Occupants of Kudiyiruppu (Protection from Eviction) Act, 1961 (Tamil Nadu Act 38 of 1961 ) as re-enacted by this Act, shall be deemed to affect the operation of the Tamil Nadu Occupants of Kudiyiruppu (Conferment of Ownership) Act, 1971 (Tamil Nadu Act 40 of 1971).

65bab0c7ab84c7eca86ec590

acts

State of Gujarat - Act ------------------------ Gujarat Green Cess Rules, 2011 -------------------------------- GUJARAT India Gujarat Green Cess Rules, 2011 ================================ Rule GUJARAT-GREEN-CESS-RULES-2011 of 2011 -------------------------------------------- * Published on 28 July 2011 * Commenced on 28 July 2011 Gujarat Green Cess Rules, 2011 Published vide Notification No. GHU/2011/(98) /GST/l 0/2011/526/E, dated 28.7.2011 Last Updated 11th June, 2019 No. GHU/2011/(98) /GST/l 0/2011/526/E. - Whereas, the Government of Gujarat is satisfied that the circumstances exist which render it necessary to take immediate action to make the rules and to dispense with the previous publication thereof under the proviso to sub-section (3) of section 20 of the Gujarat Green Cess Act, 2011 (Gujarat 3 of 2011); Now, Therefore, in exercise of the powers conferred by section 20 of the Gujarat Green Cess Act, 2011 (Gujarat 3 of 2011), the Government of Gujarat hereby makes the following rules, namely: - ### 1. Short Title and Commencement. (1) These rules may be called the Gujarat Green Cess Rules, 2011. (2) They shall come into force from the date of their publication in the Official Gazette. ### 2. Definitions. (1) In these rules, unless the context otherwise requires,- (a) "Act" means the Gujarat Green Cess Act, 2011; (b) "Collector" means the Collector of Green Cess appointed under sub-section (1) of section 8; (c) "Cess" means the green cess levied and collected under section 3 of the Act; (d) "Form" means the form appended to these rules; (e) "Inspector" means an Inspector of Green Cess appointed under sub-section (2) of section 8 of the Act; (f) "Section" means a section of the Act. (2) Words and expressions used but not defined in these rules shall have the same meanings respectively assigned to them under the Act. ### 3. Manner, Rate and Payment of Tax. (1) There shall be levied and collected a cess on generation of electricity, at the rate of two paisa per unit of the electricity generated, except on generation of renewable energy by the generating company at the generating station or at the captive generating plant or the stand by generating plant. (2) The cess shall be payable for each calendar month, which shall be paid by the 10th day of the next month of the month for which it is due, in the Government Treasury or electronically remitted into the State Bank of India or any Scheduled bank as may be specified by the Collector. Explanation. - In case of payment of cess by cheque, the date on which the amount of the cheque is actually transferred to the credit of the State Government shall be deemed to be the date of actual payment for the purpose of these rules. (3) Each generating company shall forward a copy of treasury challan or proof of electronical remittance, to the Collector and to the Inspector concerned specifying therein the registration number assigned to it under sub-rule (1) of rule 5, the period for which the payment is being made, units of energy generated and interest or penalty, if any, within 5 days of such payment. (4) On assessment, the difference of the amount of cess payable and paid, and the interest or the penalty, if any, shall be payable by the generating company within 10 days of the receipt of such order. ### 4. Application for Registration. (1) Any generating company coming into existence after publication of these rules which intends to generate electrical energy in the State of Gujarat shall make an application in Form "A" to the Collector to grant registration within 90 days of the commencement of the generation of electrical energy. (2) Any generating company purchasing or acquiring any generating station or captive generating plant or stand by generating plant for the purpose of generating electrical energy in the State of Gujarat shall make an application in Form "A" to the Collector to grant registration within 90 days of such purchase or acquisition. (3) The existing generating companies shall make such application within 120 days from the date of publication of these rules in the Official Gazette. (4) If the application under sub-rule (1), sub-rule (2) or sub-rule (3) is submitted electronically, original documents thereof shall be submitted to the Collector within 10 days of the application so made. ### 5. Grant of Registration Certificate. (1) On receipt of an application made under rule 4, the Collector may make such inquiry as he deems necessary and call for such further information as he thinks fit and if he is satisfied that the application is complete in all respect, he shall grant the application and issue the certificate of registration in Form "B". (2) Any generating company which has been granted the certificate of registration under sub-rule (1) for the installed capacity as shown in the certificate of registration shall make an application to the Collector within a period of 30 days whenever there is a change in the installed capacity. (3) Any generating company to whom the certificate of registration has been granted for the generating station or captive generating plant or stand by generating plant, sells or disposes of or discards the same, shall make an application to the Collector within 60 days, along with the original certificate of registration and necessary documents including a certificate from an engineer, specifying the date of sale or disposal or discarding of the plant. The Collector may deregister the generating company if he is so satisfied. ### 6. Exemption From Registration. - The Collector may grant exemption from obtaining registration to a generating company whose aggregate installed capacity of generation of electrical energy at the same premises does not exceed 1000 Kilowatts, ### 7. Reading and Testing of Generating Meters and Panels. (1) Every generating company shall allow the Collector or any person authorised by him in this behalf or the Inspector to enter any premises in which a meter or generator panels are installed or are believed to be installed, for the purpose of reading or for getting tested the various meters and generator panels. (2) Every generating company shall carry out testing of the meter, current transformer, potential transformer and site sealing of metering system of the generating station or captive generating plant or stand by generating plant, as the case may be, at any Government Distribution Companies' meter testing laboratory or at a laboratory accredited by the National Accreditation Board for Testing and Calibration Laboratory in accordance with directions issued by the Collector. ### 8. Maintenance of Books of Accounts and Submission of Returns. - Every generating company liable to pay cess under the provisions of the Act and the rules made thereunder shall keep and maintain books of monthly accounts in Form "C" containing the nature, quantity and calorific value, rate and total value of fuel used and submit a statement for every quarter ending on the 31st March, 30th June, 30th September and 31st December of every year, in the said form to the Collector by the tenth day of the following month, either physically or electronically. Explanation. - " Books of accounts" includes ledgers, day-books, cash books, account-books and other books, whether kept in the written form or as print-outs of data stored in a floppy, disc, tape or any other form of electro-magnetic data storage device. ### 9. Manner of Assessment of Cess . - The Collector may assess the units of generation and amount of cess, interest and penalty, if any,- (a) on six monthly basis, in cases where the aggregate installed capacity of the generating stations or the stand by plant or captive generating plant is 100 MW or more, and (b) on annual basis in other cases, considering the fuel consumed by the generating company for the generation of energy, the age of the generating plant, the rated capacity of the generating plant, the station heat rate and calorific value of the fuel used within 6 or 12 completed calendar months of the financial year. Such assessment shall be made before the completion of the subsequent three financial year. ### 10. Rate of interest on delayed payment of Cess. - The rate of interest on delayed payment of cess shall be at the rate of 18% per annum or at such rate which the State Government may by general or special order fix. ### 11. Procedure of Refund. (1) An application for the refund of the excess amount of the cess paid shall be made by the generating company to the Collector alongwith the original receipt of payment made, within twelve months from the date of such excess payment made. (2) On receipt of the application made under sub-rule (1), the Collector may call for such documents and necessary information as may be required by him, and may, if satisfied, pass an order for refund of excess amount of cess paid, during the period of one year prior to the date of the receipt of the application from the generating company. (3) If any amount is paid by the generating company is in excess of the cess assessed, in respect of any period, shall on an application made to the Collector, may be refunded by an order in Form "D" in favour of the generating company and a copy of the order shall be forwarded to the concerned Treasury Officer. Form A (See rule 4) Application For Registration ### 1. Name and Address of the Applicant: ### 2. Name and Address of the person Owing the generating set: ### 3. Description of the place where the set is used or intended to be used : ### 4. Description of generating set: (i) Make: (ii) Installed capacity: (iii) Firm capacity : (iv) Nature of fuel: ### 5. Date of Purchase or acquisition : (Furnish a copy of purchase bill or acquisition documents) ### 6. Date of Commencement of Generation : (Furnish a copy of commencement certificate) ### 7. Details of Energy Meter : (i) Make : (ii) Sr.No.: (iii) Capacity : (iv) Dial MF : (v) CT Ratio: (vi) Multiply Factor (MF) : (vii) Final MF : (viii) Date of Sealing : (a) At Laboratory (b) At site ### 8. Average Daily Generation (i.e.Number of units of energy generated): ### 9. Nature of fuel: ### 10. Purpose for which the set is used or intended to be used : ### 11. Remarks (Applicant may include more additional information): ### 12. Certificate No. & Date of energizing Permission of Electrical Inspector): ### 13. Details of generating Sets(including registration number) existed at the time of purchase or acquisition of the generating set referred to above, if any: | | | | --- | --- | | Place: | Signature | | Date : | Name and Designation of the Applicant | | Seal and | | | Stamp of Office. | | Form-B [See rule 5 (1) ] Certificate of Registration | | | | --- | --- | | Certificate No......................................................... | Date :................... | An application for registration of Generating set of M/s.\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_received by this office for generation of electricity at\_\_\_\_\_\_\_\_\_ which has been taken on record and Registration No. has been allotted in respect of the generating set specified in the application, as under:- | | | | | | --- | --- | --- | --- | | Sr. No. | Capacity of Generating Set | Date of Purchase or Acquisition | Registration No. | | | | | | | | | | | | | | | | | | | | | | | | | | Note. - (1) This registration shall be valid for the generating sets as specified above. For each additional generating set a fresh registration shall be required to be obtained. (2) Quarterly return in the prescribed form (specimen enclosed) shall be furnished within 10 days after completion of the quarterly period ending on 30th June, 30th September, 31st December and 31st March of each year, to this office and to the Green Cess Inspector of the concerned District. (3) The amount of cess payable on the energy generated from generating sets shall be paid into the Government Treasury within 10 days after completion of each calendar month by monthly challan under the head of account" ..............................................." and the copy of the receipted challan shall be forwarded to this office under intimation to Green Cess Inspector of the.....................\*.................... District. | | | | --- | --- | | No. /Office of the Collector of Green CessGujarat State,Block No. 18, 7th Floor,Udyog Bhavan, Sector-11,Gandhinagar- 382017. | Chief Auditor,Collectorate of Green CessGujarat State, Gandhinagar. | Date: / / 2011. To, M/s.............................................. ............................................ ......................................... Copy to: ### 1. The Under Secretary to the Government of Gujarat, Energy & Petrochemicals Department, Sachivalaya, Gandhinagar. ### 2. Inspector of Green Cess,\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_District for information and necessary actions. \* Here specify the name of the District. Form C (See rule 8) Statement Showing the Generation of Electrical Engery Name of the Generating Company : Details of\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_KVA Generating set for the Month of | | | | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | | Date | Hours reading | Energy Meter Reading | MF | Units (KWH) generated | Nature of the fuel | Quantity of the fuel consumed | Calorific value | Rate of the fuel | Value of the fuel used | | | Start Reading | Close Reading | Difference | Start Reading | Close Reading | Difference | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | --- | --- | | Total Units Generated during the Month : | | | Amount of Green Cess to be paid : | Rs............./- | | Amount of Green Cess paid : | Rs. .........../- Date of payment: ............... | | Stamp and Seal of Office | Signature | Note. - To be maintained by the generating company and submitted to the Collector, Gandhinagar and the Green cess Inspector concerned, alongwith with a copy of challan showing the payment of Cess. Form D [See rule 11(2) ] Refund Order | | | | --- | --- | | Read: 1. Application of the.............. | Dated the....................... | | 2. Assessment Order, issued by the Inspector of Green Cess,.......................... | Dated the....................... | In exercise of the powers conferred by sub-rule (2) of the rule 8 of the Gujarat Green Cess Rules, 2011 it is hereby ordered to refund of the sum of Rs..............(Rupe........................only) to the (\* Here write the name of the generating company ) being the amount of excess payment of cess made by them on electrical energy generated for the period from .to....................... The Inspector of Green Cess, \*........................is authorized to present the refund Bill in the concerned District Treasury. The above amount of refund should be debited to the head of account ".............................. ............................" as Deduct Receipt | | | | --- | --- | | No. /Office of the Collector of Green CessGujarat State,Block No. 18, 7th Floor,Udyog Bhavan, Sector-11,Gandhinagar- 382017. | Collector of Green CessGujarat State | Date: .../......./20 \* Here specify the name of the District. To, The Inspector of Green Cess. ...................\*................... Enel: Original Challans- The enclosed Bill may be presented before\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_Treasury Officer. Copy f.w.cs. to; ### 1. M/s.\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ ### 2. The Accountant General, Rajkot ### 3. The Treasury Officer, \*\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Copy to; ### 1. Order file ### 2. Case file

65ba7f38ab84c7eca86ebb8e

acts

Union of India - Act ---------------------- University Grants Commission (Open and Distance Learning) Regulations, 2017 ----------------------------------------------------------------------------- UNION OF INDIA India University Grants Commission (Open and Distance Learning) Regulations, 2017 ============================================================================= Rule UNIVERSITY-GRANTS-COMMISSION-OPEN-AND-DISTANCE-LEARNING-REGULATIONS-2017 of 2017 --------------------------------------------------------------------------------------- * Published on 23 June 2017 * Commenced on 23 June 2017 University Grants Commission (Open and Distance Learning) Regulations, 2017 Published vide Notification F. No. 2-4/2015 (DEB-3), dated 23rd June, 2017 Last Updated 1st July, 2019 F. No. 2-4/2015 (DEB-III). - In exercise of the powers conferred by sub-section (1) of section 26 read with clause (j) of section 12 of the University Grants Commission Act, 1956 ( 3 of 1956 ) and in supersession of the University Grants Commission Regulations, (the minimum standards of instructions for the grants of first degree through non-formal/distance education in the faculties of Arts, Humanities, Fine Arts, Music, Social Science, Commerce and Sciences) Regulations, 1985 except as respect of things done or omitted to be done before such supersession, the University Grants Commission makes the following regulations, namely :- Part - I Preliminary ### 1. Short title, application and commencement. (1) These regulations may be called the University Grants Commission (Open and Distance Learning) Regulations, 2017. (2) These Regulations lay down the minimum standards of instruction for the grant of degree at the undergraduate and post-graduate levels, through Open and Distance Learning mode, and shall be in addition to and not in derogation of any other Regulations, Notifications, Guidelines or Instructions issued by the Commission from time to time. (3) These regulations shall apply to a University referred to under clause (f) of section 2 of the University Grants Commission Act, 1956, an Institution Deemed to be University under section 3 of the said Act, for all degree programmes of learning at the undergraduate and post-graduate level, other than programmes in engineering, medicine, dental, pharmacy, nursing, architecture, physiotherapy and programmes not permitted to be offered in distance mode by any other regulatory body. [Provided that the University Grants Commission may, by order, exempt the Indira Gandhi National Open University, a university established under the Indira Gandhi National Open University Act, 1985 (50 of 1985), from the application of these regulations, considering the objectives of the said Act.] [Inserted by Notification F. No. 1-8/2019 (DEB-I), dated 6.6.2019.] (4) These regulations shall come into force from the date of their publication in the Official Gazette. ### 2. Definitions. - In these regulations, unless the context otherwise requires - (a) "Academic session" means duration of twelve months beginning either in January or in the month of July of every year; (b) "Act", means the University Grants Commission Act, 1956 ( 3 of 1956 ); (c) "Centre for Internal Quality Assurance" (CIQA) means a Centre as specified in Annexure I established by a Higher Educational Institution offering programmes in Open and Distance Learning mode for ensuring the quality of programmes offered by it through internal quality monitoring mechanism in accordance with the guidelines as specified in Annexure II; (d) "Commission" means the University Grants Commission established under the University Grants Commission Act, 1956 ( 3 of 1956 ); (e) "Credit" means the Unit award gained by a learner by study efforts of a minimum of thirty hours required to acquire the prescribed level of learning in respect of that Unit; (f) "Degree" means a degree specified under sub-section (3) of section 22 of the Act; (g) "Examination Centre" means a place where examinations are conducted for the Open and Distance Learning mode learners and is having the requisite infrastructure and adequate manpower for smooth conduct of examinations, and adhering to such minimum standards as specified in Annexure III. (h) "Franchising" for the purpose of these regulations, means and includes the practice of allowing, formally or informally, any person or institution or organisation, other than the Higher Educational Institution recognised under these regulations for offering Open and Distance Learning programmes, to offer such programmes of study on behalf of or in the name of the recognised Higher Educational Institution, and the terms `franchise' and `franchisee' shall be construed accordingly; (i) "Higher Education" means such education, imparted by means of conducting regular classes or through distance education systems, beyond twelve years of schooling leading to the award of a Degree or Certificate or Diploma or Postgraduate Diploma; (j) "Higher Educational Institution" means a university covered under clause (f) of section 2 and an institution deemed to be a university covered under section 3 of the University Grants Commission Act, 1956, which is imparting by means of conducting regular classes or through Open and Distance Learning systems, higher education or research therein; (k) "Learner Support Centre" means a centre established, maintained or recognised by the Higher Educational Institution for advising, counselling, providing interface between the teachers and the learners, and rendering any academic and any other related service and assistance required by the learners; (l) "Learner Support Services" means and includes such services as are provided by a Higher Educational Institution in order to facilitate the acquisition of teaching-learning experiences by the learner to the level prescribed by or on behalf of the Commission in respect of a programme of study; (m) "Open and Distance Learning" mode means a mode of providing flexible learning opportunities by overcoming separation of teacher and learner using a variety of media, including print, electronic, online and occasional interactive face-to-face meetings with the presence of an Higher Educational Institution or Learner Support Services to deliver teaching-learning experiences, including practical or work experiences. (n) "Open University" means a University which imparts education through distance education or Open and Distance Learning mode using variety of Information and Communication Technology educational aids i.e. online education in the form of Open Educational Resources (OERs) or Massive Open Online Courses (MOOCs) etc.; (o) "Programme" means a course or programme of study leading to the award of a Degree at graduate and postgraduate levels in a higher educational institution including Certificate or Diploma or Post Graduate Diploma; (p) "Professional programmes" means a programme other than programmes in engineering, medicine, dental, pharmacy, nursing, architecture, physiotherapy and programmes not permitted to be offered in distance mode by any Statutory Councils or Regulatory Authorities to be conducted by the Higher Educational Institutions under Open and Distance Learning mode or Distance Education mode for the purpose of these regulations, if any, should be considered only if the same are approved by the respective Statutory Councils or Regulatory Authorities. (q) "Prospectus" includes any publication, whether in print or otherwise, issued for providing fair and transparent information, relating to a higher educational institution and programmes, to the general public (including to those seeking admission in such Higher Educational Institutions) by the management of such Higher Educational Institutions or any authority or person authorised by such Higher Educational Institutions to do so; (r) "Self Learning Material" means and includes contents in the form of course material, whether print or non-print, which is inter-alia self-explanatory, self-contained, self-directed at the learner, and amenable to self-evaluation, and enables the learner to acquire the prescribed level of learning in a course of study, but does not include textbooks or guide-books; (s) "Standalone Institutions" means those institutions which are not affiliated to any of the Universities under the provisions of the Act. Part - II Recognition of Higher Educational Institution for Open and Distance Learning Programmes ### 3. Recognition of Higher Educational Institutions offering programmes in Open and Distance Learning mode. (1) Every Higher Educational Institution offering a programme in Open and Distance Learning mode in pursuance of an approval granted to it for the purpose by the then Distance Education Council or by the Commission or by any other regulatory authority or intending to offer a programme in Open and Distance Learning mode from the academic session immediately after the notification of these regulations shall, for grant of recognition, make an application to the Commission in such form and manner as laid down in sub-regulation (2) on fulfilment of the following conditions, namely :- (i) the Higher Educational Institution has the approval of the statutory bodies under the Act for offering the programme in Open and Distance Learning mode; (ii) the Higher Educational Institution shall adhere to the policy of territorial jurisdiction as specified in Annexure IV; (iii) the Higher Educational Institution other than an Open University, is offering similar programme in the conventional mode of classroom teaching; (iv) a copy of such application is displayed on the website of the Higher Educational Institutions by way of self disclosure; (v) that the application is accompanied by evidence of having prepared the self learning materials required for the programmes of study, duly approved by the statutory bodies of the Higher Educational Institutions empowered to decide on academic matters; (vi) the application is accompanied by evidence of availability of Open and Distance Learning resources adequate for effective delivery of all the proposed programme(s) of study and the expected enrolment of students; (vii) the application is accompanied by evidence of the preparedness for establishing Learner Support Centres, providing Learning Support Services, establishing Centre for Internal Quality Assurance, availability of the academic and other staff in the Unit and Learner Support Centres of the Higher Education, availability of qualified Counsellors in the Learner Support Centres meeting such standards of competence as specified in Annexure V, and the administrative arrangements for supportive services for effective delivery of Open and Distance Learning; (viii) [ The Higher Educational Institution has completed five years of existence: [Substituted by Notification F. No. 2-4/2018 (DEB-I), dated 6.9.2018 (w.e.f. 23.6.2017).] Provided that the Higher Educational Institutions shall submit an undertaking to the effect that it will attain a National Assessment and Accreditation Council (NAAC) score of 3.26 on a 4-point scale before the end of academic session July 2019-June 2020, failing which, the Commission shall not accord any approval to the Open and Distance Learning Programmes of the Higher Educational Institutions: Provided further, that this clause shall not be applicable to Open Universities till the time they become eligible for NAAC accreditation and it shall be mandatory for Open Universities to get NAAC accreditation within one year of their becoming eligible for the same: Provided further, that an institution Deemed to be a University so declared by the Central Government shall offer the Open and Distance Learning courses or programmes as per the extant Deemed to be a University Regulations and other relevant Regulations notified by the University Grants Commission from time to time and after due inspection of the off-campus centres or study centres or both as applicable, are found adequate.] (2) [ A Higher Educational Institution intending to offer a programme in Open and Distance Learning mode for academic session immediately after the commencement of the University Grants Commission (Open and Distance Learning) Second Amendment Regulations, 2018 and for subsequent years shall, notwithstanding that it has obtained permission from the then Distance Education Council or by the Commission for offering a programme in Open and Distance learning mode for next coming academic session and for subsequent years, shall make an on-line application in the format specified by the Commission, and upload the same on the specified portal along with scanned copy of the documents specified therein, at least six months before the commencement of the academic session of the programme intended to be offered by such Higher Educational Institution. However, the Commission may relax this period of six months at its discretion only for the academic session July 18 - June 19.] [Substituted by Notification F. No. 2-4/2015 (DEB-III), dated 6th February, 2018 (w.e.f. 23.6.2017).] (3) The Commission shall process the application received under sub-regulation (2) of regulations 3 in the following manner, namely:- (i) any deficiency or defect in the application shall be communicated by the Commission to the Higher Educational Institution preferably within one month from the date of receiving the application and the Higher Educational Institution shall be required to remove or rectify such deficiencies or defects with the necessary documents or information, if any within fifteen days; (ii) where the Higher Educational Institution has made an application for offering programme (s) in Open and Distance Learning mode, notwithstanding that in respect of such programme(s) the Distance Education Council (DEC) or Commission had caused the inspection of the institute in the past or prior to coming into force of these regulations, the Commission may cause an inspection, in respect of such programme(s), of the Higher Educational Institutions at its discretion through an Expert Committee; and (iii) the Commission shall examine the application with the help of an Expert Committee constituted by Chairman of the Commission and the recommendations of the Committee shall be placed before the Commission for its consideration. (4) After processing the application in the manner laid down under sub-regulation (3) of regulation 3, the Commission shall- (i) if it is satisfied that such Higher Educational Institution fulfils the conditions laid down and the quality parameters specified under these regulations, pass an order granting recognition to such Higher Educational Institutions for a period of five years in respect of such programmes as it may specify in the order, and subject to such conditions as it may specify: Provided that while passing an order, where the Commission does not grant recognition in respect of one or more programmes, the Commission shall specify the grounds of such refusal in the order: Provided further that before passing an order, the Commission shall provide a reasonable opportunity to the concerned Higher Educational Institution of being heard. (ii) if it is of the opinion that such Higher Educational Institutions does not fulfil the requirements laid down in clause (i) in respect of any of the programme intended to be offered by the Higher Educational Institution, pass an order refusing recognition to such Higher Educational Institution for reasons to be recorded in writing. (5) Every order granting or refusing recognition to a Higher Educational Institutions for programme(s) in Open and Distance Learning mode under sub-regulation (4) shall be communicated in writing for appropriate action to such Higher Educational Institutions and to the concerned State Government and the Central Government. (6) Every Higher Educational Institution, in respect of which recognition for programme(s) has not been granted by the Commission, shall discontinue the programme(s) in Open and Distance Learning mode with immediate effect. (7) No Higher Educational Institution shall offer a programme in Open and Distance Learning mode for academic session immediately after the notification of these regulations and for subsequent academic session and admit students thereto unless it has been granted recognition for the programme under clause (i) of sub-regulation (4). Explanation. - for the purpose of this regulations "Distance Education Council" means the Distance Education Council constituted under statue 28 under the Indira Gandhi National Open University Act, 1985 vide notification GSR No. 692 dated 22.11.1991 (which has since been repealed vide notification number IG/Admn(G) /DEC/2013/3148 dated 14.08.2013 published in Part III, Gazette of India dated 31.08.2013. ### 4. Withdrawal of recognition. (1) Where the Commission is, on its own motion or on any representation received from any person, or any information received from any authority or a statutory body, or on the basis of any enquiry or inspection conducted by it, satisfied that a Higher Educational Institution has contravened any of the provisions of these regulations or guidelines and orders made or issued thereunder, or has submitted or produced any information and documentary evidence which is found to be false at any stage or any condition subject to which recognition under clause (i) of sub-regulation (4) of regulation 3 has been granted, it may withdraw recognition of such Higher Educational Institution in respect of such programme(s) as it may specify, for reasons to be recorded in writing: Provided that no such order against the Higher Educational Institution shall be passed unless a reasonable opportunity of making representation against the proposed order has been given to such Higher Educational Institution: Provided further that the order withdrawing or refusing recognition passed by the Commission shall come into force with immediate effect. (2) If a Higher Educational Institution offers any programme in Open and Distance Learning mode after the coming into force of the order withdrawing recognition under sub-regulation (1) or where a Higher Educational Institution offering a programme in Open and Distance Learning before the commencement of these regulations, fails to obtain recognition under these regulations for offering programmes in Open and Distance Learning mode for academic session immediately after the notification of Regulations and subsequent academic sessions, the degree obtained pursuant to such programme or after undertaking a programme in Open and Distance Learning mode in such Higher Educational Institutions, shall not be treated as a valid qualification. (3) In the event of any Higher Educational Institution found offering programmes or courses in Open and Distance Learning mode without the approval of the Commission or in violation to any of the provisions of these regulations and guidelines or orders made thereunder, the Commission may - (i) issue Show Cause Notice or withdraw the recognition for an academic session or withdraw the recognition, maximum up to next five academic sessions or withdraw the recognition permanently; (ii) if, in spite of above, the Higher Educational Institution is found continuing the violations, a First Information Report may be lodged against the officials or management of the errant Higher Educational Institution to take action as per law. (iii) withhold or debar from receiving University Grants Commission grants; (iv) refer the matter to the State Government concerned or Central Government as the case may be; and (v) take action as per the provisions of the Act or Rules or Regulations as applicable to the Higher Educational Institution. ### 5. Appeals. (1) Any Higher Educational Institution aggrieved by an order made under sub-regulation (4) of regulation 3 or withdrawal of recognition under sub-regulation (1) of regulation 4 may prefer an appeal to the Commission within a period of thirty days. (2) No appeal after the expiry of the period prescribed therefore shall be accepted. (3) Every appeal made under these regulations shall be accompanied by a copy of the order appealed against accompanied by such fees as may be prescribed by the Commission from time to time. (4) The procedure for disposing of an appeal shall be as laid down by the Commission from time to time. (5) The Commission may confirm or reverse the order appealed against. (6) The decision of the Commission shall be final and binding on the Higher Educational Institutions. Part-III Maintenance of Infrastructural, Academic and Other Quality Standards by Higher Educational Institutions ### 6. Systems Management: Structure and Processes. (1) A Higher Educational Institution shall have a designated School or Centre of Distance Education for operationalising the programmes in Open and Distance Learning mode, which shall be headed by a regular functionary not below the rank of a Professor and shall have appropriate and adequate academic, technical, administrative staff and infrastructural resources as specified in Annexure VI. (2) A Higher Educational Institution shall plan, implement, coordinate and monitor operationalisation and quality assurance of the programmes in Open and Distance Learning mode, including monitoring the conduct and programme delivery by the Learner Support Centres and shall ensure adherence to the regulations and guidelines of the Commission and other regulatory authorities. ### 7. Self-regulation through disclosures, declarations and reports. (1) A Higher Educational Institution offering programmes in Open and Distance Learning mode shall display on its website a declaration by an authorised signatory, not below the rank of the Registrar, authenticating that the following documents have been uploaded on the Institute website, namely:- (i) the establishing Act and Statutes thereunder or the Memorandum of Association, as the case may be or both of the Higher Educational Institution, empowering it to offer programmes in Open and Distance Learning mode; (ii) copies of the letters of recognition from Commission and other relevant statutory or regulatory authorities; (iii) programme details including brochures or programme guides inter alia information such as name of the programme, duration, eligibility for enrolment, programme fee, programme structure etc.; (iv) programme-wise information on syllabus, suggested readings, contact points for counselling, programme structure with credit points, programme-wise faculty details, list of supporting staff, list of Learner Support Centres with addresses and contact details, their working hours and counselling schedule etc.; (v) important schedules or date-sheets for admissions, registration, re-registration, counselling, assignments and feedback thereon, examinations, result declarations etc.; (vi) detailed strategy plan related to On-line course delivery, if any including learning materials offered through On-line and learner assessment system and quality assurance practices of e-learning programmes; (vii) the feedback mechanism on design, development, delivery and continuous evaluation of learner performance which shall form an integral part of the transactional design of the Open and Distance Learning mode programmes and shall be an input for maintaining the quality of the programmes and bridging the gaps, if any; (viii) information regarding any new programmes launched and those proposed for the next two years; (ix) data of year-wise or programme-wise student enrolment details and degrees or certificates or diplomas or post graduate diplomas awarded; (x) complete information about `Self Learning Material' including name of the faculty who prepared it, when was it prepared and last updated, source of Self Learning Material, references of Self Learning Material, etc.; (xi) a compilation of questions and answers under the head `Frequently Asked Questions" with the facility of `on-line' interaction with learners providing hyperlink support; (xii) list of the `Learner Support Centres' along with the number of students who shall appear at any examination centre and details of the Information and Communication Technology facilities available for conduct of examination in a fair and transparent manner; (xiii) list of the `Examination Centres' along with the number of students in each centre; and (xiv) period of the admission process along with the academic session and dates of the term end examinations. ### 8. Quality Assurance. (1) A Higher Educational Institution offering programme(s) in Open and Distance learning mode shall, take the following steps, namely :- (i) establish a Centre for Internal Quality Assurance exclusively for programmes in the Open and Distance Learning mode within one year from the coming into force of these regulations; (ii) follow the Quality Assurance Guidelines on learning materials in multiple media, human resources, curriculum and pedagogy, as specified by the Commission in Annexure VII or by any other agency authorised by it for prescribing such guidelines, and shall post its quality assurance mechanism on the website; (iii) take adequate measures for training and capacity building of its teaching and administrative staff and counsellors at regular intervals; (iv) shall ensure that the quality of programmes of study offered through Open and Distance Learning mode are maintained at par with standards obtaining in the conventional mode of class-room teaching as provided by the Commission or the appropriate statutory authority; (v) shall award only such degrees as specified under section 22 of the Act, and permitted in the Order of recognition under clause (i) of sub-regulation (4) of regulation 3. However, the Higher Educational Institutions may continue to offer Certificate or Diploma or Post Graduate Diploma programmes subject to the condition that all the Certificate or Diploma or Post Graduate Diploma programmes are duly approved by the statutory authorities or bodies of the respective Higher Educational Institutions and the delivery mechanism conforms to the quality standards of the Open and Distance learning education as specified by the Higher Educational Institutions and further, the Higher Educational Institutions may offer Certificate or Diploma or Post Graduate Diploma in professional programmes (other than in engineering, medicine, dental, nursing, pharmacy, architecture and physiotherapy etc. and programmes not permitted to be offered in distance mode by any other regulatory authority) subject to the condition that the concerned Higher Educational Institution has already obtained or received the requisite approvals from the concerned statutory regulatory authorities or councils before the actual start of such courses or programmes through Open and Distance Learning mode; (vi) the Higher Educational Institutions shall have to exhibit the copies of the approval letters duly obtained or received from the concerned statutory regulatory authority or council to run the professional courses or programmes on the Higher Educational Institutions website as well as against the name of the each professional Certificate or Diploma or Post Graduate Diploma programmes in the brochure or bulletin of the respective Higher Educational Institution and inform the same to the University Grants Commission from time to time in the matter: Provided that in case of violation of these regulations, the provisions specified under sub-regulation (3) of regulation 4 shall apply; and (vii) shall ensure that the academic and instructional facilities at its Learner Support Centres, and information resources for on-line delivery of programmes meet the guidelines laid by the Commission from time to time, and are commensurate with the number of programmes and enrolments thereto. (2) A Higher Educational Institution offering programme in Open and Distance Learning mode shall, in order to facilitate the pace of learning and multiple choice for learners, prepare Self Learning Material taking into consideration the following, namely :- (i) Self Learning Material has clearly stated objectives, intended learning outcomes, study guidance and advice for the learners as to how to optimally use the material and suggestive related reference material to enhance the learning experience, and linkage within the text with other media (for digital SLM) is maintained for easy referencing and progress; (ii) Self Learning Material developed and offered by it is self-explanatory, self-contained, illustrative, easily comprehensible, and in manageable modules such as units and blocks; (iii) Self Learning Material provides adequate mechanism for the learners to provide feedback on their understanding of the subject; (iv) Self Learning material is revised periodically from the perspective of improving quality and learner support; and (v) Guidelines on preparation of Self-Learning material as shown in Annexure VIII: Provided that a Higher Educational Institution shall prepare the Self Learning Material only after approval of the Programme Project Report: Provided further that no programme in Open and Distance Education mode shall be launched by a Higher Educational Institution unless it has prepared the Self Learning Material taking into consideration the above factors. ### 9. Teachers and Academic staff working in Higher Educational Institutions. (1) Teacher and equivalent academic positions in the School or Centre for distance education Learner Support Centres shall be appointed or as per the minimum qualifications laid down in the University Grants Commission (Minimum Qualifications for Appointment of Teachers and other Academic Staff in the Universities and Colleges and Measures for the Maintenance of Standards in Higher Education) Regulations, 2010 as modified; and there shall be positions for Assistant Professor, Associate Professor and Professor in the School or Centre for Distance Education for performing academic functions. (2) Every teacher, beside his or her academic responsibilities shall participate in teaching, curriculum and course material development undertake examination or test or evaluation or invigilation work, general assistance to learners in removing their academic difficulties, and participate in extracurricular and institutional support activities as required. (3) The workload of a teacher shall take into account teaching, research and extension activities, preparation of lessons, evaluation of assignments, term papers etc. and shall be in accordance with the guidelines issued by the Commission from time to time: Provided that the time spent on extension work where it forms an integral part of the course specified shall count towards the teaching load. (4) The number of full time teachers, academics and other administrative and technical staff shall be provided, keeping in view the type of programme offered as per guidelines issued by Commission from time to time. (5) The details of the faculty in the School or Centre for Distance Education of the Higher Educational Institutions and in the Learner Support Centres shall be declared on the website of the HEI and linked to Aadhaar details or other Government identifiers. ### 10. Use of technology. (1) A Higher Educational Institution offering programme(s) in Open and Distance Learning mode shall take such measures as are necessary to blend Information Communication Technologies (ICT) including those developed by national mission on education through Information and Communication Technology, for enhancing effectiveness of teaching - learning process, and administrative functioning and for maintenance of updated information at all times in respect of status of admissions, registration, for managing teaching-learning activities through on-line support for interactive learning with learner feedback, to facilitate the use of Open Educational Resources (OER), Massive Open Online Courses and for continuous as well as comprehensive evaluation, certification, and other aspects of student support. (2) A Higher Educational Institution may allow up to twenty percent of the total courses being offered in a particular programme in a semester through the Online Learning courses/Massive Open Online Courses as per University Grants Commission (Credit Framework for Online Learning Courses through SWAYAM) Regulations, 2016. ### 11. Programme Launching Process and Approval. (1) Every Higher Educational Institution offering programme in Open and Distance Learning Mode shall publish on its website complete details of each programme on offer including fee structure, minimum eligibility condition for admission as prescribed by Commission from time to time, schedules of activities and academic calendar viz. dates for registration, reregistration, counselling sessions, assignment submissions, receipt of feed-backs on assignments, examination, list of Learner Support Centres for different programmes. (2) Before offering any programme, the Higher Educational Institution shall prepare a Programme Project Report for each programme which shall include the following, namely :- (i) information on relevance of programme to the Institution's mission and goals, objectives of the programme, nature of prospective target group of learners, and appropriateness of Open and Distance Learning mode for acquiring specific competencies or skills; (ii) instructional design which shall include duration of programme(s), faculty and support staff requirements, instructional delivery mechanisms, identification of media - print, audio or video, online, computer aided, and student support service systems; (iii) procedure for admissions, curriculum transaction and evaluation; (iv) details of laboratory support required for the programme(s), if any; (v) library Resources; (vi) cost estimate of the programme and the provisions therefor, indicating the amount assigned for programme development, delivery and maintenance; (vii) quality assurance mechanism and expected programme outcomes; (viii) curriculum and detailed syllabi of the programme(s); and (ix) guidelines on launching programme(s) design, development and any such matters as specified by the Commission in Annexure IX and other regulatory bodies which shall be followed by the Higher Educational Institutions. (3) The Programme Project Report shall be approved by the appropriate authority of the Higher Educational Institutions, which shall put in place a monitoring mechanism to ensure its proper implementation. Part-IV Admissions, Examinations and Learner Support ### 12. Admission and fees. (1) In order to provide opportunities for Higher Education to a larger segment of the population and to promote the educational well being of the community in general, the fee structure shall be devised by the Higher Educational Institutions in such a manner that it is affordable to all the stakeholders and the Higher Educational Institutions shall comply with the following:- (a) A Higher Educational Institution shall, for admission in respect of any programme in Open and Distance Learning mode, accept payment towards admission fee and other fees and charges - (i) as may be fixed by it and declared by it in the prospectus for admission, and on the website of the HEI; (ii) with a proper receipt in writing issued for such payment to the concerned student admitted in such Higher Educational Institutions; (iii) only by way of online transfer, bank draft or pay order directly in favour of the Higher Educational Institution. (b) It shall be mandatory for the Higher Educational Institutions to upload the details of all kind of payment or fee paid by the students on the website of the HEI. (c) The fee waiver for Scheduled Caste, Scheduled Tribe and Persons with Disabilities category of students shall be in accordance with the instructions or orders issued by Central Government or State Government: Provided that a Higher Educational Institution shall not engage in commercialisation of education in any manner whatsoever, and shall provide for equity and access to all deserving learners. (d) Admission of learners to a Higher Educational Institution for a programme in Open and Distance Learning mode shall be offered in a transparent manner and made directly by the headquarters of the Higher Educational Institution which shall be solely responsible for final approval relating to admissions or registration of students: Provided that a Learner Support Centre shall not admit a learner to any programme in Open and Distance Learning for or on behalf of the Higher Educational Institution. (e) Every Higher Educational Institution shall - (i) record Aadhaar details or other Government identifiers of learner; (ii) maintain the records of the entire process of selection of candidates, and preserve such records for a minimum period of five years; (iii) exhibit such records on its website; and (iv) be liable to produce such record, whenever called upon to do so by any statutory authority of the Government under any law for the time being in force. (f) Every Higher Educational Institution shall publish, before expiry of sixty days prior to the date of the commencement of admission to any of its programme in Open and Distance Learning mode, a prospectus containing the following for the purposes of informing those persons intending to seek admission to such Higher Educational Institutions and the general public, namely :- (i) each component of the fee, deposits and other charges payable by the learners admitted to such Higher Educational Institutions for pursuing a programme in Open and Distance Learning, and the other terms and conditions of such payment; (ii) the percentage of tuition fee and other charges refundable to a learner admitted in such Higher Educational Institutions in case such learner withdraws from such Higher Educational Institutions before or after completion of course or programme of study and the time within, and the manner in, which such refund shall be made to the learner; (iii) the number of seats approved in respect of each course or programme of Open and Distance Learning mode, which shall be in consonance with the resources; (iv) the conditions of eligibility including the minimum age of a learner in a particular course of programme of study, where so specified by the Higher Educational Institution; (v) the minimum educational qualifications required for admission in programme(s) specified by the relevant statutory authority or body, or by the Higher Educational Institution, where no such qualifying standards have been specified by any statutory authority; (vi) the process of admission and selection of eligible candidates applying for such admission, including all relevant information in regard to the details of test or examination for selecting such candidates for admission to each course or programme of study and the amount of fee to be paid for the admission test; (vii) details of the teaching faculty, including therein the educational qualifications and teaching experience of every member of its teaching faculty and also indicating therein whether such member is employed on regular or part time or visiting or contractual basis; (viii) pay and other emoluments payable for each category of teachers and other employees; (ix) information in regard to physical and academic infrastructure and other facilities, including that of each of the Learner Support Centres and in particular the facilities accessible by learners on being admitted to the HEI; (x) broad outline of the syllabus specified by the appropriate statutory body or by Higher Educational Institution, as the case may be, for every course or programme of study; and (xi) activity planner including all the academic activities to be carried out by the Higher Educational Institution during the academic session and the details of July cycle and January cycle shall be notified separately: Provided that the Higher Educational Institution shall publish information's referred to in clause (i) to (xi) on its website, and the attention of the prospective learners and the general public shall be drawn to such publication on its website and Higher Educational Institutions admission prospectus and the admission process shall necessarily be over prior to the beginning of the session: Provided further that the Higher Educational Institution may publish prospectus at any time before the expiry of sixty days. (g) No Higher Educational Institution shall, directly or indirectly, demand or charge or accept, capitation fee or demand any donation, by way of consideration for admission to any seat or seats in a course or programme of study conducted by it. (h) No person shall, directly or indirectly, offer or pay capitation fee or give any donation, by way of consideration either in cash or kind or otherwise, for obtaining admission to any seat or seats in a programme in Open and Distance Learning mode offered by a Higher Education Institution. (i) No Higher Educational Institution, who has in its possession or custody, of any document in the form of certificates of degree, diploma or any other award or other document deposited with it by a person for the purpose of seeking admission in such Higher Educational Institutions, shall refuse to return such degree, certificate award or other document with a view to induce or compel such person to pay any fee or fees in respect of any course or programme of study which such person does not intend to pursue or avail any facility in such Higher Educational Institution. (j) In case a learner, after having admitted to a Higher Educational Institution, for pursuing any programme in Open and Distance Learning mode subsequently withdraws from such Higher Educational Institutions, no Higher Educational Institution in that case shall refuse to refund such percentage of fee deposited by such learner and within such time as has been mentioned in the prospectus of such Higher Educational Institution. (k) No Higher Educational Institution shall, issue or publish- (i) any advertisement for inducing learners for taking admission in the Higher Educational Institution, claiming to be recognised by the appropriate statutory authority or by the Commission where it is not so recognised; or (ii) any information, through advertisement or otherwise in respect of its infrastructure or its academic facilities or of its faculty or standard of instruction or academic or research performance, which the Higher Educational Institution, or person authorized to issue such advertisement on behalf of the Higher Educational Institution knows to be false or not based on facts or to be misleading. (l) On being granted recognition under clause (i) of sub-regulation (4) of regulation 3, a Higher Educational Institution shall admit students to its approved programmes only from the academic session specified in the recognition order: Provided that enrolment of learners to the Higher Educational Institution, for any reason whatsoever, in anticipation of grant of recognition for offering a programme in Open and Distance Learning mode, shall render the enrolment invalid. ### 13. Evaluation and Certification. (1) The Higher Educational Institution shall adopt the guidelines issued by the Commission from time to time in regard to the conduct of examinations. (2) There shall be home assignments, students' response sheets, contact programmes and semester or year-end examination, and the marks or grades obtained in home assignment and response sheets shall be shown separately in the grade card. (3) A Higher Educational Institution offering Open and Distance Learning Programmes shall have a mechanism well in place for evaluation of learners enrolled through Open and Distance Learning mode and their certification. (4) A Higher Educational Institution offering a Programme in Open and Distance Learning mode shall adopt a rigorous process in development of question papers, question banks, assignments and their moderation, conduct of examination, evaluation of answer scripts by qualified teachers, and result declaration, and shall so frame the question papers as to ensure that no part of the syllabus is left out of study by a learner. (5) The examination of the programmes in Open and Distance learning mode shall be managed by the examination or evaluation Unit of the Higher Educational Institution and shall be conducted in the examination centre approved by the Higher Educational Institution. (6) The evaluation shall include two types of assessments continuous or formative assessment in the form of assignments, and summative assessment in the form of end semester examination or term end examination: Provided that no semester or year-end examination shall be held in a subject unless the Higher Educational Institution is satisfied that at least 75% of the programme of study stipulated for the semester or year have been actually conducted: Provided further that the weight age for "Term End Examination" shall not be less than 70%. (7) The `Examination Centre' shall be established within the territorial jurisdiction of the Higher Educational Institutions, subject to the following:- (i) The Examination Centre shall be located in Government schools such as Navodaya Vidyalaya, Kendriya Vidyalaya, Sainik school etc. including approved affiliated colleges under the University system in the country and no Examination Centres shall be allotted to any private organisations or unapproved Higher Educational Institutions. (ii) The Examination Centre shall have proper monitoring mechanisms for Closed-Circuit Television (CCTV) recording of the entire examination procedure and biometric system and in case of non-availability of the Closed-Circuit Television facilities, the Higher Educational Institution shall ensure that proper video-graphy be conducted and video recordings are submitted by particular in-charge of examination centre to the concerned Higher Educational Institution. (iii) The Higher Educational Institution shall retain all such Closed-Circuit Television recordings in archives for a minimum period of ten years. (iv) The attendance of examinees shall be authenticated through biometric system as per Unique Identification Authority of India (UIDAI) records or Unique Identification Number (UIN), issued by the University. (v) There shall be an observer for each of the Examination Centre appointed by the Higher Educational Institution and it shall be mandatory to have observer report submitted to the Higher Educational Institution. (8) The Learner Support Centres, within the territorial jurisdiction, may also be used as examination centres provided they fulfil the criteria of an examination centre and it shall be mandatory for the Higher Educational Institution to mention the name and place of `Learner Support Centre' and of `Examination Centre' on all the certificates or mark sheets issued to the students. (9) The Higher Educational Institution shall make a mention in the mark sheet and degree about the mode of delivery i.e. Open and Distance Learning and the photograph and the Unique Identification or Aadhaar number of the learner shall be mandatorily mentioned in all the documents issued by the Higher Educational Institution to the learner. (10) It shall be mandatory for the Higher Educational Institution to mention `Date of Admission' and `Date of Completion' on each of the certificates (in semester or end of the semester or end of the programme or course) issued by it. ### 14. Learner Support Centre. (1) A Higher Educational Institution offering programme in Open and Distance mode shall, within one year from the date of commencement of these regulations, ensure that a Learner Support Centre is established only in a college or institution affiliated to a University or in a government recognised Higher Educational Institution offering programmes in the same broad areas having the necessary infrastructure and human resources for offering the programme: Provided that a Higher Educational Institution may establish a special Learner Support Centre for imparting instruction to persons referred to in the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, the National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disability Act, 1999 and other persons in difficult circumstances, including jail inmates: Provided further that a Learner Support Centre shall not be set up under a franchisee agreement in any case. (2) A Learner Support Centre shall be the contact point or centre managed by the Higher Educational Institution for providing academic as well as administrative support to its learners, and shall perform such other functions as specified in Annexure X. (3) The Learner Support Centre shall be headed by a Coordinator who shall be a regular teacher not below the rank of a qualified Assistant Professor of the concerned College or Higher Educational Institution and assisted by the counsellors as decided by the Higher Educational Institution. (4) The Higher Educational Institution shall have a Standard Operating Procedure for the smooth functioning of the Learner Support Centre which shall include functions of the Learner Support Centres and its different functionaries, monitoring mechanism of different services provided by the Centre, and it shall be mandatory for the Learner Support Centre to maintain the learner data related to conduct of counselling sessions, evaluation of assignments and grievance redressal. ### 15. Learner Support Services. (1) A Higher Educational Institution offering programmes in Open and Distance Learning mode shall have guidelines for learner support services which is made available to all Learner Support Centres and accessible to the learners. (2) The learner support services to be provided by the Higher Educational Institution shall include the following, namely:- (i) pre-admission counselling for prospective learners to provide information to facilitate them in taking an informed decision on joining a specific programme; (ii) support for admission related matters; (iii) details of study material and information shall also be available on the website of the Higher Educational Institution; (iv) arrangement to ensure the delivery of study material to learners within a fortnight from the date of admission. (v) A full time dedicated help desk well versed with the learner information data base providing single window services for all learner related queries. (3) The University Grants Commission (Grievance Redressal) Regulations, 2012 shall be adopted and operationalised by the Higher Educational Institution, and the Higher Educational Institution shall institute a system of Grievance Redressal, in accordance with the guidelines specified in Annexure XI. (4) The Higher Educational Institution shall provide facilities for on-line guidance and counselling facilities to the learners. (5) The Higher Educational Institution shall create `on-line' discussion forum for learners. (6) The `Self Learning Material' in printed form shall be provided compulsorily to the learners and in addition, the Higher Educational Institution may provide additional learning resources through on-line mode, Compact Disks etc. Part-V Assessment, Accreditation, Audit, Inspection and Monitoring ### 16. Assessment, Accreditation and Audit. (1) A Higher Educational Institution offering programmes in Open and Distance Learning mode shall comply with University Grants Commission (Mandatory Assessment and Accreditation of Higher Educational Institutions) Regulations, 2012 and in any case shall apply for assessment and accreditation under those regulations for assessment and accreditation of the programmes offered by it in Open and Distance Learning mode: Provided that this sub-regulation shall not be applicable to Open Universities till the time they become eligible for National Assessment and Accreditation Council accreditation shall be mandatory for Open Universities to get National Assessment and Accreditation Council accreditation within one year of their becoming eligible for the same. (2) A Higher Educational Institution recognised under these regulations for imparting programmes in Open and Distance Learning mode shall get all its programmes assessed through the Centre for Internal Quality Assurance once in a year in the format prescribed by the Commission and the report on quality assurance shall, before the end of the academic year, be prominently placed on its website and a copy furnished to the Commission. ### 17. Powers of inspection and calling for information. (1) The Commission shall periodically review the performance of the Higher Educational Institution and for the purpose may direct the Higher Educational Institution to provide such information as it may require from the viewpoint of ensuring adherence of the regulations by the Higher Educational Institution, and the Higher Educational Institution shall be under obligation to provide such information in such time period as may be specified. (2) Where the Commission, either suo motu or on the basis of information received by it, considers it necessary, for reasons to be recorded in writing, may cause an inquiry through inspection or otherwise by such body of experts or as it may deem fit, to satisfy itself that all the mandatory requirements under these regulations are being complied with by the Higher Educational Institution imparting programmes in Open and Distance Learning mode and take appropriate action to get compliance enforced against the erring Higher Educational Institution. Part-VI Miscellaneous ### 18. Authority. (1) The Commission may authorise the officials of the Commission to perform various functions for implementing these regulations. (2) For the purposes of regulation 4, the Commission may delegate its power to hear and decide appeal to such person or persons, including officials of the Commission, as it may specify in writing. ### 19. Savings. (1) Nothing in these regulations shall pre-judicially affect a Higher Educational Institution in regard to the programme in Open and Distance Learning mode offered by it under permission of the Distance Education Council or the Commission, the students admitted in such programmes, and the Degrees or Diplomas or Post Graduate Diplomas in Open and Distance Learning mode awarded under permission of the then Distance Education Council or of the Commission, prior to coming into force of these regulations. (2) [ Certificates or Diplomas or Post Graduate Diplomas awarded by the Standalone Institutions which also have been approved by the Commission based on the policies of the then Distance Education Council of the Indira Gandhi National Open University for running Open and Distance Learning programmes till the academic year 2016-17 shall remain valid programmes in the field of Open and Distance Learning mode of education till the academic session 2017-18 and thereafter they shall be free to get converted their Standalone Institution status to University or constituent unit or institute of an existing university for the purpose of these Open and Distance Learning regulations, failing which, the Commission shall not accord any approval to the Open and Distance Learning programmes of Standalone Institutions.] [Substituted by Notification F. No. 2-4/2015 (DEB-III), dated 6th February, 2018 (w.e.f. 23.6.2017).] ### 20. Interpretation Clause. - In the event of conflict of opinion with regard to interpretation of these regulations, the opinion of the Commission shall be final. ### 21. [ Removal of difficulty. [Inserted by Notification F. No. 2-4/2015 (DEB-III), dated 6th February, 2018 (w.e.f. 23.6.2017).] - UGC reserves the right to remove difficulty/difficulties in the course of implementation of these Regulations in consultation with the Government of India, Ministry of Human Resource Development.] Annexure I Centre for Internal Quality Assurance (CIQA) ### 1. Objectives and Functions. - The objective of establishment of Centre for Internal Quality Assurance (CIQA) is to develop and put in place a comprehensive and dynamic internal quality assurance system to provide high quality programmes of higher education in the Open and Distance Learning mode. Its functions would inter alia include the following:- (i) To maintain quality in the services provided to the learners. (ii) To ensure continuous improvement in the entire operations of the Higher Educational Institution. (iii) To identify the key areas in which the Higher Educational Institution should maintain quality. (iv) To disseminate information on quality assurance. (v) To devise mechanisms for interaction and obtaining feedback from various Departments or Centres or Schools in the Higher Educational Institution. (vi) To suggest to the authorities of the Higher Educational Institution, measures for qualitative improvement. (vii) To ensure the implementation of its recommendations through regular monitoring. (viii) To ensure participation of all stakeholders namely, learners, teachers, staff, parents, society, employers, and Government in quality improvement processes. (ix) To prepare Programme Project Report and ensure another launch of programme(s). (x) Collection, collation and dissemination of accurate, complete and reliable statistics about the quality of the programme(s). ### 2. Activities of Centre for Internal Quality Assurance. - To fulfill the above objectives the Centre for Internal Quality Assurance shall - (i) prepare a Programme Project Report for each programme according to the norms and guidelines prescribed by the Commission and wherever necessary by the appropriate regulatory authority having control over the programme; (ii) get the Programme Project Report approved by the appropriate authority of the Higher Educational Institution and the Commission before launch of the programme; (iii) oversee the development of Study Learning Material (SLM), integration of Information and Communication Technology (ICT), setting up of Learning Centres and coordination with the parent institution and relevant Regulatory authorities; (iv) put in place monitoring mechanism to ensure the proper implementation of Programme Project Reports; (v) design annual plans for quality level enhancement at the level of the Higher Educational Institution and ensure their implementation; (vi) arrange for feedback responses from students, employers and other stakeholders for quality related institutional processes; (vii) develop quality benchmarks or parameters for the various academic and administrative activities of the Higher Educational Institution; (viii) obtain information from other Higher Educational Institutions on various quality benchmarks or parameters and best practices; (ix) organise workshops or seminars on quality related themes and Higher Educational Institution wise dissemination of the proceedings of such activities; (x) suggest restructuring of programmes in order to make them relevant to the job market; (xi) develop and implement innovative practices in major areas leading to quality enhancement in services to the learners; (xii) create learner centric environment rather than institution centric environment; (xiii) cultivate creativity and innovation in the faculty and staff; (xiv) adopt measures to ensure internalisation and institutionalisation of quality enhancement practices through periodic accreditation and audit; (xv) conduct or encourage system based research to bring about qualitative change in the entire system; (xvi) coordinate between the Higher Educational Institution and the Commission for various quality related issues or guidelines; (xvii) record activities undertaken on quality assurance in the form of an annual report; and (xviii) to coordinate recognition and accreditation of the Higher Educational Institution. ### 3. It will be mandatory for all Higher Educational Institution to submit Annual Reports to its Statutory Authorities or Bodies about the activities undertaken by Centre for Internal Quality Assurance during the financial year. ### 4. Establishment of Centre for Internal Quality Assurance. - The Centre for Internal Quality Assurance will be established in all Higher Educational Institutions offering programmes in Open and Distance Learning mode and should be headed by a full-time Director, being a senior academician of the rank of Professor, who shall be supported by adequate number of academic and other staff. ### 5. A Centre for Internal Quality Assurance Committee should be constituted which shall be chaired by its Director, and consisting of academic staff and internal quality auditors nominated from various functions or departments of the Higher Educational Institution. It shall perform following functions:- (i) decide policies for programme development methodology and programme delivery mechanism that are aligned with the vision and mission of the Higher Educational Institution; (ii) advice on any issues related to programme development, Information and Communication Technology intervention and implementation, learning and teaching, collaboration referred to the Committee; (iii) supervise academic approval and related modification procedures and to ensure that programmes satisfy stated design requirements and academic standards appropriate to the type and level of award as per philosophy of the Open and Distance Learning mode of education; (iv) promote automation of academic and administrative activities of the Higher Educational Institution, Regional Centres and Study Centres or Learning Support Centres; (v) oversee and report on the effectiveness of systems for self-evaluation and monitoring; (vi) appoint external subject experts or agencies or organisations for validation and annual review of its in-house process, its Learner Support Centres, Open and Distance Learning mode programmes etc.; (vii) appoint third party auditing bodies for quality audit of programme(s); (viii) approval of Self-Appraisal Report to be submitted to the Assessment and Accreditation agencies on behalf of Higher Educational Institution; (ix) promote collaboration and association for quality enhancement of Open and Distance Learning mode of education and research therein; and (x) encourage industrial involvement and industry-institution linkage for providing exposure to the learners. Annexure II Quality Monitoring Mechanism The guidelines on quality monitoring mechanism are required to be adopted by the Centre for Internal Quality Assurance for conducting institutional quality audits, to promote quality assurance and enhance as well as spread best-in-class practices of quality assurance. Quality monitoring needs to be addressed under the following broad areas, namely:- (a) Governance, Leadership and Management - This relates to the policies and practices of Higher Educational Institutions (HEIs) in the matter of planning, human resources, recruitment, training, performance appraisal, financial management and the overall role of leadership, with a focus on the following key aspects : (i) Organisation Structure and Governance : The Higher Educational Institution is ultimately responsible for quality programmes and learning outcomes. Therefore, it is required that the Institution should fill all required positions in the Directorate or Centre or Department and in the Learner Support Centres as prescribed by the Commission, and establish a credible governance system. (ii) Management : Effective leadership by setting values and participative decision-making process is the key to achieve the vision, mission and goals of the Higher Educational Institution. Therefore, it is required to assess and review the organisational culture to support the management and leadership of the institution to achieve such vision, mission and goals. (iii) Strategic Planning : The leadership of the Higher Educational Institution is expected to provide clear vision and mission. Its functions are to be governed by the principles of participation and transparency. Therefore, the Higher Educational Institution is expected to do strategic planning of its activities and implementing by aligning those with academic and administrative aspects to improve the overall quality. (iv) Operational Plan, Goals and Policies : The Higher Educational Institutions derives the operational plan from its strategic plan that defines targets and measures of the programmes to be achieved by the Institution. The Operational Plan is used as a guideline for the annual planning of programs and activities. The Higher Educational Institution needs to have well defined goals which are realistic and measurable. Equally important is to have well-defined policies that are in sync with its strategic plan and are realistic and achievable. The Higher Educational Institution needs to have clearly stated guidelines in the implementation of its policies and plans. Further, the institution needs to have a transparent and accountable system for its policies and planning that are well communicated to its stakeholders. (b) Articulation of Higher Educational Institutions Objectives - The Higher Educational Institutions are expected to provide holistic and quality education with a professional focus, the creation of knowledge and innovation, and the practical application of the knowledge to support the business and professional community. Accordingly, the Higher Educational Institution should articulate a clear vision, mission, ethos and broad strategy consistent with the goals to strengthen its position for offering programmes in Open and Distance Learning mode. (c) Programme Development and Approval Processes - This area of concern relates to programme development and approval mechanism for the programme(s) to be launched, covering the following key aspects: (i) Curriculum Design : The Higher Educational Institution plays the foremost role in the curriculum design and development of learning content and therefore, it is expected to have processes, systems and structures in place to carry these responsibilities. Curriculum design is a process of developing appropriate need-based curriculum in consultation with expert groups, based on the feedback from stakeholders, resulting in the development of relevant programmes with flexibility, to suit the professional and personal needs of the learner and realisation of core values. The key aspect is also to consider the good practices of the Institution in initiating a range of programme options and courses that are relevant to the local needs and in tune with the emerging national and global trends. (ii) Curriculum Planning and Implementation : It is required that the Higher Educational Institution shall have specific implementation plans for identifying the time to be spent on specific components of the implementation phase. It is the basis for the effectiveness of the programme(s) and their usefulness as a whole. (iii) Academic Flexibility : Academic flexibility is the key feature of the Open and Distance Learning mode of education and refers to freedom in the use of the time-frame of courses, vertical mobility, and inter-disciplinary options facilitated by curricular transactions. Therefore, the Higher Educational Institution shall adopt proper strategies for imparting academic flexibility. (iv) Learning Resource : Learning Resource is a key component of the Open and Distance Learning mode of education. Learning resource can be of print and digital mode. Considering the need of blended learning, the Higher Educational Institution should also develop e-resources for the learner to refer and study. There is no or very little interaction of teachers with the learners, the content and structure of learning resources play a vital role in the Open and Distance Learning mode of education. Therefore, it is required that each Higher Educational Institution shall ensure the quality of learner resources and their periodical review. While deciding on the appropriateness of the media and the technologies, the Higher Educational Institution should take into consideration various factors - the media and technology utilised matches the course content in order to enhance and expand learning, and to match to the learners' needs; that these are accessible, practical and equitable, and cost effective to the learners. (v) Feedback System : The process of revision and redesign of curricula shall be based on recent market dynamics, industrial developments, research and feedback from the stakeholders including learners. The feedback from all stakeholders in terms of its relevance and appropriateness in catering to the needs of the society, economy and environment are also considered in this key aspect. (d) Programme Monitoring and Review - The Higher Educational Institution shall plan and execute programme monitoring review system which should include a programme management structure, annual programme reviews, external benchmarking, channels for collecting learner feedback, and development of improvement plans and actions to close the feedback. To maintain the quality of academic programme, it is required to conduct periodical internal reviews. For such reviews the Institution shall also consider the achievements of learning outcomes that are assessed through the examination system. (e) Infrastructure Resources - This criterion seeks to elicit data on the adequacy and optimal use of the facilities available in a University or Institution to maintain the quality of academic and other programmes - physical facilities, library (or e-library), Information Technology infrastructure, etc. It also requires information on how every constituent of the Institution; the learners, teachers or Counsellors and staff - benefits from these facilities. (f) Learning Environment and Learner Support - The learner support unit is responsible for the delivery of services to all learners. The learner support services including library services shall be accessed electronically by the learner. "Physical library" and classroom environment is the core requirement for programme delivery through offline and blended mode. Additionally, Higher Educational Institution shall establish virtual facilities as component of the learning environment which are focused around the pedagogical use of modern educational practices to support blended learning. Learner Support Services shall be provided through the campus-wide portal and e-Learning platform. The Institution shall take a more sophisticated approach to the use of Information and Communication Technology and expertise in e-learning. The approach shall provide a seamless learner-centred environment. (g) Assessment and Evaluation - Learning outcomes are the specifications of what a Learner shall learn and demonstrate on successful completion of the course or the programme. It can also be seen as the desired outcome of the learning process in terms of acquisition of the skills and knowledge. They are embedded in the curriculum. Achieving Learning Outcomes needs specific experiences to be provided to the Learner and evaluation of their attainment. The Institution needs to ensure that the purposes of assessment are clearly described in the course materials, and the learners are able to access some of the assignments. A programme that states Learning Outcomes that are not evaluated or assessed gets neglected in implementation. Hence all the stated Learning Outcomes must be part of the evaluation protocol of the programme. Learner assessment provides an indication of the areas where learning has happened and where it has to be improved upon. The Higher Educational Institutions shall execute the assessment and evaluation through varied assessment tools including multiple choice questions, projects, reports, case-studies, presentations, and term-end examinations, to suit the different learning outcomes expected of the course elements. The Higher Educational Institutions shall have proper assessment and moderation system for assessing the learning outcomes of learners. (h) Teaching Quality and Staff Development - The Higher Educational Institutions shall have a well established structure for promoting quality counselling and provide staff development programmes and activities to encourage academic staff to improve teaching and learning. The Higher Educational Institution should provide the support for the academic staff in understanding and implementing the institutional learning outcomes and subject learning outcomes. The Institution also needs to ensure that the academic staff is conversant with formative and summative assessment procedures and their importance in the learning process. Process of Quality Audit (A) Academic Planning : The main purpose of academic planning is to ensure that the overall portfolio of delivered programmes offered by the Higher Educational Institutions is relevant to market needs, reflects the Institution's strategic direction and offers a high quality `value-added' learner experience. Academic planning promotes robust and appropriate procedures to help ensure that every new programme starts with the best chance possible to admit and retain viable learner cohorts. The Institution has a streamline modification process to support staff in ensuring that the curriculum remains up to date. The guiding principle behind this process is that all relevant stakeholders are communicated and consulted with and learners' needs are assessed while launching new programmes. (B) Validation : The main purpose of validation is to assure the Higher Educational Institution that a new programme is academically viable, that academic standards have been appropriately defined and that it will offer learners the best opportunity to learn. (C) Monitoring, evaluation and enhancement plans : Across the Higher Educational Institution, there would be various levels from where the reports are being generated to ensure quality deliverance of the Open and Distance Learning programmes and their final outcomes. The same are described as follows : (i) Reports from Learner Support Centre : The Higher Educational Institution shall collect the report of academic activities and other related activities periodically from Learner Support Centres. There should be details of all the activities related to academic planning, counselling, learner support, etc. The Higher Educational Institution shall adopt the technological solutions for easy receipt of these reports. These reports will be the base for the quality audit. (ii) External examiner or other external agencies report: Programme development teams and Centre for Internal Quality Assurance team shall consider the comments made by experts and third party of quality audit. The Higher Educational Institution shall also encourage to consider the adoption of identified good practices that will benefit and develop the programme. (iii) Systematic consideration of performance data at programme, faculty and Higher Educational Institution levels : In order to make a meaningful evaluation and audit, the Higher Educational Institution needs easy access to performance monitoring information such as course pass rates, learner entry profiles and progression and achievement reports. These shall be produced and available through web-based application. The data collected through the application will be useful for report making at the Higher Educational institution. (iv) Reporting and Analytics by the Higher Educational Institution : Further, the Higher Educational institution shall generate the required reports out of such web-based applications and analyze learner and academic analytics for deciding the improvements to be executed for stronger performance. (v) Periodic Review : The Higher Educational institution needs to have an effective system for soliciting feed-backs from the stakeholders regularly to improve its programmes. There is a need for an integrated quality assurance system for its programmes and implementation units, including the Learner Support Centres. The Higher Educational institution needs to conduct self-assessments regularly and uses the results to improve its operations and programmes. Annexure III Minimum Standards to be Maintained at Examination Centres ### 1. The examination centre must be centrally located in the city, with good connectivity from railway station or bus stand, for the convenience of the students. ### 2. The number of examination centres in a city or State must be proportionate to the student enrollment from the region. ### 3. Building and grounds of the examination centre must be clean and in good condition. ### 4. The examination centre must have an examination hall with adequate seating capacity and basic amenities. ### 5. Fire extinguishers must be in working order, locations well marked and easily accessible. Emergency exits must be clearly identified and clear of obstructions. ### 6. The examination centre must provide adequate lighting, ventilation and comfortable seating. Safety and security of the examination centre must be ensured. ### 7. Restrooms must be located in the same building as the examination centre, and restrooms must be clean, supplied with necessary items, and in working order. ### 8. Provision of drinking water must be made for learners. ### 9. Adequate parking must be available near the examination centre. ### 10. Facilities for Persons with Disabilities should be available. Annexure IV Courses or Study Centres or Off Campuses and Territorial Jurisdiction of Universities a) A Central or State Government University can conduct courses through its own departments, its constituent colleges or through its affiliated Colleges. b) A university established or incorporated by or under a State Act shall operate only within the territorial jurisdiction allotted to it under its Act and in no case beyond the territory of the state of its location. c) The private universities and deemed universities cannot affiliated any college or institution for conducting courses leading to award of its diplomas, degrees or other qualifications. d) No university, whether central, state, private or deemed, can offer its programmes through franchising arrangement with private coaching institutions even for the purpose of conducting courses through distance mode. e) All universities shall award only such degrees as are specified by the University Grants Commission and published in the Official Gazette. f) The University shall conduct their first degree and Master's degree programmes in accordance with the regulations notified by the Commission in this regard. Regulating provisions (A) University Grants Commission Regulations on Private Universities. - A Private university established under a State Act shall be a unitary University. A private university may be permitted to open off campus centres, off shore campuses and study centres after five years of its coming into existence subject to the fulfilment of conditions as laid down under University Grants Commission (Establishment of & Maintenance of Standards in Private Universities) Regulations, 2003. As of now, the University Grants Commission has not granted permission to any Private University to establish off-campus or study centre. (B) University Grants Commission Regulations on Deemed Universities. - A Deemed University shall operate only within its Headquarters or from those off campuses or off-shore campuses which are approved by the Government of India through notification published in the Official Gazette. In case of distance education programmes, no institution deemed to be university, so declared by the Government of India after 26th May, 2010 [date of publication of University Grants Commission (Institutions Deemed to be Universities) Regulations, 2010] is allowed to conduct courses in the distance mode. The institutions deemed to be universities declared before 26th May, 2010 are not allowed to conduct courses in distance mode from any of its off-campus centres or off-shore campuses approved after 26th May, 2010. Approval for new courses and extension of approval of the courses already run by the Deemed to be Universities under distance mode would be granted by the University Grants Commission subject to the fulfilment of conditions as laid down by the University Grants Commission. The University Grants Commission has not granted approval to any deemed to be university to establish study centres. Any information or clarification with regard to recognition of Private Universities or Deemed Universities and the courses offered by them may be obtained from JS (CPP-I) University Grants Commission, Bahadurshah Zafar Marg, New Delhi. (C) Distance Education programmes of the Central Universities and State Government Universities. - The Central or State Government Universities can conduct courses through distance mode in accordance with the provisions of their respective Act and after the approval of the University Grants Commission. Annexure V Competencies of Counsellor in a Learner Support Centre ### 1. Should be a post graduate from a recognised University. ### 2. Familiarity with basic research on the characteristics of Distance learners, their needs and difference from conventional face-to-face education. ### 3. Application of basic principles of instructional design. ### 4. Thorough knowledge of subject matter and common misconceptions related to the course(s) . ### 5. Deep understanding of the necessity of learner-centred environment in online and blended learning mode. ### 6. Ability to design constructivist learning environment. ### 7. Practical applications of learning theories, self-paced instruction, and computer-mediated communication and learning. ### 8. Ability to foster a sense of community among learners. ### 9. Adaptability and flexibility with the capabilities and limitations of the delivery media. ### 10. Familiarity with the delivery medium to provide basic troubleshooting. ### 11. Ability to multitask. ### 12. Time management (e.g. respond to learners in timely manner, extensive and advance preparation and planning). ### 13. Professional characteristics (e.g. motivated to teach, self-confident, articulate, good writer). Annexure VI Academic and Infrastructural Requirements I. Open Universities or Single Mode Higher Educational Institutions - The following positions are on full time and dedicated basis, excluding the designated positions in the Open Universities as per their respective Act(s) : - A. Staffing Norms at Headquarters: ### 1. Head for each school at the Professor level. ### 2. Academic staff strength per discipline or specialisation or programme under a school. Minimum three faculty members are required as per the following : | | | | --- | --- | | Associate Professor : | 1 | | Assistant Professor : | 2 | | 3. Administrative staff strength at Headquarters or Main Campus (up to 10,000 students) : | | Deputy Registrar : | 1 | | Assistant Registrar : | 1 | | Section Officer : | 1 | | Assistants : | 3 | | Computer Operator : | 2 | | Multi Tasking Staff: | 2 | | In case of the enrolment higher than 10000, Open University may increase the number of positions appropriately. | | Teacher : Non Teaching Staff (NTS) ratio - 1:2 shall be maintained. | B. Physical Infrastructure: Minimum requirement will be as per University Grants Commission (Fitness of Open Universities for Grants) Rules, 1988 and as amended from time to time, except for the existing Open Universities for the purpose of these regulations. II. Centre for Distance Education (CDE) /Dual Mode Higher Educational Institutions A. Staffing Norms at Headquarters: ### 1. Director : (permanent, full time Professor) preferably having professional experience in distance education) ### 2. Academic staff strength : At least two faculty member (full time-dedicated for Open and Distance Learning (ODL) courses) per discipline or specialisation or programme at Associate and Assistant Professor level. ### 3. Administrative staff strength at Headquarters or Main Campus (upto 5,000 students): | | | | --- | --- | | Deputy Registrar : | 1 | | Assistant Registrar : | 1 | | Section Officer : | 1 | | Assistants : | 2 | | Computer Operator : | 2 | | Class IV: | 2 | In case of the enrolment higher than 5000, Centre for Distance Education or University may increase the number of positions appropriately. Teacher : Non-Teaching Staff (NTS) ratio -1: 2 shall be maintained B. Physical Infrastructure Total Built-up area for Open and Distance Learning activity: Minimum 15000 sq. ft. (carpet area): | | | | | | --- | --- | --- | --- | | Sl.No. | Built-up Area Type | Percentage (%) | Built-up Area (Carpet Area, in sq ft) | | 1 | Academic | 50% | 7500 | | 2 | Administrative | 10% | 1500 | | 3 | Academic support such as Library, Reading room, Computer Centre, Informational and Communication technology Labs, Video and Audio Labs etc. | 30% | 4500 | | 4 | Amenities or other support facilities | 10% | 1500 | | Total | 15000 | Note: Built up area for toilets shall be separate. Annexure VII Quality Assurance Guidelines Of Learning Material In Multiple Media, Human Resource, Curriculum And Pedagogy ### 1. Learning Material (Print Media). - Learning Material through print-media is termed as Self Learning Material, being developed with the approach of self explanatory, self-contained, self-directed, self-motivating and self-evaluating. The following is an indicative list of quality standards for print material: (a) The Self Learning Material shall be designed with the approach of two-way communication between the learner and content. (b) The Self Learning Material shall involve the learner actively through various experience-based activities and assignments. (c) The learner should get clear information about the structure of the programme and course. (d) There shall be detail learning map in Self Learning Material for the learner so that he or she will be self-directed for completion of his or her studies. (e) The content of Self Learning Material shall be developed with dialogue and personal system of writing method which will create the nature of interactivity in Self Learning Material. (f) The Self Learning Material shall encourage learner to apply new knowledge and skills. (g) There shall be clear definition of learning objectives and outcomes. (h) The content shall be divided into small sections (blocks) and sub-sections (units & sub-units) for effective learning. (i) There shall be an assignment on each learning objective for self-assessment. (j) The learner shall be directed through problem solving activities as applicable to nature of the course. (k) The Self Learning Material shall be developed in defined formats with following features : (i) Consistent layout and format. (ii) Inclusion of overview of content. (iii) A unit structure at the beginning of the unit. (iv) Plenty of examples. (v) Reference to prior learning. (vi) Inclusion of national or international case lets and case studies. (vii) Content in segments synchronised with learning objectives and outcome. (viii) Explanation of icons used in content. (ix) Appropriate sequence of material. (x) Explanation on technical, new, difficult terms or word in a glossary section. (xi) Inclusion of adequate suggested reading (both print and online). ### 2. Audio-Video Material: Quality Standards - (a) There shall be adequate consideration of learners' prior knowledge, skills and attitudes. (b) Level and style of language shall be appropriate. (c) There shall be clear information on types of support material and study activities to be used by the learner. (d) It shall be clear and unambiguous, also preferably free from pedagogic jargon. (e) The aim, objective and target audience for the Audio Video material shall be clearly defined. (f) It shall be capable of being evaluated to conform to the learning outcomes. (g) There shall be clear guidelines with regard to the use of the Audio or Visual material vis-a-vis other content of the course. (h) AV Material shall be developed in forms and formats that will be easily accessible by the learners. (i) There shall be separate Audio Video manual for giving the guidelines of using the Audio Video material in study. (j) Audio Video Material shall provide continuity and coherence within and between audio-based study sessions. (k) There shall be synchronisation of Sound and Image in Audio Video material. (l) There shall be appropriate graphics and animations relevant to the course content. (m) There shall be appropriate `visual texture' and rate of change of image to keep the learner involved. ### 3. Online Material: Quality Standards - (a) The course shall be organised into units and lessons. (b) There shall be description of unit overview along with objectives, activities, assignments and resources that frame the unit. (c) Availability of a program map and correlation matrix among the courses in the programme. (d) There shall be description of credit value of each module or unit in the course. (e) There shall be clear guidelines on academic integrity and netiquette (internet etiquette) expectations regarding lesson activities, discussions and plagiarism. (f) There shall be lesson overview, content and activities, assignments to provide the learning opportunities for learner to master the content. (g) The course shall be designed to teach concepts and skills that the learner will retain throughout the study. (h) There shall be multiple learning paths for engaging the learner in active learning (i) The content shall provide opportunities for learners to engage in high-order thinking, critical-reasoning activities and thinking in increasing by complex ways. (j) There shall be appropriate readability levels, written language assignments and mathematical requirements. (k) The content shall provide for periodical feedback about the learning process. (l) The course shall be easy to navigate. (m) There shall be declaration of textbooks, course-ware, and online resources necessary to refer additionally to complete the course (n) The content shall be accessible on various devices. (o) The online material shall satisfy the needs of learners with disabilities ### 4. Computer-based material: Quality Standards - (a) The Computer-based material shall provide an environment for practise, at the learner's own pace and in his own time. (b) The Computer-based material shall provide an environment for self-assessment. (c) It shall allow learners to develop analysis and decision-making skills, to discover principles and concepts for themselves. (d) The course shall be organised into units and lessons. (e) There shall be description of unit overview along with objectives, activities, assignments and resources that frame the unit. (f) Availability of a program map and correlation matrix among the courses in the programme. (g) There shall be description of credit value of each module or unit in the course. (h) There shall be lesson's overview, content and activities, assignments to provide the learning opportunities for learner to master the content. (i) The course shall be designed to teach concepts and skills that the learner will retain throughout the study. (j) There shall be multiple learning paths for engaging the learner in active learning. (k) The content shall provide opportunities for learners to engage in high-order thinking, critical-reasoning activities and thinking in increasing by complex ways. (l) There shall appropriate readability levels, written language assignments and mathematical requirements. (m) The course shall be easy to navigate. (n) There shall be declaration of textbooks, course-ware, and online resources necessary to refer additionally to complete and master the course. (o) The Compute-based material shall satisfy the needs of learners with disabilities. ### 5. Curriculum and Pedagogy: Quality Standards - (a) The curriculum objectives shall be consistent with the mission of the HEI. (b) There shall be involvement of all the stakeholders in the process of framing the curriculum objective. (c) The curriculum shall be designed by adopting University Grants Commission Model Curriculum and incorporating local or regional needs. (d) There shall be rationale for the appropriateness of the curriculum to the stage of learning. (e) There shall be linkages of the curriculum to previous and subsequent stages of learning. (f) There shall be such learning experiences which allow a diversity of methods (like learning from practice, opportunities for distributed and concentrated practice, learning with peers, learning in formal situations inside and outside the department, personal study, specific teacher inputs etc). (g) The structure of curriculum shall be defined. (h) There shall be a complete strategy on teaching and learning methods. (i) There shall be a decision made on types of media content used. (j) There shall be a comprehensive decision on assessment & evaluation techniques. (k) The content shall be reliable and justify the learning outcome(s). (l) There shall be clear definition of intended outcomes of learning, bench marked to identifiable stages of learning. (m) There shall be the use of reference points and expertise from outside the Higher Educational Institution, if required, in programme design and in the processes of programme development and approval. (n) There shall be relevance of curriculum to national competency requirement. (o) There shall be description of credit value of each module or unit in the course. Table I: Norms for offering programmes through Distance mode based on credit system | | | | | --- | --- | --- | | Duration of the Programme | Credits | Level of the programme | | 3 years | 96-100 | Bachelor's Degree (General) | | 2 years | 64-72 | Master's Degree (General) | Table 2 : Norms for delivery of courses through distance mode | | | | | | | | --- | --- | --- | --- | --- | --- | | No. of Assignments | Practical Sessions | No. of Counselling Sessions Theory (10% of total study hours) | Size of SLMs Range (in terms of units, to be divided into blocks) | Study input | Credit Value of the course | | 1 | 60 hours | 6 hours | 6-8 units | 60 hours | 2 Credits | | 2 | 120 hours | 12 hours | 14-16 units | 120 hours | 4 credits | | 3 | 180 hours | 18 hours | 20-24 units | 180 hours | 6 credits | | 4 | 240 hours | 24 hours | 30-34 units | 240 hours | 8 credits | Table 3: Norms of Credit Structure for Self Learning Material Development Non-Print Form | | | | | | --- | --- | --- | --- | | No. of counselling sessions (theory) | Size of e-content (in terms of units) | Study input | Credit value of the course | | Syn Chat 5% | Asyn\*\* Discussion Forum (comp) | Syn\* (f2f) (optl) 10% | | 3 hrs | 2-10 topics per course as per the subject | 6 hrs | 6-8 units | 60 hours | 2 credits | | 6 hrs | -do- | 12 hrs | 14-16 units | 120 hours | 4 credits | | 9 hrs | -do- | 18 hrs | 20-24 units | 180 hours | 6 credits | | | -do- | 24 hrs | 30-34 units | 240 hours | 8 credits | \* Syn : Synchronous \*\*Asyn : Asynchronous # f2f : face-to-face Annexure VIII Guidelines on Preparation of Self-Learning Material Overview - Self Learning Material is developed with the approach of self-explanatory, self-contained, self-directed, self motivating and self-evaluating. The major challenge for the Open and Distance Learning system is near absence of the teacher. Therefore, it is very essential to pre-plan each of the activities. The learning material plays a vital role in this system and it includes Self-Learning Material in print and electronic form. A key challenge of Learning Material is ensuring that its writing is to be in a way that is engaging and which actively involves the learners. Another challenge of learning material is rapidly changing technology and deploying traditional teaching-learning methods through these technologies. Therefore, it is necessary to have the proper planning prior to development of the learning material. During the planned period, the following points should be considered very carefully:- • backgrounds of learner and learning needs; • learning experiences; and • support and preparation in adapting to flexible learning. ### 2. Learning materials place much more emphasis on the processes of learning. Following are the major ingredients to be considered while developing the learning material by authors (in case of print material) and instructional designers (in case of e-learning material):- (a) learning objectives (b) assessment of prior knowledge (c) learning activities (d) feedback of learning activities (e) examples and illustrations (f) self-assessment tests (g) summaries and key points (h) study tips ### 3. The learning material should be developed with the constructivist approach and that should lay emphasis on real world tasks, learner's choice of tasks or situations, case studies, collaborative learning tasks, opportunities for observing others, self-evaluation. The Higher Educational Institution may also adopt or procure the Learning Materials from expert agencies or consultant if it saves the time and cost without compromising on the quality. ### 4. Planning for development of learning material. - Due to the near absence of the teachers in the Open and Distance Learning mode, the learner has the opportunity to take the decision(s) at any point during the learning path. This may create disagreement between learner's perception and the objective of the learning material. Therefore, it is required to consider the following key points during planning for the development of learning material. (a) Learner Profile : It is required to consider literacy level (including level of language proficiency), age group, information communication technology skills, aim of study, personal background and home situation, prior knowledge, prior skills, learning situations, etc. (b) Background : In Open and Distance Learning system, learner studies at his pace and not like face-to-face mode. Most of the learners are working professionals and they get time to study at their homes. If we add certain references which they cannot access at home, then it will create an obstacle in their learning. Therefore, it is necessary to consider the accessibility of course resources and references at the place of learning. (c) Learning Objectives and Outcome : It is required to define the learning objectives and outcomes prior to initiating the process for the learning material development. The learning objectives can be of terminal, intermediate or enabling nature. These learning objectives can be set at course, unit, or module level. ### 5. Group of Learning Material - Considering the principles of Open and Distance Learning mode of education, the programmes shall be accompanied with learning material or resources which shall comprise of self-learning material or e-learning material, e-books, practical book, student's handbook, question bank, assignment book, Audio Video material, programme guide, project manual, etc. Standards of Self Learning Material (SLM) in Print Form (i) The Self Learning Material shall be developed as per the defined credit structure of the programme. (ii) The Self Learning Material shall involve the learner actively through various experience-based activities and assignments. (iii) The learner shall get the clear information about the structure of the programme and the course. (iv) There shall be a detailed learning map in the Self Learning Material for the learner so that she or he will be self-directed for completion of their studies. (v) The content of the Self Learning Material shall be developed with dialogue and personal system of writing method which will create a nature of interactivity in the Self Learning Material. (vi) The Self Learning Material shall encourage the learner to apply new knowledge and skills. (vii) There shall be clear definition of learning objectives and outcomes. (viii) The content shall be divided into small sections (blocks) and sub-sections (units & sub-units) for effective learning. (ix) Activities shall be included in each unit of the Self Learning Material. (x) There shall be assignments on each learning objective for self-assessment. (xi) The learner shall be directed through problem solving activities as applicable to the nature of the course. ### 6. Standards of Self Learning Material (SLM) in Non-print Form. - The learners' perspective is an important aspect of quality assurance for e-learning. High-quality e-learning content should be designed by skilled content and instructional design professionals. Good instructional design will reflect best practices and research on teaching and learning. The key principles of designing e-learning content are: (1) consistent layout and design; (2) clear organisation and presentation of information; (3) consistent and easy-to-use navigation; and (4) aesthetically pleasing design and graphics. Thus, the standards of Self Learning Material in non-print form as under:- (i) The e-learning material shall be designed as per the credit structure of the online programme. (ii) The course shall be organised into units and lessons. (iii) There shall be description of unit overview along with objectives, activities, assignments and resources that frame the unit. (iv) Availability of a programme map and correlation matrix among the courses in the programme. (v) There shall be description of credit value of each module or unit in the course. (vi) There shall be clear guidelines on academic integrity and netiquette (internet etiquette) expectations regarding lesson activities, discussions and plagiarism. (vii) There shall be lesson overview, content and activities, assignments to provide the learning opportunities for learner to master the content. (viii) The course shall be designed to teach concepts and skills that the learner will retain throughout the study. (ix) There shall be multiple learning paths for engaging the learner in active learning. (x) The content shall provide opportunities for learners to engage in high-order thinking, critical-reasoning activities and thinking in increasing by complex ways. (xi) There shall be appropriate readability levels, written language assignments and mathematical requirements. (xii) The content shall provide for periodical feedback about the learner process. (xiii) The course shall be easy to navigate. (xiv) There shall be declaration of textbooks, course ware, and online resources necessary to refer additionally to complete and master the course (xv) The content shall be accessible on various devices. (xvi) The e-Learning Material shall satisfy the needs of learners with disabilities. Annexure IX Guidelines on Programme Project Report (PPR) Overview - A Programme Project Report (PPR) of a Higher Educational Institution is a document prepared to introduce a new programme, which includes details of - (a) programme objectives and outcomes; (b) nature of target group of learners; (c) appropriateness of the programme with quality assurance for acquiring specific skills; (d) programme content designing and developing; (e) cost estimates for development of the programme; and (f) admission, delivery and evaluation norms. The Programme Project Report is a self-disclosure by the Institution about launching the programme in the Open and Distance Learning mode. The Institution has to define specific aims and objectives for each of the academic programmes which will give the direction to launch a programme and will allow to focus on results. At the end, these aims and objectives will help to demonstrate what has been achieved. The programme shall be planned with clear deliver ables and knowledge experiences to be gained. ### 2. Need to Prepare Programme Project Report (PPR) - A Programme Project Report is required to be prepared before introducing any new programme duly approved by its highest academic authority. The main contents of the Programme Project Report are as follow:- (a) Programme's mission & objectives : The Higher Educational Institution (HEI) shall define the mission statement and objectives for the programme to be launched, which shall reflect the strategic direction and the academic goals of the Higher Educational Institution. Those shall be aligned with industrial or learners' demand, and shall be defined in such a manner that they are appropriate to be achieved. (b) Relevance of the program with HEI's Mission and Goals : The Higher Educational Institution shall plan for such a programme to be offered through the Open and Distance Learning mode that is relevant to the Higher Educational Institution's mission and goals. Therefore, it is very much important that the programme to be offered through Open and Distance Learning should be aligned with Higher Educational Institution's mission and goal and will prove as major contributing factor in its achievement. (c) Nature of prospective target group of learners: The Higher Educational Institution shall identify the target group of learners. It is required to understand their learning needs and on its basis the curriculum should be aimed. The Higher Educational Institution should also consider diverse class of learners including a class having of low level of disposable income, rural dwellers, women, unskilled men, minorities etc. (d) Appropriateness of programme to be conducted in Open and Distance Learning mode to acquire specific skills and competence : The Higher Educational Institution shall clearly identify the learning outcomes for the programme which shall cover the specific skills and competence to be acquired by the learner. The programme should be aimed appropriately to those learning outcomes. The learning outcomes shall include the development of knowledge and understanding appropriate to the area of study and these should also reflect academic, professional and occupational standards of that field. The learning outcomes should incorporate generic transferable skills and competencies. (e) Instructional Design : Instructional Design includes Curriculum design, detailed syllabi, duration of the programme, faculty and support staff requirement, instructional delivery mechanisms, identification of media - print, audio or video, online, computer aided, and student support service systems. The Higher Educational Institution shall define the instructional design for each of the academic programmes to be offered through the Open and Distance Learning mode and shall map the credit hours for each course or module of the programme. (f) Procedure for admissions, curriculum transaction and evaluation : The Higher Educational Institution shall define the admission policy for the programme with minimum eligibility and fee structure. The information related to financial assistance, if any, should be included in the policy. The Higher Educational Institution shall notify the policy of programme delivery along-with the details of methods and web-based tools to be adopted. The Higher Educational Institution shall notify the activity planner including all the academic activities to be carried out by the Higher Educational Institution during the academic session. Further, the Higher Educational Institution shall also notify policy for evaluation of learner progress along with methods and tools. (g) Requirement of the laboratory support and Library Resources: There may be programmes having practical component in syllabus. The Higher Educational Institution shall give clear guidelines about the laboratory support to the learners to perform the practicals prescribed in the programme. There shall be provision of a practicals book for the learners. In case of online learning, the practical should be conducted and performed by applying virtual reality methods. (h) Cost estimate of the programme and the provisions: The cost estimate should indicate the amount assigned for programme development, delivery and maintenance. (i) Quality assurance mechanism and expected programme outcomes : The Higher Educational Institution shall define the review mechanism for programme and continuously enhance the standards of curriculum, instructional design relevant to professional requirements of the area of study. There should be course benchmark statements. The Higher Educational Institution shall also devise the mechanism for monitoring effectiveness of the programme. Annexure X Learner Support Centre ### 1. General. - Open and Distance Learning (ODL) mode of Education consists of three levels of functioning which are located at the Head-Quarters (HQ) of the Higher Educational Institutions, Regional Centres and Study Centres (SCs) or Learner Support Centres (LSCs) established within the territorial jurisdiction of the Higher Educational Institution as defined in the following Part. Planning, Designing and Preparation of Self Learning Material (SLM) for a learner who does not have any regular access to teachers is quite different than a Text Book meant for classroom teaching, overall management of the processes of Admissions, Evaluation, and Declaration of Results etc. are the main responsibilities of the Head-Quarters of the Higher Educational Institution and are discharged from the main campus. Under the direct management and control of the Higher Educational Institution, Regional Centres which are the second level of functioning, perform a dynamic operational link between the Head-Quarter and the Study Centres (SCs) or Learner Support Centres (LSCs) which are the third level of Open and Distance Learning system and are important main contact points for access by the learners, responsive and facilitating information centres, arranging contact sessions and other operations like processing of assignments etc. The Study Centres (SCs) or Learner Support Centres (LSCs) will also be established and managed directly by the Higher Educational Institution and not through any franchise or outsourced arrangement. ### 2. Definition and Establishment of Learner Support Centre or Study Centre. - 'Study Centre (SC) or Learner Support Centre (LSC)' means a Centre established, maintained or recognised by the Higher Education Institution for advising, counselling, vocational guidance, hands on experience, library services and providing interface between the teachers and the learners, rendering academic and any other related services and assistance, like field experience, laboratory for experimental work, Information Communication Technology facilities for operations and interaction with the learners etc. for the benefit of the learners: Provided that a Higher Educational Institution offering programmes in Open and Distance Learning mode shall, within six months from the date of notification of these Regulations, ensure that all Study Centre or Learner Support Centre are established only in a College or Institute affiliated to a recognised university (other than a Private University) or a Government recognized Higher Educational Institution offering conventional mode programmes of equivalent level in the same broad areas under the relevant faculty such as faculty of sciences or social science or humanities or commerce or management etc. and having all the necessary infrastructure and availability of appropriate number of qualified faculty not below the rank of qualified Assistant Professors of recognised Colleges or Institutes offering a similar programme for engaging theory contact sessions and supervising practical sessions in laboratory or field: Provided that a Higher Educational Institution may establish a Special Learner Support Centre for imparting instruction to persons referred to in the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, the National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disability Act, 1999 including the employees of Defence or Security Forces and jail inmates interested to study through the Open and Distance Learning mode. However, in case of programmes like those being developed by the Government for Skill Development or Lifelong Learning, the Study Centre or Learner Support Centre could be opened in Government institutions having capabilities for learner support services in the respective areas. Any Study Centre or Learner Support Centre shall be established by the Higher Educational Institution after processing through the appropriate statutory bodies of the Higher Educational Institution. While processing such approvals it is mandatory to provide evidence of the preparedness for establishing Study Centres/Learner Support Centres, providing learner support services, availability of the academic, other staff and qualified academic counsellors. The Higher Educational Institution shall have a Standard Operating Procedure for the smooth functioning of the Study Centre or Learner Support Centre which will include all aspects of functions of the Study Centre or Learner Support Centre, monitoring mechanism of different services provided by the Centre, and it shall be mandatory for the Study Centre or Learner Support Centre to maintain the learner data related to conduct of counselling sessions, evaluation of assignments and effective and online grievance redressal system, which should be monitored at the level of regional centre and Head-Quarters. List of the Study Centre or Learner Support Centre as approved by the respective Higher Educational Institution shall be submitted to the University Grants Commission at least 60 days in advance before operationalising the Study Centres or Learner Support Centres. The list of Study Centres or Learner Support Centres with details such as: Name with address of the institution where the centre is located, name of the coordinator with contact details, working hours and schedules for counselling sessions, infrastructure and other facilities available in the Study Centre or Learner Support Centre shall be displayed on the web portal of the Open and Distance Learning institution and the same information shall be made available in the printed prospectus for the information of the learners and other stakeholders. In addition, a Higher Educational Institution should submit an undertaking to the Commission effect that the academic and instructional facilities at its Study Centres or Learner Support Centres meet all the conditions of these regulations and guidelines issued from time to time, and are commensurate with the number of academic programmes and learners' strength thereto:- Provided that the Higher Educational Institution shall not carry out any of its activities related to the Open and Distance Learning mode at places other than Study Centres or Learner Support Centres under a different name such as Information Centre, Facilitation Centre, Nodal Centre, Knowledge Partner, Partner Institution, Multimedia Centres and similar such names:- Provided further that, no Study Centre or Learner Support Centre shall be established beyond the jurisdiction of the Higher Educational Institution or under any franchisee or outsourcing agreement, as described in these regulations. ### 3. Territorial Jurisdiction for Establishment of Study Centres or Learner Support Centres. - Territorial jurisdiction of the Higher Educational Institution for Open and Distance Learning mode programmes shall be as prescribed in the respective Acts of the Higher Educational Institution, subject to the following conditions: 3.1 Higher Educational Institution other than Private and Deemed to be University : Not beyond the respective State in case of Universities set up under any State Act. For Universities set up under a Central Act the jurisdiction shall be as per the provisions of the Act. 3.2 Deemed to be a University : The jurisdiction shall be as per extant provisions of the Deemed to be a University regulations and also notified by the University Grants Commission from time to time. 3.3 Private University : A Private University established under a State Act shall be unitary in nature and will be eligible to run Open and Distance Learning Programmes, which have been conducted by the university in conventional mode for a minimum period of five years. The Learner Support Centres or Study Centres shall be set up, within the State, with the prior approval of the University Grants Commission and as per University Grants Commission (Establishment and Maintenance of Standards in Private Universities) Regulations, 2003. In the absence of University Grants Commission approved Learner Support Centre or Study Centre, the University shall offer distance education programmes at its main campus only. ### 4. Admission and Programme Fees. - Admission of learners to a Higher Educational Institution for a programme in Open and Distance Learning mode shall be offered in a transparent manner with Self Learning Material designed and developed directly by the Higher Educational Institution which shall be solely responsible for all activities relating to admissions or registration or evaluation processes, duly approved by the respective statutory bodies of the Higher Educational Institutions. In no case these activities shall be outsourced. However, quality Self Learning Material developed by any other Higher Educational Institutions recognized by the University Grants Commission to run Open and Distance Learning programmes could be used under a mutual agreement after seeking approval of the University Grants Commission: Provided that a Study Centre or Learner Support Centre shall not admit a learner to any programme in Open and Distance Learning mode for or on behalf of any other Higher Educational Institution. Every Higher Educational Institution shall publicise a prospectus on the web portal of the Higher Educational Institutions, before the expiry of sixty days prior to the date of commencement of admission to any of its programmes in the Open and Distance learning mode. Such a prospectus shall contain the following information for learners seeking admission to any programme of the institution and for the general public:- (i) each component of the fee and any other charges or deposits payable by the learners admitted to such Higher Educational Institutions for pursuing a programme in Open and Distance Learning mode, and clear terms and conditions of such payments to be charged by the Institute; (ii) the percentage of tuition fee and other charges refundable to a learner admitted in such Higher Educational Institutions in case such a learner withdraws from the institution before joining or after full completion of course or programme of study and the time within, and the manner in, which such refund shall be made to the learner; (iii) the number of seats approved in respect of each course or programme of Open and Distance Learning mode; (iv) Eligibility conditions for admission including educational qualifications specified by the relevant statutory authority or body, or by the institution, where no such qualifying standards have been specified by any statutory authority; (v) the process of admission and selection of eligible learners applying for such admission, including all relevant information in regard to the details of test or examination, if any, for selecting such candidates for admission to each course or programme of study and the amount of fee to be paid for the admission test; (vi) details of the academic faculty at the Headquarters or Regional Centres or Study Centre or Learner Support Centre, including therein the educational qualifications and experience in teaching or conduction of Open and Distance Learning programmes and also indicating therein whether such a faculty member is on regular basis or visiting or contract basis; (vii) the minimum pay and other emoluments payable for each category of faculty and Officers of the Institute; (viii) physical and academic infrastructure and other facilities, including that of each of the Study Centre or Learner Support Centre and in particular the laboratory, library and Information and Communication Technology facilities to be provided to learners on being admitted to the institution; and (ix) broad outline of the syllabus specified by the appropriate statutory body or by institution, as the case may be, for every course or programme of study. ### 5. Norms for Empanelment of Academic Counsellors and Counselling Sessions. - 5.1 Eligibility conditions for appointment of academic counselors : No academic staff in the Study Centre or Learner Support Centre shall be appointed who does not fulfill the minimum qualifications as laid down in the University Grants Commission (Minimum Qualifications for Appointment of Teachers and other Academic Staff in the Universities and Colleges and Measures for the Maintenance of Standards in Higher Education) Regulation, 2010 as modified from time to time. In addition, such academic staff should have familiarity with the characteristics of Open and Distance Learning mode learners and their needs, difference between Open and Distance Learning and conventional face - to - face education, awareness about instructional design, familiarity with the learner centred approach in blended mode of learning, ability to use different delivery media including online and computer mediated communication and Information and Communication Technology enabled learning. 5.2 Norms for Contact Programmes : Credit Based System has been followed by Open and Distance Learning single mode Higher Educational Institutions during the last more than two decades and it has got standardised for programme delivery especially by the Open Universities. Such credits depend on the total number of hours that a learner is required to cover for all activities like participation in Contact Programmes, Working on Assignments, Library Consultation etc., in completing a course. In this direction, University Grants Commission has recently issued guidelines for introduction of Choice Based Credit System (CBCS) which has been made mandatory for all Higher Educational Institutions delivering education through conventional mode. Accordingly, for Post Graduate programmes in Open and Distance Learning mode, 16 credits per semester are assigned for a total of four semesters. In Open and Distance Learning mode Programme delivery, the component of contact with teachers is comparatively much lower than the conventional or face to face mode which is complemented by self-learning on the part of the learner. Therefore, one credit in regular or face to face mode accounts for 15 teaching hours, whereas, in Open and Distance Learning mode it is 30 study hours of study including face to face contact component. Comparative credits assigned per semester in Choice Based Credit System for conventional mode and Open and Distance Learning mode for undergraduate programmes is given below in Table 1. Table 1. Comparative Credits in Conventional and Open and Distance Learning Modes | | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | --- | | Total | VI | V | IV | III | II | I | Semester | | 144 | 25 | 26 | 26 | 25 | 22 | 20 | Credits Conventional mode | | 96 | 16 | 16 | 16 | 16 | 16 | 16 | Credits in Open and Distance Learning | It will be desirable to ensure uniformity in distribution of units between the two systems as far as possible. Thus, taking into account the number of hours indicated in Choice Based Credit System for conventional mode and the percentage of hours required for face-to-face Contact Programmes for learners in Open and Distance Learning mode, the following table is provided for norms for counselling sessions in theory and practical courses with Open and Distance Learning credit value for Open and Distance Learning mode programme delivery. Table 2: Contact Theory and Practical Sessions | | | --- | | Four Courses with a total of 16 Credits per semester | | Number of Assignments | 10-12 credits for theory and 6-4 Credits for practical courses | counselling for theory only Courses: | | contact sessions-practical\*\* | Contact sessions theory\* | Four courses of 4 credits each | | Four per semester | 60 hours of guided experiments with support of internal supervisor per 2 credits | 40-48 hours | 16 hours per course | Note: \*Contact session up to the extent of twenty percent could be arranged by providing Massive Open Online Courses and other online programme delivery systems. \*\* Practical sessions to the extent of twenty percent could be provided through virtual lab mode Comparative value of credits mentioned in the University Grants Commission Guidelines for Choice Based Credit System in conventional mode and that in practice in Open and Distance Learning mode Institutions, it is observed that for a total of six semester undergraduate programme each of nearly 5-6 months duration, 16 credits per semester are uniformly assigned in the Open and Distance Learning mode, whereas, in the University Grants Commission guidelines for conventional mode on an average 24 credits per semester have been assigned. Thus, the ratio of a credit in Open and Distance Learning mode to that of the conventional mode is 2:3. In line with the pattern of credits for Under Graduate programmes, for Post Graduate programmes in Open and Distance Learning mode, 16 credits per semester are assigned for a total of four semesters. The foregoing comparative value could be used to facilitate both vertical and horizontal mobility of learners from Open and Distance Learning mode to Conventional mode and vice versa through mutual transfer of credits. [6. Deployment of manpower and other support at Study or Learner Support Centres. - The Study Centres or Learner Support Centres shall be headed by a Coordinator, not below the rank of an Assistant Professor and shall be augmented with academic and non-academic staff depending on the number of learner, assigned for adequate support to the learners. There shall not be any restrictions in the capacity of intake in Open and Distance Learning programme at the Learning Support Centre or Study Centre and Main campus. The capacity of intake per programme should be commensurate with the available qualified faculty in relevant area, well equipped laboratory, library, online connectivity and Information and Communication Technology facilities, and appropriate infrastructure, along with the following: (i) Number of qualified counselor to number of students shall be 1:100 per theory course; (ii) Number of qualified supervisors per practical course of 2 credits: 1 or more; (iii) Availability of laboratory: The laboratory should be in a recognised Higher Educational Institution running a similar course in conventional mode for a period of not less than 3 years.] ### 7. Conduct of End Semester or Term End Examination. - (i) All Examinations for Open and Distance Learning mode programmes shall be conducted within the Institution where the Study Centres or Learner Support Centres is located under the direct control and responsibility of the Open and Distance Learning mode Institution. Also, all Government Institutions like Kendriya Vidyalaya(s), Navodaya Vidyalaya(s), Sainik School(s) etc. can also be identified as examination centre(s) under direct overall supervision of Open University or Higher Educational Institution offering education under the Open and Distance Learning mode. (ii) All processes of assessment of learners in different components of Testing and Examination shall be directly handled by the Open and Distance Learning mode Institution and no part of the assessment shall be outsourced. (iii) For ensuring transparency and credibility, full time faculty of the Open and Distance Learning mode Higher Educational Institutions or qualified faculty from University Grants Commission recognised Higher Educational Institutions only should be associated to function as invigilators, examination superintendents, as observers etc. (iv) The Examination Centre should have adequate seating capacity and amenities including adequate lighting, ventilation, washrooms and clean drinking water facilities. ### 8. Monitoring of functioning of the Learner Support Centres or Study Centres. - Generally, the Open and Distance Learning mode Higher Educational Institutions have to manage a fairly large and well spread system with a variety of learner centric operations for a number of heterogeneous groups of learners to meet their expectations and self-learning requirements using multimode programme delivery. To effectively manage these challenges and complex operations for a learner at a distance, a very dynamic interactive communication system between Headquarters, regional centres and study centres has to be established on priority. Thus, it is desirable that an Information and Communication Technology network connecting the Head-Quarters, Regional Centres and Study Centre or Learner Support Centres should be established at the earliest and used for faster and reliable operations such as:- i. username and login ID should be generated for every learner so that learners can see all relevant information as their studies progress in an Open and Distance Learning programme and also provide constructive feedback for improvement in Open and Distance Learning programme delivery; ii. headquarters, Regional Centres and Study Centre or Learner Support Centres should maintain a web portal giving all relevant information about the Open and Distance Learning programmes being a delivered and the content of these should be updated at least on a weekly basis; iii. regional centres should collect a holistic report about all functions assigned to Study Centres or Learner Support Centres and all aspects of quality of programme delivery periodically especially during the Admissions, Examinations, and Counselling Sessions etc., and at least weekly share a consolidated report with the Head quarters; iv. these reports along with responses by learners should be periodically analysed for the quality audit of a programme and its delivery besides the quality of performance of the Study Centres or Learner Support Centres; v. any remedial action should be jointly ensured by the headquarters, Regional Centres and Study Centres or Learner Support Centres promptly; vi. regular visits, at least twice a year by the academic staff of the Higher Educational Institution for on the spot monitoring and interaction with functionaries of the Regional Centres and Study Centres or Learner Support Centres, the learners and the counsellors; and vii. ensuring access of "Swayam" and other repositories of Massive Open Online Courses by the learners at Study Centres or Learner Support Centres. Closure of Non-performing Study Centre or Learner Support Centre: In case a Study Centre or Learner Support Centre fails to adhere to the prescribed norms or guidelines, the Higher Educational Institution shall initiate action for closure of the centre by following due procedures, so that interest of learners are taken care by some alternative arrangement. Annexure XI Grievance Redressal Mechanism Scope of Grievance Redressal System for Learner. - The Higher Educational Institutions, offering programmes through the Open and Distance Learning mode, shall have a Grievance Redressal System and Procedure which shall be published on the portal of Higher Educational Institution and it shall be the responsibility of the concerned Higher Educational Institution to update the same as and when required. Each of the Higher Educational Institutions shall provide an online facility for submitting grievances and track their status. The Higher Educational Institution shall also be responsible for monitoring, assessing and reviewing the effectiveness of its Grievance Redressal Procedures. Guidelines and Standards for the Grievance Redressal System. - The Higher Educational Institution shall have the policy on Grievance Redressal System based on following guidelines and standards, namely:- (a) the policy should be unbiased and understandable; (b) there should be time line for each stage of the process; (c) the policy should be published on Higher Educational Institutions portal so that the learners may read and refer to; (d) the policy should be made available to learners with disability in appropriate format and the provision should be made accordingly in the policy document; (e) the authority or authorities involved in the grievance redressal process should treat and investigate facts impartially; (f) the Higher Educational Institutions should address the grievances in a timely manner so as to lessen interruption in learning process of the learner. The Higher Educational Institution should have the proper communication and escalation mechanism which can be operated and maintained through the online software application; (g) the Higher Educational Institution should maintain the confidentiality of the complainant as far as possible; (h) the Higher Educational Institution should ensure that officer(s) deputed for the learner support at the Higher Educational Institution, the Regional Centres and Learner Support Centre(s) are able to provide guidance on submitting grievances in the portal; (i) There should be a provision to withdraw a complaint without prejudice at any time during the procedure; and (j) The learner should be kept informed of the status in relation to his queries or grievance on priority. Rights and responsibilities of a learner. - (a) The learner has right to complain regarding any aspect related to his or her learning path including programme quality, learning resources, learner support and guidance, teaching, learning and assessment. (b) The learner is entitled to approach the respective Learner Support Centres (in case of offline or blended learning) for submitting his or her complaint. The learners of online mode may submit their complaint directly to the Higher Educational Institution. The complaint can be submitted individually or collectively by a group of learners. (c) The learner should submit a formal complaint in a manner prescribed by the Higher Educational Institution regarding expression of dissatisfaction with a service provided or the lack of a service or the quality of a service. Such expression should be correlated with what the learners were entitled to receive. Responsibility of the Higher Educational Institution. - (i) The Higher Educational Institution shall work with the principles of openness and collaboration. (ii) The Higher Educational Institution shall continuously improve the services it offers. As and when a grievance is received, the Higher Educational Institution shall investigate it thoroughly and make the necessary improvement(s) in its services. (iii) The Higher Educational Institution shall encourage Learner Support Centres to make initial attempts to address and resolve complaints as close as possible to the point of origin, and with the minimum of formality. (iv) The Higher Educational Institution shall also monitor the Grievance Redressal process through its Learner Support Centres. (v) The Higher Educational Institution is responsible for privacy and confidentiality unless disclosure is necessary to proceed in the matter. (vi) The grievance should be accompanied with the reasons for dissatisfaction and expected remedy. The learner should also give the reference of Online Grievance Registration Number generated at the time of submitting the complaint at the Learner Support Centre. (vii) The Head of concerned school of the Higher Educational Institution shall investigate the complaint(s) or refer the matter(s) to a more appropriate person, body or committee or departments, as appropriate. (viii) It shall be the responsibility of the Head of school of the Higher Educational Institution to monitor the progress and to timely resolve the matter. (ix) The Head of concerned school of the Higher Educational Institution will respond in writing (letters or email etc.) through offline or online mode giving reasons for a decision and action taken thereto. [Substituted by Notification F. No. 2-4/2018 (DEB-I), dated 6.9.2018 (w.e.f. 23.6.2017).]

65b94714ab84c7eca86e8c6e

acts

International Treaty - Act ---------------------------- Nairobi Treaty on the Protection of the Olympic Symbol -------------------------------------------------------- TREATY India Nairobi Treaty on the Protection of the Olympic Symbol ======================================================== WORLDINTELLECTUALPROPERTYORGANIZATION 1 of 1981 ------------------------------------------------- * Published in World Intellectual Property Organization on 26 September 1981 * Not commenced **Republic of India ratified this treaty on September 19, 1983** **CHAPTER I Substantive Provisions** ### Article 1 Obligation of States Any State party to this Treaty shall be obliged, subject to Articles 2 and 3 , to refuse or to invalidate the registration as a mark and to prohibit by appropriate measures the use, as a mark or other sign, for commercial purposes, of any sign consisting of or containing the Olympic symbol, as defined in the Charter of the International Olympic Committee, except with the authorization of the International Olympic Committee. The said definition and the graphic representation of the said symbol are reproduced in the Annex . ### Article 2 Exceptions to the Obligation (1) The obligation provided for in Article 1 shall not bind any State party to this Treaty in respect of: (i) any mark consisting of or containing the Olympic symbol where that mark was registered in that State prior to the date on which this Treaty enters into force in respect of that State or during any period during which, in that State, the obligation provided for in Article 1 is considered as suspended under Article 3 ; (ii) the continued use for commercial purposes of any mark or other sign, consisting of or containing the Olympic symbol, in that State by any person or enterprise who or which has lawfully started such use in the said State prior to the date on which this Treaty enters into force in respect of that State or during any period during which, in that State, the obligation provided for in Article 1 is considered as suspended under Article 3 . (2) The provisions of paragraph (1) (i) shall apply also in respect of marks whose registration has effect in the State by virtue of a registration under a treaty which the said State is a party to. (3) Use with the authorization of the person or enterprise referred to in paragraph (1) (ii) shall be considered, for the purposes of the said paragraph, as use by the said person or enterprise. (4) No State party to this Treaty shall be obliged to prohibit the use of the Olympic symbol where that symbol is used in the mass media for the purposes of information on the Olympic movement or its activities. ### Article 3 Suspension of the Obligation The obligation provided for in Article 1 may be considered as suspended by any State party to this Treaty during any period during which there is no agreement in force between the International Olympic Committee and the National Olympic Committee of the said State concerning the conditions under which the International Olympic Committee will grant authorizations for the use of the Olympic symbol in that State and concerning the part of the said National Olympic Committee in any revenue that the International Olympic Committee obtains for granting the said authorizations. **CHAPTER II Groupings of States** ### Article 4 Exceptions to {{> Chapter I}} The provisions of Chapter I shall, as regards States party to this Treaty which are members of a customs union, a free trade area, any other economic grouping or any other regional or subregional grouping, be without prejudice to their commitments under the instrument establishing such union, area or other grouping, in particular as regards the provisions of such instrument governing the free movement of goods or services. **CHAPTER III Final Clauses** ### Article 5 Becoming Party to the Treaty (1) Any State member of the World Intellectual Property Organization (hereinafter referred to as “the Organization”) or of the International (Paris) Union for the Protection of Industrial Property (hereinafter referred to as “the Paris Union”) may become party to this Treaty by: (i) signature followed by the deposit of an instrument of ratification, acceptance or approval, or (ii) deposit of an instrument of accession. (2) Any State not referred to in paragraph (1) which is a member of the United Nations or any of the Specialized Agencies brought into relationship with the United Nations may become party to this Treaty by deposit of an instrument of accession. (3) instruments of ratification, acceptance, approval and accession shall be deposited with the Director General of the Organization (hereinafter referred to as “the Director General”). ### Article 6 Entry Into Force of the Treaty (1) With respect to the three States which are the first to deposit their instruments of ratification, acceptance, approval or accession, this Treaty shall enter into force one month after the day on which the third instrument of ratification, acceptance, approval or accession has been deposited. (2) With respect to any other State which deposits its instrument of ratification, acceptance, approval or accession, this Treaty shall enter into force one month after the day on which that instrument has been deposited. ### Article 7 Denunciation of the Treaty (1) Any State may denounce this Treaty by notification addressed to the Director General. (2) Denunciation shall take effect one year after the day on which the Director General has received the notification. ### Article 8 Signature and Languages of the Treaty (1) This Treaty shall be signed in a single original in the English, French, Russian and Spanish languages, all texts being equally authentic. (2) Official texts shall be established by the Director General, after consultation with the interested Governments, in the Arabic, German, Italian and Portuguese languages, and such other languages as the Conference of the Organization or the Assembly of the Paris Union may designate. (3) This Treaty shall remain open for signature at Nairobi until December 31, 1982, and thereafter at Geneva until June 30, 1983. ### Article 9 Deposit of the Treaty; Transmittal of Copies; Registration of the Treaty (1) The original of this Treaty, when no longer open for signature at Nairobi, shall be deposited with the Director General. (2) The Director General shall transmit two copies, certified by him, of this Treaty to all the States referred to in Article 5(1) and (2) and, on request, to any other State. (3) The Director General shall register this Treaty with the Secretariat of the United Nations. ### Article 10 Notifications The Director General shall notify the States referred to in Article 5(1) and (2) of: (i) signatures under Article 8 ; (ii) deposits of instruments of ratification, acceptance, approval or accession under Article 5(3) ; (iii) the date of the entry into force of this Treaty under Article 6(1) ; (iv) any denunciation notified under Article 7 . **Annex** The Olympic symbol consists of five interlaced rings: blue, yellow, black, green and red, arranged in that order from left to right. It consists of the Olympic rings alone, whether delineated in a single color or in different colors. 1 This Table of Contents is added for the convenience of the reader. It does not appear in the signed text of the Treaty.

65b965e0ab84c7eca86e9047

acts

State of Bihar - Act ---------------------- Bihar Lady Health Worker (Auxiliary Nurse Midwife- A.N.M.) Cadre Rules, 2013 ------------------------------------------------------------------------------ BIHAR India Bihar Lady Health Worker (Auxiliary Nurse Midwife- A.N.M.) Cadre Rules, 2013 ============================================================================== Rule BIHAR-LADY-HEALTH-WORKER-AUXILIARY-NURSE-MIDWIFE-A-N-M-CADRE-RULES-2013 of 2013 -------------------------------------------------------------------------------------- * Published on 25 October 2013 * Commenced on 25 October 2013 Bihar Lady Health Worker (Auxiliary Nurse Midwife- A.N.M.) Cadre Rules, 2013 Published vide Notification No. 6/N-07-35/10 (part) -439(6), dated 25.10.2013 Last Updated 6th February, 2020 No. 6/N-07-35/10 (part) -439(6). - In exercise of powers conferred by proviso to Article -309 of the Constitution of India, the Governor of Bihar is pleased to make the following Rules to determine appointment, promotion and service conditions in the A.N.M. cadre under the Health Department. ### 1. Short title, extent & commencement. (1) A.N.M Cadre Rules may be called as the " Bihar Lady Health Worker (Auxiliary Nurse Midwife- A.N.M.) Cadre Rules, 2013." (2) It will extend to the whole State of Bihar. (3) It will come into force at once. ### 2. Definitions. - In these Rules, unless otherwise requires in the subject or context:- (1) 'Government' means Bihar State Government ; (2) 'Department' means Health Department ; (3) 'Appointing Authority' means Civil Surgeon-cum-Chief Medical Officer of the concerned District; (4) 'A.N.M' means Auxiliary Nurse Midwife; (5) 'Commission ' means Bihar Staff Selection Commission; (6) 'Cadre' means Bihar Lady Health Worker (A.N.M.) cadre; (7) 'Appendix' means appendix appended to these Rules; and (8) 'Recognized Institution' means the institution recognized by the Indian Nursing Council for A.N. Midwifery Course. ### 3. Constitution of cadre. - The Cadre of Lady Health Worker shall be at district level. In this cadre, number of posts in each grade and total number of posts in the cadre shall be as many as are sanctioned by the government from time to time. ### 4. Chain posts of cadre. - Different categories and chain posts of this cadre shall be according to appendix-1. ### 5. Recruitment. - The appointment in this cadre shall be made by direct recruitment to the basic categories posts, on the basis of recommendation of the Commission. ### 6. Qualification. (1) For appointment by direct recruitment to the basic categories posts, minimum educational qualifications shall be pass in A.N. Midwifery training course of the period as determined by Indian Nursing council from time to time, from a recognised institution and a certificate related thereto shall be necessary . (2) For direct recruitment minimum age limit shall be 21 years and maximum age limit shall be the same as may be determined reservation category wise from time to time by the Government. 1st August of the concerned year shall be deemed to be the cut off date for determination of age. ### 7. Procedure of Recruitment. (1) The appointing authority, after calculating vacancy on the basis of position on 1st April of the year and getting roaster cleared, shall send reservation category wise requisition to the Commission latest by 30th April. (2) In view of the requisition the Commission shall invite applications by advertising vacancies and shall prepare merit list on following basis:- | | | | | --- | --- | --- | | (a) | For marks obtained in A.N.M course examination | - 50 marks | | (b) | For higher degree | - 10 marks | | (c) | For experience in Government hospitals of Bihar State (5 marks per year, maximum 25 marks) | - 25 marks | | (d) | For Interview | - 15 marks | | | Total | - 100 marks | Explanation. - The marks to be given to a candidate for A.N.M. course examination shall be determined by multiplying the percentage of total marks obtained in the aforesaid examination by multiple of 0.5. For example, if a candidate has obtained 50% marks, then he will be given 50% x 0.5 = 25 marks. (3) The commission shall send prepared merit list on the basis of aforesaid sub-rule (2), and reservation category wise recommendations in conformity with requisitioned vacancy to the Appointing Authority. (4) Procedure for interview shall be determined by the Commission. ### 8. Probation period. - After appointment probation period will be of two years. In case, the service during probation period is not found satisfactory, the probation period will be extended for one year. If the service is not found to be satisfactory in extended period also, then the appointing authority may terminate service of such Lady Health Worker (A.N.M.). ### 9. Departmental Examination. - The Lady Health Worker (A.N.M.) shall have to pass the departmental examination organised by the Department. The syllabus of departmental examination will be determined by the Department. ### 10. Confirmation. - On being satisfactory service during probation period and passing of departmental examination a Lady Health Worker (A.N.M.) may be confirmed in the service. ### 11. Seniority. - The inter-se seniority of Lady Health Worker (A.N.M.) shall be determined according to the merit list prepared by the Commission. ### 12. The personnel appointed/promoted and working on the posts of this cadre mentioned in appendix. - 1 before the commencement of these Rules shall be deemed to be automatically included in this cadre. ### 13. Chain Posts of Promotion. (1) Subject to availability of the vacancies and according to seniority cum merit, Lady Health Worker (A.N.M.) shall be considered to be promoted on the posts mentioned in Appendix - 1. (2) For consideration of promotion, completion of 'Kalawadhi' determined by the General Administration Department, from time to time, shall be necessary. Compliance of instructions issued by General Administration Department, from time to time, with respect to promotion and character roll / P.A.R, allegations / departmental proceedings / criminal proceedings etc., shall be necessary at the time of consideration of promotion. ### 14. Departmental Promotion Committee. (1) Promotions will be on the basis of recommendations of the Departmental Promotion Committee. (2) The Departmental Promotion Committee shall be constituted by the Department. ### 15. Reservation. - Compliance of provisions of Reservation Act of the Government and reservation roster for direct recruitment and promotion issued from time to time by the Government shall be essential. ### 16. Uniform. - It shall be essential for Lady Health Workers to wear uniform during duty as determined category wise by the Department. ### 17. For the subjects which have not been provided in these Rules, provisions of concerned Code / Rules / Resolutions / Instructions shall apply. ### 18. Removal of Doubt. - If any doubt arises with respect to interpretation of any provision of these Rules, it shall be referred to the Department and in this respect the decision of the Department shall be final. ### 19. Removal of difficulties. - If any difficulty arises in implementation of provisions of these Rules, the department shall have powers to remove such difficulty. ### 20. Repeal and Savings. (1) The Rules and all resolutions, orders, instructions etc issued earlier, from time to time, by the Department with respect to this cadre, shall be deemed to be repealed with effect from the date of coming into force of these Rules. (2) Notwithstanding such repeal, any work done or any action taken in exercise of the powers conferred by aforesaid Rules, resolutions, orders, instructions etc shall be deemed to be done or taken under these Rules as if these Rules were in force on the date on which such a work was done or such an action was taken. Appendix - 1 [See rule 2 (7) , 4, 12, 13] Chain posts of Bihar Lady Health Worker (A.N.M.) Cadre | | | | | | --- | --- | --- | --- | | Sl. No. | Grade | Name of post | Remarks | | 1. | Basic grade | Lady Health Worker (A.N.M.) | | | 2. | First Ladder of | promotion Senior Lady Health Worker | | | 3. | Second Ladder of | promotion Lady Health Worker Supervisor | | | 4. | Third Ladder of | promotion Senior Lady Health Worker Supervisor | | Note :- The Pay Band and Grade Pay of all aforesaid grades shall be revisable by the government from time to time.

65ba246bab84c7eca86eab33

acts

State of Maharashtra - Act ---------------------------- Maharashtra Minor Mineral Extraction (Development and Regulation)Rules, 2013 ------------------------------------------------------------------------------ MAHARASHTRA India Maharashtra Minor Mineral Extraction (Development and Regulation)Rules, 2013 ============================================================================== Rule MAHARASHTRA-MINOR-MINERAL-EXTRACTION-DEVELOPMENT-AND-REGULATION-RULES-2013 of 2013 ----------------------------------------------------------------------------------------- * Published on 14 September 2006 * Commenced on 14 September 2006 Maharashtra Minor Mineral Extraction (Development and Regulation)Rules, 2013 Published vide Notification No. Gaukhani-10/0812/C.R. 613/kh, 18.7.2013 Last Updated 14th February, 2020 No. Gaukhani-10/0812/C.R. 613/kh. - In exercise of powers conferred by section 15 of the Mines and Minerals (Development and Regulation) Act, 1957 (67 of 1957) and of all other powers enabling it in that behalf, the Government of Maharashtra hereby makes the following rules, for regulating the extraction of Minor Minerals namely:- Chapter-I General ### 1. Short title and commencement. (1) These rules may be called the Maharashtra Minor Mineral Extraction (Development and Regulation)Rules, 2013. (2) These rules shall come into effect from the date as may be specified by the Government in the Official Gazette. ### 2. Definitions. - In these rules, unless the context requires otherwise, (a) 'Act' means the Mines and Minerals (Regulations and Development) Act, 1957 (67 of 1957); (b) "Appellate Authority" means the Government or any authority vested with such powers under these rules or any other authority empowered by the Government to perform such functions; (c) "Assessee" means a person or a lessee holding a mining lease or a short term permit and includes any other person who has excavated, removed or used or is excavating, removing, processing or using minor mineral or minerals; (d) "Assessing Authority" means Collector or Additional Collector or Sub Divisional Officer or Tahsildar or District Mining Officer or Executive Engineer; (e) "Assessment Year" means the period beginning from the first day of April and ending on the thirty first day of March of the following year; (f) "Brick earth" means earth used for making bricks, Kavelus and earthen pots and shall include all types of earth used for construction of dams, buildings, canals, roads, rail embankments and other identical purposes; (g) "Building stone" means any rock or mineral which is used as building or construction material and includes such Minerals as specified in the Schedule appended to the Act; (h) "Competent Authority" means,- (i) for the purpose of Chapter IV of these rules,- (a) in the case of quarries situated on the lands owned by the Public Works Department and Water Resources Department of Government, the Executive Engineer of the concerned Division in case of the permits upto a maximum of 25,000 brass for the use of Departmental work only; (b) the Tahsildar, where minor minerals are to be extracted and removed from any land within the limits of their respective jurisdiction in quantities not exceeding 500 brass; (c) Sub-Divisional Officer of Revenue Department, where minor minerals are to be extracted and removed from any land within the limits of their respective jurisdiction in quantities not exceeding 2000 brass; (d) the Collector or Additional Collector of the District where minor minerals are to be extracted and removed from any land within that district, in quantities not exceeding 25000 Brass; (ii) For the purpose of auction of minor mineral, Competent Officer means the Collector or Additional Collector; and (i) "Directorate" means the Directorate of Geology and Mining, in the State of Maharashtra. (iii) any other officer appointed by the Government by notification in the Official Gazette; (j) "dead rent" means the minimum guaranteed amount of royalty per year payable as per rules of agreement under a mining lease; (k) "Excavation" means digging and or collecting of minor minerals from any land or nala or rive or creek; (l) "Forms" means forms appended to these rules; (m) "Government" means the Government of Maharashtra; (n) "Minor Minerals" means the minor minerals declared from time to time by the Central Government by notification in the Official Gazette under the Act; (o) "Royalty" means the charge payable to the Government in respect of the ore or mineral excavated, removed or utilised from any land; (p) "section" means a section of the Act; (q) "specified minor mineral" means limestone, lime shell, bentonite, fuller's earth or such other mineral as may be specified by the Central Government in the Official Gazette, from time to time, and the threshold value of the minor mineral specified by notification issued by Indian Bureau of Mines; (r) "quarry lease" means a lease to mine, quarry, bore, dig, search for, win, work and transport or carry away any minor mineral specified therein; (s) "quarry license or lease" means a license granted under these rules wherein a licensee is required to pay fixed annual license fee exclusive or inclusive of royalty, as the case may be; (t) "quarry permit" means a permit granted under Chapter-IV of these rules to extract and remove any minor mineral in specified quantities and specified time; (u) the words and expressions used in these rules but not defined hereinabove shall have the same meanings as respectively assigned to them under the Act. Chapter - II Procedure For Grant of Quarry Lease ### 3. Prospecting to precede mining operation. (a) No lease shall be granted by the State Government unless it is satisfied that there is evidence to show that the area for which the lease is applied for has been prospected earlier for minor minerals or the existence of minor minerals therein has been established otherwise. (b) No mining lease shall be granted unless the District Mining Officer confirms the existence of minor mineral in the applied area. Mining lease shall be granted directly if the District Mining Officer reports that there is no need for prospecting for minor mineral in the area in question. ### 4. Period for which prospecting license may be granted or renewed. - The period for which a prospecting license may be granted shall not exceed two years. ### 5. Scheme of prospecting. (1) Every holder of a prospecting license for minor mineral shall submit to the State Government or any person authorised in this behalf by the Government within a period of sixty days from the date of execution of the prospecting license a scheme of prospecting indicating the manner in which he proposes to carry out the prospecting operation in the area covered by the license and the scheme shall incorporate the following, namely:- (a) Particulars of the area; (b) The scale of the plan and the area of geological mapping; (c) The number of pits, trenches, and bore holes which he proposes to put in the area and the locations thereof; (d) The particulars of the machinery to be used; (e) The details of exploratory mining to be undertaken; (f) The number of samples proposed to be drawn and tested; (g) Baseline information of prevailing environmental conditions before the beginning of the prospecting operations; (h) Any other matter relevant for the preparation of a scheme of prospecting, as directed by the State Government or any person so authorised, from time to time by a general or special order. (2) The prospecting scheme under sub-rule (1) shall be prepared by a recognised person or a geologist or a mining engineer employed under the rule. ### 6. Modification of scheme of prospecting. (1) A prospecting scheme prepared and submitted under rule 5 may be modified at any time on geological considerations by the holder of a prospecting license during continuance of the prospecting license. (2) Any modification carried out under sub-rule (1) shall be intimated to the Government or any person authorised in this behalf by the Government, by the holder of a prospecting license within a period of fifteen days. ### 7. Prospecting operations to be carried out in accordance with scheme of prospecting. - Every holder of a prospecting license for minor mineral shall carry out the prospecting operations in accordance with the scheme of prospecting submitted under rule 5 or with such modifications, if any, as intimated under rule 6 or as directed by the Government or any Officer authorised by the Government in this behalf. ### 8. Report of prospecting operations. (1) Every holder of a prospecting license for minor mineral specified or ornamental stones or non-specified mineral shall submit to the Government or any Officer authorized in this behalf by the Government an annual report for the previous year in Form- A so as to reach them by the 30th April every year: Provided that, a report in Form-A shall be submitted within a period of three months after the completion or abandonment of the prospecting operations or the expiry of the prospecting license, whichever is earlier. (2) The Officer authorised in this behalf by the Government shall forward a copy of the Annual Report in Form-A, received under sub-rule (1) to the Director of Geology and Mining within a period of thirty days from the date of such receipt. ### 9. Mode of granting quarry lease. (1) Subject to the provisions of these rules, mineral concessions for quarry lease may be granted by the Competent Authority either on receipt of application or by way of public auction. (2) A quarry lease may be granted for quarry operation on the conditions of payment of lease money including royalty, dead rent, surface rent, water rates payable to Government and the lessee shall have the right of quarry and disposing the extracted minor minerals. ### 10. Restriction on grant of quarry lease . (1) Except with the prior approval of the Government, no quarry lease shall be granted to any person other than an Indian national as defined in the Explanation to sub-section (1) of section 5 of the Act. (2) Except with the prior approval of the Directorate, no quarry lease shall be granted in respect of any specified minor mineral. (3) Except with the prior approval of the Government no quarry lease shall be granted in respect of land notified by the Government as reserved for public utility or for any other special purposes like areas of historical, geological and archaeological interest. (4) No quarry lease shall be granted in the areas under the jurisdiction of the local bodies such as Gram Sabha, municipality or corporation or any metropolitan authority as the case may be without prior approval of such local bodies. However, if the approval is not received within the period of forty five days, the approval shall be deemed to have been granted for the purpose of grant of lease. However, if the concerned Gram Sabha does not give permission for quarry operations then the Sub-Divisional Officer of the area shall arrange the Gram Sabha and after hearing the Gram Sabha the Sub-Divisional Officer can take the decision on merit. (5) No quarry lease shall be granted in the areas where it is necessary in the interest of the regulation of mines and minerals development, preservation of natural environment, control of floods, prevention of pollution or to avoid danger to public health or communication or ensure safety of building, monument or other structures or for such other purposes. If necessary, the opinion of the concerned authority may be sought for by the Competent Authority. (6) No quarry lease shall be granted in the areas if Competent Authority is of the opinion that it is necessary or expedient so to do for securing or maintain proper sanitation or public health or the orderly development of any area or for any like purposes. (7) No commercial quarry lease shall be granted in eco-sensitive zone of notified under the Environment (Protection) Act, 1986 ( 29 of 1986 ) within notified area around wildlife Sanctuaries and National Parks. ### 11. Application of quarry lease. (1) Every application for quarry lease in respect of any land shall be made to the Competent Officer in Form-B. Every such application shall be affixed with a court-fee stamp of rupees twenty. (2) Every such application shall be accompanied by a challan of rupees five hundred as the application fee and also by a Solvency Certificate of the applicant issued from a revenue officer not below the rank of Tahsildar. (3) Every application for renewal of quarry lease shall be made to the Competent Officer in Form-C at least sixty days prior to expiry of the original period of quarry lease. Such application shall be accompanied with a challan of rupees five hundred as an application fee and Solvency Certificate of the applicant issued from a revenue officer not below the rank of Tahsildar. (4) The area for which quarry lease is applied shall be a contiguous one. (5) Every application for grant or renewal of quarry lease shall be in addition to the documents mentioned above shall be accompanied with, (a) Mining dues clearances certificate. (b) Record of rights of the area applied for. (c) A map showing the location of the area. (d) Approved Mining plan and progressive mine closure plan for the area in case of renewal. (e) Solvency Certificate of the applicant issued from a revenue officer not below the rank of Tahsildar. (f) Environment Clearance Certificate issued from the appropriate authority in case of renewal, if environment clearance period expires for the period requested for extraction. ### 12. Incomplete application. - The application without the required documents as mentioned in rule 11, shall be treated as incomplete and shall not be considered for granting lease. The applicant shall be informed to complete the application within a period of six months from the date of letter of intent for a grant of quarry lease. In case of non-compliance on the part of applicant in the stipulated period, the application will be treated as refused and the fees shall be forfeited. In such case, the date of receipt of complete application shall be treated as the date of receipt of application for deciding the application. ### 13. Acknowledgement of application. (1) Where an application for grant or renewal of quarry lease is submitted personally, its receipt shall be acknowledged by the Competent Officer. (2) Where such application is received by registered post, its receipt shall be acknowledged on the same day. (3) In any other case the receipt of such application shall be acknowledged within a period of three days of the receipt. (4) The receipt of every such application shall be acknowledged in Form-D. ### 14. Grant of quarry lease, execution and registration thereof. (1) On receipt of an application under rule 11, the Competent Officer on making such inquiries as he deems fit, may, by order, sanction the quarry lease or renew of quarry lease wholly or partially or refuse to sanction it. (2) If two or more applications are received for the same area, the applicant whose application was received earlier shall have the preferential right for grant of the quarry lease over an applicant whose application is received later : Provided that, while deciding any such application, the Competent Officer may take into consideration the matters specified below and grant the quarry lease to any such person whom he may deem fit,- (a) whether he has undertaken prospecting operations or has certificate of District Mining Officer regarding existence of minor mineral presence in the area, (b) whether he has any special knowledge or experience in mining operation or in Geology, (c) the financial resources of the applicant, (d) the nature and quality of technical staff employed or to be employed by the applicant, (e) such other matter as may be specified by the Government by an order from time to time. (3) Where a quarry lease is granted under sub-rule(1), a lease Deed shall be executed in Form-E within sixty days from the date of the order of granting the lease, and if no such lease Deed is executed within the aforesaid period, the Competent Officer may revoke the order of such grant of lease: Provided that, where the Competent Officer is satisfied that the applicant is not responsible for the delay in the execution of the lease Deed, he may permit the execution of lease Deed after the expiry of the aforesaid period of sixty days. (4) The lease Deed shall be registered with the concerned Registrar of Stamp Duties. ### 15. Disposal of application for quarry lease. (1) The application for quarry lease shall be disposed of within a period of ninety days from the date of receipt of complete application for grant of lease. (2) The application for renewal of quarry lease shall be disposed of within a period of sixty days from the date of receipt of complete application for renewal of lease. (3) If an application for renewal of quarry lease has been made within the prescribed period but is not disposed of before the date of expiry of the period, the lease shall be deemed to have been extended by a further period of three months or till such date on which the applicant is informed about the refusal to grant the renewal of the lease, whichever is earlier. ### 16. Refund of application fee. - If the Competent Officer refuses to grant the quarry lease applied for or if the applicant refuses to accept the lease on account of any special condition imposed therein under rule 46, the fee shall be treated as processing fee and will not be refunded: Provided that, if the applicant refuses to accept the lease for reasons other than those referred to above, withdraws the application or fails to furnish the requisite information or to execute a lease deed in accordance with the provision of sub-rule (3) of rule 14, the application fee shall not be refunded. ### 17. Intimation of refusal etc. to be given. - When an application for a quarry lease is refused by the Competent Officer or is granted for less area than for which it was applied for, he shall communicate the reasons therefor in writing to the applicant for such refusal or reduction of area. ### 18. Period for which lease may be granted or renewed. (1) The period for which a quarry lease may be granted shall be of five years without approval of the Government and ten years with the prior approval of the Government: Provided that, the maximum period for which any such lease may be granted shall not be more than twenty years. (2) A lease may be renewed at the option of the lessee for a period not exceeding the duration of the original lease. (3) Notwithstanding anything contained in sub-rule (2), if the Government is of the opinion that in the interest of development of minor minerals, it is necessary to do so, it may, for reasons to be recorded in writing, authorise the renewal of a lease for a further period or periods not exceeding five years in each case. ### 19. Minimum and maximum area for grant of a quarry lease. - The minimum area that may be granted under a quarry lease shall not be less than,- (a) one hectare, in respect of small deposits (not fragmented portions of larger ones), shallow in nature, isolated and not exceeding more than 200 meters in strike length. These deposits are small by virtue of either origin or mode of emplacement or dislocation due to geological disturbances. Small deposits shall also include float deposits (transported) formed due to mechanical weathering and deposition, alluvial or alluvial buried or otherwise, which generally have peculiar configuration; (b) two hectares in respect of beach sands or placers (Beach sands or placers are mono or multi mineral concentrations) including the dunes occurring on and off the coastal shore line. These deposits are the products of ebb and flow of tides, waves and inshore current, and at places semi-consolidated to consolidate in nature: Provided that, in case of renewal of mining lease, the restrictions of minimum area for grant of mining lease shall not be applicable: Provided further that, the Government, if satisfied on the basis of proposed production level, geological or topographical conditions, may, for reasons to be recorded in writing, grant quarry lease not exceeding fifty hectare: Provided also that, the Government may, after recording reasons in writing, grant quarry lease of the area less than minimum area mentioned above in case of artisan and traditional workers. ### 20. Mining plan as a pre-requisite to the grant of quarry lease. - No lease shall be granted or renewed by the Government unless there is a mining plan duly approved by the Government or any person authorised in this behalf by it for the development of the minor minerals deposit in the area concerned. ### 21. Mining plan to be prepared by a recognised qualified person. - No mining plan shall be approved unless it is prepared by a qualified person recognised in this behalf by the Government or any person authorised by the Government or by a recognised person under rule 22B of the Mineral Concession Rules, 1960. ### 22. Grant of recognition by Government. (1) Any person possessing the qualifications and experience required under sub-rule (2) of rule 22B of Mineral Concession Rules 1960, may apply for such recognition to the Competent Officer designated by the Government for this purpose. (2) The Competent Officer after making such enquiry as it deems fit, may grant or refuse to grant recognition. Where recognition is refused the Competent Officer shall record the reasons in writing and communicate the same to the applicant. (3) A recognition shall be granted for an initial period of five years and may be renewed for further periods not exceeding five years at a time: Provided that, the Competent Officer may refuse to renew recognition for reasons to be recorded in writing after giving an opportunity of being heard to the person concerned. ### 23. Approval and submission of Mining Plan. - On receipt of the application for grant of mining lease for undertaking mining operations for minor minerals, the Government shall take decision to grant precise area for the said purpose and communicate such decision to the applicant and on receipt of the communication from the Government of the precise area to be granted, the applicant shall submit a mining plan within a period of three months from the date on which such communication is received or such further period as may be allowed by the Government for the approval. The said mining plan shall incorporate,- (i) (a) the map of the precise area showing the nature and extent of the minor minerals body ; (b) spot or spots where the excavation to be done in the first five years plan period and its extent ; (c) a detailed cross-section and detailed plan of spots of excavation based on prospecting data gathered by the applicant ; (d) a tentative scheme of mining for the second five years plan period of the lease; (ii) details of the geology and lithology of the precise area including minor mineral reserves in the area; (iii) the extent of manual mining or mining by use of machinery and mechanical devices on the precise area; (iv) the map of the precise area showing natural water courses, limits of reserved and other forest areas and density of trees, if any, assessment of impact of mining activity on forest land surface and environment including air and water pollution; details of scheme for restoration of the area by a forestation's, land reclamation, use of pollution control devices and of such other measures under Mine Closure Plan - Progressive and Final Mine Closure Plan; (v) annual program and plan for excavation on the precise area from (year to year) for five years; (vi) as per provisions of Notification of Ministry of Environment and Forest dated the 14th September 2006 prior Environment Clearance will be required depending upon the mining lease area. (vii) any other matter which the Government may require the applicant to provide in the mining plan. Mining Operations ### 24. Mining Plan as a pre-requisite to the commencement of mining operations. (1) No person shall commence mining operations for minor minerals in any area except in accordance with a mining plan approved under these rules. (2) The Government or any person authorised in this behalf by the Government, may require the holder of a lease to make such modifications in the mining plan referred to in sub-rule (1) or impose such conditions as it considers necessary by an order in writing if such modifications or imposition of conditions are considered necessary in the light of the experience of operation of mining plan or in view of the change in the technological development. (3) A holder of a lease, desirous of seeking modifications in the approved mining plan as are considered expedient, in the interest of safe and scientific mining, conservation of minor minerals and for the protection of environment, shall apply to the Government or any person authorised in this behalf by the Government setting forth the intended modifications and explaining the reasons for the same. (4) The Government or any person authorised in this behalf by the Government may approve the modifications under sub-rule (3) or approve with such alterations as it may consider expedient. ### 25. Mine Closure Plan. - Every mine shall have Mine Closure Plan which shall be of two types, - (i) Progressive Mine Closure Plan; and (ii) Final Mine Closure Plan. ### 26. Submission of Progressive Mine Closure Plan. (1) The lessee, agent, manager or mining engineer shall, in case of fresh grant or renewal of mining lease, submit a Progressive Mine Closure Plan as a component of Mining Plan to the officer authorised by the Government in this behalf. (2) The lessee, agent, manager or mining engineer shall, in case of existing mining lease submit a Progressive Mine Closure Plan to the officer authorised by the Government in this behalf, for approval within a period of one year from the date of commencement of these rules. (3) The lessee, agent, manager or mining engineer shall review the progressive mine closure plan every five years from the date of its approval in case of existing mine or from the date of opening of the mine in case of fresh grant or from the date of renewal of mining lease, as the case may be, and shall submit to the officer authorised by the Government in this behalf, for its approval. (4) The officer authorized by the Government in this behalf, shall convey his approval or refusal of the Progressive Mine Closure Plan within a period of ninety days of the date of its receipt. (5) If approval or refusal of the Progressive Mine Closure Plan is not conveyed to the owner, agent, manager or mining engineer of the mining lease within the period as specified in sub- rule (4), the Progressive Mine Closure Plan shall be deemed to have been provisionally approved, and such approval shall be subject to the final decision whenever communicated. ### 27. Submission of Final Mine Closure Plan. (1) The lessee, agent, manager or mining engineer shall submit a final mine closure plan to the officer authorised by the Government in this behalf, for the approval one year prior to the proposed closure of the mine. (2) The officer authorised by the Government in this behalf, shall convey his approval or refusal of the final Mine Closure Plan within a period of ninety days of the date of its receipt to the owner, agent, manager or mining engineer. (3) If approval or refusal of the final Mine Closure Plan is not conveyed to the owner, agent, manager or mining engineer of the mining lease within the period as specified in sub-rule (2), the final Mine Closure Plan shall be deemed to have been provisionally approved and such approval shall be subject to final decision whenever communicated. ### 28. Modification of Mine Closure Plan. (1) The holder of a mining lease desirous of seeking modifications in the approved Mine Closure Plan, shall submit to the officer authorised by the Government in this behalf, for approval setting forth the intended modifications and explaining the reasons for such modifications. (2) The officer authorised by the Government in this behalf, may approve the modifications as submitted under sub-rule (1) or approve with such alterations as he may consider expedient. ### 29. Responsibility of holder of quarry lease. (1) The lessee, agent, manager or mining engineer shall have the responsibility to ensure that the protective measures contained in the Mine Closure Plan referred to in this rule including reclamation and rehabilitation work have been carried out in accordance with the approved Mine Closure Plan or with such modifications as approved by the officer authorised by the Government in this behalf under this rule. (2) The lessee, agent, manager or mining engineer shall submit to the officer authorised by the Government in this behalf, a yearly report before the 1st July of every year setting forth the extent of protective and rehabilitative works carried out as envisaged in the approved Mine Closure Plan, and if there is any deviation, reasons thereof. ### 30. Financial assurance. (1) Financial assurance has to be furnished by every leaseholder. The amount of financial assurance shall be rupees fifty thousand per hectare of the mining lease area put to use for mining and allied activities. However, the minimum amount of financial assurance to be furnished in any of the forms referred to in sub-rule (2) shall be rupees one lakh: Provided that, a leaseholder shall be required to enhance the amount of financial assurance with the increase in the area of mining and allied activities: Provided further that, where a leaseholder undertakes reclamation and rehabilitation measures as part of the progressive closure of mine, the amount so spent shall be reckoned as sum of the financial assurance already spent by the leaseholder and the total amount of financial assurance, to be furnished by the lessee, shall be reduced to that extent. (2) The financial assurance shall be submitted in one of the following forms to the officer authorised by the Government in this behalf, or any amendment to it : (a) Letter of Credit from any Scheduled Bank; (b) Performance or surety bond; (c) Trust Fund build up through annual contributions from the revenue generated by mine and based on expected amount sum required for abandonment of mine; or (d) any other form of security or any other guarantees acceptable to the officer. (3) The lessee shall submit the financial assurance to the officer authorised by the Government in this behalf, before executing the mining lease Deeds. In case of an existing mining lease, the lessee shall submit the financial assurance along with the Progressive Mine Closure Plan. (4) Release of financial assurance shall be effective upon the notice given by the lessee for the satisfactory compliance of the provisions contained in the Mine Closure Plan and certified by the officer authorised by the Government in this behalf. (5) If the officer authorised by the Government in this behalf, has reasonable grounds for believing that the protective, reclamation and rehabilitation measures as envisaged in the approved Mine Closure Plan in respect of which financial assurance was given has not been or will not be carried out in accordance with the Mine Closure Plan, either fully or partially, the officer authorised by the Government in this behalf, shall give the lessee a written notice of his intention to issue the orders for forfeiting the sum assured at least thirty days prior to the date of the order to be issued. (6) Within thirty days of the receipt of notice referred to in sub-rule (5), if no satisfactory reply has been received in writing from the lessee, the officer authorised by the Government in this behalf, shall pass an order for forfeiting the surety amount and a copy of such order shall be endorsed to the Government. (7) Upon the issuance of order by the officer authorised by the Government in this behalf, the Government may realize any letter of credit or bond or any other surety, guarantee provided or obtained as financial assurance for the purpose of performance of protective, reclamation, rehabilitation measures and shall carry out those measures, or appoint an agent to do so. ### 31. Mining Plan to be submitted by existing lessee. (1) Where mining operations for minor minerals have been undertaken before the commencement of these rules without an approved Mining Plan, the holder of such lease shall submit a mining plan within a period of one year from the date of commencement of these rules, to the Government or any person authorised in this behalf by the Government for its approval. (2) If a holder of a lease has not been able to submit the Mining Plan within the specified time for reasons beyond his control, he may apply for extension of time giving reasons to the Government or any person authorised in this behalf by the Government. (3) The Government or any person authorised in this behalf by the Government on receiving an application made under sub-rule (2) above, may, on being satisfied, extend the period for submission of the Mining Plan for a period which may not exceed two years. (4) The Government or any person authorised in this behalf by the Government may approve the Mining Plan submitted by the lessee under sub-rule (1) or any required modifications to be carried out in the Mining Plan and the lessee shall carry out such modifications and resubmit the modified mining plan for approval of the Government or the person so authorized, as the case may be. (5) The Government or any person authorised in this behalf by the Government shall, within a period of ninety days from the date of receipt of the Mining Plan or the modified plan convey its or his approval or disapproval to the applicant and in case of disapproval it or he shall also convey the reasons for disapproving the said Mining Plan or the modified Mining Plan. (6) If no decision is conveyed within the period stipulated under sub-rule (5), the Mining Plan or the modified Mining Plan, as the case may be, shall be deemed to have been provisionally approved and such approval shall be subject to the final decision whenever communicated. (7) The Mining Plan submitted under sub-rule (1) shall be prepared by a recognised qualified person. ### 32. Review of Mining Plan. (1) Every Mining Plan duly approved under these rules shall be valid for the entire duration of the lease. (2) The lessee, agent, mining engineer or manager of every mine or quarry shall review the Mining Plan as prescribed under sub-rule (1) and submit a scheme of mining for the next five years of the lease to the Government or any person authorised in this behalf by the Government for approval. (3) The scheme of mining shall be submitted to the Government or any person authorised in this behalf by the Government at least one hundred twenty days before the expiry of the five years period for which it was approved on the last occasion. (4) The Government or any person authorised in this behalf by the Government shall convey its or his approval or refusal to the scheme of mining within ninety days of the date of its receipt. (5) If approval or refusal of the scheme of mining is not conveyed to the holder of the lease within the stipulated period, the scheme of mining shall be deemed to have been provisionally approved and such approval shall be subject to final decision whenever communicated. (6) The provisions of rule 31 shall apply to the scheme of mining in the same way as they are applicable to the mining plan. (7) Every scheme of mining submitted under sub-rule (2) shall be prepared by a recognized qualified person or a person under rule 21. ### 33. Mining operations to be in accordance with Mining Plan. (1) Every holder of a lease shall carry out mining operations for minor minerals in accordance with the Mining Plan with such conditions as may have been specified under sub-rule (2) of rule 24 or with such modifications, if any, as permitted under sub-rule (3) of rule 24 or the mining plan or the scheme approved under rule 23 or 31 or 32, as the case may be. (2) If the mining operations are not carried out in accordance with the Mining Plan as referred to under sub-rule (1), the Government or any person authorised in this behalf by the Government may order suspension of all or any of the mining operations and permit continuance of only such operations as may be necessary to restore the conditions in the quarry as envisaged under the said Mining Plan. ### 34. Notice for opening of a mine and intimation of existence of a mine. - The owner, agent, mining engineer or manager of every minor mineral quarry shall send to the Government or any person authorised in this behalf by the Government an intimation in Form-F of the opening of a mine so as to reach them within fifteen days of such opening or of the existence of a mine at the time of the commencement of these rules within ninety days from such commencement, as the case may be. ### 35. Abandonment or surrender of quarry. (1) The lessee, agent, mining engineer or manager of every minor mineral quarry shall not abandon or surrender a minor mineral quarry or a part of such quarry during the subsistence of the lease except with prior permission in writing of the Government or any person authorised in this behalf by the Government. (2) Notice for abandonment or surrender of a minor mineral quarry or a part thereof shall be given in Form-G and shall be accompanied by plans and sections on a scale of not less than 1 cm=10 meters showing accurately the work done in such quarry upto the date of submission of the notice. (3) The Government or any person authorised in this behalf by the Government may by an order in writing prohibit abandonment or refuse surrender or allow the abandonment or surrender of a minor mineral quarry or a part thereof with such conditions as he may specify in the order. (4) Where an abandonment of a minor mineral quarry or part thereof takes place as a result of the occurrence of a natural calamity beyond the control of the owner, agent, mining engineer or manager of a such quarry, or the lease is terminated in compliance of any order or directions issued by any statutory authority established under any law for the time being in force or any tribunal or a court, an intimation shall be sent to the Government or any person authorised in this behalf by the Government within a period of twenty-four hours of such abandonment or termination and the notice of abandonment as provided in sub-rule (2) shall be submitted to the Government or any person authorised in this behalf by the Government within a period of fifteen days of such abandonment or termination. ### 36. Notice of temporary discontinuance of work in quarry. - The lessee, agent, mining engineer or manager of every minor mineral quarry shall send to the Government or any person authorised in this behalf by the Government a notice in Form-H when the work in such quarry is discontinued for a period exceeding sixty days so as to reach them within seventy-five days from the date of such temporary discontinuance. ### 37. Intimation of reopening of a quarry. - The lessee, agent, mining engineer or manager of every minor mineral quarry shall send to the Government or any person authorised in this behalf by the Government an intimation in Form-I of reopening of such quarry after temporary discontinuance so as to reach them within fifteen days from the date of such reopening. ### 38. Prospecting and mining operations. - The prospecting and mining operations shall be carried out in such a manner so as to ensure systematic development and conservation of minor mineral deposits and protection of environment. ### 39. Register of application. - A register of application for quarry lease shall be maintained by the Competent Officer in Form-J. ### 40. Demarcation of area lease. - Where a quarry lease is granted by a Competent Authority arrangement shall be made by the Competent Officer at the expense of the lessee for the demarcation of the area granted under the lease, before executing the lease Deed. ### 41. Register of quarry lease granted. - A register of quarry lease granted shall be maintained by the Competent Officer in Form-K. ### 42. Registers to be kept open for inspection. - The registers maintained by the Competent Officer under rules 39 and 41 shall be open to inspection by any person on payment of a fee of rupees twenty-five for the first hour and rupees ten for every subsequent hour or part thereof. ### 43. Boundaries below surface. - The boundaries of the area covered by a quarry lease shall run vertically downwards below the surface towards the center of the Earth. ### 44. Payment of royalty, dead rent etc.. - When the quarry lease is renewed, royalty, dead rent, surface rent and other dues with lessee thereon shall be charged at the rates in force, from time to time. ### 45. Transfer of quarry lease. (1) Except with previous consent in writing of the Competent Officer, the lessee shall not,- (a) assign, sub-let, mortgage or in any other manner, transfer, the quarry lease or any right, title or interest therein, or (b) enter into, or make any arrangement, contract or understanding whereby the lessee may be financed to a substantial extent or may be substantially controlled by, any person or body of persons other than the lessee. (2) The lessee may, with the previous consent in writing of the Competent Officer, transfer his lease or any right title or interest therein, to any person on payment of a fee of rupees ten thousand to the Government: Provided that, if the lease was granted with the approval of the Director (as in the case of specific mineral) it shall not be transferred unless approval of the Director is obtained. Provided further that, no lease or permit granted to a co-operative labour society, in pursuance of a direction made under rule shall be transferred except to another such society. (3) Where the lease is transferred, the transferor shall furnish to the transferee with the original or certified copies of all plans or abandoned working in the areas covered by the lease and also the original lease deed. (4) The Competent Officer shall not give his written consent for transfer of any quarry lease unless the lessee has furnished a properly sworn in affidavit along-with his application for transfer of quarry lease specifying therein the amount that he has already taken or propose to take as consideration from the transferee: Provided that, the amount of consideration taken or proposed to be taken shall include only such sum spent by the lessee (Transferor) in obtaining the quarry lease and for conducting all quarry operations over the lease area. (5) The Competent Officer may by order in writing determine any transferred lease at any time, if the lessee has, in the opinion of the Competent Officer, committed a breach of any of the provision of these rules: Provided that, no such order shall be made without giving the lessee a reasonable opportunity of showing cause against making such an order. (6) The Competent Officer may, in the interest of mineral development and with reasons to be recorded in writing , permit amalgamation of two or more adjoining leases held by a lessee: Provided that, the period of amalgamated leases shall be co-terminus with the lease whose period will expire first. Chapter- III Terms and Conditions of Quarry Ease ### 46. Every quarry lease shall be subjected to conditions. - (i) The lessee shall pay royalty on minor minerals removed from the leased area at the rates specified by the Government, from time to time, on the date of the grant of the lease: Provided that, such rates may be revised only once in every three years. (ii) The royalty shall be paid by the lessee quarterly for the quarters ending March, June, September and December and shall be payable within fifteen days after completion of every quarter. (iii) For the purpose of computation of royalty dues, the lessee shall compute the said dues on the basis of self assessment and make the payment in the treasury accordingly. It shall also be binding on the lessee to make payment of the difference of royalty after final assessment demand from the Competent Officer: Provided that, the Competent Officer, without prejudice to the provision contained in rules, shall charge simple interest at the rate of fifteen percent per annum, on the delayed payment of royalty and other mining dues form the sixtieth day of the expiry of the date fixed by the Government for payment of such royalty and other mining dues until payment of such royalty and other mining dues is made. (iv) The lessee shall submit to the Competent Officer and the Director, a quarterly return in Form-L for the periods ending on the 30th June, 30th September, 31st December and 31st March in respect of payment of royalty. (v) The lessee shall also pay for every calendar year of the lease such yearly dead rent as specified by the Government, from time to time, and if the lessees permitted the working of more than one minerals in the same area, shall pay such separate dead rent in respect of each mineral as may be fixed by the Government, from time to time: Provided that, the dead rent may be revised once in every three years: Provided further that, the lessee shall be liable to pay the dead rent or royalty whichever is more, but not both, in respect of each minor mineral: Provided also that, the dead rent shall not be payable for the first three month following the execution of lease. (vi) The lessee shall also pay for every calendar year, surface rent and cess equal to non- agricultural assessment for the area for which working permission has been granted to him. Period to be calculated prospectively from the date of execution of lease as well as for the lease area for which no working permission has been granted. (vii) Unless the Competent Officer for sufficient cause permits otherwise, the lessee shall commence quarry operations within three months from the date of execution of the lease and shall transfer, carry them in a proper, skillful and workman like manner so as to ensure the safety of labourers, conservation of minerals etc.: Provided that, if the Government is of the opinion that it is expedient so to do in the interest of regulation of mines and minerals development, preservation of pollution or to avoid danger to public health or communication or ensure safety of building , monuments or other structure or for such other purpose, as the Government may deem fit, to terminate permanently any quarry lease, after issuing due notice of thirty days to the lessee, terminate or determine such quarry lease in respect of any land: Provided further that, the Government may after the premature termination of quarry lease, grant quarry lease in favour of another eligible person or such Government company or corporation owned or controlled by Government as it may think fit. (viii) Before lessee commences quarry operation, the lessee shall, in consultation with the Competent Officer and at his own expense, demarcate the leased area through the Deputy Superintendent of Land Records and erect and maintain in good condition prominent boundary marks and pillars, necessary to indicate the area leased to him and shall at all time maintain and keep such boundary marks and pillars in good conditions. The lessee shall also keep proper maintenance of any road, power transmission line, tramway, railway, Ariel ropeway, pipeline etc. passing through his lease hold area. He shall also make proper passage for water used for quarry purposes. He shall keep such maintenance in case of any type of land (either Government land or private land) under his lease hold area. (ix) The lessee shall take adequate steps to ensure that,- (a) height and width of benches in opencast quarries are properly maintained to facilitate easy removal of mineral and the muck. In case of quarry in alluvium or soil or murum or gravel clay or debris or any such loose or soft formation the faces of the quarry shall be sloped at an angle of safety not exceeding forty-five degree (45o ) from the horizontal so also the faces of the quarry shall be worked by the lessee in such a way so as to form benches and the height of every such bench shall not exceed one and half meters (1.5 meters with the breadth thereof not less than the height). In case of hard-rock formations the faces of quarry shall be sloped at an angle of not more than sixty degrees (60o ) from the horizontal and the quarry face shall be in bench pattern. The height of any bench shall not exceed six meters and the breadth thereof shall not be less than the height; (b) The working faces are always kept clean; and (c) The minor minerals won are stacked in suitable dimension and each stack is numbered. (x) If any minor mineral not specified in the lease is at any time discovered in the lease area, the lessee shall without delay report the discovery to the Competent Officer and also to the Director and shall not undertake any quarry operation in respect of such minor mineral or dispose of such minor mineral without obtaining a separate lease therefor. If the lessee fails to apply for such lease within three months from the date of the discovery of mineral, the Competent Officer may grant a lease in respect of such minor mineral to any other person. (xi) The lessee shall arrange for a proper sanitation of the area leased to him. (xii) The lessee shall abide by all such reasonable instructions or direction as may from time to time be issued by the Government or the Director, regarding the conservation and development of minor minerals. (xiii) The lessee shall abide by the provisions of any law in force relating to the working of mines and matters affecting safety, health and convenience of his employees, of the public visiting the site and shall respect all existing rights of way, water and other easements vesting in any other person. (xiv) The lessee shall not carry on or allow to be carried on any quarry operations at any point within a distance of fifty meters, if no blasting is involved, and two hundred meters, if blasting is involved,- (a) from the boundary of any railway line, unless a written permission of the railway authority concerned is obtained in that behalf; (b) from the boundary of any reservoir, canal, road, river, nallah, irrigation works or public works or buildings, unless a written permission of concerned authority of the Government is obtained in that behalf. In granting any such permission, the Government may impose such conditions on advice of railway authority or any concerned authority and the lessee shall abide by such conditions. (xv) The lessee shall keep correct and true accounts of expenses incurred by him on quarry operations and also the accounts showing the quantity and other particulars of all minor minerals obtained, the names of the purchasers , the receipts for money received, and the number of employees present in the quarry and complete plans of the quarry and shall furnish to the Competent Officer, and the Director such information, reports and returns as any of them may require, from time to time, together with representative samples of minerals obtained during the operations and shall submit by the 10th day of every month to those officers, a return in Form-M giving the total quantity of material raised in the preceding calendar month and its value. The lessee shall also furnish to the Competent Officer and the Director, annual return giving the total quantity of material raised in the preceding year and its value in Form-N by the 15th of January every year: Provided that, if the period of the lease expires before the close of a year, the lessee shall also furnish returns for such shorter period. (xvi) The lessee shall allow any officer authorised by the Government in this behalf or the Competent Officer or any officer authorised competent officer to enter upon any building, excavation or land covered by his lease for the purpose of inspecting the same or for inspecting the accounts plans and record which may be required to produce before such officer. Any such officer may issue such reasonable directions as he may deems fit to prevent wasteful extraction of minerals, and it shall be the duty of the lessee , his agent or manager to carry out such directions with such period as the officer may specify. (xvii) Where the strengthening or supporting of any part of quarry is necessary for the safety of any railway, reservoir, canal, road or any other public work or structure, the lessee shall cause it to be done to the satisfaction of the concerned railway authority where the safety of the railway is involved and to the satisfaction of any officer, authorised by Competent Officer for this purpose. (xviii) If the lessee fails to undertake quarry operations within a period of one hundred eighty days after the date of execution of the lease, or, having commenced quarry operations, has discontinued the same for a continuous period of one hundred eighty days, the lease shall be treated as lapsed on the expiry of the period of one hundred eighty days from the date of execution of the lease or as the case may be, discontinuous of the quarry operation: Provided that, the Competent Officer may, on an application made by the holder of such lease before its expiry under this sub-rule and on being satisfied that it will not be possible for the holder of the lease, to undertake mining operation or to continue such operations for reasons beyond his control, make an order, subject to such conditions as may be specified in the order, to the effect that such lease shall not lapse: Provided further that, the Government may on an application submitted by the lessee, within a period of six months from the date of its lapse and on being satisfied that such non- commencement or discontinuance was due to reasons beyond the control of the holder of the lease, revive the lease from such prospective or retrospective date as it thinks fit but not earlier than the date of lapse of the lease: Provided also that, no quarry lease shall be revived under the aforesaid provisos for not more than twice during the entire period of the lease. (xix) The lessee shall report all accidents immediately to the District Magistrate, the Superintendent of Police and the Competent Officer, or in case the severity of accident so warrants, the concerned Director of Mines of Safety of Government of India. (xx) The Government shall be immune from the lessee's claims for the damages on account of any land having been included in this lease which may subsequently be discovered not to have been available for the lease. (xxi) The lessee or his transferee or assignee shall not erect any building in contravention of the provisions of any law, order or instructions in force relating to the erection of the buildings or in contraventions of any orders issued by any officers or authority competent to issue such orders under any such laws, orders or instructions within whose jurisdiction the leased area is situated. (xxii) The Government shall at all times have the right of preemption of the minor minerals won from the land in respect of which the lease has been granted: Provided that, the fair market price prevailing at the time of pre-emption shall be paid to the lessee for all such minor minerals. (xxiii) Right of the State or Central Government or any local authority to construct any road, railway, canal, reservoir or public work or the right of any authority to carry any electric or telephone lines or poles in or over the lands demised under the lease is reserved: Provided that, before such right is exercised a notice of not less than thirty days shall be given to the lessee and the area utilised for any of the aforesaid purpose shall be excluded from the area under the lease. (xxiv) The lessee shall immediately submit a report to the Collector, the District Magistrate, the Chief Inspector of Mines, Dhanbad, the Controller General, Indian Bureau of Mines, the Director and Senior Geologist or Geologist, Junior Geologist posted in the area as soon as- (a) the depth of any opencast excavation measured from its height to the lowest point reaches six meters, or (b) the explosives are used, and at such time thereafter as the District Magistrate or the Chief Inspector of Mines may direct. (xxv) The lessee shall allow any Government Department to remove by way of departmental work without any payment of royalty from any non worked portion of the leased area, any minor mineral required for bonafied Government work, on receiving written instructions from the Competent Officers. The Competent Officer shall issue such instruction to lessee on receiving written and specific request from that officer of any particular departments who is competent to certify the benefited Government work, in question as regards the extent of such work and quantity of minor mineral or minerals specifically required for it: Provided that, the Government Department shall give the amount of compensation due to the land owner or the lessee, as the case may be, if the lease has been granted of private land. (xxvi) The lessee shall issue along with every dispatch of mineral outside the lease hold area for any mode of transport a Transit pass in Form-O. (xxvii) The lessee shall pay to the occupier of the surface of the land, such compensation as may primarily be decided, mutually, amongst the lessee and the individual land holders, prior to any disturbance to the land that would be caused by the quarry operations. The lessee shall for this purpose, submit an affidavit at the time of execution of the quarry lease deed, to the effect that he has entered into such mutual agreements with all the concerned land holders and with those land holder with whom such an agreement could not be entered into, the lessee has obtained provisional written order from the concerned Sub-Divisional Officer to enter into such land with the intention of commencing quarry operations: Provides that, the concerned Sub-Divisional Officer shall have such case registered in his court under the provisions of section 48 of the Maharashtra Land Revenue Code, 1966: Provided further that, the concerned Sub-Divisional Officer shall settle such cases of surface compensation regarding quarry lease on priority basis and considering the merits of the cases. (xxviii) In case of quarry lease granted over any Government land, lessee shall pay to the Government the compensation or occupancy price as determined and fixed by Revenue authorities. (xxix) The lessee shall comply strictly all the relevant provisions of the following Acts and Rules and corresponding procedures framed by the Central or State Governments under these Acts and rules, namely:- (a) the Mines Act 1952. (b) the Mineral Conservation and Development Rules-1988. (c) Any other Act or rules which the Central or State Government may make applicable, from time to time, as regards minor minerals. (xxx) (i) The lands on which quarry lease is granted shall be reclaimed by the lessee. (ii) The lessee shall restore ecological balance before mining operations. (iii) The lessee shall plant the trees around the leased area and maintain the same. He shall ensure that the greenery in the area is maintained. (xxxi) (1) Any other special conditions which the Competent Officer may specify, subject to the approval of the Government. (2) In case of breach or breaches by the lessee or his transferee or assignee, of any of the conditions specified under rule (46) (1) (i) to (xxxi) above, the Competent Officer shall give notice in writing, to the lessee or his transferee assignee asking him to remedy breach or breaches in full, within thirty days from the date of the notice and if the breach or breaches is or are not remedied fully within such period, the Competent Officer on expiry of this notice period and by an order in writing impose penalty not exceeding an amount equal to twice the rate of dead rent applicable to be paid within a period of eight days from the date of issue of such order. In case of non-payment of the penalty so imposed within this specified time, an additional fine of an amount equal to rate of dead rent per day shall be imposed upto such period during which contravention continues. Furthermore, if such contravention still continues even after imposing such penalty, for this continued contravention, the Competent Officer shall serve a final notice to the lessee or his transferee or assigns to remedy the breach or breaches within a period of fifteen days from the date of such notice and in case even on the expiry of this notice period, if the breach or breaches are not remedied fully, the Competent Officer shall determine the quarry lease forthwith and recover the amount of penalty and fines as arrears of land revenue. ### 47. Rights of lessee. - Subject to the conditions mentioned in rule 46, the lessee shall have the right, for the purpose of his quarry operations, to :- (1) work quarries; (2) sink pits and shafts and construct building and roads; (3) erect plant and machinery; (4) surrender of part of the area leased out to him during continuance of the lease, provided the lessee again demarcates the area so retained at his cost and give at least six months notice to the Competent Officer about his intention to surrender part of the area; (5) quarry and obtain building and road materials and make bricks on payment of royalty; (6) use water; (7) use land for stacking purposes; (8) do any other thing specified in the lease. ### 48. Right to determine lease. (1) The State Government may determine the lease, as per the provisions of rule 46. (2) The lessee may determine the lease, at any time by giving not less than sixty days notice, in writing, to the Competent Officer, stating specific reasons in the notice: Provided that, such determination shall have the effect only if the Competent Officer is satisfied as regards the reasons given by the lessee and gives his written consent for such determination by the lessee, prior to the expiry of the said notice period of sixty days. Systematic and Scientific Mining ### 49. Protection of environment. - Every holder of a prospecting license or a quarry lease shall take all possible precautions for the protection of environment wildlife habitat, flora and fauna of that area and control of pollution while conducting prospecting, mining or processing of minor mineral in the area for which such license or lease is granted. ### 50. Removal and utilization of top soil. (1) Where top soil exists and is to be excavated for prospecting or mining operations for minor mineral, it should be removed separately. (2) The top soil so removed shall be utilised for restoration and rehabilitation of the land which is no longer required for prospecting or mining operations or for stabilizing or landscaping the external dump. (3) Where top soil cannot be used concurrently, it shall be stored separately for future use, keeping in view that the bacterial organism should not die and should be spread nearby area. (4) The top soil so removed shall not be dumped, stocked or kept on the adjoining forest land, if any. ### 51. Storage of overburden, waste rock etc.. (1) The overburden, waste rock and non-saleable minor mineral generated during prospecting or mining operations for minor mineral shall be stored separately in properly formed dumps on grounds earmarked and shall not be dumped, stocked in the adjoining forest land, if any. (2) Such dumps shall be properly secured to prevent the escape of material in harmful quantities which may cause degradation of the surrounding land or silting of water courses. (3) Wherever possible, such waste rock or overburden or other rejects, shall be back filled into the worked out minor mineral quarry, where minor mineral has been recovered upto the optimum depth, with a view to restore the land to its original use or desired alternate use, as far as possible and where the back filling is not feasible, the waste dumps shall be suitably terraced and stabilized by planting vegetation or otherwise. ### 52. Reclamation and Rehabilitation of lands. (1) Every holder of prospecting licence or mining lease shall undertake the phased restoration, reclamation and rehabilitation of land affected by prospecting or mining operation and shall complete this work before the completion of such operations and abandonment of prospecting or mine. (2) Where large number of small mines are situated and worked out in clusters, at such places the provisions of quarry of minor minerals shall be done in a systematic and scientific manner. The programme of restoration and reclamation of the mined out area and rehabilitation must be made jointly in phased manner in the abandoned areas in the entire cluster of the minor minerals. Environmental clearance may be obtained by lessee or group thereof as per the concept of Regional Environmental Assessment (REA) and Regional Environmental Management Plan (REMP). ### 53. Precaution against air pollution. - Air pollution due to dust, exhaust emissions or fumes during prospecting, mining or processing operations for minor minerals and related activities shall be controlled and kept within permissible limits specified under any environmental laws for the time being in force. ### 54. Discharge of effluents. - Every holder of a prospecting license or a lease shall take all possible precautions to prevent or reduce to a minimum discharge of toxic and objectionable liquid effluents from minor mineral quarry, workshop or processing plant into surface of ground water bodies and usable lands. These effluents shall conform to the standards laid down in this regard, and they shall not be allowed to be flown discharged in the adjoining forest land, if any. ### 55. Precaution against noise. - Noise arising out of prospecting, mining and processing operations for minor mineral shall be abated or controlled by the holder of prospecting licensee or a lessee at the source so as to keep it within the permissible limits. ### 56. Permissible limits and standards. - The standards and permissible limits of all pollutants, toxins and noise referred to in rules 53, 54 and 55 above shall be those notified by the concerned authorities under the provisions of the relevant statutes, from time to time. ### 57. Restoration of flora. (1) Every holder of prospecting license or a mining lease shall,- (i) carry out prospecting or mining operations as the case may be, in such a manner so as to cause least damage to the flora of the area held under prospecting license or mining lease in the nearby area. (ii) take immediate measures for planting in the same area or any other area selected by concerned authority or Regional Office of Ministry of Environment or Forest or the authorised officer not less than twice the number of trees destroyed by reason of any prospecting or mining operation. (iii) Look after them during the subsistence of the license or lease after which these trees shall be handed over to the Forests Department or any other authority as may be nominated by the State Government. (iv) Restore, to the extent possible, other flora destroyed by prospecting or mining operation. Chapter IV Grant of Quarry Permits for Minor Minerals ---------------------------------------------------------- ### 58. District Committee. - There shall be a committee in every district under the Chairmanship of District Collector to prepare the District Mining Plan and ensure that the short term quarry permits are granted in accordance with the District Mining Plan. The District Level Committee shall consist of the following:- | | | | | --- | --- | --- | | (i) | District Collector | …Chairman; | | (ii) | District level Officer of the Maharashtra Pollution Control Board…Member; | | | (iii) | Deputy Conservator of Forest | …Member; | | (iv) | District level Officer of the Ground Water Survey and Development Agency | …Member; | | (v) | District Mining Officer | …Member-secretary. | ### 59. Grant of short term permits for minor minerals. (1) Not-withstanding anything contained in the foregoing rules, the Competent Officer, on an application made to him may grant a quarry permit to any person to extract or remove from any specified land within the limits of his jurisdiction any minor mineral not exceeding in quantity as mentioned under any one permit on payment of advance royalties calculated at the rate specified by the Government, from time to time, and on such rents and fees assessable for such extraction: Provided that, no permits shall be granted in case of any specified minor mineral without prior approval of the Director. (2) The Competent Officer shall grant permit for specific time and specific volume. (3) The Competent Officer may refuse to grant such permit for reasons to be recorded in writing. ### 60. Grant of Quarry permits by Revenue officers over lands in charge of Water Resources Department, Public Works Department. - In case of lands in charge of Departments other than Revenue Department that is, Water Resources Department, Public Works Department, quarry permits over such lands shall be granted by the Competent Officer only after obtaining No Objection Certificate (N.O.C.) from concerned Executive Engineer in case of Water Resources Department and Public Works Departments and Divisional Forest Officer of the Forests Department. ### 61. Application for quarry permits. (1) An application for quarry permits shall be made in Form- P to the Competent Officer and shall contain the following particulars,- (a) Name, address, profession, nationality of the applicant. (b) Name and quantity of the minor mineral for which the permit is required. (c) Description of land, such as location, survey number from which the minor mineral is to be extracted. (2) Every application for quarry permit shall be accompanied by the certified true copies of relevant extracts of the record of rights in respect of lands from where the applicant proposes to extract the mineral. (3) The application shall be accompanied with the consent letter from the occupant of land in case land is belonging to individual. (4) Every such application shall be affixed with court-fee stamp of rupees ten. ### 62. Application or Processing fee. - The application shall be accompanied with the processing fee as follows:- (i) for permit for quantity 500 brass and below ... five hundred rupees; (ii) for permit for quantity 501 brass to 2000 brass ... two thousand rupees; (iii) for permit for quantity 2001 brass to 25000 brass ......... rupees five thousand. In case of refusal of grant of permit applied for, the fee shall not be refunded. ### 63. Acknowledgement of application. - The receipt of an application for a quarry permit shall be acknowledged in Form-Q within three days on the receipt of application and the entry of such application shall be made in the register in Form-R. ### 64. Register of quarry permits. - A register of quarry permit shall be maintained by the Competent Officer and separate register shall be maintained for each type of minor mineral. ### 65. Disposal of application for quarry permit. - (i) On receipt of application the Competent Officer after verification of necessary documents grant or refuse the permit as he may deem fit, within within a period of thirty days from the date of such application. In no case the applicant shall start work unless he remits full amount of royalty and other assessable rents, taxes for such permit in advance and also unless he is issued the requisite permit by the Competent Officer. (ii) If the application for quarry permit is for the same area in which case document in earlier case have been verified in the recent past, the Competent Officer is at liberty to consider the application without conducting any fresh enquiries and grant or refuse the application after considering the other factors in this matter. ### 66. Conditions on which quarry permit shall be granted. (1) Every quarry permit granted under rule 59 and 60 shall contain a condition that at no time the depth of the pit below the surface exceeds six meters. (2) Any quarry permit granted under rule 59 and 60 may contain such other conditions as the Competent Officer granting permit may deem necessary in regard of following matters:- (a) The limit, mode and place of payment of rent and royalties. (b) Compensation for damage to the land covered by the permit. (c) Felling of trees. (d) Restriction of surface operation in any area specified by any authority (e) Entering and working in any reserved area. (f) Reporting of accident (g) Indemnity to Government against claims of third parties. (h) Period within which the minor mineral shall be extracted and removed. (i) Forfeiture of property left after cancellation or expiry of permit. (3) No other mineral except that for which the permit is granted shall be extracted and removed without proper sanction being obtained from the Competent Officer. (4) If any minor mineral or major mineral other than for which permit has been issued is found during quarry it shall be reported to Competent Officer within a week's time after such recovery. (5) The permit holder shall maintain complete and correct accounts of the mineral excavated, quantity removed from the permit area, sale vouchers, register of labour employed and wages paid etc. and royalty and other charges leviable for this purpose. (6) The permit holder shall immediately report all accidents to the Competent Officer and the District Magistrate and District Superintendent of Police of the District in which the area is situated. (7) The permit holder shall have no right over the quarry material and other property lying in the permit area after the expiry of the permit. (8) The permit holder shall not cut or damage any trees without prior sanction or without payment of compensation as may be fixed by the Divisional Forest Officer or such officer authorised by him in this behalf. (9) The permit holder shall not carry quarry operation within a distance of fifty meters of any public roads, public buildings or temples, rivers, nallahs, reservoirs, burial grounds and railway tracks etc. and cause any damage to any public or private properties. (10) The permit holder shall allow any officer authorised by the Director of Geology and Mining and local revenue or forest authority in whose jurisdiction the land is situated to enter into and inspect any time the quarry operations and check the accounts and verify the details of dispatches, sales etc. from the account books maintained by the permit holder as per conditions (5) above at or near the area under permit. (11) If any excess quantity over permitted limit is found to be removed the material shall be confiscated and permit holder shall be liable for punishment under the provisions of the Maharashtra Land Revenue Code, 1966 and the Mines and Minerals (Development and Regulation) Act, 1957. (12) If any breach of these conditions is detected, the permit shall be cancelled and material lying at site shall be confiscated. (13) As soon as removal of the material granted under the permit is over, the permit holder shall surrender the permit to the Competent Officer and furnish to him complete statement showing the quantity removed, details of transport and parties to whom this material has been sold and prices obtained therefor and shall produce any details, books etc. for the scrutiny by the Competent Officer as may be called for by him. (14) The permit holder shall issue along-with every dispatch of mineral outside the area granted under permit (for any mode of transport) Transit Pass in Form-O which shall be in accordance with the provisions prescribed under these rules. (15) The permit holder shall submit within 10th day of the following months to the concerned Revenue authority or Mining Officer, a monthly statement of the quantity removed from the site, name of the permit holder and sale price at the site etc, in Form-M. ### 67. General Conditions. (1) All necessary statutory clearances shall be obtained before start of mining operations. (2) Mining shall be limited to day time only (3) No mining shall be carried out in the safety zone of any bridge and/or embankment. (4) No mining shall be carried out in the vicinity of natural or manmade archaeological sites. (5) The lease holder shall obtain necessary prior permission of the competent authorities for drawal of requisite quantity of water (surface water and groundwater), if required for the project. (6) Waste water, if any, shall be properly collected and treated so as to conform to the standards prescribed by Ministry of Environment and Forest or CPCB. (7) No wildlife will be infringed. (8) Transportation of materials shall be done by covering the trucks or tractors with tarpaulin or other suitable mechanism so that no spillage of mineral or dust takes place. (9) Measures shall be taken for control of noise level to the limits prescribed by CPCB. Chapter -V Grant of Concession by Way of Public Auction ### 68. Disposal of minor minerals by way of public auction. (1) Notwithstanding anything contained in the forgoing provisions, it shall be lawful for Competent Officer to dispose of or sale the demarcated blocks of river, nallah or creeks and stacks, heaps of minor mineral incidentals to constructional work by public auction for any period not exceeding one year subject to such condition as specified in rule 65. (2) The Competent Officer may with prior approval of the Government add to or amend the conditions of auction as provided in sub-rule (1) above. ### 69. River bed mining. (a) In the case of mining leases for riverbed sand mining, specific river stretches should be identified and mining permits or lease should be granted stretch-wise, so that the requisite safeguard measures are duly implemented and are effectively monitored by the respective regulatory authorities. (b) The depth of mining may be restricted to three meter water level, whichever is less. (c) For carrying out mining in any proximity to any bridge and or embankment, appropriate safety zone should be worked out on case to case basis, taking into account the structural parameters, locational aspects, flow rate etc. and no mining should be carried out in the safety zone so worked out. ### 70. Disposal of sand from nalah, river bed and creeks by way of public auction. - Auction, disposal, terms and condition with auctioneer etc. procedures shall be specified by way of executive instructions, from time to time, by the the Government. Chapter VI Stocking and Selling of Minor Mineral ----------------------------------------------------- ### 71. License for a dealer. (1) No person other than a quarry permit or quarry lease holder, shall stock, sell or offer for sale any minor mineral mentioned in Schedule I in any place in State except under a dealer's license issued under the seal and signature of the Competent Officer. (2) Form and manner of application for a Dealer's license and its renewal:- (a) Every application for dealer's license or renewal shall be made to the Competent Officer in Form -S. (b) Every such application shall be accompanied by (i) a State Government Treasury Challan for amount of rupees one thousand remitted in Departments Receipt Head of Account. (ii) a location map showing the exact location of sales depot and/or office. (c) Every application for renewal of dealer license shall be made at least thirty days before the expiry of the license. Such application shall be accompanied by the application fee of rupees one thousand. (3) Form and particulars of license :- (1) On receipt of application for the grant of dealer's license or for its renewal the Competent Officer after, making enquiry as he deems fit, may grant or renew a licensee in Form-T or refuse to grant or renew a license. (2) Every license issued under sub-rule (1) shall be subject to such condition and restriction as may be specified under the provisions of Act and these rules. (3) Every license issued under sub-rule (1) shall show therein the name of minor mineral and its varieties authorised to be sold or to be offered for sale by the dealer, and the particulars of premises where the minor mineral are stocked for sale. (4) The excavated material whether for use or waste, must not be, stocked, dumped or stored in the adjoining, reserved, protected or identified forest land, if any. ### 72. Grant or refusal of License. - In granting or refusing a dealer's license under rule 71(3) (1) the Competent Officer shall take into consideration the following matters:- (a) The sale depot for minor mineral owned by any co-operative society. (b) The number of licensed dealers selling minor minerals in the area. (c) Availability of minor minerals of the kind required for sale. (d) General demand for minor mineral. ### 73. Display of License. - Every dealer shall display the license granted to him under rule 71 in prominent place in a part of premises open to the public. ### 74. Maintenance of records of production and sale for inspection. - A dealer shall maintain in Form-U a record of all purchases and sale effected by him of each minor mineral showing the particulars of the source and quantity of purchase and of persons to whom, sold and a stock register in Form-V and other records, if any, as the Competent Officer may specify and such records shall be open to inspection by Competent Officer, District Mining Officer or any other officer authorised in this behalf by the Competent Authority. A dealer shall purchase the material only from the lease holder or permit holder and shall take from them transit pass for supply of material and shall preserve the same and produce the same when demanded by the Competent Officer. He shall also maintain a register of such transaction. ### 75. Furnishing of statement of accounts by a dealer. - Every dealer shall within seven days from the close of each month submit to the Competent Officer a statements of Accounts in Form-W of the total purchase and sale effected by him during the month. ### 76. Cancellation of license. - If a dealer fails to comply with any of the conditions of license or any of the provisions of the Act, rules or orders in this regard, the Competent Officer may by an order in writing cancel the license issued under these rules. ### 77. Period of license. - The period of dealer license shall be valid for a calendar year and shall expire on the 31st December of every year. ### 78. Transit pass for transporting of minor mineral. - Every producer and dealer shall keep with vehicle transporting the material, the transit Bar-coded pass in Form-X, duly certified by the Competent Officer. The transit pass shall be in duplicate. Duplicate copy shall be retained by the producer or dealer. The original copy of the transit pass shall be handed over to the purchaser after unloading the minor mineral. In absence of the transit pass, the minor mineral carried through the vehicle will be treated as illicit and authorised. The truck along with material shall be confiscated by the Competent Officer, Police or any person authorised for this purpose by the Competent Officer. The vehicle so seized shall only be released on payment of cost of material, royalty and taxes and fine imposed thereon. The fine so imposed may not exceed three times the market value of the mineral so seized and also may not be less than the market value of the material so seized. Chapter - VII Offences, Penalties and Prosecution. ### 79. Unauthorised Operation. (1) No person shall undertake any quarry operation or collection of any mineral in any area without the lawful authorization or permission granted by the Competent Officer under the provisions of these rules. (2) No lessee or permit holder shall undertake any quarry operation in any area except under and in accordance with the terms and conditions of quarry lease or quarry permit under these rules. (3) If the Competent Officer finds that the lessee or permit holder has contravened sub- rule(2), he may order cancellation of lease or permit without compensation after giving due opportunity of being heard. (4) Whoever contravenes the provisions of these rules shall also be punishable in accordance with the Act: Provided that, nothing in this rule shall affect the provisions of the Maharashtra Land Revenue Code, 1966 and rules framed thereunder. ### 80. Power of entry and inspection. (1) For the purpose of ascertaining the position of the working, actual or prospective of any mine or abandoned mine or for any other purpose connected with these rules the State Level Vigilance Squad, the Competent Officer, Controlling Authority, Mining Officer and any other officer authorised by the Competent and Controlling authority or the State Government in this behalf by general or special order, may,- (a) enter and inspect any mine; (b) survey and take measurements in such mine; (c) weigh, measure or take measurements of the stocks of mineral laying at the mine; (d) examine any document, book, register or record in the possession or power of any person having the control of or connected with any mine and place, marks of identification thereon and take extracts from or make copies of such document, book, register or record; (e) order the production of any such document, book register as is referred in clause (a); and (f) examine any person having the control of or connected with any mine; (2) Notwithstanding anything contained hereinabove, Forest Officer not below the rank of Deputy Conservator of Forest may enter, inspect without prior notice the mining area for the purpose of protecting and conservation of forest and preservation or violation of Forest (Conservation) Act, 1980 Wild Life (Prevention) Act, 1972 etc. to examine that the Forest Acts, Rules, Guidelines of Government of India and Courts orders are not violated. ### 81. Recovery of certain sums as arrears of land revenue. - Any rent, royalty, tax, fee or any other sum due to the Government under these rules and under the terms and conditions of quarry lease, permit or auction on a Certificate from Competent Officer or as may be specified by him be recovered in the same manner as an arrears of land revenue. Chapter - VIII 82. Appeal. (1) Any person aggrieved by an order of the Competent Officer - (1) refusing to grant a quarry lease, (2) cancellation or determination of lease, (3) refusing quarry permit, (4) sand block auction or (5) dealer's license, may appeal within a period of sixty days of the date of such order to the; (i) Collector or Additional Collector in case of order passed by Sub- Divisional Officer, (ii) to the Divisional Commissioner in case of order, passed by the Collector, (2) In case of any order passed by the Divisional Commissioner, the appellate authority will be the Government or any Officer appointed by Government in this behalf. (3) The orders passed by the Government under appeal shall be final. ### 83. Form of appeal and fees. (1) An appeal under rule 82 shall be made in Form-Y in duplicate along with the grounds of appeal. (2) The appeal shall be accompanied by court fee of rupees one thousand. Chapter - IX Revision and Review ### 84. Power of Government to call for and examine records and proceedings. - The Government may call for and examine the records of any enquiry or the proceedings of any Competent Officer or any other concerned officer for the purpose of satisfying itself, as to the legality or propriety of any decision or order passed and as to the regularity of the proceedings of such officer: Provided that, the Government shall not revise or reverse any order affecting any question of right between private person without giving to the party or parties an opportunity of being heard. (1) The Government or the Competent Officer may, either 'Suo-moto' or on the application of any party interested, review any order passed by itself or himself or any of its or his predecessors in-office and such orders in reference thereto as it or he thinks fit: Provided that, (i) no order shall be revised or reversed without giving opportunity to the parties of being heard. (ii) no order, from which an appeal has been preferred shall, so long as such appeal is pending, be reviewed. (2) no order shall be reviewed except on the following grounds, namely:-- (i) discovery of new and important matter or evidence; (ii) any mistake or error apparent on the face of the record; or (iii) any other sufficient reason. (3) an order which has been dealt within appeal shall in no case be reviewed by the Competent Officer or any concerned officer. (4) Orders passed in review shall on no account be reviewed. Chapter - X Miscellaneous ### 85. Power of Government. - In case of any dispute or any question or any other matter regarding any term or condition of quarry lease or anything connected with the quarries or minor minerals specified in the lease, the decision of the Government shall be final and binding on the lessee: Provided that, the Government shall not exercise this power without giving proper opportunity to the lessee o being: Provided further that a condition to this effect shall be provided in the lease-deed. ### 86. Application of these rules to renewal. - Where a quarry lease or any other concession for quarry of a minor mineral or minerals, granted before the commencement of these rules is renewed after such commencement, these rules shall apply in relation to such renewal of quarry lease granted after such commencement. ### 87. Invalidity of minor mineral concession in certain cases. - In case, a quarry permit is granted by one Competent Officer over an area wherein a quarry lease is already granted may not be executed and quarry operations may not have been commenced by another Competent Officer or even by the same Competent Officer the permit shall become invalid and shall not be allowed to be worked, and in such case, the quarry permit fee shall be refunded to the applicant by the Competent Officer, who has granted the same. Similar provision shall apply in case any quarry permit is granted over an area wherein any quarry- permit is granted, earlier: It shall be binding on every Competent Officer within a District or any other concerned officer to provide up-to-date and self-contained data of any minerals concession granted by him to all the other Competent Officer within the same District and to the Director. It shall also be binding upon all such Competent Officers to maintain such up-to- date correct data and to have it's reference prior to any mineral concessions within their respective jurisdiction. ### 88. Powers of State Government to give directions. - Not-withstanding anything contained in the foregoing provisions of these rule, if the State Government is of the opinion that it is necessary so to do in the interest of labourers who work in mines, the State Government may by an order direct that in the matter of grant of quarry lease or quarry permits under these rules preference may be given to Co-operative Labour Societies consisting of such labourers or reserve any area in which such leases or permits may be granted to such Societies only. ### 89. Repeal and Saving. (1) The following rules hereby repealed namely:- (1) The Rules Regulating the Working of Minor Minerals, 1954 (2) The Bombay Minor Mineral Extraction Rules, 1955. (3) The Maharashtra Minor Mineral Extraction (Vidarbha Region) Rules, 1966. (2) Notwithstanding such repeal, anything done or any action taken or purported to have been done or taken under any of the rules repealed by sub-rule (1) shall in so far as it is not inconsistent with the provisions of these rules be deemed to have been done or taken under the corresponding Provisions of these rules. Form - A (See rule 8) (Annual Report of Prospecting Operations) Important This report duly filled in must reach the Concerned authorities by 30th April for the previous year or within 30 days from the date of abandonment or within three months after the expiry of prospecting license or completion of prospecting operation, which ever is earlier. To The State Government concerned or any person so authorized. ### 1. Type of the minor mineral for which prospecting operation has been granted: ### 2. Name and address of the license ### 3. Particulars of the prospecting license : (i) Date of execution : (ii) Period : Years From to : (iii) Area under license : Hectares (iv) No. and date assigned by State Government to Prospecting Licensed No. Date: ### 4. Location of the prospecting licensed area : (i) Topo sheet Number : (ii) Cadastral Survey or Khasra Number : (iii) Village: Taluka/Tehsil : District: State: (iv) Post Office: Police Station: (v) Nearest railway station : Distance: (vi) Nearest Rest House/Dak Bungalow: ### 5. Particulars of the Mining Engineer or Geologist employed optionally, if any, for the prospecting licenced area: (i) Name and address : (ii) Qualification : (iii) Date of appointment : (iv) Status of employment : Whole time: Part time : ### 6. Status of Prospecting Operation : In Progress : Please tick mark on the boxes Completed : Whichever is applicable Abandoned : ### 7. Total surface area covered by prospecting work (hectare) : ### 8. Prospecting work completed during the year : (a) Geological mapping : Area in Hectare Scale : (b) Pitting (i) No. of Pits : (ii) Grid pattern : (iii) Depth (Mts.) Average : Maximum : Minimum : (c) Trenching (i) No. of trenches (with interval) : (ii) Length (Mts.) Average : Maximum : Minimum : (d) No. and size of samples : (e) Drilling : (i) No. of boreholes completed during the year (with size of core): (ii) No of boreholes in progress : (iii) Total yearly drilling (Mts.) : (f) Particulars of drilling machines Type Make Capacity No. of drills (g) Details of samples tested: (i) No. of samples tested : (ii) Complete report : (Testing the suitability as per market requirement) Place : Date : Signature : Name in full : Designation : Note. - Please enclose a geological report describing the prospecting operations undertaken so far accompanied by the detailed geological plans and sections showing structural details such as joints, fractures, folds, faults, grain size, texture etc. and also showing locations of (a) bore holes (b) pits, (c) trenches, (d) sample positions etc. The report shall also contain the bore hole logs and the inferences drawn as a results of the study of the geology of the area and the interpretation of the bore hole core, pits, trenches, reserves of minor mineral and complete report of at least two representative samples indicating quality and suitability of mineral as per market requirements. Form - B (See rule 11(1) ) Affix here Court - Fee Stamp of Rs. 20 Application For Quarry Lease. Received:- At :- (Place) On :- (Date) (Initials of Receiving Officer or the Official authorized for this purpose) (Name and Designation) Dated day of 20----- To, The Competent Officer (Designation) At:- (Place) Sir, (1) I / We request that a quarry lease under 'The Maharashtra Minor Minerals Extraction (Development and Regulation) Rules, 2013 may be granted to me/us. (2) A sum of Rs. /- (Rupees ) , being the fee for of this application vide Treasury ................. Challan Number ........... dated................. (3) (i) Name of the applicant with Complete address :- (Local as well as permanent addresses along with PH, Fax Nos. and email address) (ii) Status of the applicant: - a private individual / private company/ public company/ firm or association. (iii) In case applicant is ,- (a) an individual, his nationality.:- (b) a private company, the nationality of all members of the company along with place of registration, registration number and date.:- (c) a public company, the nationality of the Directors, the percentage of share capital held by Indian nationals along-with place of incorporation.:- Affix here Court - Fee Stamp of Rs. 20/- (d) Firm or association, the nationality of all the partners of the firms or members of the association. (iv) Profession or nature of business of the applicant.:- (v) Minor mineral or minerals which the applicant intends to mine.:- (vi) Purposes for which extracted minor minerals are to be used (to specify the 'end-use' of the mineral also):- (vii) Period for which quarrying lease is required.:- (viii) Details of the area in respect of which quarrying lease is granted :- (a) Area (In Hectares):- Survey/Khasra/Gat Numbers :- Village (with p.c. number) :- District :- (b) A map, in duplicate, giving the description of the applied area, (or a plan) showing as accurately as possible, the situation, boundaries and area of the land in respect of which quarrying lease is required (adjoining survey numbers on the periphery of applied area must also be shown):- (ix) Number and date of valid, royalty clearance certificate of mineral - revenue dues or a property sworn - in affidavit regarding non-holding of any lease any where else in the State.:- (x) Particulars of the mineral wise areas, within the jurisdiction of the State Government for which the applicant or any person joint in interest with him:- (a) is/ are already holding under quarrying lease/leases/permit/permits.:- (b) has/have already applied for but not granted, so far/ refused.:- (c) Is/are applying, simultaneously, beside this application.:- (xi) Nature of joint interest, if any.:- (xii) Financial resources of the applicant (viz. 'Solvency Certificate'/ Bank Guarantee as prescribed (a) PAN Card Copy (b) TIN CARD copy (c) Income Tax returns of the preceding Year. (xiii) Certified true copies of relevant extract of record of Rights pertaining to applied area. (xiv) Any other particulars which the applicant wishes to furnish:- I / We do hereby declare that, the particulars furnished above are correct and that I / We am / are ready to furnish any other details including accurate plans and security deposit etc. as and when it may be asked for by you. Yours faithfully, Place:- Date:- (Signature of the applicant) Note. - If the application is signed by an-authorized agent of the applicant, a certified true copy of the 'power of attorney' should be attached to this application. Form-C (See rule 11(3) ) Application For Renewal of Quarry Lease. To: The Collector of -------------------- Sir, I/We request for renewal of my/our quarrying lease under (1) The Maharashtra Minor Mineral Extraction (Development and Regulation) Rules, 2013. (2) A sum of Rs. 100/- (One hundred) being the fee in respect of this application has been deposited vide challan No.-----------, dated------------. (3) The required particulars are given below :- (i) Name of the applicant with complete address. (Local as well as permanent address along with phone, fax Nos. and email address to be given) (ii) Is the applicant a private individual/private company/public company/firm or association. ( A true copy of the documents in support to be enclosed) (iii) In case applicant is :- (a) an individual, his nationality. (b) A private company, the nationality of all members of the company along with place of registration along with registration number and date. (c) A public company the nationality of directors, the percentage of share capital held by Indian Nationals along with place of in corporations. (d) A firm or association, the nationality of all the partners of the firm or members of the association. (iv) Profession or nature of business of applicant. (v) No. and date of valid clearance certificate of payment of mining dues. (vi) (a) particulars of area of the quarrying lease of which renewal is desired. (vii) (b) details of previous renewal granted, if any. (vii) Period of which renewal of quarrying lease is required. (viii) Whether renewal is applied for the whole or for the part of the lease- hold area. (ix) In case the renewal applied for is only for part of the leasehold : (a) The area applied for renewal: (in hectares) (to be calculated by the applicant, as precisely, as possible) (b) Descriptions of the area applied for renewal ( description should be adequate for the purpose of demarcating the same) with copy of land plan showing Survey / Khasara No./Gat numbers applied for under renewal in duplicate, (Precisely also showing Survey /Khasara No./Gat Nos. previously held but not applied for under renewal. (x) purpose for which extracted minor minerals are to be used. (to specify the end use also). (xi) Any other particulars which the applicant wishes to furnish. I/We do here by declare that the particulars furnished above are correct and am/are ready to furnish any other details including accurate plans as required by you, before the grant of renewal of the lease. Yours faithfully, Place : Date : Signature and Designation of the applicant. Note. - If the application is signed by an authorized agent of the applicant a true attested copy of power of attorney should be attached. Form -D (See rule 13(4) ) Acknowledgement of Application for quarry lease Sr. No. Date:- Received an application with the following enclosure for a Quarry lease/renewal of quarry lease from Shri .................................................... On ................................................for............................... Hectares of land from Khasara No..........................................from village............................District.................... for.............................. (Mineral) Place:- Date:- Signature and Designation. of Receiving Officer. Form-E (See Rule 14(3) ) Agreement of Quarry Lease This Indenture made at ........... this ............. Day of ..................20.. Between the Governor of Maharashtra exercising the executive power of the State of Maharashtra hereinafter referred to as "the Government" (which expression shall unless the context dose not so admit be deemed to include his successors in office and assigns) of the One Part And (\* when the lease is individual) (1) Name of the person .................................... of (address and occupation) ..................................... hereinafter referred to as "the lessee (which expression shall unless the context dose not so so admit be deemed to include his heirs, executors, administrators, representatives and permitted assign) or (\* When the lessees are more than one individual) (1) Name of the person ........................ of address and occupation ................................................ (2) Name of the person ........................ of address and occupation ................................................ (3) Name of the person ........................ of address and occupation ................................................ All hereinafter collectively referred to as "the lessee" (which expression shall unless the context dose not so admit be deemed to include his heirs, executors, administrators, respective heirs, or executors, administrators, representative and their permitted assigns) or (1) Name of the person ..........................................Of (address and occupation) ................................. (2) Name of the person ..........................................Of (address and occupation) ................................. (3) Name of the person ..........................................Of (address and occupation) ................................. All carrying on business in partnership at (Address of the firm or syndicate) ......................................... ....................... registered under (Act under which registered ) ...................................................... Having its registered office at ........................................ Hereinafter referred to as "the lessee" hereinafter referred to as "the lessees" (which expression shall unless the context dose not so admit be deemed to include all the partners of the said firm, their representatives, executors, administrators and permitted assigns) (4) Name of Company ......................................................... a company registered under (Act under which incorporated) ................................................. and having its registered office at (Address) .................................................................. hereinafter referred to as "the lessees" (which expression shall unless the context dose not so admit be deemed to include its successors and permitted assigns) of the other part. Whereas the Lessee or Lessees has or have applied to the .......................... (Designation) the competent authority concerned, (hereinafter referred to as " the competent authority") in accordance with the Maharashtra Minor Mineral Extraction(Development and Regulation) Rules, 2013 (hereinafter referred to as "the said rules") for a grant of mining lease for ....................... (purpose) .............................. in respect of the lands described in Part-I of the Schedule hereunder written, and whereas the competent authority by his Order No ..................... dated ........................, issued under the said rules sanctioned the said application of the lessee or lessees for grant of mining lease, subject to the terms and conditions mentioned therein and whereas the Lessee or Lessees has or have arranged to get the mining lease are duly demarcated through Taluka Inspector of Land Record (TILR) and submitted a map duly certified by TILR to the Competent Authority for execution of mining lease in Part I of the Schedule; And whereas at the time of execution of these presents the lessee has paid in cash to the competent authority security deposit of Rs. .........................../- being the amount calculated at the rate of Rs. 50,000/- per hectare or part thereof for the purpose of restoration and reclamation of the lease area to the satisfaction of the competent authority. Rents and royalties covenants and agreements by and in these presents and the Schedule hereunder written reserved and contained and on the part of the lessee or lessees to be paid, observed and performed the State Government doth hereby grants and demises unto the lessee or lessees. All those the quarries, mines strata or veins scams and beds (here state the Minor Mineral or Minerals (hereafter and in the schedule referred to as the said minerals ..................) situated lying and being in or under the lands which are referred to in Part-I of the said Schedule, together with the liberties, powers and privileges to be exercised or enjoyed in connection herewith which are mentioned in Part-II of the said Schedule subject to the restrictions and conditions as to the exercise and enjoyment of such liberties, powers and privileges which are mentioned in Part-III of the said Schedule except and reserving out of this demise unto the State Government the liabilities, powers and privileges mentioned in part IV of the said Schedule to hold the premises hereby granted and demised unto the lessee or lessees from the .......... Day of ...........20... for the term of .......... Years, hence next ensuing yielding and paying therefore unto the State Government the several rents and royalties mentioned in Part-V of the said Schedule at the respective times therein specified subject to the provision contained In Part-VI of the said Schedule and the lessee or lessees hereby covenants or covenants with the State Government as in Part-VII of the said Schedule is expressed and the State Government hereby covenants with the lessee or lessees as in Part-VIII of the said Schedule is expressed and it is hereby mutually agreed between the parties hereto as in Part-IX of the said Schedule is expressed. The Schedule Part-I The Area of This Lease \*Location and area of the lease. All the tract of India situated at ...................... (Village/town) (Description of area or areas) ...................... in (Mahal/Taluka) in ............................. the Registration District of ....................... Sub-District ............ ................. and District ........................... bearing S. Nos./F.S. Nos./Forest Coupe Nos. ....................... Containing an area of.................................. or thereabouts delineated on the plan hereto annexed and thereon coloured ........................ and bounded as follows:- On the North by........................................ On the South by ......................................... On the East by .......................................... On the West by ......................................... Hereinafter referred to as "the said lands". Part-II Liberties, Powers and Privileges To Be Exercised and Enjoyed By The Lessee or Lessees Subject To The Restrictions and Conditions In Part-III To enter upon land and search for win work, etc. ### 1. Liberty and power at all time during the term hereby demises to enter upon the said lands and to search for mine/quarry, bore, dig, drill fox, win, work, dress, process, convert, carry away and dispose of the said minor mineral. ### 2. Liberty and power for or in connection with any of the purposes mentioned in this part to sink, drive, make, maintain and use in the said lands any pits, shafts, inclines, drifts, levels, waterways and other works. ### 3. Liberty and power for or in connection with any of the purposes mentioned in this part to erect, construct, maintain and use on or under the said lands any engines, machinery, plant dressing flowers furnaces, coke oven, brick kilns, workshop, store house, bungalows, godown's, sheds and other structure. ### 4. Liberty and power for or in connection with any of the purposes mentioned in this part to make any tramway, railways roads and other ways in or over the said lands and to use, maintain and go and repass with or without horses, cattle, wagons, locomotives or other vehicles over the same (or any existing tramways, railways, roads and other ways in or over the said lands) or such conditions as may be agreed to. ### 5. Liberty and power for or in connection with any of the purposes mentioned in this Part to quarry and get minor mineral and to use the same and to use such bricks or tiles but not to sell any such material. ### 6. Liberty and power for or in connection with any of the purposes mentioned in this part but subject to the rights of any existing or future leases and with the written permission of the Collector of ............................. (hereafter called "the Collector" which expression shall include any other officer authorized by the State Government in that behalf) to appropriate and use water from any streams, water courses, springs or other sources in or upon the said land and to divert, step up or dam any such stream or water course and collect or impound any such water and to make, construct and maintain any water-course culverts, drain or reservoirs but not as so to deprive any cultivated lands, villages, buildings, or watering places for livestock of a reasonable supply of water as before accustomed nor in any way to foul or pollute any stream or springs. Provided that, the lessee or lessees shall not interfere with the navigation in any navigable stream nor shall divert such stream without the previous written permission of the State Government. ### 7. Liberty and power to enter upon and use a sufficient part of the surface of the said land for the purpose of stacking, heaping, storing or depositing thereon any produce of the mines quarries on work carried on and any tools, equipment, earth and materials and substances dug or raised under the liberties and powers mentioned in this Part. ### 8. Liberty and power to enter upon and use a sufficient part of the said lands to beneficiate process, dress, convert the said mineral produced from the said land and to carry away such beneficiate process, dress, convert the said mineral produce from the said land and to carry away such beneficiated or processed, dressed, converted mineral. ### 9. Liberty and power for or in connection with any of the purposes mentioned in this part to fell timber or trees or brushwood now standing or which hereafter may be standing upon the Forest or reserved forest land included in the lease for the area for which clearances from forest department of Government of India has been obtained and for which prior permission in writing has been given by the concerned Divisional Forest Officer. The shall Keep a correct account of the number of trees or timer fell by him, from time to time, and shall hand it over the Forest Department. Part-III Restrictions and Conditions As To The Exercise of The Liberties, Power and Privileges In Part-II ### 1. No building or thing shall be erected, set up or placed and no surface operation shall be carried on in or upon any public pleasure ground, burning or burial ground or place held sacred by any class of person or any house or village site, public road or other place which the State Government may determine as public ground nor in such a manner as to injure or pre-judicially effect any building works, property or rights of other person an no land shall be used for surface operations which is already occupied by person other than the State Governor for works or purposes not included in this lease. The lease shall not also interfere with any right of way, well or tank. ### 2. Before using for surface operation any land which has not already been used for such operations the lessee or lessees shall give to the competent authority ............ days/months/calendar previous notice in writing specifying the name or other description of the situation and the extent of the land proposed to be so used and the purpose for which the same is required and the said land shall not be so used if objection is issued by the Competent Authority within one month after the receipt by him of such notice unless the objection so stated shall on reference to the State Government be annulled or waived. ### 3. The lessee or lessees shall not without the express sanction of the Competent Authority cut down or injure any timber or trees on the said lands but may without such sanctioned clear away any brushwood or undergrowth which interferes with any operations authorized by these Mining, the discovery in the areas , comprised in his or their lease, or any minerals not specified in these lease. Part-IV Liberties, Powers and Privileges Reserved To The State Government ### 1. Liberties and powers for the State Government or any lessee or person authorized by it in that behalf to enter into and upon the said lands and to search for win, work, dig, gel, raise, dress, process, convert and carry away any minerals other than said minerals and any other substances and for those purposes to sink, drive, make, erect, construct, maintain and use such pits, shafts, inclines, drifts, levels and other lines waterways, airways, water coerces, drains, reservoirs, engines, machinery, plant, buildings, canals, transways, railways, roads, ways and other and conveniences as may be deemed necessary or convenient: Provided that, in exercise of such liberty and power no substantial hindrance or interferences shall be caused to or with the liberties, powers and privileges of the lessee or lessees under these presents and that the lessee or lessees shall be entitled to such fair compensation as may be mutually agreed upon or in the event of disagreement as may be determined by the Competent Authority or any other officer appointed by the State Government in respect of all loss or damage sustained by the lessee or lessees by reason or in consequences of the exercise of such liberty and power. ### 2. Liberty and power to the State Government or Central Government to construct any road, railway or canal, reservoir or to carry away electric or telephone lines in or ever the lands under lease is reserved. Provided that before such liberty or power is exercised a notice of not less than sixty days shall be given to the lessee and the area utilized by Government for any of the aforesaid purposes shall be excluded from the area under the lease and the lessee will not be entitled to claim any compensation for such exclusion. Part-V Rents and Royalties Reserved By This Lease ### 1. The lessee or lessees shall not be liable to pay in respect of any half yearly period both the dead rent reserved by clause 2 of this Part and also the sum of the royalties reserved by clause 3 of this Part but shall pay the said sum only whichever is higher. ### 2. Subject to the provision of clause 1 of this part, as from the day of .................20.. during the substance of this lease the lessee or lessees shall pay to the State Government the dead rent for every six months period on 31st January and 31st July of every year and the rate specified by Government and as applicable on the date of this lease . These rates are subject to revision, from time to time. ### 3. Subject to the provision of clause 1 of this part the lessee or lessees shall during the substance of this lease pay royalty to the State Government at the rates specified. Such payment of royalty shall be made by the lessee in advance in each quarter in the manner prescribed in rule of the said rule. Provided that the rate is liable to be revised by the State Government once in every three years and the lessee shall then pay to the State Government royalty at such revised rates. The privilege rate of royalty and manner of its payment. ### 4. The lessee or lessees shall pay surface rent to the State Government in respect of the said land at the rate as may be specified by Government, from time to time under the authority of these presents from the commencements of such occupation or use until the area shall cease to be so occupied or used and shall so far as possible be restored to its original condition or reclaimed. Such surface rent at much rate as prescribed shall be paid upon each of the half yearly dates hereinbefore appointed for the payment of annual dead rent. Part-VI Provisions Relating To The Rents and Royalties ### 1. The royalties mention in Part-V of the Schedule shall be paid free from any deduction to the State Government. ### 2. For the purpose of computing the said royalties the lessee or lessees shall keep a correct account of the mineral or minerals actually produced from against all claims which may be made by any person or persons in respect of any such damage, injury or disturbance and all costs and expense in connection therewith. ### 3. The lessee or lessees shall during the substance of the lease well and sufficiently secure and keep open with timber or other durable means all pits, shafts and working that may be made or used in the said land and make and maintain sufficient fences to the satisfaction of the State Government round every such pit or working whether the same is abandoned or not and shall during the same period keep all working in the said land except such as maybe abandoned accessible free from water and foul air as far as possible. The lessee or lessees shall also take adequate steps to ensure that- (a) Heights and width benches and levels do not exceed 3 meters and in open quarries are properly maintained to facilitate easy removal of the mineral and the muck; (b) Slopes of open mine area not more than 450 in case of soft. (c) The working faces are always kept clean; (d) The Mineral and/or beneficiated, process, dressed products therefore won are stacked in suitable dimension and each such stack is numbered or marked in manner deemed fit by the competent authority; (e) The proper sanitation of the area leased to him is maintained. ### 4. The Lessee or Lessees shall strengthen and support to the satisfaction of the railway administration concerned or the State Government or any other competent authority controlling the provision of any law for the time being in force relating to the working of mines and matters affecting surety, health and labour matters, as the case may be, any part of the mine which in its opinion, requires such strengthening or support for the safety of any railway, reservoir, canal, road and other public works or structures. ### 5. The lessee or lessees shall submit, from time to time, or when required, progress report to the collector and the District of Geology and Mining, along with analysis and representative sample of the mineral collected during the mining operations as also the annual return or prescribed return in the manner prescribed by them, from time to time. ### 6. The lessee or lessees shall allow any officer authorized by the Central Government or the State Government or the competent authority or the Director of Geology and Mining under the said rule in the behalf to the enter upon the premises including any building excavation or land comprised in the lease for the purpose of inspecting , examining , surveying and making plan thereof, sampling and collecting any data and the lessee or lessees shall with proper person employed by the lessee or lessees acquainted with the mine and work effectively assist such officers, agent, servants and workman in conducting every such inspection and shall afford them all facilities information connected with the working of the mine which they reasonably require, such officer may issue such reasonable directions, as he may deem fit to prevent wasteful extraction of mineral and it shall be the duty of the lessee or lessees his or their agent or manager to carry out such directions within such period as the officer may specify. The lessee or lessees his or their agent or manager fails to carry out such direction within the specified period, the competent authority may determine the lessee or may impose a penalty at the rate of Rs.500 per day till such directions are compiled by the lessee or lessees. ### 7. The lessee or lessees shall report all accident to the District Magistrate and Director of Mines and Safety and the District Superintendent of Police. In case of any accident causing death or serious bodily injury or serious injury to property or seriously affecting or endangering life or property which may occur in the course of the operations under this lease, the lessee shall send a complete report without any delay of such an accident to the said officers. ### 8. Whenever the lessee or lessees shall find in the said land mineral other than the said minerals the lessee or lessees shall report such discovery in writing to the competent authority and to the Director of Geology and Mining with full particulars of the nature and position of each such find within a fortnight and shall not dispose of such mineral, in case of discovery of any other minor mineral, for which lease is not granted, the lessee shall report the discovery to the competent authority within eight days who may grant a lease in respect of such other minor mineral. In case discovery of major mineral, the lease shall report the discovery to the competent authority and the Director within a fortnight and shall not mine and dispatch such major mineral. The lessee, if interested, may apply for grant of lease of such minor mineral under Mineral Concession Rules, 1960. ### 9. The lessee or lessees shall at all time during the said term keep or cause to be kept at an office to be situated upon or near the said lands correct and intelligible books of account which shall contain accurate entries showing from time to time,- (1) Quantity and quality of the said mineral realized from the said lands; (2) Quantity of the various qualities of the said minerals beneficiated, processed or converted; (3) Quantities of the various qualities of the said mineral sold and disposed off separate and the manner and purpose of such sale and disposal; (4) The price and all other production of all sale of the said mineral; (5) The number of person employed in the mine or works or upon the said lands specifying nationality, qualification and pay of the technical personnel; (6) Such other facts, particulars and circumstances as the competent authority or the Director of Geology & Mining may, from time to time , require and shall also furnish fee of charge to such officers and at such times they may prescribe true and correct abstract of all or any such books of accounts and shall at all times allow such officers or any other officer as the State Government shall in that behalf appoint, to enter into and have free access to, for the purpose of examining and inspecting the said books of accounts and to make copies thereof and make extracts there from. ### 10. The lessee or lessees shall at all time during the said term maintain at the mine office correct intelligible up-to-date and complete plans and sections of the mines in the said lands. They shall show all the operations and working and all the trenches, pits and drillings made by him or them in the course of operations carried on by him or them under the lease, faults and other disturbances encountered and geological data (and all such plans and section shall be amended and filled by end) from actual surveys to be made for that purpose at the end of twelve months or any period specified, from time to time, and all lessee or lessees shall furnish free of charge to the Competent Authority and to the Director of Geology and Mining true and correct couples of such plans and section whenever these are required. Accurate records of all trenches, pits and drilling shall show,- (a) the subsoil and strata through which they pass; (b) any other mineral encountered; (c) any other matter of interest and all data required by the State Government, the Competent Authority or Director of Geology and Mining to inspect the same at all times. The lessee or lessees shall also allow any officer authorized by the Central or State Government or the competent authority or the Director of Geology and Mining to inspect the at all times. ### 11. The lessee or lessees shall be bound by the provisions of any laws for the time being in force, relating to the working of the mines or quarries and matter affecting safety, health and convenience of the lessee or lessees employees or of the public. ### 12. The lessee or lessees shall respect all existing rights of way, water and other easement and shall not carry on mining or other operations. Under the said lease in any way, other than the prescribed under these rules. ### 13. The lessee or lessees shall make and pay reasonable satisfaction and compensation for all damage, injury or disturbances of person or property which may be done but or on the part of the lessee or lessees in exercise of the liberties and powers granted by these presents and shall at all times save harmless and keep indemnified the State Government from and against all suits, claims and demands which may be brought or made by any person or person in respect of any such damage, injury, injury or disturbances. ### 14. The lessee or lessees will exercise the liberties and powers hereby granted in such a manner as to offer no necessary or reasonably avoidable obstruction or interruption to the development and working within the said lands of any mineral not included in the lease and shall at all times affords to the Central and State Government and to the holders of mining lease, permits and prospecting license or mining lease in respect of any such minerals or any minerals within any land adjacent to the said lands, as the case may be, reasonable means of access and safe and convenient passage upon the across the said lands to such minerals for the purpose of getting, working, developing and carrying away the same provided that the lessee or lessees shall receive reasonable compensation for any damage or injury which he may sustain by reason or in consequence of the use of such passage by such lessees or holders of prospecting license. ### 15. The lessee or lessees shall not without previous approval of the Competent Authority assign or subject, mortgage or in any other manner transfer mining lease as a whole or any right therein. ### 16. Whenever the security deposits as provide in rule 14 of the said rules or any part thereof or any further sum hereafter deposited with the State Government in replenishment thereof shall be forfeited or applied by the Competent Authority pursuant to the power hereafter declared in that behalf the lessee or lessees shall deposit with the State Government such further sum as may be sufficient with the inappropriate part thereof to bring the amount in deposit with the State Government up to the sum equal to the said full security deposit amount. Lessee or lessees on or in connection with the said lands or operations under this lease and during such possession or control the lessee or lessees shall confirm and obey all directions given by or on behalf of the Central or State Government regarding the use or employment of such works, plants, premises and minerals. Provided that after compensation which shall be determined in default or agreement by the State Government shall be paid to the lessee or lessees for all loss or damage sustained by him or them by reason or in consequences of the exercise of the power conferred by this clause and provided also that the exercise of such powers shall not determine the said term hereby granted or effect the terms and provisions of these presents further than may be necessary to give effect to the provisions of this clause. ### 17. The lessee or lessees shall not light any fire upon the said lands if lying within the reserved forest areas except under such conditions as the Divisional Forest Officer may in writing specifying and the lessee or lessees and his or their workmen and employees shall render prompt assistance in extinguishing any fire on the said land or in their vicinity. The lessee or lessees shall be liable for all damage resulting from fire caused by the act or omission of the lessee or lessees or his or their employees and shall pay such compensation for the said damage as may be assessed by the Divisional Forest Officer as to the amount of compensation payable by the lessee or lessees shall be final and binding on the lessee or lessees. ### 18. (a) The lessee or lessees shall not remove any other produce except the minor minerals mentioned in the lease. The lessee or lessees shall without mining, the discovery in the areas, comprised in his or their lease, or any minerals not specified in the lease. (b) If any mineral not specified in the lease is or are discovered in the leased area, he or they shall not win and dispose of such mineral without obtaining lease or leases therefore ### 19. The lessee or lessees shall make available to the Government of India beryl or any other "substance prescribed" under section 3 of the Atomic Energy Act (Act No. XXIX of 1948) if they are found to occur in the said lands. ### 20. The State Government shall be immune from the lessee or lessees claim for damage on account of any land having been included in this lease which may subsequently be discovered not to have been available for the lease. ### 21. The lessee or lessees or his or their transferred or assignees shall not erect any building in contravention of the provisions of any law, for the time being in force, relating to the erection of building or in contravention of any order issue by such orders under any such laws within whose jurisdiction the leased area is situated. ### 22. The lessee or lessees shall abide by such instructions and direction as may be issued by the State Government from time to time, regarding conservation and development of minor minerals. ### 23. The lessee or lessees shall bear and pay the stamp duty and registration charges on this documents. Part VII – Systematic and Scientific Mining --------------------------------------------- ### 1. Protection of environment:- Every holder of a prospecting license or a lease shall take all possible precautions for the protection of environment and control of pollution while conducting prospecting, mining or processing of minor mineral in the area for which such license or lease is granted. ### 2. Removal and utilization of top soil:- (1) Where top soil exists and is to be excavated for prospecting or mining operations for minor mineral, it should be removed separately. (2) The top soil so removed shall be utilized for restoration and rehabilitation of the land which is no longer required for prospecting or mining operations or for stabilizing or landscaping the external dump. (3) Where top soil cannot be used concurrently, it shall be stored separately for future use, keeping in view that the bacterial organism should not die and should be spread nearby area. ### 3. Storage of overburden, waste rock etc.:- (1) The overburden, waste rock and non-saleable minor mineral generated during prospecting or mining operations for minor mineral shall be stored separately in properly formed dumps on grounds earmarked. (2) Such dumps shall be properly secured to prevent the escape of material in harmful quantities which may cause degradation of the surrounding land or silting of water courses. (3) Wherever possible, such waste rock or overburden or other rejects, shall be back filled into the worked out minor mineral quarry, where minor mineral has been recovered up-to the optimum depth, with a view to restore the land to its original use or desired alternate use, as far as possible and where the back filling is not feasible, the waste dumps shall be suitably terraced and stabilized by planting vegetation or otherwise. ### 4. (i) Reclamation and Rehabilitation of lands :- Every holder of prospecting licence or mining lease shall undertake the phased restoration, reclamation and rehabilitation of land affected by prospecting or mining operation and shall complete this work before the completion of such operations and abandonment of prospecting or mine. (ii) Restoration, Reclamation and Rehabilitation in a cluster: - Where large number of small mines are situated and worked out in clusters, at such places the provisions of quarrying of minor minerals should be done in a systematic and scientific manner. The programme of restoration and reclamation of the mined out area and rehabilitation must be made jointly in phased manner in the abandoned areas in the entire cluster of the minor minerals. Environmental clearance may be obtained by corporate body or the concept of Regional Environmental Assessment (REA) and Regional Environmental Management Plan (REMP) prepared accordingly. ### 5. Precaution against air pollution: - Air pollution due to dust, exhaust emissions or fumes during prospecting, mining or processing operations for minor minerals and related activities shall be controlled and kept within permissible limits specified under any environmental laws for the time being in force. ### 6. Discharge of effluents:- Every holder of a prospecting license or a lease shall take all possible precautions to prevent or reduce to a minimum the discharge of toxic and objectionable liquid effluents from minor mineral quarry, workshop or processing plant into surface of ground water bodies and usable lands. These effluents shall conform to the standards laid down in this regard. ### 7. Precaution against noise:- Noise arising out of prospecting, mining and processing operations for minor mineral shall be abated or controlled by the holder of prospecting licensee or a lessee at the source so as to keep it within the permissible limits. ### 8. Permissible limits and standards:- The standards and permissible limits of all pollutants, toxins and noise referred to in Rule 48, 49 and 50 above shall be those notified by the concerned authorities under the provisions of the relevant status from time to time. ### 9. Restoration of flora:- (1) Every holder of prospecting license or a mining lease shall carry out prospecting or mining operations as the case may be, in such a manner so as to cause least damage to the flora of the area held under prospecting license or mining lease in the nearby area. (i) Take immediate measures for planting in the same area or any other area selected by concerned authority or Regional Office of MOEF or the authorized officer not less than twice the number of trees destroyed by reason of any prospecting or mining operation, (ii) Look after them during the subsistence of the license or lessee after which these trees shall be handed over to the state Forest department or any other authority as may be nominated by the State Government. (iii) Restore, to the extent possible, other flora destroyed by prospecting or mining operation. Part - VIII The Covenants of The State Government ### 1. Lessee may hold and enjoy right quietly. - The lessee or lessees paying the rents and royalties hereby reserved and observing and performing all the covenants and agreements herein contained and on the part of the lessee or lessees to be observed and performed shall and may quietly hold and enjoy the rights and premises hereby demised for and during the term hereby granted without any unlawful interruption from or by the State Government, or any person rightfully claiming under it. ### 2. Acquisition of lands of third parties and compensation thereof. - If in accordance with the provision of clause 4 of Part VII of this Schedule, the lessee or lessees shall offer to pay to an occupier of the surface or any part of the said lands compensation for any damage or injury which may arise from the proposed operations of the lessee or lessees and the said occupier shall refuse his consent to the exercise of the right and powers reserved to the State Government and demised to the lessee or lessees by these presents and the lessee or lessees shall report the matter to the State Government and shall deposit with it the amount offered as compensation and if the State Government are satisfied that the amount of compensation offered is fair and reasonable or if it is not so satisfied and the lessee shall have deposited with it such further amount as the State Government shall consider fair and reasonable, the State Government shall order the occupier to allow the lessee or lessees to enter the land and to carry out such operations as may be necessary for the purpose of this lease. In assessing the amount of such compensation, the State Government shall be guided by the principles of the Land Acquisition Act, 1894. ### 3. To renew. - If the lessee or lessees be desirous of taking a renewed lease of the premises hereby demised or of any part of them for a further ten of.... Years from the expiration of the term hereby granted and of such desire shall at least 90 days prior to the expiration of the last mentioned term submit to the Competent Authority an application as provided in rule 19 of the said rules and such application shall be accompanied by non-refundable application fee of Rs. 500. The application so received for renewal of lease shall be disposed of by the Competent Authority before the expiry of the lease period. If the application is not disposed of before the expiry of lease, the period of this lease shall be deemed to have been extended for a further period of six months or till such date on which the applicant is informed about the refusal, whichever is earlier. The lessee shall continue to pay the rents and royalties hereby reserved and shall observe and perform the several covenants and agreements herein contained and on the part of the lessee or lessees during the period deemed to have been extended as aforesaid. The lease shall be renewable at the option of the lessee for one term not exceeding the duration of the original lease subject to the satisfaction of the Competent Authority. The Competent Authority, upon satisfaction, will, at the expense of the lessee or lessees and upon his or their executing and delivering to the State Government if required a counterpart thereof execute and deliver to the lessee or lessees a renewal lease of the said premises for the further term of ..... At such rents and royalties and on such terms and subject to such covenants and agreements, including this present covenant to renew as shall be in accordance with the said rules applicable to minor minerals on the day next following the expiration of the term hereby granted. ### 4. Liberty to determine surrender or relinquish any part of the leased area. - The lessee or lessees shall be at liberty to determine the lease or surrender or relinquish any part or parts of the leased area on giving not less than six calendar months notice in writing to the Competent Authority and upon the expiration of such notice provided that all sums due on account of the lease or of the surrendered part or parts shall have been paid, the lease shall be determined in respect of the whole of the area or the surrendered part or parts, as the case may be. If the lessee or lessees does or do not desire to surrender the whole of the area, a description of the part or parts which he desires to retain shall be made in the newly executed lease deed. ### 5. Refund of Security Deposit. - On such date as the Competent Authority may elect within six calendar months after the determination of this lease or of any renewal thereof, the amount of the security deposit paid in respect of this lease and then remaining in deposit with the State Government and not required to be applied to any of the purposes mentioned in this lease shall be refunded to the lessee or lessees. No interest shall be payable on the security deposits. The security deposits shall be refunded only after satisfactory completion of restoration and reclamation. Part IX – General Provisions ------------------------------ ### 1. (All the remaining conditions contained in rules 21, 22 and 23 of the said rules which have not been incorporated in Parts I to IX hereinabove are applicable.) ### 2. If the lessee or lessees ceases or cease to work the mine for a continuous period of six months the lease shall be liable to cancellation. Provided that lease shall not be cancelled if the lessee or lessees is or are prevented from th e- mine owing to some reasonable cause or if the lessee or lessees Ceases or cease to work with the prior permission of the Competent Authority. ### 3. If there is any dispute regarding their lease or any other matter or thing, construction of term or condition in this lease or anything connected with the lease or that working or non-working of the lease, the amount of payment of royalty or dead rent or its mode of payment to the Competent Authority, it shall be referred to the Director (Designation of Government Officer...........) whose decision shall be final and binding on the lessee. ### 4. Failure on the part of the lessee or lessees to fulfill any of the terms and conditions of this lease shall not give the State Government any claim against the lessee or lessees or be deemed a breach of this lease, in so far as such failure is considered by the said Government to arise from force majeure, and if through force majeure the fulfillment by the lessee or lessees any of the terms and conditions of this lease be delayed, the period of such delay shall be added to the period fixed by this lease. In this clause the expression "force majeure" means act of God, war insurrection, riot, civil commotion, strike, earthquake, tide, storm, tidal wave, flood, lightening, explosion, fire, and any other happening which the lessee or lessees could not reasonably prevent or control. ### 5. The lessee or lessees having first paid and discharged the rents and royalties payable by virtue of these presents may at the expiration of sooner determination of the said term or within six calendar months thereafter take down and remove for his own benefit all or any engines, machinery, plants, buildings, structures, tramways, railways and other works, erection and conveniences which may have been erected, set up or placed by the lessee or lessees in or upon the said lands and which the lessee or lessees is or are not bound to deliver to the State Government under clause 19 of Part VII of this schedule and which the State Government shall not desire to purchase. ### 6. Failure to fulfill the terms of lease due to "Force Majeure". - If at the end of six calendar months after the expiration or sooner determination of the said term or after the date from which any surrender by the lessee or lessees of a part or parts of the said lands under the provisions contained in clause 4 of Part IX of this Schedule become effective, there shall remain in or upon the said land or the surrendered part or parts thereof, as the case may be any engines, machinery, plant, buildings, structures, tramways, railways and other work erections and conveniences or other property which are not required by the lessee or lessees in connection with his or their operations in those parts of the said lands which he or they has or have not surrendered or in any other lands held by him or them under mining lease the same shall if not removed by the lessee or lessees within one calendar month after notice in writing requiring their removal has been given to the lessee or lessees by the State Government be deemed to become the property of the State Government and may be sold or disposed of in such manner as the State Government shall deem fit without liability to pay any compensation or to account to the lessee or lessees in respect thereof. ### 7. Lessee to remove his properties on the expiry to lease. - Every notice by these presents required to be given to the lessee or lessees shall be given in writing to such person resident on the said lands as the lessee or lessees may appoint for the-purpose of receiving such notices and if there shall have no such appointment even every such notice shall be sent to the lessee or lessees by registered post addressed to the lessee or lessees at the address recorded in this lease or at such other address in India as the lessee or lessees may, from time to time, in writing to the State Government designate for the receipt of notices and every such service shall be deemed to be proper and valid service upon the lessee or lessees and shall not be questioned or challenged by him. ### 8. For failure of property left more than six months after determination of lease. - This Mining Lease is granted subject to the provisions relating to grant of mining lease contained in Chapter II of the Maharashtra Minor Mineral Extraction Rules, 1998. Signed, Sealed and Delivered By Shri--------------------(Name) ----------------- ---------------------------------Designation ----------- For and on behalf of the Governor of Maharashtra in the presence of ----- (1) --------------------------------------------- (2) --------------------------------------------- (1) Signed and Delivered By The Within Named Shri/smt ---------------------------- The Lessee, In The Presence of --------- Or (2) Signed and Delivered By The Within Named Sarvashri (1) ------------------------------------------------ (2) ----------------------------------------------- (3) ------------------------------------------------- The Lessees in the presence of ---------- (1) -------------------------------------------------- (2) -------------------------------------------------- Or (3) Signed and Delivered By The Within Named Sarvashri (1) ---------------------------------------------------- (2) ---------------------------------------------------- (3) --------------------------------------------------- The Lessees in the presence of ----------- (1) ---------------------------------------------------- (2) ---------------------------------------------------- or (4) The Common Seal of M/s ------------- Limited Company was pursuant to the Form F (See Rule 34) (Notice of Intimation of Opening of Mine /Quarry ) ### 1. (i) Name of minor mineral worked : (ii) Name of other mineral(s) worked, if any : ### 2. Name of the quarry/mine : ### 3. Date of opening of quarry / mine : ### 4. .Letter No. and Date through which the mining plan was approved : (Specify Authority) ### 5. Name and address of the Lessee/Owner : ### 6. Ownership of the quarry : a. Public sector : b. Joint sector : c. Private sector : (In case of joint sector, specify percentage share of each company) In case the lessee is a Company or a partnership firm or Co-operative indicate name and ### 7. address of the Director-in-Charge and the Registered Office : ### 8. Particulars of Quarry/Mining Lease (ML) (i) Date of execution : (ii) Period : Years From: to: (iii) Area under licence : Hectares ### 9. Location of the lease : (i) Topo Sheet Number : (ii) Cadastral Survey or Khasra Number : (iii) Village : Taluka/Tehsil : District : State : (iv) Post Office : Police Station : (v) Nearst railway station : Distance : (vi) Nearest Rest House/Dak Bungalow : ### 10. Name and address of previous owner, if any, and the date of abandonment : ### 11. Particulars of Agent (a) Name and address : (b) Date of appointment : ### 12. Particulars of Mining Engineer (a) Name and address : (b) Qualifications : (c) Date of appointment : (d) Status of employment : Whole time : Part time : ### 13. Particulars of manager: (a) Name and address : (b) Date of appointment : Place: Signature : Date : Name in full : Designation: Owner / Agent/ Mining Engineer Manager. Form G (See rule 35(2) ) (Notice of Intention of Abandonment/Surrender of Mine/Quarry or part of the Mine/ Quarry) ### 1. (i) Type of the minor mineral worked : (ii) Name of other mineral(s) worked, if any : ### 2. Name of the mine quarry : ### 3. Name and Address of the Lessee/Owner: ### 4. Particulars of Mining/ Quarry Lease(OML) : (i) Date of execution : (ii) Period: Years From: to: (iii) Area under lease................................Hectares ### 5. Location of Quarry/Mine : (i) Topo Sheet number : (ii) Cadastral Survey or Khasra Number : (iii) Village: Taluka/Tehsil: District: State (iv) Post Office: Police Station: (v) Nearest railway station: (vi) Nearest Rest House/Dak Bungalow : ### 6. Name and address of Agent : ### 7. Particulars of Mining Engineer : (a) Name and Address : (b) Qualifications : ### 8. Date by which mining operations are to be abandoned or mine to be surrendered: ### 9. Reasons for abandonment/surrender Exhaustion of minor mineral: Lack of Demand: Uneconomic operations: Non availability of labour: Land slide: Flooding of quarry: Other calamity (specify) : Other reasons (specify): (Please tick whichever is applicable) ### 10. If the abandonment is due to natural calamities or order/directions issued by any statutory authority/tribunal/Court for abandoning mining operations the date of such abandonment. ### 11. Reserve of the minerals in the area. (a) Proved : (b) Probable : (c) Possible : ### 12. Total production of the mineral since first opening of quarry/mine: ### 13. Number of workers employed in the Quarry : Male : Female : Company Labour (Direct) : Contract Labour : Place : Date : Signature : Name in full : Designation : Owner/Agent/Mining Engineer/Manager Note 1. - In cases where part of the lease area is proposed to be abandoned/ surrendered, information relating only to such part shall be given in columns 11, 12 and 13. ### 2. Please enclose plans/sections of the lease areas on a scale not less than1:1000 ( 1 centimetre = 10 meter) indicating accurately the work done in the quarry up to the time of submission of this notice including measures envisaged for protection of abandonment/surrendered quarry and approaches there to and the environment. Form-H (See Rule 36) (Notice of Temporary Discontinuance of Quarry /Mine ) Mine Quarry Code------------- ### 1. (i) Type of the minor mineral worked : (ii) Name of the other mineral(s) worked, if any : ### 2. Name of the mine/ quarry : ### 3. Name and Address of the lessee/Owner : ### 4. Particulars of quarry mine Lease : (i) Date of execution : (ii) Period years from: to: (iii) Area under lease................ Hectares ### 5. Location of Quarry Mine : (i) Topo Sheet Number : (ii) Cadastral Survey or Khasra Number : (iii) Village Taluka/Tahsil : District: State : (iv) Post Office : Police Station : (v) Nearest Railway station : Distance : (vi) Nearest Rest House Dak Bungalow : ### 6. Name and Address of Agent : ### 7. Name and Address of the Mining Engineer : ### 8. Reasons for discontinuance : Lack of demand : Non availability of Labour : Rains : Transport bottleneck : Strike : Lock out : Operation becoming uneconomic : Other reasons (specify) : (Please tick whichever is applicable) ### 9. Date of discontinuance of mining operation : ### 10. Probable date of reopening : Place : Date : Signature : Name in full : Designation: Owner/Agent/Mining Engineer/Manager Form I [See Rule 37] (Notice of Intimation of Reopening of Quarry / Mine) Mine Quarry Code................... ### 1. (i) Type of the minor mineral worked : (ii) Name of other mineral(s) worked, if any : ### 2. Name of the quarry/ mine: ### 3. Name and address of the Lessee/Owner: ### 4. Particulars of Quarry/Mining Lease(QML) : (i) Date of execution: (ii) Period: years from: to: (iii) Area under lease..........................Hectares ### 5. Location of Quarry/Mine (i) Topo Sheet Number : (ii) Cadastral Survey or Khasra Number : (iii) Village: Taluka/Tehsil: District: State: (iv) Post Office: Police Station: (v) Nearest railway station: Distance: (vi) Nearest Rest House/Dak Bungalow: ### 6. Name and Address of Agent: ### 7. Name and Address of the Mining Engineer: ### 8. Date on which the quarry/mine was (a) Abandoned: (b) Discontinued: ### 9. Date of reopening: Place: Date: Signature: Name in full: Designation: Owner/Agent/Mining Engineer/Manager Form J [See rule 39] Register of Application for Quarry Lease ### 1. Serial No :- ### 2. Date of Application :- ### 3. Date on which application was received by the receiving officer. ### 4. Name of the applicant with full address :- (Local as well as permanent address along with Phone, Fax and email address) ### 5. Date of completion of the application :- ### 6. Details of the area applied for :- Village Taluka District Khasara No. / Survey No / Gat No. Area (In hectares) (Working circle to be stated in respect of forest lands) ### 7. Application fee paid, Rs. .............. vide treasury Challan No ............ dated ................. ### 8. Date on which application is sent for enquiry / site inspection :- ### 9. Officer / official to whom the enquiry / site inspection is marked.:- ### 10. Date on which he enquiry report/ site inspection report is received :- ### 11. Final disposal of the application together with number and date of the order :- ### 12. Remarks : (To state whether granted / refused, if granted , details of area granted) Signature of the Competent Officer. Form K (See rule 41) Register of Quarry Leases Granted . ### 1. Serial No.:- ### 2. Name of the lessee.:- ### 3. Residence with complete address of lessee:- (Permanent and Local address along with PH, Fax Nos. & email address.) ### 4. No. and date of grant of lease:- ### 5. Date of execution of quarrying lease:- ### 6. Details of the area granted under lease:- (1) Village (2)Taluka (3) District Khasara No. / Survey No./ Gat No./ Area ( in hectares ) ### 7. Minor Mineral or minerals for which lease has been granted:- ### 8. Minor Mineral or minerals added to the quarry lease with No. and date of grant:- ### 9. Details of security Deposit:- ### 10. Period for which lease is granted: (i) Total years :................ (ii) Date : From ............ to ............. ### 11. Rate of (1) Dead rent and (2) Royalty:- ### 12. Period for which leases is renewed: (i) Total years :................ (ii) Date : From ............ to ............. ### 13. Date of commencement of quarrying operation:- ### 14. Amount of surface rent fixed and date of fixation:- ### 15. Number and date of assignment of transfer of the lease, if any, and the name of assignee/ transferee:- ### 16. Date of expiry of lease surrendered or cancelled:- ### 17. Date from which area is available for re grant:- ### 18. Refund of security deposit ( No. and date with signature of lessee:- ### 19. Remark:- Signature of Competent Officer. From-L [See rule 46(iv) ] Quarterly returns for payment of royalty for the quarter ending 30th June/30th September/31st December/31st March 20..... (To be submitted by 1st of August/1st of November/1st of February/1st May of every year) (1) Name and address of the lessee. :- (2) Location of the mine. (a) Village/Forest WC :- (b) P.C. No./ F.C. No. :- (c) Area under lease in hectares :- (d) Tehsil/ District :- (3) Name of Minerals. :- (4) Date of grant of lease. :- (5) Date of execution of the lease and period of the lease :-. (6) Balance at the beginning of the year Cu. Meters. M. Tones. (7) Production during the year Cu. Meters M. Tones. (8) Total (of col. 6 and 7) Cu. Meters M. Tones. (9) Total cost of production during the year:- (10) Total sale during the year. Cu. Meters M. Tones. (11) Total cost of sold material Rs. :- (12) Balance at the close of the year. :- (13) Rate of royalty. :- (14) Total grass royalty due on the material sold during the year. (a) Previous balance due as on 31-12-19---- Rs. ---------- (b) Amount to be paid Rs. ----------- (c) Amount paid Rs ---------- Ch. No. ---------- Date -------- (d) Balance due ---------------- (15) Dead rent paid Rs. ---------------- vide Challan No. ----------- Date -------- (16) Particulars where working is done or progress :- (17) Maximum depth of the mine :- (18) Average labour employed during the year:- Signature of lessee/ Agent Form M [See rule 46(xv) and 66(15)] Monthly Return of Total Quantity of Material Raised For the Month of ------------------ [To be submitted by 10th of every month to (i) Directorate of Geology and Mining, Maharashtra State, Nagpur and (ii) Competent Officer] Name and Address of the lessee:- Location of Mine:- (a) Village / F.W.C. (b) P.C. No. Felling Serial No :- (c) Tehsil.......................................District....................................... (d) Area under lease (e) Name of Mineral (f) Date of execution and period of the lessee | | | | | | | --- | --- | --- | --- | --- | | Balance of the Remark End of last month | Production during the month | Total | Sale during the Month | Balance at the end of the Month | | (Brass/MT) | (Brass/MT) | (Brass/MT) | (Brass/MT) | (Brass/MT) | (1) Average daily no. of labours employed:- (i) in Mine (ii) at crusher site / Kiln:- (2) Average labour employed during the month:- (3) No of working days in the month:- (4) Last rent / Royalty paid during the month (a) Rent paid Rs................................ for the period.................Ch No..................Date...................... (b) Royalty.........................Rs......................for the period...............Ch.No..................Date................... Signature of Lessee / Agent From-N [See rule 46(xv) ] Annual return of total quantity of material raised in preceding year and its value for the year- To be submitted by 15th January every year to the (i) Director of Geology and Mining, Maharashtra State, Nagpur and (ii) Collector----------------- (1) Name and address of the lessee :- (2) Location of the mine. (a) Village/Forest WC :- (b) P.C. No./ F.C. No. :- (c) Area under lease in hectares :- (d) Tehsil/ District :- (3) Name of Minerals. :- (4) Date of grant of lease :- (5) Date of execution of the lease and period of the lease:- (6) Balance at the beginning of the year Cu. Meters. M. Tones. (7) Production during the year Cu. Meters M. Tones. (8) Total (of col. 6 and 7) Cu. Meters M. Tones. (9) Total cost of production during the year :- (10) Total sale during the year. Cu. Meters M. Tones. (11) Total cost of sold material Rs :- (12) Balance at the close of the year:- (13) Rate of royalty :- (14) Total grass royalty due on the material sold during the year :- (a) Previous balance due as on 31-12-20---- Rs. ---------- (b) Amount to be paid Rs. ----------- (c) Amount paid Rs ---------- Ch. No. ---------- Date -------- (d) Balance due ---------------- (15) Dead rent paid Rs. ---------------- vide Challan No. ----------- Date -------- (16) Particulars where working is done or progress :- (17) Maximum depth of the mine :- (18) Average labour employed during the year:- Signature of lessee/ Agent. From - O [See rule 46 (xxvi) and 66(14)] Transit Pass | | | | | --- | --- | --- | | Serial No.:- | | Date:- | | Name of lessee or Licensee / permit | : | | | Holder/Auction.........purchaser and address. | | | | Location of lease/ Depot. - Village/ Town | : | | | Period of lease or license/Permit | : | | | Name of Granting Authority and order No. | : | | | Truck/ vehicle ..............No. | : | | | Name or person to whom material is sold | : | | | Time of dispatch from lease/ Depot. | : | | | Name of Driver | : | | | Kind of Mineral dispatched | : | | | Quantity of mineral dispatched | : | | | Signature of receiver/ Driver | : | | Seal. Signature of lessee/licensee/ Authorized Agent. Received -------------------------- (Place) on --------------------------------(Date) Initial of receiving officer. (Name) (Designation) Form - P [See rule 61(1) ] Application For Quarry Permit. Affix here Court - Fee Stamp of Rs. 20 Dated day of 20----- To, The Competent Officer (Designation) At:- (Place) Sir, (1) I / We request that a quarry lease under 'the Maharashtra Minor Minerals Extraction (Development and Regulation) Rules, 2013 may be granted to me/us. (2) A sum of Rs. /- (Rupees ), being the fee in respect of this application has been deposited vide Treasury ................. Challan Number ........... dated................. (3) (i) Name of the applicant with Complete address :- (Local as well as permanent addresses are to be stated) With details like PH/ Fax Nos. and email address (ii) Status of the applicant: - a private individual / (A true attested copy of document to be enclosed) private company/ public company/ firm or association. (iii) In case applicant is,- (a) An individual, his nationality:- (b) A private company, the nationality of all members of the company along with place of registration, registration number and date:- (c) A public company, the nationality of the Directors, the percentage of share capital held by Indian nationals along with place of incorporation:- (d) Firm or association, the nationality of all the partners of the firms or members of the association:- (iv) Profession or nature of business of the applicant:- (v) Minor mineral or minerals which the applicant intends to mine:- (vi) Purposes for which extracted minor minerals are to be used:- (to specify the 'end-use' of the mineral also) (vii) Details of the area in respect of which quarrying lease is granted :- (a) Area ( In Hectares):- Survey/Khasra/Gat Numbers:- Village (with p.c. number) :- District :- (b) A map, in duplicate, giving the description of the applied area, (or a plan) showing as accurately as possible, the situation, boundaries and area of the land in respect of which quarrying lease is required (adjoining survey numbers on the periphery of applied area must also be shown) (viii) Quantity (brass/ tones) for which permit is required:- (ix) Details of consent letters from concerned land owners:- (A list of all concerned land owner to be given and against each, Receipt or non receipt of consent letter is to be specified) (x) Certified true copies of relevant extract of record of rights pertaining to applied area:- (xi) Any other particulars which the applicant wishes to furnish:- I we do hereby declare that, the particular furnished above are correct and that I/ We, am/ are ready to furnish any other details as may be assessed on the quantity of minerals is proposed to be quarried. I/We also agree to pay in advance any surface rent or ceases and any other mineral dues that may be demanded of me/us. Place:- Date:- Yours faithfully (Signature of the applicant) Note. - If the applicant is signed by an authorized agent of the applicant, a certified true copy of the power 'power of attorney' should be attached to this application. Form -Q [See rule 63(1) ] Receipt of Acknowledgement For Application of Quarry Permits (1) Serial No :- (2) Date for Application :- (3) Date on which application was received by the receiving officer :- (4) Name of the applicant with full address :- (Local as well as permanent address to be stated ) (5) Date of completion of the application :- (6) Details of the area applied for :- Village Tehsil District Khasara No./ Survery No./ Gat No./ Area ( in hectares ) (working circle to be stated in respect of forest lands) (7) Application fee paid, Rs......... vide Treasury Challan No............ Dated.............. (8) Date on which application is sent for enquiry/ site inspection :- (9) Officer/ Official to whom the enquiry/ site inspections is marked:- (10) Date o which the enquiry report/site inspections report:- (11) Final disposal of the application together with number and date of the order :- (12) Remarks :- (To state whether granted/ refused, If granted, details of area granted.) Signature of the Competent Officer. Form-R [See rule 63(1) ] Register of Application for Quarrying Permit. | | | --- | | Date of Application :- | | Date of which application was received by the receiving officer :- | | Name of the applicant with full address (Local As well as Permanent):- | | Date of completion of the application :- | | Details of the area applied for :- | | Survey no | Village | Tehsil | District | | .................................................................................................................................................................................... | | Application fee paid :- | | (i) Rs. | (ii) Try. Challan No | (iii) Dated | | | Grant Order No / Date :- | | | | | Remarks:- | | | | | (i) Granted / Refused | | (ii) If granted details of area :- | Form-S [See rule 71 (2) (a)] Application for Grant or Renewal of Dealer's License To, The Competent Officer, Sir, I/We requested that a dealer's License to stock and sell minor minerals under the Maharashtra Minor Mineral Extraction(Development and Regulation) Rules, 2013 be granted/renewed tome/us. The fee of Rs. 250/- payable for the grant/renewal of dealer's license has been paid and Treasury Challan Receipt. No........... dated ............. Is enclosed in original. The required particulars are given below:- ### 1. Name of applicant with complete address, PH, Fax Nos. and email address : ### 2. Is the applicant a private individual/private /public/company/firm or Association? ### 3. In case application is, (a) an individuals , his nationality : (b) a private company the nationality of all members of the company along with place of registration : (c) A public company, the nationality of Directors, the percentage of share capital held by Indian Nationals along with place of incorporation. (d) A firm or association, the nationality of all partners of the firm or members of association. ### 4. Name of Minor Minerals (s) to be sold :- ### 5. Quantity to be stocked during the year:- (Mineral wise) ### 6. Details of the location of the Depot :- (Address, Sy. No. etc. of the area in which ### 7. The depot is situated are to be furnished along (With a location map.) ### 8. Particulars of the previous dealer's license ### 9. If applying for renewal I/We do hereby declare that particulars furnished above are correct and am/are ready to furnish other details including security deposit etc. as may be required by you. Place : Date : Yours faithfully, Name and Designation of the applicant. From-T [See rule 71(3) (1)] Grant or Renewal of Dealer License [A Dealer's License to seal stock and exhibit for sale of minor mineral under the Maharashtra Minor Mineral Extraction (Development and Regulation) Rules, 2013 ] ------------------------------------------------------- is hereby licensed to sell stock and exhibit for sale under mentioned minor mineral(s) ### 1. Name of minor mineral (s) :- ### 2. Quantity allowed to be stocked during the year :- (Mineral-wise) ### 3. Location of the office and depot. :- \* This license will be in force for the financial year 20....... To. 20........ \* The license already granted and which expired in 31st March 20....... Is renewed up to 31st March 20..... Conditions of The Licence ### 1. This license shall be displayed in a prominent place in a part of the premises open to the public. ### 2. The dealer shall comply with the provision of the Mines and Minerals Concession Rules, 41987 and all order issued by the competent Officer in this regard. ### 3. The dealer shall afford all facilities for seeking his accounts and verifying the stock of minor mineral(s) and shall furnish fully and correctly any information in his possession as may be required by the competent Officer or any person authorized by the competent Officer in that behalf. ### 4. The dealer shall display in a prominent palace in a part of the premise the price list of minor mineral(s) offered for sale by him. Dated this ................................................. Day of ....................................... 20 .......... Seal of the competent Officer Signature of the competent Officer. From-U (See rule 74) Maintenance of records of production and sale for inspection Name of Dealer : License No. : Name of the minor minerals : | | | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | --- | --- | | Date | Cash Memorandum | Particulars showing the name of minor Minerals(s) name and Source of purchase To whom sold. | Minor Purchased Tones. Kg. | Minerals Sold Tones Kg | Rate | Voucher No. | Purchase (price paid) | Sale (Price realized) | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | | | | | | | | | | | Form-V Stack Register to be maintained by a dealer Name of dealer : License No : Name of Minor Mineral: | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | | Date | Opening Balance | Purchase | Total | Sale | Balance Stock | Initials of the Dealer | | (1) | (2) | (3) | (4) | (5) | (6) | (7) | | | | | | | | | Form-W [See rule 75] Statement of accounts to be furnished by dealer Name of Dealer :- License No :- Name of Minor Mineral: - for the Month of:- | | | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | --- | --- | | Opening Balance | Quantity Purchased | From whom Purchased | price Paid | Quantity sold | to Whom sold | Price realized | Balance | Remark | | 1. | 2. | 3. | 4. | 5. | 6. | 7. | 8. | 9. | | | | | | | | | | | .................................................................................................................................................................. .................................................................................................................................................................. Place:- Date:- Signature of the Dealer. Form-X [See rule 78] Transit Pass for Transporting of Minor Mineral Transit Pass Book No .................................... Transit Pass/S. No. ...................................................... ### 1. Name and address of the consignor (holder of ML/Mineral Dealers license) ### 2. Name and address of Consignor : ### 3. Name of Mineral : ### 4. Quantity (Weight/Volume) : ### 5. Approximate value of mineral being carried : ### 6. Date and Time of Dispatch : ### 7. (i) Mode of Transport : (ii) Carrier Registration No. : ### 8. Name and Address of Vehicle Driver : Signature With date (a) Consignor Signature With date (b) driver Signature and Designation of checking authority Signature and seal of Issuing Authority Note. - (1) No over writing should be done (2) The original copy and the book has to be returned to the concerned authority after the book is exhausted (3) The vehicle driver shall carry two copies of the transit pass during transit. Form-Y (See rule 82) (Form of Appeal) (To be submitted in Duplicate) To: The Collector / Commissioner (1) Name and Address of individual / Firm of Company applying:- (2) Profession of individual / Firm of company:- (3) Fee and date of the order of the competent authority against which the appeal is filed. (Copy enclosed):- (4) Mineral or Minerals for which the appeal is filed:- (5) Details of the area in respect of which the appeal:- | | | | | | | | --- | --- | --- | --- | --- | --- | | District | Taluka | Village | Kh. No. | Area In Hect. | Total area claimed | | | | | | | | (6) Details of application fee with challan:- (7) Date of communication of the order passed by the competent officer:- (8) Grounds for Appeal:- Yours faithfully, Signature and Designation of the applicant.

65ba2c03ab84c7eca86eac53

acts

State of Maharashtra - Act ---------------------------- Maharashtra Legislative Council (Chairman And Deputy Chairman) and Maharashtra Legislative Assembly (Speaker and Deputy Speaker) Salaries and Allowances Act, 1956 -------------------------------------------------------------------------------------------------------------------------------------------------------------------- MAHARASHTRA India Maharashtra Legislative Council (Chairman And Deputy Chairman) and Maharashtra Legislative Assembly (Speaker and Deputy Speaker) Salaries and Allowances Act, 1956 ==================================================================================================================================================================== Act 47 of 1956 ---------------- * Published on 30 November 1956 * Commenced on 30 November 1956 Maharashtra Legislative Council (Chairman And Deputy Chairman) and Maharashtra Legislative Assembly (Speaker and Deputy Speaker) Salaries and Allowances Act, 1956 Bombay Act No. 47 of 1956 For Statement of Objects and Reasons see Bombay Government Gazette, 1956 Part 5, p. 338. [This Act received the assent of the Governor on the 30th November 1956; assent first published in the Bombay Government Gazette, Part IV, on the 30th November 1956.] An Act to provide for the salaries and allowances of the Chairman and the Deputy Chairman of [the Maharashtra Legislative Council] [These words were substituted respectively for the words, 'the Bombay Legislative Council' and 'the Bombay Legislative Assembly' by Maharashtra 15 of 1980, Schedule.] and the Speaker and the Deputy Speaker of [the Maharashtra Legislative Assembly] [These words were substituted respectively for the words, 'the Bombay Legislative Council' and 'the Bombay Legislative Assembly' by Maharashtra 15 of 1980, Schedule.] and certain other matters. Whereas it is expedient to provide for the determination of the salaries and allowances of the Chairman and the Deputy Chairman of [the Maharashtra Legislative Council] [These words were substituted respectively for the words 'the Bombay Legislative Council' and 'the Bombay Legislative Assembly' by Maharashtra 15 of 1980, Schedule.] and the Speaker and the Deputy Speaker of [the Maharashtra Legislative Assembly] [These words were substituted respectively for the words 'the Bombay Legislative Council' and 'the Bombay Legislative Assembly' by Maharashtra 15 of 1980, Schedule.] and certain other matters as hereinafter appearing; It is hereby enacted in the Seventh Year of the Republic of India as follows :- ### 1. Short title and commencement. - [(1) This Act may be called the Maharashtra Legislative Council (Chairman and Deputy Chairman) and Maharashtra Legislative Assembly (Speaker and Deputy Speaker) Salaries and Allowances Act.] [Sub-section (1) was substituted by Maharashtra 15 of 1980, Schedule.] (2) It shall be deemed to have come into force on the 1st November 1956. ### 2. Definitions. - In this Act unless there is anything repugnant in the subject or context,- (a) "Assembly" means the [Maharashtra Legislative Assembly] [These words were substituted for the words 'Bombay Legislative Assembly' by the Maharashtra Adaptation of Laws (State and concurrent Subjects) Order, 1960.] ; (b) "Chairman" and "Deputy Chairman" means respectively the Chairman and Deputy Chairman of the Council; (c) "Council" means the [Maharashtra Legislative Council] [These words were substituted for words 'Bombay Legislative Council' by Maharashtra adaptation of Laws (State and Concurrent Subjects) Order, 1960.] ; (d) "maintenance" in relation to a residence includes the payment of rates and taxes to Government or any local authority and the provision of electricity, gas and water; (e) "residence" includes the staff quarters and buildings appurtenant thereto and the garden thereof; (f) "rules or orders" means the rules or order respectively made under this Act; (g) "Speaker" and "Deputy Speaker" means respectively the Speaker and Deputy Speaker of the Assembly. ### 3. Salaries of Chairman and Speaker. - There shall be paid to the Chairman and the Speaker each [ a salary of [Rs, 10,000] [These words letters and figures were substituted for the words, letters and figures 'a salary of Rs. 1,100 per month, by Maharashtra 51 of 1969, section 2.] per month.] ### 4. Residence of Chairman and Speaker. (1) The Chairman and the Speaker each shall be entitled, without payment of rent, to the use of a furnished residence in Bombay throughout his term of office and for a period of fifteen days immediately thereafter, or in lieu of such residence, a house allowance at the rate of [Rs. 10,000 per month and in addition a sum equal to the electricity charges and water charges, if any, paid by him for his place of residence in Bombay (being a place other than the place of residence provided under this Act, by the State Government)] [These words and figures were substituted for the words and figures 'Rs. 2,500' by Maharashtra 32 of 2010, section 3, (w.e.f. 1.4.2010).] . (2) No charge shall fall on the Chairman or the Speaker personally in respect of the maintenance of any residence provided under this section. (3) The expenditure on furnishing residence provided under this section shall be on such scale as the State Government may by rules or orders determine. (4) [ Where a house allowance and other sum are payable under sub-section (1) to the Chairman or the Speaker, then, save as otherwise provided by or under this Act, the State Government shall not incur any expenditure, or the Chairman or the Speaker shall not be entitled to any payment, or additions, alterations, maintenance repairs or for doing anything whatsoever in respect of his place of residence.] [Sub-section (4) was added by Maharashtra 4 of 1989, section 2(b).] ### 4A. [Sumptuary allowance to Chairman and Speaker.] [Section 4A was inserted by Maharashtra 8 of 1960, section 2.] - [There shall be placed at the disposal of the Chairman] [These words were substituted for the words 'There shall be paid to the Chairman' by Maharashtra 51 of 1969, section 3(a) .] and the Speaker each a sumptuary allowance of [six lakh rupees] [These words were substituted for the words 'four lakh rupees' by Maharashtra 18 of 2009, section 2, (w.e.f. 1-7-2009).] per annum. ### 5. Conveyances for Chairman and Speaker. (1) The State Government may, from time to time, for the use of the Chairman and the Speaker purchase and provide motor cars and other suitable conveyances, upon such conditions as regard their maintenance and repairs as may be determined by rules or orders made in this behalf. [The State Government may also provide free of charge the services of a chauffeur for each motor car on conveyance so provided.] [These words were added by Maharashtra 51 of 1969, section 4.] (2) There shall also be paid to the Chairman and the Speaker each a conveyance allowance at [such rate per month as may be prescribed by rules made in that behalf.] [These words were substituted for the words, letters and figures 'the rate of Rs. 1,000 per month' by Maharashtra 2 of 1986, section 2.] ### 6. Travelling and daily allowances. - Subject to any rules made in this behalf by the State Government, the Chairman or the Speaker shall be entitled to- [(a) travelling allowance for himself and the members of his family and for the transport of his and his family's effects (i) in respect of the journey to Bombay from his usual place of residence outside Bombay for assuming office, and (ii) in respect of the journey from Bombay to his usual place of residence outside Bombay, on relinquishing office, and (b) travelling and daily allowances in respect of tours on public business undertaken by him. Explanation.- The expression "Bombay" includes any other place appointed by the State Government for the purpose of this section.] [Section 6 was substituted for the original by Maharashtra 2 of 1961, section 2.] ### 7. Medical attendance. - Subject to rules or order made by the State Government, the Chairman and the Speaker and the members of the family of the Chairman or the Speaker, as the case may be, who are residing with and dependent on him, shall be entitled, free of charge, to accommodation in hospitals maintained by the State Government and to medical attendance and treatment. Explanation.- For the purpose of this section, the expression "a member of the family" means the husband, wife, son, daughter; father, mother, brother or sister. ### 7A. Telephone facilities to Officers of State Legislature. - (1) Every officer of State Legislature shall during the term of his office be entitled also to have a telephone installed at Government cost at the place of residence or at any place in his constituency selected by him (being a place other than the place of residence provided under this Act by the State Government). [(2) No charge shall fall on the office of the State Legislature personally in respect of installation of, initial deposit for, rental charges for maintenance of and official call made from, the telephone installed under sub-section (1). (3) There shall also be paid to every officer of the State Legislature a sum of, [Rs. 12,000] [Section 7A was inserted by Maharashtra 41 of 1975, section 2.] per month from the month in which telephone facility has been provided under this section. (4) Where an officer of the State Legislature has a telephone installed at any place referred to in sub-section (1) at his own cost, then- [(a) the rental charges in respect of such telephone shall be borne by the State Government; and there shall be paid to such officer a sum of [Rs. 12,000] per month in respect of such telephone; and (b) the charges in respect of official calls made from such telephone shall also be borne by the State Government if such Officer resides at such place as a residence and a separate telephone is not provided to him by or under the provisions of this Act by the State Government. Explanation. - In this section [and in section 8] [These words were inserted by Maharashtra 52 of 1976, section 2.] officer of the State Legislature means the Chairman and Deputy Chairman and the Speaker and the Deputy Speaker.] [Sub-section (4) was substituted for the original by Maharashtra 4 of 1989, section 4.] ### 8. [ Free transit by railway and steamer.] [Section 8 was substituted by Maharashtra 72 of 1981, Section 4.] - (1) Every officer of the State Legislature shall [\* \* \*] [The words figures and letters 'with except from the 1st day of April 1991' were deleted by Maharashtra 2 of 1991, section 3(a) (i).] be provided with facilities which shall entitle him at any time to travel singly by [first class or as the case may be by air-conditioned two-tier] [These words were substituted for the words 'first class' by Maharashtra 2 of 1991, section 3(a) (ii).] by any railway in any part of India or by steamer in any part of the State of Maharashtra, in such manner and subject to such conditions, as may by rules or orders be prescribed in that behalf: Provided that such travel by railway in any part of India, whether within the State or outside the State, may be availed of by the officer, either singly or jointly with his spouse or with his minor children or jointly with his spouse and minor children [or companion] [These words were inserted by Maharashtra 8 of 2001, section 2 (w.e.f. 8.1.2001).] so, however, that the distance so travelled by the officer outside the State and by members of his family [or companion] [These words were inserted by Maharashtra 8 of 2001, section 2 (w.e.f. 8.1.2001).] whether within or outside the State in any financial year does not in the aggregate exceed [fifty thousand kilometres] [These words were substituted for the words 'thirty thousand kilometres' by Maharashtra 32 of 2010, section 5 (w.e.f. 1-4-2010).] . Explanation.- For the purpose of calculating the maximum limit of [fifty thousand kilometres] [These words were substituted for the words 'thirty thousand kilometres' by Maharashtra 32 of 2010, section 5 (w.e.f. 1-4-2010).] for travelling the number of kilometres travelled by the officer outside the State and the number of kilometres travelled by the members of his family [or companion] [These words were inserted by Maharashtra 8 of 2001, section 2 (w.e.f. 8.1.2001).] from the place their residence, whether within or outside the State, shall be counted separately. (2) (a) Notwithstanding anything contained in this Act, where an officer, either singly or jointly with his spouse or with his minor children, [or companion] [These words were inserted by Maharashtra 8 of 2001, section 2 (w.e.f. 8.1.2001).] or jointly, with his spouse and minor children [or companion] [These words were inserted by Maharashtra 8 of 2001, section 2 (w.e.f. 8.1.2001).] undertakes a journey by air, in any part of India, whether within or outside the State, instead of by railway as provided in this section, he shall be entitled, subject to the maximum limit of [fifty thousand kilometres] [These words were substituted for the words 'thirty thousand kilometres' by Maharashtra 32 of 2010, section 5 (w.e.f. 1-4-2010).] for travelling, to claim travelling allowance, as if he or both or all of them as the case may be, had undertaken the [journey by air-conditioned two-tier by railway] [These words were substituted for the words 'journey by first class by, railway' by Maharashtra 11 of 2013, Section 4(1) (11) (w.e.f, 1.4.2013).] . In such cases the difference between the fare for journey by air and the fare for [journey by air-conditioned two-tier by railway] [These words were substituted for the words 'journey by first class by, railway' by Maharashtra 11 of 2013, Section 4(1) (11) (w.e.f, 1.4.2013).] will have to be borne by the Officer. (b) Where an officer, either singly or jointly with the members of his family [or companion] [These words were inserted by Maharashtra 8 of 2001, section 2 (w.e.f. 8.1.2001).] as aforesaid undertakes a journey by steamer or road transport, in any part of India outside the State, he shall be entitled, subject to the maximum limit of [fifty thousand kilometres] [These words were substituted for the words 'thirty thousand kilometres' by Maharashtra 32 of 2010, section 5 (w.e.f. 1-4-2010).] for travelling to claim the fare journey by steamer or road transport if it is less than the fare for [journey by air-conditioned two-tier by railway] [These words were substituted for the words 'journey by first class by, railway' by Maharashtra 11 of 2013, Section 4(1) (11) (w.e.f, 1.4.2013).] for the same distance or, if the fare for journey by steamer or road transport is more than the fare for the same distance, to claim the fare for [journey by air-conditioned two-tier by railway] [These words were substituted for the words 'journey by first class by, railway' by Maharashtra 11 of 2013, Section 4(1) (11) (w.e.f, 1.4.2013).] , for the same distance, and he shall have to bear the difference between the two fares. (3) In this section, where facilities are given to an officer of the State Legislature to travel jointly with the spouse (with or without minor children, [or companion] [These words were inserted by Maharashtra 8 of 2001, section 2 (w.e.f. 8.1.2001).] ) then in case of a lady officer, she shall be entitled to have these facilities to travel from time to time jointly with her spouse or, instead, with any other member of the family as defined in the Explanation to section 12A]. ### 9. [Chairman, Deputy Chairman, Speaker and Deputy Speaker] [These words were substituted for the words 'the Chairman and Speaker' by Maharashtra 2 of 1965, section 4(c) .] not entitled to salaries and allowances as members of State Legislature. - Notwithstanding anything contained in any law for the time being in force determining the salaries and allowances of the members of the State Legislature, [the Chairman, the Deputy Chairman, the Speaker or the Deputy Speaker] [These words were substituted for the words 'the Chairman and the Speaker' by Maharashtra 2 of 1965, section 4(a) .] shall not be entitled to receive any salary or allowances under such law although [he] [This word was substituted for the words 'such Chairman and Speaker' by Maharashtra 2 of 1965, section 4(b) .] is a member of the Council or Assembly. ### 10. Salaries of Deputy Chairman and Deputy Speaker. - There shall be paid to the Deputy Chairman and the Deputy Speaker each [a salary of [Rs. 9200] [These words, letters and figures were substituted for the words and figures 'a salary of Rs. 750 per month' by Maharashtra 51 of 1969, section 5.] per month] [10-1A.Sumptuary allowance to Deputy Chairman and Deputy Speaker. - There shall be placed at the disposal of the Deputy Chairman and the Deputy Speaker each, a sumptuary allowance of three lakh rupees per annum.] [Section 10-1A was inserted by Maharashtra 32 of 2010, section 7, w.e.f. 1.4.2010.] ### 10A. [ Sitting allowance to Chairman, Deputy Chairman, Speaker and Deputy Speaker. - The Chairman, Deputy Chairman, Speaker and Deputy Speaker each shall be entitled to sitting allowance at the rate of [Rs. 500] [Section 10A was inserted by Maharashtra 25 of 1987, section 6.] per day throughout his term of office as such Chairman, Deputy Chairman, Speaker or Deputy Speaker as the case may be.] ### 11. [ Residences of Deputy Chairman and the Deputy Speaker.] [Section 11 and 11A were substituted for the original section 11 by Maharashtra 2 of 1965, section 6.] - (1) The Deputy Chairman and the Deputy Speaker each shall be entitled without payment of rent, to the use of a furnished residence in Bombay throughout his term of office and for a period of fifteen days immediately thereafter, or in lieu of such residence a house allowance at the rate of [Rs. 10,000 per month and in addition a sum equal to the electricity charge and water charges, if any, paid by him for his place of residence in Bombay] [These letters and figures were substituted for the letters and figures 'Rs. 2,500' by Maharashtra 32 of 2010, section 9, (w.e.f. 1.4.2010).] being a place other than place of residence provided under this Act by the State Government. (2) No charge shall fall on the Deputy Chairman or the Deputy Speaker personally in respect of the maintenance of any residence provided under this section. (3) The expenditure on furnishing any residence provided under this section shall be on such scale as the State Government may by rules or orders determine. (4) [ Where a house allowance and other sums are payable under sub-section (1) to the Deputy Chairman or the Deputy Speaker, then, save as otherwise provided by or under this Act, the State Government shall not incur any expenditure, or the Deputy Chairman or the Deputy Speaker shall not be entitled to any payment, for additions, alterations, maintenance, repairs or for doing anything whatsoever in respect of his place of residence.] [Sub-section (4) was added by Maharashtra 4 of 1989, section 5(b).] ### 11A. Conveyance for Deputy Chairman and Deputy Speaker. (1) The State Government may, from time to time for the use of the Deputy Chairman and the Deputy Speaker purchase and provide motor cars and other suitable Conveyance upon such conditions as regards their maintenance and repairs as may be determined by rules or order made in this behalf. The State Government may also provide free of charge the [services of a chauffeur for each motor car or conveyance so provided.] [These words were added by Maharashtra 51 of 1969 section 6.] (2) There shall also be paid to the Deputy Chairman and the Deputy Speaker, each a conveyance allowance at [such rate per month as may be prescribed by rules made in that behalf.] [These words were substituted for the words, letters and figures 'the rate of Rs. 1,000 per month' by Maharashtra 2 of 1986, section 5.] ### 12. [ [Travelling and daily allowance.] [Section 12 was substituted for the original by Maharashtra 2 of 1961, section 3.] - Subject [\* \* \* \*] [The words 'to the provisions of section 1 and' were deleted by Maharashtra 2 of 1965, section 7(a) .] to any rule made in this behalf by the State Government the Deputy Chairman or the Deputy Speaker shall be entitled to- (a) travelling allowance for himself and the members of his family and for the transport of his, and his family's effects- (i) in respect of the journey to Bombay from his usual place of residence outside Bombay, for assuming office, and (ii) in respect of the journey from Bombay to his usual place of residence outside Bombay, on relinquishing office; and (b) travelling and daily allowances in respect of tours on public business undertaken by him. Explanation.- The expression "Bombay" includes any other place appointed by the State Government for the purpose of this section.] ### 12A. [ Medical attendance. - Subject to rules or orders made by the State Government, the Deputy Chairman and the Deputy Speaker and the members of the family of the Deputy Chairman or the Deputy Speaker, as the case may be, who are residing with and dependent on him, shall be entitled free of charge, to accommodation in hospitals maintained by the State Government and to medical attendance and treatment. Explanation.- For the purposes of this section the expression "member of the family" means the husband, wife, son, daughter, father, mother, brother or sister.] [Section 12A was substituted for the original by Maharashtra 2 of 1965, section 8.] ### 12B. [ Facility of a personal assistant. - The Chairman, the Speaker, the Deputy Chairman and the Deputy Speaker shall be entitled free of charge, to the services of a personal assistant. For this purpose, the Chairman, the Deputy Chairman, the Speaker or the Deputy Speaker, as the case may be, may appoint any person, possessing such qualification as may be prescribed by rules or orders made under section 13, as his personal assistant. Subject to such rules or orders as may be made in this behalf, the assistant so appointed shall receive a fixed salary of [Rs. 15000] [Section 12B was inserted by Maharashtra 48 of 1981, section 5 which came into force on 18th September, 1981.] per month from the State Government.] ### 13. Power of State Government to make rules and orders. - (1) The State Government may, in consultation with the Chairman and the Speaker, make rules or orders for carrying out the purposes of this Act. [(1A) All rules or orders made under this Act shall be laid before both Houses of the State Legislature as soon as may be after they are made.] [Sub-section (1) and (1A) were substituted for the original sub-section (1) by Maharashtra 8 of 1960, section 3.] (2) Any rule or order made under this section may be made so as to be retrospective to any date not earlier than the 1st day of November 1956. (3) Rules or orders made under this section shall have effect as if enacted in this Act. ### 14. Repeal. - The Bombay Legislative Council (Chairman and Deputy Chairman) and the Bombay Legislative Assembly, (Speaker and Deputy Speaker) Salaries and Allowances Act, 1952 (in this section referred to as "the said Act") and any law corresponding to the provisions of this Act in force immediately before the 1st day of November 1956 in or in relation to any territories which after that date form part of the new [State of Bombay shall stand repealed] [The words 'State of Bombay' shall stand unmodified [vide the Maharashtra Adaptation of Laws (State Concurrent Subjects) Order, 1960].] : Provided that notwithstanding such repeal any rules or orders made under the said Act shall, so far as they are not inconsistent with the provisions of this Act, continue in force and be deemed to have been made under the provisions of this Act, unless and until they are superseded by any rules or orders made under this Act. Notifications G.N., L. & J. D., No. 129-B-N, dated 1st December, 1969 (M. G., part IV-B, pages 1766) - In exercise of the powers conferred by sub-section (2) of section 1 of the Bombay Legislative Council (Chairman and Deputy Chairman) and the Bombay Legislative Assembly (Speaker and Deputy Speaker) Salaries and Allowances (Amendment) Act, 1969 (Maharashtra LI of 1969), the Government of Maharashtra hereby appoints the 1st day of December 1969 to be the date on which the said Act shall come into force.

65b997e1ab84c7eca86e9694

acts

State of Haryana - Act ------------------------ Haryana Lokayukta Act, 1997 ----------------------------- HARYANA India Haryana Lokayukta Act, 1997 ============================= Act 21 of 1998 ---------------- * Published on 21 April 1998 * Commenced on 21 April 1998 Haryana Lokayukta Act, 1997 Haryana Act No. 21 of 1998 Statement of Objects and Reasons. - The Government have been considering setting up institution of Lokpal in the State to enquire into allegations or grievances made against a public servant including past and present members of Council of Ministers, MLAs, Chairman/Vice-Chairman of Zila Parishad/Panchayat Samiti, Mayor/Senior Deputy Mayor/Deputy Mayor of the Municipal Corporation(s) , President/Vice-President of Municipal Council/Committee, Chairman/Vice-Chairman or a Member/Director of Statutory or Non-Statutory Companies/Corporations/Apex Cooperative Institutions or Boards under the State Government, Vice-Chancellor/Pro-Vice-Chancellor of the Universities. The Lokpal shall be a person who is or has been a Judge of the Supreme Court or a Chief Justice or a Judge of a High Court in India. With a view to ensuring that the Lokpal is able to act independently and discharge his functions without fear or favour the Bill provides that the Lokpal shall not be removed from his office except on the grounds of proved misconduct or incapacity as per the provision of the Judges (Inquiry) Act, 1968 and after an address by the State Vidhan Sabha supported by a majority of the total membership of the House and a majority of not less than two thirds of the members present and voting. Published vide Haryana Government Gazette (Extra.), Page 2430, dated 19.11.1996. Repeal. - This Act has been repealed by the Haryana Act No. 1 of 2003. Received the assent of the President of India on the 21st April, 1998 and was published in the Haryana Gazette, (Extra.), Legislative Supplement, Part I, dated November 9, 1998. An Act to provide for the appointment and functions of a [Lokayukta] [Subtituted for the word 'Lokpal' vide Haryana Act No. 4 of 1999.] for inquiry and investigation into the allegations and grievances against Public servants and for matters connected therewith. Be it enacted by the Legislature of the State of Haryana in the Forty-eighth year of the Republic of India as follows :- ### 1. Short title, extent and commencement. (1) This Act may be called the Haryana [Lokayukta] [Subtituted for the word 'Lokpal' vide Haryana Act No. 4 of 1999.] Act, 1997. (2) It extends to the whole of the State of Haryana. (3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint. ### 2. Definitions. - In this Act, unless the context otherwise requires, - (a) "allegation" in relation to a public servant means any affirmation that such public servant, - (i) has knowingly and intentionally abused his position as such to obtain any undue gain or favour to himself or to any other person or to cause under harm to any other person; (ii) was actuated in the discharge of his functions as such public servant by corrupt motives; or (iii) is guilty of corruption; or (iv) is in possession of pecuniary resources or property disproportionate to his known source of income and such pecuniary resources or property held by the public servant personally or by any other member of his family or by some other person on his behalf. (b) "competent authority" in relation to a complaint against a public servant means the Governor; (c) "complaint" means a complaint wherein act of any allegation or grievance is alleged to have been committed by a public servant; (d) "corruption" includes any act punishable under Chapter IX of the Indian Penal Code, 1860, or the Prevention of Corruption Act, 1988, or under any law for the time being in force for prevention of corruption; (e) "Governor" means the Governor of the State of Haryana; (f) "Grievance" means the claim by a person that a right to which he is entitled to is denied to him or is unreasonably delayed by the act of omission or commission of a public servant; (g) "Lokpal means a person appointed as a Lokpal under Section 3; (h) "Minister" means a member of the Council of Ministers, by whatever name called, for the State of Haryana, that is to say, Chief Minister, Cabinet Minister, Minister of State, Deputy Minister and shall also include the Chief Parliamentary Secretary and Parliamentary Secretary; (i) "Prescribed" means prescribed by rules made under this Act; (j) "Public servant" includes a person defined in Section 21 of the Indian Penal Code, 1860, and also means a person, who is or has been, - (i) a Minister; (ii) a Member of the Legislative Assembly of Haryana, including the Speaker and the Deputy Speaker of Haryana Legislative Assembly; (iii) a Chairman, Vice-Chairman or member of the Board of Directors, by whatever name called, of a Government company within the meaning of section 617 of the Companies Act, 1956, in which not less than fifty one per cent of the paid up share capital is held by the State Government; (iv) a Chairman, Vice-Chairman, or member, by whatever name called, of any statutory or non-statutory body incorporated, registered or constituted by the State Government; (v) a Mayor, Senior Deputy Mayor, Deputy Mayor of a Municipal Corporation constituted or deemed to have been constituted by or under the Haryana Municipal Corporation Act, 1994; (vi) a President, Vice-President of a Municipal Committee or Municipal Council constituted or deemed to have been constituted by or under the Haryana Municipal Act, 1973; (vii) a President, Vice-President of a Zila Parishad and a Chairman, Vice-Chairman of a President Samiti constituted by or under the Haryana Panchayati Raj Act, 1994; (viii) a President or Vice-President of any managing Committee of an apex Society incorporated or registered under the law relating to co-operative societies for the time being in force; (ix) a President, Vice-President, Managing Director of the Board of Directors, of such other Cooperative Societies incorporated or registered by or under law relating to co-operative societies for the time being in force; (x) a Vice-Chancellor or a Pro Vice-Chancellor of a university; (k) "State" means the State of Haryana; (l) "State Government" means the Government of the State of Haryana. ### 3. Appointment of Lokpal. (1) For the purpose of conducting investigations in accordance with the provisions of this Act, the Governor shall, by warrant under his hand and seal, appoint a person to be known as the Lokpal : Provided that the Lokpal shall be appointed on the advice of the Chief Minister who shall consult the Speaker of the Haryana Legislative Assembly, Leader of the Opposition and the Chief Justice of India in case of appointment of a person who is or has been a Judge of the Supreme Court or Chief Justice of the High Court, and Chief Justice of the concerned High Court in case of appointment of a person who is or has been a Judge of a High Court. (2) Every person appointed as the Lokpal shall, before entering upon his office, make and subscribe, before the Governor, or some person appointed in that behalf by him, an oath of affirmation in the form set out for the purpose in the Schedule. ### 4. Qualifications for Lokpal. - A person shall not be qualified for appointment as Lokpal, unless he is or has been a Judge of the Supreme Court or a Chief Justice or a Judge of a High Court in India. ### 5. Lokpal to hold no other office. - The Lokpal shall not be a member of Parliament or member of the Legislature of any State and shall not hold any office of profit or trust or carry on any business or practice any profession or be connected with any political party and accordingly, before he enters upon his office shall, - (a) if he is a member of Parliament or of the Legislature of any State, resign such membership; or (b) if he holds any office of profit or trust, resign from such office; or (c) if he is connected with any political party, sever his connection with it; or (d) if he is carrying on any business, sever his connection (short of divesting himself of ownership) with the conduct and management of such business; or (e) if he is practising any profession, suspend practice of such profession. ### 6. Term of office and other conditions of service of Lokpal. (1) Every person appointed as the Lokpal shall hold office for a term of five years from the date on which he enters upon his office or till the age of seventy years, whichever is earlier. He would be eligible for re-appointment, for another term of five years or less, as the case may be, within the said age limit at the discretion of the State Government : Provided that - (a) the Lokpal may, by writing under his hand addressed to the Governor, resign his office and such resignation shall be effective as soon as it is accepted; and (b) the Lokpal may be removed from the office in the manner specified in Section 7. (2) A vacancy occurring in the office of the Lokpal shall be filled in as soon as possible. (3) On ceasing to hold office, the Lokpal shall be ineligible for further employment in any capacity under the State Government or any local authority, co-operative society, Government company, university, statutory corporation under the administrative control of the State Government. (4) There shall be paid to the Lokpal such salary as may be prescribed. (5) The allowances payable to, and other conditions of service of Lokpal shall be such as may be prescribed : Provided that in prescribing the allowances payable to, and other conditions of service of the Lokpal regard shall be had to the allowances payable to and other conditions of service of a serving Judge of the Supreme Court or the Chief Justice or Judge of a High Court, as the case may be : Provided further that the allowances payable and other conditions of service of the Lokpal shall not be varied to his disadvantage after his appointment. (6) The salaries and allowances payable to, or in respect of, the Lokpal shall be the expenditure charged on the Consolidated Fund of the State. ### 7. Removal of Lokpal. (1) The Lokpal shall not be removed from his office except by an order of the Governor passed after an address by the Haryana Legislative Assembly, supported by a majority of the total membership of the Legislative Assembly and by a majority of not less than two-thirds of the members thereof, present and voting, has been presented to the Governor in the same session for such removal on the ground of proved misconduct or incapacity. (2) The procedure for the presentation of an address and for the investigation and proof of the misconduct or incapacity of the Lokpal under sub-section (1) shall be as provided in the Judges (Inquiry) Act, 1968, in relation to the removal of a Judge and, accordingly, the provisions of that Act shall, subject to necessary modifications, apply in relation to the removal of the Lokpal as they apply in relation to the removal of a Judge. ### 8. Matters which may be inquired into by Lokpal. (1) Subject to the provisions of this Act, the Lokpal may on receipt of a reference from Government or suo motu proceed to inquire into the allegations or the grievances made against a public servant. (2) The Lokpal may inquire into any act or conduct of any person other than a public servant in so far as he considers it necessary so to do for the purpose of his enquiry into any allegation of misconduct against a public servant provided that the Lokpal shall give such a person a reasonable opportunity of being heard and to produce evidence in his defence. ### 9. Matters not subject to inquiry. - The Lokpal shall not inquire into any matter- (a) in respect of which an inquiry has been ordered under the Public Servants (Inquiries) Act, 1850; or (b) which is not connected with the discharge of functions as public servant of the person against whom allegation is made; or (c) relating to an allegation against a public servant, if the complaint is made after expiration of a period of ten years from the date on which the conduct complained against is alleged to have been committed. ### 10. Provisions relating to complaints. (1) Subject to the provisions of this Act, a complaint may be made under this Act to the Lokpal, - (a) in case of grievance by the person aggrieved; (b) in case of allegation by any person : Provided that where the person aggrieved is dead or, is for any reason, unable to act for himself the complaint may be made by any person who in law represents his estate or, as the case may be, by any person permitted to act on his behalf. (2) Every complaint involving an allegation or grievance shall be made in such form, and in such manner and shall be accompanied by such affidavit as may be prescribed. However, the Lokpal may dispense with such affidavit in any appropriate case for reasons to be recorded in writing. (3) Notwithstanding anything contained in this Act or any other law for the time being in force, any letter written to the Lokpal by a person in police custody or in a jail or in any asylum or any other custodial place, shall be forwarded to the Lokpal unopened and without delay by the police officer or the person incharge of such jail, asylum or any other custodial place. If the Lokpal is satisfied, that it is necessary so to do, treat such letter as a complaint made in accordance with the provisions of sub-section (2). (4) Notwithstanding anything contained in this Act, any person who wilfully or maliciously makes any false complaint under this Act, shall, on conviction, be punished with rigorous imprisonment which may extend to ten thousand rupees or with both and the Court may order that out of the amount of fine, such sum, as it may deem fit, be paid by way of compensation to the person against whom such complaint was made : Provided that no Court shall take cognizance of an offence punishable under this Section except on a complaint made by or under the authority of the Lokpal: Provided further that the complaint made by or under the authority of the Lokpal shall be exclusively tried by a Court of Sessions which may take cognizance of the offence in such complaint without the complaint being committed to it, notwithstanding anything contained in the Code of Criminal Procedure, 1973. ### 11. Provision for holding preliminary inquiry. - The Lokpal on receipt of a complaint or in a case initiated on his own motion, may, before proceeding to investigate, such complaint or case, make such preliminary inquiry or direct any other person to make such preliminary inquiry as he deems fit for ascertaining whether there exists reasonable ground for conducting the investigation. If on such preliminary inquiry, he finds that there exists no such ground he shall record a finding to that effect and thereupon the matter shall be closed and the complainant shall be informed accordingly. ### 12. Procedure in respect of inquiry. (1) Subject to the provisions contained in sub-section (2) the Lokpal shall devise his own procedure for conducting inquiry or investigation but in so doing ensure that the principles of natural justice are satisfied. (2) Every inquiry under the Act shall, unless the Lokpal for reasons to be recorded in writing determines otherwise, be conducted in camera. ### 13. Power to summon record. - The Lokpal shall have the power to summon record of the State Government, local authority, corporation, Government company, society, university, any college affiliated to or constituent of a university or form any other person in connection with any inquiry or investigation, against public servant undertaken by him : Provided that the State Government may withhold the production of any record or document on grounds of security or in public interest in accordance with the provisions of the Indian Evidence Act, 1872 or the Indian Official Secrets Act, 1923. ### 14. Evidence. (1) Subject to the provisions of this Section, for the purpose of any inquiry or investigation, the Lokpal or any person authorised by him in this behalf,- (a) may require any public servant or any other person, who, in his opinion, is able to furnish information or produce documents relevant to such inquiry, to furnish any such information or produce any such document; (b) may enter upon any land and survey, demarcate or prepare a map of the same; (c) shall have all the powers of a civil Court while trying a suit under Code of Civil Procedure, 1908, in respect of the following matters, namely :- (i) summoning and enforcing the attendance of any person and examining him on oath; (ii) requiring the discovery and production of any document; (iii) receiving evidence on affidavit; (iv) requisitioning any public record or copy thereof from any Court or office; and (v) issuing commissions for the examination of witnesses or documents : Provided that no person, without the prior permission of the appropriate Government shall be required or authorised by virtue of the provisions contained in this Act to furnish any such information or answer any such question or produce so much of any document as might involve the disclosure of any information or production of any document which is punishable under the provisions of the Official Secrets Act, 1923. (2) Any proceeding before the Lokpal shall be deemed to be a judicial proceeding within the meaning of Section 193 and Section 228 of the Indian Penal Code, 1860. ### 15. Power to punish for contempt. - The Lokpal shall have the power and authority in respect of contempt of itself as the High Court in the matter of summon of record, serving attendance of witnesses and upholding of its dignity and, for this purpose the provisions of Contempt of Courts Act, 1971, shall have effect subject to the modifications that - (a) the reference therein, to a High Court shall be construed as including a reference to the Lokpal; (b) sub-section (1) of Section 18 shall not apply to the Lokpal; and (c) in proviso to sub-section (1) of Section 19 a reference to "Judicial Commissioner in any Union Territory", shall be construed as including a reference to the Lokpal. ### 16. Reports of Lokpal. (1) If, after inquiry in respect of, a complaint, the Lokpal is satisfied, - (a) that no allegation or grievance has been substantiated either wholly or partly, he shall close the case and intimate the competent authority concerned accordingly; (b) that all or any of the allegations or grievances have or has been substantial either wholly or partly, he shall, by report in writing, communicate, his findings, appropriate recommendations and suggestions to the competent authority and intimate the complainant and the public servant concerned about his having made the report. (2) The competent authority shall cause the report to be examined and communicated to the Lokpal within three months of the date of receipt of the report, the action taken thereon. (3) The Lokpal shall present to the Governor a consolidated annual report on the administration of this Act. (4) The Governor shall cause to be laid on the table of the State Legislature a copy of the annual report referred to in sub-section (3) above within six months of its receipt alongwith an explanatory memorandum indicating the action taken thereon. ### 17. Staff of Lokpal. (1) The Lokpal may appoint in consultation with the State Government, such officers and staff as he may consider appropriate for the discharge of functions under this Act. (2) The categories of officers and staff who may be appointed under sub- section (1) above and their conditions of service shall be such as may be prescribed in consultation with the Lokpal. ### 18. Utilisation of services of other persons. (1) Without prejudice to the provisions of sub-section (1) of section 17, the Lokpal may, in consultation with the State Government, for the purpose of conducting any inquiry or investigation under this Act, utilise the services of any officer or investigating agency of the State Government or for reasons to be recorded in writing, of any other person or agency. (2) Any officer, agency or persons whose services have been sought under sub-section (1) may - (a) summon and enforce the attendance of any person and examine him; (b) require the production of any document; and (c) requisition any public record or copy thereof from any office. (3) The officer, agency or person whose services have been sought under sub- section (1) shall enquire into the matter and submit a report to the Lokpal within such period as may be specified by him in this behalf. ### 19. Secrecy information. (1) Any information, obtained by the Lokpal or members of his staff in the course of, or for the purpose of, any inquiry or investigation under this Act and any evidence recorded or collected in connection with such information, shall be treated as confidential and, notwithstanding anything contained in the Evidence Act, 1872, no Court shall be entitled to compel the Lokpal or any public servant to give evidence relating to such information or produce the evidence so recorded or collected. (2) Nothing in sub-section (1) shall apply to the disclosure of any information or particulars, - (a) for purposes of the inquiry or any report to be made thereon or for any action or proceedings to be taken on such report; or (b) for purposes of any proceedings for an offence under the Official Secrets Act, 1923, or an offence of giving or fabricating false evidence under the Indian Penal Code, 1860, or under sub-sections (1) and (2) of Section 12 of this Act; or (c) for such other purposes as may be prescribed. ### 20. Protection of action taken in good faith. - No suit, prosecution or other legal proceedings shall lie against the Lokpal or against any officer or employee, agency or person acting on his behalf in respect of anything which is in good faith done or intended to be done under this Act. ### 21. Power to call for matters pending before State Government. (1) Where the Lokpal decides to inquire into a complaint against a public servant, he may ascertain from the State Government whether any complaint containing substantially similar allegations against the said public servant is under investigation, he may call for the record thereof. (2) If the Lokpal on examination of the record referred to in sub-section (1), decides to inquire into the matter himself, he shall inform the State Government accordingly and the complaint, wholly or partly, as the case may be, shall stand transferred to him for inquiry under the provisions of this Act. (3) Whenever the Lokpal decides not to inquire into the matter himself he shall return the complaint to the State Government. ### 22. Saving. - The institution of any inquiry or proceedings under this Act shall be no bar to a person seeking a remedy available, under any other law, for the time being in force. ### 23. Power to make rules. (1) The State Government may, by notification, in the Official Gazette make rules for carrying out the purposes of this Act. (2) Every rule made under this Act shall be laid, as soon as may be, after it is made, before the State Legislature while it is in session for a total period of ten 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 successive sessions aforesaid, the State Legislature agrees in making any modification in the rule or the State Legislature agrees that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. Schedule ---------- [See section 3(2) ] I,............, having been appointed as Lokpal of Haryana, do swear in the name of God/solemnly affirm that I will bear true faith and allegiance to the Constitution of India as by law established and I will, duly and faithfully and to the best of my ability, knowledge and judgment, perform the duties of my office without fear or favour, affection, bias or ill-will.

65b950dcab84c7eca86e8db8

acts

State of Himachal Pradesh - Act --------------------------------- Himachal Pradesh Forest (Sale of Timber) Act, 1968 ---------------------------------------------------- HIMACHAL PRADESH India Himachal Pradesh Forest (Sale of Timber) Act, 1968 ==================================================== Act 18 of 1968 ---------------- * Published on 22 July 1968 * Commenced on 22 July 1968 Himachal Pradesh Forest (Sale of Timber) Act, 1968 (Act No. 18 of 1968 ) Last Updated 7th March, 2020 For Statement of Objects and Reasons, see the Rajpatra, Himachal Pradesh (Extraordinary) , dated the 22nd July, 1968 p. 677. For its Authoritative Hindi Text, see the Rajpatra, Himachal Pradesh (Extra-ordinary), dated 18th March, 1994, pp. 309-312. (Received the assent of the President on the 12th November 1968, and was published in the Rajpatra, Himachal Pradesh (Extra-ordinary), dated the 17th February, 1969, pp. 145-148). An Act to provide for the control of the sale of timber and establishment of sale depots for such timber in Himachal Pradesh. Be it enacted by the Legislative Assembly of Himachal Pradesh in the Nineteenth Year of the Republic of India as follows:- ### 1. Short title, extent and commencement. (1) This Act may be called the Himachal Pradesh Forest (Sale of Timber) Act, 1968. (2) It shall extend to the whole of Himachal Pradesh. (3) It shall come into force at once. ### 2. Definitions. (1) In this Act, unless the context otherwise requires,- (a) "Official Gazette" means the Rajpatra, Himachal Pradesh; and (b) "State Government" means the Government of Himachal Pradesh. (2) Words and expressions used, but not defined, in this Act and defined in the Indian Forest Act, 1927 (16 of 1927), shall have the meanings, respectively, assigned to them in that Act.s ### 3. Power to make rules, regulating sale of timber and the establishment of sale depots. (1) The State Government may, by notification in the Official Gazette, make rules to regulate the sale of timber and the establishment of sale depots for such timber. (2) In particular and without prejudice to the generality of the foregoing powers, such rules may,- (a) prescribe the classes of timber to which the rules shall apply; (b) define what shall be deemed to be a sale depot; (c) provide for the establishment, registration, regulation and inspection of the depots, and the levy of fees for registration; prescribe the period for which registration shall hold good and the conditions under which timber may be brought to, stored at, and removed from, sale depots; and prohibit the sale of timber at or the establishment or maintenance of unregistered sale depots; (d) regulate the use of sale depot marks and the registration of such arks; prescribe the time for which registration shall hold good; and provide for the levy of fees for registration; (e) prescribe the registers to be maintained at sale depots and provide for the production of such registers before and for their examination by any forest officer authorised in this behalf by the divisional forest officer; (f) prescribe, as penalties for the infringement of any rule made under this section, imprisonment which may extend to six months, or fine which may extend to five hundred rupees, or both. Double penalties may be inflicted where the offence is committed after sunset and before sunrise, or after preparation for resistance of lawful authority or if the officer has been previously convicted of a like offence. (3) All rules made under this section shall be so made after previous publication in the Official Gazette. (4) All rules made under this Act shall be laid before the Legislative Assembly as soon as may be after they are made. ### 4. Application of chapter-IX of Indian Forest Act, 1927. - The provisions of Chapter-IX of the Indian Forest Act, 1927 (16 of 1927), with the exception of section 68, shall apply, so far as may be, to any infringement of the rules made under this Act as if such infringement were a forest offence under the Indian Forest Act, 1927. ### 5. Indemnity for acts done in good faith. - No suit shall lie against any public servant for anything done by him in good faith under this Act. ### 6. Repeal and savings. - The following Acts are hereby repealed:- (1) the Punjab Forest (Sale of Timber) Act, 1913 (3 of 1913), as applicable to the areas merged with Himachal Pradesh under section 5 of the Punjab Re-organisation Act, 1966 (31 of 1966); and (2) the Punjab Forest (Sale of Timber) Act, 1913 (3 of 1913), as applicable to the district of Bilaspur by the Bilaspur (Application of Laws) Order, 1949: Provided that anything done, or any action taken or proceedings commenced or continued under the Acts hereby repealed shall be deemed to have been done, taken, commenced or continued under the corresponding provisions of this Act.

65b96ca4ab84c7eca86e9138

acts

State of Bihar - Act ---------------------- Bihar Inter University Board (Repeal) Act, 2007 ------------------------------------------------- BIHAR India Bihar Inter University Board (Repeal) Act, 2007 ================================================= Act 23 of 2007 ---------------- * Published on 19 April 2007 * Commenced on 19 April 2007 Bihar Inter University Board (Repeal) Act, 2007 (Act 23 of 2007 ) Assented by the Governor of Bihar on 13.4.2007 and published in Bihar Gazette (Extra ordinary) dated 19.4.2007. An Act to repeal the Bihar Inter University Board Act, 1981 (Bihar Act 27, 1982). Preamble. - Be it enacted by the Legislature of the State of Bihar in the fifty eighth year of the Republic of India as follows:- ### 1. Short title, extent and commencement. (1) This Act may be called the Bihar Inter University Board (Repeal) Act, 2007 (2) It shall extend to the whole of the State of Bihar. (3) It shall come into force at once. ### 2. Definitions. - In this Act, unless there is anything repugnant in the subject or context :- (a) "Committee of Secretaries" means committee of secretaries constituted under sub-section (ii) of Section 4. ### 3. Repeal of Bihar Act 27, 1982. - The Bihar Inter University Board Act 1981 (Bihar Act 27, 1982) is hereby repealed. ### 4. Adjustment of employees of Bihar Inter University Board. - (i) On and from the date of repeal of the Act, all employees of the Board, shall remain in employment, as if the Act has not been repealed and they shall continue to be paid same salary and allowances as was payable on the date of repeal of the Act till such time State Government takes such final decision as provided hereinafter. (ii) The State Government shall constitute a Committee of Secretaries consisting of three Secretaries to the State Government, who shall prepare a detailed scheme of absorption, retirement, compulsory retirement or voluntary retirement, other service conditions of employees of the Board. Scheme prepared by the Committee of Secretaries shall be placed before the State Government within three months from the date of enforcement of the present Act for its approval. It shall be open to the State Government to modify, amend or suggest modification or amendment in the scheme and the scheme thereafter shall be made operational in such form and intent as finally approved by the State Government. The scheme approved by the State Government shall be considered as statutory scheme framed under this Act. (iii) After the scheme approved by the State Government is enforced, it shall be fully implemented in its form and intent within three months from the date of its enforcement. (iv) The Committee of Secretaries constituted under Sub-Section (ii) above shall be competent to decide utility and deployment of employees of the Board during transit period and it shall not be open to any employee to question decision of the Committee of Secretaries: Provided that the State Government shall be competent to amend, modify, alter or substitute the scheme so framed for removal of the difficulties in implementation of the scheme. ### 5. Assets and liabilities. - All the assets and properties of Bihar Inter University Board whether movable or immovable including lands, building, stores, vehicle, books, cash balance, reserve fund, investments, furnitures and others shall stand transferred and vested on, and be deemed to have come into the possession of the State Government and all the liabilities and obligations of the Board under any agreement or contract entered into bona fide before the commencement of this Act shall devolve and shall be deemed to have been devolved on the State Government. ### 6. Bar of Law Suit. - No law suit and proceedings shall lie in civil courts with respect to the implementation of the provisions of this Act. ### 7. Savings. - Notwithstanding repeal of Bihar Inter University Board Act, 1981 (Bihar Act 27, 1982), anything done or any action taken, in accordance with the provision of the said Act, if pending, shall be decided under the provision of the said Act as if this Act is not repealed for this purpose.

65ba7d85ab84c7eca86eba9a

acts

Union of India - Act ---------------------- The Coinage of Ferritic Stainless Steel Coin of Rupee One, Coined with the theme "Nritya Mudra" Rules, 2007 ------------------------------------------------------------------------------------------------------------- UNION OF INDIA India The Coinage of Ferritic Stainless Steel Coin of Rupee One, Coined with the theme "Nritya Mudra" Rules, 2007 ============================================================================================================= Rule THE-COINAGE-OF-FERRITIC-STAINLESS-STEEL-COIN-OF-RUPEE-ONE-COINED-WITH-THE-THEME-NRITYA-MUDRA-RULES-2007 of 2007 ---------------------------------------------------------------------------------------------------------------------- * Published on 4 October 2007 * Commenced on 4 October 2007 The Coinage of Ferritic Stainless Steel Coin of Rupee One, Coined with the theme "Nritya Mudra" Rules, 2007 Published vide Notification No. G.S.R. 659(E) , 4th October, 2007 Ministry of Finance (Department of Economic Affairs) G.S.R. 659(E) . - In exercise of the powers conferred by sub-section (1) of Section 21, read with Section 7 of the Coinage Act, 1906 ( 3 of 1906 ), the Central Government hereby makes the following rules, namely :- ### 1. Short title and commencement. (1) These rules may be called the Coinage of Ferritic Stainless Steel Coin of Rupee One, Coined with the theme "Nritya Mudra" Rules, 2007. (2) They shall come into force on the date of their publication in the Official Gazette. ### 2. Standard weight and Remedy allowed. - The standard weight of the ferritic Stainless Steel Coin of One Rupee denomination, coined under the provisions of Section 6 of the Coinage Act, 1906 with the theme "Nritya Mudra" and the remedy allowed in making such coin shall be as specified in the Table below namely :- Table | | | | | --- | --- | --- | | Denomination | Standard weight | Remedy Allowed | | In composition | In standard weight | | (1) | (2) | (3) | (4) | | One Rupees(mono-metallic) | 4.85 grams | Plus or minus 1% for Chromium, that is to say, Chromium could vary from 16% to 18% and remainder iron. | Plus or minus 4% that is to say, the weight could vary from 4.66 grams to 5.04 grams |

65ba21beab84c7eca86eaae3

acts

State of Maharashtra - Act ---------------------------- The Maharashtra Director of Prohibition and Excise (Change in Designation) Act, 1973 -------------------------------------------------------------------------------------- MAHARASHTRA India The Maharashtra Director of Prohibition and Excise (Change in Designation) Act, 1973 ====================================================================================== Act 52 of 1973 ---------------- * Published on 27 December 1973 * Commenced on 27 December 1973 The Maharashtra Director of Prohibition and Excise (Change in Designation) Act, 1973 Maharashtra Act No. 52 of 1973 [27th December, 1973] For Statement of Objects and Reasons, see Maharashtra Government Gazette, 1973, Part 5, Extra, page 381. An Act further to amend certain enactments due to change in designation of the Director of Prohibition and Excise Whereas the designation of the post of Director of Prohibition and Excise is proposed to be changed to Commissioner of Prohibition, and Excise; And Whereas as a consequence thereof it is expedient to amend certain enactments and to provide for matters connected therewith; It is hereby enacted in the Twenty-fourth Year of Republic of India as follows:- ### 1. Short title and commencement. (1) This Act may be called the Maharashtra Director of Prohibition and Excise (Change in Designation) Act, 1973. (2) It shall come into force on such [date] [14th Day of January 1974 (vide G. N. H. D., No EST- 0172/I/III, dated 14th January 1974).] as the State Government may, by notification in the Official Gazette appoint. ### 2. Construction of references in enactments or instruments. - Any reference by whatever form of words to "the Director of Prohibition and Excise" in any law for the time being in force, or in any instrument or document, shall, unless the context otherwise requires, be construed as a reference to the Commissioner of Prohibition and Excise; and all proceedings pending before the Director of Prohibition and Excise shall be deemed to be transferred to the Commissioner of Prohibition and Excise for disposal according to law, and if in any legal proceeding pending before any court, tribunal or authority, the Director of Prohibition and Excise is a party, the Commissioner of Prohibition and Excise shall be substituted as a party to these proceedings. ### 3. [The amendments made by 5.3 of this Act have been incorporated in the Bombay Prohibition Act, 1949, the Bombay Opium Smoking Act, 1936 and the Bombay Drugs Control Act, 1959] Notification G. N. H. D., No. EST. 0172/I/III, dated 14th January, 1974 (M. G., Part 4-B, page 215) - In exercise of the powers conferred by sub-section (2) of section 1 of the Maharashtra Director of Prohibition and Excise (Change in Designation) Act, 1973 (Maharashtra 52 of 1973), the Government of Maharashtra hereby appoints the 14th day of January 1974 to be the date on which the said Act shall come into force.

65ba74b9ab84c7eca86eb6de

acts

Union of India - Act ---------------------- The Quality Of Service Of Broadband Service Regulations, 2006 --------------------------------------------------------------- UNION OF INDIA India The Quality Of Service Of Broadband Service Regulations, 2006 =============================================================== Rule THE-QUALITY-OF-SERVICE-OF-BROADBAND-SERVICE-REGULATIONS-2006 of 2006 --------------------------------------------------------------------------- * Published on 6 October 2006 * Commenced on 6 October 2006 The Quality Of Service Of Broadband Service Regulations, 2006 Published vide Notification No. 304-6/2004-QoS, dated 6th, October, 2006 ### 1042. Notification No. 304-6/2004-QoS, dated 6th October, 2006- In exercise of the powers conferred upon it under section 36 read with sub-clauses (i) and (v) of clause (b) of sub-section (1) of section 11 of the Telecom Regulatory Authority of India Act 1997(24 of 1997), the Telecom Regulatory Authority of India hereby makes the following regulations, namely:- ### 1. Short title, extent and commencement .-(i) These regulations shall be called as Quality of Service of Broadband Service Regulations 2006. (ii) These regulations shall be applicable to all the Internet Service Providers, Basic Service Providers, Unified Access Service Providers and Cellular Mobile Telecom Service Providers including Mahanagar Telephone Nigam Limited and Bharat Sanchar Nigam Limited., providing Broadband Service. (iii) These regulations shall come into force with effect from 1st January, 2007. ### 2. Definitions .-In these regulations, unless the context otherwise requires,- (a) "Act" means the Telecom Regulatory Authority of India Act, 1997; (b) "Authority" means the Telecom Regulatory Authority of India (TRAI); (c) "Basic Service" means service derived from a Public Switched Telephone Network (PSTN) as specified in the license; (d) "Broadband" is defined in the Broadband Policy 2004 as "An always-on data connection that is able to support interactive services including Internet access and has the capability of the minimum download speed of 256 kilo bits per second (kbps) to an individual subscriber from the Point of Presence (POP) of the service provider intending to provide Broadband service where multiple such individual Broadband connections are aggregated and the subscriber is able to access these interactive services including the Internet through this POP. The interactive services will exclude any services for which a separate license is specifically required, for example, real-time voice transmission, except to the extent that it is presently permitted under ISP license with Internet Telephony"; (e) "CPE" means Customer Premises Equipment; (f) "Customer" or "Consumer" means a subscriber of Broadband service; (g) "DSLAM" means Digital Subscriber Line Access Multiplexer; (h) "Internet" is a global information system that is- \*logically linked together by a globally unique address, based on Internet Protocol (IP) or its subsequent enhancements/upgradations; \*able to support communications using the Transmission Control Protocol/Internet Protocol (TCP/IP) suite or its subsequent enhancements/upgradations, and all other IP compatible protocols; (i) "IP Address": Operation of Internet Service requires IP addresses which is at present a 32 bit binary address. This address is required for each permanent connection on Internet. Typically, it is required for ports of routers and other ISP equipment and also for leased line connections to be provided to end users; (j) "IGSP" means International Gateway Service Provider for Internet services; (k) "ILDO" means International Long Distance Operator; (l) "ISP" means Internet Service Provider licensed to provide access to Internet Service; (m) "ISP Node" means a location where the ISP's Gateway Router is connected with upstream service provider; (n) "LAN" means Local Area Network. It is a group of computers and associated devices that share a common communications line or wireless link; (o) "License" means a license granted or having effect as if granted under section 4 of the Indian Telegraph Act, 1885 and Indian Wireless Telegraphy Act, 1933; (p) "Licensee" means a registered Indian Company that has been awarded license for providing specified public telecommunication service under sub-section (1) of section 4 of the Indian Telegraph Act, 1885 ( 13 of 1885 ) for providing; (q) "NAP" means Network Access Point. It is a major overseas Internet interconnection point that serves to logically link global Internet; (r) "NIXI" means National Internet Exchange of India; (s) "NLDO" means National Long Distance Operator; (t) "PC" means Personal Computer; (u) "POP" means Point of Presence of the service provider intending to provide Broadband service where multiple such individual Broadband connections are aggregated and the subscriber is able to access interactive services including the Internet through this POP; (v) "Quality of Service": The term "Quality of Services" (QoS) is defined as "the collective effect of service performance which determines the degree of satisfaction of a user of the service indicating the performance of a broadband network and of the degree to which the network conforms to the stipulated norms"; (w) "Service Provider" means a licensee of Internet Service, Basic Service, Unified Access Service and Cellular Mobile Service, Commercial VSAT Service, etc., including Mahanagar Telephone Nigam Limited/Bharat Sanchar Nigam Limited, who is licensed to provide Internet service; (x) "Time Consistent Busy Hour" (TCBH): The one hour period starting at the same time each day for which the average traffic of the resource group concerned is greatest over the days under consideration. ITU recommends analysis of 90 days to establish TCBH; (y) "UASP" means Unified Access Service Provider. ### 3. Benchmarks for Quality of Service (QoS) Parameters .-The service providers shall meet the benchmarks for the Quality of Service Parameters for Broadband as laid down below:- | | | | | | --- | --- | --- | --- | | Sl. No. | Qos Parameters | Benchmarks | Averaged over a period of | | (i) | Service Provisioning/Activation Time | 100% cases in=<15 working days (subject to technical feasibility). In all cases where payment towards installation charge and security deposit is taken and the Broadband connection is not provided within 15 working days, a credit at the rate of Rs. 10 per day, subject to a maximum of installation charge or equivalent usage allowance shall be given to the customer, at the time of issue of first bill. | | | (ii) | Fault Repair/Restoration Time | By next working day:>90% and within 3 working days: 99% Rebate: (a) Faults Pending for>3 working days and <7 working days: rebate equivalent to 7 days of minimum monthly charge or equivalent usage allowance (b) Faults Pending for>7 working days and <15 working days: rebate equivalent to 15 days of minimum monthly charge or equivalent usage allowance (c) Faults Pending for>15 working days: rebate equivalent to one month of minimum monthly charge or equivalent usage allowance | | | (iii) | Billing Performance · Billing complaints per 100 bills issued · Percentage of Billing complaints resolved · Time taken for refund of deposits after closure: | <2% 100% within 4 weeks 100% within 60 days | One month | | (iv) | Response time to the customer for assistance | Percentage of calls answered by operator (Voice to Voice) Within 60 seconds>60% Within 90 seconds>80% | One month | | (v) | Bandwidth Utilization/Throughput: (a) (Bandwith Utilization) (i) POP to ISP Gateway Node [Intra-network] Link(s) | <80% link(s) /route bandwidth utilization during peak hours | | | (ii) ISP Gateway Node to IGSP/NIXI Node upstream Link(s) for International connectivity (b) Broadband Connection Speed (download) | (TCBH) . If on any link(s)/route bandwidth utilization exceeds 90%, then network is considered to have congestion. For this additional provisioning of Bandwidth on immediate basis, but not later than one month, is mandated. Subscribed Broadband Connection Speed to be met>80% from ISP Node to User. | | | (vi) | Service Availability/Uptime (for all users) | >90% quarter ending June 2007; >98% with effect from quarter ending September 2007 and onwards | One quarter | | (vii) | Packet Loss (for wired broad-band access) | <1% | One month | | (viii) | Network Latency (for wired broadband access) | | One month | | · User reference point at POP/ISP Gateway (IGSP/NIXI) | <120 m sec | | · User reference point at ISP Gateway Node to International nearest NAP port abroad (Terrestrial) | <350 m sec | | · User reference point at ISP Gateway Node to International nearest NAP port abroad (Satellite) | <800 m sec | | (ix) | Customer perception of services | One quarter | | (a) | % satisfied with the provision of service | >90% | | | (b) | % satisfied with the billing performance | >90% | | | (c) | % satisfied with help services | >90% | | | (d) | % satisfied with network performance, reliability and availability | >85% | | | (e) | % satisfied with maintainability | >85% | | | (f) | % satisfied with overall customer satisfaction | >85% | | | (g) | % satisfied with customer satisfaction with offered supplementary services such as allocation of static/fixed IP addresses, e-mail IDs, etc. | >85% | | ### 4. Reporting requirement .-The service providers shall submit the Performance Monitoring Reports on the QoS benchmarks for all the parameters in the format to be prescribed by the Authority on Quarterly basis, ending 31st March, 30th June, 30th September and 31st December, but not later than 6 weeks from the end of the Quarter. The Authority may review from time to time the periodicity and the format of such report. ### 5. Registration of Demands for Broadband Connections .-5.1 Service Providers, who intend to provide Broadband service, in a particular service area or exchange area/locality/city shall advertise and make public the Broadband availability plan at periodic interval of at least once in 6 months so that prospective customers can make registration. 5.2 In order to ensure that applications for Broadband connections are registered without any discrimination, the service provider shall register all demands for Broadband connections and give registration number to the prospective customer. If it is technically feasible to provide the Broadband connection on demand, the same shall be provided within the time frames indicated in the regulation. In all other cases, waiting list shall be maintained and connections released in a non-discriminatory manner as per the waiting list. ### 6. Auditing .-6.1 The service providers shall maintain complete and accurate records of Service Provisioning/Activation, Fault Repair/ Restoration, Billing Complaints, Response time to the customer for assistance, Bandwidth Utilisation/Throughput, Service Availability/Uptime, Packet Loss and Latency measurements. 6.2 Network performance parameters like Bandwidth Utilisation/Throughput including Broadband Connection Speed, Packet Loss and Latency shall be measured on sample basis by the Authority from time to time, directly or if need so arises, through an independent agency. 6.3 The Authority shall audit/inspect, either directly or through an independent agency, the records relating to the reporting of compliance to the QoS parameters. The Authority, if it thinks fit, may require the service providers to get the reports submitted to the Authority audited, at its own cost, through independent and qualified agencies. ### 7. Customer Perception of Service .-The Quality of Service parameter for Customer perception regarding Broadband service shall be measured through customer survey conducted by the Authority through an independent agency. The result of this survey may be made public for the information of the customers to generate healthy competition amongst service providers to improve service. ### 8. Broadband Connection Speed (download) .-The service providers shall make available a facility for measuring Broadband Connection Speed (download) at ISP node within a period of three months of coming into force of these regulations. ### 9. Review .-The Authority suo motu or on reference from any affected party, or for good and sufficient reasons, may review and modify these regulations. ### 10. Interpretation .-In case of any doubt regarding interpretation of any of the provisions of these regulations, the decision of the Authority shall be final and binding. ### 11. Explanatory memorandum .-These regulations contain at Annex-an Explanatory Memorandum to provide the background and reasons for the issuance of these regulations, detailed meaning of the various parameters and their measurement methods. ANNEXURE EXPLANATORY MEMORANDUM BACKGROUND: ### 1. The Broadband Policy issued by the Government in October, 2004 provides forfixation of the Quality of Service standards for Broadband Service by TRAI. At the time of issue of the Broadband Policy, Broadband connections in India were of the order of 50,000 only. This has crossed 17 lakhs connections by August, 2006. Along with the increase in the numbers of customers, the numbers of consumer complaints pertaining to Broadband Services are also increasing. The analysis of complaints received by the Authority indicates the customers concern for fault repair, service provisioning, and network & billing related problems. To address customers' concern and to create conditions for consumer satisfaction, a need is, therefore, felt to fix the Quality of Service benchmarks for Broadband. ### 2. The Authority had undertaken public consultation by releasing a Consultation Paper on 23rd May, 2006 and comments of stakeholders were sought by 16th June, 2006. Open House Discussions with the stakeholders were held at Delhi on 28th June, 2006. After the Open House Discussions, a core group, consisting of representatives from COAL AUSPI, ISPAI, BSNL, MTNL, VSNL, Spectranet and an independent Consultant, was formed to further deliberate on some of the issues relating to Quality of Service for Broadband. ### 3. The Authority considered the comments received from stakeholders during the consultation process and the deliberations of the core group while finalizing the Quality of Service norms for Broadband. The meaning of the various parameters, its measurement methodology and rationale for the Quality of Service Benchmarks is given below. Objective of laying down Quality of Service Parameters: ### 4. The objective of laying down Quality of Service Parameters for Broadband service is to: (i) Create transparency and monitorable standards in services through predetermined Quality of Service norms for Broadband which the service provider is required to provide and the user has a right to expect. (ii) Measure the Quality of Service for Broadband provided by the Service Providers from time to time and to compare them with the norms so as to assess the level of performance. (iii) Protect the interests of consumers of Broadband service and thus enhance consumer satisfaction. MEANING OF THE QoS PARAMETERS AND MEASUREMENT METHODOLOGY (a) Service Provisioning/Activation Time: ### 5. The service provisioning/ activation time means the time taken from the date of receipt of an application to the date when the service is activated. ### 6. Core group, recommended that in case an advance payment of any sort, for installation or service provisioning, has been taken, then the service must be activated within 15 days. If this is not done, then the service provider must return the money to the customer. The service provisioning benchmark of 15 days has been prescribed accordingly. ### 7. Technically Non Feasible (TNF) cases such as unavailability of Broadband infrastructure/ equipment in the Area or Spare Capacity, i.e., Broadband Ports including equipment to be installed at the customer premises for activating Broadband connection shall be excluded from the calculation of this parameter. Also, problems relating to customer owned equipment such as PC, LAN Card/USB Port and internal wiring or non-availability of such equipment shall be excluded from the calculation of this parameter. (b) Fault Repair/Restoration Time: ### 8. Fault Repair/ Restoration Time means the time taken to restore an existing customer's service to operational level from the time that a problem or fault is reported. ### 9. Only those complaints, which have been registered till the close of the business hours of the day, will be taken into account. Complaints registered after the business hours will be taken as being registered in the next day business hours. At the same time, faults due to the customer premises equipment which is owned by customer such as computer hardware and software including LAN card/USB Ports, etc., shall be excluded from the measurement of performance against this benchmark, as the service provider is not directly responsible for these faults. ### 10. The benchmarks proposed for this parameter in the Consultation Paper was different from the benchmarks prescribed in these regulations. This is mainly because during discussions with the core group members, it was felt that the benchmark for Fault Restoration Time given in the ISP license agreement cannot be diluted. Accordingly, similar benchmarks have been prescribed in these regulations for Fault Repair/ Restoration Time. ### 11. During consultation, the service providers, core group members and consumer organizations had accepted the proposal to give rebate/credit for downtime, although there were different views regarding the quantum of rebate for downtime including provision for rebate of excess down time on the same principles as voice telephony services. In order to have uniformity in the QoS regulations, the Authority has prescribed rebates on the same principles as for basic service (wireline) for excessive downtime. In all cases where the fault is not rectified within 3 working days, rebate shall be given as per the provisions in regulation 3(ii). (c) Billing Performance: ### 12. The percentage of bills resulting in a customer complaint indicates the billing performance. | | | | --- | --- | | Billing complaints per 100 bills issued = | Total number of disputed bills X100 | | Total number of bills issued during one billing cycle. | The benchmark for this parameter has been prescribed, in line with the proposal in the consultation paper and the views of the stakeholders. The Billing Performance parameters have been specified for online charging systems as well as for offline billing system. It also includes charging errors in preparation of bills by the service providers. (d) Response Time to the customer for Assistance: ### 13. The duration from the instant a call is made to helpline number and a ring back is received to the instant the human operator answers the calling user to provide the service requested. ### 14. The calculations shall be provided based on the percentage of calls answered within 60 seconds and within 90 seconds, averaged over a period of one month. ### 15. This parameter was not proposed in the Consultation Paper. But considering the fact that complaints/ service requests are normally made over on telephone, it is necessary to measure the effectiveness of the customer care helpline numbers. Only voice to voice calls to the customer care helpline/call centre/help desk numbers are included in the regulation and this does not mean IVR response from the customer care centre of the service provider. (e) Bandwidth Utilization/Throughput: ### 16. During consultation process there were different suggestions regarding measurement of the parameter and in the core group discussions it was generally agreed that the benchmark proposed in the Consultation Paper was difficult to measure and implement. It was deliberated in the core group discussions and generally agreed that measurement of the bandwidth utilisation for network links can be made using Multi Router Traffic Grapher (MRTG) . ### 17. The Internet Service Provider could offer a good quality of service to the customers only if there is enough bandwidth in the Access segment, long distance segment and Overseas NAP segment. The Access segment is entirely managed and operated by the ISP. The broadband service can be provided through DSL, OFC, Cable TV Network, VSAT and Broadband Wireless Access (BWA) technologies. The national long distance segment is usually taken on lease from NLDOs/ UASPs and the Overseas NAP segment is generally provided by the ILDOs in the form of International Private Leased Circuit (IPLC) or Internet Leased Line (ILL). Therefore, enough bandwidth should be made available in, all the three segments for ensuring good quality of service. ### 18. The Authority has considered the deliberations of the core group while fixing the benchmarks for this parameter and decided that the service providers are required to monitor the bandwidth utilization during Time Consistent Busy Hours (TCBH) for all network link(s)/route. ISPs/ Service Providers shall report to TRAI the bandwidth utilization (loading) of all the upstream links going to IGSP/NIXI with Multi Router Traffic Grapher (MRTG). However, for local links/intra-network links the service provider need to report, only, exceptions having loading more than 80%. In case there is more than one link, then the average utilization of all the route links should not exceed 90% of loading level for a period of at least one month. The broadband service provider is required to make provision for additional bandwidth if the bandwidth utilization of the network links exceeds the 90% loading level for a period of at least one month. Average utilization of bandwidth in a route means utilization of bandwidth capacity on all the links of the route. For example, if there are 3 links consisting of one link of 34 Mbps, two links of 155 Mbps each, in a route from ISP gateway to IGSP then the total bandwidth available in the route is 344 Mbps (34+'155+155) and 90% of loading means bandwidth utilization of 309.06 Mbps. MEASUREMENT METHODOLOGY FOR LINK BANDWIDTH UTILIZATION/THROUGHPU: ### 19. Both in Broadband access network/intra-network links and links to upstream service provider, the bandwidth utilization shall be monitored using Multi Router Traffic Grapher (MRTG) . This is a tool to monitor the traffic load on network links. MRTG generates HTML pages containing images which provide a live visual representation of the traffic. It works on UNIX platforms and Windows NT. MRTG uses a highly portable Simple Network Management Protocol (SNMP) implementation to read the traffic counters of routers and create graphs representing the traffic on the monitored network connections. These graphs can be embedded into web pages which can be viewed from.any Web-browser. In addition to detailed daily view, MRTG also creates visual representations of the traffic over a period. The measurement for reporting purposes is to be made only on working days during TCBH. (f) Broadband Connection Speed (download): ### 20. In the consultation paper under the proposed benchmark Bandwidth utilization/ throughput, it was proposed that "the bandwidth utilization between the user and the nearest serving ISP node during download shall not be less than 70% of the subscribed level-for 95% of the time". Views of stakeholders are different such as: (i) proposed benchmark can be committed and achieved between the user and nearest ISP Node; (ii) the dependency of link utilization on the availability of the content/application to be supplied from the other end is one of the factors to be considered here and dependency is on the other end server, far end ISP link and far end ISP's upstream connectivity; (iii) beyond POP there is always a sharing of bandwidth and the effective throughput at any instant depends on the contention which increases manifold in the International domain; (iv) it is not possible to measure throughput as a historic measure; (v) it is not possible to establish that the traffic as less than 70% due to non-usage of the circuit, or less usage; (vi) any measurement has to be on current basis; and (vii) bandwidth can be effectively measured by a down-loaded server dedicated for this purpose. ### 21. The Authority has considered the views of the stakeholders while fixing the benchmarks for this parameter. This parameter has been prescribed to enable the users and service providers to measure the connection speed. As per Broadband Policy, the Broadband has been defined as "an always on data connection that has the capability of the minimum download speed of 256 kbps to an individual subscriber from the Point of Presence (POP) of the service provider where multiple such individual broadband connections are aggregated". In order to facilitate measurement of download speed from POP by the user independently, a measurement facility is needed at each POP. However, it would be difficult for the Broadband service provider to install the measurement facility in each POP to facilitate the user to test independently the download speed. Therefore, service providers can install the facility at a central location or at an ISP Node. The measurement in this way shall include the intra-network links and loading of intra-network links may affect the speed measurement sometime. Therefore, keeping the reasonable loading level in intra-network links upto ISP Node, the benchmark has been prescribed that service providers shall ensure the speed of Broadband connection is >80% of the subscribed speed. Measurement of Broadband Connection Speed (download) : ### 22. The parameter can be measured on a sample basis by the user and service provider. The service providers need to install download speed measurement software in the Server at ISP Node to facilitate the user to measure independently the download connection speed through a web link. The facility shall be made available and the required procedure and information to facilitate such testing by the customer shall be made known to the customers by the service provider within a period of three months of coming into effect of these regulations. | | | | --- | --- | | Date download speed = | Size of the test file (data) in ISP Server | | Transmission time required for error free transfer of the entire data | (g) Service Availability/uptime: ### 23. Service availability /uptime is the measure of the degree to which the Broadband access network including ISP Node is operable and not in a state of failure or outage at any point of time for all users. It also includes the upstream connectivity uptime. Therefore, it measures the total downtime of the network for all users, including the LAN Switches, Routers, Servers, e-mail facilities, etc., at ISP Node and connectivity to upstream service providers over a period of one quarter. | | | | --- | --- | | Service Availability= | (Total operation hours – Total hours of service downtime) X 100% | | Total operational hours | During consultation, some of the stakeholders had suggested a lower benchmark for this parameter. However, the Authority has fixed the benchmark for this parameter, keeping in view the fact that Broadband being an always on connection the downtime should be minimal. ### 24. Downtime for the purpose of upgrading or routine maintenance of the network system shall be excluded from the calculation of the service availability/uptime provided that users are informed in advance of any such upgradation or maintenance action. (h) Latency: ### 25. During consultation process the general view was that the proposed benchmark of <90 msec for latency from User to IGSP Gateway is too inadequate. There were also suggestions that the measurement to be made on a sample basis and there should be a reference point for measurement. The reference point was discussed in the core group and the group considered reference points as User, ISP Node/POP and NIXI/IGSP nodes. Considering the fact that the latency measurement to NIXI/IGSP Gateway reference point is more holistic than measuring the latency for each component of the network, the Authority felt that latency in the national leg from the User (Reference Point) to International Gateway (IGSP/NIXI) shall be specified and decided that the benchmark shall be <120 msec, which is achievable. ### 26. The ISPAI also accepted that latency of 300 msec in the international link from NIXI Node/ IGSP Gateway to the nearest NAP is reasonable. Since the measurement of latency for the international link to the nearest NAP port cannot be made by the Broadband service provider from IGSP, it is considered to measure the latency for international link from ISP Node, which is under the control of the service provider. As such, the benchmark will also include the latency from the ISP Node to the NIXI Node/IGSP Gateway. Considering this aspect, the Authority has decided that the latency for the terrestrial link from the ISP Node to the nearest NAP be < 350 msec. The core group and stakeholders have generally agreed to the proposal in the consultation paper for the latency for satellite media as <800msec and the same is accepted by the Authority. (i) Packet Loss: ### 27. On Packet loss, different views emerged during consultation process. Some stakeholders had raised doubt about measurement of packet loss, while some had agreed with the parameter proposed in the Consultation Paper. In the core group, industry representatives had proposed packet loss of <2%, while others had indicated that it is too lenient. Considering the International practices and the fact that benchmark of <2% is too lenient, the Authority has decided to retain the benchmark of <1% proposed in the consultation paper. Packet Loss and Latency Measurement: ### 28. Packet Loss: Packet loss is the percentage of packets lost to the total packets transmitted between two designated CPE/Router Ports. ### 29. Network Latency: Latency is the measure of duration of a round trip for a data packet between specific source and destination Router Port/Customer Premises Equipment (CPE) . ### 30. Packet Loss and Latency Parameters indicate the quality of Broadband accessnetwork equipment including leased line resources used as well as the equipment at the ISP/Service Provider Node. Being responsible to the customer for end to end QoS, the Broadband service provider needs to ensure that QoS is maintained on all the connected links. For this purpose, the service provider should negotiate Service Level Agreements (SLA) with the upstream service providers, i.e., leased line providers (NLD/UASP/BSO/ IP-II) and IGSP/ILDO. There is a need to measure the packet loss and latency at different points using ping tests. ### 31. The Packet Loss and Latency parameters proposed are for wired Broadband access network only having Optical Fibre Technologies, Digital Subscriber Lines (DSL) on copper loop and Cable TV Network in the access network and terrestrial media in the national backbone. For the broadband wireless access (BWA), since the technology is evolving and implementation is at the nascent stage, no benchmark for packet loss and latency is proposed. The Authority would revisit this issue later. ### 32. The measurement will be made for Packet Loss and Latency by the service provider on a sample, basis taking the Broadband customer (User) configuration as User Reference Test Point at ISP Node/ POP. This configuration shall have local loop, CPE, ADSL-router/ modem or Cable modem and PC/Laptop. The PC/Laptop shall have a minimum configuration of Pentium-IV, Windows 2000 operating system/XP/UNIX with 256 MB RAM, hard disk 40 GB which normally a broadband user is expected to have for getting broadband speed. ### 33. Minimum sample reference points for each service area shall be three in number or multiple reference points, if needed. The Packet Loss and Latency shall be measured from user reference points at ISP Node/POP to IGSP/NIXI Gateway location and also to the nearest NAP port abroad. ### 34. Ping Test will be generated during the time consistent busy hour (TCBH) . For Ping test the defined Packet size shall be of 64 bytes. The test conducted on daily basis shall be averaged for a month and the result of the Ping Test to be indicated for the Packet Loss and Latency. ### 35. Packet Loss Measurement shall be done by computing the percent packet loss of 1000 pings (with acknowledgement for each previous packet received) of 64 byte packet each. This packet loss is the measurement of packet lost from Broadband customer (User) configuration /User Reference Point at ISP Node/POP to the IGSP/NIXI Gateway and to the nearest NAP Port abroad. ### 36. Latency Measurement shall be done from user reference points at ISP Node/POP to IGSP/ NIXI Gateway location and to the nearest NAP Port abroad. The round trip delay for the Ping packets from ISP premises to the IGSP/NIXI Gateway and to the nearest NAP port abroad will be measured by computing the delay for 1000 Pings of 64 bytes each, where pings are only sent subsequent to an acknowledgement being received for the same for the previous ping. The following figure shows the various locations from where the packet loss and latency can be measured by the Service Providers on sample basis during TCBH: ### 37. All the measurements of engineering standards such as Bandwidth Utilisation/ Throughput, Packet Loss and Latency are to be carried out in the Time Consistent Busy Hour (TCBH) as specified by ITU-T. (j) Static I.P. Address Allocation: ### 38. IP address allocation for Broadband users is normally done by dynamic allocation method on per session basis. Static/Fix IP address allocation is required for few applications as per the requirement of customer. During consultation process the stakeholders had generally opined that this should not form part of the QoS benchmarks for Broadband. Therefore, considering the views of the service providers and the normal practice followed, Static IP address allocation is not proposed for the QoS benchmarking criteria. But in case a Broadband customer desires to have one or more static IP addresses, it is expected to be made available by service provider as per normal commercial conditions. (k) Customer Perception of Service: ### 39. This parameter has been prescribed to assess the customer perception of service.

65b8f337ab84c7eca86e80a6

acts

State of Karnataka - Act -------------------------- Karnataka Nursing and Paramedical Sciences Education (Regulation) Authority Act, 2012 --------------------------------------------------------------------------------------- KARNATAKA India Karnataka Nursing and Paramedical Sciences Education (Regulation) Authority Act, 2012 ======================================================================================= Act 10 of 2013 ---------------- * Published on 1 January 2013 * Commenced on 1 January 2013 Karnataka Nursing and Paramedical Sciences Education (Regulation) Authority Act, 2012 (Karnataka Act No. 10 of 2013 ) Statement of objects and Reasons - Act No. 10 of 2013 . - It is considered necessary to establish and incorporate an authority for the purpose of strengthening, systematic functioning and to maintain standard of education and development of Nursing and paramedical education in the State. Hence, the Bill. [L.A. Bill No.32 of 2012, File No. Samvyashae 58 Shasana 2012] [Entry 32 of List II and entry 25 of List III of the Seventh Schedule to the Constitution of India.] (First published in the Karnataka Gazette Extraordinary on the Thirtieth day of January, 2013) (Received the assent of the Governor on the Twenty Eighth day of January 2013) An Act to provide for establishment of an Authority for regulation of nursing, paramedical sciences education and for matters connected therewith or incidental thereto. Whereas it is expedient to provide for the establishment of an Authority for regulation of nursing, paramedical sciences education and for matters connected therewith or incidental thereto. Be it enacted by the Karnataka State Legislature in the Sixty-Third Year of the Republic of India as follows:- Chapter-I ### 1. Short Title And Commencement. (1) This Act May Be Called The Karnataka Nursing And Paramedical Sciences Education (Regulation) Authority Act, 2012. (2) It shall come into force on such date as the State Government may, by notification, appoint. ### 2. Definitions. - In this Act, unless the context otherwise requires,- (a) "academic year" means the year beginning on such date as the authority may, by notification, specify with respect to any specified area or with respect to any educational institution or class of educational institutions; (b) "approved school" means any school or institution in any specified area imparting education in para medical sciences or nursing education which,- (i) is under the management of the State Government or a local authority; or (ii) being under any other management, is recognised by the authority or by an officer authorised by the Authority; (c) "authority" means, the Karnataka Nursing, Paramedical Sciences Education (Regulation) Authority constituted under section 3; (d) "backward classes" means any socially and educationally backward classes of citizens recognised by the Government for purposes as the case may be, of clause (4) of Article 15 or clause (4) of Article 16 of the Constitution of India; (e) "Chairman" means, the Chairman of the Authority; (f) "competent authority" means any person or officer of the authority authorised by it, by notification, to perform the functions and discharge the duties of the competent authority under all or any of the provisions of this Act for such area or for such purposes or for such classes of institutions as may be specified in the notification; (g) "department" means the department of Medical Education; (h) "educational agency" in relation to a private educational institution, means any person or body of persons which has established and is administering or proposes to establish and administer or is entrusted with the establishment, management, administration and maintenance of such private educational institution; (i) "educational institution" means any institution imparting nursing or para medical education and includes a private educational institution but does not include an institution under the direct management of the University or of the Central Government; (j) "employee" means a person employed in an educational institution; (k) "governing council" means any person or body of persons permitted or deemed to be permitted under this Act to establish or maintain a private educational institution and includes the governing body, by whatever name called, to which the affairs of the said educational institution are entrusted; (l) "Local Authority" means the Authority established by the State Government by law for administration of any local area and to function as a Local Self Government; (m) "Managing Committee" means the individual or the body of individuals entrusted or charged with the management and administration of a private educational institution and where a society, trust, or an association manages more than one such institution, includes the managing committee of each such institution; (n) "medical education" includes education in modern scientific medicine, in all its branches, Ayurvedic system of medicine, Unani system of medicine, integrated system of medicine, Indigenous medicine, Naturopathy, Siddha or Homeopathy; (o) "member" means, a member of the Authority; (p) "minority educational institution" means a private educational institution of its choice established and administered by a minority whether based on religion or language, having the right to do so under clause (1) of Article 30 of the Constitution of India; (q) "para medical education" means education in auxiliary or allied health sciences in laboratory technologies, `X' ray technologies and includes other courses leading to diploma or certificate courses as may be notified by the Government from time to time; (r) "private educational institution" means any educational institution imparting nursing and para medical education established and administered or maintained by any person or body of persons, but does not include an educational institution,- (i) established and administered or maintained by the Central Government or the State Government or any local authority or any other authority designated or sponsored by the Central Government or the State Government; (ii) established and administered by any University established by law; (iii) imparting instruction for which there is no approved syllabi or course of studies or Government or University Examination; (s) "public interest" includes public order, public health, public morality and other similar purposes; (t) "ragging" means causing, inducing, compelling or forcing a student, whether by way of a practical joke or otherwise, to do any act which detracts from human dignity or violates his person or exposes him to ridicule or to forbear from doing any lawful act, by intimidating., wrongfully restraining, wrongfully confining, or injuring him or by using criminal force to him or by holding out to him any threat of such intimidation, wrongful restraint, wrongful confinement, injury or the use of criminal force; (u) "recognised educational institution" means an educational institution recognised under this Act and includes one deemed to be recognised thereunder; (v) "secretary in relation to a private educational institution" means the person, by whatever name called, who under the rules or regulations of the private educational institution is a chief executive entrusted with the management of the affairs of the institution; (w) "Executive Director" means, the Member-Secretary of the Authority; (x) "society" includes a society registered under the Karnataka Societies Registration Act, 1960 (Karnataka Act 17 of 1960 ), or Karnataka Co-operative Societies Act, 1959 or a trust registered under the Bombay Public Trust Act, 1950, or any association of individuals registered under any other law for the time being in force; (y) "Regulation" means, regulations made under this Act. Chapter-II ### 3. Constitution of The Authority. (1) As Soon As may be, After the Commencement of this Act, There shall be Established for the Purposes of this Act, An authority for regulation of Nursing and Paramedical Sciences Education to be called the Karnataka Nursing and Paramedical Sciences Education (Regulation) Authority with its Head-Quarters at Bangalore. (2) The Authority shall be a body corporate by the name aforesaid having perpetual succession and a common seal to contract and shall by the said name sue and be sued. (3) The Authority shall consist of the following members, namely:- | | | | | --- | --- | --- | | (a) | The Secretary to Government incharge of Medical Education | Chairman | | (b) | The Secretary to Government Department of Health and Family Welfare | Ex-officio Member | | (c) | The Registrar, Karnataka Nursing Council | Ex-officio Member | | (d) | Two Principals of Nursing schools nominated by the State Government | Members | | (e) | Two Principals of Paramedical Sciences institutions nominated by the State Government | Members | | (f) | The Executive Director | Member-Secretary | ### 4. Term of office and conditions of service. (1) Subject to the pleasure of the State Government, non-official members nominated by the State Government shall hold office for a period of three years. (2) The member other than an ex-officio member may resign his office by writing under his hand addressed to the State Government but shall continue in office until his resignation is accepted. (3) A causal vacancy in the office of a non-official member shall be filled by the State Government by nominating another person and the person so nominated shall hold office for the un-expired portion of the term of the office of his predecessor. (4) The members shall receive such allowances as may be prescribed. (5) The allowances payable to the members shall be defrayed out of the Fund of the Authority. (6) No act or proceedings of the Authority shall be invalid by reason only of the existence of any vacancy or defect in the constitution of the Authority. ### 5. Disqualification for office of membership. (1) A person shall be disqualified for being appointed as and for being a member, if he,- (a) has been convicted and sentenced to imprisonment for an offence which in the opinion of the State Government involves moral turpitude; or (b) is of unsound mind and stands so declared by a competent court; or (c) is an undischarged insolvent ; or (d) has been removed or dismissed from service of the Central Government or a State Government or a body or corporation owned or controlled by the Central Government or a State Government; or (e) has directly or indirectly by himself or his partner any share or interest in any work done by the order of the Authority or in any contract or employment with or under or by or on behalf of the Authority. (f) is employed as a paid legal practitioner on behalf of the Authority or accepts employment of legal practitioner against the Authority; (2) A person shall not be disqualified under clauses (e) and (f) of sub-section (1) or be deemed to have any share or interest in any contract or employment within the meaning of the said clause by reason only of his having a share or interest in any newspaper in which any advertisements relating to the affairs of the Authority is inserted. ### 6. Removal of member. (1) The State Government shall remove the other member if,- (a) he becomes subject to any of the disqualifications mentioned in section 5: Provided that no member shall be removed on the ground that he has become subject to the disqualification mentioned in clause (e) of sub-section (1) of that section, unless he has been given an opportunity of making his representation against the proposal; or (b) he refuses to act or becomes incapable of acting; or (c) he without obtaining leave of absence from the Authority absents from three consecutive meetings of the Authority ; or (d) in the opinion of the State Government he has so abused his position as to render his continuance in office detrimental to the public interest: Provided that no member shall be removed under this clause unless he has been given an opportunity of making his representation against the proposal. ### 7. Executive Director. (1) The Executive Director shall be a whole time officer of the Authority. (2) The Director of Medical Education shall be the Executive Director of the Executive committee. ### 8. Officers of the Authority and conditions of service. (1) Subject to such rules as may be prescribed, the State Government or such other officer as the State Government may authorise, may appoint or depute such officers and employees as it may deem necessary for the efficient discharge of its functions. (2) The recruitment and terms and conditions of service of the officers and servants specified above shall be such as may be prescribed: Provided that the tenure, remuneration, terms and conditions of service of persons who are on deputation shall be protected and they shall not be varied to their disadvantage. ### 9. Meetings of the Authority. (1) The meetings of the Authority shall be convened by the Chairman or by the Executive Director with the prior approval of the Chairman and shall be held at any place within the jurisdiction of the Authority. (2) The Authority shall meet at least once in every two months. (3) The Chairman or the Executive Director with the prior approval of the Chairman shall convene a special meeting if the Chairman feels it necessary. (4) The Authority shall observe such rules of procedure in regard to the transaction of business at its meeting as may be provided by regulations. (5) Every meeting shall be presided over by the Chairman and if for any reason, the Chairman is unable to attend any meeting, the Vice-Chairman shall preside at the meeting. (6) Half of the members shall form the quorum. ### 10. Proceedings presumed to be good and valid. - No disqualification of or defect in the appointment of any person acting as Chairman or member shall be deemed to vitiate any act or proceeding of the Authority if such act or proceeding is otherwise in accordance with the provisions of this Act. ### 11. Executive Committee of the Authority. (1) There shall be a Executive Committee of the Authority to carry on day to day business of the Authority. (2) The Executive Committee shall have the power to transact all business of the Authority and shall report all important matters of the Authority for approval in the next meeting. (3) The Executive Committee shall consist of the following members, namely:- | | | | | --- | --- | --- | | (a) | The Executive Director | Chairman | | (b) | An officer not below the rank of Deputy Secretary to the Government nominated by the State Government | Member | | (c) | The Registrar | Member Secretary | (4) The administrative and financial powers of the Executive Committee shall be such as may be prescribed. ### 12. Duties and responsibilities of the Executive Director. (1) The Executive Committee subject to approval of the Authority shall take decision on every matters including finance or administration and other matters concerned regarding the conducting of examination. All matters to the Government shall be addressed by the Executive Director of the Authority. (2) The Executive Director of the Authority shall exercise the powers of the Executive Committee. The Executive Director of the Authority is responsible for operating the bank accounts jointly with the Registrar. (3) The Executive Director shall exercise in respect of the office of the Authority, such powers as are exercised by "Head of the office" under the State Government and perform the duties as have been given in the rules and regulations. He shall also be responsible for the safety of the property control and management of the office accounts/funds and correspondence and shall see that the office staff attend punctually and generally fulfill all such duties as required by the Authority. He shall be responsible for planning the agenda of the Authority meeting. He shall circulate the proceedings of the meeting to all the members within thirty days after the meeting and initiate action to implement all the decision of the meeting. (4) The Executive Director shall cause inspection of the para medical institutions, the schools of Nursing/Institutes of Nursing and verify the sanctioned intake, admission of students, approval of the Indian Nursing Council, New Delhi, academic events such as internal assessment marks, implementation of syllabus, availability of faculty and infrastructure, such as library, accommodation, building, etc., as per the guidelines of Indian Nursing Council, New Delhi. (5) The Executive Director shall call for Authority meeting before the announcement of annual and supplementary examination results and also special meeting when occasion arises. (6) The Executive Director shall be responsible for timely issue of Diploma Certificates, Marks cards and Verification of certificates received from police department, embassies, Human Resources Department and other allied departments. (7) The Executive Director shall sign vakalat in all legal matters. (8) The Executive Director shall be responsible for conducting workshop of nursing/orientation programme pertaining to nursing/para medical examination. (9) The Executive Director shall be responsible for conducting enquiries on disciplinary proceedings against the Authority officials. (10) The Executive Director shall prepare bills and sign cheques jointly with the Registrar of the Executive Committee for drawing and disbursement of the amount. (11) The Executive Director shall be responsible for maintaining of cash book and other financial records as per the Karnataka Financial Code, 1958. (12) The Executive Director is responsible for cash disbursement to the officials, suppliers and also to the concerned persons. (13) The Executive Director is responsible for maintenance of records as per office procedure prescribed by the Government of Karnataka. (14) The Executive Director is responsible for maintenance of stores and stock accounts of the Authority. (15) The Executive Director is responsible for maintenance of service registers of the staff and the personal files. (16) When the Executive Director proceeds on long leave/preparatory to retirement/when the vacancy occurs under any circumstances, the a suitable officer appointed by the Government shall be placed in additional charge till a successor is appointed or till the incumbent returned from leave. (17) The Executive Director may with prior approval of the Chairman, delegate any of his powers specified above to his subordinates for smooth functioning of the Authority. ### 13. Sub-Committee. - The Authority may for any specific purpose academic matter, examination and evaluation matters constitute a Sub-Committee consisting of such members not exceeding five members from amongst its members, the Secretary of the Authority shall be the Chairman of the Sub-Committee. ### 14. Powers and duties of Sub-Committee. (1) The Sub-Committee shall exercise such of the powers and perform such duties of the Authority which are delegated to it by the Authority. (2) The Sub-Committee shall meet whenever the Executive Director calls the meeting. (3) The Sub-Committee shall take decisions on urgent matters to review the prompt implementation of the decision of the Authority and suggest on urgent matter for action by the State Government. (4) The Sub-Committee shall observe such rules of procedure in regard to the transaction of business at its meetings as may be provided by regulations. ### 15. Obtaining the services of experts. (1) In order to carry out the purposes of the Act, the Authority if necessary, may obtain the services or assistance of the experts in such manner as it may deems fit. (2) Honorarium and allowances payable to such experts for the services or assistance so rendered shall be of such an amount as may be prescribed. Chapter-III ### 16. Objective And Aims Of The Authority. (1) To Provide High Standard Of Nursing And Paramedical Education And Nursing Practice In Accordance With The Objectives As Laid Down By The Indian Nursing Council, New Delhi. (2) To provide scope for innovation and elevation of nursing and paramedical education by research and experimentation. (3) To prepare qualified paramedical staff and nursing staff with skill and ability. ### 17. Functions of Authority. (1) To co-ordinate, regulate and bring a uniform standard in para medical education and in nursing education in Karnataka subject to the guidelines of the Indian Nursing Council (INC), New Delhi. (2) To regulate admission in nursing and paramedical institutions. (3) To regulate recognition and maintenance of standards in institutions imparting nursing and paramedical education. (4) To arrange to conduct Diploma Nursing Examination and paramedical courses. (5) To conduct examinations and to issue marks cards of each years of examination and Diploma certificates to successful candidates. (6) To maintain and enhance the educational standard of schools of nursing and paramedical sciences by conducting educational programmes orientation workshops and seminars. (7) To prepare the calendar of events at the beginning of each academic year. (8) To decide and initiate disciplinary action in case of malpractices, impersonation and illegal activities in the examination. (9) To appoint the panel of examiners. (10) To appoint an Auditor for auditing the accounts and also legal adviser. (11) Selection of examination centers. ### 18. Regulation of nursing and paramedical education. (1) The Authority may, regulate nursing and para medical education at all levels in accordance with the provisions of this Act. (2) The Authority may towards that end,- (a) establish and maintain educational institutions; (b) permit any local authority or a private body of persons to establish educational institutions and maintain them according to such specifications as may be prescribed; (c) recognise educational institutions; (d) regulate the admission including the minimum or maximum number of persons to be admitted to any course in any educational institution or class of such institutions, and the minimum age for such admission; (e) prescribe the conditions for eligibility of or admissions to any educational institution or class of such institutions; (f) permit or establish institutions imparting education in nursing and para medical courses; and (g) take from time to time such other steps as they may consider necessary or expedient. ### 19. Educational institutions to be in accordance with this Act. - No educational institution shall be established or maintained otherwise than in accordance with the provisions of this Act or the rules made thereunder. ### 20. The Authority to prescribe curricula, etc. (1) Subject to such rules as may be prescribed, the Authority may, in respect of educational institutions, by order specify,- (a) the curricula, syllabi and text books for any course of instruction; (b) the duration of such course; (c) the medium of instruction; (d) the scheme of examinations and evaluation; (e) the number of working days and working hours in an academic year; (f) the rates at which tuition and other fees, building fund or other amount, by whatever name called, may be charged from students or on behalf of students; (g) the staff pattern (teaching and non-teaching) and the educational and other qualifications for different posts; (h) the facilities to be provided, such as buildings, sanitary arrangements, playground, furniture, equipment, library, teaching aid, laboratory and workshops; (i) such other matters as are considered necessary. (2) The curricula under sub-section (1) may also include schemes in respect of,- (a) moral and ethical education; (b) physical education, health education and sports; (c) socially useful productive work, work experience and social service; (d) innovative, creative and research activities; (e) promotion of national integration; and (f) promotion of civic sense. (3) The prescription under sub-section (1) may be different for the different categories of educational institutions. (4) In every recognised educational institution,- (a) the course of instruction shall conform to the curricula and other conditions prescribed under sub-section (1); and (b) no part of the working hours prescribed shall be utilised for any purpose other than instruction in accordance with the curricula. Chapter-IV Educational Authorities ### 21. Appointment of officers. (1) The Authority may appoint the Registrar and such number of officers as may be necessary to assist the Executive Director in the exercise of the powers conferred on and the performance of the functions entrusted to him by or under this Act. (2) Subject to the provisions of this Act and the general or special orders of the State Government, and the Authority made in this behalf, the Executive Director shall be the Chief Controlling Authority in all matters connected with the administration of such part of education in the State as may be allotted by the State Government by an order in this behalf. (3) All persons employed in the administration of this Act shall be subject to the superintendence, direction and control of the Authority and the officer or officers to whom each officer shall be subordinate shall be determined by the Authority. Chapter-V Recognition of Educational Institutions, Etc. ### 22. Recognition. (1) Recognition may be accorded to any educational institution registered as a society or a trust. (2) The granting of recognition shall be subject to fulfillment of the following conditions, namely:- (a) security deposit of the prescribed amount decided by the Authority shall be made within the time specified; (b) the Governing Council shall possess or be assured of adequate funds to run the institution on a stable footing; and (c) such other general or special conditions as may be prescribed in regard to accommodation, appointment of teaching and other staff, the code of conduct as prescribed by the Authority to be accepted and observed by the Governing Council, furniture and equipment, syllabi, text-books and such other matters relating thereto. (3) Any Governing Council seeking recognition or a private educational institution shall make an application to the competent authority furnishing such particulars and in such manner and accompanied by such fee as may be prescribed. (4) The competent authority after satisfying itself that the application is in accordance with the rules, may dispose the application in accordance with sub-sections (6) to (8), or if deemed necessary forward the application to the expert body for obtaining its report under clause (b) of sub-section (1) of section 23. (5) The expert body receiving the application forwarded under sub-section (4) shall return it to the competent authority along with its report within such time as may prescribed. (6) The competent authority, after considering the report, if any, received from the expert body and after holding such inspection or enquiry as it may deem necessary shall, by order, in writing,- (a) grant recognition, where the conditions for recognition applicable to such institutions are fulfilled; or (b) grant approval provisionally subject to the fulfillment of the conditions for recognition within a period specified or extended from time to time by such authority: Provided that the educational institution shall not admit any fresh batch of students during the period of such provisional approval. (7) If a period is specified or extended under sub- clause (b) of sub-section (6), the competent authority may immediately after the expiry of such period, obtain from the expert body, a report or a further report under section 23. The competent authority, after considering the report or the further report, if any, and holding such inspection or enquiry as may be deemed necessary shall, by order in writing grant recognition where all the conditions for recognition applicable to such institutions are fulfilled or for reasons to be recorded in writing, refuse recognition where such conditions are not fulfilled: Provided that recognition shall not be so refused unless the applicant is given an opportunity of being heard. (8) Every order of grant or refusal of recognition passed under this section shall be communicated to the applicant. ### 23. Expert body. (1) The Authority shall subject to such rules, as may be prescribed, constitute such number of bodies of experts as may be deemed necessary,- (a) to consider the need for providing educational facilities to the people in the locality or for the type of education; (b) to consider whether the special conditions, if any, for recognition applicable to any institution have been fulfilled by such institution; (c) to recommend to the Authority from time to time, modifications or changes in the conditions for recognition; and (d) to make recommendations to the Authority or the competent authority on such other matters as may be referred to it by the authority or competent authority. (2) The body of experts constituted under sub-section (1) shall in accordance with the rules prescribed thereunder submit its report or further report to the competent authority or the authority, as the case may be. ### 24. Recognition of existing institution, etc. (1) Notwithstanding anything contained in section 22,- (a) educational institutions established and run by the State Government or by any authority sponsored by the Central or State Government or by a local authority and approved by the competent authority in accordance with such conditions as may be prescribed shall be deemed to be educational institutions recognised under this Act; (b) all educational institutions or any local authority institutions other than those specified in clause (a) imparting education in nursing and para medical sciences, which are established and recognised in accordance with rules in force immediately before the commencement of this Act and in existence at such commencement shall be deemed to be educational institutions established and recognised under this Act, provided they comply with the provisions of this Act and the rules made thereunder within such period and in accordance with such procedure as may be prescribed. (2) Any private educational institution imparting education which is in existence at the commencement of this Act but which has not been recognised in accordance with the rules in force immediately before such commencement shall discontinue to impart education from such commencement, unless within sixty days of such commencement, an application for recognition is made, in accordance with the provisions of this Act and the rules made thereunder and every such application shall be disposed of within sixty days of its receipt by the competent authority. No person shall run any such institution after the application for recognition is rejected. ### 25. Withdrawal of recognition. (1) Where any local authority or the Governing Council of any private educational institution,- (a) ails to fulfill all or any of the conditions of recognition or fails to comply with the orders of the competent authority in regard to accommodation, equipments, syllabi, text books, appointment, punishment and dismissal of teachers; (b) denies admission to any citizen on ground of religion, race, caste, language or any of them; (c) directly or indirectly encourages in the educational institution any propaganda or practice wounding the religious feelings of any class of citizens of India or insulting religion or the religious belief of that class; (d) employs or continues to employ any teacher whose certificate has been cancelled or suspended by the competent authority after due enquiry or who has been considered by the competent authority after due enquiry to be unfit or undesirable to be a teacher or arbitrarily terminates the services of a teacher or fails to comply with the orders of the competent authority in this regard; (e) fails to remedy the defects in the instruction or accommodation or deficiencies in the management or discipline within such time as may be specified therefor by the competent authority; (f) contravenes any of the provisions of this Act, the rules and orders made thereunder, the competent authority may, for reasons to be recorded in writing, withdraw the recognition of the institution or take such other action as is deemed necessary, after giving to the local authority or as the case may be, the Governing Council an opportunity of making its representation against such withdrawal or action. (2) Where the Authority is of the opinion that the recognition granted to any local authority institution or private educational institution should, in the public interest be withdrawn, they may after giving to the local authority or as the case may be the Governing Council of the institution one month's notice to make any representation, withdraw by notification the recognition granted to the said institution. (3) Notwithstanding anything contained in any other law for the time being in force, no educational institution which has not been recognised, or the recognition of which has been withdrawn under this Act shall be entitled to,- (a) receive any grant-in-aid from the State funds or other financial assistance or other facilities from the Government; (b) send up or present candidates for examinations in courses of study conducted by the Authority. Chapter-VI Management of Recognised Private Educational Institutions and Local Authority Institutions, Etc. ### 26. Duties of management of local authority institution. (1) It shall be the duty of the management of local authority institution to comply with all the provisions of this Act and the rules or orders made thereunder. (2) Without prejudice to the generality of the fore-going provision, it shall be the duty of the management of a local authority institution,- (a) to ensure that all monies collected by or granted or allotted to the local authority by or under this Act, are expended for educational purposes; and (b) to submit every year before such date and to such authority, as may be prescribed, an annual report relating to the administration of the local authority institution and an annual budget estimate relating thereto. ### 27. Management of recognised educational institutions. (1) No recognised private educational institutions shall be managed except in conformity with the rules which the State Government or the Authority may frame for such institutions after previous publication. (2) The rules under sub-section (1) may, inter alia, include,- (a) qualification for posts of teaching and non-teaching employees; (b) the manner of recruitment of the teaching and non-teaching employees; (c) scales of pay and allowances admissible; (d) leave, pension, provident fund, insurance and such other benefits; (e) maintenance and enforcement of discipline of employees; (f) powers, functions and responsibilities of the management; (g) duties and responsibilities of the Secretary of the institution; and (h) maintenance and submission of records, accounts and other returns to the prescribed authority. (3) No private educational institution shall collect fee in excess of the amount permitted by the Authority or any fee or donation prohibited by any law. (4) The Governing Council shall have the power to appoint the head of the institution and also to take disciplinary action against him according to the prescribed rules. (5) If there is a change in the Governing Council of the institution or change in the location of the institution a fresh application for recognition shall be made as if it were a newly started institution. ### 28. Library service. - The Authority shall endeavour to make adequate provision for the establishment of school and college libraries in recognised educational institutions and provide the necessary facilities for the proper use of such libraries by the students studying in such institutions. Chapter-VII Terms and Conditions of Service of Employees in Private Educational Institutions ### 29. Qualifications, conditions of service of employees. - The Authority may after previous publication make regulations regulating the recruitment and conditions of service (including rights as regards disciplinary matters) of the employees in recognised private educational institutions: Provided that the minimum qualifications for recruitment, age of recruitment, and retirement and benefits of retirement for employees in educational institutions receiving maintenance grant from the State Government shall be the same as those applicable for the corresponding category of employees, if any, in State Institutions unless otherwise prescribed. ### 30. Appointment of employees. - No person who does not possess the requisite qualifications prescribed under section 29 shall on and from the date of commencement of this Act be appointed as an employee in a recognised private educational institution. ### 31. Schedule of employment to be maintained. (1) Every private educational institution shall maintain a Schedule of employees indicating therein the number of persons in its employment, the name and qualification of each employee, the grade of pay, mode of payment and such other particulars as may be prescribed and shall be submitted to the Authority every year before the due date prescribed by the Authority. (2) Within three months from the date of commencement of this Act and within a like period after any alteration in such schedule is made, a private educational institution shall submit a copy of the schedule or alterations made therein, as the case may be, to the Authority or such other officer as may be notified for this purpose. (3) The schedule of appointments for the time being in force shall be kept at the office of the private educational institution and shall during office hours, be open free of charge, to inspection by any employee of that private educational institution. The names and qualifications of the teaching staff shall be displayed in a prominent place in the institution. ### 32. Code of conduct. (1) Every employee of a private educational institution shall be governed by the prescribed code of conduct and if he violates any provision thereof he shall be liable for the prescribed disciplinary action. (2) The managing committee may with prior approval of the Authority or any authority authorised in this behalf by the Authority also prescribe standards of conduct to be observed by employees, provided they are not inconsistent with those prescribed under sub-section (1). Chapter-VIII Control of Private Educational Institution ### 33. Code of Conduct for Governing Council. - The Governing council of private educational institutions shall be governed by such Code of Conduct as the State Government may after previous publication prescribe. In such other matters arising under this Act and not covered by the Code of Conduct aforesaid, the Governing Council shall be governed by such Code of Conduct prepared by it with the prior approval of the State Government as is not inconsistent with the Code of Conduct prescribed by the Authority which shall be communicated to the competent authority for information. ### 34. Furnishing of list of properties. (1) Every private educational institution shall, maintain a list of the properties, both moveable and immoveable owned or possessed by it. (2) The management shall, on or before the prescribed date, furnish to the competent authority a copy of such list in the manner and form as may be prescribed. ### 35. Utilisation of Funds, etc. (1) All moneys collected, grants received and all property held by the management on behalf of a private educational institution shall be utilised for the prescribed purposes and the purposes for which they are intended and shall be accounted for by the private educational institution in such manner as may be prescribed. (2) The funds of the private educational institution shall be deposited by it in such manner as may be prescribed. ### 36. Private Institution not to be closed down, etc., without sufficient notice. (1) Save as otherwise provided in this Act, no private educational institution shall be closed down or discontinued, unless a notice of not less than one academic year and indicating the intention to do so, has been given by the Governing Council to the officer authorised by the competent authority in this behalf. (2) On the closure of a recognised private educational institution, all its properties relatable to the grant-in-aid given by the State Government as may be determined by the competent authority shall vest in the State Government. Chapter-IX Penalties ### 37. Penalty for ragging. (1) No person who is a student in an educational institution including an institution under the direct management of the University or of the Central Government shall commit ragging. (2) Any person who contravenes sub-section (1) shall on conviction be punished with imprisonment for a term which may extent to one year or with fine which may extend to two thousand rupees or with both. ### 38. Penalty for establishing unregistered educational institutions etc. - Any person, who, establishes or as the case may be, maintains or runs an educational institution in contravention of section 22 after registration is refused for such institution or withdrawn under section 25 shall on conviction, be punished with imprisonment for a term which may extend to three years but shall not be less than six months and with fine which may extend to five thousand rupees but not less than one thousand rupees. ### 39. Penalty for collecting money in contravention of section 27. - Where any educational institution is found to be collecting money in contravention of the provisions of sub-section (3) of section 27, every person, who at the time of such collection was incharge of, and shall be responsible to the institution for its management shall, on conviction, be punished with imprisonment for a term which may extend to six months and with fine which may extend to one thousand rupees. On such conviction the institution shall refund the monies so collected to the person from whom it was collected. ### 40. Penalty for contravention of code of conduct by Governing Council. - Where any Governing Council, intentionally or knowingly contravenes any code of conduct prescribed in section 33, every member thereof, shall without prejudice to any other action as may be taken under this Act and the rules made thereunder, be punished, on conviction, with fine not exceeding five hundred rupees for every such contravention. ### 41. Penalty for failure to give notice of closure of institutions. - If the Governing Council of any private educational institution fails to give the notice required under sub-section (1) of section 36 every member thereof shall on conviction be punished with simple imprisonment which may extend to two months or with fine which may extend to ten thousand rupees or with both and with fine of fifty rupees for every day's default. ### 42. Penalties not otherwise provided for. - If any person contravenes or attempts to contravene or abets the contravention of any of the provisions of this Act or rules made thereunder other than those punishable under the provisions hereinbefore contained, he shall, on conviction, be punished with fine which may extend to five hundred rupees for every such contravention and when the offence is a continuing one, with a daily fine not exceeding one hundred rupees during the period of contravention of the Act or rules. ### 43. Offences by companies. (1) Where an offence against any of the provisions of this Act or any rule made thereunder has been committed by a company, every person who, at the time the offence was committed, was in-charge of and was responsible to the company, for the conduct of 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 or that he had exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1) where any such offence 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 the 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 accordingly. Explanation: - For the purposes of this section,- (a) a company, means any body corporate and includes a trust a firm a society or other association of individuals; and (b) the director in relation to,- (i) a firm, means a partner in the firm. (ii) a society, a trust or other association of the individuals, means the person who is entrusted, under the rules of the society, trust or other association with management of the affairs of the society, trust or other association as the case may be. ### 44. Penalty for obstructing officer or other person exercising powers under this Act. - Any person who obstructs an officer prescribed by or appointed by the Authority or by the State Government in exercise of any power conferred on him or in the performance of any function entrusted to him by or under this Act or any other person lawfully assisting such officer in the exercise of such power or in the performance of such function or who fails to comply with any lawful direction made by such officer or person shall be punished with fine which may extend to two thousand rupees. ### 45. Protection. - No suit, prosecution or other legal proceeding shall lie against the State Government or the authority, officer or servant of the State Government or Authority for anything in good faith done or intended to be done under this Act or the rules made thereunder. ### 46. Investigation and cognizance of offences. - No court shall take cognizance of any offence punishable under this Act or the abetment of any such offence, save on complaint made by the competent authority or with the previous sanction of such authority. ### 47. Punishment for abatement of offences. - Whoever instigates or abets the commission of any offence punishable under this Act shall, on conviction, be punished with the punishment provided for the offence. Chapter-X Authority Fund ### 48. Fund of the Authority. (1) There shall be a fund called the Authority Fund. (2) The following shall form part of, or be paid into the Authority Fund, namely:- (i) all fees, grants, subversions, donations and gifts made by the Central Government, State Government, any local authority, any body whether incorporated or not or any persons; and (ii) all other sums received by or on behalf of the Authority from any source whatsoever; (iii) the fund of the para medical examination Board and nursing examination Board on the date of commencement of this Act. (3) Except as otherwise directed by the State Government all money credited to the Fund shall be invested in any Scheduled bank. (4) The administrative expenses to the Authority including the salaries, allowances and pensions payable to the Executive Director and other officers and employees of the Authority shall be defrayed out of the Fund of the Authority. ### 49. Allocation for project and programme. - The State Government may keeping in view the project and programmes of the Authority, make financial allocations to the Authority in the annual Budget of the State. ### 50. Grant by State Government. - Only when the Authority is not able to generate its own fund then the Government can make grant to the Authority. ### 51. Accounts and audit. (1) Accounts of the income and expenditure of the Authority Fund shall be kept in accordance with such rules as may be prescribed. (2) The Authority shall prepare an annual statement of accounts in such form as may be prescribed. (3) The accounts of the Authority shall be audited at least once in three years by such auditor as the State Government may appoint. (4) The auditor shall for the purposes of the audit, have access to all the accounts and other records of the Authority. (5) The Authority shall pay from its fund such charges for the audit as may be prescribed. (6) As soon as may be after the receipt of the report of the auditor, the Authority shall send a copy of the annual statement of accounts, together with a copy of the report of the auditor to the State Government and shall cause to be published the annual statement of accounts in such manner as may be prescribed. (7) The State Government may after perusal of the report of the auditor give such directions as it thinks fit to the Authority and the Authority shall comply with such directions. Chapter-XI Miscellaneous ### 52. Report. - The Authority shall before such dates, in such form and at such interval as may be prescribed submit the prescribed report to the State Government. ### 53. Budget of the Authority. - The Authority shall prepare every year before such date and in such form as may be prescribed a budget estimate of its income and expenditure for the financial year to commence on the first day of April next following and shall forward it to the State Government. ### 54. Appeals. - Save as otherwise provided in this Act, any person or Governing Council, aggrieved by an order passed by an officer or authority under this Act may within the prescribed period prefer an appeal to the Minister incharge of Medical Education. ### 55. Revision by the State Government. (1) The State Government may either suo motu or on an application from any person interested, call for and examine the record of an educational institution or of any authority, officer or person in respect of any administrative or quasi-judicial decision or order, not being a proceeding in respect of which a reference to an arbitrator or an appeal to the High Court is provided, to satisfy themselves as to the regularity, correctness, legality or propriety of any decision or order passed therein, and if, in any case it appears to the State Government that any such decision or order should be modified, annulled or reversed or remitted for reconsideration, they may pass order accordingly: Provided that the State Government shall not pass any order adversely affecting any party unless such party has had an opportunity of making a representation. (2) The State Government may stay the execution of any such decision or order pending the exercise of powers under sub-section (1) in respect thereof. (3) Every application preferred under sub-section (1) shall be made within such time and in such manner and accompanied by such fees as may be prescribed. ### 56. Review. (1) The State Government or the Executive Director may suo motu at any time or on an application received from any person interested within ninety days of the passing of any order under the provisions of this Act review any such order, if it was passed by them or him under any mistake, whether of fact or of law, or in ignorance of any material fact. (2) The provisions contained in the proviso to sub-section (1) and in sub-sections (2) and (3) of section 55 shall, so far may be, apply in respect of any proceeding under this section as they apply to a proceeding under sub-section (1) of that section. ### 57. Powers of Government to give directions. (1) The State Government may, subject to other provisions of this Act, by order, direct the Authority or the Director or any other officer not below the rank of the Registrar to make an enquiry or to take appropriate proceeding under this Act in respect of any matter specified in the said order and the Director or the other officer, as the case may be, shall report to the State Government in due course the result of the enquiry made or the proceeding taken by him. (2) The State Government may give such directions to any educational institution as in its opinion are necessary or expedient for carrying out the purposes of this Act or to give effect to any of the provisions contained therein or of any rules or orders made thereunder and the Governing Council, as the case may be, of such institution shall comply with every such direction. (3) The State Government may also give such directions to the officers or authorities under its control as in its opinion are necessary or expedient for carrying out the purposes of this Act, and it shall be the duty of such officer or authority to comply with such directions. ### 58. Power to enter and inspect. (1) Every officer not below such rank as may be prescribed, shall subject to such conditions as may be prescribed, be competent to enter at any time during the normal working hours of an educational institution, any premises of any such institution within his jurisdiction and to inspect any record, register or other documents or any movable or immovable property relating to such institution for the purpose of exercising his powers and performing his functions under this Act. (2) Any officer authorized by the Authority in this behalf, may at any time during the normal working hours of any educational institution enter such institution or any premises thereof or any premises belonging to the Governing Council of such institution, if he has reason to believe that there is or has been any contravention of the provisions of this Act and search and inspect any record, accounts, register or other document belonging to such institution or of the Governing Council, in so far as any such record, accounts, register or other document relates to such institution and seize any such records, accounts register or other documents for the purpose of ascertaining whether there is or has been any such contravention. (3) In order to secure proper and effective utilisation of the finances or resources or other assets of any educational institution in existence at the commencement of this Act it shall be competent for the State Government after the recommendation by the Authority to invoke the provisions of sub-section (2) and ascertain such finances, resources and assets of any institution and after such ascertainment to give such directions to the Governing Council as they deem fit. (4) The provisions of Criminal Procedure Code, 1973 (Central Act 2 of 1974 ) relating to searches and seizure shall apply, so far as may be to searches and seizures under sub-section (2) . ### 59. Power to make rules. (1) The State Government may, after previous publication by notification make rules to carry out the purposes of this Act. (2) Every rule made under this Act shall be laid as soon as may be after it is made before each House of the State Legislature while it is in session for a total period of thirty days, which may be comprised in one session or in two or more successive sessions and if, before the expiry of the session in which it is so laid or the session immediately following both Houses agree in making any modification in the rule or decide that any 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. ### 60. Power of Authority to make regulations. - The Authority may subject to the provisions of this Act and the rules made under section 59 and with the previous sanction of the State Government, by notification, make regulations to carry-out the purposes of this Act. ### 61. Transitory provisions. - Any rule, notification, order or appointment, made or issued under the Karnataka Nurses, Midwives and Health Visitors Act, 1961 (Karnataka Act 4 of 1962 ) or otherwise providing for or relating to any of the matters for the furtherance of which this Act is an enacted, before the commencement of this Act and in force on the date of commencement of this Act, to the extent they are not inconsistent with the provisions of this Act, shall continue to be in force and effective as if they are made or issued or appointed under the corresponding provisions of this Act unless and until superseded by anything done or any Act action taken or any rule, notification, order or appointment made under this Act. ### 62. Amendment of Karnataka Act 4 of 1962 . - Sections 23 and 24 of the Karnataka Nurses, Midwives and Health Visitors Act, 1961 (Karnataka Act 4 of 1962 ) shall be omitted. The above translation of PÀ£ÁðlPÀ £À¹ðAUï ªÀÄvÀÄÛ CgɪÉÊzÀåQÃAiÀÄ «eÁÕ£ÀUÀ¼À ²PÀët (¤AiÀÄAvÀæt) ¥Áæ¢üPÁgÀ, C¢ü¤AiÀĪÀÄ

65b9369bab84c7eca86e89d2

acts

State of Odisha - Act ----------------------- The Orissa Building and Others Construction Workers (Regulation of Employment and Conditions of Service) Rules, 2002 ---------------------------------------------------------------------------------------------------------------------- ODISHA India The Orissa Building and Others Construction Workers (Regulation of Employment and Conditions of Service) Rules, 2002 ====================================================================================================================== Rule THE-ORISSA-BUILDING-AND-OTHERS-CONSTRUCTION-WORKERS-REGULATION-OF-EMPLOYMENT-AND-CONDITIONS-OF-SERVICE-RULES-2002 of 2002 -------------------------------------------------------------------------------------------------------------------------------- * Published on 2 August 2002 * Commenced on 2 August 2002 The Orissa Building and Others Construction Workers (Regulation of Employment and Conditions of Service) Rules, 2002 Published vide Notification No. S.R.O. No.703/2002, dated 2nd August 2002, Orissa Gazette Extraordinary 1324 dated 21.08.2002 S.R.O. No.703/2002. - In exercise of the powers conferred by Section 62 read with Section 40 of the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 (27 of 1996), the State Government after consultation with the expert committee do hereby make the following rules, namely:- Part I – Chapter I -------------------- ### 1. Short title application and extent. (1) These rules may be called as the Orissa Building and Others Construction Workers (Regulation of Employment and Conditions of Service) Rules, 2002. (2) They shall apply to the Building and Other Construction Workers relating to any establishment in relation to which the State Government of Orissa is the appropriate Government. (3) They shall come into force on the date of their publication in the Orissa Gazette. ### 2. Definition. - In these rules, unless the context otherwise requires- (a) "Act" means the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996; (b) "Access" or "agrees" means passage ways, corridors, stairs, platforms, ladders and other means to be used by a building worker for normally entering or leaving the work place or for escaping in case of danger; (c) "Approved" means acceptance in writing of the Chief Inspector for the inspection of building and other construction or by the State Government, as the case may be; (d) "Base plate" means a plate for distributing the load from a standard in the case of metal scaffolds; (e) "Bay" in relation to scaffolds, means that portion of the scaffold between horizontal or vertical supports whether standards or supports from which the portion is suspended, which are adjacent longitudinally; (f) "Brace" means a member incorporated diagonally in a scaffold for stability; (g) "Bulkhead" means an airtight structure separating the working chamber from free air or from another chamber under a lower pressure than the working pressure; (h) "Ciasson" means an air and watertight chamber in which it is possible for means to work under air pressure greater than atmospheric pressure at sea level to excavate material below water level; (i) "Cofferdam" means a structure constructed entirely or in part below water level or below the level of the water table in the ground and intended to provide a place for work that is free of water; (j) "Competent person" means a person so approved by the State Government in respect of each category of test; (k) "Compressed air" means air mechanically raised to a pressure higher than atmospheric pressure at sea level; (l) "Construction site" means any site at which any of the processes or operations, related to building or other construction work, are carried on; (m) "Conveyor" means a mechanical device used in building or other construction work transport of building material, articles or packages or solid bulk from one point to another point; (n) "Danger" means danger of accident or of injury to health; (o) "Decanting" means the rapid decompression of persons in a man-lock to atmospheric pressure at sea level followed promptly by their recompression in a decant lock, where they are then decompressed according to the appropriate decompression table in accordance with approved decompression procedures; (p) "Demolition work" means the work incidental to or connected with the total or partial dismantling or razing of a building or a structure other than a building and includes the removing or dismantling of machines or other equipment; (q) "Excavation" means the removal of earth, rock or other material in connection with construction or demolition work; (r) "False works" means the structural support and bracing for form works or forms; (s) "Flash point" means the minimum liquid temperature at which a spark or flame causes an instantaneous flash in the vapour space above the liquid; (t) "Frame or modular scaffold" means a scattold manufactured in such a way that the zeometry of the scaffold is pre-determined and the relative spacing of the principal members are fixed; (u) "Guard rail" means a horizontal rail secured to uprights and erected along the exposed sides of scaffolds, floor openings, runways and gangways to prevent persons from falling; (v) "Hazard" means danger or potential danger. (w) "Hazardous substance" means any substance which due to its explosiveness, inflammability, radio-activity, toxic or corrosive properties or other similar characteristics may- i. cause injury, or ii. affect adversely the human system; or iii. cause loss of life or damage to property on work-environment, while handling, transporting or storing and classified as such under the national standards or in case such national standards, do not exist to the generally accepted international standards; (x) "High pressure" air means air used to supply were to pneumatic tools and devices; (y) "Independent tied scaffold" means a scaffold, the working platform of which is supported from the base by two or more rows of standards which apart from the necessary ties stands completely free of the building; (z) "Ledger" means a member spanning horizontally and tying scaffolding longitudinally and which acts as support for putlogs or transoms; (za) "Lifting appliance" means a crane, hoist, derrick, which ginpole, sheer legs, jack, pulley block or other equipment used for lifting materials, objects or building worker; (zb) "Lifting gear" means ropes, chains, hooks, slings and other accessories of a "lifting appliance"; (zc) "lock attendant" means the person in charge of a man lock or medical lock and who is immediately responsible for controlling the compression, recompression or decompression of persons in such lock; (zd) "Low pressure air" means air supplied to pressurise working chambers and man-locks and medical locks; (ze) "Magazine" means a place in which explosive are stored or kept, whether above or below ground; (zf) "Man-lock" means any lock, other than a medical lock, used for the compression or decompression of persons entering or leaving a working chamber; (zg) "Material hoist" means a power or manually operated and suspended platform or bucket operating in guide rails and used for raising or lowering materials exclusively and operated and controlled from a point outside the conveyance; (zh) "Materials lock" means a chamber through which materials and equipment pass from one air pressure environment into another, (zi) "Medical lock" means a double compartment lock used for the therapeutic recompression and decompression of persons suffering from the ill effects of decompression; (zj) "National standards" means standards as approved by Bureau of Indian Standards and in the absence of such standards of Bureau of Indian Standards, the standards approved by the Central Government for specific purpose; (zk) "Outrigger" means a structure projecting beyond the facade of a building with the inner end being anchored and includes a cantilever or other support; (zl) "Plant or equipment" includes any plant, equipment, gear,machine apparatus or appliance or any part thereof; (zm) "Pressure" means air pressure in bars atmospheric pressure; (zn) "Pressure Plant" means the pressure vessel along with its piping and other fittings operated at a pressure greater than the atmospheric pressure; (zo) "Putlog" means a horizontal member on which the board, plank or decking of a working platform are laid; (zp) "Responsible person" means a person appointed by the employer to be responsible for the performance of specific duty or duties and who has sufficient knowledge and experience and the requisite authority for the proper performance of such duty or duties; (zq) "Reveal tie" means the assembly of a tie tube and fittings used for tightening a tube between two opposite surfaces; (zr) "Right angle coupler" means a coupler other than a swivel or putlog coupler used for connecting tubes at right angles; (zs) "Rock bolt" means a mechanical expansion bolt or a boltused with cementitious or resin anchoring system which is set in drilled hole in the arch or wall of a tunnel to improve rock competency; (zt) "Roofing bracket" means a bracket used in slopped roof construction and having sharp points or other means for fastening to prevent slipping; (zu) "Safety screens" means an air and water tight diaphram placed across the upper part of a compressed air tunnel between the face and bulk head, in order to prevent flooding the crown of the tunnel between the safety screen and the bulkhead to provide a safe means of refuge and exit from a flooding or flood tunnel; (zv) "Safe working load" in relation to an article of lifting gear or lifting appliance means the load which is the maximum load that may be imposed on such article or appliances with safety in the normal working conditions as assessed and certified by a competent person; (zw) "Scaffold" means any temporarily provided structure on or from which building workers perform working connection with building or other construction work to which these rule supply, and any temporarily provided structure which enable building workers to obtain access to or which enables materials to be taken to any place at which such work is performed, and includes any working platform, gangway, run, ladder or step ladder.(other than a ladder or step-ladder which does not form part of such structure) together with any guard rail, to be board, or other safeguards and all fixings, but does not include lifting appliance or a lifting machine or a structure used merely to support such an appliance or such a machine or to support other plant or equipment; (zx) "Schedule" means a schedule appended to these rules; (zy) "Segment" includes a case iron or precast concrete segmented structure formed to the curvature of the tunnel cross section and used to support the ground surrounding the tunnel. (zz) "Service shaft" means a shaft for the passage of building workers or materials to or from a tunnel under construction; (zza) "Shaft" means an excavation having a longitudinal axis at an angle greater than forty five degrees from the horizontal; i. for the passage of building workers or materials to or from a tunnel; or ii. leading to an existing tunnel; (zzb) "Shield" means a movable frame which supports the working face of a tunnel and the ground immediately behind it and includes equipment designed to excavate and support the excavated areas in a tunnel; (zzc) "Sole plate" means a member used to distribute the load from the base plate or the standard or wooden scaffolds to the supporting surface; (zzd) "Sound or good construction" means materials of a quality conforming to the relevant national standards or in case such national standard do not exist, to other generally accepted international engineering standards or code of practices; (zze) "Sound or good material" means materials of a quality conforming to the relevant national standards or in case such national standard do not exist, to other generally accepted, international engineering standards or code of practices; (zzf) "Standard" means a member used a vertical support or column in the construction of scaffolds which transmits a load to the ground or to the solid construction; (zzg) "Standard safe operating practices" means the practice followed in building and other construction activities for the safety and health of workers and safe operation of machineries and equipment used in such activities and such practices conforms to all or any of the following namely i. relevant standards approved by Bureau of Indian Standards; ii. National building code; iii. Manufacturer's instructions on safe use of equipment and machinery; iv. Code of practice on safety and health in construction industry published by International Labour Organisation and amended from time to time; (zzh) "Steel rib" includes all steel beams and other structural members shape to conform to the requirements of a particular tunnel cross Section, used for the purpose of supporting and stabilizing the excavated areas; (zzi) "suspended scaffold" means a scaffold suspended by means of ropes or chains and capable of being raised or lowered but does not include a boatswain's chair or similar appliance; (zzj) "testing establishment" means an establishment with testing and examination facilities, as approved by the State Government for carrying out testing, examination annealing, or similar other test or certification of lifting appliances or lifting gear or wire rope as required under these rules; (zzk) "tie" means an assembly used to connect a scaffold to a rigid anchorage; (zzl) "toe board" means a member fastened above a working platform, access landing access way, wheel barrow run, ramp or other platform to prevent building workers and materials falling there from. (zzm) "transom" means a member placed horizontally and used to tie transversely one ledger to another, or one standard to another in an independent tie scaffold; (zzn) "trestle scaffold" includes a scaffold in which the supports for the platform are any of the following which are self-supporting, namely; i. split heads ii. folding; iii. step-ladder; iv. tripods or v. movable contrivances similar to any of the foregoing; (zzo) "tubular scaffold" means a scaffold constructed from and couplers; (zzp) "tunnel" means a subterranean area passage made by excavating beneath the over-burden into which a building worker enters or is required to enter to work; (zzq) "underground" means any space within the confines of a shaft, tunnel, caisson or cofferdam; (zzr) "vehicle" means a vehicle propelled or driven by mechanical or electrical power and includes a trailer, traction engine, tractor. Road-building machine and transport equipment; (zzs) "working chamber" means the part of the construction site where work in a compressed air environment is carried out, but does not include a man-lock or medical lock; (zzt) "working platform" means a platform which is used to support building workers or materials and includes a working stage; (zzu) "working pressure" means pressure, in a working chamber, to which building worker is exposed; (zzv) "workplace" means all places where building workers are required to be present or to go for work and which are under the control of an employer; The words and expressions used but not defined in these rules shall have the same meaning as assigned to them in the Act. Chapter-II Responsibilities and Duties of Employers, Architects, Project Engineers and Designers, Building Workers Etc. ### 3. Duties and Responsibilities of employers, employees and others. (1) It shall be the duty of every employer who erects or alters any scaffold to comply with such requirements of the provision of these rules as relate to the erection or alteration of scaffolds having regard to the purpose of purposes for which the scaffold is designed at the time of erection or alteration, and such employer, who erects installs, works or uses any plant or equipment to which any of the provisions of these rules apply, shall erect install, work or use such plant or equipment in a manner which complies with those provisions. (2) Where a contractor who is undertaking any of the operations or works to which these rules apply, appoints any artisan, tradesman or other person to perform any work or services of the contractor to comply with such of the requirements of these rules as affect that artisan, tradesman or other person and for this purpose any reference in these rules to an employee shall include a reference to such artisan, tradesman or other person and the contractor shall be deemed to be his employer; (3) It shall be the duty of every employee to comply with the requirements of such of those rules as are related to the performance of or the refraining from an act by him and co-operate in carrying out these rules. (4) It shall be the duty of every employer to do anything not in accordance with the generally accepted principles of standard safe operating practices connected with building and other construction work as specified by the State Government. (5) No employee shall do anything which is not in accordance with the generally accepted principles of standard safe operating practices connected with building and other construction work as specified by the State Government. (6) No person related with any building and other construction work shall willfully do any act which may cause injury to himself or to others. (7) It shall be the duty of every employer not to allow lifting appliance, lifting gear, lifting device, transport equipment, vehicles or any other device or equipment to be used by the building workers which does not comply with the provisions of these rules. (8) It shall be the duty of the employer to maintain the latrines, urinals washing facilities and canteen in a clean and hygienic condition. The canteen shall be located in a place away from the latrines and urinals and polluted atmosphere and at the same time be easily accessible to the building workers. (9) It shall be the duty of the employer to abide by the dates fixed and notified by him for payment of wages for a period in accordance with these rules and no change in such dates and such period shall be effected without notice to the building workers and the Inspector. The employer shall ensure timely payment of wages as specified under these rules and at a place and time notified by him. Where the employer is a contractor, he shall ensure that the wages of building workers are paid in the presence of a representative of the employer of establishment or owner of premises from whom he has taken the work on contract and obtain signatures of such representative in token of having witnessed the payment of wages. (10) It shall be the duty of the employer to ensure that the lifting appliance, lifting gear, earth moving equipment, transport equipment or vehicles used in the building or other construction work undertaken by him conforms to the requirements relating to testing, examination and inspection of the equipment as provided in these rules. It shall be the duty of every person in the service of the government relating to him as given in these rules. ### 4. Responsibilities of project engineers and designers. (1) It shall be the duty of the project engineer or designer responsible for design of any project or part thereof or any building or other construction work to ensure that, at the planning stage, due consideration is given to the safety and health aspects of the building workers who are employed in the erection, operation and execution of such projects and structures as the case may be. (2) Adequate case shall be taken by the project engineer and other professionals involved in the project, not to include anything in the design which would involve the use of dangerous structures or other processes or materials, hazardous to health or safety of building workers during the course of erection, operation and execution as the case may be. (3) It shall be the duty of the professionals involved in designing the building, structures or other construction projects, to take into account the safety aspects associated with the maintenance and upkeep of the structures and buildings where maintenance and upkeep may involve special hazards. ### 5. Responsibilities of the person in the service of the State Government and the Board. - It shall be the duty of every person in the service of the State Government or of a Board to comply with the direction given by the Central Government from time to time to carrying into execution in that State the provisions of the Act and these rules. ### 6. Duties and Responsibilities of workers. (1) It shall be the duty of every building worker to comply with the requirements of such of these rules as relate to him, and act and cooperate in carrying out the requirements of these rules and if he discovers any defects in the lifting appliance, lifting gear, lifting device, concerning any transport equipment or other equipment, to report such defects without unreasonable delay to his employer or foreman or other person in authority. (2) No building worker, shall unless duly authorised or except in case of necessity, remove or interfere with any fencing, gangway, gear, ladder, hatch covering, lifesaving appliances lighting or other things whatsoever required by the Act and these rules to be provided. If any of aforesaid things is removed, such thing shall be restored at the end of the period during which its removal was necessary, by the persons engaged in that work. (3) Every building, worker shall use only means of access provided in accordance with these rules and no person shall authorise or order another to use means of access other than such means of access. (4) It shall be the duty of a building worker to keep the latrines, urinals, washing points, canteen and other facilities provided by the employer for securing his welfare in a clean and hygienic condition. ### 7. Exemption. - The State Government may, by order in writing and subject to such conditions and for such period, as may be specified therein, exempt from all or any of the requirements of these rules to- (a) any building or other construction work, if Government is satisfied that such building work is confined to such workers, where it is not convenient to take measure as provided in these rules, or (b) any appliance, gear, equipment, vehicle or other device if such Government is satisfied that the requirement of such appliance, gear, equipment, vehicle or other device is not necessary for use or equally effective measures are taken in lieu thereof. Provided that such Government shall not grant exemption under these rules unless it is satisfied that such exemption would not adversely affect the safety, health and welfare of building workers. Part-II State Advisory Committee, Registration of Establishments Chapter-III State Advisory Committee ### 8. Construction of State Building and other Construction. - Workers Advisory Committee - The State Building and other Construction Workers' Advisory Committee (hereinafter referred to as the State Advisory Committee) shall consist of- (a) A chairperson to be appointed by the State Government. (b) Two members of the State Legislature - Members. (c) A member to be nominated by the Central Government. (d) Labour Commissioner, Orissa - Member, Ex-Officio. (e) Two persons to be nominated by the State Government representing the building workers- one shall be woman - Members; (f) Two persons to be nominated by the State Government representing the employers connected with the building and other construction work - Members; (g) Three persons to be nominated by the State Government representing one each from Association of Architects, Engineers, Accident Insurance Institution - Members. ### 9. Term of Office. (1) The Chairperson and other members of the State Advisory Committee as provided under clauses (a), (e), (f) and (g) of rule 8 shall hold office as such during the pleasure of the Governor. (2) Each member referred to in clause (b) of rule 8 shall hold office for three years' or till he remains a member of the State Assembly whichever is earlier. (3) Each of the members referred to in clause (a), (e), (f) and (g) of rule 8 shall hold office as such for a prod of three years commencing from the date from which this appointment is first, notified in the official Gazette: Provided that if the successor of any such member has not been notified in the Official Gazette on or before the expiry of the said period of three years, such member shall, notwithstanding the expiry of the period of this officer continue to hold such office until the appointment of his successor has been notified in the Official Gazette. (4) If a member is unable to attend a meeting of the Board, the State Government or the body which appointed or nominated him may by notice in writing signed on its behalf and by such member and addressed to the Chairman of the Board nominate a substitute in his place to attend the meeting and such a substitute member shall have all the rights of member in respect of that meeting and any decision taken at the meeting shall be binding on the said body. (5) The State Advisory Committee shall be reconstituted after every three years. ### 10. Resignations. - A member of the State Advisory Committee not being an ex-officio member may resign his office by a letter signed by him and address to the Government. His office shall fall vacant on the date on which such resignation is accepted. ### 11. Cessation of Membership. - If any member of the Committee not being an ex-officio members, fails to attend three consecutive meetings of the Committee without obtaining the leave of the Chairman of such absence, he shall cease to be a member of the committee. Provided that the Government may, if it is satisfied that such member was prevented by sufficient cause from attending three consecutive meetings of the Committee, direct that such cessation shall not take place and on such a section being made, such member shall continue to be a member of the Committee. ### 12. Disqualification of Membership. - A person shall be disqualified for being appointed and for being a member of the Committee, if, in the opinion of the Government, (i) he is of unsound mind and stands so declared by a competent Court, or (ii) he is an un-discharged insolvent; or (iii) he has been or is convicted of an offence which, in the opinion of the Government involves moral turpitude. ### 13. Removal from Membership. - The Government may remove from office any member of the Committee if in its opinion such a member has ceased to represent the interest which he purports to represent on the committee: Provided that no such member shall be removed unless a reasonable opportunity is given to him of making any representation against the proposed action. ### 14. Manner of filling vacancies. (1) When a vacancy occurs or is likely to occur in the membership of the Committee the Chairman shall submit a report to the Government and on receipt of such report the Government shall take steps to fill the vacancy by making an appointment from amongst the category of persons to which the person vacating membership belonged and the person so appointed shall hold office for the reminder of the term of office of the member in whose place he is appointed. (2) If any vacancy occurs in the membership of the Committee by reasons of death or resignation by a member, it shall be filled by the Government by making an appointment from amongst the category of persons to which the deceased or the resigned member, as the case may be, belonged and the person so appointed shall hold office for the reminder of the term of office of the member in whose place he is appointed. ### 15. Staff of the State Advisory Committee. (1) (i) The State Government may appoint an officer not above the rank of Joint Commissioner of Labour as Secretary to the State Advisory Committee and appoint such other staff being in the service of the State Government, as it may think necessary, to enable such committee to carry out its functions. (ii) The pay and allowances of such staff shall be at par with the State Government Employees. (2) The Secretary of the State Advisory Committee- (i) shall assist the Chairperson of such committee in convening meetings of the Committee; (ii) may attend the meetings of such committee but shall not be entitled to vote at such meeting; (iii) shall keep a record of the minutes of the meetings of such committee, and (iv) shall take necessary measures to carry out the decisions taken at the meetings of such committee. ### 16. Allowances of Members. (1) The T.A. and D.A. of an official member, shall be governed by rules applicable to him for journey performed by him on official duties and shall be paid by the authority paying his salary. (2) Each non-official member of the Committee shall be entitled to draw T.A. and D.A. for any journey performed by him in connection with the performance of his duties, at the rates admissible to non-official member of first class Government Committee under A.P.T.A. Rule. ### 17. Disposal of Business. - Every question which the committee is required to take into consideration shall be considered at a meeting, or, if the Chairman so desired by sending the necessary papers to every member for his opinion, and the question shall be disposed off in accordance with the decision of the majority: Provided in case of equality of votes, the Chairperson shall have a second or a casting vote. Explanation:- "Chairperson" for the purposes of this rule shall include Chairperson nominated under rule 18 to preside over meeting. ### 18. Meetings. (1) The Committee shall meet at such places and times as may be specified by the Chairperson. The Chairperson shall preside over every meeting of the Committee at which he is present and in his absence, nominate a member of Committee to preside over such meeting in his place and in the absence of such nomination by the Chairperson the members of such committee present in such meeting may chose from amongst themselves a member to preside over such a meeting. ### 19. Notice of Meeting and list of Business. (1) Ordinarily, 15 days notice shall be given to the members of a proposed meeting. Provided that a Chairperson of such Committee, if he is satisfied that it is expedient to do so, may give notice of longer period for such meeting which shall not exceed one month. (2) No business which is not on the list of business shall be considered at the meeting without the permission of the Chairperson of the Committee. ### 20. Quorum. - No business shall be transacted at any meeting unless at least five members are present in that meeting, which shall include at least one member of the legislature. Provided that in any meeting of such Committee less than five members are present, the Chairperson of such Committee may adjourn the meeting to another date informing member present and giving notice to the other members that he proposes to dispose off the business at the adjourned meeting whether there is prescribed quorum or not, and it shall thereupon be lawful for him to dispose of the business at the adjourned meeting irrespective of the number of members attending. Chapter-IV Registration of Establishments ### 21. Manner of making application for registration of Establishment. (1) The application referred to in Sub-section (1) of Section 7 of the Act shall be made In triplicate in Form-I annexed to these rules to registering officer of the area appointed under Section 6 of the Act in which the building or other construction work is to be carried on by the establishment. (2) Every application referred to in Sub-rule (1) shall be accompanied by demand draft showing payment of the fees for the registration of the establishment. (3) Every application referred to in sub-rule (1) shall be either personally delivered to the registering officer or be sent to him by registered post. (4) On receipt of the application referred to in sub-rule(1), the registering officer shall, after noting thereon the date of receipt by him of the application, grant an acknowledgement to the applicant. ### 22. Grant of Certificate of Registration. (1) The Registering Officer, after receiving application under sub-rule (1) of rule 21 shall register the establishment and issue a certificate of registration to the applicant within fifteen days of receipt of application if such applicant has complied with all the requirement as laid down in these rules and has made the application within such period as specified under clause (a) and clause (b) of Subsection (1) of Section 7 of the Act. The certificate of registration to be granted by the registering officer shall be in Form-II annexed to these rules. (2) The registering Officer shall maintain a register in Form-III annexed o these rules showing the particulars of establishments in relation to which certificate of registration have been issued to them. (3) If, in relation to an establishment, any change occurs in the ownership or management or other particulars specified in the certificate of registration, the employer of the establishment shall intimate the registering officer, within thirty days from the date when such change takes place, the date and particulars of such change, and the reasons thereof. ### 23. Payment of additional fees and amendment of register etc. (1) Where on receipt of the intimation under sub-rule(3) of rule 22, the registering officer is satisfied that an amount higher than the amount, which has been paid by the employer as fees for the registration of the establishment is payable, he shall require such employer to pay additional sums which, together with the amount already paid by such employer, would be equal to such higher amount of fees payable for the registration of the establishment. (2) Where on receipt of the intimation referred to in rule 22, the registering officer is satisfied that there has occurred a change in the particulars of the establishment entered in the register in Form-II he shall amend the said register and record thereon the change which has occurred. Provided that the registering officer shall not carry out any amendment in the register in Form-III unless the appropriate fees have been deposited b^ the employer. ### 24. Conditions of Registration. (1) Every certificate of registration issued under rule 22 shall be subject to the following conditions, namely; (a) the certificate of registration shall be on-transferable; (b) the number of workmen employed as building workers in an establishment shall not, on any day, exceed the maximum number specified in the certificate of registration; and (c) save as provided in these rules, the fees paid for the grant of registration certificate shall be non-refundable. (2) The employer shall intimate the change, if any, in the number of workmen or the conditions of work to the registering office within fifteen days. (3) The employer shall, before thirty days of the commencement and completion of any building or other construction work, submit a written notice to the Inspector, having jurisdiction in the area where the proposed building or other construction work is to be executed, intimating the actual date of the commencement or as the case may be, completion of such building or other construction work in Form-IV annexed to these rules. (4) The certificate of registration of an establishment shall be valid only for such building and other construction work carried out by such establishment, for which intimation required under sub-rule (3) has been given. (5) A copy of the certificate of registration shall be displayed at the conspicuous place at the premises where the building and other construction work is being carried on. ### 25. The fees to be paid for the grant of a certificate of registration shall be as specified below, namely: If the number of workers proposed to be employed as building workers, for a building or other construction work on one day; | | | | | --- | --- | --- | | (a) | is upto 100 | Rs. 100.00 | | (b) | Exceeds 100 but does not exceed 500 | Rs. 500.00 | | (c) | Exceeds 500 | Rs. 1000.00 | Chapter-V Appeals, Copies of Orders, Payment of Fees Etc. ### 26. Filing of appeal before the appellate Officer. (1) Every appeal under Sub-section (1) of Section 9 of the Act shall be preferred in the form of a memorandum signed by the aggrieved person or his authorised advocate and presented to the appellate officer in person or sent to him by registered post. (2) The memorandum shall be accompanied by a certified copy of he order appealed, against and a demand draft for rupees one hundred. (3) The memorandum shall set forth concisely and under distinct heads the grounds of appeal. (4) Where the memorandum of appeal does not comply with the provisions of sub-rule (2) and sub-rule (3) it may be returned to appellant for the purpose of being amended within a time to be fixed by the appellate officer which shall not exceed thirty days from the date on which the order appealed against has been communicated to the appellant. (5) Where the memorandum of appeal is in order, the appellate officer shall admit the appeal, endorse thereon the date of hearing of such appeal, and shall register the appeal in a book to be kept for the purpose called the register of appeals. (6) (i) When the appeal has been admitted, under sub-rule (5) the appellate officer Shall send the notice of the appeal to the registering officer against whose order the appeal has been preferred and the registering officer shall thereupon send the record of the case to the appellate officer. (ii) On receipt of the record,the appellate officer shall send a notice to the appellant to appear before him at such date and time as may be specified in the notice for the hearing of the appeal. ### 27. Failure to appear on the date of hearing. - If on the date fixed for hearing, the appellant does not appear the appellate officer may dismiss the appeal for default of appearance of the appellant. ### 28. Restoration of appeals. - Where an appeal has been dismissed under rule 27, the appellant may apply to the appellate officer for the restoration of the appeal and if the appellate officer is satisfied that the appellant was prevented by sufficient cause from appearing, the appellate officer shall restore the appeal on its original number: Provided that an application for restoration under this rule shall not be entertained by the appellate officer after thirty days from the date of such dismissal. ### 29. Hearing of appeal. (1) If the appellant is present when the appeal is called on for the hearing, the appellate officer shall proceed to hear the appellant or his authorised advocate and pass an order on the appeal, either confirming, reversing or varying the order of appeal against. (2) The order of the appellate officer shall state the points for determination, the decisions thereon and reasons for such decision. (3) The order shall be communicated to the appellant and copy thereof shall be send to the registering officer against whose order the appeal has been preferred. ### 30. Copy of order of registration or of order in appeal. - Copy of the order of the registered officer or of the appellate officer may be obtained by the person concerned or a person authorised by him on payment of fees of rupees fifty for each order on making application to the registering officer or the appellate officer, as the case may be, specifying the date and other particulars of the order made by the officer concerned. A copy of the certificate of registration on loss or mutilation of such certificate may also be obtained in the like manner and on payment of like fees. ### 31. Payment of Fees. (1) All amounts of money payable on account of registration, appeal, supply of copies or duplicate certificate of registration shall be paid through a crossed demand draft in favour of the registering officer and appellate officer, as the case may be, and made payable at this branch of the bank specified by the State Government from time to time at the headquarters of the concerned registering officer or appellate officer. (2) The registering officer of the appellate officer,as the case may be, on receipt of the demand draft under sub-rule (1) shall arrange to deposit the amount in the appropriate account in the Bank specified by the State Government from time to time, in the relevant head of account. Part-III Safety and Health Chapter-VI General Provisions ### 32. Excessive noise, vibration etc. - An employer shall ensure at a construction site of a building or other construction work that adequate measures are taken to protect building workers against the harmful effects or excessive noise or vibration at such construction site and the noise level in no case exceed the limits laid down in Schedule-VI. ### 33. Fire Protection. - An employer shall ensure at a construction site of a building or other construction work that,- (a) such construction site is provided with- (i) fire extinguishing equipment sufficient to extinguish any probable fire at such construction site, (ii) an adequate water supply at ample pressure as per national standard; (iii) number of trained persons required to operate the fire extinguishing equipment provided under Sub-clause(i); (b) fire extinguishing equipment provided under sub clause (i) of clause (a) is properly maintained and inspected at regular intervals of not less than once in a year by the responsible person and a record of such inspections is maintained. (c) in case of every launch or boat or other craft used for transport of building workers and the cabin of every lifting appliance including mobile crane, adequate number of portable fire extinguishing equipment of suitable type shall be provided at each of such launch or boat or craft or lifting appliance. ### 34. Emergency. - An employer shall ensure at a construction site of building or other construction work that in case more than five hundred building workers are employed at such construction site emergency action plan to handle emergencies like- (a) fire and explosion, (b) collapse or lifting appliances and transport equipment, (c) collapse of building, sheds or structures etc., (d) gas leakage or spilage of dangerous goods or chemicals, (e) drowning of building workers, sinking of vessels; and (f) landslides getting building worker burried, floods, storms and other natural calamities, is prepared and submitted for the approval of the Chief Inspector. ### 35. Fencing of motors etc. - An employer shall ensure at a construction site of building or other construction work that- (a) all motors, cogwheels, chains and friction gearing, flywheels, shafting, dangerous and moving parts of machinery (whether or not driven by mechanical power) and stream pipes are securely fenced or legged; (b) the fencing of dangerous parts of machinery is not removed while such machinery is in motion or in use; (c) no part of any machinery which is in notion and which is not securely fenced is examined, lubricated, adjusted or repaired except by a person skilled for such examination, lubrication, adjustment or repairs; (d) machine parts are cleaned when such machine is stopped; (e) when a machine is stopped for servicing or repairs, adequate measures are taken to ensure that such machine does not restart inadvertently. ### 36. Lifting & Carrying of Excessive Weight. - An employer shall ensure at a construction site of a building or other construction work that- (a) No building worker lifts by hand or carries overhead or over his back or shoulders any material, article, tool or appliances exceeding in weight the maximum limits set out in the following table; | | | | --- | --- | | Person | Max Weight Load | | Adult man | 55 Kg | | Adult woman | 30 Kg | | Adolescent-male | 30 Kg | | Adolescent-female | 20 Kg | | Unless aided by any other building worker or a mechanical device. | (b) No building worker aided by other building workers, lift by hand or carry overhead or over their back or shoulders, any material, article, tool or appliance exceeding in weight the sum total of maximum limits set out for each building worker separately under clause (a), unless aided by a mechanical device. ### 37. Health and safety policy. (1) (a) Every establishment employing fifty or more building workers shall prepare a written statement of policy in respect of safety and health of building workers and submit the same for the approval of the Chief Inspector. (b) the policy referred to in clause (a) shall contain the following, namely :- i. the intentions and commitments of the establishment regarding health, safety and environmental protection of building workers. ii. organizational arrangements made to carry out the policy referred to in clause (a) specifying the responsibility at different levels of hierarchy; iii. responsibilities of the principal employer, contractor, sub-contractor, transporter or other agencies involved in the building or other construction work; iv. techniques and methods for assessment of risk to safety, health and environment and remedial measure thereof; v. arrangements for training of building workers, trainers, supervisors or other persons engaged in the construction work; vi. other arrangements for making the policy referred to in clause (a) , effective; (c) the intention and commitment referred to in sub-clause (a) of sub-rule (1), signed by an authorized signatory shall be sent to the State Government. (2) A copy of the policy referred to in clause (a) of sub-rule (1), signed by an authorized signatory shall be sent to the State Government for information. (3) The establishment shall revise the policy referred to in clause (a) of sub-rule (1) as often as necessary under the following circumstances, namely :- i. whenever any expansion or modification having implication on I safety and health of the building workers is made in such building or other construction work; or ii. whenever any new building or other construction work, substances, articles or techniques are introduced having implication on health and safety of building workers. (4) A copy of the policy referred to in sub-clause (a) of sub-rule (1) shall be displayed at the conspicuous places in Hindi and a local language understood by the majority of building workers at a construction site. ### 38. Dangerous and harmful environment. - An employer shall ensure at a construction site of a building or other construction work that- a. when an internal combustion engine exhausts into a confined space or excavation or tunnel or any other work place where neither natural ventilation nor artificial ventilation system is adequate to keep the carbon monoxide content of the atmosphere below fifty parts per million, adequate and suitable measure are taken at such work place in order to avoid exposure of building workers to health hazards. b. No building worker is allowed to enter any confined space or tank or trench or excavation wherein there is given off any dust, flames or other impurities of such nature and to such extent as is likely to be injurious or offensive to the building worker or in which explosives, poisonous, noxious or gaseous material or other harmful articles have been carried or stored or in which dry ice has been used as a refrigerant, or which has been fumigated or in which there is a possibility of oxygen deficiency, unless all practical steps have been taken to remove such dust, flames or other impurities and dangers which may be present and to prevent any further ingress thereof, and such work place or tank or trench or excavation is certified by the responsible person to be safe and fit for the entry of such building workers. ### 39. Overhead protection. (1) The employer shall ensure at the building or other construction work that overhead protection is erected along the periphery of every building under construction which shall be of fifteen meters or more in height when completed. (2) Overhead protection referred to in sub-rule(1) shall not be less than two meters wide and shall be erected at height not more than five meters above the base of the building and the outer edge of such overhead protection shall be one hundred fifty millimeters higher than the inner edge thereof and shall be erected at an angle not more than twenty degree to its horizontal sloping into the building. (3) The employer shall ensure at the building and other construction work that any area exposed to risk of falling material, articles or objects is roped off or cordoned off or to otherwise suitably guarded from inadvertent entry of persons other than building workers at work in such area. ### 40. Slipping, tripping, cutting, drowning and falling hazards. (1) All passage ways, platforms and other places of construction work at the building or other construction work shall be kept by the employer free from accumulations of dust, debris or similar material and from other obstructions that may cause tripping. (2) Any sharp projections or protruding nails or similar projections which may cause any cutting hazard to a building worker at the building or other construction work shall be removed or otherwise made safe by taking suitable measures by the employer. (3) No employer shall allow any building worker at building or other construction work to use the passageway or a scaffold, platform or any other elevated working surface which is in a slippery and dangerous condition and shall ensure that water, grease, oil or other similar substances which may cause the surface slippery, be removed or sanded, saw dusted or covered with suitable material to make it safe from slipping hazard at a building or other construction work. (4) Wherever building workers at a building or other construction work are exposed to the hazard of falling into water, they shall be provided by the employer with adequate equipment for saving themselves from drowning and recovering from such hazard and if the Chief Inspector considers necessary, well equipped boat or launch manned with trained personnel shall be provided by the employer at the site of such work. (5) Every open side or opening into or through which a building worker, vehicle or lifting appliance or other equipments may fall at a building or other construction work shall be covered or guarded suitably by the employer to prevent such fall except where free access is necessary by reasons of the nature of the work. (6) Wherever building workers at a building or other construction work are exposed to the hazards of falling from height while employed on such work, they shall be provided by the employer with adequate equipment or means for saving them from such hazards. Such equipment or means shall be in accordance with the national standards. (7) Whenever there is a possibility of falling of any material, equipment or building worker at a construction site relating to a building or other construction work, adequate and suitable safety net shall be provided by employer in accordance with the national standards. ### 41. Dust, Gases, Fumes etc. - An employer shall prevent concentration of dust, gases or fumes by providing suitable means to control their concentration within the permissible limit so that they may not cause injury or pose health hazard to a building worker at a building or other construction work. ### 42. Corrosive Substance. - The employer shall ensure that corrosive substances including alkalis and acids shall be stored and used by a person dealing with such substances at a building or other construction work in such a manner that it does not endanger the building worker and suitable protective equipment shall be provided by the employer to a building worker during handling or use of such substances at a building or other construction work and in case of spillage of such substances on the building worker, immediate remedial measures shall be taken by the employer. ### 43. Eye Protection. - Suitable personal protective equipment for the protection of eyes shall be provided by an employer and used by the building worker engaged in operations like wielding, cutting, chipping, grinding or similar operations which may cause hazard to its eyes at a building or other construction work. ### 44. Head protection and other protective apparel. - i. Every building worker required to pass through or work within the areas at building or other construction work where there is hazard of his being struck by falling objects or materials shall be provided by the employer with safety helmets of type and tested in accordance with the national standards. ii. Every building worker required to work in water or in wet concrete or in other similar work at a building or other construction work shall be provided with sustainable water-proof boots by the employer. iii. Every building worker required to work in rain or in similar wet condition at building or other construction work, shall be provided with water-proof coat with hat by the employer. iv. Every building worker required to use or handle alkalis, acid or other similar corrosive substances at a building or other construction work shall be provided with appropriate protective equipment by an employer in accordance with the national standards. vi. Every building worker engaged in handling sharp objects or materials at a building or other construction work which may cause hand injury shall be provided with suitable hand-gloves by the employer, in accordance with the national standards. ### 45. Electrical Hazards. - Before commencement of any building or other construction work, the employer shall take adequate measures to prevent any worker from coming into physical contact with any electrical equipment or apparatus,machines or live electrical circuit which may cause electrical hazard during the course of his employment at a building or other construction work. (2) The employer shall display and maintain suitable warning signs at conspicuous places at a building or other construction work in Hindi and in a local language understood by the majority of the building workers. (3) In workplaces at a building or other construction work where the exact location of underground electric power line is not known, the building workers using jack hammers, crow bars or other hand-tools which may come in contact with a live electrical line, shall be provided by the employer with insulated protective gloves and foot-wear of the type in accordance with the national standards. (4) The employer shall ensure that, as far as practicable, no wiring, which may come in contact with water or which may be mechanically damaged, is left on ground or floor, at a building or other construction work. (5) The employer shall ensure that all electrical appliances and current carrying equipment used at a building or other construction work are made of sound material and are properly and adequately earthed. (6) The employer shall ensure that all temporary electrical installations at a building or other construction work are provided with earth-leakage circuit breakers. (7) The employer shall ensure that all electrical installations at a building or other construction work comply with the requirements of any law for the time being in force. ### 46. Vehicle Traffic. (1) Whenever any building or other construction work is being carried on, or is located in close proximity to a road or any other place where any vehicular traffic may cause danger to building workers, the employer shall ensure that such building or other construction work is barricaded and suitable warning signs and lights displayed or erected to prevent such danger and if necessary, he may make a request in writing to the concerned authorities to control such traffic. (2) The employer shall ensure that all vehicles used at construction site of a building or other construction work comply with the requirements of the Motor Vehicles Act, 1988 (59 of 1988) and the rules made there under. (3) The employer shall ensure that a driver of a vehicle of any class or description operating at a construction site of a building or other construction work holds a valid driving license under the Motor Vehicles Act, 1988 (59 of 1988). ### 47. Stability of structures. - The employer shall ensure that no wall, chimney or other structure or part of a structure is left unguarded in such condition that it may fall, collapse or weaken due to wind pressure, vibration or due to any other reason at a site of a building or other construction work. ### 48. Illumination of passage ways etc. - The employer shall ensure that illumination sufficient for maintaining safe working conditions at a site of a building or other construction work is provided where building workers are required to work or pass and for passageway, stairways and landing such illumination is not less than that provided in the relevant national standards. ### 49. Stacking of materials. - The employer shall ensure, at a construction site of a building or other construction work that- a. all building materials are stored or stacked in a safe and orderly manner to avoid obstruction of any passageways or place of work. b. materials piles are stored or stacked in such a manner as to ensure stability. c. material or equipment is not stored upon any floor or platform in such quantity as to exceed its safe carrying capacity; d. material or equipment is not stored or placed so close to any edge of a floor or platform as to endanger the safety of persons below or working in the vicinity. ### 50. Disposal of debris. - The employer shall ensure at a construction site of a building or other construction work that- a. debris are handled and disposed of by a method which does not cause danger to the safety of a person. b. debris are not allowed to accumulate so as to constitute hazard. c. debris are kept sufficiently most to bring down the dust within the permissible limit; d. debris are not thrown inside or outside from any height of such building or other construction work. e. on completion of work, left over building material, article or other substance or debris are disposed of as soon as possible to avoid any hazard to any traffic or person. ### 51. Numbering and Marking of Floors. - The employer shall ensure that each floor or level of a building or other construction work is appropriate numbered or marked at the landing of such floor or level. ### 52. Use of Safety Helmets and Shoes. - The employer shall ensure that all persons who are performing any work or services at a building or other construction work, wear safety shoes and helmets conforming to the national standards. Chapter-VII Lifting Appliances and Gear ### 53. Construction and Maintenance of Lifting Appliances. - The employer shall ensure at a construction site of a building or other construction work that- (a) all lifting appliances, including their parts and working gear, whether fixed or movable and any plant or gear used in anchoring or fixing of such appliances, are- (i) of sound construction, sound material and of adequate strength to serve the purpose for which these are to be used and all such appliances shall be free from patent defects; and (ii) maintained in good repair and working condition; (b) every lifting appliance is provided with adequate and efficient brakes which- (i) are capable of preventing fall of a suspended load (including any test load) and of effectively controlling such load while it is being lowered; (ii) act without shock; (iii) have shoes that can be easily removed for running; and (iv) are provided with simple and easily accessible means of adjustments: Provided that nothing contained in this clause shall apply to steam winch which can be operated as safely as with brakes as provided in accordance with this clause. (c) controls of every lifting appliance (i) are so situated that the driver of such appliance at his stand or seat has ample room for operating and has an unrestricted view of building or other construction work, as far as practicable, and that he remains clear of the load and ropes, and that no load passes over him; (ii) are positioned with due regard to ergonometric considerations for proper operation of such appliance; (iii) are so located that the driver of such appliance remains above the height of the heel block during the whole operation of such appliance; (iv) have upon them or adjacent to them clear makings to indicate their purpose and mode of operations; (v) are provided, wherever necessary, with a suitable locking device to prevent accident movement or displacement. (vi) move as far as practicable, in the direction of the resultant load movement; and (vii) wherever automatic brakes are provided, automatically come to the neutral position in case of power failure. ### 54. Test and Periodical Examination of Lifting Appliances. - The employer shall ensure at construction site of a building or other construction work that, (a) all lifting appliances including all parts and gears thereof, whether fixed or movable, are tested and examined by a competent person before being taken into use for the first time or after it has undergone any alternations or repairs liable to affect its strength or stability or after erection on a construction site and also once at least in every five years, in the manner specified in Schedule-1. (b) all lifting appliances are thoroughly examined by a competent person once at least in every twelve months and where the competent person making such examination forms the opinion that the lifting appliance cannot continue to function safely, he shall forthwith give notice in writing of his opinion to the owner of the lifting appliance; Explanation - For the purpose of this rule, thorough examination means a visual examination, supplemented, if necessary, by other means such as hammer test, carried out as carefully as the conditions permit, in order to arrive at a reliable conclusion as to the safety of the parts examined;and; if necessary, for such examination, parts of the lifting appliance and gear, shall be dismantled. ### 55. Automatic Safe load Indicators. (a) The employer shall ensure at a construction site of a building or other construction work that- (i) every crane, is so constructed that the safe working load may be raising or lowering of the jib or otherwise, is attached with an automatic indicator or safe working loads which gives a warning to the operator wherever the load exceeds the safe working load; (ii) cut-outs is provided which automatically arrests the movements of the lifting parts of every crane if the load exceeds the safe working load, wherever possible. (b) The provisions of sub-clause (i) of clause (a) apply, except where it is not possible an automatic safe load indicator, in which case, provision of a table showing the safe working loads at the corresponding inclinations or radii of the jib on the crane shall be considered sufficient. ### 56. Installation. - The employer shall ensure at a construction site of a building or other construction work that- (a) fixed lifting appliances are installed- (i) by competent persons; (ii) in a manner that such appliances cannot be displaced by the load: vibration or other influences; (iii) in a manner that the operator of such appliances is not exposed to danger from loads, ropes or drums; and (iv) in a manner that the operator can either see over the zone of operation or communicate with all loading and unloading points by signal, or other communication system; (b) adequate clearance is provided between parts or loads of lifting appliances and- (i) the fixed objects such as walls and posts; or (ii) electrical conductors; (c) the lifting appliances, when exposed to wind loading are given sufficient additional strength, stability and rigidity to withstand such loading safely; (d) no structural alterations or repairs are made on any part of the lifting appliances that affect the safety of such appliances without obtaining the opinion of the competent person to this effect. ### 57. Winches (a) The employer shall ensure at a construction site of building or other construction work that- (i) winches are not used if control levers operate with excessive friction or play; (ii) double gear winches are not used unless a positive means of locking the gear shift is provided; (iii) there is no load other than the fall and the hook assembly on the winch while changing gears on a two gear winch; (iv) adequate protection is provided to winch operator against abnormal weather, (v) temporary seats or shelters for winch operators which may pose hazard to the winch operator or any other building workers are not allowed to be used; (vi) control levers are secured in the neutral position and, whenever possible, the power is shut off whenever winches are left unattended. (b) in use of every steam winch- (i) measures are taken to prevent escaping steam from obscuring any part of the construction site or other work place or from otherwise hindering or injuring any building worker; (ii) extension control levers which tend to fall of their own weight are counter balanced; (iii) winch operators are not permitted to use the winch control extension levers except for short handles on wheel type controls and that such levers are of adequate strength, secure and fastened with metal connections at the fulcrum and at the permanent control lever; (c) electric winches are not used for building work where- (i) the electric magnetic brake is unable to hold the load; or (ii) one or more control points, either hoisting or lowering, are not operating properly. ### 58. Buckets. - The employer shall ensure at a construction site of a building or other construction work that tie-up buckets are equipped with a device that effectively prevents accidental tipping. ### 59. Identification and marking of safe working load. - The employer shall ensure at a construction site of a building or other construction work that- (a) every lifting appliance and loose gear is clearly marked for its safe working load and identification by stamping or other suitable means; (b) (i) every derrick (other than derrick crane) is clearly marked for its safe working load when such derrick is used either in single purchase with a lower block or in union, purchases in all possible block positions. (ii) the lowest angle to the horizontal, to which the derrick may be used,is legibly marked; (c) every lifting appliance having more than one working load is fitted with effective means to enable the operator to determine safe working load at each point under all conditions of use; (d) means to ascertain the safe working load for lifting gears under such conditions in which such gears may be used are provided to enable a worker using gears and such means shall consist of- (i) marking the safe working load in plain figures or letters upon the sling or upon a table or ring of durable material attached securely thereto in case of chain slings; and (ii) either the means specified in sub-clause (i) or notices so exhibited as can be easily read by any concerned bulking worker stating the safe working load for the various sizes of the wire rope slings used in case of wire rope slings. ### 60. Loading and Lifting Appliances and Lifting Gears. - The employer shall ensure at a construction site of a building or other construction work that- (a) no lifting appliance, lifting gear or wire rope is used in an unsafe way and in such a manner as to involve risk to life of building workers, and that they are not loaded beyond their safe working load except for testing purposes under the direction of a component person in the manner as specified in Schedule-1. (b) no lifting appliance, lifting gear or any other material handling appliances is used, if- (i) the inspector having jurisdiction is not satisfied with reference to a certificate of test or examination or to an authenticated record maintained as provided under these rules; and (ii) in view of such inspector, the lifting appliance, lifting gear or any other material handling appliance is not safe for use in building or other construction work; (c) no pulley block is used in building or other construction work unless the safe working load and its definition are clearly marked on such block. ### 61. Operators cab or cabin. - The employer shall ensure at a construction site of a building or other construction work that- (a) the operator of every lifting machine in outdoor service is provided with a cab or cabin which - (i) is made of fire resistant material; (ii) has a suitable seat, a foot rest and protection from vibration; (iii) affords the operator an adequate view of the area of operation; (iv) affords the necessary access to working parts in cab, (v) affords the operator adequate protection against the weather; (vi) is adequately ventilated; and (vii) is provided with a suitable fire extinguisher. ### 62. Operation of Lifting Appliances. - The employer shall ensure at a construction site of a building or other construction work that- (a) every crane driver or lifting operator possess adequate skill and training in the operation of the particular lifting appliance. (b) no person under eighteen years of age is in control of any lifting appliance, scaffold winch or to give signals to the operator; (c) precaution is taken by the trained operator to prevent lifting appliance from being set in motion; (d) the operation of lifting appliance is governed by signals, in conformity with relevant national standards; (e) the lifting appliance operator's attention is not distracted while he is working; (f) no crane, hoist, winch or other lifting appliance or any part of such crane, hoist, winch or other lifting appliance is, except for testing purposes, loaded beyond the safe working load; (g) during the hoisting operations effective preoccupation is taken to prevent any person from standing or passing under the load in such operations; (h) operator does not leave lifting appliance unattended while power is on or load is suspended to such appliance; (i) no person rides on a suspended load or on any lifting appliance; (j) every part of a load in course of being hoisted or lowered is adequately suspended and supported to prevent danger; (k) every receptacle used for hoisting bricks, tiles, slates or other materials is suitably enclosed as to prevent the fall of any such materials; (l) the hoisting platform is enclosed when loose materials or loaded wheel-barrows are placed directly on such platform or lowering, such materials or wheel-barrows; (m) no material is raised, lowered or slowed with any lifting appliance in such a way as to cause sudden jerks to such appliance; (n) in hoisting a barrow, any wheel of such barrow is not used as a means of support unless adequate steps are taken to prevent the axle of such wheel from slipping out of its bearings; (o) long objects like planks or girders are provided with a tag line to prevent any possibility of danger while raising or lowering such objects. (p) during the process of the landing of the material, a building worker is not permitted to lean out into empty space for finding out the loading and unloading of such material; (q) the hoisting of loads at places where there is regular flow of traffic is carried out in an enclosed space, or in case such hoisting is impracticable in enclosed space, measures are taken to hold up or divert the traffic during the time of such hoisting; (r) adequate steps are taken to prevent a load, in the course of being hoisted or lowered from coming into contact with any object to avoid any displacement of such load. (s) appliances are provided and used for guiding heavy loads when raising or lowering heavy loads to avoid crushing of hands of building workers during such raising or lowering of loads; ### 63. Hoists. - The employer shall ensure at a construction site of a building or other construction work that- (a) hoists are designed according to relevant national standards; (b) hoist shafts are provided with rigid panels or other adequate fencing; (i) at the ground level on all sides of such shafts; and (ii) at all other levels on all sides of the access to such shafts; (c) the walls of hoist shafts, except at approaches, extend at least two meters above the floor or platform of access to such shafts; (d) approaches to a hoist are provided with gates which are- (i) gridded to maintain visibility; (ii) at least of two meters height; and (iii) equipped with a device which requires such gate to be closed before the platform of such hoist can leave the landing and prevents the gate from being opened unless such platform, is at the landing; (e) approaches to a hoist are adequately lit; (f) the guides of hoist platforms offer sufficient resistance to bind and, to bucking in the case of jamming, by providing safety catch, (g) overhead beams and their supports are capable of holding the total maximum live and dead loads that such beams and supports will be required to carry, with a safety factor of at least five; (h) a clear space is provided (i) above the highest stopping place of a cage or platform to allow sufficient unobstructed travel of such cage or platform in case of overwinding; and (ii) below the lowest stopping place of such cage or platform; (i) adequate covering is provided above the top of hoist shafts to prevent materials from falling into such shafts; (j) outdoor hoist towers are erected on adequately firm foundations and are securely braced, guyed and anchored; (k) a ladderway extends from the bottom to the top of every outdoor hoist tower in case no other ladderway exists within easy reach and such ladderway comply with the relevant national standards; (l) the rated capacity of a hoisting engine is atleast one and half times the maximum load that such engine will be required to move; (m) all gearing on a hoisting engine is securely enclosed; (n) steam piping of a hoisting engine is adequately protected against accidental contact of such piping with a building worker; (o) electrical equipment of a hoisting engine is effectively earthed; (p) a hoist if provided with suitable devices to stop a hoisting engine as soon as the platform of such hoist reached its highest stopping place; (q) a hoisting engine is protected by a suitable cover against weather and falling objects; (r) a hoisting engine set up in a public through fare is completely enclosed. (s) all exhaust steam pipes discharge steam in such a manner that the steam so discharged does not scold any person or obstruct the operator's view; (t) the motion of a hoist is not reversed without first bringing it to rest to avoid any harm from such reverse motion; (u) a hoist, not designed for the conveyance of persons, is not set in motion from the platform of such hoists; (v) pawls and ratchet wheels of a hoist,requiring disengagement of such pawls from such ratchet wheels before the platform of such hoist is lowered, are not used; (w) a platform of a hoist is capable of supporting such maximum load, that such platform may carry with a safety factor of at least three; (x) a platform of a hoist is equipped with suitable safety gear which can hold such platform with its maximum load in case its hoisting rope breaks; (y) on platform of a hoist, the wheelbarrows or trucks are efficiently blocked in a safe position; (z) a cage of a hoist or a platform, where the building workers are required to enter into such cage or to go on such platform at landing level is provided with locking arrangement to prevent such cage or platform from moving during the time a worker enters or leaves such cage or platform; (za) the sides of a platform of a hoist which are not used for loading or unloading, are provided with toe-board and enclosures of a wire mesh or any other suitable means to prevent the fall of any part of a load from such platform; (i) a conspicuous place of the platforms of a hoist and that such notice states the maximum capacity of such hoist in kilograms; (ii) a conspicuous place on the hoisting engine and that such notice states maximum lifting capacity of such hoist in kilograms; (iii) a conspicuous place on a hoist authorised and certified for the conveyance of the person on the platform or cage and such notice states the maximum number of persons to be carried on such hoist at one time; (iv) a conspicuous place on a hoist carrying goods and other materials and such notice states that such hoist is not meant for carriage of persons. (zb) a platform of a hoist which has any probability of falling and part of load from it, is provided with an adequate covering with such fall; (zc) the counter-weights of a hoist consisting of an assemblage of several parts are so constructed that such parts are rigidly connected together; (zd) the counter-weights of a hoist run between guides; (ze) at every level of work the building workers are provided with adequate platforms for performing such work; (zf) a legible notice in Hindi as well as in local languages is displayed at ### 64. Fencing of and means of access to lifting appliances. - The employer shall ensure at a construction site of a building or other or other construction work that- (a) safe means of access is provided to every person of the lifting appliance; (b) the operator's platform on every crane or tip driven by mechanical power is securely fenced and is provided with safe means of access and where access to such platform is by a ladder- (i) the sides of which extend to a reasonable height beyond such platforms or some other suitable handhold is provided in lieu thereof to prevent any falling of persons from such platforms; the handling place on such platform is maintained free from obstruction and slipping; and (ii) in case the height of such ladder exceeds six meters, the resting platform are provided on such ladder at every six meters of its height and where the distance between last platform so provided and the top end of such ladder is more than two meters then on such top end; ### 65. Rigging of derricks. - The employer shall ensure at a construction site of a building or other construction work that every derrick has current and relevant rigging plans and any other information necessary for the safe rigging of such derricks and its gear. ### 66. Securing of derrick foot. - The employer shall ensure at a construction site of a building or other constriction work that appropriate measures are taken to prevent the foot of a derrick being lifted out of is socket or support. ### 67. Construction and maintenance of lifting gear. - The employer shall ensure at a construction of a building or other construction work that- (a) every lifting gear is (i) of good design and construction, sound material and adequate strength to perform the work which it is fused; (ii) free from patent defects; and t (iii) properly maintained in good repair and working order; (b) components of the loose gear, at the time of its use, are renewed if one of its dimension at any point has decreased by ten percent or more by user. (c) a chain withdrawn from use when it is stretched and increased in length which exceeds five percent of its length or when a link of such chain is deformed or is otherwise damaged or faised scrafs of defective welds is appeared on it; (d) rings, hooks swivels and end links attached to a chain are of the same material as that of such chain; (e) the voltage of electric supply of any magnetic lifting device does not fluctuate by more than plus ten percent or minus ten percent; ### 68. Test and periodical examination of lifting gears. (a) A lifting gear is initially tested for the manufacturer by a competent person, in a manner specified in Schedule-1 before taking into use or after undergoing any substantive altercations which renders its any part liable to affect its safety and such gear alters such test shall subsequently be retested for the use of its owner at least once in every five years. (b) A lifting gear in use is thoroughly examined once at least in every twelve months by a competent person; (c) A chain in use is thoroughly examined once at least every month by a responsible person for its use; (d) Certificates of initial and periodical tests and examinations of loose gears under these rules are obtained in Form-VII annexed to these rules; ### 69. Ropes. (1) The employer shall ensure at a construction site of a building or other construction work that- (a) no rope is used for building or other construction work unless- (i) it is of good quality and free from patent defects; and (ii) in the case of wire ropes.it has been tested and examined by a competent person in the manner specified in Schedule-I; (b) Every wire rope of lifting appliance or lifting gear used for building or other construction work is inspected by responsible persons for such use, once at least in every three months; Provided that after any such wire is broken in such rope.it shall thereafter be inspected once at least in every month by the responsible person; (c) no wire rope is used for building or other construction work if in any length of eight diameters of such wires, the total number of visible broken wires exceed ten percent of the total number of wires in such rope, or such rope shows sign of excessive wear, corrosion or other defects which in the opinion of the person who inspects it or Inspector, having jurisdiction is unfit for use; (d) eye splices and loops of ropes for the attachment of hooks rings and other such parts to wire ropes are made with suitable thimble; (2) A thimble or loop splice made in any wire rope sling conforms to the following standards, namely; - (i) Wire rope sling shall have at least three trucks with full stand or rope and two tucks with one-half of the wires cut out of each of such stand in all cases, such stands shall be tucked against the lay of the rope; (ii) Protruding ends of such stands in any splice of wire rope slings shall be covered or treated so as to leave no sharp points; (iii) A fibre rope or a rope sling shall have at least four trucks; tail of such tuck being whipped in a suitable manner; and (iv) A synthetic fibre rope or rope sling shall have at least four tucks with full strand followed by further tuck with one-half filaments cut out of each of such strand and final tuck with one-half of the remaining filaments cut out from such strands. Any portion of the splices containing such tucks, with reduced number of filaments, shall be securely covered with suitable tape or other material: Provided that nothing contained in this sub-clause shall apply where any other form of splice which maybe shown to be as efficient as the splice with above standards, is used. ### 70. Heat treatment of lifting gears. - The employer shall ensure at a construction site of a building or other construction work that- (a) all chains other than bridle chains attached to derricks and all rings, hooks, shackles and swivels used in hoisting or lowering of such derricks are effectively annealed under supervision of a competent person and at the following intervals namely :- (i) Such chains, rings, hooks, shackles an swivels which are not more than twelve and a half millimeter of length are so annealed at least once in every six months; and (ii) All other such chains, rings, hooks, shackles and swivels are so annealed at least once in every twelve months; Provided that such annealing as referred to in sub-clause (i) and sub-clause (ii) shall not be required if the inspector, having jurisdiction, after obtaining the approval of the Chief Inspector, directs that such chains, rings, hooks, shackles and swivels undergo some other treatment and in such cases the treatment directed by such inspector shall be followed : Provided further that in case of such chains, rings, hooks, shackles and swivels used solely on such derricks and other hoisting appliances which are worked by hand, the provisions of sub-clause (i) and sub-clause (ii), as the case may be, shall apply as if for the period of six months and twelve months the period of twelve months and two years have respectively been substituted therein: Provided also that in case where the Inspector, having jurisdiction is of the opinion that owing to the size, design material or frequency of use, of any such chains, rings, hooks, shackles and swivels, the requirement of this clause for annealing is not necessary for the protection of the building worker, he may after obtaining the approval of the Chief Inspector, certify in writing to such employer that subject to the conditions specified in such certification, such chains, rings, hooks shackles an swivels are exempt from such annealing and thereafter the provision of this clause shall apply subject to such exemption: Provided also that this clause shall not apply to- (i) Pitched chains, working on sprocket or sprocketed wheels; (ii) Rings, hooks and swivels permanently attached to pitched chains, pulley blocks or weighing machines etc. and (iii) Hooks and swivels having ball bearings or other case hardened parts; (b) a chain or a loose gear made of high tensile steel or alloy steel is plainly marked with a mark indicating that it is so made; (c) no chain or loose gear made of high tensile steel or alloy steel is subjected to any form of heat treatment except where such treatment is necessary for the purpose of repair of such chain or loose gear and that such repair is made under the direction of the competent person; (d) that the wrought iron gear, the past history of which is not traceable, is suspected of being heat treated at incorrect temperature, is normalized before using it on any building or other construction work. ### 71. Certificate to be issued after actual testing and examination etc. - The employer shall ensure at a construction site of a building or other construction work that a competent person issues a certificate for the purpose of rule 54, rule 60, rule 69 and rule 70 only after actual testing or, as the case may be, examination of the apparatus specified in the said rules. ### 72. Register of periodical test examination and certificates thereof. - The employer shall ensure at a construction site of a building or other construction work that- (a) a register in Form XXVI, annexed to these rules is maintained and particulars of such test and examination of lifting appliances, lifting gears and heat treatment as required under rule 54, rule 60 and rule 70 are entered in such register; (b) certificate in respect of each of the following is obtained from competent person in the Form as mentioned below, namely :- (i) In case of initial and periodical test and examination under rule 54 and rule 69 for- (a) winches, derricks and their accessory gears in Form V annexed to these rules. (b) cranes or hoists and their accessory gears in Form VI annexed to these rules. (ii) In case of test, examination and re-examination of loose gears under clause (d) of rule 68 in Form VII annexed to these rules; (iii) In case of test and examination of wire ropes under rule 60 in Form VII annexed to these rules; (iv) In case of heat treatment and examination of loose gears under rule 70 in Form IX; (v) In case of annual thorough examination of the loose gears under clause (b) of rule 68 except where required particulars of such exemption have been enclosed in the register referred to in clause (a), in Form XXVI annexed to these rules,and such certificates are attached the register to in clause (a); (c) the register referred to in clause (a) and the certificates relate to lifting appliances, loose gear and wire ropes is; (i) kept at such construction site in case such register and certificate relate to lifting appliances, loose gear and wire ropes; (ii) produced on demand before an Inspector having jurisdiction; and (iii) retained for at least five years after the date of the last entry made in such register; (d) no lifting appliance or lifting gear in respect of which an entry is required to be made in register referred to in clause (a) and certificate of test and examination are required to be attached in such register in the manner as specified in clause (a) or clause (b), as the case may be, is used for building or other construction work unless the required entries have been made in such register and certificates. ### 73. Vacuum and magnetic lifting gear. - The employer shall ensure at a construction site of a building or other construction work that - (a) no vacuum lifting gear, magnetic lifting gear or any other lifting gear where the load on it is held by adhesive power, is used while workers are performing operations beneath such gear; (b) a magnetic lifting gear in connection with building or other construction work is provided with an alternative supply of power, such as batteries, which may come into operation immediately in the event of failure of the main power supply; (c) no building worker shall work within the swinging zone of the lifting gear or load or building or other construction material suspended to such lifting gear; ### 74. Knotting of chains and wire ropes. - The employer shall ensure at a construction site of a building or other construction work that no chain or wire rope with a knot in it is used in building or other construction work. ### 75. Carrying of persons by means of lifting appliances etc. (1) The employer shall ensure at a construction site of a building or other construction work that no building worker is raised, lowered or carried by a power driven lifting appliance except- (a) on the driver's platform in the cage of a crane; or (b) on a hoist; or (c) on an approved suspended scaffold: Provided that a building worker may be raised, lowered or carried by a power driven lifting appliance- (i) in circumstances where the use of a hoist or of a suspended scaffold is not reasonably practicable and the requirements of sub-rule (2) are complied with; or (ii) on a serial cableway or aerial ropeway in case where the requirements of sub-rule (2) are complied with. (2) The requirements referred to in provision to sub-rule (1) are as below, namely :- (i) That the appliance referred to in such proviso can be operated from one position only; (ii) That any winch used in connection with the appliance referred to in such proviso comply with the requirements of rule 57; (iii) That no person shall be carried by the appliance referred to in such proviso except - (a) in a chair or cage; or (b) in a skip or other receptacle at least three feet deep which is suitable for safe carriage of a person and any such chair, cage, skip or other receptacle is made of good construction, sound material, and has adequate strength and is properly maintained with suitable means to prevent any occupant therein from falling out of it and is free from any material or tools which may interfere with the handhold or foothold of such occupant or otherwise endanger him; and (iv) That suitable measures shall be taken to prevent the chair, cage, skip or other receptacle from spinning or tripping in a manner dangerous to the occupant therein. ### 76. Hoists carrying persons. - The employer shall ensure at a construction site of a building or other construction work that- (a) no building worker is carried by a hoist unless it is provided with a cage which- (i) is so constructed as to prevent, when its gates are shut, any building worker carried by such hoist from falling out of it or from being trapped between any part of such cage and any fixed structure or other moving part of such hoist or from being struck by articles or materials falling down the hoist way on which such hoist is moving; and (ii) is fitted on each of its side from which, access is provided to a landing place with a gate which has efficient inter locking or other devices to secure so that such gate can not be opened except when such cage is at a landing place and that such cage can not be moved away from any such place until such gate is closed. (iii) every gate in the hoist way enclosure of such hoist used for carrying persons, is fitted with efficient inter locking or other devices to secure so that gate can not be opened except when the cage of such gate is at the landing place, and that such cage can not be moved away from the landing place until such gate is closed. (iv) every hoist used for carrying building workers these are provided suitable and efficient automatic devices to ensure that the cage of such hoist comes to rest at a point above the lowest point to which such cage may travel. ### 77. Attachment of loads. - The employer shall ensure at a construction site of a building or other construction work that- (a) when sling is used to hoist long materials, a lifting beam is used to space the sling legs for proper balance and when a load is suspended at two or more points with slings, the eyes of the lifting legs of such slings are shackled together and such shackle or eyes of the shackled slings are placed on the hook or the eyes of such lifting legs are shackled directly to the hoisting block, ball or balance beam as the case may be; (b) every container or receptacle used for missing or lowering stone, bricks, tiles, slates or other similar objects is also enclosed with the hoist as to prevent the fall of such objects; (c) a loaded wheel barrow placed directly on a platform of a hoist for raising or lowering of such wheel barrows is to secure that such wheel barrows can not move and such platform is enclosed to prevent the fall of the contents kept in such wheel barrows; (d) landings of a hoist are so designed and arranged that building workers on such hoist are not required to lean out into empty space for loading and unloading any material from such hoist. ### 78. Tower Cranes. - The employer shall ensure at a construction site of a building or other construction work that- (a) no person other than the operator trained and capable to work at heights are employed to operate tower cranes; (b) the ground on which a tower crane stands has adequate bearing capacity; (c) bases for tower cranes and trucks for rail-mounted tower cranes are firm and leveled and such cranes are erected at a reasonably safe distance from excavations and are operated within gradient limits as specified by the manufacturer of such cranes; (d) tower cranes are sited where there is a clear space available for erection, operation and dismantling of such cranes; (e) tower cranes are sited in such a way that the loads on such cranes are not handled over any occupied premises, public thoroughfares, railways or near power cables, other than construction works for which such cranes are used; (f) where two or more tower cranes are sited and operated every care is taken to ensure positive and proper communication between operators of such cranes to avoid any danger or dangerous occurrences; (g) tower cranes are used for loading magnet or demolition ball service, piling operation or other similar operations which could impose excessive load stress on the crane structure of such cranes; (h) the instruction of the manufacturer of a tower crane and standard safe practices regarding such crane are followed while operating of using such crane. ### 79. Qualification of operator of lifting inches and of signalers etc. - The employer shall ensure at a construction site of a building or other construction work that no operation is employed to drive or operate a lifting appliance whether driven by mechanical power or otherwise or to give signals to drive or operator of such lifting appliance or to work as a operator of a rigger or derricks unless he- (i) is above eighteen years of age; (ii) is sufficiently competent and reliable; (iii) possesses the knowledge of the inherent risks involved in the operation of lifting appliances; and (iv) is medically examined periodically as specified in Schedule-VII. Chapter-VIII Runways and Ramps ### 80. Use of runways and ramps by building workers. - The employer shall ensure at a construction site of a building or other construction work that- (a) runway or ramp provided for use by building workers is not less than four hundred and thirty millimeters in width and is constructed of not less than twenty five millimeters thick planking or any other material of adequate strength to withstand the required load supported substantially in relation to the span and braced of such runway or ramp and design and construction of such runway or ramp is in accordance with the relevant national standards; (b) every runway or ramp provided for use of building workers located more than three meters above the floor or ground is on open sides provided with a guard rail of adequate strength and height of not less than one thousand millimeters. ### 81. Use by vehicles. - The employer shall ensure at a construction site of a building or other construction work that- (a) all runways and ramps are of sound construction, strength and are securely braced and supported; (b) every runway or ramp for the use of transport equipment like trailers, trucks or heavier vehicles has a width of not less than three point seven meters and is provided with timber curbs or any other material of adequate strength with not less than two hundred millimeters by two hundred millimeters in width placed parallel to, and secured to, the sides of such runway and ramp and such runways or ramps are designed in accordance with the relevant national standards. ### 82. Slope of Ramps. - The employer shall ensure at a construction site of a building or other construction work that every ramp has a slope not exceeding one in four and the total rise of a continuous ramp used by building workers carrying material or using wheel barrows does not exceed three point seven meters, unless broke by horizontal landing of at least one point two meters in length or as provided in accordance with the relevant national standards. ### 83. Use of wheel barrows etc. - The employer shall ensure at a construction site of a building or other construction work that- (a) every runway or ramp used for wheel-barrows, hand carts or hand trucks is not less than one metre in width and is constructed of not less than fifty millimeters thick planking and is supported and braced suitably for such use; (b) every runway or ramp located more than three meters above the floor or ground is provided on the open sides with suitable guard mills of adequate strength. Chapter-IX Work on or Adjacent to Water ### 84. Transport by water. (1) The employer shall ensure at a construction site of a building or other construction work that- (a) when any building worker has to proceed to or from any working place by water for purposes of carrying on a building or other construction work, proper measures are taken to provide for his safe transportation and vessels used for such purpose are used in charge of a responsible person and are properly equipped for safe navigation and are maintained in good condition. (b) maximum number of persons which can be safely carried in a vessel as certified under the relevant law in force is marked plainly and conspicuously on such vessel and such number is not exceeded during use of such vessel for carrying persons. (2) The vessel referred to in clause (a) of sub-rule (1) shall conform to the following namely :- (i) That adequate protection is provided to the building workers in such vessel from inclement weather; (ii) That such vessel is manned by adequate and experienced crew as per the relevant law for the time being in force; (iii) That in case the bulwarks of such vessel are lower that sixty centimeters from the level of the deck of such vessel, the open edge of such bulwarks are fitted with suitable fencing to a height of at least one metre above such deck and the post and stanchions and similar parts used in such fencing are not spaced more than two meters apart; (iv) That the number of life buoys on deck of such vessel is at least equal to the number of crew members of such vessel and is not less than two; (v) That all life buoys on deck of such vessel are kept n good state of maintenance and are so placed that If such vessel sinks then they remain to float and one of such buoys is within the immediate reach of the steerman of such vessel and another is situated after part of such vessel; and (vi) That the position of the steerman of the vessel is such that he has a reasonably free view, of all sides. ### 85. Prevention from drowning. - The employer shall ensure at a construction site of building or other construction work that where, on or adjacent to the workplace of any construction site to which these rules apply, there is water into which a building worker employed for work on such site or in course of his employed for work on such site or, in the course of his employment, may fall and has the risk of drowning, suitable rescue equipment is provided and kept in an efficient state for ready use and measures are taken to arrange for the prompt rescue of such building worker from the danger of drowning and where there is a special risk of such fall from the edge of adjacent land or from a structure adjacent to or above the water or from floating stage on such water, secure fencing is provided near the edge of such land, structure or floating stage as the case may be, to prevent such fall and such fencing may be removed or allowed to remain unerected for the time being and to the extent necessary for the access of building workers to such work or the movement of material for such work. Chapter-X Transport and Earth Moving Equipment ### 86. Earth moving equipment and vehicles. - The employer shall ensure at a construction site of building or other construction work that- (a) all vehicles and earth moving equipment are made of good material, proper design and sound construction and are sufficiently strong for the purpose for which such equipment are used and are maintained in good state of repair and are properly used in accordance with standard safe operating practices; Provided that the truck or trailer employed for transporting freight containers are of the size sufficient to carry the containers, without overhanging and are provided with twist locks conforming to national standards, at all the four corners of each of such truck or trailers and such truck or trailers are certified for such use by an authority under the relevant law for the time being in force and is inspected by a responsible person, at least once in a month and record of such inspection is maintained; (b) all transport or earth moving equipment and vehicles are inspected at least once a week by a responsible person and in case any defect is noticed in such equipment or vehicle, it is immediately taken out of use; (c) power trucks and tractors are equipped with effective brakes, head lights and tail lamps and are maintained in good repair and working order; (d) side stanchions on power trucks and trailers for carrying heavy and long objects are- (i) of sound construction and free from defects; (ii) provided with the chains attached to the top across the loads for preventing such stanchions from spreading out; and (iii) kept in position while loading and unloading; (e) safe gangways are provided for to and from movement of building worker engaged in loading and unloading of lorries, trucks, trailers and wagons; (f) trucks and other equipment are not loaded beyond their safe carrying capacity which shall be clearly marked on such trucks and other equipment; (g) handles of hand trucks are so designed as to protect the hands of the building workers working on such trucks, or such handles are provided with knuckle guards; (h) no unauthorised person rides the transport equipment employed in such work; (i) a driver of a transport equipment maneuvers such equipment under the direction of a signaler. (j) adequate precaution such as isolating the electric supply or erecting overhead barriers of a safe height is taken when earth moving equipment or vehicles are required to operate in dangerous proximity to any live electric conductor; (k) vehicles and earth moving equipments are not left on a slope with the engine of such vehicles or equipment running; (l) all earth moving equipments, vehicles or other transport equipment are operated only by such person who are adequately trained and possess such skill as are required for safe operation of such equipment, vehicle or other transport equipment. ### 87. Power shovels and excavations. - The employer shall ensure at a construction site of building or other construction work that- (a) A shovel or an excavator whether operated, by steam or electric or by internal combustion, used for such work is constructed, installed, operated, tested and examined as required under any law for the time being inforce and the relevant national standards; (b) Excavator equipped for use as a mobile crane is- (i) examined and tested in accordance with the requirements for such mobile crane under these rules, and (ii) fitted with an automatic safe working load indicator; (c) Buckets or grabs of power shovels are propped to restrict the movement of such buckets or grabs while being repaired or while the teeth of such buckets or grabs are being changed. ### 88. Bulldozers. - The employer shall ensure at a construction site of a building or other construction work that- (a) an operator of a bulldozer before leaving such bulldozer- (i) applies the brakes; (ii) lowers the blade and sipper, and (iii) puts the shift lever into neutral. (b) bulldozer is left on level ground at the close of the work for which such bulldozer is used; (c) the blade of bulldozer is kept low when such bulldozer is moving uphill; (d) the bulldozer blades are not used as brakes except in an emergency. ### 89. Scrapers. - The employer shall ensure at a construction site of a building or other construction work that- (a) A tractor and scraper is joined by safety line at the time of its operations; (b) The scraper bowls are propped while blades of such scraper are being replaced; (c) A scraper moving down hill is left in gear. ### 90. Mobile asphalt layers and finishers. - The employer shall ensure on a construction site of a building or other construction work that- (i) A mixture elevator is within a wooden or sheet metal enclosure with a window for observation, lubrication and maintenance. (ii) Bitumen scoops have adequate covers; (iii) When asphalt plants are working on a public road, adequate traffic control is established on such road and the building workers working with such plant are provided with reflecting jackets; (iv) A sufficient number of fire extinguishers are kept in readiness on such work place where fire hazards may exist; (v) The materials are loaded on the elevator after the drying drain has waned up of such elevator; (vi) No open light is used for ascertaining the level of asphalt; (vii) Inspection opening is not opened till there is a pressure in the boiler which may cause injury to a building worker. ### 91. Pavers. - The employer shall ensure at a construction site of a building or other construction work that pavers are equipped with guards suitable to prevent building workers from walking under the skip of such pavers. ### 92. Road Rollers. - The employer shall ensure at a construction site of a building or other construction work that- (a) before a road roller is used on the ground, such ground is examined for its bearing capacity and general safety, especially at the edges of slopes such as embankments on such grounds; (b) a roller is not moved downhill with the engine out of gear. ### 93. General Study. - The employer shall ensure at a construction site of a building or other construction work that- (a) every vehicle or such moving equipment is equipped with- (i) Silencers; (ii) Tail lights; (iii) Power and hand brakes; (iv) Reversing alarm, and (v) search light for forward and backward movement, which are required for safe operation of such vehicle or earth moving equipment; (b) the cab of vehicle or earth moving equipment is kept at least one meter from the adjacent face of a ground being excavated; (c) when a crane or shovel are traveling, the boom of such crane or shovel is in the direction of such travel and the bucket or scoop attached to such crane or shovel is raised and without load, except when such traveling is downhill. Chapter-XI Concrete Work ### 94. General provisions regarding use of concrete. - The employer shall ensure at a construction site of a building or other construction work that- (a) all construction with the use of concrete or reinforced concrete are based on plans as (i) include specifications of steel and concrete and other material to be used in such construction; (ii) give technical details regarding methods for safe placing and handling of such methods as specified in sub-clause (I) (iii) indicate the type, quality and arrangement of each of a structure of such construction; and (iv) explain the sequence of steps to be taken for completion of such construction; (b) form work and shores used for concrete work are structurally safe and are properly braced or tied together so as to maintain position and shape of such form work or shores; (c) form work structure used for concrete work has sufficient catwalks and other secure access for inspection of such structure if such structure is in two or more tiers. ### 95. Preparation and pouring of concrete and erection of concrete structures. - The employer shall ensure at a construction site of a building or other construction work that- (a) a building worker handling cement or concrete- (i) wears close fitting clothing, gloves, helmet or hard hat, safety goggles, proper footwear and respirator or mask to protect him from danger in such handling; (ii) keep as much of his body covered as is required to protect him from danger in such handling; (iii) takes all necessary precautions to keep cement and concrete away from his skin in such handling; (b) lime pits are fenced or enclosed; (c) lime pits are filled and emptied by such devices which do not require workers to go into the pit; (d) moving parts of the elevators, hoists, screens, bunkers, chutes, grouting equipment used for concrete work and of other equipment used for storing, transport and other handling ingredients of concrete are securely fenced to avoid contact of building workers with such moving parts; (e) screw conveyors used for cement lime and other dusty materials are completely enclosed. ### 96. Buckets. - The employer shall ensure at a construction site of a building or other construction work that (a) concrete buckets used with cranes or aerial cable ways are free from projections from which accumulations of concrete could fall; (b) movements of concrete buckets are governed by signals necessary to avoid any danger by such movements. ### 97. Pipes and Pumps. - The employer shall ensure at a construction site of a building or other construction work that- (a) a scaffolding carrying a pipe for pumped concrete is strong enough to support such pipe at time when such pipe is filled with concrete or water or any other liquid and to bear ail the building workers who may be on such scaffold at such time, safely; (b) every pipe for carrying pumped concrete is- (i) securely anchored at its end point and at curve on it; (ii) provided near the top of such pipe with an air release valve; and (iii) securely attached to a pump nozzle by a bolted collar or other adequate means; (c) operation of concrete pumps are governed by standard signals relevant in accordance with the relevant national standards; (d) building workers employed around a concrete pump wear safety goggles. ### 98. Mixing and pouring of concrete. - The employer shall ensure at a construction site of a building or other construction work that- (a) the concrete mixture does not contain any material which may unduly affect the setting of such concrete, weaken such concrete or corrode steel used with such concrete; (b) when dry ingredients of concrete are being mixed in confined spaces such as silos- (i) the dust shall be exhausted at the time of such mixing; and (ii) in case the dust can not be exhausted, as specified in sub-clause(i) the building workers shall wear respirators at the time of such mixing; (c) when concrete is being tipped from buckets, building workers are kept out of the range of any kickbacks of such buckets; (d) loads are not dumped or placed on setting concrete; ### 99. Concrete panels and slabs. - The employer shall ensure at a construction site of a building or other construction work that- (a) all parts of a concrete panel or concrete slab are hoisted uniformly; (b) concrete panels are adequately braced in their final positions and such bracing shall remain in such position until such panels are adequately supported by other parts of the construction for which such panels are used; (c) temporary bracing of concrete panels are securely fastened to prevent any part of such panels from falling when such panels are being moved; ### 100. Stressed and tensioned elements. - The employer shall ensure at a construction site of a building or construction work that- (a) building workers do not stand directly over jacking equipment while stressing of concrete girders and beams is being done; (b) a pre-stressed concrete unit is not handled except at points on such unit and by the devices specified for points on such unit and by the devices specified for such work by the manufacturer of such devices; (c) during transport, pre-stressed concrete girders or concrete beams are kept upright by bracing or other effective means; (d) anchor fittings pre-tensioned strands of pre-stressed concrete girders or concrete beams are kept in a safe condition in accordance with the instructions of manufacturer of such anchor fittings; (e) building workers do not stand behind jacks or in line with tensioning elements and jacking equipment during tensioning operations of pre-stressed concrete girders or concrete beams; (f) building workers do not cut wires of pre-stressed concrete girders or concrete beams under tension before such concrete used for such girders or beams is sufficiently hardened. ### 101. Vibrators. - The employer shall ensure at a construction site of a building or other construction work that- (a) a building worker, who is in good physical condition, operates vibrators used in concreting work; (b) all practical measures are taken to reduce the amount of vibration transmitted to the operator working in concreting work; (c) when electric vibrators are used in concreting work- (i) such vibrators shall be earthed; (ii) the leads of such vibrators shall be heavily insulated; and (iii) the current shall be switched off when such vibrators are not in use. ### 102. Inspection and supervision. - The employer shall ensure at a construction site of a building or other construction work that- (a) a person responsible for a concreting work supervises the erection of the form work, shores, graces and other supports used for such concreting work; (b) a person responsible for concreting work makes a thorough inspection of every form work after erection of such form work in such concreting work to ensure that such form work is safe; (c) a person responsible for a concreting work regularly inspects the form work, shores, braces, reshores and other supports during the placing of concrete; (d) any unsafe condition which is discovered during the inspections mentioned under clause (b) and(c) is reminded immediately; (e) a person responsible for a concreting work keeps all records of inspections referred to in clause (a) and clause (b) at the workers pale relating to such inspection and produced them for inspection upon the demand of an inspector having jurisdiction. ### 103. Beams, floors and roofs. - The employer shall ensure at a construction site of a building or other construction work that- (a) horizontal and diagonal bracings are provided in both longitudinal and transverse directions as may be necessary to provide structural stability to form work used in concreting work and shores used in such concreting work are properly seated top and bottom and are secured in their places; (b) where shores used in concreting worker rest upon the ground, base plates are provided for keeping such shores firm and in level; (c) where the floor to ceiling height of a concreting work exceeds nine meters or where the form work deck used in such concreting work is supported by shores constructed in two or more tiers, or where the dead, live and impact loads on the form work used in such concreting work exceed seven hundred kilograms per square meter, the structure of such form work is designed by a professional engineer in the relevant field and the specifications and drawings of such form work are kept at such construction site and produced on demand before the inspector having jurisdiction; (d) where the structure of the form work used in concreting work is designed by a professional engineer, such engineer shall be responsible for the supervision of construction and stability of such structure. ### 104. Stripping. - The employer shall ensure at a construction site of a building or other construction work that- (a) stripping of form work used in concreting work commences until the concrete on such form work is fully set, examined and certified to this effect by the responsible person and record of such examination and certification is maintained; (b) stripped forms in concreting work are removed or stock-piled promptly after stripping from all areas in which building workers are required to work or pass; (c) protruding nails, wire ties and other form work accessories not required for subsequent concreting work are pulled, cut or otherwise made safe; ### 105. Reshoring. - The employer shall ensure at a construction site of a building or other construction work that- (a) reshoring used in concreting work is provided to a slab or beam for its safe support after its stripping or where such slab or beam is subjected to superimposed loads due to construction above such slab or beam; (b) the provision applicable to shoring in concreting work under this chapter shall also be applicable to reshoring in such work. Chapter-XII Demolition ### 106. Preparation. - The employer shall ensure at a construction site of a building or other construction work that all glass or similar material or article in exterior openings are removed before commencing any demolition work and all water, steam electric gas and other similar supply lines are put-off and suitably capped and the concerned department of the appropriate Government or local authority is informed and permission obtained whenever required before commencing such demolition work and wherever it is necessary to maintain water, gas or electric line or power during such demolition, such line shall be so located or protracted with substantial coverings so as to protect it from damage and to afford safety to the building workers and the general public. ### 107. Protection of adjacent structures. - The employer responsible for a demolition work at a construction site of a building or other construction work shall, during demolition process of such demolition work, examine the walls all structures adjacent to the structures to be demolished to determine the thickness, method of support of such adjacent structures and in case, such employer has reason to believe that any of such adjacent structure is unsafe or may become unsafe during such demolition process, he shall not perform demolition activity affecting such unsafe adjacent structures unless and until remedial measures like sheet piling, shoring, bracing, or similar other means so as to ensure safety and stability to such unsafe adjacent structure from collapsing are taken. ### 108. Demolition of walls, partitions etc. - The.employer shall ensure at a construction site of a building or other construction work that- (a) any demolition of walls or partitions is proceeded in a systematic manner as per the standard safe operating practices and all work above each tier of any floor beams is completed before the safety of the supports of such beam is impaired; (b) masonry is neither loosened nor permitted to fall in such masses or volume or weight as to endanger the structural stability of any floor or structural support; (c) no wall, chimney or other structure or part of a structure is left unguarded in such a condition that it may fall, collapse or weaken due to wind pressure or vibration; (d) in the case of demolition of exterior walls by hand, safe footing is provided for the building workers employed for such demolition, in the form of sound flooring or scaffolds; (e) walls or partitions which are to be demolished by hand are not left standing more than one storey, high above the uppermost floor on which persons are working. ### 109. Method of operation. - The employer shall ensure at a construction site of a building or other construction work that debris, bricks and other materials or articles are removed- (i) by means of chutes; (ii) by means of buckets or hoists; (iii) through openings in the floors; or (iv) by any other safe means. ### 110. Access to floor. - The employer shall ensure at a construction site of a building or other construction work that safe access to and egress from every building is provided at all times in the course of demolition of such building by means of entrances, hallways, stairways or ladder runs which are so protected as to safeguard the building workers using such means from falling material or articles. ### 111. Demolition of structural steel. - The employer shall ensure at a construction site of a building or other construction work that- (a) all steel structures are demolished column by column and tier by tier and every structural member which is being demolished is not under any stress and such structural member is suitably lashed to prevent it from any uncontrolled swinging or dropping or falling; (b) large structural members are not thrown or dropped from the building but are carefully lowered by adopting suitable safe method; (c) where a lifting appliance like a derrick is used for demolition, the floor on which such lifting appliance rests is completely planked over or supported and such floor is of adequate strength to sustain bearing load for such lifting appliance and its operation; ### 112. Storage of material or article. - The employer shall ensure at a construction site of a building or other construction work that- (a) all materials or articles are not stored or kept on platform, floor or stairways of a building being demolished: Provided that this clause shall not apply to the floor of a building when such floor is of such strength as to support safely the load to superimposed by storing such materials or articles; (b) on access to any stairway is blocked by storing any materials or articles; (c) suitable barricades are provided so as to prevent materials or articles from sliding or rebounding into any space used by the building workers. ### 113. Floor openings. - The employer shall ensure at a construction site of a building or other construction work that every opening used for the removal of debris from every floor which is not close to access, except the top or working floor is provided with an enclosure from such floor to its ceiling or such opening is so barricaded that no building worker has access to within a horizontal distance of six meters from such opening through which debris is being dropped. ### 114. Inspection. - The employer shall ensure at a construction site of a building or other construction work that a person responsible for demolition work makes continuous inspections during demolition process of such demolition work so as to detect any hazard resulting from weakened or deteriorated floors or walls or loosened materials or articles during such demolition process and that no building worker is permitted to work where such hazard exist unless remedial measures like shorting or bracing are taken to prevent such hazards. ### 115. Warning signs barricades, etc. - The employer shall ensure at a construction site of a building or other construction work that- (a) barricades and warning signs are erected along every side throughout the length and breadth of a building or other construction work to be demolished to prevent un-authorised persons from entering into the site of such building or other construction work during demolition operations. (b) during the demolition of an exterior masonry wall of a roof from a point more than twelve meters above the adjoining ground level such wall or roof are exposed to falling objects, suitable and safe catch platforms shall be provided and maintained at a level no more than six meters below the working level except where an exterior built-up scaffold is provided for safe and adequate protection of such persons; (c) suitable standard warning sings in accordance with national standards are displayed or erected at conspicuous places or position at the workplace. (d) suitable and standard warning signs in accordance with national standards are displayed or erected at conspicuous place's or position at the work place. ### 116. Mechanical method of demolition. - The employer shall ensure at a construction site of a building or other construction work that the following requirements are fulfilled in case the mechanical method of demolition like use of swinging weight, clamshell bucket, power shovel, bulldozer or other similar mechanical methods are used for the purpose of demolition, namely. (a) that the building or structure or remaining portion thereof shall be not more than twenty four meters in height; (b) that where a swinging weight is used for demolition, a zone of such demolition having radius of at least one and a half times the height of the structure or portion thereof being so demolished shall be maintained around the points of impact of such swinging weight; (c) where a clamshell bucket is being used for demolition,a zone of demolition shall be maintained within eight meters of the line of travel of such bucket; (d) that where other mechanical methods are being used to affect total or partial collapse of a building or other construction work, there shall be maintained, in the area into which the affected portion of such building or other construction work may fall, a zone of demolition at least one and half times the height of such affected portion thereof; and (e) no person other than building workers or other persons essential to the operation of demolition work shall be permitted to enter a zone of demolition referred to in clause (a) which shall be provided with substantial barricades. Chapter-XIII Excavation and Tunneling Works ### 117. Notification of intention to carry out excavation and tunneling work. (1) Every employer carrying out any excavation or tunneling work at a construction site of a building or other construction site of a building or other construction work shall, within thirty days, prior to the commencement of such excavation or tunneling work, inform in writing the detailed layout plans, method of construction and schedule of such excavation or tunneling work to the Chief Inspector. (2) In case compressed air is used in such excavation or tunneling work or any work incidental to or required for such excavation or tunneling work, the technical details and drawings of all man-locks and medical locks together with names and addresses of all construction medical officers having qualification as laid down in Schedule XI and so appointed by such employer for the purpose of such excavation or tunneling work shall be sent to the Chief Inspector. ### 118. Project engineer. - Every employer undertaking any excavation or tunneling work shall appoint a project engineer for safe operation of such projects of such excavation or tunneling work for which such engineer is appointed. Such project engineer shall exercise overall control of the operations and the activities at such project and be responsible for carrying out the activities safely. ### 119. Appointment of responsible person and duties. (1) Every employer undertaking excavation or tunneling work at a construction site of a building or other construction work shall appoint a responsible person for safe operation for such excavation or tunneling work. (2) Duties and responsibilities of the responsible person referred to in sub-rule (1) person shall include- (a) to carry out smoothly such excavation or tunneling work; (b) to inspect and rectify any hazardous situation relating to such excavation or tunneling work; (c) to take remedial measures to avoid any unsafe practice or conditions relating to such excavation or tunneling work. (3) The name and addresses of the responsible person referred to in sub-rule (1) shall be forwarded to the Chief Inspector. ### 120. Warning signs and notices. - The employer shall ensure at a construction site of a building or other construction work that- (a) suitable warning signs or notices, required for the safety of building workers carrying out the work of an excavation or tunneling shall be displayed or erected at conspicuous places in Hindi and in a language understood by the majority of such building workers at such excavation or tunneling work; (b) such warning signs and notices with regard to compressed air working shall include- (i) The danger involved in such compressed air work; (ii) Fire and explosion hazards; (iii) The emergency procedures for rescue from such danger hazards. ### 121. Register of employment etc.. (1) Every employer shall ensure that at a construction site of a building or other construction work where a excavation or tunneling work is being carried on, a register of employment of building workers carrying out such excavation or tunneling work, is maintained and produced on demand to the Inspector having jurisdiction. (2) Periods or work of such excavation or tunneling work, in which such building worker are employed, shall be maintained in a register on day-to-day basis and such register shall be produced on demand to the Inspector having jurisdiction. ### 122. Illumination. (1) The employer shall ensure at a construction site of a building or other constriction work that all work places where excavation or tunneling works are carried out shall be adequately illuminated in accordance with the relevant national standards. (2) Every employer carrying out excavation or tunneling work at a construction site of a building or other construction work shall provide for emergency generators on such construction site to ensure adequate illumination at all work places where such excavation or tunneling work is being carried out, in case of power failure. ### 123. Stability of structure. - The employer shall ensure at a construction site of a building or other construction work that- (a) where there is any doubt as to the stability of any structure adjoining the work place or other areas to be excavated or where tunneling work is to be carried out, the project engineer referred to in rule 118 arranges for measures like underpinning, sheet piling, shoring, bracing or other similar means to support such structure and to prevent injury to any building worker working adjacent to such structure or damage to property or equipment adjacent to such structure. (b) where any building worker engaged in excavation is exposed to hazard of falling or sliding material or article from any bank or side of such excavation which is more than one and a half meter above his footing, such worker is protected by adequate piling and bracing against such bank or side; (c) the excavation and its vicinity are checked by a responsible person referred to in rule 119 after every rain, storm or other occurrences carrying hazards and in case a hazard is noticed at such checking, adequate protection against slides and cave-in to prevent such hazard is provided; (d) temporary sheet piling installed for the construction of a retaining wall after excavation is not removed except on the advice of the responsible person referred to in rule 119 after an inspection carried out by such responsible person; (e) where banks of an excavation are undercut, adequate shoring is provided to support the material or article overhanging such bank; (f) excavated material is not stored at least zero point six five meters from the edge of an open excavation or trench and the banks of such excavation or trench are stripped of loose rocks and other materials which may slide, roll or fall upon a building worker working below such bank; (g) adequate and suitable warning signs are put-up at conspicuous places at the excavation work to avoid any person falling into the excavation or trenches; (h) the responsible person referred to in rule 119, ensures at the excavation work that no building worker is permitted to work where such building worker may be struck or endangered by the excavation machinery or material or article used in such excavation; ### 124. Piling shoring and bracing. - The employer shall ensure at a construction site of a building or other construction work that- (a) plank used for sheet piling in excavation or tunneling work is of sound material with adequate strength. (b) shores and braces used in excavation or tunneling work are of adequate dimensions and are so placed as to be effective for their intended purposes; (c) earth supported shores or braces used in excavation or tunneling work bear against a footing of sufficient area and stability to prevent the shifting of such shores or bracing; ### 125. Safe access. - The employer shall ensure at a construction site of a building or other construction work that ladders, stair cases or ramps are provided, as the case may be, for safe access to and egress from excavation where the depth of such excavation exceeds one point five meters and such ladders, stair cases or ramps comply with the relevant national standards; ### 126. Trenches. - The employer shall ensure at a construction site of a building or other construction work that a trench of excavation is protected against falling of a person by suitable measures if the depth of such trench or excavation exceeds one and a half meter and such protection is an improved protection in accordance with the design and drawing of a professional engineers, where such depth exceeds four meters; ### 127. Depth of trenches. - The employer shall ensure at a construction site of a building or other construction work that- (a) where the depth of a trench requires two lengths of sheet piling, one above the other, the lower piling is set inside the bottom strings or wales of the upper piling and such sheet piling is driven down and braced as the excavation continues; (b) metal sheet piles used in excavation or a trench are welded end to end secured by other similar means; ### 128. Positioning and use of machinery. - The employer shall ensure at construction site of a building or other construction work that any machinery used in excavation and tunneling work is positioned and operated in such a way that such machinery does not endanger the operator of such machinery or any other person in the vicinity; ### 129. Breathing apparatus. - The employer shall ensure at a construction site of a building or other construction work that- (a) suitable breathing apparatus is provided to building worker while working in compressed air environment for his use at excavation or tunneling work; and (b) such breathing apparatus is maintained in good working condition at all times. ### 130. Safety measures for tunneling operation. - The employer shall ensure at a construction site of a building or other construction work that- (a) where there is a danger of falling or sliding of material from the roof face or wall of a tunnel, adequate measures such as shoring, supporting by means of rock bolts, segments or steel sets are taken for the safety of building workers; (b) the excavated areas are made safe by use of suitably designed and installed steel sets, rock bolts or similar other safe means; (c) the responsible person referred to in rule 119 examines and inspects the workplace in a tunnel before the commencement of work in such tunnel, and regular intervals thereafter to ensure safety of the building workers in such tunnel; (d) the portal areas of a tunnel with loose soil, or rock, likely to cause injury to a person are adequately protected with supports; ### 131. Pneumatic tools. - The employer shall ensure at a construction site of a building or other construction work that supply lines to pneumatic tools used within a tunnel are fitted with water trap or safety chain or safety wire, as the case may be. ### 132. Shafts. - The employer shall ensure at a construction site of a building or their construction work that- (a) surroundings of a shaft used in excavation on tunnel work are protected from being washed away by construction of sufficient height. (b) here a building worker is required to enter a shift at an excavation of tunneling work safe means of axes is provided for such entry; (c) very shaft at excavation or tunneling work is provided with a steel causing, concrete piping, timber shoring or other materials of adequate strength for the safety of building workers working in such shaft; (d) such cashing and bracing are provided to a shaft at an excavation or tunneling work up to the depth of such shaft at an excavation or tunneling work according to the appropriate design for such casing and bracing; (e) a reinforced concrete raft and beam is provided around the opening of a shaft at an excavation or tunneling work if the ground surrounding such opening is unstable or unsafe; ### 133. Lift for shaft. - The employer shall ensure at a construction site of a building or other construction work that lift is provided for transport of building workers and materials or articles at an excavation or tunneling work required to descend more than fifty meters in a shaft. ### 134. Means of communication. - The employer shall ensure at a construction site of a building or other construction work that- (a) reliable and effective means of communication such as telephone or walkie-talkie are provided and are maintained in working order for arranging better and effective communication or tunneling work at the following locations, namely- (i) working chamber at the face of an excavation; (ii) intervals of hundred meters along the tunnel; (iii) working chamber side of a man lock near the door of such man lock; (iv) interior of each chamber of a man lock; (v) location conspicuous a lock attender's station; (vi) a compressor plant; (vii) a first-aid station; (viii) outside the portal or the top of a shaft; (b) such number of bells and whistles are made available at all times at the location referred to in sub-clause (i) to sub-clause (viii) of clause (a) as are necessary for the safety of persons at such location; ### 135. Signals. - The employer shall ensure at a construction site of a building or other construction work that the standard audio or video signals are used in excavation or tunneling work and are conspicuously located or displayed near entrance to the work place and in such other locations as may be necessary to bring such signals to notice of ail building workers employed in such excavation or tunneling work; ### 136. Clearances. - The employer shall ensure at construction site of a building or other construction work that- (a) the minimum lateral clearance of half a meter is maintained between any part of a vehicle and any fixture or any equipment used in an excavation or tunneling work-after allowing the throw of swing of such fixture or equipment. (b) the overhead clearance for a locomotive drive at excavation or tunneling; (c) work is not less than one point one zero meters above the seat of such driver and not less than two meters above the platform where such driver stands or of any other dimension in accordance with the relevant national standard; ### 137. Shelters. - The employer shall ensure at a construction site of a building or other construction work that the adequate number of shelters for the safeguard of the building workers are provided where, in the course of working, they are liable to be struck by a moving vehicle or other material handling equipment in a tunnel; ### 138. Use of internal combustion engine. - The employer shall ensure at a construction site of a building or other construction work that no internal combustion engine is used underground in excavation or tunneling work unless such engine is so constructed that- (a) the air entering the engine gets cleared before entry; and (b) no fumes or sparks are omitted by the engine; ### 139. Inflammable oils. - The employer shall ensure at a construction site of a building or other construction work that inflammable oils with the flash point below the working temperature that is likely to be encountered in a tunnel are not used in excavation or tunneling work. ### 140. Coupling and hoses. - The employer shall ensure at a construction site of a building or other construction work that only high pressure hydraulic hoses and couplings are used on hydraulic plants underground and such hoses and coupling are adequately protected against any possible damage in excavation or tunneling work. ### 141. Hose installation. - The employer shall ensure at a construction site of a building or other construction work that all hydraulic lines and plants working at a temperature exceeding seventy degree centigrade are protected by adequate insulation or otherwise against accidental human contact in excavation or tunneling work; ### 142. Fire resistant hoses. - The employer shall ensure at a construction site of a building or other construction work that fire hydraulic hoses other than fire resistant hydraulic hoses are used when hydraulically activated machinery and equipment is employed in tunnels; ### 143. Flame proof equipment. - The employer shall ensure at a construction site of a building or other construction work that only flame proof equipment of appropriate type as per relevant national standards is used where there is a danger of flammable or explosive atmosphere being prevalent inside the tunnel. ### 144. Storing of oil and fuel under ground. - The employer shall ensure at a construction site of a building or other construction work that- (a) all oils, greases or fuels stored underground in excavation or tunneling work are kept in tightly sealed containers and in fire resistant areas at safe distances away from explosive and other flammable chemicals; (b) appropriate flame proof installation is used in such storage areas as specified in clause(a) ### 145. Use of gases under. - ground - The employer shall ensure at a construction site of a building or other construction work that- (a) petrol or liquefied petroleum gas or any other flammable substances are not used, stored inside the tunnel except with the prior approval of the project engineer appointed under rule 118; (b) after the use of the petroleum or liquefied petroleum or liquefied petroleum gas or highly inflammable substances are removed immediately from such tunnel; (c) no oxy-acetylene gas is used in a compressed air environment in excavation or tunneling work. ### 146. Water for fire fighting. - The employer shall ensure at a construction site of a building or other construction work that- (a) adequate number of water outlets are provided on excavation or tunneling work and are readily made accessible throughout the tunnel for fire fighting purposes and such water outlets are maintained for effective fire fighting. (b) all air locks are equipped with the fire fighting facilities at excavation or tunneling work; (c) an audible fire alarm is provided to warn the building workers when ever a fire breaks out on excavation or tunneling work; (d) adequate number and types of fire extinguishers, in accordance with relevant national standards, are provided and made readily available to fight any outbreak of fire at an excavation or tunneling work; (e) fire extinguishers with vaporizing liquids and high pressure carbon dioxide are not used in tunnels or other confined spaces; (f) the instructions regarding steps to be followed to fight outbreak of fire, at an excavation or tunneling work, written in Hindi or local language understood by the majority of the building workers employed on such excavation or tunneling work, are displayed at conspicuous and vulnerable places of such excavation or tunneling work; ### 147. Flooding. - The employer shall insure at a construction site of a building or other construction work that- (a) water tight bulkhead doors are installed at the entrance of a tunnel to prevent flooding during a tunneling work where more than one tunnel is driven from a shaft; (b) all necessary measures are taken to ensure that no building worker is trapped in any isolated Section of a tunnel when any bulkhead door of such tunnel is closed; (c) where there is likelihood of flooding or water rushing into a tunnel during a tunneling work, arrangements are made for immediate starting of water pumps to take out water of such flooding or water rushing and for giving alert signals to the building workers and other persons to keep them away from danger. ### 148. Steel curtains. - The employer shall ensure at a construction site of a building or other construction work that air tight steel curtains are provided in areas liable to flooding at tunneling work and in case of descending tunnel such curtains are provided in the top half of such tunnels to ensure the retention of pockets of air for rescue purpose; ### 149. Rest shelters. - The employer shall ensure at a construction site of a building or other construction work that- (a) where building workers employed in a compressed air environment in a tunneling work are required to remain at the work site for one hour or more after de-compression from pressures exceeding one bar, adequate and suitable facilities are provided for such building workers to rest. (b) every man-lock, medical-lock and any other facility inside these locks at an excavation or tunneling work is maintained in a clean state and in good repairs; (c) a first aid room is provided and is readily available at a construction site of a tunneling work; (d) each man-lock attendant station is provided with a first-aid box at a construction site of a tunneling work; ### 150. Permissible limit of exposure of. - The-employer shall ensure at a construction site of a building or other construction work that- (a) the working environment in a tunnel or a shaft in which building workers are employed does not contain any of the hazardous substances in concentrations beyond the permissible limits as laid down in the schedule XII; (b) the responsible person referred to in rule 119 conducts necessary test before the commencement of a tunneling work for the day and at suitable intervals as fixed by the Chief Inspector to ensure that the permissible limits of exposure are not exceeded and a record of such test is maintained and is made available for inspection to the Inspector having jurisdiction, on demand. ### 151. Ventilation. - The employer shall ensure at a construction work that all working areas in a free air tunnel are provided with ventilation system as approved by the Chief Inspector and the fresh air supplied in such tunnel is not less than six cubic meter per minute for each building worker employed underground in such tunnel and the free air-flow movement inside such tunnel is not less than nine meters per minute. ### 152. Air supply intake point. - The employer shall ensure at a construction site of a building or other construction work that the air intake points for all air compression are located at places where such intake air does not get contained with dust, fumes, vapor and exhaust gases or other contaminants. ### 153. Emergency generators. - The employer shall ensure at a construction site of a building or other construction work that (a) Every compressed air system in a tunnel is provided with emergency power supply system for maintaining continued supply of compressed air in such compressed air system and is capable of operating air compressor and ancillary system. (b) The emergency power stem is maintained and is readily available at all times at an excavation or tunneling work. ### 154. Air Mains. - The employer shall ensure at construction site of a building or other construction work that every air man-supplying air to the working chamber, man-lock or medical lock used at an excavation or tunneling work is protected against accidental damage and where it is not practicable to provide such protection, a stand by air main is provided. ### 155. Bulk head and air. - locks-The employer shall ensure at a construction site of a building or other construction work that- (a) a bulk head or air tight diaphragms retaining compressed air, when used within a tunnel or a shaft, is constructed to withstand the maximum pressure at one point two five times the maximum working pressure of such bulk head or diaphragm and such bulk head or diaphragm is tested before its each use by a responsible person referred to in rule 119 to ensure that such bulk head or diaphragm is in proper working order; (b) such responsible person keeps the record of each test referred to in clause (a) and such record is produced for inspection to the inspector having jurisdiction on demand. (c) the bulk head or diaphragm referred to in clause (a) are made of sound material of adequate strength and are able to withstand the maximum pressure on which they are subjected to at any time of their use. (d) a bulk-head anchorage and air lock is tested at its workplace at an excavation or tunneling work immediately after their installation at such place. ### 156. Diaphragms. - The employer shall ensure at a construction site of a building or other construction work that all diaphragms which are in the form of horizontal decks across a shaft used at excavation or tunneling work are securely anchored. ### 157. Portable electrical Hand tools. - The employer shall ensure at a construction site of a building or other construction work that all portable electrical hand tools and inspection lamps used underground or in a confined space at an excavation or tunneling work are operated at a voltage not exceeding twenty four volts. ### 158. Circuit Breakers. - The employer shall ensure at a construction site of a building or other construction work that- (a) adequate numbers of differential ground fault circuit breakers are installed for every electrical distribution system and its subsystems used at an excavation or tunneling work and the sensitivity of each of circuit breaker is adjusted in accordance with the requirement set out in accordance with the relevant national standards; (b) no semi-enclosed fuse unit is used in underground place at excavation or tunneling work. ### 159. Transformer. - The employer shall ensure as a construction site of a building or other construction work that no transformer is used in any section of a tunnel under compressed air unless such transformer is of the dry type and conforms to the relevant national standards. ### 160. Live wires. - The employer shall ensure at a construction site of a building or other construction work that there is no exposed live wire in working areas at an excavation or tunneling work which are accessible to building workers other than those authorized to work on such live lines. ### 161. Welding sets. - The employer shall ensure at a construction site of a building or other construction work that all welding sets used in a tunnel are of adequate capacity and of suitable type approved by the Chief Inspector. ### 162. Quality and Quantity of air. - The employer shall ensure at a construction site of a building or other construction work that :- (a) every working chamber at an excavation or tunneling work where compressed air is used, the supply of such air is maintained not less than zero point three cubic meters per minute per person working therein; (b) a reserve supply of compressed air is made available at all times for man-locks and medical locks used at a tunneling work; (c) the air supplied in a compressed air environment at a tunneling work is as far as practicable free from odour and other contaminants, namely dust, fumes and other toxic substances. ### 163. Working temperature. - The employer shall ensure at a construction site of a building or other construction work that the temperature in any working chamber at an excavation or tunneling work where building workers are employed does not exceed twenty nine degree centigrade and that the arrangement is maintained for keeping records in which the temperatures measured by dry bulb and wet bulb inside such working chamber once in every hour and to produce such records for inspection on demand to the inspector having jurisdiction. ### 164. Man-locks and working in compressed air environment. - The employer shall ensure at a construction site of a building or other construction work that :- (a) Man-locks used at a tunneling work are of adequate strength, made of sound material and designed to withstand any air pressure, internal or external, to which it may be subjected to in the normal use or in an emergency; (b) (i) doors of man-locks at an excavation or tunneling work are made of steel. (ii) men-locks used at a tunneling work are airtight and devices are provided for sealing the doors when such locks are under pressure, (iii) the anchorage of a man-lock used at tunneling work have adequate strength to withstand the pressure exerted by air on the man-lock, (iv) there is adequate room available for the building worker for working in the man-lock used at tunneling work, (v) where work is carried out in any compressed air tunnel, a man-lock in accordance with the relevant national standards is used for such tunnel, (c) (i) where a man-lock is used at tunneling work, safety instructions in Hindi and in local language understood by majority of building workers employed therein are displaced at conspicuous place at such tunneling work; (ii) except in an emergency, compression and decompression operations are carried out in a man-lock used at tunneling work, (iii) in an emergency any material lock may be used at tunneling work for compression and decompression of building worker and a records kept in writing and produced for inspection demand to the Inspector having jurisdiction. (iv) Material lock is used with the permission of the Chief Inspector for compression and decompression of building workers, where it is impracticable to install both the man-lock and the material-lock at a tunneling work. (v) De-compression of all building workers to atmospheric condition at tunneling work is carried out in accordance with a decompression procedure approved by the Chief Inspector. (vi) The man-lock at tunneling work is not used for any purpose other than compression or de-compression procedure approval by the Chief Inspector. (vii) No de-canting of building workers at tunneling work is carried out without prior approval of Director General, except in an emergency; (viii) In case a building worker collapses or is taken ill during his de-compression in a man-lock used at tunneling work, the lock attendant of such man-lock raises the pressure of such man-lock until pressure is equal to the maximum pressure which that building worker was exposed to in the working chamber prior to such decompression and such lock attendant immediately reports the matter relating to such collapse to the medical lock attendant and medical officer on duty at such tunneling work; (ix) A building worker who had previously received training with trained building worker to work in a compressed air environment at tunneling work is employed to work independently in such a compressed air environment; (x) A building worker who had undergone three de-compressions from a pressure exceeding one bar in a period of eight hours at tunneling work is not allowed to enter a compressed air environment except for the purpose of carrying out rescue work; (xi) A building worker employed in a compressed air environment for a period of eight hours in a day at tunneling work is not employed again in such environment unless he has spent not less than twelve consecutive hours of rest at atmospheric pressure; (xii) No building worker is engaged in a compressed air environment at a pressure which exceeds three bars at tunneling work unless prior permission,has been obtained from the Chief Inspector for such engagement; (xiii) No building worker is employed in a compressed air environment for more than fourteen consecutive days in a month at tunneling work; (xiv) A register of employment of all building workers employed in compressed air environment at tunneling work, is maintained; (xv) An identification badge is supplied to a building worker employed in compressed air environment at tunneling work, (xvi) The badge of a building worker referred to in sub-clause (xv) contains particulars of his name, location of the medical lock allotted to him for work, the telephone number of the construction Medical Officer concerned for his treatment and the instructions in case of his illness of unknown and doubtful causes; (xvii) Record of all identification badges supplied to building workers under sub-clauses (XVI), is kept in a register; (xviii) Every building worker whose name appears in the register referred to in sub-clause (XVII) wears the badge supplied to him under sub-clause (XV) at all times during his duty hours at tunneling work; (xix) Suitable warning signs are displayed, in the compressed air environment at tunneling work, for the prohibition of following, namely :- (a) use of alcoholic drinks; (b) use and carrying of lighters matches or other sources of ignition (c) smoking; and (d) an entry to person who has consumed alcoholic drinks; ### 165. Safety Instruction. - The employer shall ensure at a construction site of a building or other construction work that all building workers employed in compressed air environment at tunneling work follow the instruction issued for their safety in the course of such employed. ### 166. Medical lock. - The employer shall ensure at a construction site of a building or other construction work that- (a) a suitably constructed medical lock is maintained at tunneling work where building workers are employed in a working chamber at a pressure exceeding one bar; (b) where more than one hundred building workers are employed in a compressed air working environment exceeding one bar at tunneling work, one medical lock is provided for every one hundred building workers or part thereof and such medical lock is situated as near as possible to the main lock used at such tunneling work. Chapter-XIV Construction, Repair and Maintenance of Staff Roof ### 167. Work on a steep roofs. - The employer shall ensure at a construction site of building or other construction work that all practicable measures are provided to protect the building workers against sliding when carrying out work on steep roofs. ### 168. Construction and Installation of roofing brackets. - The employer shall ensure at a construction site of a building or other construction work that- (a) roofing brackets are constructed to fit the pitch of steep roof and such brackets are used to provide level working platform; (b) a roofing bracket referred to in clause (a) is secured in its place by nailing pointed metal, projections attached to the underside of such bracket and securely driven into a steep roof on which it is used or secured by a rope passed over the ridge pole and tie of such roof. ### 169. Crawling boards. - The employer shall ensure at a construction site of a building or other construction work that; (a) all crawling boards used for work on steep roofs are of adequate strength, made of sound material and of the type approved for the purpose of their use as per relevant national standards; (b) crawling board referred to in clause (a) are kept in good repairs and inspected by a responsible person before being taken into use; (c) crawling board referred to in clause (a) is secured to a steep roof on which it is used by ridge hooks or other effective means; (d) a firmly fastened life line of adequate strength is strung beside each crawling board referred to in clause (a) throughout its length while using such crawling boards. Chapter-XV Ladders and Step-Ladders ### 170. Construction and safe use. - The employer shall ensure at a construction site of a building or other construction work that :- (a) every ladder or step-ladder used in building or other Construction work is of good construction made of sound material and of adequate strength for the purpose for which such ladder or step-ladder is used; (b) when a ladder is used as a means of communication,such ladder is lashed to a fixed structure so that while working on such ladder is does not slip; (c) a ladder or step-ladder does not stand on loose bricks or other loose packing and has a level and firm footing; (d) where it is required, in case of use of fixed ladders, sufficient foot-hold and hand hold are provided for use by the building workers; (e) every ladder is; (i) secured so as to prevent undue swaying; (ii) equally and properly supported on each of its upright; (iii) so used as not to cause undue sagging; and (iv) placed as nearly as possible at an inclination of four in one; (f) the use of all ladders and step-ladders conform to the relevant national standards for their use; ### 171. Rungs. - The employer shall ensure at a construction site of a building or other construction work that no ladder is used which has a missing or defective rung or a rung which depends for its support solely on nails, spikes or other similar fixing. ### 172. Materials or ladders. - The employer shall ensure at a construction site of a building or other construction work that all wooden ladders used in building work- (a) are constructed upright of adequate strength and are made of straight-grained wood, free from defects and having the grain of such wood, free from defects and having the grain of such wood running lengthwise; (b) have rung made of straight-grained wooed free from defects and mortised or securely notched into the upright; and (c) have reinforcing metal ties, if the tenons of such ladders are not secured by wedges. Chapter-XVI Catch Platform and Hoardings, Chutes, Safety Belts and Nets ### 173. Catch platforms. - The employer shall ensure at a construction site of a building or other construction work that (a) catch platform is not used for storage of material or as a working platform; (b) catch platform is at least two meters wide and is inclined so that the position of outer edge of such platform is fifteen hundred millimeters higher than the inner edge; (c) the open end of catch platform is properly fenced to the height not less than one metre. ### 174. Hoardings. - The employer shall ensure at a construction site of building or other construction work that hoardings are constructed when the Chief Inspector consider it necessary for protection of building workers and directs such employer to construct such hoardings. ### 175. Chutes, its construction and use. - The employer shall ensure at a construction site of a building or other construction work that:- (a) wooden or metal chutes which are at an angle of more than forty five degrees to the horizontal and used for the removal of materials are closed on all sides except at their openings used for receiving or discharging of materials-or articles; (b) all openings of chutes except their top openings are closed when not in use; (c) every chute; (i) is constructed of sound material, strength and is suitable for the purpose it is intended for use; (ii) exceeding twelve metres in neight is constructed in accordance with the design and drawings of a professional engineer for such construction and approval of the Chief Inspector. (d) a suitable warning notice is displayed at conspicuous location, written in Hindi and in a local language, at the discharge end of every chute; (e) every chute is cleared when debris has accumulated to a height which can pose danger to building worker but such clearance is done in no case less frequently than once a day. ### 176. Safety belt and its use. - The employer shall ensure at a construction site of a building or other construction work that (a) safety belt, life lines and devices for the attachment of such life lines conform to the relevant national standards; (b) every building worker is supplied with safety belt and safety life lines for his protection and such building worker used such belts and life lines during the performance of his work; (c) all building workers using safety belts and safety life lines have the knowledge of safe use and maintenance of such belts and life lines and are supplied with necessary instructions. (d) The responsible person for supervising the use of safety belts and safety life lines-referred to in clause(b) inspected and ensure that such safety belts and life lines are fit for use before taken into use at every time. ### 177. Safety net its use. - The employer shall ensure at a construction site of a building or other construction work that (a) every safety net is of adequate strength made of sound material and is suitable for use and conforms to the relevant national standards; (b) the responsible person for maintenance of safety nets and their use ensure safe fixing of such safety nets and provides such safety nets with suitable and sufficient anchorage so that the purposes for which such safety net is intended for use is served; ### 178. Storage of safety belts and nets, etc. - The employer shall ensure at a construction site of a building or other construction work that proper arrangement is made for the safe storage of safety belts, safety life lines and safety nets when they are not in use and are protected against mechanical damage, damages from chemicals and damages from biological agents. Chapter-XVII Structural Frame and Form Work ### 179. General Provision. - The employer shall ensure at a construction site of a building or other construction work that- (a) the trained building worker under the direct supervision of a person, responsible for structural frame and form work, are employed for erection of such structural frame or form work, dismantling of building and structure and performance of an engineering work, form work, false work and shoring work; (b) adequate measures are taken to guard against hazards arising from any temporary state of weakness or unsuitability of a structure; ### 180. Form work, false work and shoring. - The employer shall ensure at a construction site of a building or other construction work that (a) form work and false work are so designed, constructed and maintained that such form work and false work support the load that may be imposed on them; (b) such form work is so erected that working platform, means of access, bracing, means of handling and stabilishing could easily be fixed with such form work. ### 181. Erection or dismantling of steel and prefabricated structure. - The employer shall ensure at a construction site of a building or other construction work that- (a) the safety of building workers employed for the erection or dismantling of steel structures and prefabricated structures is ensured from danger by using appropriate means, namely (i) ladders, gangways or fixed platforms; (ii) platforms, buckets, boatswain's chair or other appropriate means suspended from lifting appliances; (iii) safety harness, lifelines,catch net or catch platform; (iv) power-operated mobile working platform; (b) the work of erection or dismantling of buildings or structures or form work or false work or shoring or any other civil engineering work is Carried out by trained building workers under the supervision of a person responsible for such work; (c) steel or prefabricated structures are so designed and made that such structures can be safely transported or erected; and weight of each unit of such structures is clearly marked on such unit; (d) the design of each such part maintains stability of each part of the structures referred to in clause (a) and clause (c), when erected and to prevent danger, the design shall explicitly take into account- (i) the relevant conditions and methods of attachment in the operations of stripping, transport, storing and temporary support during erection of such parts; and (ii) safeguards, such as provision of railings with working platforms, and such mounting such railings and platforms easily on the structural steel or prefabricated parts; (e) the hooks and other devices built in or provided on the structural steel or prefabricated parts that are required for lifting and transporting such parts are so shaped, dimensioned and positioned to withstand the stresses to which such hooks or other devices are subjected; (f) prefabricated parts made of concrete are not stripped or erected before such concrete has set and hardened sufficiently to the extent provided for in the plans, and such parts are examined by the responsible person for any sign or damage before their use; (g) store places are so constructed that- (i) there is no risk of structural steel or prefabricated parts falling or overturning; (ii) storage conditions generally ensue stability and avoid damage having regard to the method of storage and atmospheric conditions; and (iii) racks are set on firm ground and designed so that units cannot move, accidentally in such store places; (h) structural steel or prefabricated parts are not subjected to stresses prejudicial to their stability while they are stored or transported or raised or set down. (i) tongs, clamps and other appliances for lifting structural steel and prefabricated parts are- (a) in such shape and dimensions as to ensure a secure grip without damaging such parts; and (b) marked with the maximum permissible load in the most unfavourbale lifting conditions; (j) structural steel or prefabricated parts are lifted by such methods and appliances that prevent them from spinning accidentally. (k) structural steel or prefabricated parts are provided with railings and working platforms before raising such parts to prevent any danger of falling of building workers, materials or articles at the time of any work with such parts; (l) all reasonably practical measures are taken to avoid injury to building workers, building structure or equipment while structural steel or prefabricated parts are handled or stored or transported or raised or lowered; (m) structures are not worked on during violent storms or high winds or any other such hazardous situation; (n) the risk of falling to which building workers, moving on high or sloping girders,may be exposed is limited by all means of adequate collective protection or by the use of a safety harness which is well secured to a sufficiently strong support; (o) structural steel parts which are to be erected at a great height are, as far as practicable, assembled on the ground; (p) when structural steel or pre-fabricated parts are being erected, a sufficiently extended area underneath the work place shall be barricated or guarded; (q) steel trusses which are being erected are adequately shored, braced or guyed until they are permanently secured in position; (r) structural members are not forced into place by the hoisting machine while any building worker is in such a position that he is likely to be injured by such operation; ### 182. Form work. - The employer shall ensure at a construction site of building or other construction work that - (a) all form work are properly designed keeping in view the safety of building workers, building or structures; (b) a responsible person for structural frame and form work- (i) inspects and examines the material, timber, structural steel land scaffolding for its strength and suitability before being taken into use; (ii) lays-down procedures to cover all stages of such structural frame and form work; (iii) supervises such structural frame and form work; (iv) takes all necessary steps or measures to correct any situation with a view to prevent accident or dangerous occurrence during performances of such structural frame and form work; ### 183. Deshoring. - The employer shall ensure at a construction site of building or other construction work that- (a) when shoring is removed, sufficient props are left in place of such shoring to prevent any possible hazard; (b) deshoring is adequately braced or tied together with support to prevent any hazard. Chapter-XVII Stacking and Unstacking ### 184. Stacking and unsticking of materials and articles. - The employer shall ensure at a construction site of a building or other construction work that- (a) where stacking and unstacking, stowing or unstowing of construction material or article, or handling in connection therewith cannot be safely carried out unaided, reasonable measures to guard against accident or dangerous occurrences are taken by shoring or otherwise to prevent any danger likely to be caused by such handling; (b) stacking of material or article is made on firm foundation not liable to settle and deviate such material or article and does not overload the floor on which such stacking is made; (c) the material or articles, are not stacked against partition or walls of a warehouse or store place unless it is known that such partition or the wall is of sufficient strength to withstand the pressure of such materials or articles; (d) the materials or articles are not stacked to such a height and in such a manner as would render the pile of such stack unstable and cause hazards to the building workers or the public in general; (e) where the building workers are working on stack exceeding one point five metres in height, safe means of access to the stack is provided; (f) all stacking or unstacking operations are performed under the supervision of responsible person for such stacking or unstacking; (g) the stacking of construction materials or articles is not made near the site of excavation, shift, pit or any other such opening; (h) stacks which may lean heavily or become Unstable or collapse are barricaded. ### 185. Stacking of cement and other material bags. - The employer shall ensure at a construction site of a building or other construction work that,- (a) a stack pile is not more than ten bags in height unless such stack pipe is stacked in a suitable enclosure or otherwise adequately supported; (b) while removing bags from the stack pile, the stability of such stack pile is ensured; (c) bags containing cement or lime are stored in dry places; (d) the materials like bricks, tiles or blocks are stored on a firm ground; (e) reinforcing steel is stored according to its shape, size and length; (f) stack of reinforcing steel is kept as low as possible; (g) no pipe is stored on rack or in stack where such pipe is likely to fall by rolling; (h) the angel of repose is maintained where loose materials are stacked; (i) when dust ladden material is to be stored or handled, measures are taken to suppress the dust produced by such storing or handling and suitable personal protective equipment are supplied to and used by the building workers working for such storing or handling. Chapter-XIX Scaffold ### 186. Scaffold construction. - The employer shall ensure at a construction site of a building or other construction work that- (a) every scaffold and every component thereof is of adequate construction, made of sound material and free from defects and is safe for the purpose of which it is intended for use; (b) in case bamboo is used for scaffolding, such bamboo is of suitable quality, good condition, free from protruding knots an stripped off to avoid any injury to building workers during handling such bamboo; (c) all metal scaffolds used in building or other construction work conform to the relevant national standards. ### 187. Supervision by a responsible person. - The employer shall ensure at a construction site of a building or other construction work that no scaffold is erected, added, altered or dismantled except under the supervision of a responsible person for such erection, addition, alteration or dismantling. ### 188. Maintenance. - The employer shall ensure at a construction site of a building or other construction work that- (a) the scaffold used in building or other construction work is maintained in good repairs and the measures are taken against its accidental displacement or any other hazard; (b) no scaffold or part thereof is partly dismantled and allowed to remain in such a condition unless; (i) the stability or safety of the remaining portion of such scaffold has been ensured by a responsible person for the safety of such scaffolds; (ii) in case the remaining part of such scaffold cannot be used by the building workers, necessary warning notice written in Hindi and in a language understood by the majority of the building workers that such scaffold is unfit for use, is displayed at the place where such scaffold is erected; ### 189. Standards, ledger, putlogs. - The employer shall ensure at a construction site of a building or other construction work that,- (a) standards of a scaffold are- (i) plumb, where practicable; (ii) fixed sufficiently close together to secure the stability of such scaffold having regard to all the possible working situations and conditions for the intended use of such scaffold; (iii) spaced, as close as practicable, to ensure safety and stability of such scaffold; (b) adequate measures are taken to prevent displacement of a standard of a scaffold either by providing sole plate or a base plate, as necessary; (c) ledgers or metal scaffold are placed at vertical intervals with due regard to safety and stability of such scaffold; (d) bamboo ledgers are kept as nearly as possible and are placed and fastened to the standards of a scaffold with due regard to the stability of such scaffold. ### 190. Working platform. - The employer shall ensure at a construction site of a building or other construction work that (a) Working platform is provided around the face or edge or a building adjoining at every upper most permanent floor of such building under construction and at any level where construction work of such building is carried out; (b) A platform is designed to suit the number of building workers to be employed on each day of a scaffold work on such platform and the materials or articles and tools to be carried with them in such day; (c) The safe working load and the number of building workers to be employed in each day of a scaffold are displayed for the information of all the building workers employed at such construction site. ### 191. Board, plank and decking. - The employer shall ensure at a construction site of a building or other construction work that- (a) board, plank and decking used in the construction of a working platform is of uniform size and strength and is capable of supporting the load and number of building workers in accordance with the relevant national standards keeping in view the safety of such building workers; (b) metal decking, which forms part of a working platform, is provided with non-skid surface; (c) no board or plank which forms the working platform is projected beyond its end support unless it is effectively prevented from tripling or lifting; (d) board, plank or decking is fastened and secured; (e) at anyone time, not more than two working platforms per day, are used to support building workers or materials or articles at such day; (f) adequate measures are taken to prevent injury which may be caused by falling material land objects by using safety nets or other suitable means; (g) concrete, other debris or materials are not allowed to accumulate at any platform on a scaffold; (h) where a work is to be done at the end of a wall, working platform at such workplace is faced or, wherever practicable, at last zero point sixty metres beyond the end of such wall. ### 192. Repair of damaged scaffold. - The employer shall ensure at a construction site of a building or other construction work that- (a) no building worker is permitted to work on a scaffold which has been damaged or weakened unless adequate safety measures have been taken to ensure the safety of such building workers; (b) necessary warning signs are displayed at such places where repairs of scaffold are undertaken; ### 193. Opening. - The employer shall ensure at a construction site of a building or other construction work that- (a) there is no opening in any working platform except for allowing access to such working platform; (b) wherever opening on a platform is unavoidable, necessary measures for protection against falling of objects or building workers from such platform are taken by providing suitable safety nets, belts or any other similar means; (c) access-from one working platform to another platform on a scaffold, if required, is provided with suitable and safe ladder for the use of building workers working on such platforms; ### 194. Guard rails. - The employer shall ensure at a construction site of a building or other construction work that every side of a working platform from which a person is liable to fall is provided with suitable and safe guardrails and toe board of adequate strength to prevent fall of any building work, material or tools from such platform. ### 195. Scaffold used by building workers of different employers. - The employer shall ensure at a construction site of a building or other construction work that- (a) where a scaffold or a part of a scaffold is used, which has previously been used by another employer for his building workers, such a scaffold or part thereof is used only after its inspection and examination by a responsible person for its use that such scaffold or part is safe and fit for such use. (b) if any rectification, alteration or modification in a scaffold or part thereof is needed to suit its use, such rectification, alteration or modification is made in consultation with the responsible person referred to in clause (a) before using such scaffold or part. ### 196. Protection against electric power line. - The employer shall ensure at a construction site of a building or other construction work that all necessary and practical measures for protection are taken to prevent any building worker, working on a scaffold, from coming into contact with the electric wires or dangerous equipment. ### 197. Screening net and wire nets. - The employer shall ensure at a construction site of a building or other construction work that where a scaffold is erected in an area where the construction activities may pose hazards to pedestrians or vehicular traffic nearby from the falling of objects, wire nets or screening nets are used to envelope such scaffold. ### 198. Tower scaffold. - The employer shall ensure at a construction site of a building or other construction work that- (a) the height of every tower scaffold used in building or other construction work is not more than eight times, the lesser of a base dimension of such scaffold; (b) a tower scaffold is lashed to a building or a fixed structure before being used by the building workers; (c) any tower scaffold which can be moved or castered is- (i) constructed with due regard to the stability and, if necessary, adequately weighted at the base; (ii) used only on plain and even surface; and (iii) has casters provided with positive locking devices to hold such scaffold in position; (d) no building worker remains on board scaffold, tools, material when it is being shifted from one position to another position. ### 199. Gear for suspension of scaffold. - The employer shall ensure at a construction site of a building or other constriction work that- (a) Chains, ropes or lifting gears used for suspension for a scaffold are of adequate strength, made of sound material and suitable for the purposes of their use and are maintained in good repairs; (b) Chains, wires, ropes or metal tubes used for the suspension of a scaffold are- (i) properly and securely fastened to every anchorage point and to be scaffold ledgers of other main supporting members used for the support of such scaffold; and (ii) so positioned as to ensure stability of the scaffold; ### 200. Trestle scaffold and cantilever scaffold. - The employer shall ensure at a construction site of a building or other construction work that- (a) no trestle scaffold is constructed with more than three tiers or if its working platform is more than four point five meters above the ground or floor or other surface upon which such scaffold is erected, such trestle scaffold is designed by professional engineer and has the approval of Chief Inspector before being taken into use; (b) no trestle scaffold is erected on a suspended scaffold; (c) no cantilever or jib scaffold is used unless it is adequately supported, fixed and anchored on opposite side of its support has out-riggers of adequate length and where necessary sufficiently supported and braced to ensure safety and stability of such scaffold; (d) no working platform resting on bearers let into a wall at one end and without other support is used unless such bearers are of adequate strength, braced through the wall and securely fastened on the other side. ### 201. Scaffold supported by building. - The employer shall ensure at a construction site of a building or other construction work that- (a) no part of a building is used as support or part of a scaffold unless such part of the building is made or sufficient strength and made of sound material to afford safe support; (b) overhanging eaves gutters are not used for supporting scaffold; (c) suspended scaffold is made of in accordance with the relevant national standards before being used by the building workers; ### 202. Use of winches and climbers for suspended scaffold. - The employer shall ensure at a construction site of a building or other construction work that- (a) no suspended scaffold is raised or lowered by winches or climbers unless such scaffold is made of sound material, adequate strength and has been tested and certified safe for use of winches or climber for such raising or lowering by a competent person being taken into use; (b) all suspended scaffolds counter balanced by counter weights are of types, approved by the Chief Inspector before being taken into use for building or other construction work; (c) the working platform of a suspended scaffold is securely fastened to the building or structure as to be safe and to prevent such platform from swing; (d) the safe working load which a suspended scaffold can carry, is displayed where such scaffold is being used. ### 203. Safety devices for suspended scaffold. - The employer shall ensure at a construction site of a building or other construction work that every suspended scaffold, raised or lowered by the winches or climbers, is provided at each of its suspension point with a safety rope with automatic safety device mounted on each of such rope so that such safety rope with such automatic safety device supports the platform of such scaffold in the event of failure of the primary suspension wire ropes,winches, climbers or any part of the mechanism used for raising or lowering such suspended scaffolds: Provided that this rule shall not apply (a) where the platform of such scaffold is supported at two independent suspension wire rope at or near each end of such platform so that in the event of failure of one of such suspension wire rope, the other wire rope is capable of sustaining the weights of such platform and its load and prevent it from tilting; or (b) where a system is incorporated which operates automatically to support the platform of such scaffold and its load in the event of failure of the primary suspension wire rope of such scaffold. Chapter-XX Cofferdams and Caissons ### 204. General Provisions. - The employer shall ensure at a construction site of a building or other construction work that (a) every cofferdam and caisson is- (i) of good construction, sound material and of adequate strength; (ii) provided with adequate means for building workers to reach safely at the top of such cofferdam or caisson as the case may be, in the event of an in rush of water. (iii) provided with safe means of access to every place where building workers are employed in such cofferdam and caisson, as the case may be; (b) the work relating to construction, positioning, modification or dismantling of cofferdams or caissons is carried out under the supervision of a responsible person; (c) all cofferdams and caissons are inspected by a responsible person at intervals as specified by the Chief Inspector; (d) a building worker is allowed to work in a cofferdam or caisson after such cofferdam or caisson is inspected and found safe by responsible person within such preceding period as approved by the Chief Inspector of such inspection is maintained in a register. (e) The work in compressed air in a cofferdam or caisson is- (i) Carried out in accordance with the procedure laid down in the relevant national standards; (ii) Carried out by such building workers who have completed eighteen years of age and are medically examined as required under rule 221; (iii) Carried out under the supervision of a responsible person; (f) if the work in cofferdam or caisson is carried out in shifts, a record of the time spent by each building worker in each such shift for carrying out the work is maintained in a register with particulars of time taken for the compression of such building worker, if any; (g) at every work site or project in a cofferdam or caisson, where building workers are employed to work in compressed air environment, a construction medical officer assisted by a nurse or trained first-aid attendant, is available at all times at such site or project during such work; (h) there is one stand by reserve compress or to meet the emergency at each work place or project in a cofferdam or caisson. ### 205. Pressure Plant and equipment. - The employer shall ensure at a construction site of a building or other construction work that- (a) the pressure plant and equipment- (i) are examined and tested by the competent person before being put into use for such work; (ii) is of proper design and construction, sound material and adequate strength to perform the work for which it is used; (iii) is properly maintained in good repairs and working condition. (b) the pressure plant and equipment referred to in clause(a) is fitted with- (i) a suitable safety valve or other effective device to provide maximum safe discharge pressure from being exceeded at any time. (ii) a suitable pressure gauge with a dial range not less than one point five times and not exceeding twice the maximum working pressure, easily visible and designed to show at all times, the internal pressure in kilogram per square centimeter and marked with the maximum safe working pressure at such plant and equipment. (iii) A suitable stop valve or valves by which the pressure plant or the system of the pressure plant may be isolated from the source of supply of pressure or otherwise. (c) every pressure plant or equipment shall be thoroughly examined by the competent person- (i) externally, once in every period of six months; (ii) internally, once in every period of twelve months; and (iii) by hydraulic test once in a period of four years. Chapter-XXI Safety Organisation ### 206. Safety Committees. (1) Every establishment herein five hundred or more building workers are ordinarily employed, there shall be a safety committee constituted by the employer which shall be represented by equal number of representatives of employer and building workers employed in such establishment. In no case the number of representatives of the employer shall exceed the representatives of building workers employed in such establishment. The Committee shall be represented by representatives of the recognised union wherever such unions exist. (2) The main functions of the safety committee shall be- (a) to identify probable causes of accident and unsafe practices in building or other construction work and to suggest remedial measures. (b) to stimulate interest of employer and building workers in safety by organising safety weeks safety competition talks and film shows on safety preparing posters or taking similar other measures as and when required or as necessary; (c) to go round the construction site with a view to check unsafe practices and detect unsafe conditions and to recommend remedial measures for their rectification including First Aid Medical and welfare facilities. (d) to look into the health hazards associated with handling different types of explosives chemicals and other construction material and to suggest remedial measures including use of proper personal protective equipment. (e) to suggest measures for improving welfare amenities in the construction site and other miscellaneous aspects of safety health and welfare in building or other construction work. (f) to bring to the notice of the employer the hazards associated with use handling and maintenance of the equipment Used during the course of building and other construction work. (3) The safety committee shall meet at regular intervals at least once in a month and it shall be chaired by the senior person having overall control over the affairs of the construction site. (4) The agenda and minutes of the meeting shall be circulated to all concerned and it shall be in the language understood by majority of the building workers and shall be produced to the Inspector on demand for inspections. (5) The decisions and recommendations of the safety committee shall be compiled with by the employer within reasonable time. ### 207. Safety Officer. (1) In every establishment wherein five hundred or more building workers are ordinarily employed, the employer shall appoint safety officers as per the scale laid down in Schedule-VIII. Such safety officers may be assisted by suitable and adequate staff. (2) Duties, qualifications and the condition of service of safety officers appointed under sub-rule (1) shall be as provided in Schedule-VIII. (3) Wherever number of workers employed by single employer is less than five hundred such employers may form a group and appoint a common safety officer for such group of employers with prior permission of Chief Inspector. ### 208. Reporting of accidents. (1) Notice of any accident on the construction site which either- (a) causes loss of life; or (b) disables a building worker from working for a period of forty eight hours or more immediately following the accident, shall forthwith be sent by telegram, telephone, fax or similar other means including special messenger within four hours in case of fatal accidents and seventy two hours, in case of other accidents involving building worker to- (i) the Regional Labour Commissioner (Central), having jurisdiction in the area in which the establishment in which such accident or dangerous occurrence took place is located. Such Regional Labour Commissioner (Central) shall be the authority appointed under Section 39 of the Act. (ii) Board with which the building worker involved in accident was registered as a beneficiary; (iii) Chief Inspector; and (iv) The next in kin or other relative of building worker involved in accident. (2) Notice of any accident at a construction site of a building or other construction work which- (a) causes loss of life; or (b) disables such building worker from work for more than ten days following the accident, shall also be sent to- (i) the officer in-charge of the nearest police station; (ii) The District Magistrate or if the District Magistrate by order so desires to the Sub-Divisional Magistrate. (3) In the case of an accident falling under clause(b) of sub-rule (1) or clause (b) of sub-rule (2) the injured building worker shall be given first-aid and immediately thereafter be transferred to a hospital or other places for medical treatment. (4) Where any accident causing disablement subsequently result in death of a building worker, notice in writing of such death shall be communicated to the authorities as mentioned in sub-rule (1) and sub-rule (2) within seventy two hours of such death. (5) The following classes of dangerous occurrences shall be reported to the Inspector having jurisdiction, whether or not any death or disablement is caused to a building worker, in the manner prescribed in sub-rule (1), namely :- (a) collapse or failure of lifting appliances or hoist or conveyors or other similar equipment for handling building or construction material or breakage or failure of rope, chain or loose gears; over turning of cranes used in building or other construction work; falling of objects from height; (b) collapse or subsidence of soul, any wall, floor, gallery, roof or any other part of any structure, platform, staging, scaffolding or any means of access including form work; (c) contact work, excavation, collapse of transmission. (d) Explosion of receiver or vessel used for storage, at a pressure greater than atmospheric pressure, of any gas or gases or any liquid or solid used as building material; (e) Fire and explosion causing damage to any place on construction site where building workers are employed; (f) Spillage or leakage of hazardous substances and damage to their container; (g) Collapse, capziging toppling or collision of transport equipment; (h) Leakage or release of harmful toxic gases at the construction site. (6) In case of failure of a lifting appliance,loose gear, hoist or building and other construction-work machinery and transport equipment at a construction site of a building or other construction work, such appliances, gear, hoist, machinery or equipment and the site of such occurrence shall, as far as practicable, be kept undisturbed until inspected by the inspector having jurisdiction. (7) Every notice given under sub-rule (1), or sub-rule (2) or sub-rule (3) shall be followed by a written report to the Inspector, authority under Section 39 of the Act, the Board and the Chief Inspector in Form XIV annexed to these rules under proper acknowledgment. ### 209. Procedure for enquiry into causes of accident or dangerous occurrence. (1) The enquiry under Sub-section (2) or Sub-section (3) of Section 39 of the Act, as the case maybe, shall be conducted by the authority referred to in sub-clause (i) of clause (b) of sub-rule (1) of Rule 208, in the following manner, namely :- (a) the enquiry shall be commenced as early as it may be,and in any case, within fifteen days of the receipt of notice of accident or dangerous occurrence under Rule 208; (b) the enquiry may conducted by the authority referred to in sub-rule (i) of clause (b) of sub-rule (1) of Rule 208 himself or by an enquiry officer appointed by such authority; (c) the authority or enquiry officer, as the case may be, shall serve or cause to be served, notice in writing, informing the date, time and place of such enquiry to all persons entitled to appear in such enquiry and whose names and addresses are known to such authority or enquiry officer; (d) notwithstanding the provision of clause (b), for the purpose of notifying other persons who may in any way be concerned or be ; interested in such enquiry, the authority or enquiry officer, as the case may be, may publish notice of such enquiry in one or more local newspapers informing the date, time and place of such enquiry. (2) The person entitled to appear at the enquiry may include- (a) an inspector or any officer of the Central Government or the State Government or an undertaking or public body, concerned with the enforcement or compliance of safety provisions of the Act and these rules in the concerned establishment; (b) a trade union or a workers association or any employers' association; (c) the worker involved in the accident or his legal heir or authorised representative; (d) the owner of the premises in which the accident took place; (e) any other person, at the discretion of the authority or the enquiring officer, as the case may be, who may be interested in or be concerned with the cause of an accident or may have knowledge about such cause or is likely to give material evidence or produce a relevant document in connection with such accident or dangerous occurrence. (3) In case the entitled person referred to in sub-rule (2) is a body corporate, a company, or any other organisation, association, group of persons such group may be represented through an authorised representative including a counsel or a solicitor. (4) Subject to the provisions of sub-rule (5) the enquiry shall be held in public; (5) In cases where- (a) the Central Government is of the opinion that the matter of the enquiry or any part of it are of such nature that it would be against the interests of national security to hold the enquiry in public and directs the said authority or the enquiry officer, as the case may be, to hold the enquiry in camera; or (b) on an application made by an party to the enquiry, the authority or the enquiry officer, as the case may be referred to in sub-rule (1), if it or he is of the opinion that the holding of public enquiry will lead to disclosure of information relating to a trade secret, decides to hold the enquiry of such part of it in camera, such enquiry shall not be held in public. (6) Information disclosed by any person during the course of hearing or evidence in the cases covered under sub-rule (5) shall not be disclosed o any person except for the purpose of the enquiry. (7) The person entitled to appear under sub-rule (2), called for evidence or representing in an enquiry shall be entitled to make an opening statement, give evidence, request the enquiry officer to call for specified document or evidence, cross examination other person or to the extent and at the stage permitted by the authority or enquiry officer holding the enquiry. (8) Any evidence in an enquiry may be admitted at the discretion of the authority or enquiry officer during the enquiry, who may, also direct that documents to be tendered in evidence may be inspected by any person entitled or permitted to appear at such enquiry and that facilities be afforded to such person to take or obtain copies thereof. (9) The authority or the enquiry officer holding an enquiry may authorise any person, being an officer of the State Government, to assist such authority or enquiry officer where necessary for the purpose of conducting the enquiry, and the officer so authorised may enter the premises of the concerned establishment during working hours, inspect the records relevant to such enquiry, investigate and take such evidence as may be required to conduct such enquiry. (10) The findings of the enquiry along with all evidence, in original, including statements or witnesses shall be forwarded to the authority specified under Section 39 of the Act within five days of the completion of the enquiry in cases where such enquiry was not conducted by such authority itself. (11) A copy of the findings along with a brief statement of facts relating to an enquiry conducted under this rule shall be forwarded to the Chief Inspector and the Central Government by the authority referred to in sub-rule (1) of rule 208. Chapter-XXII Explosives ### 210. Handling of explosives. - The employer shall ensure at a construction site of a building or other construction work that- (a) all explosives are handled, used or stored in accordance with the instructions and the material data sheet supplied by the manufacturer of such explosives; (b) the use of explosives is carried out in safe manner to avoid injury to any person and under the direct supervision of a responsible person. (c) before using any explosive, necessary warning and danger signals are erected, at conspicuous places of such use to warn the building workers and the general public of the danger involved in such use. ### 211. Precautions. - The employer shall ensure at a construction site of a building or other construction work that- (a) notwithstanding the provisions of Rule 210 the following precautions are observed at the places of transporting, handling, storage and use of such explosives, namely :- (i) prohibition of smoking, namely lights and other sources of ignition in the vicinity where explosives are handled, stored and used; (ii) to keep safe distance and to use non-sparking tools while opening packages containing explosives; (iii) to stop the use of explosives and handling thereof while the weather conditions are not suitable for such use or handling; (b) in addition to the provisions of this chapter, all measures and precautions required to be observed for use, handling, storing or transportation of explosives under the rule framed under the Explosives Act, 1884 (Central Act No. 4 of 1884) are observed. Chapter-XXIII Piling ### 212. General Provisions. - The employer shall ensure at a construction site of a building or other construction work that (a) all pile driving equipment are of good design and sound construction, taking into account the ergonomic principles and are properly maintained; (b) a pile driver is firmly supported on a heavy timber sill, concrete bed or other secured foundation; (c) in case a pile driver is required to be erected in dangerous proximity to an electrical conductor all necessary precautions are taken to ensure safety; (d) the hoses of steam and air hammer are securely lashed to such hammer so as to prevent them from whipping in case of connection or break; (e) adequate precaution is taken to prevent the pile driver from over turning; (f) all necessary precaution is taken to prevent hammer from missing the pile; (g) a responsible person for inspecting pile driving equipment, inspects such equipment before taking it into use and takes all appropriate measures as required for the safety of building workers before commencing piling work by such equipment. ### 213. Stability of adjacent structure. - The employer shall ensure at a construction site of a building or other construction work that where there is any question of stability of a structure for its adjoining areas to be piled, such structure is supported, where necessary,by underpinning, sheet piling, shoring, bracing or by other means to ensure safety and stability of such structure and to prevent injury to any person. ### 214. Protection of operator. - The employer shall ensure at a construction site of building or other construction work that an operator of pile driving equipment is protected from falling objects, steam, cinders or water by substantially covering or otherwise or by other means. ### 215. Instruction to and supervision of building workers working on a pile driving equipment. - The employer shall ensure at a construction site of a building or other construction work that every building worker working on a pile driving equipment is given instructions regarding safe work procedure to be followed in piling operation and is supervised by a responsible person throughout such work. ### 216. Entry of unauthorised person. - The employer shall ensure at a construction site of a building or other construction work that all piling areas where pile driving equipment is in use are effectively cordoned off to prevent entry of un-authorised persons. ### 217. Inspection and maintenance of the pile driving equipment. - The employer shall ensure at a construction site of a building or other construction work that- (a) pile-driving equipment is not taken into use until it has been inspected by a responsible person and found to be safe for each use. (b) pile-driving equipment in use is inspected by a responsible person for such inspection at suitable intervals to ensure safety to the building worker working on such equipment; (c) all pile lines and pulley blocks are inspected by a responsible person before the beginning of each shift of piling operations. ### 218. Operation of pile driving equipment. - The employer shall ensure at a construction site of a building or other construction work that- (a) only experienced and training building worker operators pile-driving so as to avoid any probable danger from such operation; (b) pile driving operations are governed by generally prevalent and accepted signals so as to prevent any probable danger from such operation; (c) every building worker employed in pile driving operation or in the vicinity of such pile driving operation wears, ear protection and safety helmet or hard hat and safety shoes. (d) piles are prepared at a distance, at least equal to twice the length of the longest pile, from the place of pile-driving operations; (e) when a pile driver is not in use, the hammer of such pile driver is blocked at the bottom of the heads of such pile driver. ### 219. Working Platform on piling frames. - The employer shall ensure at a construction site of a building or other construction work that where a structural tower supports the lead of a pile driver, suitable working platforms of adequate strength are provided on levels of such leads at which it is necessary for the building workers to work and such platforms are provided with a safety railing and toe boards on each side of such platforms, except on the hammer of such pile driver or lead sides of such platform and where such platforms cannot be provided with such railing and toe boards, a safety belt is provided to each such building worker. ### 220. Pile testing. - The employer shall ensure at a construction site of a building or other construction work that- (i) the testing of pile is conducted under the supervision of a responsible person for such testing; (ii) all practicable measures like displaying of warning notices, barricading the area and other similar measures are taken to protect the area where the pile testing is carried out; (iii) entry to a pile testing area is prohibited to general public to ensure safety. Chapter-XXIV Medical Facilities ### 221. Medical examination of building workers etc. - The employer shall ensure at a construction site of a building or other construction work that- (a) (i) a building worker who is employed for a work involving such risk or hazards, inherent in such work as the Chief Inspector considers appropriate for the periodical medical examination of such worker, is medically examined at such intervals as the Chief Inspector may direct from time to time. (ii) every operator of a crane, winch or other lifting appliance, transport equipment or vehicle, is medically examined before employing such operator and again periodically, at such intervals as the Chief Inspector may direct from time to time; (iii) the medical examination referred to in sub-clause (i) and sub-clause (ii) is in accordance with Schedule VII, and is conducted by such medical officers or at such hospitals as approved by the State Government for the purpose from time to time; (iv) in case of a building worker who is exposed to special occupational health hazard owing to job or work assigned to such workers, the periodical medical examination referred to sub-clause(i) or sub-clause (ii) includes such special investigation as may be deemed necessary by the construction medical officer examining such building worker for the diagnosis of occupational disease. (b) no building worker is charged for the medical examination referred to in sub-clause (i) or sub-clause (ii) of clause (a) and the cost of such examination is borne by the employer employing such building worker; (c) certificate of medical examination referred to in sub-clause (i) or sub-clause (ii) of clause(a) is issued in Form-XI annexed to these rules. (d) the record of the medical examination referred to in sub-clause (i) or sub-clause (ii) of clause (a) of every building worker employed by him is maintained in a register in Form-XII annexed to these rules and such register shall be made available to the inspector having jurisdiction, demand. (e) in case a construction medical officer examining a building worker under sub-clause (i) or sub-clause (ii) of sub-clause (a) is of the opinion that such building worker so examined is required to be taken away from the building or other construction work at which he is employee for health protection, such medical officer shall inform the employer of such building worker accordingly and such employer shall inform such opinion to the Board where such worker is registered as a beneficiary. ### 222. Duties of construction medical officers. (1) The medical examination referred to in sub-clause (i) or sub-clause (ii) of clause(a) of Rule 221 shall be carried out by a construction medical officer. (2) The duties and responsibilities of such construction medical officer shall be as given below, namely :- (a) medical examination of building worker; (b) first-aid care including emergency medical treatment; (c) notification of occupational diseases to the concerned authorities in accordance with these rules; (d) immunization service; (e) medical record upkeep and maintenance; (f) health education including advisory services on family planning, personal hygiene, environmental sanitation and safety; (g) referral services; ### 223. Occupational health centers. - The employer shall ensure at a construction site of a building or other construction work involving hazardous processes specified under Schedule-IX that- (a) an occupational health center, mobile or static, is provided and maintained in good order at such site; (b) services and facilities as per the scale laid down in Schedule-X, are provided at the occupational health center referred to in clause(a). (c) a construction medical officer appointed at a occupational health center possesses the qualification as laid down in Schedule-XI, ### 224. Ambulance Room. - The employer shall ensure at construction site of a building or other construction work that, (a) in case five hundred or less workers are employed at such construction site there is an ambulance room at such construction site or an arrangement with a nearby hospital for providing an ambulance room and such ambulance room is in the charge of a qualified nurse and the service of such ambulance room Is available to building worker employed at such construction site at every time when he is at work. (b) in case more than five hundred building workers are employed at such construction site there is an ambulance room with effective communication system and such ambulance room is in the charge of a qualified nurse and the service of such ambulance room is available to a building worker employed at such construction site at every time when he is at work, and such ambulance room is in overall charge of a construction medical officer. (c) an ambulance room referred to in clause (a) or clause (b) is equipped with the articles specified in Schedule IV, (d) record of all cases of accidents and sickness treated at the ambulance room referred to in clause(a) or clause (b) is maintained and produced to the inspector having jurisdiction on demand. ### 225. Ambulance Van. - The employer shall ensure at a construction site of a building or other construction work that an ambulance van is provided at such construction site or an arrangement is made with a nearby hospital for providing such ambulance van for transportation of serious cases of accident or sickness of the building workers to the hospital promptly and such ambulance van is maintained in good repair and is equipped with standard facilities specified in Schedule V. ### 226. Stretchers. - The employer shall ensure at a construction site of a building or other construction work that sufficient number of stretchers is provided at such construction site so as to be readily available in an emergency. ### 227. Occupational Health Services for Building Workers. (1) The employer shall ensure at a construction work, where more than five hundred building workers are employed that- (a) a special medical service or an occupational health service is available at such construction site at all times and such service shall.- (i) Provide first-aid and emergency treatment. (ii) Conduct special medical examination for occupational hazards to such building workers before their employment and thereafter at such intervals as may be specified by the Chief Inspector from time to time; (iii) Conduct training of first-aid personnel of such medical service; (iv) render advise to such employer on conditions of work and improvement required to avoid hazards to the health of such building worker. (v) Promote health education, including family welfare among such building workers; (vi) Cooperate with the inspector having jurisdiction in the detection, measurement and evaluation of chemical, physical or biological factors suspected of being harmful to such building workers; (vii) Undertake immunization for all such building workers against tetanus, typhoid, cholera and other infectious diseases. (b) the special medical service referred to in clause (a) colaborates with the labour department or any other concerned department or service of the Government of India in matters of treatment job placement accident prevention and welfare of such building workers. (c) the special medical service referred to in clause (a) is headed by a construction medical officer and is provided with adequate staff laboratory and other equipments; (d) the premises of the special medical service referred to in clause (a) are conveniently accessible comprise at least a waiting room, a consulting room, a treatment room, a laboratory and suitable accommodation for nurses and other staff of such service. (e) The special medical service referred in clause (a) maintains records pertaining to its activities referred to in sub-clause (i) to (vii) of clause (a) and sends to the Chief Inspector once in every three months information in writing on- (i) the State of health of such buildings workers and (ii) the nature and causes of occupational injuries or disease suffered by any of such building workers and measures taken to prevent recurrence of such injury or disease. ### 228. Notice of Poisoning or Occupation Diseases. - The employer shall ensure at a construction site of a building or other construction work that- (a) when a building worker contracts any disease specified in Schedule II a notice Form XIII annexed to these rules is sent without delay to the Inspector, having jurisdiction and to the board with which such building worker is registered as a beneficiary. (b) if any medical practitioner or construction medical officer attends on a building worker suffering from any disease referred to in clause (a) such medical practitioner or construction medical officer sends information regarding the name and full particulars of such building worker and the disease suffered by him, to the Chief Inspector without delay. ### 229. First Aid Boxes. - The employer shall ensure at a construction site of a building or other construction work that :- (a) Sufficient number of first aid boxes or cupboard are provided and maintained for providing first aid to the building workers; (b) Every first aid box or cupboard is distinctly marked. "First Aid" and is equipped with the articles specified in Schedule III; (c) Nothing except appliances or requisites for first-aid box of cupboard and such box or cupboard is so kept as to protect it against contamination by dust or other foreign matter and against penetration of moisture and such box or cupboard is kept in the charge of person trained in first aid and is always readily available during working hours. ### 230. Emergency care services or emergency treatment. - The employer shall ensure at a construction site of a building of other construction work that- (a) essential life saving aids and appliances required to handle- (i) Head injuries and spinal injuries; (ii) Bleeding; (iii) fractures and dislocations of bones and joints; (iv) crush injuries; (v) shock, including electric shock; (vi) dehydration due to any cause; (vii) snake bite, insect bite, scorpion and bee stings; (viii) burns, including chemical burns; (ix) bends or divers paralysis; (x) other surgical gynecological, obstetric or pediatric emergencies; (xi) drowning; (xii) sunstroke and frost bite to building workers; are provided and properly maintained under the supervision of a construction medial officer. (b) the essential life saving aids for any emergent situation referred to in sub-clause (i) to (xii) of clause (a) are provided to an injured or a sick building during his transportation from such building site to a hospital and till such.building worker is attended by a doctor in such hospital; (c) any other equipment or facilities required for emergency care or treatment to the building workers arising from special loan conditions and construction process at such building site, as specified by the State Government from time to time, are provided. Chapter-XXV Information to Bureau of Indian Standards ### 231. Furnishing of Information to Bureau of Indian Standards. - The employer shall ensure at a construction site of a building or other construction work that- (a) every architect and other professional like structural engineer or project engineer involved in the execution of a building or other construction project, furnishes to the Bureau of Indian Standards, the details regarding the performance of any deviations or short comings, if any, of the building materials, articles or processes used in such buildings and other construction project for which the Indian Standards are already available. (b) the architect and other professional referred to in clause (a) informs to Bureau of Indian Standards, the details of building material, articles or processes under in the building and other construction activities for which the Indian Standards do not exist with the Bureau of Indian Standards and the performance of such materials, articles or processes alongwith the suggestions for other improvement to enable the Bureau of Indian Standards to consider and form necessary standards. Part-IV Chapter-XXVI Hours of Work, Rest Intervals and Weekly off, Etc. ### 232. Hours of work, intervals of rest and spread over etc. (1) No building worker employed in building or other construction work shall be required or allowed to work for more than nine hours a day or forty eight hours a week. (2) No building worker employed in building or other construction work shall be required or allowed to work continuously for more than five hours unless he had an interval or rest of not less than half an hour. (3) The working day of a building worker employed in building or other construction work shall be so arranged that inclusive of the intervals of rest, if any, shall not spread over more than twelve hours on any day. (4) When a building worker works in any building or other construction work for more than nine hours on any day or for more than forty eight hours in any week, he shall, in respect of overtime work, be entitled to wages at double the ordinary rate of wages. ### 233. Weekly rest, payment for work done on the day of rest of overtime rate, etc. (1) Subject to the provisions of these rules, each building worker employed in building and other construction work shall be allowed a day of rest every week (hereinafter referred to as the rest day which shall ordinarily be Sunday, but the employer may fix any other day of the week as the rest day: Provided that the building worker shall be informed of the day fixed as the rest day and of any subsequent change in such rest day before the change is effected, by display of a notice to that effect in the place of employment at the place specified by the Inspector having jurisdiction in this behalf. (2) No building worker employed in building or other construction work shall be required or allowed to work on a rest day for a whole day on one of the five days immediately before or after such rest day: Provided that no substitution shall be made which results in a building worker working for more than ten days consecutively without a rest day for a whole day. (3) Where a building worker employed in building or other construction work has worked on a rest day and has been given a substituted rest day on any one of the five days before or after the rest day, as provided in sub-rule (1) and sub-rule (2), such rest day shall, for the purpose of calculating the weekly hours of work, be included in the week in which such substituted rest day occurs. (4) A building worker employed in building or other construction work shall be granted wages for a rest day, calculated at the rate applicable to the day preceding such rest day and in case he has worked on a rest day and has been given a substituted rest day he shall be paid wages for such rest day on which he worked, at the overtime rate and wages for such substituted rest day at the rate applicable to the day preceding such substituted rest day. Explanation I: - For the purpose of this rule "preceding day" means the last day preceding a rest day or a substituted rest day, as the case may be, on which a building worker had worked and where such substituted rest day falls on a day immediately after such a rest day, such "preceding day" means the last day preceding such rest day on which such building worker had worked. Explanation II: - For the purpose of this rule, "week" shall mean a period of seven days beginning at mid-night on a Saturday night. ### 234. Night Shifts. - Where a building worker employed in building or other construction work on a shift which extends beyond midnight- (a) a rest day for the purposes of Rule 233 shall mean a period of twenty four consecutive hours beginning from the time when such shift ends :- (b) the hours after midnight during which such building worker has worked shall be counted towards the previous day; and (c) the following day shall be deemed to be the period of twenty four hours beginning from the time when such shift ends. ### 235. Application of provisions of this chapter to certain classes of building workers. (1) The Provisions of this chapter shall apply to the classes of building workers specified under clauses (a) to (d) of Sub-section (2) of Section 28, of the Act subject to the following, namely :- (a) no building worker employed in building or other construction work shall be required or allowed to work for more than fifteen hours a day inclusive of intervals of rest of sixty hours in a week: Provided that intervals of rest not less than half an hour are given after every five hours of continuous work as laid down in sub-rule (2) of Rule 232. (b) no building worker employed in building and other construction work shall be required or allowed to work for more than fourteen consecutive days unless a rest of twenty four hours is given for rest for such worker. (2) Where the working hours in respect of a building worker employed in building or other construction work have exceeded the hours of work as laid down in sub-rule (1) of Rule 232 such worker shall be paid at double the rate of normal wages in respect of the work done in excess of such daily or weekly hours and for work done on such rest-day. Chapter-XXVII Notices, Registers Records and Collection of Statistics ### 236. Notice of wage periods. - Every employer shall cause to display at the conspicuous place of the work place of an establishment under his control, notice showing the rates of wages of the building workers working in such establishment, hours of work of such worker, their wage periods date of payment of such wages names and addresses of the Inspectors having jurisdiction to such establishment and date of payment of unpaid wages to such workers, in Oriya, English, Hindi and in the local language understood by the majority of such building workers. (2) A copy of the notice referred to in sub-rule (1) shall be sent to the inspector having jurisdiction and whenever any change occurs relating to facts contained in such notice, such change shall be communicated by the employer to such inspector. ### 237. Notice of commencement and completion. (1) Every employer shall, at least thirty days before the commencement of any building or other construction work under his control, send or cause to be sent to the Inspector having jurisdiction, a written notice intimating the actual date of the commencement, the probable date of completion and other such particulars as referred to in Sub-section (1) of Section 46 of the Act relating to such building or other construction work in Form IV; (2) Where any change occurs in any of the particulars furnished under sub-rule (1) the employer shall intimate such change to the inspector having jurisdiction within two days of such change. (3) Nothing contained in sub-rule (1) shall apply in case of such class of building or other construction work as the State Government may by notification specify to be emergent work. ### 238. Register of persons employed as building workers. - Every employer shall maintain in respect of each registered establishment where he employs building workers, a register in Form-XV, annexed to these rules. ### 239. Muster roll, wages, register, deduction register overtime register and issue of wage books and service certificates. (1) Every employer shall, in respect of each work on which he employs building workers maintain- (a) Muster roll and a register of wages in Form XVI and Form XVII: Provided that a combined register of wage-cum-muster roll in Form-XVIII annexed to these rules shall be maintained by the employer where the wage period for such building worker is a fortnight or less; (b) a register of deductions for damage of roll, register of fines and register of advances in Form-XIX Form-XX and Form-XXI respectively; (c) a register of overtime in Form-XXII annexed to these rules for recording therein the number of hours of and the wages paid for overtime work, if any. (2) Every employer shall, in respect of each work on which he engages building workers- (a) issues where the wage period is one week or more, wage book to each of such building worker in Form-XXIII annexed to these rules to such building workers in which entries shall be made at least a day prior to the disbursement of wages to them; (b) Issue a service certificate to each of such building worker in Form-XXIV annexed to these rules to such building workers on termination his service on account of completion of such work or for any other reason. (c) Obtain signature or thumb-impression of each such building worker against entries relating to him on the register of wages or muster roll-cum-wages register as the case may be and such entries shall be authenticated by the employer or his authorized representative. (3) In respect of an establishment to which the Payment of Wages Act, 1936 (4 of 1936), or Minimum Wages Act, 1948 (11 of 1948) or the Contract Labour (Regulation and Abolition) Act, 1970 (37 of 1970) applies the following registers and records required to be maintained by an employer under any of such Acts or the rules made thereunder, shall be deemed to be the registers and records maintained by the employer under these rules, namely (a) Muster roll; (b) Register of Wages; (c) Register of deductions; (d) Register of overtime; (e) Register of fines; (f) Register of advances; (g) Combined register of wages-cum-muster roll; (4) Notwithstanding anything contained in these rules, where a combined or alternative Form in lieu of any of Form specified under these rules, is sought to be used by an employer to avoid duplication of work for compliance with the provisions of any other Act or the rules framed thereunder or for administrative convenience, such combined or alternative Form may be used with the prior approval of the State Government. (5) Every employer shall display at the conspicuous place of the work site where he employs building workers,an abstract of the Act and these rules in English and in Hindi and in a language understood by the majority of such building workers. (6) Every employer shall ensure that the registers and other records required to be maintained complete and up-to-date and unless otherwise provided for are kept at an office or the nearest convenient building within the precincts of the concerned work place. (7) The register and other records relating to an establishment and required to be maintained under the Act or these rules, shall be maintained legibly in English, Oriya and in Hindi or in a language understood by the majority of the building workers employed in such establishment. (8) Every register or other record referred to in sub-rule (7) shall be preserved by the employer, with whom such register or other record belongs, in original for a period of three calendar years from the date of last entry therein. (9) Every register, record or notice maintained under the Act or these rules shall be produced or caused to be produced by the employer concerned on demand before the inspector or any other authority under the Act or any other person authorized by the State Government for such purpose. (10) In case, where during a wage period, no deduction has been made from the wage of a building worker or no fine has been imposed on such building worker or no overtime work has been performed by such building worker or no payment has been made for overtime work to such building worker, a nil entry shall be made against such wage period at the appropriate place in the relevant register maintained in Form XIX, XX, XXI or XXII as the case may be. ### 240. Returns. - Every employer of a registered establishment shall send annually a return relating to such establishment in duplicate in Form-XXV annexed to these rules to the registering officer having jurisdiction so as to reach him not later than the fifteenth February following the end of each calendar year with a copy to the inspector having jurisdiction. Chapter-XXVIII Welfare Building Workers ### 241. Latrine and Urinal accommodation. - Latrines or urinals, as the case may be, required to be provided under Section 33 of the Act shall be of the types as specified below, namely (a) every latrine shall be under cover and so partitioned off as to secure privacy, and shall have a proper door and fastenings. (b) where both male and female building worker are employed there shall be displayed outside each block of latrines or urinals a notice containing therein "For Men Only" "For Women Only" as the case may be written in the language understood by the majority of such workers; (c) every latrine or urinal shall be conveniently situated and accessible to building workers at all times; (d) every latrine or urinal shall be adequately lighted and shall be maintained in a clean and sanitary condition at all times; (e) every latrine or urinal other than those connected with a flush sewer system shall comply with the requirements of the public health authorities; (f) water shall be provided by means of a top or otherwise so as to be conveniently accessible in or near every latrine or urinal; (g) The walls, ceilings and partitions of every, latrine or urinal shall be white washed or colour washed once in every period of four months. ### 242. Canteens. (1) In every place wherein not less that two hundred and fifty building workers are ordinarily employed, the employer of such building workers shall provide an adequate canteen in the manner as specified in this rule for the use of such building workers. (2) The canteen, referred to in sub-rule (1) shall consist of a dining hall with furniture sufficient to accommodate building workers using such canteen, a kitchen, store room, pantry and washing place separately for building workers and utensils. (3) (i) The canteen referred to in sub-rule (1) shall be sufficiently lighted at all times when any person has accessed to it; (ii) the floor of such canteen shall be made of smooth and impervious material and inside walls of such canteen shall be lime washed or colour washed at least once in every six months: Provided that such inside walls of the kitchen of such canteen shall be lime washed once in every three months. (4) (i) The precincts of the canteen referred to in sub-rule (1) shall be maintained in a clean and sanitary condition. (ii) Waste water from such canteen shall be carried away in suitable covered drains and shall not be allowed to accumulate in the surroundings of such canteen. (iii) Suitable arrangements shall be made for the collection and disposal of garbage from such canteen; (5) Building of the canteen referred to in sub-rule (1) be situated at the distance not less than fifteen point two metres from any latrine urinal or any source of dust, smoke or obnoxious fumes. ### 243. Foodstuff to be served in the canteen. - The foodstuffs and other items to be served in the canteen, referred to in sub-rule (1) of Rule 242 shall be in conformity with the normal dietary habits of the building workers. ### 244. Serving of tea and Snacks at the work places. - At a building or other construction work where a work place is situated at a distance of more than zero point two kilometers from the canteen provided under sub-rule(1) of Rule 242, arrangement shall be made by the employer employing building workers at such place for serving tea and light refreshment to such building workers at such place. ### 245. Charges of Foodstuff. (1) The charges of foodstuffs beverages and other items served in the canteen provided under sub-rule (1) of Rule 242 shall be based on "no profit no loss" and the price list of such items shall be conspicuously displayed in such canteen. (2) In arriving at the prices of items referred to in sub-rule(1) the following shall not be taken into consideration as expenditure, namely :- (a) The rent for the land and building of such canteen; (b) The depreciation and maintenance charges for the building and equipment provided in such canteen; (c) The cost of purchase, repairs and replacement of equipment including furniture, crockery, cutlery, utensils and uniforms provided to the employees of such canteen; (d) the water charges and other charges incurred for lighting and ventilation of such canteen; and (e) the interest on the amount spent for providing and maintaining. Chapter XXIX Wage ---------------------- ### 246. Payment of Wages. - An employer shall ensure at a construction site or other construction work that- (a) the wages of every building worker employed at such construction site where less than one thousand such building workers are employed are paid before the expiry of the seventh day and in other cases before the expiry of tenth day after the last day of the period in respect of which such wages are payable; (b) In case the employment of such building worker is terminated by or on behalf of such employer the wages earned by such building worker are paid before the expiry of the second working day from the day on which employment of such building worker is terminated. (c) All payment of wages are made on a working day at such construction site and during the working time and on a date notified in advance and in case the work is completed the final payment of wages is made within forty eight hours of such completion of work. ### 247. Display of notices of wages regarding date of payment of wages. - An employer shall ensure at a construction site of building or other construction work that a notice showing the period for which wages are to be paid, place and time of disbursement of such wages is displayed at a conspicuous place of^such construction site in English, in Hindi, In Oriya and in a local language understood by the majority of building workers employed at such construction site, showing the period for which wages are to be paid, place and time of disbursement such wages is displayed at a conspicuous place of such construction site in English, in Hindi and in a local language understood by the majority of building workers employed at such construction site showing period for which wages are to be paid, place and time of disbursement of such wages is displayed at a conspicuous place of such construction site in English, in Hindi and in Oriya and a local language understood by the majority of building workers employed at such construction site. Part-V Miscellaneous Provisions Chapter XXX Powers of Chief Inspector and Inspectors --------------------------------------------------------- ### 248. Power to engage experts, agencies. (1) The Chief Inspector may engage experts or agencies as deemed necessary, from the fields of civil engineering, structural engineering, architecture and other disciplines of occupational safety, health and environment, as and when required, for the purpose of conducting any inspection, investigation or inquiry not the cause of an accident or a dangerous occurrence or otherwise. (2) The experts referred to in sub-clause (1) shall- (a) Possess a degree in the relevant field from a recognised university. (b) posses not less than ten years experience of working in the relevant field out of which at least five years shall be in the field of occupational safety, health and environment. (3) Agencies referred to in sub-rule (1) shall be of national standing in the relevant field and registered under the relevant law. (4) The State Government may, from time to time, prepare a panel of experts and agencies referred to in sub-rule(1). (5) An engineer or expert or agency employed under sub-rule(1) shall be paid such travelling allowances and daily allowances as are allowed to him by his organisation where he is employed or such travelling allowance and daily allowance as is admissible to officer of the rank of Deputy Secretary to the Government of Orissa, in Labour & Employment Department. (6) In addition to travelling allowance and daily allowance referred to in sub-rule(5) to an engineer or architect agency, they shall also be paid honorarium at the rates as may be specified by the State Government by notification in the Official Gazette from time to time. ### 249. Powers of Inspectors. (1) An Inspector may, at a construction site of a building or other construction work within local limits for which he is appointed :- (i) Examine such construction site or place or premises used or to be used for such building or other construction work; (ii) take on the spot or otherwise such evidence of any person which he may deem necessary for the purpose of any examination or inquiry connected with such building and other construction work directly or indirectly; Provided that such person shall not be compelled to answer any question or give any evidence tending to incriminate him; (iii) take photograph, video clips sample weight or measure or record or make such sketches as he may consider necessary for the purpose of any examination or inquiry under these rules; (iv) hold an inquiry into the cause of any accident or dangerous occurrence which he has reasons to believe was the result of any operation connected with or incidental to such building or other construction work, or of non-compliance with any of the provisions of the Act or these rules; (2) An Inspector may, within the local limits for which he is appointed issue show cause notice or warning to employers regarding the safety, health or welfare of building workers, provided under the Act or the rules. (3) An inspector may, within the local limits for which he is appointed,file in a Court having jurisdiction a complaint or other proceeding relating to a offence under the Act. (4) An inspector may, within the local limits for which he is appointed, direct any contractor or any employer for getting the building workers medically examined in accordance with the provisions of these rules. (5) An inspector may, within the local limits for which he is appointed require a person having power of supervision and control of a construction site of a building or other construction work or the employer, project in charge or site in charge of such construction site, as the case may be, to provide such means or assistance as may be required by such inspector for entry, inspection, examination or inquiry for the exercise of his powers under Sub-section (1) of Section 43 of the Act or this rule in relation to such construction site or project. ### 250. Prohibition Order. (1) If it appears to the inspector that any site or place at which any building or other construction work is being carried on, is in such condition that it is dangerous to life, safety or health of building workers or the general public, he may in writing serve on the employer of building workers or on the owner of the establishment or on the person in charge of such site or place an order prohibiting any building or other construction work at such place until measures have been taken to remove the cause of danger to his satisfaction. (2) An inspector serving an order under sub-rule(1) shall endorse, a copy to the Chief Inspector. (3) Such prohibition order shall be complied with by the employer forthwith. (4) Any person aggrieved by an order under sub rule(1) may, within fifteen days from the date on which the order is communicated to him, may prefer an appeal to the Chief Inspector or where such order is by the Chief Inspector to the Secretary as the case may be, shall after giving the appellant and opportunity of being heard, dispose of the appeal as expeditiously as possible : Provided that the Chief Inspector or the Secretary to the Government of Orissa in Labour & Employment Department, as the case may be, may entertain the appeal after the expiry of the said period of fifteen days if he is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time : Provided further that the prohibition shall be complied with pending the decision of the Chief Inspector or the Secretary to the Government of Orissa in Labour & Employment Department. I --- (See Rule-54(a) and 69(a) Manner of test and examination before taking lifting appliance, lifting and wire rope into use for the first time. Test Loads: (1) Lifting Appliance : Every lifting appliances with its accessory gear, shall be subjected to a test load which shall exceed the safe working load (SWL) as specified in the following table :- Table | | | | --- | --- | | Safe working load | Test load | | Up to 20 tonnes | 25 percent in excess of safe working load. | | 20 to 50 tonnes | 5 percent in excess of safe working load. | | Over 50 tonnes | 10 percent in excess of safe working load. | (2) Lifting Gear : (a) Every ring, hook, chain, shackle, Swivel, eye-bolt, plate clamp, triangular plate or pulley block (except single sheave block) shall be subjected to a test load which shall not be less than the load as specified in the following table. Table | | | | --- | --- | | Safe working load (in tonnes) | Test load (in tonnes) | | Up to 25 | 2 x safe working load | | above 25 | (1.22 x safe working load) + 20 | (b) In the case of single sheave block, the safe working load shall be the maximum load, which can safely be lifted by the block when suspended by its head fitting and the load is attached to a rope which passes around the sheave of the block and test load not less than four times the proposed safe working load shall be applied to the head of the block. (c) In the case of multi sheave block, the test load shall not be less than the load as specified in the following table; Table | | | | --- | --- | | Proposed Safe working load (in tonnes) | Test load (in tonnes) | | Up to 25 | 2 x safe working load | | 10 to 160 | (1.04 x safe working load) + 9.6 | | above 160 | 1.1 x safe working load | (d) In the case of hand-operated pulley blocks used with pitched chains and rings, hooks, chackles or swivels, permanently attached thereto, a test a load not less than 50 percent, in excess of the safe working load shall be applied. (e) In the case of a pulley block fitted with a bucket the bucket shall be rested and the load applied to the bucket when testing that block will be accepted as test load of the bucket. (f) In the case of sling, having two legs the safe working load shall be calculated when the angle between the legs is 90 degree. In case of multi-legged slings the safe working load shall be calculated as per national standards. (g) Every lifting beam, lifting frame, container spreader, bucket, tub or other similar devices shall be subjected to test load which shall not be less than the load as specified in the following table :- Table | | | | --- | --- | | Propose safe working Load (in tonnes) | Test load (in tonnes) | | Up to 10 | 2 x safe working load | | 10 to 160 | (1.04 x safe working load) + 9.6 | | Above 160 | 1.1 x safe working load | (h) Wire ropes - In the case of wire ropes a sample shall be tested to destruction. The test procedure shall be in accordance with recognised national standards. The safe working load of the rope is to be determined by dividing the load at which the sample broke by a co-efficient of utilization, determined as specified in the following table:- Table | | | | | --- | --- | --- | | | Item | Co-efficient of utilization | | | 1 | 2 | | (a) | Wire Rope Forming part of Sling Safe working load of the Sling : Safe Working load up to and equal to 10 | 5 | | | Tonnes safe working load above 10 tonnes and up to and equal to 160 tones. | {| | | 10(8.85 x SWL) + 1910 | |- | | Safe working load above 160 tonnes | 3 |- | (b) | Wire Rope as integral part of a lifting appliance : SWL of the lifting appliance safe working load up to and equal to 160 tonnes | | | | --- | | 10(8.85 x SWL) + 1910 | |- | | Safe working load above 160 tonnes | 3 |} (i) before any test, is carried out, a visual inspection of the lifting appliance, or lifting gear involved shall be conducted and any visible defective gear shall be replaced or renewed. (j) (i) After being tested, all the lifting gears shall be examined to see whether any parts have been injured or permanently deformed by the test. Procedure For Testing (3) Derricks :- (a) A derrick shall be tested with boom at the minimum angle to the horizontal for which the derrick is designed (generally 15 degrees) or at such greater angle as may be agreed. The angle at which the test has been carried out shall be applied by hoisting moveable weights. During the test, the boom shall be swing with the test load as far as practicable, in both directions. (b) A derrick boom, designed to be raised with power, with the load suspended, shall, in addition to the tests at (a) be raised (with the load suspended) to its maximum working angle to the horizontal and the two outermost positions. (c) While test loading of a heavy lift derrick, the competent person responsible for tests using movable weights shall ascertain from the owner of the vessel or floating platform that the stability of the vessels or platform is adequate for the test. (4) The derricks tested under clause (3) shall not be used in union purchase rig unless : (a) the derricks rigged in union purchase are tested with the test load appropriate to the SWL in Union purchase (at the designed headroom and with the derrick booms in their approved working position); (b) the safe working load of that derrick in union purchase rig has also been specified by a competent person in a report in form-V. (c) any limitations or conditions specified in the said report are complied with; and (d) the two hoist ropes are coupled together by a suitable swivel assembly. Note:- The safe working loads of derricks (for each method of rig including union purchase) shall be shown on the Certificate of test and marked on the derrick booms. (5) Lifting appliances (a) the test load shall be lifted and swung, as far as possible, in both directions. If the jib or boom of the crane has a variable radius, it shall be tested with test loads at the maximum and minimum radii. In case of hydraulic cranes when owning the limitation of pressure, it is impossible to lift a test load in accordance with table under item (1), it will be sufficient to lift the greatest possible load which shall be more than safe working load. (b) The test shall be performed at maximum, minimum and intermediate radius points as well as such points in the ear of rotation, as the competent person may decide. The test shall consist of hoisting, lowering, breaking and swinging of and swinging through all positions and operations normally performed. An additional test shall be made by operating the machinery at maximum working speed with the safe working load suspended. (6) Use of Spring or hydraulic balances, etc. For test loading. - All tests shall normally be carried on with the held of dead weights. In case of periodical test, replacement or renewals, test load may be applied by means of suitable springs or hydraulic balances. In such case, test load shall be applied with the boom, as far out as practicable, in both directions. The test shall not be taken as satisfactory unless the balance has remained constant at the test load for a period of atleast five minutes. (7) Through examination after testing or test loading. - After being tested or test loaded, every lifting appliance and associated gear shall be thoroughly examined to see that no part has been damaged or permanently deformed during the test. For this purpose, the lifting appliance or gear shall be dismantled to the extent considered necessary by the competent person. II ---- Notifiable Occupational Diseases in Building and other Construction Work (See Rule 228(a) ) ### 01. Occupational dermatitis. ### 02. Occupational cancer. ### 03. Asbestosis. ### 04. Silicosis. ### 05. Lead poisoning including poisoning by and preparation or compound of lead or their sequelae. ### 06. Benzene poisoning, including poisoning by any of its homologues, their nitro or amino derivatives or its sequelae. ### 07. Occupational asthma. ### 08. Pesticide poisoning. ### 09. Carbon monoxides poisoning. ### 10. Toxic jaundice. ### 11. Toxic anemia. ### 12. Compressed air illness (Caissons disease) ### 13. Noise induced hearing loss. ### 14. Isocyantes poisoning. ### 15. Toxic nephritis. III ----- Contents of First-aid Box (See Rule 229(b) ) I. A sufficient number of eye wash bottles filled with distilled water or suitable liquid clearly indicated by a distinctive sign which shall be visible at all times. II. 4 percent xylocatine eye drops, and boric acid eye drops and soda by carbonate eye drops. III. Twenty four small sterlized dressings. IV. Twelve medium size sterlised dressings. V. Twelve large size sterlised burn dressings. VI. Twelve large size sterlised burn dressings. VII. Twelve (fifteen cm) packets of sterlised c&Jton wool. VIII. Twelve (fifteen cm) packets of sterlised cotton wool. IX. (Two hundred ml) bottle of certimide solution (1 per cent) or suitable antiseptic solution. X. One (one hundred twenty ml) bottle of salvolatile having the doses and mode of administration indicated on the label. XI. One pair of scissors. XII. One roll of adhesive plaster (six cm x one metre) XIII. Two rolls of adhesive plaster (two cms x one metre) XIV. Twelve pieces of sterlised eye pads in separate sealed packets. XV. A bottle containing hundred tablets (each of three hundred twenty five mg) of aspirin or any other analgesic. XVI. Twelve roller bandages ten cms wide. XVII. Twelve roller bandages five cms. Wide. XVIII. One tourniquet. XIX. A supply of suitable splints. XX. Three packets of safety pins. XXI. Kidney tray XXII. A snake bite lancet. XXIII. One (thirty ml.) bottle containing potassium permanganate crystals. XXIV. One copy of first-aid leaflet issued by Chief Inspector. XXV. Six triangular bandages. XXVI. Two pairs of suitable, sterilised, latex, hand gloves. IV ---- (See Rule 224(c) ) Articles for ambulance room I. A glazed sink with hot and cold water always available. II. A table with a smooth top at least 180 cm x 105 cm III. Means for sterlizing instruments. IV. A couch. V. Two stretchers VI. Two buckets or containers with close fitting lids. VII. Two rubber hot water bags. VIII. A cattle and spirit stove or other suitable means of boiling water. IX. Twelve Plain wooden splints 900 cm x 100 cm x 6 cm X. Twelve Plain wooden splints 350 cm x 75 cm x 6 cm XI. Six plain wooden splints 250 cm x 50 cm x 12 cm. XII. Six woolen blankets. XIII. Three pairs artery forceps. XIV. One bottle of spirit anemia aremations (120 ml) XV. Smelling salt (60 gm). XVI. Two medium size sponges. XVII. Six hand towels. XVIII. Four kidney trays. XIX. Four cakes of toilet, preferably antiseptic soap. XX. Two glass tumblers and two wine glasses. XXI. Two clinical thermometers. XXII. Two tea spoons. XXIII. Two graduated (120 ml.) measuring glasses. XXIV. Two minimum measuring glasses. XXV. One wash bottle (1000 cc) for washing eyes. XXVI. One bottle (litre) carbolic lotion 1 in 20. XXVII. Three Chairs. XXVIII. One screen. XXIX. One electric hand torch. XXX. Four first-aid boxes or cup boards stocked to the standards prescribed in the Schedule-VII. XXXI An adequate supply of tetanus toxide. XXXII. Injections-morphia, pethidine,atrophine, adrenaline, coramine, novocaine (6 each). XXXIII. Cremaine liquid (60 ml.). XXXIV. Tablets-anthistaminic antipasmodic (25 each). XXXV. Syringes with needles - 2 cc, 10 cc, 100 cc and 500 cc. XXXVI. Three surgical scissors. XXXVII. Two needle holder, big & small. XXXVIII. Suturing needles and materials. XXXIX. Three dissecting forceps. XL. Three dressing forceps. XLI. Three scalpels. XLII. One stethoscope and a B.P.apparatus. XLIII. Rubber bandage- pressure bandage. XLIV. Oxygen cylinder with necessary attachments. XLV. Atropine eye ointments. XLVI. I.V. Fluids and set 10 nos. XLVII. Suitable, foot operated, covered, refuse containers. XLVIII. Adequate number of sterlised, paired, latex hand gloves. V --- (See Rule 225) Contents of Ambulance Van or Carriage The Ambulance Van shall have equipments prescribed as under (a) General :- A portable stretcher with folding and adjusting devices with the head of the stretcher capable of being titled upward. Fixed suction unit with equipment Fixed oxygen supply with equipment. Pillow with case, sheets, blankets, towers, emergency bag, bed pan, urinal glass. (b) Safety Equipments : Flaros with life of three thousand minutes, floor lights, flash lights, fire extinguishers (dry power type), insulated guntlets. (c) Emergency Care Equipment : I. Resuscitation : Portable suction unit, portable oxygen unit, m bag valve mask, hand operated artificial ventilation unit, airways, mouthgag tracheostomy adapters, short spine board, I.V. FLUIDs with administration unit, B.P. Manometer cuff stethoscope. II. Immobilisation - Long and short padded boards, wire ladder splints, triangular bandage - long and short spine boards. III. Dressing - Guaze pads - 100 m x 10 mm universal dressing 250 x 1000 mm. Roll of aluminium foils - soft roller bandages 150 mm x 5 mm yards adhesive tape in 75 mm roll safety pins, bandagesheets, burn sheets. IV. Poisoning - Syrup of Ipecac, activated charchol pre packed does, snake bite kit, drinking water. V. Emergency Medicines as per requirement (under the advice of construction Medical Officer) VI ---- Permissible Exposure in cases of Continuous Noise. (See Rule 32) | | | | | --- | --- | --- | | Total time of exposure (continuous or a number of short-term exposures per day (in hours) | Sound pressure level (in dBA) | Pressure | | (1) 8 6 4 3 2 1 ½ 1 ¾ ½ ¼ | (2) 90 92 95 97 100 102 105 107 110 115 | | Note ### 01. No exposure in excess of 115 DBA is to be permitted. ### 02. For any period of exposure falling in between any figure and the next higher or lower figure as indicated in column (1) , the permissible sound pressure level is to be determined by extrapolation on a proportionate basis. VII ----- Periodicity of Medical Examination of Building Workers [See Rule 79(iv) and 221(a) (iii)] ### 01. The employer shall arrange a medical examination of all the building workers employed as drivers, operators of lifting appliances and transport equipment before employing,after illness or injury, if it appears that the illness or injury might have affected his fitness and, thereafter, once in every two years upto the age of forty and once in a year, thereafter. ### 02. Completed and confidential records of medical examination shall be maintained by the employer or the physician authorised by the employer. ### 03. The medical examination shall include- (a) full medical and occupational history. (b) clinical examination with particular reference to- I. General Physique. II. Vision - total Visual performance using standard orthoroator like Titmus Vision Tester should be estimate and suitability for placement ascertained in accordance with the prescribed job standards. III. Hearing - Persons with normal hearing must be able to hear a forced whisper at twenty four feet. Persons using hearing aids must be able to hear a warning shout under noisy working conditions. IV. Breathing - Peak flow rate using standard peak flow meter and the average peak flow rate determined out of these reading of the test performed. The result recorded at pre placement medical examination could be used as a standard for the same individual at the same altitude for reference during subsequent examination. V. Upper limbs - Adequate arm function and grip (both arms) VI. Lower Limbs - Adequate leg and foot function. VII. Spine - Adequately flexible for the job concerned. VIII. General - Mental alertness and stability with good eye. hand and foot coordination. Any other tests which the examining doctor considers necessary. VIII ------ (See rule 207) No. of Safety Officers, Qualification, Duties Etc. Appointment of Safety Officers Number of Safety Officers Within six months of coming into operation of these rules, every establishment employing more than five hundred building workers and every other employer of building worker shall appoint safety officers, as laid down in the scale given below | | | | | | --- | --- | --- | --- | | 01. | Up to 1000 building workers | - | One safety officer. | | 02. | Up to 2000 building workers | - | two safety officers. | | 03. | Up to 5000 building workers | - | three safety officers. | | 04. | Up to 10000 building workers | - | four safety officers. | For every additional 5000 building workers or part thereof- one safety officer Any appointment, when made shall be notified to the inspector having jurisdiction in the area, giving full details of the qualification terms and conditions of service of such safety officer. Qualification (a) A person shall not be eligible for appointment as a safety officer unless he:- I. possesses a recognised degree in any branch of engineering or technology or architecture and had a practical experience of working in a building or other construction work in a supervisory capacity for a period of not less than two years or possesses a recognised diploma in any branch of engineering or technology and has had practicable experience of building or other construction work in a supervisory capacity for a period of not less than five years. II. Possesses a recognised degree or diploma in industrial safety with atleast one paper in construction safety (as an elective subject) III. Has adequate knowledge of the language spoken by majority of building workers from the construction site in which he is to be appointed. (b) Notwithstanding the provision contained in clause (a), any person who- I. Possesses a recognised degree or diploma in engineering or technology or architecture and has had experience of not less than five year in the field, dealing with the administration of Factories Act, 1948. II. Possesses a recognised degree or diploma in engineering or technology and has had experience of not less than five years or has undergone training in education, consultancy or research in the field or accident prevention in industry, or in any institution or an establishment dealing with building or other construction work. Shall also be eligible for appointment as safety officer. Provided that in case of person who has been working as safety officer in Industry or port, institution or an establishment dealing with building or other construction work for a period of not less than three years on the date of commencement of these rules, the Chief Inspector may, subject to such conditions that he may specify, relax all or any of the above said qualification. Condition of Service (a) where number of safety officers appointed exceeds one, one of them shall be designated as Chief Safety Officer and shall have the status higher than the others. The Chief Security Officer shall be in overall charge of the safety functions as envisaged in sub-clause (iv) and also other safety officers working under his control. (b) The Chief Safety Officer or Safety Officer, where only one safety officer is appointed, shall be given the status of a Senior Executive and he shall work directly under the control of his Chief Executive. All other safety officers shall be given appropriate status to enable them to dispatch their functions effectively. (c) The scale of pay and allowance to be granted to the safety officers including the Chief Safety Officer and the other conditions of their service shall be the same as those of the officers of corresponding status of the establishment in which they are employed. Duties of Safety Officer (a) The duties of a safety officer shall be to advise and assist the employer in the fulfillment of his obligations, statutory or otherwise concerning prevention of personal injuries and maintaining a safe working environment. These duties shall include the following, namely I. To advise the building workers in planning and organising measures necessary for effective control of personal injuries. II. To advise on safety aspects in a building or other construction work and to carry out detailed safety studies of selected activities. III. To check and evaluate the effectiveness of action taken or proposed to be taken to prevent personal injuries. IV. To advise purchasing and ensuring quality of personal protective equipment confirming to national standards; V. To carry out safety inspections of building or other construction work in order to observe the physical conditions of work and the work practices and procedures followed by building workers and to render advice on measures to be adopted for removing unsafe physical conditions and preventing unsafe actions by building workers; VI. To investigate all fatal and other selected accidents; VII. To investigate the cases of occupational disease contracted and reportable dangerous occurrences and occupational diseases; VII. To advise on the maintenance of such records as are necessary with regard to accidents, dangerous occurrences and occupational diseases. IX. To promote the working of safety committees and to act as an advisor to such committees. X. To organise, in association with concerned departments, campaigns, competitions, contests and other activities which will develop and maintain the interest of building workers in establishing and maintaining safe conditions of work and procedures. XI. To design and conduct, either independently or in collaboration with other agencies, suitable training and educational programmes for prevention of accidents to building workers. XII. To frame safe rules and safe working practices in consultation with senior officials of the establishment. XIII. Supervise and guide safety precautions to be taken in building and other construction work of the establishment. Facilities to be provided to safety officers - The employer shall provide each safety officer with such facilities equipment and information that are necessary to enable him to dispatch his duties effectively. Prohibition of performance of other duties - No safety officer shall be required or permitted to do any work which is unconnected to inconsistent with or detrimental to the performance of the duties prescribed in this Schedule. Exemptions: - Chief Inspector may, in writing, exempt any employer or group of employers from any or all of the provisions of these rules subject to compliance with such alternative arrangements as may be approved and notified by him in the order or such exemption. IX ---- (See Rule 223) Hazardous process (1) Roof Work (2) Steel erection (3) Work under and over water (4) Demolition (5) Work in confined spaces X --- [See Rule 223(b) ] Services and facilities to be provided in occupational health centers. (1) One full time construction medical officer for building or other construction work, employing workers upto one thousand and one additional construction medical officer for every additional one thousand workers or part thereof. (2) The staff, including one nurse, one dresser-cum-compounder, one sweeper cum ward boy with each construction medical officer for full work hours. (3) The occupational health center with a floor area of minimum fifteen square metre constituting two rooms with smooth walls and inpern service, adequately illuminated and ventilated. (4) Adequate equipment for day to a day treatment. (5) Necessary equipment to manage any medical emergency. XI ---- [See Rule 117 and 223] Qualification of construction medical officer:- (1) MBBS degree from a medical institute recognised by the Medical Council of India; and (2) Diploma in industrial health or equivalent post graduate certificate of training in industrial health or health. (3) A medical officer having experience in organisation/establishments, involved in policy, execution and advice and safety and health of workers employed in mines, ports and docks, factories and building and other construction work, for a period of not less than three years may, subject to the satisfaction of the Chief Inspector not be required to possessing the training referred to in item (2) above. (4) The syllabi of the courses leading to the above certificates and the organisation conducting such courses shall be approved by the State Government who may also from time to time prepare a panel of such organisation. (5) Complete particulars including name, qualification and experience of the construction medical officer will be intimated to the inspector having jurisdiction. XII ----- [See Rule 150(a) ] Permissible Levels of Certain Chemical Substances in The Work Environment | | | | | --- | --- | --- | | S. No. | Substance | Permissible limit of exposure | | | | Time weighted Average concentration (TWA) (8hrs) | Short term exposure limit (STEL) (15 min.)\* | | ppm | mg/m3 | ppm | mg/m3 | | (1) | (2) | (3) | (4) | (5) | (6) | | 1. | Acetaldehyde | 100 | 180 | 150 | 270 | | 2. | Acetic acid | 10 | 25 | 15 | 37 | | 3. | Acetone | 750 | 1780 | 1000 | 2375 | | 4. | Aerolein | 0.1 | 0.25 | 0.3 | 0.8 | | 5. | Acrylonitrile Skin (S.C.) | 2 | 4.5 | - | - | | 6. | Aldrin skin | - | 0.25 | - | - | | 7. | Allyl chloride | 1 | 3 | 2 | 6 | | 8. | Ammonia | 25 | 18 | 35 | 27 | | 9. | Aniline-skin | 2 | 10 | - | - | | 10. | Anisidine (co-isomers) | 0.1 | 0.5 | - | - | | 11. | Arsenic & soluble Compounds (as AS) | - | 0.2 | - | - | | 12. | Benzene (S.C.) | - | 10 | 30 | - | | 13. | Beryllium & compound [As Be (S.C.)] | - | 0.002 | - | - | | 14. | Boron trifluoride-C | - | 1 | 3 | - | | 15. | Bromine | 0.1 | 0.7 | 0.3 | 2 | | 16. | Butane | 800 | 1900 | - | - | | 17. | 2 Butanone (Methyl) ethyl Ketone-MBK) | 200 | 590 | 300 | 885 | | 18. | n-Butyl acetate | 150 | 710 | 200 | 950 | | 19. | n-Butyl alcohol-skin-C | 50 | 150 | - | - | | 20. | Sec/tert. Butyl acetate | 200 | 950 | - | - | | 21. | Butyl mercaptan | 0.5 | 1.5 | - | - | | 22. | Cadmium Dust and Salts (as Cd) | - | 0.05 | - | - | | 23. | Calcium oxide | - | 2 | - | - | | 24. | Carbaryl (Sevin) | - | 5 | - | - | | 25. | Carbofuran (Furadan) | - | 0.1 | - | - | | 26. | Carbon disulphide-skin | 10 | 30 | - | - | | 27. | Carbon monoxide | 50 | 55 | 400 | 440 | | 28. | Carbon tetrachloride skin (S.C.) | 5 | 30 | - | - | | 29. | Chlordane-skin | - | 0.5 | - | - | | 30. | Chlorine | 1 | 3 | 3 | 9 | | 31. | Chlorobenzene (monochlorobenzene) | 75 | 350 | - | - | | 32. | Chloroforms (S.C.) | 10 | 50 | - | - | | 33. | Bis (chloromethyl) ether (H.C.) | 0.001 | 0.005 | - | - | | 34. | Chromic acid and Chromates (as Cr.) (Water soluble) | - | 0.05 | - | - | | 35. | Chromous salts | - | 0.5 | - | - | | 36. | Copper fume | - | 0.2 | - | - | | 37. | Cotton dust, raw | - | 0.02 | - | - | | 38. | Cresol, all isomers-skin | 5 | 22 | - | - | | 39. | Cyanides (as CN) -skin - | - | 1 | - | - | | 40. | Cyanogen | 10 | 20 | - | - | | 41. | DDT (Dichlorodiphenyl) Trichloroethane) | - | 1 | - | - | | 42. | Demeton-skin | 0.01 | 0.1 | - | - | | 43. | Diazinon-skin | - | 0.1 | - | - | | 44. | Dibutyl phthalate phtalate | - | 5 | - | - | | 45. | Dicholorvos (DDVP) skin | 0.1 | 1 | - | - | | 46. | Dieldrin-skin | - | 0.25 | - | - | | 47. | Dinitrobenzen (all isomers)-skin | 0.15 | 1 | - | - | | 48. | Dinitrotoluene-skin | - | 1.5 | - | - | | 49. | Diphenyl (Biphenyl) | 0.2 | 1.5 | - | - | | 50. | Endosulfan (Thiodan) -skin | - | 0.1 | - | - | | 51. | Endrin-skin | - | 0.1 | - | - | | 52. | Ethyl acetate | 400 | 1400 | - | - | | 53. | Ethyl Alcohol | 1000 | 1900 | - | - | | 54. | Ethylamine | 10 | 18 | - | - | | 55. | Flurides (as F) | - | 2.5 | - | - | | 56. | Fluorine | 1 | 2 | 2 | 4 | | 57. | Formaldehyde (SC) | 1.0 | 1.5 | 2 | 3 | | 58. | Formic Acid | 5 | 9 | - | - | | 59. | Gasoline | 300 | 900 | 500 | 1500 | | 60. | Hyrdazine-Skin (SC) | 0.1 | 0.1 | - | - | | 61. | Hydrogen chloride-c | 5 | 7 | - | - | | 62. | Hydrogen cynide-skin-c | 10 | 10 | - | - | | 63. | Hydrogen fluorine (as F)-c3 | 3 | 2.5 | - | - | | 64. | Hydrogen Peroxide | 1 | 1.5 | - | - | | 65. | Hydrogen Sulphide | 10 | 14 | 15 | 21 | | 66. | Iodine-c | 0.1 | 1 | - | - | | 67. | Iron Oxide Fume (Fe o) (as Fe) | - | 5 | - | - | | 68. | Isoamyl Acetate | 100 | 525 | - | - | | 69. | Isoamyl alcohol | 100 | 360 | 125 | 450 | | 70. | Isobutyl alcohol | 50 | 150 | - | - | | 71. | Lead, inorg, dusts & fumes-(as Pb) | - | 0.15 | - | - | | 72. | Lindane-skin | - | 0.5 | - | - | | 73. | Malathion-skin | - | 10 | - | - | | 74. | Maganese dust and compounds (as Mn)-c | - | 5 | - | - | | 75. | Maganese Fume (as Mn) | - | 1 | - | - | | 76. | Mercury (as Hg)-skin | - | - | - | - | | | (i) Alkyl compounds | - | 0.01 | - | 0.03 | | | (ii) All forms except alky vapour | - | 0.05 | - | - | | | (iii) Atyl and inorganic compounds | - | 0.1 | - | - | | 77. | Methyl alcohol (Me-thanol)-skin | 200 | 260 | 250 | 310 | | 78. | Methyl collosolve (Methoxy-ethanol)-skin | 5 | 16 | - | - | | 79. | Methyl isobutyl ketone | 50 | 205 | 75 | 300 | | 80. | Methyl isocynate-skin | 0.02 | 0.05 | - | - | | 81. | Naphthalene | 10 | 50 | 15 | 75 | | 82. | Nickel carbonyl (as Ni) | 0.05 | 0.35 | - | - | | 83. | Nitric acid | 2 | 5 | 4 | 10 | | 84. | Nitric oxide | 25 | 30 | - | - | | 85. | Nitric benzene-skin | 1 | 5 | - | - | | 86. | Nitrogen dioxide | 3 | 6 | 5 | 10 | | 87. | Oil mist Minerals | - | 5 | - | - | | 88. | Ozone | 0.1 | 0.2 | 0.3 | 0.6 | | 89. | Parathion-skin | - | 0.1 | - | - | | 90. | Phenol-skin | 5 | 19 | - | - | | 91. | Phorate (thimet) -skin | - | 0.05 | - | 0.2 | | 92. | Phosgene (carbonyl chloride) | 0.1 | 0.4 | - | - | | 93. | Phosphine | 0.3 | 0.4 | 1 | 1 | | 94. | Phosphoric acid | - | 1 | - | 3 | | 95. | Phosphorus (Yellow) | - | 0.1 | - | - | | 96. | Phosphorous pen-tachloride | 0.1 | 1 | - | - | | 97. | Phosphorous trichloride | 0.2 | 1.5 | 0.5 | 3 | | 98. | Picric acid-skin | - | 1.1 | - | 0.3 | | 99. | Pyridine | 5 | 15 | - | - | | 100. | Silane (silicon tetra-hydride) | 5 | 7 | - | - | | 101. | Sodium Hydrioxide-C | - | 2 | - | - | | 102. | Styrene monomer (phenylethylene) | 50 | 215 | 100 | 425 | | 103. | Sulpher-dioxide | 2 | 5 | 5 | 10 | | 104. | Sulpherhexaf-luroride | 1000 | 6000 | - | - | | 105. | Sulphuric acid | - | 1 | - | - | | 106. | Tetraethyl Lead (as Pb)-skin | - | 0.1 | - | - | | 107. | Toluene (toluol) | 100 | 375 | 150 | 560 | | 108. | O-Toluidine-skin (S.C.) | 2 | 9 | - | - | | 109. | Tributly phosphate | 0.2 | 2.5 | - | - | | 110. | Trichloroethylene | 50 | 270 | 200 | 1080 | | 111. | Uranium, natural (as U) | - | 0.2 | - | 0.6 | | 112. | Vinyl chloride (H.C.) | 5 | 10 | - | - | | 113. | Welding Fumes | - | 5 | - | - | | 114. | Xylene (o-m-p-isomers) | 100 | 435 | 150 | 655 | | 115. | Zinc oxide | - | - | - | - | | | (i) Fume | - | 5.0 | - | 10 | | | (ii) Dust (Total dust) | - | 10.0 | - | - | | 116. | Zirconium compound (as Zr) | - | 5 | - | 10 | Parts of vapour or gas per million parts of contaminated air by volume at 25°C and 760 mm of Hg. Milligram of substance per cubic metre of air. Not more than 4 times a day with atleast 60 min. interval between successive exposures. | | | --- | | Mg/M3=| Molecular Weight24.45| x ppm | G denotes Ceiling Limit Skin denotes potential contribution to the overall exposure by the cutaneous route including mucous membranes and eye. S.C. denotes Suspected Human Carcinogen. H.C. denotes Confirmed Human Carcinogen | | | | --- | --- | | Substance Permissible | Time-weighted average concentration (TWA) (8 Hrs.) | | | Concentration TWA (8 Hrs.) | | Silica. SIO | | | (a) Crystalline | | | (i) Quartz | | | {| | | (1) In terms of dust count| 10600% Quartz + 10| x mppcm | | | | --- | | (2) In terms of respirable dust| 10% respirable quartz + 2| mg/m3 | | | | --- | | (3) In terms of total dust| 30% quartz + 3| mg/m3 | |- | (ii) Cristobalite | Half the limit given against quartz. |- | (iii) Tridvmite | Half the limits given against quartz |- | (iv) Silica fused | Same limits as for quartz. |- | (v) Tripoli | Same limits as in formula in item (2) given against quartz |- | (b) Amorphous Silicates 10mg/m3 total dust. |- | Asbestos (H. C) | \*2 fibres/ml, greater than 5 urn in length and less than 3 um in breadth with length to breadth ratio equal to or greater than ### 3. :1 |- | Portland Cement | 10mg/m3total dust containing less than 1% quartz. |- | Coal Dust | 2mg/m3respirable dust fraction containing less than 5% quartz. |} Mmpom - Million particles per cubic metre of air, based on impinger samples counted by light=field techniques. As determined by the membrane filter method at 400-450 x magnification (4 mm objective) phase contrast illumination. Respirable Dust; Fraction passing a size-selector with the following characteristics: | | | | --- | --- | | Aerodynamic Diameter (um) (Unit density sphere) | % passing selector | | <2 | 90 | | 2.5 | 75 | | 3.5 | 50 | | 5.0 | 25 | | 10 | 00 | Form-I [See Rule 21 (1) ] Application for Registration of Establishment Employing Building Workers ### 01. Name and location of the Establishment where building or other construction work is to be carried on. ### 02. Postal address of the Establishment. ### 03. Full name and permanent address of the Establishment, if any. ### 04. Full name and address of the Manger or person responsible for the supervision and control of the Establishment. ### 05. Nature of building or other construction work carried/ is to be carried on in the Establishment. ### 06. Maximum number of building workers to be employed on any day. ### 07. Estimated date of commencement of building or the other construction work. ### 08. Estimated date of completion of the building or other construction work. ### 09. Particulars of demand draft, enclosed (name of the Bank amount, demand draft No. and date). Declaration by the employer (i) I hereby declare that the particulars given above are true to the best of my knowledge and belief. (ii) I undertake to abide by the provisions of the Building and other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 and the Rules made thereunder. Principal Employer Seal & Stamp Office of the Registering Officer appointed under the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1966 and Andhra Pradesh Building and Other Construction Workers (ROE & COS) Rules, 1999. Date of receipt of application. Form-II [See Rule 22(1) ] Date : ..... Government of Orissa Office of the Registering Officer Certificate of Registration is hereby granted under Sub-section (3) of Section 7 of the Building & Other Construction (Regulation of Employment and Conditions of Service) Act, 1996 and the rules made thereunder, to M/s..........having the following particulars subject to the conditions laid down in the Annexure: ### 01. Postal Address / location where building or other construction work is to be carried on by the Employer. ### 02. Name and address of employer including location of the building and other construction work. ### 03. Name and permanent address of the establishment. ### 04. Nature of work in which building workers are employed or are to be employed. ### 05. Maximum number of building workers to be employed on any day by the employer. ### 06. Probable date of commencement and completion of work. ### 07. Other particulars relevant to the employment of building workers. Signature of Registering Officer with Seal Annexure The Registration granted herein above is subject to the following conditions, namely. (a) the certificate of registration shall be not transferable; (b) the number of workmen employed or building workers in the establishment shall not, on any day, exceed the maximum number specified in the certificate of registration; (c) safe or provided in these rules, the fees paid for the grant of registration certificate shall be non-refundable. (d) the rates of wages payable to building workers by the employer shall not be less than the rates prescribed under the Minimum Wages Act, 1948 (11 of 1948) for, such employment where applicable, and where the rates have been fixed by agreement, settlement or award, not less than the rates so fixed; and (e) the employer shall comply with the provisions of the Act and the rules made thereunder; Form-III [See Rule 22(2) & 23(2)] Register of Establishments | | | | | | | --- | --- | --- | --- | --- | | Sl. No. | Registration No. & date | Name and Address Location of the establishment Registered where a building Or other construction work is to be carried on | Name of the employer and his address | Nature of building or other construction work | | (1) | (2) | (3) | (4) | (5) | | | | | | | | --- | --- | --- | --- | --- | | Name and permanent address of establishment | Probable date of commencement of work | Maximum no. of building workers to be employed on any day | Probable duration of building or other construction work & probable date of completion | Remarks | | (6) | (7) | (8) | (9) | (10) | Form-IV [See Rule 24(3) and 237(1)] Notice of Commencement / Completion of Building Or other Construction Work (1) I. Name and Address (Permanent) of the Establishment II. Name of the Employer and address......... (2) Name and situation of place where the building and other construction 'is proposed to be carried on. (3) No. and date of Certificate of registration.......... (4) Name and address of the person in charge of the construction work. (5) Address to which the communications relating to building or other construction work may be sent. (6) Nature of work involved and the facilities including plant or machinery provided. (7) The arrangement storage of explosive, if any, to be used in building or other construction work. (8) In case the notice is for commencement of work, the approximate duration of work. I/We hereby intimate that the building or other construction work (Name of work) having registration No dated.....................is likely to commence/is likely to be completed with effect from...........(date) / on (date). Signature of the Employer To The Inspector Form V [See Rule 72(b) and Schedule I] Certificate of Initial and Periodical and Examination of Winches, Derricks and their Accessory Gear Test Certificate No............... (a) In case of construction site, Name of the construction site where lifting appliances are fitted / installed / located. | | | | | | | | --- | --- | --- | --- | --- | --- | | Situation and Description of Lifting appliances and gear with distinguishing number or Marks (if any), which have been tested, thoroughly examined | Angle to the horizontal derrick boom at which test load applied | Test load applied | Safe working load at the angle shown in Column (2) | Name and address of public service, association, company or firm or testing establishment making the test and examination | Name an position of the competent person of public service, association, company or firm or testing establishment. | | (1) | (2) | (3) | (4) | (5) | (6) | | | (Degrees) | (Tonnes) | (Tonnes) | | | I Certify that on the .........Day of ......... 200 ...... the lifting appliance shown in Column (1) together with its necessary gear was tested in the manner set forth overleaf in my presence; that a careful examination of the said testing appliances, after the test showed that it had withstood the test load without injury or permanent deformation and the ......... working load of the said lifting appliance and accessort gear is as shown in column (4). | | | | --- | --- | | Signature of the competent person. | | | .......................................... | Date | Form VI [See Rule 72(b) ] Certificate of Initial and Periodical Test and Examination of Cranes or Hoists and their Accessory Gear Test Certificate No. ................. (i) Name of the construction site where cranes or hoists are fitted / installed/ located. | | | | | | | | --- | --- | --- | --- | --- | --- | | Situation & Description | For jib cranes Radius at the test load was applied | Test load applied | Safe working load for jib cranes at radius & shown in column (2) | Name and address of public service, association or firm or testing establishment making the test and examination | Name and position of competent person of public service, association, company or firm or testing establishment | | (1) | (2) | (3) | (4) | (5) | (6) | | | (metres) | (tonnes) | (tonnes) | | | I Certify that on the................day of the above lifting appliances together with its accessory gear, was tested in the manner set forth overleaf, that a careful examination of the said lifting appliance and gear after the test showed that it had withstood the test load without injury or permanent deformation, and the safe working load of the said lifting appliance and gear is as shown in column (4) . | | | | | --- | --- | --- | | Signature of the competent person(See not 3) | \*Seal | Date | | Registration/Authority number of theCompetent Person | | | Form VII [See Rule 68 and 72(b) ] Certificate of Initial and Periodical Test and Examination of Loose Gears Test Certificate No................ (a) Name of the construction site where loose gears are fitted / installed / located. | | | | | | | | --- | --- | --- | --- | --- | --- | | Distinguishing Number or Mark | Description dimension and material of gear/device | Number tested | Date of test | Test load applied (tonnes) | Safe working load (SWL) (tonnes) | | (1) | (2) | (3) | (4) | (5) | (6) | | | | | | | --- | --- | --- | --- | | Name & address of manufacturer or suppliers | Initial test and examination certificate No. and date (only in case of periodical test and examination) | Name and address of public service association, company or firm or testing establishment making the test and examination | Name and position of Competent Person in or public service, association company or firm or testing establishment | | (7) | (8) | (9) | (10) | I Certify that on the day of ........200 .... The above gear was tested and examined in the manner set forth overleaf, that the examination showed the said gear/ device withstood the test load without injury or deformation, and that the safe working load of the said gear / device is as shown in column 6. | | | | | --- | --- | --- | | Signature of the Competent Person | Seal | Date | | Registration/Authority number of the Competent Person | Form VIII [See Rule 72(b) ] Certificate of Test and Examination of Wire Rope before being taken into use Test Certificate No............... (1) Name and address of maker or supplier : (2) (a) Circumference / diameter of rope (b) Number of Strand (c) Number of wires per stand (d) Lay (e) Core (3) Quality of wire (e.g. Best Plough steel) (4) (a) Date of test of sample of rope (b) Load at which sample broke(tones) (c) Safe working load of rope (tones) (d) Intended use. (5) Name and address of public service, association company or firm or testing establishment making the test and examination. (6) Name and position of Competent Person in public service, association, company or firm or testing establishment making the test and examination. I certify that the above particulars are correct, and that the test and examination were carried out by me and no defect effecting its safe working load (SWL) were found. | | | | | --- | --- | --- | | Signature of the Competent Person | Seal | Date | | Registration/Authority number of the Competent Person | Form IX [See Rule 70 and 72(b) ] Certificate of Annealing of Loose Gears Test Certificate No.......... (a) Name of the Construction site where loose gears are fitted / installed / located : | | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | --- | | Distinguishing Number or mark | Description of gear | Number of the certificate of test & exam | Number annealed | Date of annealing | Detect found at careful inspection after annealing | Name and address of public service, association, company or firm or testing establishment carrying out the annealing and inspection | Name and position of Competent Person of public service, association, company or firm or testing establishment | | (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) | I certify that on the date shown in column(5) the gear described in column(1) to (4) was effectually annealed under my supervision that after being so annealed every article was carefully inspected; and that no defects affecting its safe working condition were found other than those indicated in column (6). | | | | | --- | --- | --- | | Signature of the Competent Person | Seal | Date | | Registration/Authority number of the Competent Person | Form-X [See Rule 69 and 73] Certificate of Annual thorough examination of loose gears exempted from annealing (A) Name of the Construction site where loose gears are fitted / installed / located. | | | | | | | | --- | --- | --- | --- | --- | --- | | Distinguishing number or mark | Description of gear | Number of certificate of initial and periodical test and examination | Remarks | Name and address of public service, association, company or firm testing establishment making the test and examination | Name and position of Competent Person of public service, association, company or firm or testing establishment | | (1) | (2) | (3) | (4) | (5) | (6) | I certify that on the........Day of 200... the above gear, described in column (2) was thoroughly examined, and that no defects affecting its safe working condition were found other than those indicated in column (4). | | | | | --- | --- | --- | | Signature of the Competent Person | Seal | Date | | Registration/Authority number of the Competent Person | Form-XI [See Rule 221(c) ] Certificate of Medical Examination | | | | | --- | --- | --- | | 1. | Certificate Serial No. .......... | Date............... | | 2. | Name ............................ | | | Identification marks: | (1) ..................... | | | | (2) ....................... | | 3. | Father's Name........................... | | 4. | Sex............................ | | 5. | Residence.................son/daughter of................ | | 6. | Date of Birth, if available.................. | | | and/or certificate age...................... | | 7. | Physical Fitness........................ | | | I hereby certify that I have personally examined (name) ...............son/daughter/wife of...............residing at...............who is desirous of being employed in building and construction work and that his/her age as nearly as can be ascertained from my examination is............years and that he/she is fit for employment in as an adult/adolescent. | | 8. | Reason for. | | | (1) refusal of certificate.......................................................................................................................................... | | | (2) certificate being revoked.................................................................................................................................. | | | | | | --- | --- | --- | | Signature / Left hand Thumb Impression of Building Worker | | Signature with Seal Medical Officer/ C.M.O. | Note : (1) Exact details of cause of physical disability should be clearly stated. (2) Function / productive abilities also be stated if disability is stated. Form-XII [See Rule 221(d) ] Health Register (In respect of persons employed in Building and other construction work involving hazardous processes) Name of the Construction Medical Officer / Medical Inspector : (a) Mr...........................From...............To.............. (b) Mr......................... From...............To.............. (c) Mr...........................From...............To.............. | | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | --- | | Sl. No. | Work No. | Name of Building Workers | Sex | Age (last birthday) | Date of employment of present work | Date of leaving or transfer to other work | Reasons for leaving transfer or discharge | | (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) | | 12345 | | | | | | | | | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | | Nature of job or occupation | Raw Material or bye product handled | Date of medical examination by certifying Surgeon Medical Inspector/ CMO | Results of medical exam. | If suspended from work, state period of suspension with detailed reasons | Certified fit to resume duty on with signature | If certified of unfitness or suspension issued to worker of Medical Inspector/ CMC | | (9) | (10) | (11) | (12) | (13) | (14) | (15) | | 12345 | | | | | | | Signature with date of Medical Inspector / CMO Note : (I) Column (8) -Detailed summary of reason for transfer or discharge should be stated. (II) Column (12) should be expressed as fit / unfit / suspended. Form XIII (See Rule 228(a) ) Notice of Poisoning or Occupational Notifiable Diseases ### 01. Name and address of the employer : ### 02. Name of the building workers and his work No., if any. : ### 03. Address of the building worker : ### 04. Sex and age : ### 05. Occupation : ### 06. State exactly what the patient was doing at the time of contracting the disease : ### 07. Nature of poisoning or disease from which the building worker is suffering from. : Date : Signature of the Employer/CMO Note : When a building worker Contract any disease specified in schedule XII, a notice in this form shall be sent forthwith to the Chief Inspector of Inspections of Building & Other Construction. Form XIV [See Rule 208(7) ] Report of Accidents and Dangerous Occurrences | | | | --- | --- | | 01. | Name of the project/work : | | 02. | Location of project/work : | | 03. | State of construction work : | | 04. | Particulars of Employer : | | | (a) Main contractor firm / Co. | (b) Sub-contractor Particulars | | | Name : | Name : | | | Address : | Address : | | | Phone Nos. : | Phone Nos. : | | | Nature of Business : | Nature of Business : | | 05. | Particulars of injured person | | | (a) Name | | | (First) | (Middle) | (Surname) | | | (b) Home Address : | | | (c) Occupation : | | | (d) Status of workers : | Casual | | | | Permanent | | | (e) Sex : | Male | Female | | | (f) Age : | | | (g) Experience : | | | (h) Marital State : | Married / Unmarried / Divorced : | | 06. | Particulars of Accident : | | | (a) Exact place where accident occurred : | | | (b) Date | | | (c) Time | | | (d) What the injured person was doing at the time of accident. : | | | (e) Weather condition : | | | (f) How long employed by you for this particular job ? : | | | (g) Particulars of equipment / machine / tool involved & condition of the same after the accident occurred. : | | | (h) Brief description of the accident : | | 07. | Nature of injuries : | | | (a) Fatal | | | (b) Non fatal | | | (c) If non-fatal, state precisely the nature of injuries (Describe in detail the nature of injury, for instance fracture or right arm, sprain etc.) : | | | (d) First Aid : | Given | Not Given | | | (e) If not, give the reasons : | | | (f) Name & designation of the person by whom first aid was given | | | (g) If admitted to hospital, | | | Name of the Hospital | | | Address of the Hospital : | Name of the Doctor. | | | Phone No. | | 08. | Mode of transport used : | | | Ambulance | Truck | Tempo | Taxi | Private Car | | 09. | (a) How much time was taken to shift the injured person ? | | | (b) How the reporting was made ? | | | Telephone | Telegram | Special Messenger | | | (c) Who visited the accident site first and what action was proposed by him ? | | | (d) What are the actions taken for the investigation of the Accident by the employer ? (Describe about photographs/ Video film/ Measurements taken etc.) | | 10. | Particulars of person given witness | | | (a) Name | Address | Occupation | | | (1) | | | (2) | | | (3) | | | (4) | | | (b) Whether | Temporary | Permanent | | 11. | Particular in case of fatal : | | | Date | Time | | | Whether registered with Building & Other Construction Workers Welfare Board. | If yes, give Reg. No. | | 12. | Dangerous Occurrences as covered under the regulation No. (Give Details) | | | (a) Collapse or failure of lifting appliances, hoist, Conveyors etc. | | | (b) Collapse or subsidence of soil, all wall floor, gallery etc. | | | (c) Collapse of transmission towers, pipelines, bridges etc. | | | (d) Explosion of receiver, vessel etc. | | | (e) Fire and explosion. | | | (f) Spillage or leakage of hazardous substances. | | | (g) Collapse, capsizing, toppling or collision of transport equipment. | | | (h) Leakage or release of harmful toxic gases at the transport equipment. | | | (i) Failure of lifting appliance, loose gear, hoist or building and other construction work Machinery, transport equipment etc. | | 13. | Certificate from the Employer or authorised signatory. | I certify that to the best of my knowledge and belief, the above particulars are correct in every respect. | | | | --- | --- | | Place : | Signature | | Date : | Designation | | c.c. | forwarded for information and follow-up action : | | | | 1. | | | | 2. | | | | 3. | | Note : If more than one person is involved, then for each person, information is to filled-up in Separate forms. Form XV [See Rule 238] Register of Building Workers Employed by the Employer | | | | --- | --- | | Name and address of establishment where building or other construction work is to be carried on. | Name and permanent address of Establishment | | Nature and location of work............... | | | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | | Sl. No. | Name and Surname of Workman | Age & Sex | Father's/ Husband's Name | Nature of Employment Designation | Permanent Home address of workman (village, taluk & district) | Local Address | | 01 | 02 | 03 | 04 | 05 | 06 | 07 | | 01 | | | | | | | | 02 | | | | | | | | 03 | | | | | | | | 04 | | | | | | | | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | | | Date of commencement of employment | Signature or thumb impression of workman | Date of termination of employment | Reasons for termination | If the building worker is/was beneficiary, the date of registration as a beneficiary, the registration No. and the name of Welfare Board | Remarks | | | 08 | 09 | 10 | 11 | 12 | 13 | | 01 | | | | | | | | 02 | | | | | | | | 03 | | | | | | | | 04 | | | | | | | Form-XVI [See Rule 239(1) (a)] Muster Roll | | | | --- | --- | | Name and permanent address of Establishment | Name and address of establishment where building or other construction work is carried on/is to be carried on. | | Nature of building or other Construction Work | Name and address of the Employer : | | For the month of...................... | | | | | | | | | | --- | --- | --- | --- | --- | --- | | Sl. No. | Name of the building worker | Father's/Husband's name | Sex | Dates | Remarks | | (1) | (2) | (3) | (4) | (5) | (6) | | 1.2.3.4.5. | | | | | | Form-XVII [See Rule 239(1) (a)] Register of Wages | | | | --- | --- | | Name and address of the Establishment where building or other construction work is carried on. | Nature of building or other construction work. | | Name and permanent address of Establishment | Name and address of the Employer | | Wage period: Monthly ............................... | | | | | | | | | | --- | --- | --- | --- | --- | --- | | Sl. No. | Name of workman | Serial No. in the register of workman | Designation/nature of work done | No. of days worked | Units of work done | | (1) | (2) | (3) | (4) | (5) | (6) | | | | --- | | Amount of wages earned | | Daily rate of wages/piece rated | Basic wages | Dearness allowances | Overtime | Other cash payments (Nature of payment to be indicated) | Total | | (7) | (8) | (9) | (10) | (11) | (12) | | | | | | | --- | --- | --- | --- | | Deductions if any (indicate nature) | Net amount paid | Signature/Thumb impression of workman | Initial of employer or his representative | | (13) | (14) | (15) | (16) | Form XVIII [See Rule 239(1) (a)] Form of Register of Wages-cum-Muster Roll | | | | --- | --- | | Name and address of the Establishment where building or other construction work is carried on. | Name and permanent address of Establishment | | Nature of building or other construction work. | | | | | | | | | | --- | --- | --- | --- | --- | --- | | Sl. No. | Sl. in register of building workers | Name of employee | Designation/nature of work done | Daily attendance Units worked | Total attendance units of work done | | (1) | (2) | (3) | (4) | (5) | (6) | | 12345 | | | | | | | | | --- | | Amount of wages earned | | Daily rate of wages/piece rated | Basic wages | Dearness allowances | Overtime | Other cash payments (Nature of payment to be indicated) | Total | | (7) | (8) | (9) | (10) | (11) | (12) | | | | | | | --- | --- | --- | --- | | Deductions if any (indicate nature) | Net amount paid | Signature/Thumb impression of workman | Initial of employer or his representative | | (13) | (14) | (15) | (16) | Form XIX [See Rule 239(1) (b)] Register of Deductions for Damage or Loss | | | | | --- | --- | --- | | Name and address of the establishment where building or other construction work is carried on/is to be carried on | Name and permanent address of building workers | Name and Permanent Address of the Employer | | Nature of building or other construction work. | | | | | | | | | | | --- | --- | --- | --- | --- | --- | | Sl. No. | Name of work | Father's Name Husband's Name | Designation Nature of employment | Particulars of damage or loss | Date of damage or loss | | (1) | (2) | (3) | (4) | (5) | (6) | | | | | --- | --- | | Whether building worker showed cause against deduction | Date of Recovery | | Name of Person in whose presence building worker's explanation was heard | Amount of deduction imposed | No. of instalments | first instalment | last instalment | | (7) | (8) | (9) | (10) | (11) | (12) | Form XX [(See Rule 239(1) (b)] Register of Fines | | | | --- | --- | | Name and address of the establishment where building or other construction work is carried on/is to be carried on | Name and Permanent Address of the establishment | | Nature of building or other construction work | Name and address of the employer | | | | | | | | | --- | --- | --- | --- | --- | --- | | Sl. No. | Name of building worker | Father's/Husband's Name | Designation/Nature of employment | Act/omission for which fine imposed | Date of offence | | (1) | (2) | (3) | (4) | (5) | (6) | | | | | | | | | --- | --- | --- | --- | --- | --- | | Whether building worker showed cause against fine | Name of Person in whose presence building worker's explanation was heard | Wage periods and wages payable | Amount of fine imposed | Date on which the fine realised | Remarks | | (7) | (8) | (9) | (10) | (11) | (12) | Form XXI [See Rule 239(1) (b)] Register of Advances | | | | --- | --- | | Name and address of establishment where building or other construction work is carried on/is to be carried on | Name and Permanent address of establishment | | Name of building or other construction work | Name and address of employer | | | | | | | | | --- | --- | --- | --- | --- | --- | | Sl. No. | Name of building worker | Father's/Husband's Name | Nature of employment/ Designation | Wage period and Wages payable | Date and amount of advance given | | (1) | (2) | (3) | (4) | (5) | (6) | | | | | | | | --- | --- | --- | --- | --- | | Purposes for which advance given | No. of instalments by which advance to be repaid | Date and amount of each instalment | Date on which last instalment repaid | Remarks | | (7) | (8) | (9) | (10) | (11) | Form XXII [See Rule 239(1) (c)] Register of Overtime | | | | --- | --- | | Name and address of establishment where building or other construction work is carried on/is to be carried on | Name and Permanent address of establishment | | | | | | | | | --- | --- | --- | --- | --- | --- | | Sl. No. | Name of building worker | Father's/Husband's Name | Sex | Designation/Nature of employment | Date on which overtime worked | | (1) | (2) | (3) | (4) | (5) | (6) | | | | | | | | | --- | --- | --- | --- | --- | --- | | Total overtime worked or production in case of piece rated | Normal rates of wages | Overtime rate of wages | Overtime earnings | Date on which overtime wages paid | Remarks | | (7) | (8) | (9) | (10) | (11) | (12) | Form XXIII [See Rule 239 (2) (a)] Wage Book | | | | --- | --- | | Name and address of Employer | Name and permanent address of establishment | | Name & address of the establishment | Nature of building or other construction work | | Where building or other construction work carried on | For ......... the ....... Week/Fortnight/Month ending.............. | ### 01. No. of days worked : ### 02. No. of Units worked in case of piece rate workers : ### 03. Rate of daily / monthly wages / piece rate : ### 04. Amount of Overtime wages : ### 05. Gross wages Payable : ### 06. Deductions, if any, on account of the following : (a) Fines (b) Damage or loss (c) Loans and advances (d) Subscription towards provident fund (e) Subscription towards the Building Workers Welfare Fund. (f) Any other deductions e.g. subscriptions to Cooperative Society or account of loans from Cooperative Society / Housing Loan, or contribution to any relief fund as per provision of Clause(P) of Sub-section (2) of Section 7 of the Payment of Wages Act or for payment of any premium of Life Insurance Corporation. ### 07. Net amount of wages paid Initial of employer or his representative Form-XXIV [See Rule 239 (2) (b)] Service Certificate | | | | --- | --- | | Name and permanent address of the Establishment | Name and address/location where the building or other construction work carried on/to be carried on. | | | | | --- | --- | | Nature and location of work | : .................................................. | | Name and address of the workman | : .................................................. | | Age or date of birth | : .................................................. | | Identification marks | : .................................................. | | Father's/Husband's name | : .................................................. | | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | | Sl. No. | Total period for which employed | Nature of work done | Rate of wages with particulars of unit in case of (piece work) | If the building worker was beneficiary His registration No. date and the name of the Board | Reasons/ground on which the employment terminated | Remarks | | From | To | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | | | | | | | | | | Signature Form-XXV [See Rule 240] Annual Return of Employer to be sent to the Registering Officer Year ending 31st December ### 01. Full name and full address of the establishment of the building and other construction work (Place, Post Office, District) ### 02. Name and permanent address of the establishment. ### 03. Name and address of the employer. ### 04. Nature of building and other construction work carried on. ### 05. Full name of the Manager or person responsible for supervision and control of the establishment. ### 06. Number of building workers ordinarily employed. ### 07. Total number of days during the year on which building workers were employed. ### 08. Total number of man-days worked by building workers during the year. ### 09. Maximum of building workers employed on any day during the year. ### 10. The number of accident that took place during the year as under : (a) The total number of accident. (b) The number of accidents resulting indisablement of building workers for less than 48 hours, the number of building workers involved and the number of man-days lost. (c) The number of accidents resulting in disablement of building workers beyond 48 hours but not resulting in any permanent partial or permanent total disablement, the number of building workers involved, and the number of man-days lost on account of such accidents. (d) The number of accidents resulting in permanent partial or total disablement, the number of building workers involved and the number of man-days lost on account of such accidents. (e) The number of accidents resulting in deaths of building workers and the number of resultant deaths. The Chief Inspector or Inspectors appointed by a State Government under the Act shall direct the owners of establishments registered under this Act, to send the Annual Returns submitted by the employers of registered establishments in respect of the concerned State Government or appropriate Government to the Chief Inspectors of inspections by virtue of provisions of Section 60 of the Act. The Chief Inspector or Inspectors appointed under this Act by a State Government shall direct the owners of such establishments as are registered under this Act by registering officers appointed by the concerned State Government to send copies of the Annual Returns to the Chief Inspector by virtue of provisions of Section 60 of the Act. ### 11. Change, if any, in the management of the establishment, its location, or any other particulars furnished to the Registering Officer in the application for Registration indicating also the dates. Place........ Date......... Employer Form-XXVI [See Rule 72 (a) ] Register of Periodical Test-Examination of Lifting Appliance and Gears etc. Part-I Initial and periodical load test of lifting appliances and their annual thorough examination. "Thorough examination "means a visual examination, supplement, if necessary, by other means such as a hammer test, carried out as carefully as the conditions permit, in order to arrive at a reliable conclusion as to the safety of the parts examination, and if necessary, for such examination parts of the lifting appliances and gear shall be dismantled. (A) Initial and periodical load tests of lifting appliance | | | | | | --- | --- | --- | --- | | Situation and description of lifting appliances tested with distinguishing number of marks if any | No. of certificate of test and examination of competent person | I certify that on the date on which I have appended by signature the lifting appliance shown in column (1) was tested and no defects affecting its safe working condition were found other than those shown in column (5) | Remarks (to be signed and dated) | | Date and Signature with seal | Date and Signature with seal | | 1 | 2 | 3 | 4 | 5 | | | | | | | (B) Annual thorough examination | | | | --- | --- | | I certify that on the date to which I have appended my signature, the lifting appliance shown in Column (1) was thoroughly examined and no defects affecting its safe working conditions were found other than those shown in Column (12) . | Remarks to be signed and dated. | | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | | Date and Signature with seal | Date and Signature with seal | Date and Signature with seal | Date and Signature with seal | Date and Signature with seal | Date and Signature with seal | | | 6 | 7 | 8 | 9 | 10 | 11 | 12 | | | | | | | | | Note :- If all the lifting appliances are thoroughly examined on the same date it will be sufficient to enter in column (1) "All lifting appliances". If not, the parts which have been thoroughly examined on the dates must be clearly indicated. Part-II Initial and periodical load test of loose gears and annual thorough examination List of loose gear : The following classes of loose gears namely- ### 01. Chains made of malleable cast iron; ### 02. Plant link chain; ### 03. Chains, rings, hooks, shackles and swivels made of steel; ### 04. Pitched chains; ### 05. Rings, hooks, shackles and swivels permanently attached to pitched chains, pulley blocks, container, spreaders, trays, slings, baskets etc and any other similar gear. ### 06. Hooks and swivels having screw-threaded parts or ball bearings or other case heardened parts; and ### 07. Bordeaux connections. Initial Test and periodical load test of loose gears | | | | | | --- | --- | --- | --- | | Distinguishing no. of marks | Description of loose gear test and examined | No. of certificates of test and examination of competent person | I certify that on the date to which I have appended my signature the loose gears shown in column(1) and (2) were tested and no defects affecting the safe working condition were found other than those shown in column (6) | | Date and signature with seal. | Date and signature with seal. | | 1 | 2 | 3 | 4 | 5 | Annual thorough examination of loose gears | | | | --- | --- | | Remarks to be signed and dated. | I certify that on the date to which I have appended my signature, the lifting appliance shown in Column (1) was thoroughly examined and no defects affecting its safe working conditions were found other than those shown in Column (12) . | | | | | | | | --- | --- | --- | --- | --- | | | Date and Signature with seal | Date and Signature with seal | Date and Signature with seal | Remarks (to be signed an dated) | | 6 | 7 | 8 | 9 | 10 | | 1 | | | | | | 2 | | | | | | 3 | | | | | | 4 | | | | | | 5 | | | | | Part-III Annealing of Chains, Rings, Hooks, Shackles and Swivel (other than those exempted) (See Part II) | | | | --- | --- | | 12.5 mm and smaller chains rings, hooks, shackles and swivels in general use.Other chains, rings, hooks, shacles and swivels in general use | If used with lifting appliance driven by power, must be annealed once at least in every six months. | | If used solely with lifting appliance worked by hand, be annealed once at least in every twelve months. | | If used with lifting appliance driven by power must be annealed once at least in twelve months. | | If used solely with lifting appliance worked by hand must be annealed once at least in every two years. | Note- It is recommended though not required by rules that annealing should be carried out in suitably constructed furnace heated to temperature between 1100 degree and 1300 degree Fahrenheit or 600 degrees and 700 degrees continuous, for a period between 30 and 60 minutes.

65bab152ab84c7eca86ec5ab

acts

State of Gujarat - Act ------------------------ Gujarat Self financed Schools (Regulation of Fees) Act, 2017 -------------------------------------------------------------- GUJARAT India Gujarat Self financed Schools (Regulation of Fees) Act, 2017 ============================================================== Act 20 of 2017 ---------------- * Published on 12 April 2017 * Commenced on 12 April 2017 Gujarat Self financed Schools (Regulation of Fees) Act, 2017 (Gujarat Act No. 20 of 2017 ) (First published, after having received the assent of the Governor, in the "Gujarat Government Gazette", on the 12th April, 2017). An Act to make special provisions for fixation of fees for the self financed schools in the State and the matters connected therewith and incidental thereto. It is hereby enacted in the Sixty-eighth Year of the Republic of India as follows:- Chapter 1 Preliminary -------------------------- ### 1. Short title, extent and commencement. (1) This Act may be called the Gujarat Self financed Schools (Regulation of Fees) Act, 2017. (2) It extends to the whole of the State of Gujarat. (3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint. ### 2. Definitions. - In this Act, unless the context otherwise requires,- (a) "academic year" means the year specified by the Government or, as the ease may be, by any Board Or Council to which respective school is affiliated; (b) "an aided school" means any pre-primary school, primary school, upper primary school, secondary school, or higher secondary school, established and administered or maintained by any person or body of persons and recognized or approved by the competent authority tinder any law for the time being in force, which receives airy financial grant or assistance from the Central Government or the State Government or any local authority: (c) "educational district" means an educational district, as may be specified by the State Government in the Official Gazette; (d) "elementary education" means the education from First Class to Eighth Class; (e) "employee" means a teacher and includes every other employee working in a recognized school; (f) "existing school" means a recognized self financed school which is in existence at the commencement of this Act; (g) "Fee or Fee Structure" means any amount, by whatever name called, collected, directly or indirectly, by a school for admission of a student to any Standard or course of study and includes,- (i) Tuition fee; (ii) Term fee, which shall not exceed one month tuition fee per term; (iii) Library fee and deposit; (iv) Laboratory fee and deposit; (v) Gymkhana fee; (vi) Caution money; (vii) Examination fee; (viii) Admission fee, which shall not exceed one month tuition fee; (ix) Yoga and Physical Education fee; (x) any other fee as determined by the Fee Regulatory Committee; (h) "Fee Regulatory Committee" means a committee constituted under section 3: (i) "Fee Revision Committee" means a committee constituted under section 12; (j) "Government" means the State Government; (k) "Government school" means a school established, owned or maintained by the Government or a local authority; (l) "Higher Secondary Education" shall have the same meaning as defined pi clause (hh) of section 2 of the Gujarat Secondary and i Uglier Secondary Education Act, 1972,(Guj. 18 of 1973.); (m) "local authority" means,- (i) a Municipal Corporation constituted tinder the Gujarat Provincial Municipal Corporations Act, 1949, (Bom. LIX of 1949.); (ii) a Municipality constituted under the Gujarat Municipalities Act, 1963,(Guj 34 of 1964.); (iii) a Panchayat constituted under the Gujarat Panchayats Act, 1993,(Guj. 18 of 1993.); (n) "Management" means;- (i) in the ease of a school managed by the Government, the Government; (ii) in the case of school managed by any local authority, the respective local authority; (iii) in any other case, managing committee or tire governing body by whatever name called, of school to which the affairs of the school arc entrusted and, a person, by whatever name or designation called, where such affairs are entrusted to such person and shall also include trust Or company associated with the school in any manner whatsoever; (o) "minority educational institution" means tire Government approved institution established and administered by minority having right to do so under clause (1) of article 30 of the Constitution of India; (p) "prescribed" means prescribed by rules made under this Act; (q) "pre-primary school" means a Nursery, Junior Kindergarten, Senior Kindergarten Level or any school imparting education up to pre-primary school level for children having age of 3 to 6 years, by whatever name called and of any medium attached in the prescribed manner to the school, (r) "profiteering" means any amount accepted in cash or kind, directly or indirectly which is in excess of the fee fixed or approved as per the provisions of this Act and shall include profit earned from school by trust or company associated with the school in any manner whatsoever; (s) "public examination" means an examination conducted by the Gujarat Secondary and Higher Secondary Education Board or Centra) Board of Secondary Education or Council of Indian School Certificate Examinations or any other Board recognized by the Government; (t) "recognized school" means a school recognized by the competent Educational Authority of the State or the Central Government; (u) "self financed school" means any pre-primary school, primary school, upper primary school, secondary school or higher secondary school, established and administered or maintained by any person or body of persons including trusts and companies and recognized or approved by the competent authority under any law for the time being in force holding affiliation of international or Central or Stale Boards operating in the State of Gujarat, which are not receiving any financial grants or assistance from the Central Government or the State Government or any local authority, but does not include a school giving, providing or imparting religions instruction alone; (v) "school" includes a pre-primary, primary, upper primary, secondary and higher secondary school and also includes any other institution which imparts education or training below (he degree level, but does not include an institution which exclusively imparts technical education; (w) "school property" means all movable and immovable property belonging to, or in the possession of, the school and all other rights and interests in, or arising out of, such property, and includes land, building and its appurtenances, playgrounds, hostels, furniture, books, apparatus, maps, equipments, utensils, cash, reserve funds, investments and bank balances; (x) "secondary education" shall have meaning as doll nod by clause (u) of section 2 of the Gujarat Secondary and Higher Secondary Education Act, 1972,(18 of 1973). Chapter II Constitution of Committee, Determination of fee and Prohibition of Collection of Excess fee ----------------------------------------------------------------------------------------------------------- ### 3. Constitution of fee Regulatory Committee. (1) The Government shall constitute a Fee Regulatory Committee for the purpose of determination of the fee for any standard or course of study in self financed schools; (2) The age of the Chairperson and the members shall not be more than 65 years at the lime of appointment. The term of the Chairperson and other nominated members shall be three years. (3) The honorarium and allowances payable to and other terms and conditions of service of member shall be such as may be prescribed. (4) The Committee shall consist of the following members, namely: - (a) retired District and Sessions Judge or a person who had been a member of Ail India Service, having retired from a post not below the rank of Principal Secretary to Government or a person who had been a member of Indian Police Service, having retired from a post not below the rank of Additional Director General of Police, to be nominated by the Government, who shall be the Chairperson of the Committee; (b) the Chartered Accountant, to be nominated by the Government; (e) One Civil Engineer / Government approved valuer, to be nominated by the Government; (d) one representative from the self financed school management of the respective zone, to be nominated by the Government; (e) one Academician of repute, to be nominated by the Government. (5) The District Education Officer or, as the case may be, the District Primary Education Officer shall act as a co-ordinator to the Committee to provide administrative support. ### 4. Jurisdiction and headquarters of Committee. (1) The jurisdiction of each Fee Regulatory Committee shall be the zone comprising of such districts as the State Government may, by notification in the Official Gazette, specify. (2) The headquarters of the Fee Regulatory Committee shall be at such place specified by the Government by notification in the Official Gazette. ### 5. Vacancies, etc. not to invalidate proceedings of the committee. (1) If any vacancy occurs by reason of death, resignation, expiry of term of office or termination of appointment of the member or for any other cause whatsoever, such vacancy shall be filled in. by the State Government as soon as possible within a period of six months from the date of occurrence of the vacancy. (2) No act or proceeding of the Committee shall be questioned or shall be invalid merely on the ground of the existence of any vacancy or defect in the Constitution of the Committee. ### 6. Procedure to be regulated by the Fee Regulatory Committee. (1) The Fee Regulatory Committee shall meet as and when necessary but at least once in a quarter at such time and place as the Chairperson may think fit. (2) The Committee shall regulate its own procedure for the conduct oi its business. (3) All orders and decisions of the Committee shall be authenticated by the Chairperson of the Committee or the person duly authorized by the Chairperson in this behalf. ### 7. Disqualifications of members of Fee Regulatory Committee. - The Government may terminate the appointment of the Chairperson or any member of the Fee Regulatory Committee before the expiry of the term of his office, if he- (i) has been adjudged an insolvent; (ii) has in the opinion of the State Government, become physically Or mentally incapable of acting as a member; (iii) has been convicted of an offence involving moral turpitude, or (iv) has been guilty of proven misbehaviour: Provided that no member shall be removed from his office on the above grounds, unless he has been given a reasonable opportunity of being heard. ### 8. Powers and Functions of the Fee Regulatory Committee. (1) Subject to the provisions of section 9, the Fee Regulatory Committee shall determine the fee payable by students in the self financed schools. (2) The Committee shall have power to,- (a) require each self financed school to place before the Committee, the proposed fee structure of such school alongwith all relevant documents and books of accounts for scrutiny before such date as may be specified by the Committee; (b) verify whether the fee proposed by the self financed school is justified and whether it amounts to profiteering or charging of exorbitant fee; (c) approve the existing fee structure or determine the fee which can be charged by the self financed school; (d) verify whether the fee collected by the self financed school, Operating within the territory of the State of Gujarat, is recognised by the competent Stale Educational Authority or affiliated to the Gujarat Secondary and Higher Secondary Education Board / Central Board of Secondary Education/Council for Indian School Certificate Examinations / IB board or any other board, as the case may be and the school imparts instruction prescribed by the Gujarat Secondary and Higher Secondary Education Board or any other Board, as referred to above; (e) hear complaints or initiate suo moto hearing with regard to collection of excess fee by a self financed school, as referred to above in Clause (d); (f) regulate the fees charged by the school and penal action as per the provisions of this Act; (g) report the matter to the respective competent Educational Authority that the school has collected excess fee and it has not complied With the provisions of the respective applicable Acts and rules made thereunder of the concerned Board for appropriate action. (3) (a) For the purposes of this Act, the Fee Regulatory Committee while holding inquiry shall have the powers of a Civil Court under the Code of Civil of Civil Procedure, 1908,(V of 1908) while trying a suit in respect of the following matters, namely:- (i) summoning and enforcing the attendance of any witness examining him on oath; (ii) requiring the discovery and production of any document; (lii) receiving evidence on affidavit; and (iv) issuing commission for examination of witnesses for local inspection, (b) All inquiries and revisions under this Act shall he deemed to be the judicial proceedings within the meaning of sections 193, 219 and 228,(XLV of 1860.) of the Indian Penal Code. ### 9. Exemption from appearance before Committee. (1) The Fee Regulatory Committee may exempt such self financed schools that charge amount of fee lower than the fee prescribed by the Government by notification in the Official Gazette, from the determination of fee. Such self financed school shall file an affidavit to that effect: Provided that if any such school desires to revise the fee, it shall follow the procedure as laid down in section 8. Provided further that exclusive pre-primary classes/play groups/creches/ not attached to any school shall be exempted from the application of the provisions of this Act. (2) The Fee Regulatory Committee may determine fee for all self financed schools except the self financed school as referred to in sub-section (1), imparting pre-primary, primary, upper primary, secondary, and higher secondary education. (3) The exemption shall remain operative till the prescribed fee is revised by the Government. (4) The Fee Regulatory Committee may withdraw the exemption, after providing reasonable opportunity of hearing to the erring school, if it has reason to believe that the school has charged fee in excess of the fee, prescribed under sub-section (1) or has furnished false or misleading or incomplete information to the committee. (5) The information regarding erring schools, including details of their management shall be published through an advertisement in the leading daily newspapers, in the best interest of students, parents, and society at large. ### 10. Factors for determination of fee. (1) The Fee Regulatory Committee shall determine the tee leviable by a self financed school taking into account the following factors, namely: - (i) location of the self financed school i.e. village, town, or city in which the school is situated; (ii) investment incurred to setup the school; (iii) infrastructure made available to the students for the qualitative education, facilities provided us mentioned in the prospectus or website of the school; (iv) expenditure on administration, maintenance of services and utilities of the school: (v) excess fund generated from Non-Resident Indians, as a part of charity by the management and contribution by the Government for providing free-ship in fee or for other items under various Government schemes given to the school for the students. (vi) students strength in the self financed school; (vii) classes of study and courses of study offered by the school; (viii) qualification of leaching, and non-leaching stall (as per the relevant norms) their salary components, and reasonable amount for yearly salary increments; (ix) Expenditure incurred on the students against total income of the school which shall include profit earned from school by the trust or company associated with such school; (x) reasonable revenue surplus for the purpose of development, education and expansion of the school; (xi) any other factors which may be prescribed by the Government from time to time. (2) The bee Regulatory Committee shall, after determining the fee leviable by a self financed school, communicate its decision to the school concerned. (3) The Fee Regulatory Committee shall determine the total fees which shall be levied by considering all different fees charged by the school. (4) The fee structure so determined by the Fee Regulatory Committee shall be binding on the self financed schools for a period of three years. (5) The Fee Revision Committee may recommend to the Govern me tit for the upper fee limit to be kept for the schools of the State. The Government may consider such recommendation appropriately. ### 11. Prohibition of collection of excess fee. (1) No self financed school shall collect any fee in excess of the fee fixed by the Fee Regulatory Committee for admission of students to any standard or course of study in that school. (2) No excess fee shall be collected by any person either for himself or on behalf of such self financed school or on behalf of the management of such self financed school. (3) No school itself or on its behalf shall collect any donation or capitation fee under any name whatsoever, or receive any deposit under any head to the school managements school trusts company, or any trustee or member of the school. If any parents or guardian of a student has paid voluntarily any above referred amount, ho shall inform the concerned Fee Regulatory Committee, the details of such payment on affidavit. Such nondisclosure shall amount to abetment of the profiteering committed by the school management. (4) The School shall open and operate separate and only one flank account for individual registered school. The parents shall make payments of prescribed fees directly into the concerned school bank account. The acknowledgement of receipt of the total collected fee from the parents shall be given in the form of counter-foil from bank and concerned school, as the case may be. ### 12. Fee Revision Committee. (1) The Government shall constitute a committee for the purpose of revision against the order passed by the Fee Regulatory Committee, The headquarters of the Fee Revision Committee shall be at Gandhinagar or at such other place, as may be decided by the Chairperson of the Committee. (2) The Committee shall consist of the following members, namely: - (i) retired Judge of the High Court, to be nominated by the Government shall be the Chairperson of the Committee; (ii) the Secretary to the Government of Gujarat, Education Department (Primary and Secondary); (iii) the Secretary to the Government of Gujarat, Finance Department, or his nominee not below the rank of the Deputy Secretary; (iv) the Secretary, Gujarat Secondary and Higher Secondary Education Board or, as the ease may be, the Director, Primary Education, ex-officio, who shall be the Member-Secretary; (v) one representative from the self financed school management to be nominated by the Government; (vi) the Chartered Accountant, to be nominated by the Government. (3) A person aggrieved by the order of the Fee Regulatory Committee made under section 10 may file revision application before the Fee Revision Committee within a period of twenty-one days from the date of receipt of such order: Provided that if the Fee Revision Committee is satisfied that such school was prevented for filing a revision application within prescribed time-limit for sufficient cause, it may condone the delay and shall allow the revision application but not later than three months. (4) The orders passed by the Fee Revision Committee shall be final and binding on the self financed school. Chapter III Regulation of Accounts and Maintenance of Records ------------------------------------------------------------------ ### 13. Regulation of accounts and maintenance of records. (1) The Government shall regulate the maintenance of accounts by the self financed schools in such manner as may be prescribed. (2) The self financed schools shall maintain such records in such manner as may be prescribed. (3) Every self financed school shall maintain accounts for different kinds of transactions like the lees collected, the grants received, financial assistance received including funds from NRIs, payments of salary of staff, purchase of machinery and equipments, furniture, laboratory articles, sports equipments, library books, stationary and other expenditure incurred towards payments to the agencies, companies hired or engaged by the school for different kind of services and these accounts shall be audited by the Chartered Accountant. (4) Every self financed school shall keep the accounts and the records within the premises of the educational institution and shall make them available at all reasonable times for inspection by the Fee Regulatory Committee or its authorized officer; (5) The accounts maintained by the self financed school together with all vouchers relating to various items of receipts and expenditures shall be preserved by the schools for a period of seven years. Chapter IV Contraventions and Penalties -------------------------------------------- ### 14. Contraventions. (1) For contravention of any of the provisions of this Act or the rules made thereunder the school management shall, in addition to refund of twice the amount of fee to the parents or guardians or to the person who has made the payment, be liable - (a) to pay fine which shall be upto five lakh rupees to the Fee Regulatory Commit tee,for the first contravention; (b) to pay tine which shall not be less than five lakh rupees but which may extend to ten lakh rupees to the Fee Regulatory Committee for the second contravention; and (c) for cancellation or withdrawal of registration / affiliation /No Objection Certificate of the school, on third and subsequent contravention by the concerned authority on the recommendation of the Fee Regulatory Committee. (2) The amount of fine and the amount of refund shall be paid within fifteen days from the receipt of the order, failing which fine of one per cent of the total payable amount shall be levied each day till the refund of the total amount and fine is paid. However, if the school management fails to make the payment of fine and refund within three months, than the entire unpaid amount shall be recovered as an arrear of land revenue. ### 15. Bar of jurisdiction of civil court. - No Civil Court shall have the jurisdiction to deal with or decide any question which the Fee Regulatory Committee or as the ease may be, the Fee Revision Committee is empowered to deal with or decide with by or under this Act and no injuction shall be granted by any civil court in respect of any action taken or to be taken in pursuance of any of the provisions of this Act. Chapter V Miscellaneous ---------------------------- ### 16. Powers of State Government to give directions. - The State Government may, from time to time, issue general or special directions consistent with the provisions of this Act and the rules made thereunder, as in its opinion are necessary or expedient for carrying out the purposes of this Act or for giving effect to any of the provisions contained therein or in any rules or orders made thereunder and the management of the self financed school shall be bound by such directions. ### 17. Operation of other laws. - Save as otherwise provided in this Act, the provisions of this Act shall be in addition to, and not in derogation of any other law for the time being in force. ### 18. Protection of action taken in good faith. - No suit, prosecution or other legal proceeding shall be instituted against the Committee or its members Government or any officer, authority or person empowered to exercise the powers or perform the functions by or under this Act for anything which is in good faith done or intended to be done under this Act or the rules made thereunder. ### 19. Members of Committee officers and employees to be public servant. - All the members of the Committee and the officers and employees while acting or purporting to act lo pursuance of the provisions of this Act or rules made thereunder, be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code. ### 20. Power to make rules. (1) The State 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 honorarium and allowances payable to and other terms and conditions of service of members of the Fee Regulatory Committee under sub-section (3) of section 3; (b) the fee to be levied by the self financed schools under sub-section (1)of section 9; (c) the other factors under which the Fee Regulatory Committee shall determine the fees leviable by the self financed school under clause (xi) of sub-section (1) of section 10; (d) to regulate the maintenance of accounts by the self financed schools under sub-section (1) of sect ion 13; (e) for maintenance of records of accounts of the Fee Regulatory Committee under sub-section (2) of section 13. (3) All the rules made under this section shall be laid for not less than thirty days before the State Legislature, as soon as after they are made shall be subject to the rescission by the Slate Legislature or to such modification as the State Legislature may make during the session in which they are so laid or the session immediately following. (4) Any rescission or modification so made by the State Legislature shall be published in the Official Gazette, and shall thereupon take effect. ### 21. Power to remove difficult. (1) If any difficulty arises in giving affect to the provisions of this Act, the State Government may, by general or special order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act. as it appears to it to be necessary or expedient for the purposes of removing the difficulty; Provided that, no such order shall be made after the expiry of the period of two years from the dale of commencement of this Act, (2) Every order made under sub-section (1) shall be laid, as soon as may be, after it is made, before the State Legislature.

65b93938ab84c7eca86e8a5d

acts

State of Odisha - Act ----------------------- The Charitable Endowments (Orissa) Rules, 1956 ------------------------------------------------ ODISHA India The Charitable Endowments (Orissa) Rules, 1956 ================================================ Rule THE-CHARITABLE-ENDOWMENTS-ORISSA-RULES-1956 of 1956 ---------------------------------------------------------- * Published on 1 January 1956 * Commenced on 1 January 1956 The Charitable Endowments (Orissa) Rules, 1956 ### 1. Short title. (1) These rules may be called the Charitable Endowments (Orissa) Rules, 1956. (2) They apply to charitable endowments the objects of which do not extend beyond the State of Orissa or are not objects, to which the executive authority of the Central Government extends. ### 2. Interpretation. - In these rules- (a) "the Act" means the Charitable Endowments Act, 1890 (VI of 1890); (b) "Treasurer" means the Treasurer of Charitable Endowments for Orissa for the time being, appointed under Sub-section (1) of Section 3 of the Act, and includes such other officer as the Treasurer may appoint to discharge any of the functions assigned to him under these rules [with such designation as he may assign ;] [Inserted vide Notification. No. 35738/F/14.8.1972 published in Orissa Gazette Part-III-A/25. 8. 1972.] (c) "Form" means a form appended to these rules ; (d) "State Government" means the Government of the State of Orissa. ### 3. Previous publication of vesting orders and schemes in cases in which private persons apply for a vesting order or a scheme or modification of a scheme, and in all cases in which it is proposed to depart in any respect from the ascertained wishes or presumable intentions of the founder of an endowment, there shall ordinarily, and unless the State Government otherwise directs, be previous publication of the proposed vesting order or scheme or modification. ### 4. Mode of previous publication. (1) Unless the State Government is of opinion that a proposed vesting order of proposed scheme or modification of a scheme may be made or settled without previous publication, it shall publish a draft of the proposed order, scheme of modification or a sufficient abstract thereof, for the information of persons likely to be affected thereby. (2) The publication shall be made in the official Gazette and in such other manner as the State Government may direct. (3) There shall be published, with the draft or abstract, a notice specifying a date on of after which the proposed order, scheme or modification will be taken into consideration by the State Government. (4) The State Government shall consider any objection or suggestion which it may receive from any person with respect to the proposed order, scheme or modification thereof before the date specified in the notice under Sub-rule (3). ### 5. Costs. - The costs of the previous publication under Rule 4 of any proposed order, scheme or modification of a scheme and any other costs incurred or which may be incurred in the making of the orders or in the settlement of a scheme or modification of a scheme, shall be paid by the applicant for the order, scheme or modification, as the case may be, and, if the State Government so directs, may be paid by him of any money in his possession pertaining to the trust to which his application relates. ### 6. Securities which may vest in the Treasurer. - No securities for money, except the securities mentioned in Clauses (a) , (b), (bb), and (d) of Section 20 of the Indian Trusts Act, 1882 (11 of 1882), shall be vested in the Treasurer. ### 7. Accounts of trusts consisting of immovable property. - In the case of property vested in the Treasurer other then securities for money, the person acting in the administration of the trust and having, under Sub-section (3) of Section 8 of the Act, the possession, management and control of the property and the application of the income thereof, shall, in books to be kept by him, regularly enter or cause to be entered full and true accounts of all moneys received and paid respectively on, account of the trust, and shall, on the demand of the State Government submit annually to such public servant as the State Government may appoint in this behalf, in such form and at such time as the State Government may prescribe, an abstract of those accounts and such returns as to other matters relating to the administration of trust as the State Government may, from time to time, see fit to require. ### 8. Fees. (1) The following are prescribed as the fees to be paid to the State Government in respect of any property vested under the Act In the Treasurer : (i) in the case of property other than securities for money-the actual charges incurred by the Treasurer in the discharge of his functions in respect of the property. (ii) In the case of securities for money-at the rate of one pie for every rupee of interest collected. The fee shall be charged on interest by rounding off the amount to the nearest rupee, fractions of a rupee below eight annas being disregarded and eight annas or more being reckoned as one rupee. In calculating the amount of fee payable in each individual transaction, traction of an anna be reckoned as one anna. (2) The Treasurer may deduct any fees payable to the State Government under this rule on account of any endowment from any money in his hands on account of such endowment. If he holds on such moneys the amount shall be claimed from the administrator of the endowment. ### 9. Vesting orders how filed. - All copies or vesting orders received by the Treasurer shall be tiled together and shall be numbered in consecutive order of their receipt and when a sufficient number have been received, they shall be bound in volumes. A note shall be made on each vesting order or any entries in the registers prescribed under these Jules relating to the property vesting in the Treasurer under the order. ### 10. Registers of securities. - On the receipt of any securities for money, or on their purchase by himself, the Treasurer shall record their tecelpt in a register in Form 1. He shall also keep a separate account for each endowment in Form 2, in which he shall record all receipts Including any amounts sent for investment, and all disbursements. In the cash account in Part 11 of Form 2 the Treasurer shall record only his ovvrt transactions (such as the payment of the money to the administrators), and not the transactions of the administrators of the endowment fund. ### 11. Stock Disposal Register. - The Treasurer shall enter all Securities returned or sold by him in a register in Form 3. Returns shall also be entered in Form 2, where the amount returned will be deducted from the capital of the endowment concerned. ### 12. Custody of securities. - On the issue of a vesting order under Section 4 of the Act in respect of any securities for money, the person authorised under Section 6 of the Act to make the application for such vesting order shall, as soon as practicable forward to the Treasurer the said securities. The Treasurer shall, after recording the receipt of the said securities in the registers kept under Rule 10, take steps, as soon as practicable, to have them converted into stock and keep the stock certificate in his custody. After conversion, entries shall be made in the Treasures' Stock Register in Form 7. A consolidated register showing the securities (e. g., Promissory notes and the stock certificates) in the custody of the Treasurer shall also be maintained in Form 8. ### 13. Accounting of interest. - The Treasurer on receipt of any interest on securities, shall credit it to his Personal Ledger Account kept in the Cuttack Treasury. Withdrawal from the Personal Ledger Account shall be made by cheques only drawn by the Treasurer. The interest will be distributed to the various ledger account, in the register in Form 2, in which the gross amounts shall be shown, any deductions for fees, etc. being shown as a charge, and the payment of the balance to the Administrators being shown as a disbursement. Payment orders for interest in favour of Administrators residing outside Cuttack shall be by means of Bank Drafts and for those residing in Cuttack by cheques issued by the Treasurer. The entries in the ledger of interest received shall be taken out and agreed annually with the total amount of the interest drawn. ### 14. Balance Sheet. - The register in Form 1 shall show all securities vested in the Treasurer as such. In order to prove the balance actually bold by the Treasurer in his own hands, a balance sheet in Form 4 shall be made out annually and agreed with the actual securities in the Treasurer's possession. Such agreement shall be certified on the balance sheet. ### 15. Form of the forwarding Memo, of bank drafts, cheques, issued by the Treasurer. - The forwarding Memo, of bank drafts cheques lo be issued by the Treasurer will be in Form No. 10. ### 16. Publication of accounts. - A list of all properties vested in the Treasurer and an abstract of the accounts of the interest and the annual agreement of balance shall be published in the official Gazette in June of each year. ### 17. Register of property other than securities. - The Treasurer shall enter in a register in Form 5 any property other than securities which becomes vested in him and shall record in the same register against the original entry a note of any property of which he is divested. ### 18. Form of publication of list and abstract. - The list of properties vested in the Treasurer to be published annually under Rufe 15 shall be in Form 6. Part I will relate to properties other than securities. Part If will relate to securities and will also contain the abstract of accounts required by the Act to be published. The Treasurer shall demand and receive acknowledgements of the correctness of the balances when so published, from the administrators of endowment funds or from any one or more of their body who may have been authorised by the administrators to give such acknowledgements. ### 19. Audit. - Arrangements for the annual audit of the Treasurer's accounts shall be made by the Examiner of Local Accounts, Orissa. Form-1 [See Rule 10] Register of Securities held under Act VI of 1890 Particulars of Securities received | | | | | | | | --- | --- | --- | --- | --- | --- | | Serial No. | Date of receipt | Name and brief description of Charitable Endowment | Form whom received | No. and date of forwarding letter | Nature of Securities e.g. Government Securities 3 ½ per centLoan of 1865 Guaranteed, Railway Debentures, etc. | | 1 | 2 | 3 | 4 | 5 | 6 | | | | | | | | | | | | | | | --- | --- | --- | --- | --- | | Distinguishing number of each security | Nominal value of each security | Total nominal value of each separate endowment | Ledger folio | Remarks | | 7 | 8 | 9 | 10 | 11 | | | | | | | Form - 2 [See Rule 10] Ledger account of securities held under Act VI of 1890 ### 1. Name of endowment................................ ### 2. Particulars of vesting orders..................... ### 3. When vested in Treasurer :........................... ### 4. Names of Administrators.............................. ### 5. To whom interest is to be sent.............................. Part - I Account of Capital {| |- | Serial number in Form 1 | Particulars (e.g. received or returned) | Detail of securities (distinguishing number etc.) | 3½ per cent of 1865 | Guaranteed railway | Value of each security (separate column for each kind) | Amount of half-yearly interest | Date on which interest has been paid on receipt | Initials of Treasurer or Assistant in charge |- | | | |- | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 |- | | | | | | | | | | | |} N.B.: The balance of the value columns must be worked out on everyday on which there is a new entry. Part - II - Cash Receipt {| |- | Date | Receipt Particulars | Amount | Date | Expenditure Particulars | Amount |- | 1 | 2 | 3 | 4 | 5 | 6 |- | | | | | | |} Form - 3 [See Rule 11] Stock Disposal Register | | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | --- | | Serial No. | Date of entry | Name of the fund of trust | Number of entries in stock register | Amount disposed of | How disposed of | G.O.'s initials | Official designation of officer | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | | | | | | | | | | Form-4 [See Rule 14] Balance sheet of securities held under Act VI of 1890 | | | | | | --- | --- | --- | --- | | Particulars | 3½ per cent loan of 1865 | (A pair of columns) for each different kind of security filed | Total | | No. | Value | No. | Value | | Opening balance (from last year) Securities received Stock certificate received Grand Total Deduct Sent to the P.D.O. Reserve Bank of India for conversion into stock Balance Deduct Returned or sold Balance Add Sent for conversion out of which stock certificates have not been received Closing Balance | | Certified that the above closing balance has been compared with the Securities in Treasurer's possession has been found to agree both as to number and value. Form-5 [See Rule 17] Register of properties other than securities held under Act VI of 1890 | | | | | | | --- | --- | --- | --- | --- | | Particulars of vesting order | Name of endowment | Administrators of property | Property held | Annual income if known | | Serial No. | No. | Date | Description | Value | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | | | | | | | | | | | | | | | | | --- | --- | --- | --- | --- | | Title deeds held | To whom returned | Authority for return | Initial of Treasurer or Assistant-in-charge | Remarks | | Description | Date of receipt | Where deposited | Date of return | | 9 | 10 | 11 | 12 | 13 | 14 | 15 | 16 | | | | | | | | | | Form-6 [See Rule 18] List and abstract account of property held under Act VI of 1890 Part - I - List of properties other than securities {| |- | Particulars of vesting order | Name of endowment | Administrators of property | Property held | Annual income if known | Remarks |- | Serial No. | Number | Date | Description | Value |- | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 |- | | | | | | | | | |} Part - II - List and abstract account of securities {| |- | Cash No. | Name of endowment | Person in whose behalf held | Particulars of securities | Total of securities | Interest or dividend realised | Cash Receipt | Cash Expenditure | Remarks |- | Other cash receipts | Total cash receipts | Payments | Balance in cash |- | (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) | (9) | (10) | (11) |- | | | | | | | | | | | |} \*Enter details in columns. Form -7 [See Rule 12] Treasurer's stock register of............per cent loan of............. | | | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | --- | --- | | No. of case in Form No. | Serial No. | Date of entry | To what fund or trust the investment belongs | To whom interest is to be remitted | Amount of investment | Amount of half-yearly interest | Pair of Cols. for noting interest payment order | Remarks | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | | | | | | | Rs. as. P. | Rs. as. P. | Rs. as. P. | | Form - 8 [See Rule 12] Register of clean Government promissory notes and stock certificates held by the treasurer of charitable endowments | | | | | | | | --- | --- | --- | --- | --- | --- | | Serial No. | Date of entry | In conversion of | Particulars | (A pair of columns for noting interest for half-year ending) | Remarks | | Receipt | Disposal | | | | | No. | Amount | No. | Amount | | | | | | | Rs. as. P. | Rs. as. P. | | | Form - 9 [See Rule 15] | | | | | | | --- | --- | --- | --- | --- | | Office of the T.C.E. | | Office of the Treasurer of Charitable Endowments | | No.............Dated.....20...... From ............... To The Deputy Treasurer,Charitable Endowments, Orissa,Cuttack Sir, I acknowledge receipt of your letter No........ dated......... 19...... together with the Cheque/ Bank Draft bearing No............ dated.............. 20....... for Rs (Rupees......) and ........annas only. Yours faithfully Administrator.... Fund | | No.......... T.C.E. Dated Cuttack, the ............ 20............ payment of interest on Charitable Endowments. Fund.............................. Administrator..................... Treasury upon which Cheque/Bank Draft issued........... Interest for half-year ending .........Rs.........Cheque/Bank Draft bearing No............ dated.......... Amount of principal Rs....... in...... percent Government Securities of....... Ledger Folio No....... Vol........ Page........ D.T.C. Endowments | No.......... T.C.E., Dated Cuttack, the........... 20.... To The...................................... SUBJECT - Payment of interest on Charitable Endowments Sir, Please find enclosed a Cheque/Bank Draft bearing No............. dated...... for Rs........ (Rupees............and annas) in your favour on the State Bank of India Bank/Treasury/Sub-Treasury, being the interest for the half-year ending....... 20 on the investment of Rs.......... in...... per cent Government securities of......... relating to ........ Fund. Please acknowledge receipt, in the attached form. Yours faithfully Deputy Treasurer, Charitable Endowments, Orissa | Annexure Rules to govern the transactions of the personal ledger account of the Treasurer, Charitable Endowments, Orissa (1) The personal ledger account will be at the Cuttack Treasury. (2) Administrations: The personal ledger account will be administered by the Secretary to Government, Finance Department, in his capacity as the Treasurer, Charitable Endowments, Orissa. He may, subject to the ultimate supervision and control by himself, authorise any officer under his control to exercise any of his functions. (3) Receipts -The following classes of receipts will be credited to the personal ledger account : (i) Interest receipts on the securities vested in him; and (ii) Sale-proceeds of securities vested In him. (4) All the receipts should be credited into the personal ledger account without delay. No part of the receipts should be directly utilised by the Treasurer, Charitable Endowments for any expenditure. (5) Payments-The following classes of expenditure will be paid out of the personal ledger account : (i) Interest due on the corpus of the endowments (ii) Amounts required for the conversion, or purchase of securities; (iii) Any other expenditure specifically provided in any scheme of endowment. (6) Withdrawals should be made only by cheques signed by the Treasurer. They will be current for three months only from the date of their Issue. (7) The administrators of the charitable endowments in Cuttack city will be paid the amounts due to them from time to time (1) by cheques drawn in their favour on the State Bank at Cuttack, when the amount payable exceeds Rs. IO; and (ii) by cash when the amount does not exceed Rs. 10. Those outside Cuttack will be paid their dues by means of Reserve Bank Remittance drafts which will be obtained from the State Bank of India at Cuttack. (8) The Treasurer will maintain a cash book in which the receipts and payments relating to the personal ledger account should be entered. The cash book should be closed at the end of each month and the balance verified with that in the personal ledger account with the treasury. (9) An annual certificate specifying the actual balance on the 31st March in the personal ledger account according to his cash book should be furnished to the Accountant General after comparing it with that shown by the treasury and explaining differences, if any. (10) All vouchers, etc., relating to the payments referred to in paragraph 5 above should be retained by the Treasurer and produced for audit when required. (11) The transactions of the personal ledger account are subject to audit by the Examiner of Local Accounts, Orissa. (12) The Treasurer is responsible to see that the accounts of the various administrators are maintained properly.

65b9b7d2ab84c7eca86e9b82

acts

State of Rajasthan - Act -------------------------- The Rajasthan Legislative Assembly Members (Prevention of Disqualification) Act, 1969 --------------------------------------------------------------------------------------- RAJASTHAN India The Rajasthan Legislative Assembly Members (Prevention of Disqualification) Act, 1969 ======================================================================================= Act 5 of 1969 --------------- * Published on 5 April 1969 * Commenced on 5 April 1969 The Rajasthan Legislative Assembly Members (Prevention of Disqualification) Act, 1969 Act No. 5 of 1969 [Published in the Rajasthan Gazette, Part 4-A, Extraordinary, dated 5-4-1969] (Received the assent of the Governor on the 4th day of April, 1969.) An Act to declare certain offices of profit not to disqualify their holders for being chosen as, or for being members of the Legislative Assembly of the State. Be it enacted by the Rajasthan State Legislature in the Twentieth Year of the Republic of India as follows:- ### 1. Short title. - This Act may be called the Rajasthan Legislative Assembly Members (Prevention of Disqualification) Act, 1969. ### 2. Prevention of disqualification of membership of the State Legislative Assembly. (1) It is hereby declared that none of the following offices, in so far as it is an office of profit under the State Government, shall disqualify or shall be deemed ever to have disqualified the holder thereof from being chosen as, or for being, a member of the Rajasthan Legislative Assembly, namely:- (a) the office of a Government Pleader or Special Government Pleader or Advocate for the Government, appointed specially to conduct any particular suit, case or other proceeding by or against the State Government, before any court, tribunal, arbitrator or other authority: (b) the office of a Pleader, a Special Government Pleader or Advocate for the State Government, appointed specially to assist the Advocate General, Government Advocate or Pleader, or Special Government Pleader, or Advocate for Government, in any particular suit, case or other proceeding by or against the State Government before any court, tribunal, arbitrator or other authority; (c) the office of a panel lawyer, if the holder of such office is not entitled to any retainer or salary, by whatever name called; (d) the office of a Pradhan or Pramukh as defined in the Rajasthan Panchayat Samitis and Zila Parishads Act, 1959 (Rajasthan Act 37 of 1959). (2) Notwithstanding any judgment or order of any court or tribunal, the aforesaid offices shall not disqualify or shall be deemed never to have disqualified the holders thereof for being chosen as, or for being, members of the Rajasthan Legislative Assembly as if this Act had been in force on the date the holder of such office filed his nomination paper for being chosen as a Member of the Rajasthan Legislative Assembly. ### 3. Repeal and Saving. (1) The Rajasthan Legislative Assembly Members (Prevention of Disqualification) Ordinance, 1968 (Rajasthan Ordinance 3 of 1968) is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under this Act.

65bab194ab84c7eca86ec5b7

acts

State of Gujarat - Act ------------------------ The Gujarat Co-Operative Societies Act, 1961 ---------------------------------------------- GUJARAT India The Gujarat Co-Operative Societies Act, 1961 ============================================== Act 10 of 1962 ---------------- * Published on 1 March 1962 * Commenced on 1 March 1962 1. Amended by [Gujarat Co-operative Societies (Second Amendment) Act, 1964 (Act 30 of 1964) on 31 October 1964 ] 2. Amended by [Gujarat Co-operative Societies and the Bombay Land Improvement Schemes (Amendment) Act, 1969 (Act 21 of 1969) on 17 December 1969 ] The Gujarat Co-Operative Societies Act, 1961 (Gujarat Act No. 10 of 1962 ) Last Updated 16th May, 2019 Statement of object and Reasons Act No. 17 of 2013. - The parliament has enacted the Constitution (Ninety-Seventy Amendments) Act, 2011, thereby inserting Part IXB after IXA in the Constitution of India comprising therein the provisions relating to co-operative societies in order to see that the co-operative societies have in their affairs greater autonomy, democratic functioning and pro provisions relating to co-operative societies in order to see that the co-operative societies have in their affairs greater autonomy, democratic functioning and professional management. The Provision of Part IXB mainly relate to number and term of the members of the Managing Committee election of members of the Managing Committee, supersession and suspension of the Managing Committee, audit of accounts of cooperative societies, convening of general body meetings, returns, required to be filed by the co-operative societies, etc. The State Legislatures are required to insert the above provisions in their law relating to co-operative societies in view of the above said constitutional amendments. It is, therefore, considered necessary to amend the Gujarat Co-operative Societies Act, 1961 in tune with the provisions contained in Part IXB of the Constitution of India. This Bill seeks to achieve the aforesaid objects.] The following notes on clauses explain, in brief, the important provisions of the Bill:- Clause 2. - This clause provides for the definitions of "authorized person" and "committee". Clause 3. - New Sections 28-A and 28-B proposed to be inserted by this clause provide for the attendance of the members of the Society in the general body and failure on the part of member comply with the provisions his membership shall be liable for removal. Section 28B castes upon the State Government to provide for co-operative education and training to the members of the co-operative society for effective participation in managing the affairs of the society Clause 4. - New Section 41-A proposed to be inserted by this clause castes duty upon the co-operative society to file returns containing the matters specified therein, within six months of the closure of financial year, to the authority as may be designated by the State Government. Clause 5. - This clause provides that the deduction made by the employer from the salary or wages payable to the employees shall be required to be deposited within a period of fourteen days from the date on which such deduction is made. Clause 6. - (i) New sub-Section (1A) proposed to be inserted in Section 74 by this clause provides that the members of the Managing Committee of a Society shall not exceeds twenty-one in number; (ii) New sub-Section (1B) proposed to be inserted in Section 74 by this clause provides for the reservation of one seat for Scheduled Castes or Scheduled Tribes and two seats for Women on the Managing Committee of every society; and also one seat be reserved small farmers and marginal farmers; (iii) New sub-Section (1C) proposed to be inserted in Section 74 by this clause provides that the term of office of the elected members of the Managing Committee and its office bearers shall be five years from the date of the election of the Committee and filling up of the casual vacancies by nomination if the term of office of the elected members of the Managing Committee and its office bearers; (iv) New sub-Section (1D) proposed to be inserted in Section 74 by this clause provides for co-option of the persons not exceeds two, having experience in the field as mentioned therein; (v) New sub-Section (1D) proposed to be inserted in Section 74 by this clause provides that the co-opted members shall not have the right to vote in any election of the society in their capacity as such members or be eligible for contesting election of office of bearers of the Managing Committee; (vi) New sub-section (1E) proposed to be inserted in Section 74 by this clause provides that the functional directors of the society, shall also be members "of Managing Committee but shall be excluded from the total number of members of the Managing Committee. Clause 7. - This clause provides for deletion of existing Section 74-B. Clause 8. - Sub-section (4) proposed to be inserted in Section 74-C by this clause provides that the election of the Managing Committee shall be conducted before the expiry of its term so that newly elected members of the Managing Committee assumes office on the expiry of the office of the members of the outgoing Managing Committee. Clause 9. - (i) Sub-section (1) of new Section 74-CC proposed to be inserted by this clause empowers the State Government to notify, by notification in the Official Gazette, the authority which shall conduct the election of the Committee and of the office bearers of the societies other than the specified societies; (ii) sub-Section (2) of new Section 74-CC proposed to be inserted by this clause empowers the State Government to prescribe by rules, the manner in which the authority shall conduct the election of the Committee and of the office bearers of the societies other than the specified societies. Clause 10. - This clause provides for deletion of existing Section 74-D. Clause 11. - Sub-section (1) of Section 77 is proposed to be substituted by this clause castes duty upon the co-operative society to convene general meeting within six months of the financial year. Clause 12. - Section 81 proposed to be substituted by this clause provides for the supersession or suspension of the Managing Committee for a period not exceeding six months for default as specified therein; and also provides for appointment of one or more administrator or a committee of one or more members for managing the affairs of the society. Clause 13. - Section 84 proposed to be substituted by this clause provides that the audit of accounts of the Societies shall be audited atleast once in each financial year within a period of six months from the closure of the financial year by an Auditor or auditing firm from app by the Government or an authority authorized by the State Government having prescribed qualifications and experience; it also provides for re-audit of the societies, audit fee to be paid to the auditor and periodical inspection of the societies by the officers subordinate to the Registrar or by the federal society or financial bank Clause 14. - Sub-section (1A) proposed to be inserted in Section 107 by this clause provides for the winding up the society in the manner specifies therein after discharging the liabilities towards the debt and assets of the society. Clauses 15 and 16. - Section 147 proposed to be amended by this clause provides for the certain other offences in contravention of the provisions of this Act; and Section 148 provides for penalties for certain other offences made punishable under provisions of Section 147 as amended by this Bill. Clause 17. - New Section 168-A proposed to be inserted by this clause provides for provisions for- (i) the term of existing societies; (ii) orders passed by the administrator or Registrar; (iii) transfer of pending proceedings before the Registrar or authorized person or any other officer, authority as may be notified by the State Government. [Dated 1st March, 1962] Received the Assent of the President on March 1, 1962. An Act to consolidate and amend the law relating to co-operative societies in the State of Gujarat. It is hereby enacted in the Twelfth year of the Republic of India as follows: Chapter I Preliminary -------------------------- ### 1. Short title and Commencement. (1) This Act may be called the Gujarat Cooperative Societies Act, 1961. (2) It extends to the whole of the State of Gujarat. (3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint. ### 2. Definitions. - In this Act, unless the context otherwise requires. (1) "auditor" means a certified auditor appointed either by the Registrar or by a society to audit the accounts of the society; (1A) [ "authorised person" means a person duly authorised by the Registrar to take action under the provisions of this Act;] [Inserted by Gujarat Act No. 17 of 2013, dated 15.4.2013.] (2) "bye-laws" means bye-laws registered under this Act and for the time being in force, and include registered amendments of such bye-laws; (3) "Central Bank" means a co-operative bank, the objects of which include the creation of funds to be loaned to other societies; (4) "certified auditor" means a person who possesses the prescribed qualifications and is authorised by the Registrar as an auditor under Section 84; (5) "committee" means the Managing Committee or other governing body of a society to which the direction and control of the management of the affairs of a society is entrusted to;] [Substituted by Gujarat Act No. 17 of 2013, dated 15.4.2013.] (6) "company" means a company as defined in the Companies Act, 1956 (1 of 1956), and includes a Banking Company and also any board, corporation or other corporate body, constituted or established by any Central, State or Provincial Act for the purpose of the development of any industry; (7) "co-operative bank? means a society registered under this Act and doing the business of banking, as defined in clause (b) of sub-section (1) of Section 5 of the Banking Companies Act, 1949 (X of 1949); [(7-A) "co-operative credit structure" means [Inserted by Gujarat 1 of 2008, Section 2 (w.e.f. 8.10.2007).] (i) the Primary Agricultural Credit Co-operative Societies; (ii) the Central Co-operative Banks; and (ii) the State Co-operative Bank;] (8) "dividend" means the amount paid, out of the profits of a society, to a member in proportion to the shares held by him; (9) "federal society" means society, not less than five members of which are themselves societies; (10) "firm" means a firm registered under the Indian Partnership Act, 1932 (IX of 1932); (11) "Land Revenue Code" means the Bombay Land Revenue Code, 1879 (V of 1879) as in force in the Bombay and Saurashtra areas of the State of Gujarat or as the case may be, that Code as in force in the Kutch area of the State of Gujarat; (12) "Liquidator" means a person appointed as a liquidator under this Act; (13) "member" means a person joining in an application for the registration of a co-operative society which is subsequently registered, or a person, duly admitted to membership of a society after registration, and includes a nominal, associate or sympathizer member; [(13-A) "National Bank" means the National Bank for Agriculture and Rural Development established under Section 3 of the National Bank for Agriculture and Rural Development Act, 1981";] [Inserted by Gujarat 1 of 2008, Section 2 (w.e.f. 8.10.2007).] (14) "officer" means a person elected or appointed by a society to any office of such society according to its bye- laws; and includes a chairman, vice-chairman, president, vice- president, managing director, manager, secretary, treasurer, member of the committee, and any other person elected or appointed under this Act, the rules or the bye-laws, to give directions in regard to the business of such society; (15) "prescribed" means prescribed by rules; (16) "rebate" means any payment made in cash or kind, out of the profits of a society, to a member or any other person, on the basis of his contribution to the business of the society; (17) "Registrar" means a person appointed to be the Registrar of Co-operative Societies under this Act; and includes to the extent of the powers of the Registrar conferred on any other person under this Act, such person and includes an Additional or Joint Registrar; (18) "rules" means rules made under this Act; (19) "society" means a co-operative society registered, or deemed to be registered, under this Act; (20) "society with limited liability" means a society having the liability of its members limited by its bye- laws; (21) "society with unlimited liability" means a society, the members of which are, in the event of its being wound up, jointly and severally liable for and in respect of its obligations and to contribute to any deficiency in the assets of the society; (22) "the state co-operative council" means the council constituted under Section 156 of this Act; (23) "Tribunal" means the Gujarat State Co-operative Tribunal constituted under this Act; (24) "working capital" means funds at the disposal of a society inclusive of paid up share capital, funds built out of profits, and money raised by borrowing and by other means. Chapter II Registrar and Registration ------------------------------------------ ### 3. Registrar and other officers and their powers. (1) For carrying out the purposes of this Act, the State Government shall appoint a person to be the Registrar of Co-operative Societies for the State. (2) To assist the Registrar in his functions under this Act, the State Government may appoint such number of Additional Registrars, Joint Registrars, Deputy Registrars, Assistant Registrars and other persons with such designations as it may think fit. (3) The State Government may, by general or special order, confer on a person or persons appointed under sub-section (2) all or any of the powers of the Registrar under this Act. (4) Every person appointed under sub-section (2) shall work under the general guidance, and the superintendence and control of the Registrar. ### 4. Societies which may be registered. - A society, which has as its object the promotion of the economic interests or general welfare of its members or of the public, in accordance with co-operative principles, or as society established with the object of facilitating the operations of any such society, may be registered under this Act: Provided that it shall not be registered if, in the opinion of the Registrar, it is economically unsound, or its registration may have an adverse effect upon any other society, or it is opposed to, or its working is likely to be in contravention of public policy. ### 5. Registration with limited or unlimited liability. - A society may be registered with limited or unlimited liability. ### 6. Conditions of registration. (1) No society other than a federal society shall be registered under this Act unless it consists of atleast ten persons (each of such persons being a member of different family) who are qualified to be members under this Act and who reside in the area of operation of the society. [(1-A) In case of the society in co-operative credit structure registered under subsection (1) , the society shall have power to decide their respective area of operation without any restrictions.] [Inserted by Gujarat 1 of 2008, Section 3 (w.e.f. 8.10.2007).] (2) No society with unlimited liability shall be registered, unless all persons forming the society reside in the same town or village, or in the same group of villages. (3) No federal society shall be registered, unless it has atleast five societies as its members. (4) Nothing in this Act shall be deemed to effect the registration of any society made before the commencement of this Act. (5) The word "limited" or "unlimited" shall be the last word in the name of every society with limited or unlimited liability, as the case may be, which is registered or deemed to be registered under this Act. Explanation. - For the purposes of this section the expression "member of a family" means a wife, husband, father, mother, grand-father, grand-mother, step-father, stepmother, son, daughter, step-son, step- daughter, grand-son, grand- daughter, brother, sister, half-brother, half-sister and wife of brother or half-brother. ### 7. Power to exempt societies from conditions as to registration. - Notwithstanding anything contained in this Act, the State Government may, by special order in each case, exempt subject to such conditions, if any, as it may impose, any society from any of the requirements of this Act as to registration. ### 8. Application for registration. (1) For the purposes of registration, an application shall be made to the Registrar in the prescribed form, and shall be accompanied by four copies of the proposed bye-laws of the society. The person by whom, or on whose behalf, such application is made, shall furnish such information in regard to the society, as the Registrar may require. (2) The application shall be signed- (a) in the case of a society other than a federal society, by at least ten persons (each of such persons being a member of a. different family) who are qualified under this Act, and (b) in the case of a federal society, by atleast five societies. (3) No signature to an application on behalf of a society shall be valid unless the person signing is a member of the committee of such society, and is authorised by the committee by resolution to sign on its behalf the application for registration of the society and its bye-laws; and a copy of such resolution is appended to the application. ### 9. Registration and provisional registration, certificate of registration. (1) On receipt of an application for registration from a society- (a) if the Registrar is satisfied that the society has complied with the provisions of this Act and the rules as to registration and that its bye-laws are not contrary to this Act and the rules, he shall register the society and its bye-laws; and (b) if the Registrar is of opinion that the application complies with the requirements of Section 8 but that its bye-laws are not in conformity with the provisions of this Act and the rules, he may provisionally register the society and by an order in writing permit the society to perform such functions subject to such conditions as he may specify in the order and may also by an order in writing direct the society to amend within the period prescribed in this behalf its bye-laws so as to bring them in conformity with this Act and the rules. (2) When a society has been provisionally registered, the Registrar shall, on its compliance with the order made under clause (b) of sub-section (1) finally register it and its bye- laws, and on its failure to comply with the order shall cancel its provisional registration. (3) A provisionally registered society shall not be deemed to be a society registered under this Act. (4) On the registration of a society, the Registrar shall issue to it a certificate of registration signed by him. (5) A certificate of registration issued under sub- section (4) shall be conclusive evidence that the society therein mentioned is duly registered, unless it is proved that the registration has been cancelled. (6) If the Registrar refuses to register the society, he shall forthwith communicate his decision with reasons therefor, to the person who has signed first on the application. ### 10. Register of societies. - The Registrar shall maintain a register in the prescribed form of all societies registered or deemed to be registered under this Act. ### 11. Power of Registrar to decide certain questions. - When, any question arises whether for the purpose of the formation, or registration or continuance of a society, or the admission of a person as a member of a society under this Act or a person is an agriculturist or non-agriculturist, or whether any person is a resident in a town, or village or group of villages, or whether two or more villages, shall be considered to form a group, or whether any person belongs to any particular tribe, class or occupation, the question shall be decided by the Registrar. ### 12. Classification of societies. - The Registrar may classify all societies in such manner, and into such classes, as he thinks fit; and the classification of a society under any head of classification by the Registrar shall be final. ### 13. Amendments of bye-laws of societies. (1) No amendment of the bye-laws of a society shall be valid until registered under this Act. For the purpose of registration of an amendment of the bye-laws, a copy of the amendment passed, in the manner prescribed, at a general meeting of the society, shall be forwarded to the Registrar. (2) If the Registrar is satisfied that the amendment so forwarded is not contrary to this Act or the rules, he may register the amendment: Provided that no order refusing to register the amendment shall be passed except after giving the society an opportunity of being heard. [Provided further that the application for registration of amendment of bye-laws of a society shall be disposed of within sixty days from the date of its receipt.] [Added by Gujarat 1 of 2008, Sec. 4 (w.e.f. 8.10.2007).] (3) When the Registrar registers an amendment of the bye-laws of a society, he shall issue to the society a copy of the amendment certified by him, which shall be conclusive evidence of its registration. (4) Where the Registrar refuses to register an amendment of the bye- laws of a society, he shall communicate the order of refusal, together with his reasons therefor, to the society. ### 14. Power to direct amendment of bye-laws. (1) If it appears to the Registrar that an amendment of the bye-laws except in respect of the name or objects of a society is necessary or desirable in the interest of such society, he may call upon the society, in the prescribed manner, to make the amendment within such time as he may specify. (2) If the society fails to make the amendment within the time so specified, the Registrar after giving the society an opportunity of being heard and with the prior approval of the State Co-operative Council, may register the amendment, and shall thereupon issue to the society a copy thereof certified by him. With effect from the date of the registration of the amendment in the manner aforesaid, the bye-laws shall be deemed to have been duly amended accordingly; and the bye-laws as amended shall be binding on the society and its members. ### 15. Change of name. (1) Subject to the provisions of the rules a society may, by resolution passed at a general meeting, and with the approval of the Registrar, change its name but such change shall not affect any right or obligation of the society, or of any of its members, or of any of the persons who have ceased to be members; and any legal proceedings pending before any person, authority or Court may be continued by or against the society, under its new name. (2) When a society changes its name, the Registrar shall enter the new name in its place in the register of societies, and shall also amend the certificate of registration accordingly. ### 16. Change of liability. (1) Subject to the provisions of this Act and the rules, a society may by passing a resolution and by amending its bye-laws, change the form or extent of its liability. (2) When a society has passed a resolution to change the form or extent of its liability, it shall give notice thereof in writing to all its members and creditors and, notwithstanding anything in any bye-laws or contract to the contrary, any member or creditor shall, during a period of one month from the date of service of such notice upon him, have the option of withdrawing his investment in its shares, and his deposits and loans, and of demanding the payment of its other dues, if any. (3) Any member or creditor who does not exercise his option within the period specified in sub-section (2), shall be deemed to have assented to the change. (4) An amendment of the bye-laws of a society, changing the form or extent of its liability, shall not be registered or take effect until, either- (a) all members and creditors have assented, or deemed to have assented thereto as aforesaid; or (b) all claims of members and creditors exercising the option, under subsection (2) have been met in full. ### 17. Amalgamation, transfer, division or conversion of societies. (1) Subject to the provisions of the rules and the previous sanction of the Registrar a society may, by resolution passed by two-thirds majority of the members present and voting at a special general meeting held for the purpose, decide- (a) to amalgamate with another society; (aa) [ to amalgamate with another society registered under the Multi-State Co-operative Societies Act, 2002 (39 of 2002);] [Inserted by Gujarat Act No. 19 of 2013, dated 19.9.2013.] (b) to transfer its assets and liabilities, in whole or in part, to any other society; (c) to divide itself into two or more societies; (d) to convert itself into another class of society; or (e) to change its objects. (2) Where the amalgamation, transfer, division or conversion referred to in sub-section (1) involves a transfer of the liabilities of society to any other society, the Registrar shall not sanction the resolution of the society unless he is satisfied that- (i) the society, after passing such resolution, has given notice thereof in writing to all its members, creditors and other persons whose interests are likely to be affected (hereinafter, in this section referred to as `other interested persons"), giving them the option, to be exercised within one month from the date of the receipt of such notice, of becoming members of any of the new societies, or continuing their membership in the amalgamated or converted society, or of withdrawing their investments in its shares, their deposits and loans and demanding payment of their other dues, if any, (ii) all the members and creditors and other interested persons, have assented to the decision, or are deemed to have assented thereto by having failed to exercise the option within the period specified in clause (i), and (iii) all claims of members and creditors and other interested persons, who exercise the option within the period specified, have been met in full. (3) Notwithstanding anything contained in the Transfer of Property Act, 1882 (IV of 1882), or the Indian Registration Act, 1908 (XVI of 1908), in the event of division or conversion, the registration of the new societies or, as the case may be, of the converted society, and in the event of amalgamation, on the amalgamation the resolution of the societies concerned with amalgamation, shall in each case be sufficient conveyance to vest the assets and liabilities of the original society or amalgamating societies in the new societies or converted or amalgamated society, as the case may be. (4) The amalgamation, transfer, division or conversion made under this section shall not affect any right or obligation of the societies so amalgamated, or of the society so divided or converted, or of the transferee, or render defective any legal proceedings which might have been continued or commenced by or against the societies which have been amalgamated, or divided or converted; and accordingly such legal proceedings may be continued or commenced by or against the amalgamated society, the converted society, the new societies or the transferee, as the case may be. ### 17A. [ Power to direct amalgamation and re-organisation of societies in public interest, etc. [Inserted by Gujarat Act 23 of 1982] (1) Where the Registrar is satisfied that it is essential in the public interest or in the interest of co-operative movement, or for the purpose of securing proper management of any society that two or more societies should be amalgamated or that any society should be re-organised, then, notwithstanding anything contained in Section 17 but subject to the provisions of this section, the Registrar may, after consulting such federal society as may be notified in this behalf by the State Government by order published in the Official Gazette, provide for the amalgamation of these societies into a single society or, as the case may be, for the re-organisation of that society, with such constitution, property rights, interests and authorities, and such liabilities, duties and obligations as may be specified in the order. Such order may also provide for the constitution of the committee of management or any other committees of the new amalgamated, or re-organised society, the persons who shall be, or continue to be, the officers of such society and the period after which such committee or committees may be re-constituted. (2) No order shall be made under this section unless,- (a) a copy of the draft of the proposed order has been sent to the society or each of the societies concerned; (b) the Registrar has considered suggestions and objections if any received either from the society or from any member or class of members thereof or from any creditor or class of creditors within such period (not being less than one month from the date on which the copy of the order as aforesaid was received by the society) as the Registrar may fix in that behalf, and has, if necessary, modified the same in the light of such suggestions and objections. (3) The order referred to in sub-section (1) may contain such incidental, consequential and supplemental provisions as may, in the opinion of the Registrar, be necessary to give effect to the amalgamation or re-organisation. (4) Every member of each of the societies so amalgamated, shall be deemed to be a member of the new amalgamated society, and every member of the society so reorganized shall be deemed to be a member of the new re-organised society and all such members shall have all rights, privileges and liabilities of the members of the concerned new societies: Provided that any member of the new society so amalgamated, or re-organised may, within such period and in such manner as may be prescribed, resign his membership of the new society and on such resignation he shall be entitled to withdraw his share and any other dues and interest in the society. (5) (a) On the issue of an order under sub-section (1) in respect of any societies or society, notwithstanding anything contained in any law for the time being in force, all the assets, rights and liabilities of the amalgamating societies, or, as the case may be, the original society which is re-organised shall stand transferred to, and vest in, the new amalgamated society, or, as the case may be, the new re-organised society; (b) the provisions of sub-sections (3) and (4) of Section 17 and the provisions of Section 18 shall apply in relation to the amalgamation or re-organisation of the societies under this section as if- (i) the order of amalgamation were a resolution of societies concerned with amalgamation, and (ii) the original society was re-organised under Section 17.] ### 18. Cancellation of registration of amalgamated, divided or converted societies. - Where two or more societies have been amalgamated, or a society has been divided or converted, the registration of such societies or society, as the case may be, shall be cancelled on the date of registration of the new society or societies so formed. ### 19. Reconstruction of societies. - Where a compromise or arrangement is proposed- (a) between a society and its creditors, or (b) between a society and its members the Registrar may, on the application of the society or of any member or of any creditor of the society, or in the case of a society which is being wound up, of the liquidator, order reconstruction in the prescribed manner, of the society. ### 20. Cancellation of registration. (1) The Registrar shall make an order cancelling the registration of a society if it transfers the whole of its assets and liabilities to another society, or amalgamates with another society, or divides itself into two or more societies, or if its affairs are wound up or it has not commenced business within a reasonable time of its registration or has ceased to function. (2) An order made under sub-section (1) shall be published in the Official Gazette. (3) The society shall, from the date of such order of cancellation, be deemed to be dissolved and shall cease to exist as a corporate body. ### 21. Partnership of societies. (1) Any two or more societies may, with the prior approval of the Registrar, by resolution passed by three-fourths majority of the members present and voting at a general meeting of each such society, enter into partnership for carrying out any specific business or businesses, provided that each member of each society has had clear ten days' written notice of the resolution, and the date of the meeting. (2) Nothing in the Indian Partnership Act, 1932 (XI of 1932) and the Indian Companies Act, 1956 (I of 1956) shall apply to such partnership. Chapter III Members and Their Rights and Liabilities --------------------------------------------------------- ### 22. Person who may become member. (1) Subject to the provisions of Section 25, no person shall be admitted as a member of a society except the following, that is to say- (a) an individual, who is competent to contract under the Indian Contract Act, 1872 (IX of 1872); (b) a firm, company, [or any other body corporate constituted under any law for the time being the force] [Substituted for the word 'association' by Gujarat 23 of 1982] or a society registered under the Societies Registration Act, 1860 (XXI of 1860); (c) a society registered, or deemed to be registered, under this Act; (d) the State Government; (e) [ a local authority; [Inserted by Gujarat 23 of 1982] (f) a public trust registered or deemed to have been registered under Bombay Public Trusts Act, 1850; (Bombay XXIX of 1950)]: (g) [ a group of the individuals eligible under clause (a), whether incorporated or not and whether established or not by or under any law :] [Inserted by Gujarat 1 of 2008, Section 5(1) (w.e.f. 8.10.2007).] Provided that, the provisions of clause (a) shall not apply to an individual seeking admission to a society exclusively formed for the benefit of students of a school or college: Provided further that subject to such terms and conditions as may be laid down by general or special order [a firm or a company or other body corporate constituted under any law for the time being in force] [Substituted for the words 'a firm or company' by Gujarat 23 of 1982] may be admitted as a member only of such society as may be prescribed. (2) [ Every person seeking admission as a member of a society, if duly qualified for membership of such society under the provisions of this Act, the-rules and the bye-laws of the society, may make an application to the society for membership. The society shall take decision on the application and shall communicate the decision within a period of three months from the date of the receipt of the application.] [Substituted by Gujarat 1 of 2008, Section 5(2) (w.e.f. 8.10.2007).] (3) Notwithstanding anything contained in sub-section (1), the State Government, may, having regard to the fact that the interest of any person or class of persons engaged in or carrying on any profession, business or employment conflicts or is likely to conflict with the objects of any society or class of societies by general or special order published in the Official Gazette, declare that such person or such class of persons shall be disqualified from being admitted, or for continuing, as member or members or shall be eligible for membership only to a limited extent, of any society or class of societies, so long as such person or persons are engaged in or carry on that profession, business, or employment as the case may be. (4) All the depositors having deposits of rupees ten thousand or above for a minimum period of one year and the borrowers shall be compulsorily made members in the Primary Agricultural Credit Co-operative Societies : Provided that the depositors having deposits less than rupees ten thousand shall be made nominal members. [(5) The State Government may, by notification in the Official Gazette, alter the limit of rupees ten thousand specified by sub-section (4) and also specify such amount of deposit as it deems necessary for a class of society and different amount may be specified for different classes of societies. In the case of borrowing members, the society shall prescribe in its bye-laws, linking shares subject to minimum of two and half per cent of the loan taken by the borrowers.] [Added by Gujarat 1 of 2008, Section 5(3) (w.e.f. 8.10.2007).] ### 23. Removal from membership in certain circumstances. (1) Where a person becomes a member of any society on his making a declaration as required by the bye-laws of the society or otherwise and such declaration is found to be false, then such person shall be disqualified to continue as a member of the society. (2) Where a person continues as a member of the society notwithstanding the disqualification incurred by him [under sub-section (3) of Section 22 or under subsection (1)] [Substituted for the words, brackets and figures 'under sub-section (1) ' by Gujarat 23 of 1982] , he shall be removed from the society by the Registrar: Provided that the Registrar shall, before making an order of removal give the person an opportunity of being heard. ### 24. Open membership. (1) No society shall, without sufficient cause, refuse admission to membership to any person duly qualified therefor under the provisions of this Act, the rules and bye-laws of such society. (2) Where the society does not communicate any decision to a person within a period of three months from the date of receipt by the society of his application for admission, such person shall be deemed to have become the member of such society on the expiry of the aforesaid period of three months. (3) Where a person is refused admission as a member of a society, the decision together with the reasons therefor shall be communicated in writing to such person by the society within three months from the date of receipt by the society of the application for admission made by such person. (4) Any society aggrieved by the admission of a member under sub-section (2) or any person aggrieved by the decision of the society refusing him its membership under subsection (3) may appeal to the Registrar. (5) An appeal under sub-section (4) shall be made within a period of two months from the date of communication to him of the decision of the society or, as the case may be, from the date of the expiry of the period of three months specified in sub-section (2). (6) The decision of the Registrar in appeal shall be final and shall not be called in question in any Court. (7) Nothing in this section shall apply to a society belonging to a class notified under sub-section (2) of Section 22. ### 25. Nominal, associate and sympathiser member. (1) Notwithstanding anything contained in Section 22, a society of such class as may be prescribed may admit any person as a nominal, associate, or sympathiser member: Provided that the total member of associate and sympathiser members in a society shall not exceed ten per cent of the total number of members thereof. (2) A nominal, associate or sympathiser member shall not be entitled to any share, in any form whatsoever, in the assets or profits of the society. Subject to the provisions of sub-section (6) of Section 28 a nominal, associate or sympathiser member shall have such privileges and rights of a member and be subject to such liabilities of a member, as may be specified in the bye-laws of the society. ### 26. Cessation of membership. - A person shall cease to be a member of a society on his resignation from the membership thereof being tendered in writing to the society and accepted by the society or on the transfer of the whole of his share or interest in the society to another member, or on his death, or removal or expulsion from the society: Provided that, the resignation of a person from the membership of a society, if such member is not in debt to the society or is not a surety for an unpaid debt due to the society, shall unless it is accepted earlier be deemed to have been accepted on the expiry of one month from the date of tendering his resignation in writing to the society. ### 27. No rights of membership to be exercised till due payments are made. - [(1) ] [Section 27 shall be renumbered as sub-section (1) by Gujarat 1 of 2008, Section 6 (w.e.f. 8.10.2007).] No person shall exercise the rights of a member of a society, until he has made such payment to the society in respect of membership, or acquired such interest in the society, as may be prescribed by the rules, or the bye-laws of such society. (2) [ The person who has committed a default and remains as such defaulter in making repayment of loan or interest thereon for a period of one year from the due date of repayment of such loan or interest or installment shall not be entitled to exercise voting rights of a member of a society till all such repayments are made.] [Added by Gujarat 1 of 2008, Sec. 6 (w.e.f. 8.10.2007).] ### 28. [ Voting powers of members. [Substituted by Gujarat Act No. 23 of 1982] (1) No member of any society shall have more than one vote in its affairs: Provided that in the case of an equality of votes the Chairman shall have a casting vote. (2) Where a share of a society is held jointly by more than one person, each such person shall have, in the absence of preceding person or persons, a right to vote: Provided that such person is present and is not a minor: Provided further that where the manner of voting is by ballot, all the joint holders of the share may appoint one of them to vote on their behalf in the affairs of the society. (3) A society which has invested any part of its funds in the shares of another society, may appoint one of its members to vote on its behalf in the affairs of that other society, and accordingly such member shall have the right to vote on behalf of the first society: Provided that the first society shall not appoint any of its members who is also its paid employee. (4) A company or any other body corporate constituted under any law for the time being in force which has invested any part of its funds in the shares of a society may appoint any one of its directors or officers to vote on its behalf in the affairs of such society; and accordingly such director or officer shall have the right to vote on behalf of the company or the body corporate, as the case may be. (5) Where a firm has invested any part of its funds in the shares of a society, any one of its partners appointed by the firm shall be entitled to vote in the affairs of the society on behalf of the firm. (6) A local authority or public trust which has invested any part of its funds in the shares of a society may appoint any of its members or trustees to vote on its behalf in the affairs of that society; and accordingly, such person shall have the right to vote on behalf of the local authority or the public trust, as the case may be. (7) No nominal or sympathiser member shall have the right to vote and no such member shall be eligible to be a member of a committee or for appointment as a representative of the society on any other society. (8) The voting rights of individual members of a federal society shall be such as may be regulated by the rules and by the bye-laws of the society.] ### 28A. [ Attendance of meeting by members. [Inserted by Gujarat Act No. 17 of 2013, dated 15.4.2013.] - It shall be the duty of every member of a society- (i) to attend atleast two meetings of the general body within a consecutive period of five years; (ii) to utilize minimum level of services as prescribed in the bye-laws : Provided that a member who does not attend atleast two meetings of the general body as above or does not utilize minimum level of services as prescribed in the bye-laws for a consecutive period of five years, shall be liable to be removed by the Registrar as the member of the society Provided further that before removing such person from the membership of the society, he shall be afforded an opportunity of being heard and if his explanation is found satisfactory, his name shall not be removed from the membership of the society. ### 28B. Provision for co-operative education and training to members. - The State Government may impart co-operative education and training to the members of the co-operative societies so as to enable them to effectively manage the affairs of the society.] ### 29. Restrictions of holding on shares. - In any society, no member other than the State Government or a society, shall hold more than such portion not exceeding one fifth of the total share capital of the society as may be prescribed: Provided that the State Government may, by notification in the Official Gazette, specify in respect of any class of societies a higher maximum than one-fifth of the share capital. ### 30. Restrictions on transfer of share or interest. (1) Subject to the provisions of Section 29 and sub-section (2) a transfer of, or charge on, the share or interest of a member in the capital of a society shall be subject to such conditions as may be prescribed. (2) A member shall not transfer any share held by him, or his interest in the capital or property of any society, or any part thereof, unless,- (a) he has held such share or interest for not less than one year; (b) the transfer or charge is made to the society, or to a member of the society, or to a person whose application for membership has been accepted by the society; and (c) the committee has approved such transfer. ### 31. Transfer of interest on death of member. (1) On the death of a member of a society, the society shall subject to the provisions of sub-section (2) transfer his share or interest in the society to a person or persons nominated by such member in accordance with the rules or, in the absence of such nomination to such person as may appear to the Committee to be the heir or legal representative of such member. (2) No such transfer shall be made unless such nominee, heir or legal representative, as the case may be, is duly admitted as a member of the society. (3) Notwithstanding anything contained in sub-section (2), any such nominee, heir or legal representative, as the case may be, may require the society to pay to him the value of the share or interest of the deceased member, ascertained as prescribed. (4) A society may pay all other moneys due to the deceased member from the society to such nominee, heir or legal representative, as the case may be. (5) All transfers and payments duly made by a society in accordance with the provisions of this section, shall be valid and effectual against any demand made upon the society by any other person. (6) (a) Nothing in the foregoing provisions of this section or Section 22 shall be construed to prevent a minor or a person of unsound mind from acquiring by inheritance or otherwise, any share or interest of a deceased member of a society, but his liability in consequence of such acquisition shall be limited to his interest in the shares of the society and the unpaid dividends as also the loan, stock, bonds, if any, and the interest earned on them which is unpaid and he shall not have the right of voting. (b) A person under any such disability as is referred to in clause (a) shall, on his disability ceasing, furnish to the society a declaration of his willingness to become a member. On receipt of such declaration the society, notwithstanding anything contained in this section may, and if it is a co-operative housing society such society shall admit him as a member if he is not otherwise disqualified. A person so admitted shall become entitled to all the rights and privileges of a member and become subject to liabilities like any other member of the society. ### 32. Share or interest not liable to attachment. - The share or interest of a member in the capital of a society, or in the loan-stock issued by a housing society, or in the funds raised by a society from its members by way of savings deposits shall not be liable to attachment or sale under any decree or order of a Court for or in respect of any debt or liability incurred by the member; and accordingly, neither a Receiver under the Provincial Insolvency Act, 1920 (V of 1920), nor any such person or authority under any corresponding law for the time being in force, shall be entitled to or have any claim on, such share or interest. ### 33. Rights of members to see books, etc. (1) Every member of a society shall be entitled to inspect, free of cost, at the society's office during office hours, or any time fixed for the purpose by the society, a copy of the Act, the rules, and the bye-laws, the last audited annual balance sheet, the profit and loss account, a list of the members of the committee, a register of members, the minutes of general meetings, and those portions of the books and records in which his transactions with the society have been recorded. (2) A society shall furnish to a member, on request in writing and on payment of such fees as may be prescribed therefor, a copy of any of the documents mentioned in subsection (1). ### 34. Liability of person who has ceased to be member. (1) Where a person has ceased to be a member of a society under Section 26. (a) his liability in respect of any debt due by him to the society and in respect of any outstanding demand owing to the society by him shall continue as if he had not ceased to be a member. (b) his liability for the debts of the society as they stood immediately before the date of such cessation shall, save as otherwise provided in sub-section (2), continue for a period of three years from such date as if he had not ceased to be a member: Provided that the liability shall attach to the estate of such person, if such cessation was due to his death or such person dies after his ceasing to be a member. (2) Where a society is ordered to be wound up under any provisions of this Act, then the liability under clause (b) of sub-section (1) of a person who has ceased to be a member thereof within three years immediately preceding the date of order of winding up, shall continue, until the entire liquidation proceedings are completed. ### 35. Insolvency of members. - Notwithstanding anything contained in the Provincial Insolvency Act, 1920 (V of 1920), or any corresponding law for the time being in force, the dues of a society from a member, in insolvency proceedings against him, shall rank in order of priority next to his dues to Government or to a local-authority. ### 36. Expulsion of members. (1) A society may, by resolution passed by three-fourths majority of all the members present and voting at a general meeting of members held for the purpose, expel a member for acts which are detrimental to the proper working of the society: Provided that, no resolution shall be valid, unless the member concerned is given an opportunity of representing his case to the general body, and no resolution shall be effective unless it is submitted to the Registrar for his approval and approved by him: Provided further that, the approval or disapproval of the Registrar shall be communicated to the society within a period of three months from the date of such submission, and in the absence of such communication the resolution shall be effective. (2) No member of a society who has been expelled under sub-section (1) shall be eligible for re-admission as a member of that society, or for admission as a member of any other society, for a period of two years from the date of such expulsion: Provided that, the Registrar may, in special circumstances, sanction the re-admission or admission, within, the said period, of any such member as a member of the said society or of any other society, as the case may be. Chapter IV Incorporation, Duties and Privileges of Societies ----------------------------------------------------------------- ### 37. Societies to be bodies corporate. - A society on its registration shall be a body corporate by the name under which it is registered, with perpetual succession and a common seal, and with power to acquire, hold and dispose of property, to enter into contracts, to institute and defend suits and other legal proceeding, and to do all such things as are necessary for the purpose for which it is constituted. ### 38. Address of societies. - Every society shall have an address, registered in accordance with the rules, to which all notices and communications may be sent; and the society shall send notice in writing to the Registrar of any change in the said address, within thirty days thereof. ### 39. Register of members. (1) Every society shall keep a register of its members, and enter therein the following particulars, that is to say,- (a) the name, address and occupation of each member; (b) in the case of a society having share capital, the share held by each member; (c) the date on which each person was admitted as a member; (d) the date on which any person ceased to be a member; and (e) such other particulars as may be prescribed: Provided that, where a society, has by or under this Act, permitted a member to transfer his share or interest on death to any person, the register shall also show against the member concerned the name of the person entitled to the share or interest of the member, and the date on which the nomination was recorded. (2) The register shall be prima facie evidence of the date on which any person was admitted to membership, and of the date on which he ceased to be a member. ### 40. Copy of Act, etc. to be open to inspection. - Every society shall keep, at the registered address of the society a copy of this Act and the rules, and of its bye-laws, and a list of members open to inspection to the public, free of charge, during office hours or any hours fixed by the society therefor. ### 41. Admissibility of copy of entry as evidence. (1) A copy of any entry in any book, register or list, regularly kept in the course of business and in the possession of a society shall, if duly certified in such manner as may be prescribed, be admissible in evidence of the existence of the entry, and shall be admitted as evidence of the matters and transactions therein recorded in every case where, and to the same extent to which, the original entry would, if produced, have been admissible to prove such matter. (2) In the case of such societies, as the State Government may by general or special order direct, no officer of a society shall in any legal proceedings to which the society is not a party, be compelled to produce any of the society's books, the contents of which can be proved under sub-section (1) or to appear as a witness to prove the matters, transactions and accounts therein recorded, except by order of the Court or a Judge made for special cause. ### 41A. [ Returns, etc. [Inserted by Gujarat Act No. 17 of 2013, dated 15.4.2013.] - Every society shall file returns within six months of the closure of every financial year to such authority as may be designated by the State Government for the purpose, including the following, namely :- (a) annual report of its activities; (b) its audited statement of accounts; (c) plan for surplus disposal as approved by the general body of a society; (d) list of amendments to the bye-laws of the society, if any; (e) declaration regarding date of holding of its general body meeting and conduct of elections when due; and (f) any other information required by the Registrar in pursuance of any of the provisions of the Act.] ### 42. Exemption from compulsory registration of instrument relating to shares and debentures of society. - Nothing in clauses (b) and (c) of sub-section (1) of Section 17 of the Indian Registration Act, 1908 (XVI of 1908), shall, apply- (a) to any instrument relating to shares in a society [not being a housing society] [Inserted by Gujarat 23 of 1982.] notwithstanding that the assets of the society consist in whole or in part of immovable property; and (b) to any debenture issued by any society and not creating, declaring, assigning, limiting or extinguishing any rights, title or interest to or in immovable property, except in so far as it entitles the holder to the security afforded by a registered instrument whereby the society has mortgaged, conveyed or otherwise transferred the whole or part of its immovable property, or any interest therein to trustees upon trust for the benefit of the holders of such debentures; or (c) to any endorsement upon, or transfer of, any debenture issued by any society. ### 43. Power to exempt from taxation. - The State Government, by notification in the Official Gazette may, in the case of any society or class of societies, remit- (a) the stamp duty with which, under any law relating to stamp duty for the time being in force, instructions executed by or on behalf of a society or by an officer or member thereof, and relating to the business of the society, or any class of such instruments, or award of the Registrar or his nominee or board of nominees under this Act, are respectively chargeable; (b) any fee payable by or on behalf of a society under the law relating to the registration of documents and to court-fees, for the time being in force; and (c) any other tax or fee or duty (or any portion thereof) payable by or on behalf of a society under any law for the time being in force, which the State Government is competent to levy. ### 44. Restriction on borrowings. - A society shall receive deposits and loans from members and other persons, only to such extent, and under such conditions, as may be prescribed, or specified by the bye-laws of the society. ### 44A. [ Power of Committee of co-operative credit structure. [Inserted by Gujarat 1 of 2008, Section 7 (w.e.f. 8.10.2007).] - Notwithstanding anything contained in this Act or the rules or the bye-laws made thereunder, the committee of every society in a co-operative credit structure shall have freedom to decide its financial and internal administrative matters, especially : (i) interest rates on deposits and loans, subject to the directives issued by the Reserve Bank of India; (ii) borrowing, investment, depositing its surplus funds, loaning policies (including individual loans) and other business policies; (iii) personnel policies including issues relating to recruitment, promotion, staffing, training, posting and compensation to staff as per business requirement of the society; (iv) internal checks and control systems, appointment of auditors, their compensation and other internal administrative issues; and (v) borrowing from any financial institution regulated by the Reserve Bank of India, keeping in mind the interest of the society and its members.] ### 45. Restrictions on making loans. (1) No society shall make a loan to any person other than a member, or on the security of its own shares, or on the security of any person who is not a member : Provided that, with the special sanction of the Registrar, a society may make loans to another society. (2) Notwithstanding anything contained in sub-section (1), a society may make a loan to a depositor on the security of his deposit. (3) [ Notwithstanding anything contained in this Act, no person or group of persons other than a member or members shall be eligible to borrow from or make deposit in a Primary Agricultural Credit Co-operative Society.] [Added by Gujarat 1 of 2008, Sec. 8 (w.e.f. 8.10.2007).] ### 46. Restrictions on other transactions with non-members. - Save as is provided in this Act, the transactions of a society with persons other than members, shall be subject to such restrictions, if any, as may be prescribed. ### 47. Charge and set-off in respect of share or interest of member. - In respect of any debt due to a society by any member thereof, the society shall have a charge upon the share or interest in the capital of the society, upon the deposits of such member with the society and upon any dividend, rebate or profits payable to such member, and the society may set-off any sum credited or payable to such member in or towards the payment of any such debt : Provided that, no co-operative bank shall have a charge upon any sum invested with it by a society out of the provident fund established by it under Section 72, and no cooperative bank shall be entitled to set-off any such sum towards any debts due from the society. ### 48. Prior claim of society. (1) Notwithstanding anything contained in any other law for the time being in force, but subject to any prior claim of Government in respect of land revenue or any money recoverable as land revenue and to the provisions of Sections 60 and 61 of the Code of Civil Procedure, 1908 (V of 1908),- (a) any debt or outstanding demand, owing to a society by any member or a person who has ceased to be a member shall be a first charge upon- (i) the crops or other agricultural produce raised in whole or in part whether with or without a loan taken from the society by him. (ii) cattle, fodder for cattle, agricultural or industrial implements or machinery, or raw materials for manufacture, or workshop, godown or place of business, supplied to, or purchased by him in whole or in part, from any loan whether in money or goods made to him by the society, and (iii) any movable property which may have been hypothecated, pledged or otherwise mortgaged by him with the society, and remaining in his custody : (b) any outstanding demands or dues payable to a society by any member or a person who has ceased to be a member, in respect of rent, shares, loans or purchase money or any other rights or amounts payable to such society, shall be first charge upon his interest in the immovable property of the society : Provided that the prior claim of Government in respect of dues other than land revenue, shall be restricted for the purpose of this sub-section to the assets created by a member out of the funds in respect of which the Government has a claim. (2) No property or interest in property, which is subject to a charge under sub-section (1) shall be transferred in any' manner without the previous permission of the society'; and such transfer shall be subject to such conditions, if any, as the society may impose. (3) Any transfer made in contravention of sub-section (2) shall be void. (4) Notwithstanding anything contained in sub-sections (2) and (3), a society, which has as one of its objects the disposal of the produce of its members, may provide in its bye-laws, or may otherwise contract with its members,- (a) that every such member shall dispose of his produce through the society, and (b) that, any member, who is found guilty of a breach of the bye-law or of any such contract, shall reimburse the society for any resultant loss, determined in such manner as may be specified in the bye-laws. ### 49. Charge on immovable property of members borrowing from certain societies. (1) Notwithstanding anything contained in this Act or in any other law for the time being in force,- (a) any person who makes an application to a society of which he is a member, for a loan shall, if he owns any land or has interest in any land as a tenant, make a declaration in the prescribed form. Such declaration shall state that the applicant thereby creates a charge on such land or interest specified in the declaration for the payment of the amount of the loan which the society may make to the member in pursuance of the application, and for all future advances, if any, required by him which the society may make to him as such member, subject to such maximum as may be determined by the society, together with interest on such amount of the loan and advances; (b) any person who has taken a loan from a society of which he is a member, before the date of the coming into force of this Act, and who owns any land or has interest in land as a tenant, and who has not already made such a declaration before the aforesaid date shall, as soon as possible thereafter, make a declaration in the form and to the effect referred to in clause (a); and no such person shall, unless and until he has made such declaration, be entitled to exercise any right as a member of the society; (c) a declaration made under clause (a) or (b) may be varied at any time by a member, with the consent of the society in favour of which such charge is created; (d) no member shall alienate the whole or any part of the land or interest therein, specified in the declaration made under clause (a) or (b) until the whole amount borrowed by the member together with interest thereon, is repaid in full : Provided that, it shall be lawful for a member to execute a mortgage bond in favour of a mortgage bank or the State Government in respect of such land or any part thereof, under the rules made under the Bombay Irrigation Act, 1879 (Bombay VII of 1879) or under any corresponding law for the time being in force, for the supply of water from a canal to such land : Provided further that, if a part of the amount borrowed by a member is paid, the society may, on an application from the member, release from the charge created under the declaration made under clause (a) or (b) such part of the movable or immovable property specified in the declaration as it may deem proper, with due regard to the adequacy, of the security for the balance of the amount remaining due from or outstanding against the member; (e) any alienation made in contravention of the provisions of clause (d) shall be void; (f) subject to the prior claims of the Government in respect of land revenue or any money recoverable as land revenue, and to the charge, if any created under an award made under the Bombay Agricultural Debtors Relief Act, 1947 (Bombay XXV of 1947) or any corresponding law for the time being in force in any part of the State, and to any mortgages created in favour of a [land development bank] [Substituted for the words 'land mortgage bank' by Gujarat 24 of 1964] by its members there shall be a first charge in favour of the society on the land or interest specified in the declaration made under clause (a) or (b), for and to the extent of the dues owing by him on account of the loan; and (g) notwithstanding anything contained in Chapter X-A of the Land Revenue Code, the Record of Rights maintained thereunder shall also include the particulars of every charge on land or interest created under a declaration under clause (a) or (b). (2) For the purposes of this section, the expression "society" means- (i) any society, the majority of the members of which are agriculturists and the primary object of which is to obtain credit for its members, or (ii) any society, or any society of the class of societies, specified in this behalf by the State Government by a general or special order. ### 50. Deduction from salary to meet society's claim in certain cases. (1) A member of a society may execute an agreement in favour of the society, providing that his employer shall be competent to deduct from the salary or wages payable to him by the employer, such amount as may be specified in the agreement, and to pay to the society the amount so deducted in satisfaction of any debt or other demand of the society against the member. (2) On the execution of such agreement, the employer shall, if by a requisition in writing so required by the society and so long as the society does not intimate that the whole of such debt or demand has been paid, make the deduction in accordance with the agreement notwithstanding anything to the contrary contained in the Payment of Wages Act, 1936 (IV of 1936) and pay the amount so deducted to the society, [within a period of fourteen days from the date on which such deduction is made] [Inserted by Gujarat Act No. 17 of 2013, dated 15.4.2013.] as if it were a part of the wages payable by him as required under the said Act on the day on which he makes payment. In making such deduction and payment, it shall not be open to the employer to question the validity or otherwise of such debt or demand. (3) If after receipt of a requisition made under sub- section (2) the employer at any time falls to deduct the amount specified in the requisition from the salary or wages payable to the member concerned, or makes default in remitting the amount deducted to the society, the employer shall be personally liable for the payment thereof; and the amount shall be recoverable on behalf of the society from him as an arrear of land revenue on a certificate being issued by the Registrar after holding such inquiry as he deems fit, and the amount so due shall rank in priority in respect of such liability of the employer as wages in arrears. A certificate so issued by the Registrar shall not be questioned in any Court. (4) Nothing contained in this section shall apply to persons employed in any railway (within the meaning of the Constitution), and in mines and oil fields. Chapter V State Aid to Societies ------------------------------------- ### 51. Direct partnership of State Government in societies. - [(1) ] [Rows Encyclopedia Co-operative Societies Law (Ed. 1996) 876-77] The State Government may subscribe directly to the share capital of a society with limited liability. [Provided that in the case of societies in the co-operative credit structure, the State Government shall not subscribe for more than twenty-five per cent of the total share capital and the State Government or the society shall have the option to reduce the share capital contributed by the State Government.] [Added by Gujarat 1 of 2008, Section 9 (w.e.f. 8.10.2007).] (2) [] [Renumbered by Gujarat 23 of 1982] The share capital subscribed by the State Government under sub-section (1) shall not be returned to the State Government by a society except with the previous sanction of the Government.] ### 52. Indirect partnership of State Government in societies. - The State Government may, under appropriation made by law, provide moneys to a society for the purchase directly or indirectly, of shares in other societies with limited liability. A society to which moneys are so provided for the aforesaid purpose is hereinafter in this Act referred to as an "Apex society". ### 53. Principal State Partnership Fund. (1) An Apex society shall, with the moneys provided under Section 52 establish a Fund to be called the "Principal State Partnership Fund". (2) An Apex society shall utilise the Principal State Partnership Fund for the purpose of- (a) directly purchasing shares in other societies with limited liability; (b) providing moneys to a society to enable that society (hereinafter in this Chapter referred to as a "Central society") to purchase shares in other societies with limited liability (the latter societies being hereinafter in this Chapter referred to as "Primary societies"); (c) making payments to the State Government in accordance with the provisions of this Chapter; and for no other purpose. ### 54. Subsidiary State Partnership Fund. (1) A Central society which is provided with moneys by an Apex society from the Principal State Partnership Fund shall, with such moneys establish a Fund to be called the "Subsidiary State Partnership Fund". (2) A Central society shall utilise the Subsidiary State Partnership Fund for the purpose of- (a) purchasing shares in primary societies; (b) making payments to the Apex society in accordance with the provisions of this Chapter; and for no other purpose. ### 55. Approval of State Government for purchase of shares. - Shares shall not be purchased in a society from the moneys in the Principal State Partnership Fund or the Subsidiary State Partnership Fund, except with the previous approval of the State Government. ### 56. Liability to be limited in respect of certain shares. - Where any shares are purchased in a society by- (a) the State Government, or (b) an Apex society from the Principal State Partnership Fund, or a Central society from the Subsidiary State Partnership Fund, as the case may be, then in the event of the winding up of such society the liability in respect of such shares shall be limited to the amount paid in respect of such shares. ### 57. Restriction on amount of dividend. - An Apex society which has purchased shares in other societies from the moneys in the Principal State Partnership Fund, and a Central society which has purchased shares in Primary societies from the moneys in the Subsidiary State Partnership Fund, shall be entitled only to such dividend on the said shares as is declared by the society concerned and is payable to other shareholders of that society. ### 58. Indemnity of Apex and Central Societies. (1) If a society in which shares are purchased out of the Principal State Partnership Fund is wound up or dissolved, the State Government shall not have any claim against the Apex society which purchased the shares in respect of any loss arising from such purchase; but the State Government shall be entitled to any moneys received by the Apex society in liquidation proceedings or on dissolution, as the case may be. (2) If a society in which shares are purchased out of the Subsidiary State Partnership Fund is wound up or dissolved, neither the State Government nor the Apex society shall have any claim against the Central society which purchased the shares, in respect of any loss arising from such purchase; but the Apex society shall be entitled to any moneys received by the Central society in liquidation proceedings or on dissolution, as the case may be, and such moneys shall be credited to the Principal State Partnership Fund. ### 59. Disposal of share capital and dividend etc. (1) All moneys received by an Apex society in respect of the redemption of shares of other societies purchased out of the moneys in the Principal State Partnership Fund, or by way of dividends or otherwise or by way of interest, dividend or otherwise on the balance of that fund shall be credited to that Fund. (2) All moneys received by a Central society in respect of the redemption of shares of Primary societies purchased out of the moneys in the Subsidiary State Partnership Fund, or by way of dividends or otherwise or by way of interest, dividend or otherwise on the balance of that Fund, shall in the first instance be credited to that Fund, and then transferred to the Apex society which shall credit them to the Principal State Partnership Fund. (3) All moneys and dividends referred to in sub- sections (1) and (2) shall, notwithstanding that the shares stand in name of the Apex society or the Central society, as the case may be, be paid to the State Government. (4) Save as provided in sub-section (3), the State Government shall not be entitled to any other return on the moneys provided by it to an Apex society under Section 52. ### 60. Disposal of Principal or Subsidiary State Partnership Fund on Winding up of Apex or Central Society. (1) If an Apex society which has established a Principal State Partnership Fund is wound up or dissolved, all moneys at the credit of, or payable to that Fund, shall be paid to the State Government. (2) If a Central society which has established a Subsidiary State Partnership Fund is wound up or dissolved, all moneys at the credit of, or payable to that fund, shall be paid and credited to the Principal State Partnership Fund from which it received moneys under clause (b) of sub-clause (2) of Section 53. ### 61. Principal or Subsidiary State Partnership Fund not to form part of assets. - Any amount at the credit of a Principal State Partnership Fund or a Subsidiary State Partnership Fund shall not form part of the assets of the Apex society or the Central society, as the case may be. ### 62. Agreement by State Government and Apex Societies. - Subject to the foregoing provisions of this Chapter- (a) the State Government may enter into an agreement with an Apex society setting out the terms and conditions on which it shall provide moneys to the Apex society for the purpose specified in Section 52; (b) an Apex society may, with the previous approval of the State Government, enter into an agreement with a Central society, setting out the terms and conditions on which it shall provide moneys to that society from the Principal State Partnership Fund for the purpose specified in clause (b) of sub-section (2) of Section 53. ### 63. Other forms of State aid to societies. - Notwithstanding anything contained in any law for the time being in force, but subject to such conditions as the State Government by general or special order may specify in this behalf, the State Government may,- (a) give loans to a society; (b) guarantee the payment of the principal of debentures issued by a society, or of interest thereon, or both, or the repayment of the share capital of a society to its members, or the payment of dividends thereon at such rates as may be specified by the State Government; (c) guarantee the repayment of the principal of and the payment of interest on, manes given by a Co-operative Bank to a society; (d) guarantee the repayment of the principal of, and payment of interest on, loans and advances given by the Reserve Bank of India, or the Industrial Finance Corporation of India, or any other authority constituted under any law for the time being in force, or (e) provide financial assistance, in any other form (including subsidies), to a society. ### 64. Provision of this Chapter to override other laws. - The provisions of Sections 52 to 62 (both inclusive) in this Chapter shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force. Chapter VI Property and Funds of Societies ----------------------------------------------- ### 65. Fund not to be divided. (1) No part of the funds or assets of a society, other than the dividend equalisation fund, if any, and the net profits thereof, shall be paid by way of rebate or dividend or otherwise distributed, to its members : Provided that in the case of a member, who is also a salaried servant of the society payment on such scale as may be laid down by the bye-laws may be made to him for work done as such servant. (2) No honorarium shall be paid out of the funds and assets of a society other than the net profits and such honorarium shall not exceed the prescribed limit. ### 66. Appropriation of profits. (1) A society earning profit, shall calculate its annual net profits by deducting from the gross profits for the year, all accrued interest which is overdue for more than six months, establishment charges, contributions, if any, towards the provident fund and gratuity fund of its employees, interest payable on loan and deposits, audit fees, working expenses including repairs, rents, taxes and depreciation, and after providing for or writing off bad debts and losses not adjusted against any fund created out of profits. A society may, however, add to the net profits for the year, interest accrued in the preceding years, but actually received during the year. The net profits thus arrived at, together with the amount of profits brought forward from the previous year shall be available for appropriation. (2) A society may appropriate its profits to its reserve fund or any other fund created by it to payment of dividends to members on their shares, to contribution to the educational fund of such federal co-operative society as the State Government may by notification in the Official Gazette specify as "the Gujarat State Co-operative Union" to the payment of rebate on the basis of support received from members and persons who are not members to its business and subject to the prescribed conditions to payment of honoraria, and to any other purpose which may be specified in the rules or bye-laws : Provided that, no part of the profits shall be appropriated except with the approval of the annual general meeting and in conformity with the Act, rules and bye-laws. ### 67. Reserve fund. (1) Every society which does, or can, derive a profit from its transactions, shall maintain a reserve fund. (2) Atleast one-fourth of the net profits of the society each year, shall be carried to the reserve fund; and such reserve fund may be used in the business of the society or may, subject to the provisions of Section 71, be invested, as the State Government may by general or special order direct, or may, with the previous sanction of the State Government, be used in part for some public purpose likely to promote the objects of this Act, or for some such purpose of the State, or of local interest : Provided that if the Registrar is satisfied that financial condition of the society is such that it is unable to carry to its reserve fund an amount upto the aforesaid limit of one-fourth of its net profits, he may by order in writing for such period as he may specify in the order, fix for the society a limit lower than the aforesaid limit but not lower than one-tenth of its net profits. (3) Where the reserve fund of a society exceeds its authorised share capital, then, notwithstanding anything contained in sub-section (1), the society may, with the previous permission of the Registrar carry to its reserve fund each year an amount which may be less than one-fourth but not less than one-tenth of its net profits. ### 67A. [ Bad Debt Reserve Fund. [Inserted by Gujarat 1 of 2008, Sec. 10 (w.e.f. 8.10.2007).] (1) Every society which earns profit from its transactions, shall maintain a Bad Debt Reserve Fund. (2) Every year, the society shall carry at least fifteen per cent of the net profit to the Bad Debt Reserve Fund. (3) All debts which are found to be irrecoverable and certified as such by a certified auditor and expenses incurred in recovering the same shall first be written off against the Bad Debt Reserve Fund. (4) Notwithstanding anything contained in Section 67- (a) the balance of bad debts, if any, remaining after first writing them off under sub-section (3); and (b) all losses incurred by a society including those suffered on account of settlement of disputes under Section 98 which are certified as such by a certified auditor, may be written off against the reserve fund maintained under Section 67 to the extent of not more than thirty per cent of the balance in that fund : Provided that no bad debt or loss shall be written off against the bad debt fund or, as the case may be, the reserve fund, unless the society in the general meeting passes a resolution approving the same by a majority of total membership of the society and by a majority of not less than two-third of the members of the society present and voting. (5) Notwithstanding anything contained in the Act, no society in co-operative credit structure shall be directed by the State Government or otherwise required to contribute to any fund other than those for improving the net worth and owned fund of the society.] ### 68. [ Restriction on dividend. [Substituted by Gujarat 1 of 2008, Sec. 11 (w.e.f. 8.10.2007).] - No society shall pay dividend to its members at a rate exceeding the rate as may be prescribed by the State Government, by notification in the Official Gazette, from time to time for all societies generally or a class of societies in particular : Provided however that the dividend payable in case of co-operative credit structure shall be subject to the guidelines of the Reserve Bank of India or, as the case may be the National Bank.] ### 69. [ Contribution to education fund of the Gujarat State Co-operative Union. [Substituted by Gujarat 17 of 1994] (1) Every society which declares, out of the current year's profit a dividend to its members at a rate of 3 per cent or more, shall contribute towards the education fund of the Gujarat State Co-operative Union at such rate as may be prescribed. (2) No society, liable to contribute towards the education fund, shall pay a dividend to its members, unless the said contribution is made to the Gujarat State Co-operative Union within two months from the date on which its accounts are adopted by the general body of members at it annual general meeting. (3) An officer wilfully failing to comply with the requirements of this section, shall be personally liable for making good the amount to the Gujarat State Co-operative Union. (4) [ The provisions of sub-sections (1) to (3) shall not apply to the societies in the cooperative credit structure.] Explanation. - In this section the expression "Gujarat State Co- operative Union" means federal society established for the State of Gujarat with the object of giving training facilities for familiarising, promoting or encouraging in co-operative movement.] ### 70. Contribution to public purpose. - After providing for the reserve fund as provided in Section 67 and [for the bad debt reserve fund as provided in Section 67-A and] [Inserted by Gujarat 1 of 2008, Section 13(i) (w.e.f. 8.10.2007).] for the educational fund as provided in Section 69, a society may set aside a sum not exceeding twenty per cent of it net profits, and utilise from time to time, with the approval- (a) of the Gujarat State Co-operative Union, if the society operates in more than one district, and (b) of the District Co-operative Board, in any other case, the whole or part of such sum in contributing to any prescribed co-operative purpose, or to any charitable purpose within the meaning of Section 2 of the Charitable Endowments Act, 1890 (VI of 1890), or to any other public purpose. [Provided that the provisions of this section shall not apply to the societies in the cooperative credit structure.] [Added by Gujarat 1 of 2008, Section 13(ii) (w.e.f. 8.10.2007).] ### 71. Investments of funds. (1) A society may invest, or deposit its fund,- (a) in a Central Bank, or the State Co-operative Bank, (b) in the State Bank of India, (c) in the Postal Savings Bank, (d) in any of the securities specified in Section 20 of the Indian Trusts Act, 1882 (II of 1882). (e) in shares, or security bonds, or debentures, issued by any other society with limited liability, or (f) [ in a Scheduled co-operative bank as defined in clause (2) of Section 2 of the Reserve Bank of India Act, 1934 and having its registered office within the State or in any nationalised bank; [Substituted by Gujarat 1 of 2008, Sec. 14 (w.e.f. 8.10.2007).] (ff) in any land or building,--- (i) where the money in a building fund established by a society is sufficient for the purpose; or (ii) where the money in such a fund is insufficient for the purpose or where a society has not established such fund, with the previous sanction of the Registrar : Provided that the Registrar shall endeavour to decide the question as to previous sanction be given or not, within ninety days of the receipt of an application for such sanction, (g) in any corporation owned or controlled by the Government of Gujarat and other Scheduled Banks not covered under clause (1), with the prior approval of the State Government subject to such terms and conditions as may be prescribed in this behalf : Provided that in the case of the State Co-operative Bank, the Central Co-operative Banks and the Primary Agricultural Credit Co-operative Societies, the Reserve Bank of India may issue further guidelines restricting or enlarging the scope of investment in any institutions approved for the purpose under this section.] (2) Notwithstanding anything contained in sub-section (1), the Registrar may, with the approval of the State Co- operative Council, order a society or a class of societies to invest any funds in a particular manner, or may impose conditions regarding the mode of investment of such funds. ### 72. Employees provident fund. (1) Any society may' establish for its employees a provident fund, into which shall be paid the contributions made by its employees and by the society. Such provident fund shall not be used in the business of the society, nor shall it form part of the assets of the society; but shall be invested under the provisions of Section 71 and shall be administered in the prescribed manner. (2) Notwithstanding anything contained in sub-section (1) a provident fund established by a society to which the Employee's Provident Fund Act, 1952 (XIX of 1952), is applicable, shall be governed by that Act. Chapter VII Management Of Societies ---------------------------------------- ### 73. Final authority of society. - Subject to the provisions in this Act and the rales, the final authority of every society shall vest in the general body of members in general meeting, summoned in such a manner as may be specified in the bye-laws : Provided that, where the bye-laws of a society provide for the election of delegates of such members, the final authority may vest in the delegates of such members elected in the prescribed manner, and assembled in general meeting. ### 73A. [ Freedom for affiliation or disaffiliation with a federal society of choice. [Inserted by Gujarat 1 of 2008, Section 15 (w.e.f. 8.10.2007).] - Notwithstanding anything contained in this Act or the rules for the time being in force, the societies in the co-operative credit structure shall be at liberty to affiliate or disaffiliate with any federal society of its choice provided a resolution approving such affiliation or disaffiliation with a federal society is passed in the annual general meeting held for the purpose with three - fourth majority of total members, and subject to the rules as may be prescribed and the guidelines issued by the Reserve Bank of India.] ### 74. Committee, its powers and functions. - [(1) ] [Section 74 shall be renumbered as sub-section (1) by Gujarat 1 of 2008, Section. 16 (w.e.f. 8.10.2007).] The management of every society shall vest in a committee, constituted in accordance with this Act, the rules and bye-laws, which shall exercise such powers and perform such duties as may be conferred or imposed on it respectively by this Act, the rules and the bye-laws : [Provided that a Committee of a society falling in any of the categories mentioned in sub-section (1) of Section 74-C shall not be so constituted as to require a certain part or number, of its members to periodically retire by rotation and any bye-law of such society containing such provision shall with effect on and from the commencement of Section 2 of the Gujarat Co-operative Societies (Amendment) Act, 1981 (6 of 1981) cease to be in force.] [Added by Gujarat 6 of 1981] (1A) Except as otherwise provided herein, the Managing Committee of a society shall consist of such number of members as may be provided in the bye-laws but not exceeding twenty-one members. [(1B) (i) There shall be reserved one seat for the Scheduled Castes or the Scheduled Tribes and two seats for Women in the managing committee of every society consisting of individuals as members and having members from such class or category of persons. (ii) One seat may be reserved for the persons who are small farmers and marginal farmers. Explanation. - The expressions "marginal farmer" and "small farmer" shall have the meanings respectively assigned to them in clauses (g) and (p) of section 2 of the Gujarat Rural Debtors Relief Act, 1976 (President's Act No. 35 of 1976); (1C) The term of office of the elected members of the managing committee and its office bearers shall be five years from the date of election. The term of office bearers shall be co-terminus with the term of managing committee : Provided that the managing committee may fill up a casual vacancy in the committee by nomination out of the same class or categories members in respect of which the casual vacancy has arisen, if the term of office of the managing committee is less than half of its original term. (1D) (a) The society shall co-opt persons having experience in the field of banking, management, finance or specialisation in any other field relating to the objects and activities undertaken by the society as the members of the managing committee: Provided that the number of such co-opted members shall not exceed two in addition to the twenty- one members as specified in sub-section (1A). (b) The co-opted members as aforesaid shall not have the right to vote in any election of the society in their capacity as such members or to be eligible to be elected as office bearers of the Managing Committee. (1E) In case, where there are functional directors of a society, they shall also be members of the Managing Committee. Such members shall be excluded for the purpose of counting the total number of members of the Managing Committee. Explanation. - For the purpose of this sub-section, "functional director" means and includes a Managing Director or a Chief Executive Officer by whatever designation called or any ex-officio member or any of the Head of the Department of the concerned society, nominated by the Committee.] [Inserted by Gujarat Act No. 17 of 2013, dated 15.4.2013.] (2) [ There shall be two professionals on the committee of the Central Co-operative Bank and the State Co- operative Bank having qualification prescribed by the Reserve Bank of India or, as the case may be, the National Bank. If such members are not elected on committee of the Central Co-operative Bank and the State Co-operative Bank, the Registrar shall direct the concerned bank to co-opt such professional on the committee within the time limit specified in such direction of the Registrar. If the bank fails to comply with the aforesaid directions, the Registrar shall appoint such professional member on the committee of the concerned bank. The professional member shall have all the rights of members inclusive of voting right and the term of such member shall be coextensive with the term of other elected members.] [Inserted by Gujarat 1 of 2008, Sec. 16 (w.e.f. 8.10.2007).] ### 74A. [ Disqualification for being designated officer simultaneously of certain specified societies or for being designated officer of the same society for more than six years. [Sections 74-A, 75-B and 74-C were inserted by Gujarat 6 of 1981.] (1) In this section "a designated officer", means the Chairman and the President, and includes any other officer of the society as may be declared by the State Government by notification in the Official Gazette, to be a designated officer, but does not include any officer appointed or nominated by the State Government or by the Registrar. (2) No person shall, at the same time, be or continue to be, a designated officer of more than one society falling in Category I or Category II or [Category III or Category IV] of the categories mentioned below; and shall not be continued to be a designated officer in more than two societies in the aggregate [in the four categories] [Substituted for the words 'in the three Categories' by Gujarat 23 of 1982] :- Category I. - Societies, the area of operation of which, extends to the whole of the State. Category II. - (a) Societies, the area of operation of which does not extend to the whole of the State but extends to the City of Ahmedabad; [\*\*\*] [Omitted by Gujarat 23 of 1982] (b) Societies, the area of operation of which does not extend to the whole of the State but extends to one or more districts; [\*\*\*] [Clause (c) was deleted by Gujarat 23 of 1982] [Category III. - Societies the area of operation of which does not extend to the whole of a district but extends to more than one taluka in a district. Category IV. - Such societies (the area of which extends to a taluka or less than a taluka) as the State Government may, having regard to their share capital, financial position and the public interest involved in their operation, by notification in the Official Gazette specify.] [Category III, Category IV were Substituted for category III by Gujarat 23 of 1982] (3) If any person is at the commencement of the Gujarat Co-operative Societies (Amendment) Act, 1981 (6 of 1981), a designated officer of more than two societies in the said categories, or of more than one society in the same category, then unless he resigns his office in the society or societies in excess of the number prescribed under sub-section (2) within a period of ninety days from such commencement he shall, at the expiration of the said period, cease to be a designated officer of all such societies. (4) If any person becomes, at the same time, after the commencement of the said Act, a designated officer of societies in excess of the number prescribed under sub-section (2), unless the resigns his office in the society or societies in excess of the said number within a period of ninety days from the date on which he is elected or appointed a designated officer of more than the permissible number of society or societies, or if the elections or appointments are held or made simultaneously, from the date on which the result of last of such elections or appointments is declared, he shall, at the expiration of the said period of ninety days, cease to be a designated officer of all such societies. (5) No person shall be, or shall continue to be, a designated officer of any society of any of the categories referred to in sub-section (2) for a consecutive period of more than [six years] [Substituted for the words 'ten years' by Gujarat 23 of 1982] and at the expiration of that period any such person shall cease to be a designated officer of that society and shall not be eligible for being re-elected or reappointed as a designated officer, until a period of [three years] [Substituted for the words 'five years' by Gujarat 23 of 1982] has elapsed after the expiry of the aforesaid period of [six years] [Substituted for the words 'ten years' by Gujarat 23 of 1982] . Explanation. -For the purposes of this sub- section : [(a) in calculating the consecutive period of six years in office, any period for which the person concerned may have been such officer, before the commencement of the Gujarat Co-operative Societies (Amendment) Ordinance, 1982 (Gujarat Ordinance 1 of 1982) shall be excluded, (b) if any person resigns his office as a designated officer at any time within twelve months from the date on which the consecutive period of six years would, but for his resignation, have been completed, he would be deemed to have completed a period of six years on his resignation.] ### 74B. [ [Deleted by Gujarat Act No. 17 of 2013, dated 15.4.2013.] \*\*\*] [Substituted by Gujarat 23 of 1982] | | | --- | | 74B. Reservation of seats on committees of certain societies, for Scheduled Castes and Tribes and small and marginal farmers.-[(1) On the committee of such society or class of societies as the State Government may, by general or special order direct, two seats shall be reserved as follows, namely :- (a) one for the persons belonging to the Scheduled Castes or the Scheduled Tribes or to both the Scheduled Castes and the Scheduled Tribes as the State Government may, having regard to the population of the Scheduled Castes and the Scheduled Tribes in the area of operation of the society, specify, and (b) one for the persons who are small farmers and marginal farmers.] (2) Where any of such reserved seats is not filled by election or appointment the committee shall fill such seat by co-option of a member on the committee[from amongst other members] [Substituted for the words 'from amongst persons eligible to fill the reserved seats' by Gujarat 23 of 1982] . Explanation.- For the purposes of this section,- (1) the expressions "marginal farmer" and "small farmer" shall have the meaning respectively assigned to them in clauses (g) and (p) of Section 2 of the Gujarat Rural Debtors' Relief Act, 1976 (President's Act of 1976); [(1-A) the expression "population" in relation to the area of operation of a society means the population of that area as ascertained at the last preceding census.] [Inserted by Gujarat 23 of 1982] (2) the expression `Schedule Caste" means such castes, races or tribes or parts of, or groups within, such castes, races or tribes as are deemed to be Scheduled Castes in relation to the State of Gujarat under Article 341 of the Constitution of India; (3) the expression "Schedule Tribes" means such tribes or tribal communities or parts of, or groups within, such tribes or tribal communities as are deemed to be Scheduled Tribes in relation to the State of Gujarat under Article 342 of the Constitution of India. [Substituted by Gujarat 23 of 1982] | ### 74BB. [ Reservation of seats for woman in committee of society. [Inserted by Section 3 of the Gujarat Co-operative Societies (Amendment) Ordinance, 1997 (8 of 1997) Published in Gujarat Government Gazette Extraordinary Part IV-A, No. 23, dated 14.10.1997, para 24-1, and again inserted by Section 3 of the Gujarat Co-operative Societies (Amendment) (Second) Ordinance, 1997 (14 of 1997), published in the Gujarat Extraordinary Part IV, No. 20 dated 20.12.1997 para 31-1] (1) There shall be reserved for women,- (a) one seat in a committee consisting of not more than eleven members, and (b) two seats in committee consisting of more than eleven members. (2) (a) Where in a committee, existing on the date of commencement of the Gujarat Co-operative Societies (Amendment) Ordinance, 1997 (Gujarat Ordinance 8 of 1997),- (i) consisting of not more than eleven members, there is no woman as a member; (ii) consisting of more than eleven members, there is no woman as a member or only one woman as a member, the society shall, notwithstanding anything contained in the bye-laws of the society, elect, co-opt or appoint in accordance with its bye-laws, in addition to the existing members of the committee, one woman as a member in a committee referred to in clause (i) and two women as members or, as the case may be, one woman as a member in committee referred to in clause (ii). (b) Where a society does not elect, co-opt, or appoint a member under sub-section (2) within two month from the commencement of the Gujarat Co-operative Societies (Amendment) Ordinance, 1997, (Gujarat Ordinance 8 of 1997), the Registrar shall, notwithstanding anything contained in the bye-laws of the society, appoint additional member or members in the committee in accordance with the provisions of sub-section (2). (3) The term of office of the members so elected, co- opted or appointed under clause (a) or (b) of sub-section (2) shall expire on the expiry of the term of office of the other members of the committee.] ### 74C. Provision for conduct of elections of committees and officers of certain societies and term of office of members of committees. (1) The election of members of the committees and of the officers by the committee, of the societies of the categories mentioned below shall be subject to the provisions of Chapter XI-A and shall be conducted in the manner laid down by or under this Chapter :- (i) [ Apex societies mentioned in the Schedule and such other apex societies as the State Government may, by general or special order, published in the Official Gazette, from time to time specify in this behalf, having regard to financial position and share capital of such societies;] [Substituted by Gujarat 23 of 1982] (ii) all District Central Co-operative Banks; (iii) all Primary Land Development Banks; (iv) (a) all District Co-operative Sale and Purchase Organisation; (b) all Taluka Co-operative Sale and Purchase Organisation; (v) all Co-operative Sugar Factories; (vi) all Co-operative Spinning Mills; [(vi-a) all district co-operative milk unions; [Inserted by Gujarat 23 of 1982] (vi-b) all taluka co-operative processing societies;] (vii) any other society or class of societies, which the State Government may, by general or special order published in the Official Gazette, from time to time specify in this behalf, regard being had to the financial position and share capital of such institutions. (2) When the election of all the members of the committee of any such societies held at the same time, the members elected on the committee at such general election shall hold office for a period of [three years] [Substituted for 'five years' by Gujarat 23 of 1982] from the date on which the first meeting is held and shall continue in office until immediately before the first meeting of the members of the new committee. (3) Notwithstanding anything in the bye-laws of any such society, the committee of management shall be elected by a general body of members of the society and all other committees authorised by or under the bye-laws may be constituted by electing or appointing persons from among the persons who are members of the committee of management, and all such committees shall be sub-committees of the committee of management, and shall be subordinate to it : Provided that it shall be lawful for the State Government,- (a) to nominate its representatives on a Committee of any such society under Section 80, or (b) to nominate the first Committee of Management of any such society where the bye-laws of such society so provide. [Provided further that it shall be lawful for any body or authority to nominate its representative on a Committee of such society where the bye-laws of such society so provide.] [Added by Gujarat 14 of 1983, [7.1.1981] ]] ### 74CC. [ [Deleted by Gujarat Act No. 28 of 2017, dated 23.8.2017.] \*\*\*.] | | | --- | | 74CC. [ Election of societies other than specified societies. [Inserted by Gujarat Act No. 17 of 2013, dated 15.4.2013.] - (1) The election of the Committee and of the office bearers of the societies other than the specified societies as referred to in section 74C shall be conducted by such authority as the State Government may, by notification in the Official Gazette, notify. (2) The authority appointed under sub-section (1) shall hold the election as per the rules as may be prescribed. (3) The election of the Managing Committee shall be conducted before the expiry of its term so as to ensure that the newly elected members of the Managing Committee assumes office immediately on the expiry of the term of office of the members of the outgoing Managing Committee.] | ### 74D. [ [Deleted by Gujarat Act No. 17 of 2013, dated 15.4.2013.] \*\*\*.] | | | --- | | 74D. [ Appointment of custodian in certain circumstances. [Inserted by Gujarat 23 of 1982] - (1) Where in respect oi any society including a society existing immediately before the commencement dine Gujarat Co-operative Societies (Amendment) Ordinance, 1982 (1 of 1982) a new committee oi management is, for any reason whatsoever, not elected [before] the expiry of the term of office of members of a committee of management of such society, (not being a committee referred to in Section 80-A)[or having been elected not functioning]the Registrar may by an order in writing, appoint a person or a committee of persons to be the custodian of the society until a new committee of management is elected or, as the case may be, starts functioning. [(1-A) The Registrar shall hold election of such society within a period of two months and the Committee shall be constituted before the expiration of that period.] [Inserted by Gujarat 1 of 2008, Section 17(2) (w.e.f. 8.10.2007).] (2) The custodian so appointed shall, subject to the control of the Registrar and to such instructions as he may from time to time give, have powers to exercise all or any of the functions of the committee, and take all such actions as may be required in the interest of the society. (3) All acts done or purported to be done by the custodian during the period when the affairs of the society are carried on by such custodian, shall be binding on the new committee of management.] | ### 75. Handing over records and property to new Chairman on election. (1) On the election of a new committee and its Chairman, the retiring Chairman in whose place the new Chairman is elected shall hand over charge of the office of the committee and all papers and property, if any, of the society in possession of the committee or any officer thereof, to the new Chairman of the Committee. (2) If the retiring Chairman fails or refuses to hand over charge or to hand over the papers and property of the society as aforesaid, the Registrar, or any person empowered by him in this behalf, may by' order in writing direct him to forthwith hand over such charge and property and the Registrar may, on the retiring Chairman's failure to comply with such direction, make order for seizing the records and property and handing them over to the new Chairman, in the manner provided in Section 83. ### 75A. [ Restriction on rates of sitting fees and travelling and daily allowances of members of Committee. [Inserted by Gujarat 23 of 1982] - Notwithstanding anything contained in the bye-laws of a society- (1) no society shall prescribe nor a member of a committee thereof shall be entitled to sitting fees, and travelling and daily allowances while touring on public business, at rates exceeding such rates as may be prescribed, and (2) a member of a committee of a society shall, in relation to touring on public business be subject to such condition and limitations as may be prescribed and different rates, conditions and limitations may be prescribed in relation to members of committees of different societies or class of societies. Explanation. - For the purposes of this section "touring on public business" includes- (a) a journey for attending any meeting of the committee; (b) a journey in connection with the performance or any other functions of the committee; (c) a journey for attending any conference sponsored by- (i) the Central Government, (ii) a State Government, (iii) any co-operative institution, or (iv) such other institutions recognised by the State Government in this behalf.] ### 76. Appointment of officers and employees and their conditions of service. - The qualifications for the appointment of a manager, secretary, accountant or any other officer or employee of a society and the conditions of service of such officers and employees shall be such as may, from time to time, be prescribed : Provided that no qualifications shall be prescribed in respect of any officer not in receipt of any remuneration. [Provided further that the qualifications for appointment of the Chief Executive Officer and the Directors of the Central Co-operative Banks and the State Co-operative Bank shall be such, as may be determined by the Reserve Bank of India from time to time: Provided also that the Registrar of the Co-operative Societies or the Board of the Central Co-operative Banks or the State Co-operative Bank shall, remove, at the request of Reserve Bank, such Directors and Chief Executive Officers who do not fulfil the criteria stipulated by Reserve Bank. However, the existing elected Directors holding their post as such Directors on the date of the commencement of the Gujarat Co-operative Societies (Amendment) Act, 2008, shall continue to hold their offices till the expiry of their current remaining term.] [Added by Gujarat 1 of 2008, Section 18 (w.e.f. 8.10.2007).] ### 76A. [ Appointment or removal of Managing Director or Chief Executive Officer to be approved. [Inserted by Gujarat 23 of 1982] (1) No Managing Director or Chief Executive Officer of such society falling within such class of societies as the State Government may, by notification in the Official Gazette, specify (hereinafter in this section referred to as "the notified society"), or person exercising the powers and performing the functions and duties of the Managing Director or Chief Executive Officer of such notified society by whatever designation known, shall be appointed or removed by such notified society except with the previous approval of the Registrar. (2) Any appointment or removal of a Managing Director or Chief Executive Officer or a person exercising the powers and performing the functions and duties of such Director or officer made without the previous approval of the Registrar shall be void.] ### 76B. [ Removal of officer. [Inserted by Gujarat Act No. 23 of 1982] (1) If, in the opinion of the Registrar, any officer makes persistent default or is negligent in performance of the duties imposed on him by this Act or the rules or the bye-laws or does anything which is prejudicial to the interests of the society or where he stands disqualified by or under this Act, the Registrar may, after giving the officer an opportunity of being heard, by order remove such officer and direct the society to elect or appoint a person or a qualified member in the vacancy caused by such removal and the officer so elected or appointed shall hold office so long only as the officer in whose place he is elected or appointed would have held if the vacancy had not occurred. (2) The Registrar may, by order, direct that the officer so removed shall be disqualified to hold or to contest election for any office in the society from which he is removed and in any other society for a period not exceeding four years from the date of the order and such officer shall stand disqualified accordingly.] ### 77. Annual general meeting. - [(1) Every society shall convene the general meeting of its members within a period of six months of closure of the financial year to transact the business as provided under this Act.] [Substituted by Gujarat Act No. 17 of 2013, dated 15.4.2013.] (2) At every annual general meeting of a society, the committee shall lay before the society a balance sheet and profit and loss account for the year in the manner, prescribed by the Registrar by general or special order for any class or classes of societies. Explanation. - In the case of a society not carrying on business for profit an income and expenditure account shall be placed before the society at the annual general meeting instead of profit and loss account; and all references to profit and loss account, and to "profit" or "loss" in this Act, shall be construed in relation to such society a references respectively to the "excess of income over expenditure" and "excess of expenditure over income". (3) There shall be attached to every balance sheet laid before the society in general meeting, a report by its committee, with respect to (a) the state of the society's affairs; (b) the amounts, if any, which it proposes to carry to any reserve either in such balance sheet, or any specific balance sheet; and (c) the amounts, if any, which it recommends for payment by way of dividend, bonus, or honoraria to honorary workers. The Committee's report shall also deal with any changes in the year for which the accounts are drawn up. The committee's report shall be signed its Chairman, or any other member authorised to sign on behalf of the committees. (4) At every annual general meeting, the balance sheet, the profit and loss account, the auditor's report and the committee's report, shall be placed for adoption, and such other business will be transacted as may be laid down in the bye-laws and of which due notice has been given. (5) Where any officer of the society, whose duty it was to call a general meeting within the period specified in sub- section (1) [\*\*\*] [Deleted 'or, as the case may be, the period extended by the Registrar under that sub-section or to comply with sub-section (2) , (3) or (4) fails without reasonable excuse to call such meeting or to comply with sub-section' by Gujarat Act No. 17 of 2013, dated 15.4.2013.] (2) , (3) or (4), then- (i) if such officer is a servant of the society, the Registrar may by an order in writing impose on him a penalty of an amount not exceeding one hundred rupees, and (ii) if such officer is not a servant of the society, the Registrar may by an order in writing declare such officer to be disqualified for being an officer or a member of the Committee, of the society or for being elected or appointed to any office of the society, for such period not exceeding three years as he may specify in the order : Provided that before making an order under this sub- section, the Registrar shall give or cause to be given, a reasonable opportunity to the officer to show cause against the action proposed to be taken in regard to him. ### 78. Special general meeting. (1) A special general meeting may be called at any time by a majority of the committee, and shall be called by the committee within one month- (i) on a requisition in writing of one-fifth of the members of the society or of members the number of which is specified in the bye-laws for the purpose, whichever is lower, or (ii) on a requisition from the Registrar, or (iii) in the case of a society, which is a member of a federal society, on a requisition from the committee of such federal society. (2) Where any officer or a member of the committee, whose duty in was to call such meeting, without reasonable excuse, fails to call such meeting, the Registrar may by order declare such officer or member disqualified for being a member of the committee for such period not exceeding three years, as he may specify in such order : and if the officer is a servant of the society, he may impose on him a penalty not exceeding one hundred rupees. Before making an order under this sub-section, the Registrar shall give, or cause to be given, a reasonable opportunity to the person concerned of showing cause against the action proposed to be taken in regard to him. (3) If a special general meeting of a society is not called in accordance with the requisition referred to in sub- section (1), the Registrar or any person authorised by him in that behalf, shall have power to call such meeting, which shall be deemed to be a meeting duly called by the committee. (4) The Registrar shall have power to order that the expenditure incurred in calling a meeting under sub-section (3) shall be paid out of the funds of the society or by such person or persons who, in the opinion of the Registrar, were responsible for refusal or failure to convene the meeting. ### 79. Acts of societies, etc., not to be invalidated by certain defects. (1) No act of a society or a committee or any officer, done in good faith in pursuance of the business of the society shall be deemed to be invalid by reason only of some defect subsequently discovered in the organisation of the society, or in the constitution of the committee, or in the appointment or election of an officer, or on the ground that such officer was disqualified for his office. (2) No act done in good faith by any person appointed under this Act, the rules or bye-laws shall be invalid merely by reason of the fact that his appointment has been cancelled by or in consequence of any order subsequently passed thereunder. (3) The Registrar shall decide whether any act was done in good faith in pursuance of the business of the society; and his decision thereon shall be final. ### 80. Power to appoint Government nominee. - [(1) ] [Renumbered by Gujarat 23 of 1982] Where the State Government has subscribed to the share capital of a society, directly or through another society, or has guaranteed the repayment of the principal of and payment of interest on, debentures issued or loans raised by a society, [the State Government shall, notwithstanding anything contained in the bye-laws of such society, have the right to nominate three representative on the Committee of such society] [Substituted by Gujarat 14 of 1983] , in such manner as may be determined by the State Government from time to time. The members so nominated shall hold office during the pleasure of the State Government, or for such period as may be specified in the order by which they are appointed, and any such member on assuming office shall have all rights, duties, responsibilities and liabilities as if he were a member of the committee duly elected. [Explanation. - Any nomination of the Registrar or his nominee on the Committee of a society under the bye-laws of such society shall not be construed as. nomination of the representative on that Committee in exercise of the right of the State Government under this sub-section.] [Inserted by Gujarat 14 of 1983] (2) [ Where the State Government is of the opinion that having regard to the public interest involved in the operation as a society' it is necessary or expedient so to do, it may nominate its representative on the committee of such society as if the State Government had subscribed to the share capital of the society and the provisions of sub-section (1) shall, so far as may be, apply to such nomination.] [Added by Gujarat 23 of 1982] (3) [ Notwithstanding anything contained in this Act or the rules or in the bye-laws, there shall be only one nominee of the State Government in the committee of the State Co- operative Bank or the Central Co-operative Banks where the State Government has subscribed to the share capital of such co-operative banks and no such nomination shall be made where the State Government has not subscribed to the share capital of such cooperative banks and no such nomination shall be made on the committee of a Primary Agricultural Credit Co-operative Society irrespective of whether the State Government has subscribed to the share capital of a society or not.] [Added by Gujarat 1 of 2008, Section 19 (w.e.f. 8.10.2007).] ### 80A. [ Extension of term of nominated committee or appointment of custodian. [Inserted by Gujarat 23 of 1982] (1) Where on the expiry of the term of office of the members of any committee of management nominated by the State Government, or the Registrar, the State Government or, as the case may be, the Registrar is of the opinion that it is necessary or expedient so to do, it or he may, by an order published in the Official Gazette,- (a) extend the term of office of the members of the said committee of the management; or (b) appoint a person or a committee of persons to be the custodian of the society, for such period not exceeding two years in the aggregate or until a new committee of management is elected, whichever is earlier. (2) The custodian so appointed shall, subject to the control of the Registrar and to such instructions as he may, from time to time, give, have powers to exercise all or any of the functions of the Committee, and take all such actions as may be required in the interests of the society. (3) All acts done or purported to be done by the custodian during the period when the affairs of the society are carried on by the custodian appointed under sub-section (1) shall be binding on the new committee of management.] (4) [ The provisions contained in sub-sections (1) to (3) shall not apply to the societies in the co-operative credit structure.] [Added by Gujarat 1 of 2008, Sec. 20 (w.e.f. 8.10.2007).] ### 81. [ Supersession or suspension of Managing Committee. [Substituted by Gujarat Act No. 17 of 2013, dated 15.4.2013.] (1) If in respect of a Managing Committee of a society having the Registrar as its members, the State Government, and in respect of a Managing Committee of a Society which does not have the Registrar as its member, the Registrar, is of the opinion that — (i) the Committee persistently makes default; or (ii) the Committee is negligent in the performance of its duties imposed on it by or under this the Act or the rules made thereunder or the bye-laws; or (iii) the Committee has committed any act prejudicial to the interest of the society or its members; or (iv) there is stalemate in the constitution or functions of the committee; or (v) the authority which is assigned the functions of conducting elections in respect of Managing Committee has failed to conduct elections in accordance with the provisions of this Act, the State Government or, as the case may be, the Registrar, after giving the committee an opportunity of being heard, within fifteen days from the date of issue of notice, by an order in writing, supersede or kept under suspension the committee and appoint — (a) a Committee, consisting of one or more members of the society, not being the members of the Committee superseded under this sub-section, or (b) one or more Administrators who need not be members of the society, or from amongst the officers of the Co- operative Department of the State Government, to manage the affairs of the society for a period not exceeding six months : Provided that the committee of any such society shall not be superseded or kept under suspension where there is no Government shareholding or loan or financial assistance or any guarantee, by the Government : Provided further that in case of a society carrying on the business of banking, the provisions of the Banking Regulation 10 of 1949. Act, 1949 shall also apply : Provided also that in case of a society, other than a Multi-State Co-operative Society, carrying on the business of banking, the provisions of this section shall have the effect as if for the words "six months", the words "one year" had been substituted. (2) In the case of supersession of a Managing Committee, where an Administrator is appointed to manage the affairs of the society, he shall arrange for conduct of elections within the period specified in sub-section (1) or sub-section (3) and handover the management to the incoming Managing Committee. (3) No Committee of a society shall be kept under suspension for a period exceeding six months for the reasons stated in sub-section (1). (4) In case where the committee is superseded or kept under suspension and the committee or Administrator so appoi4ted, shall, subject to the control of the State Government or, as the case may be, the Registrar and to such instructions as he may from time to time give, have powers to exercise all or any of the functions of the committee or of any office of the society and take all such actions as may be required in the interest of the society. (5) The conditions of service of the Administrator shall be such as may be prescribed by the State Government.] ### 81A. [ Supersession of Committee of Primary Agricultural Credit Co-operative Society. [Inserted by Gujarat 1 of 2008, section 22 (w.e.f. 8.10.2007.).] (1) Notwithstanding anything contained in Section 81, the supersession of the committee of the State Co-operative Bank or a Central Co-operative Bank under any provision of the Act shall be done only in consultation with Reserve Bank of India. (2) The committee of a Primary Agricultural Credit Co- operative Society shall be removed by the Registrar only under the following circumstances, namely :- (i) if a society incurs losses for three consecutive years; or (ii) if serious financial irregularities or frauds have been identified; or (iii) if there is perpetual lack of quorum over a period of three months. (3) The members of the committee of a Primary Agricultural Credit Co-operative Society which has been removed under sub-section (2) shall not be eligible to become a member of the committee for a period of three years from the date of such removal.] ### 82. Registrar's power to enforce performance of obligation. (1) It shall be the duty of every society to keep the prescribed books of accounts with respect to all sums of money received and expended by the society, and the matters in respect of which the receipt and expenditure take place, all sales and purchases of goods by the society, and the assets and liabilities of the society, and to furnish such statements and returns and such records to the Registrar as the Registrar may by order direct from time to time; and the officer or officers of the society shall be bound to comply with the order within the period specified therein. (2) Where any society is required to take any action under this Act, the rules or the bye-laws, or in compliance with an order made under sub-section (1) and such action is not taken- (a) within the time provided in this Act, the rules or the bye-laws, or the order, as the case may be, or (b) where no time is so provided, within such time, having regard to the nature and extent of the action to be taken, as the Registrar may specify by notice in writing, the Registrar may himself, or through a person authorised by him, take such action, at the expense of the society; and such expense shall be recoverable from the society a if it were an arrear of land revenue. (3) Where the Registrar takes action under sub-section (2), he may call upon any officer of the society whom he considers to be responsible for not complying with the provisions of this Act, the rules or the bye-laws, or the order may under sub-section (1), and after giving him an opportunity of being heard, may require him to pay to the society the expenses paid or payable by it to the State Government as a result of his failure to take action, and to pay to the assets of the society such sum not exceeding fifteen rupees as the Registrar may think fit for each day until Registrar's directions are carried out. (4) [ The provisions of sub-sections (1) to (3) shall apply to the societies in the cooperative credit structure subject to the guidelines, if any, issued by the Reserve Bank of India.] [Added by Gujarat 1 of 2008, Section 23 (w.e.f. 8.10.2007).] ### 83. [ Registrar's power to seize records etc. [Substituted by Gujarat 23 of 1982] (1) Where the Registrar is satisfied that the books and records of a society are likely to be suppressed, tampered with or destroyed or the funds and property of a society are likely to be mis-appropriated or misapplied or the officer or the person in possession unreasonably refuses to give possession of the records, funds and property, the Registrar may issue an order directing the person duly authorised by him in writing to seize and take possession of such books and records, funds and property of the society, and the officer of the society responsible for the custody of such books, records, funds and property or person in possession of the same shall give delivery thereof forthwith to the person so authorised. If the officer of the society or person in possession does not so give the delivery, then, without prejudice to any other action that may be taken against such officer, person or society under the provisions of this Act, the Registrar or the person authorised by him may apply to the Executive Magistrate within whose jurisdiction the society is functioning for seizing and taking the possession of the records and property of the society. (2) Oh receipt of an application under sub-section (1), the Magistrate may authorise any police officer not below the rank of a Sub-Inspector to enter and search any place where the records and property are kept or likely to be kept and to seize them and hand over possession thereof to the Registrar or the person authorised by him, as the case may be.] Chapter VIII Audit, Inquiry, Inspection and Supervision ------------------------------------------------------------ ### 84. [ Audit of Accounts of society. [Substituted by Gujarat Act No. 17 of 2013, dated 15.4.2013.] (1) The society shall cause to be audited its accounts atleast once in each financial year and also cause it to be completed within a period of six months from the closure of the financial year to which such accounts relate: Provided that if the society fails to get it accounts audited within the stipulated period as stated above, the Registrar shall cause to be audited the accounts of the society and the cost incurred for such audit shall be recovered from the society. (2) The society shall cause to be audited its accounts by an Auditor or auditing firm from a panel approved by the Government or an authority authorized by the State Government in this behalf, having required qualifications and experience as may be prescribed to be eligible for auditing accounts of the societies: Provided that the audit of the Central Co-operative Banks and the State Co-operative Banks shall be conducted only by the Chartered Accountants from the panel approved by the National Bank. (3) The audit report of the accounts of an apex Co-operative society shall be laid before the State Legislature as soon as possible after it is received. (4) The auditor shall for the purpose of audit, at all times have access to all the books, accounts, documents, papers, securities, cash and other properties belonging to, or in the custody of the society and may summon any person in possession or responsible for the custody of any such books, accounts, documents, papers, securities, cash or other properties to be produced the same at any place at the headquarters of the society or any branch thereof. (5) If it appears to the Registrar on an application or otherwise that it is necessary or an expedient to get any account of the society re-audited, the Registrar may, by an order, provide for such re-audit and the provisions of this Act applicable to the audit of accounts of the society shall apply to such re-audit. (6) For auditing the accounts of a society under this section, every society shall be liable to pay to the auditor such amount as audit fee as may be prescribed by the Government for different categories or class of societies. (7) The Registrar shall, in consultation with the National Bank prescribe Prudential Norms including Capital to Risk Weighted Assets Ratio for Primary Agricultural Credit Co- operative Societies. (8) The Registrar shall, by an order, provide for the periodical inspeCtion by the officers subordinate to the Registrar or by the federal society or by the financial bank, for a class of society under section 87 or section 88.] ### 85. Rectification of defects in accounts. - If the result of the audit held under Section 84 discloses any defects in the working of the society, the society shall within three months from the date of the report, explain to the Registrar the defects or the irregularities pointed out by the auditor, and take steps to rectify the defects and remedy irregularities, and report to the Registrar the action taken by it thereon. The Registrar may also make an order directing the society or its officers to take such action and within such time as may be specified therein to remedy the defects. Where the society concerned is member of a federal society, such order shall be made after consulting the federal ### 86. Inquiry by Registrar. (1) The Registrar may of his own motion himself, or by a person duly authorised by him in writing in this behalf, hold an inquiry into the constitution, working and financial conditions of a society. (2) The Registrar shall hold such an inquiry- (a) on the requisition of a society duly authorised by' rules made in this behalf to make such requisition, in respect of any of its member, such manner being itself a society,or (b) on the application of a majority of the committee of a society, or (c) on the application of one-third of the members of a society. (3) (a) Every officer, member and past member of the society in respect of which an inquiry is held, and any other person who is in possession of information, books and papers relating to the society, shall on being so required furnish such information as is in his possession, and produce all books and papers relating to the society which are in his custody or power, and otherwise give to the officer holding the inquiry all assistance in connection with the inquiry which he can reasonably give. (b) If any such person refuses to produce to the Registrar or any person authorised by him under sub-section (1), any book or paper which it is his duty under clause (a) to produce or to answer any question which is put to him by the Registrar or the person authorised by the Registrar in pursuance of sub-clause (a) the Registrar or the person authorised by the Registrar may certify the refusal and the Registrar may impose on the defaulter a penalty of an amount not exceeding five hundred rupees. Before imposing such penalty, the Registrar shall give, or cause to be given a reasonable opportunity to the defaulter, of showing cause against the action proposed to be taken in regard to him. (4) (a) If at any stage of the inquiry under this section the Registrar is satisfied that in the interest of the members of the society it is necessary to take over all books and papers relating to the society during the period of inquiry, he may make an order in writing to that effect and directing the society to hand over all books and papers relating to the society to such officer as may be specified in the order. The Registrar may also issue a direction to the society to refrain from doing such acts or engaging in such activities as may be specified in the direction. (b) The society shall be bound to comply with any direction issued to it under clause (a). (c) The books and papers taken over under clause (a) shall be returned to the society on the completion of the inquiry. (5) When the inquiry is held under this section the Registrar shall communicate the result of the inquiry- (i) in case the State Government have subscribed directly to the share capital of the society or in case any moneys are due from the society to the Principal State Partnership Fund or to the Subsidiary State Partnership Fund, to the State Government or to any officer appointed by it in this behalf; (ii) to the federal co-operative society concerned, and (iii) to the society concerned. (6) It shall be competent for the Registrar to withdraw any inquiry from the officer to whom it is entrusted, and to hold the inquiry or entrust it to any other person as he deems fit. ### 87. Inspection of books of indebted society. (1) On the application of a creditor of a society who,- (a) satisfies the Registrar that the debt is a sum then due, and that he has demanded payment thereof and has not received satisfaction within reasonable time, and (b) deposits with the Registrar such sum as the Registrar may require as security for the costs of any inspection of the books of the society, the Registrar may, if he thinks it necessary, inspect or direct a person authorised by him by order in writing in this behalf of inspect, the books of the society. (2) The Registrar shall communicate the result of any such inspection to the applicant, and to the society whose books have been inspected. (3) It shall be competent for the Registrar to withdraw any inspection himself or entrust it to any other person as he deems fit. ### 88. [ Inspection of books by Registrar or financing bank or federal society. [Substituted by Gujarat 23 of 1982] (1) (a) The Registrar or the person authorised by him in this behalf shall have the right to inspect the books of any society and shall have free access to the books, accounts, documents, securities, cash and other properties belonging to, or in the custody of, the society. (b) Every person who is or has at any time been an officer or employee of the society and every member and past member of the society shall furnish such information in regard to such transactions and working of the society as the Registrar or the person authorised by him may require. (2) Where a society is indebted to any co-operative financing bank, such bank shall have the right to inspect the books of that society. The inspection may be made either by an officer of the bank authorised by the committee of such bank or by a member of its paid staff certified by the Registrar as competent to undertake such inspection. The officer or member so inspecting shall at all reasonable times, have free access to the books, accounts, documents, securities, cash and other properties belonging to or in the custody of the society and may also call for such information, statements and returns, as may be necessary, to ascertain the financial condition of the society and the safety of the sums lent to it by the bank. (3) Where a society is a member of a federal society recognised by the State Government under Section 95 such federal society shall have the right to inspect the books of that society. The inspection may be made either by an officer of the federal society authorised by the committee of such federal society or by a paid employee of such federal society certified by the Registrar as competent to undertake such inspection. Such officer or employee shall at all reasonable times have free access to the books, accounts, documents, securities, cash and other properties belonging to, or in the custody of the society and may also call for such information, statements and return as may be necessary.] ### 89. Suspension of officer or servant of society. (1) Where in the course of an audit under Section 84 or an inquiry under Section 86 or an inspection under Section 87 or Section 88, it is brought to the notice of the Registrar that a paid officer or servant of a society has committed or has been otherwise responsible for misappropriation, breach of trust or other offence, in relation to the society, the Registrar may, if in his opinion, there is prima facie evidence against such paid officer or servant and the suspension of such paid officer or servant is necessary in the interest of the society, direct the committee of the society pending the investigation and disposal of the matter, to place or cause to be placed such paid officer or servant under suspension from such date and for such period as may be specified by him. (2) On receipt of a direction from the Registrar under sub-section (1) the committee of the society shall, notwithstanding any provision to the contrary in the bye-laws, place or cause to be placed the paid officer or servant under suspension forthwith. (3) The Registrar may direct the committee to extend from time to time, the period of suspension and that the paid officer, or servant suspended shall not be reinstated except with the previous sanction of the Registrar. (4) It the Committee fails to comply with the direction issued under sub-section (1), the Registrar may make an order placing such paid officer or servant under suspension from such date and for such period as he may specify in the order and thereupon the paid officer or servant, as the case may be, shall be under suspension. ### 90. Costs of inquiry and inspection. (1) The cost of an inquiry under Section 86 or, as the case may be of an inspection under Section 87 shall be in the first instance from the Consolidated Fund of the State and shall be recovered in accordance with subsection (2) and Section 91. (2) The Registrar shall determine the total amount of the cost referred to in subsection (1) and by order apportion the cost or such part thereof as he may think just between the society, the members or creditors demanding the inquiry or inspection, the officers or former officers and the members of the society : Provided that where a person has ceased to be a member on his death, the order of apportionment shall be made against the estate, if such person was liable for the costs : Provided further that no order of apportionment of costs shall be made under this section without- (a) having heard or given a reasonable opportunity of being heard to, the society or person or in the case of an estate its legal representative, as the case may be, against whom or which such order is proposed to be made; and (b) setting out in the order the grounds on which the apportionment is made. (3) No expenditure from the funds of a society shall be incurred, for the purpose of defraying any costs in support of any appeal preferred by a person other than the society against an order made under sub-section (1). ### 91. Mode of recovery of sums imposed as penalty or awarded as costs. - Any sum imposed as penalty under Sections 77, 78 or 86 or awarded by way of costs under Section 90 may, on an application by the Registrar or a person authorised by him in that behalf to a Magistrate having jurisdiction in the place where the person from whom the penalty or costs are recoverable resides or carries his business, be recovered by the Magistrate as if it were a fine imposed by himself; and such Magistrate shall proceed to recover the same in the manner provided by the Code of Criminal Procedure, 1898 (V of 1898), for the recovery of fines. ### 92. Registrar to bring defects disclosed in inquiry or inspection to notice of society. (1) If the result of any inquiry held under Section 86 or inspection made under Section 87, discloses any defects in the constitution, working or financial condition or the books of a society, the Registrar may bring such defects to the notice of the society. The Registrar may also make an order directing the society or its officers to take such action as may be specified in the order to remedy the defects, within the time specified therein. (2) The society concerned may make an appeal against an order made by the Registrar under sub-section (1) to the State Government within two months from the date of the communication of the order to the society. (3) The State Government may, in deciding the appeal, annul reverse, modify or confirm the order of the Registrar. (4) Where the society fails to rectify the defects as directed by the Registrar and where no appeal has been made to the State Government under sub-section (2) or where on the appeal so made the State Government has not annulled, reversed or modified the order, the Registrar may himself take steps to have the defects rectified, and may recover the cost from the officers of the society who, in his opinion, have failed to rectify the defects. ### 93. Power of Registrar to assess damages against delinquent, promoters, etc. (1) Where, in the course of or as a result of an audit under Section 84, or an inquiry under Section 86 or an inspection under Section 87, or the winding up of a society, the Registrar may satisfied on the basis of the report made by the auditor or the person authorised to make inquiry under Section 86, or the person authorised to inspect the books under Section 87, or the Liquidator under Section 110, that any person who has taken any part, in the organisation or management of the society or any deceased, or past or present officer of the society has, within a period of five years prior to the date of such audit, inquiry, inspection or order for winding up, misapplied or retained, or become liable or accountable for, any money or property of the society, or has been guilty of misfeasance or breach of trust in relation to the society, the Registrar or a person authorised by him in that behalf may investigate the conduct of such person or persons and after framing charges against such person or persons, and after giving a reasonable opportunity to the person concerned and in the case of a deceased person to him representative who inherits his estate, to answer the charges, make an order requiring him to repay or restore the money or property or any part thereof, with interest at such rate as the Registrar or the person authorised under this section may determine, or to contribute such sum to the assets of the society by way of compensation in regard to the misapplication, retention, misfeasance or breach of trust, as he may determine. (2) The Registrar or the person authorised under sub- section (1) in making any order under this section, may provide therein for the payment of the costs or any part thereof of such investigation, as he thinks just, and he may direct that such costs or any part thereof shall be recovered from the person against whom the order has been issued. (3) This section shall apply, notwithstanding that the act is one for which the person concerned may be criminally responsible. ### 94. Power to enforce attendance etc. - The Registrar or the person authorised by him, when acting under Section 86, 87 or 93 shall have the power to summon and enforce the attendance of any person to give evidence or to compel the production of any document or other material object by the same means and in the same manner as is provided in the case of a Civil Court under the Code of Civil Procedure, 1908 (V of 1908). ### 95. Constitution or recognition of federal society to supervise working of societies. (1) The State Government may constitute committees or recognise one or more co-operative federal societies in such manner as may be prescribed and subject to such conditions as the State Government may impose for the supervision of a society or a class of societies and may frame rules for making grants to any such committee or federal society. (2) The State Government may, by general or special order, require of a society or a class of societies to make contribution of such sum every year as may be fixed by the Registrar towards the recoupment of expenditure which the State Government or any person authorised or a committee in that behalf has incurred or is likely to incur, in respect of the supervision of societies. (3) A society to which sub-section (2) is applicable shall pay to such authority such fee as may be prescribed within a reasonable time and, if it fails to pay such fee within a reasonable time, the authority may recover it as if it were an arrear of land revenue. Chapter IX Procedure for Deciding Disputes ----------------------------------------------- ### 96. Disputes. (1) Notwithstanding anything contained in any other law for the time being in force, any dispute touching the constitution, management or business of a society shall be referred in the prescribed form either by any of the parties to the dispute, or by a federal society to which the society is affiliated, or by a creditor of the society, to the Registrar, if the parties thereto are from amongst the following :- (a) a society, its committee, any past committee, any past or present officer, any past or present agent, any past or present servant or nominee, heir or legal representative of any deceased officer, deceased agent or deceased servant of the society, or the Liquidator of the society; (b) a member, past member or a person claiming through a member, past member or a deceased member of a society, or a society which is a member of the society; (c) a person, other than a member of the society, who has been granted loan by the society, or with whom the society has or had transaction under the provisions of Section 46, and any person claiming through such a person; (d) a surety of a member, past member or a deceased member, or a person other than a member who has been granted a loan by the society under Section 46, whether such a surety is or is not a member of the society; (e) any other society, or the Liquidator of such a society. (2) When any question arises whether for the purposes of sub-section (1) a matter referred to for decision is a dispute or not, the question shall be considered by the Registrar, whose decision shall be final. Explanation I. - For the purposes of this sub- section, a dispute shall include- (i) a claim by a society for any debt or demand due to it from a member, past member or the nominee, heir or legal representative of a deceased member, whether such a debt or demand be admitted or not; (ii) a claim by a surety for any sum or demand due to him from the principal borrower in respect of a loan by a society and recovered from the surety owing to the default of the principal borrower, whether such a sum or demand be admitted or not; (iii) a claim by a society for any loss caused to it by a member, past member, or deceased member, by any officer, past officer or deceased officer, by any agent, past agent or deceased agent, or by any servant, past servant or deceased servant, or by its committee, past or present whether such loss be admitted or not; (iv) a refusal or failure by a member, a past member or a nominee, heir or legal representative of a deceased member, to deliver possession to a society of land or any other asset resumed by it for breach of conditions of the assignment. Explanation II. - For the purposes of this section, the expression "agent" includes in the case of a housing society, an architect, engineer or contractor engaged by the society. ### 97. Limitation. (1) Notwithstanding anything contained in the Indian Limitation Act, 1908 (IX of 1908), but subject to the specific provisions made in this Act, the period of limitation in the case of a dispute referred to the Registrar under Section 96 shall- (a) when the dispute relates to the recovery of any sum, including interest thereon due to a society by a member thereof, be computed from the date on which such member dies or ceases to be a member of the society; (b) when the dispute is between a society or its committee, and any past committee, any past or present officer, or past or present agent, or past or present servant or the nominee, heir or legal representative of a deceased officer, deceased agent or deceased servant of the society, or a member or past member, or the nominee, heir or legal representative of a deceased member, and when the dispute relates to any act or omission on the part of either party to the dispute, be six years from the date on which the act or omission with reference to which the dispute arose, took place; (c) when the dispute is in respect of any matter touching the constitution, management or business of a society which has been ordered to be wound up under Section 107, or in respect of which a nominated committee or an administrator has been appointed under Section 81, be six years from the date of the order issued under Section 107, or Section 81, as the case may be; (d) when the dispute is in respect of an election of any office-bearer of a society, be two months from the date of the declaration of the result of such election. (2) The period of limitation in the case of any dispute other than those mentioned in sub-section (1) which are required to be referred to the Registrar under Section 96 shall be regulated by the provisions of the Indian Limitation Act, 1908 (IX of 1908), as if the dispute were a suit, and the Registrar of a Civil Court. (3) Notwithstanding anything contained in sub-section (1) and (2), the Registrar may admit a dispute after the expiry of the period of limitation if the applicant satisfies him that he had sufficient cause for not referring the dispute within such period, and the dispute so admitted shall be a dispute which shall not be barred on the ground that the period of limitation had expired. ### 98. Settlement of disputes. (1) If the Registrar is satisfied that any matter, referred to him is a dispute, within the meaning of Section 96 the Registrar shall, subject to the rules, decide the dispute himself, or refer it for disposal to a nominee, or a board of nominees, appointed by the Registrar : Provided that no person who is connected with adispute or with the society at any stage or has previously inspected the society or audited its accounts shall be appointed as a nominee or as member of the board of nominees to settle the dispute. (2) Where any dispute is referred under sub-section (1) for decision to the Registrar's nominee or board of nominees, the Registrar may at any time, for reasons to be recorded in writing withdraw such dispute from his nominee, or board of nominees, and may decide the dispute himself, or refer it again for decision to any other nominees, or board of nominee, appointed by him. (3) Notwithstanding anything contained in Section 96, the Registrar may, if he thinks fit, suspend proceedings in regard to any dispute, if the question at issue between a society and a claimant or between different claimants, is one involving complicated question of law or fact, until the question has been tried by a regular suit instituted by one of the parties or by the society. If any such suit is not instituted within two months from the Registrar's order suspending proceedings, the Registrar shall take action as is provided in sub-section (1). ### 99. Procedure for settlement of disputes and power of Registrar, his nominee or board of nominees. (1) The Registrar, or his nominee or board of nominees, hearing a dispute under Section 98 shall hear the dispute in the manner prescribed, and shall have power to summon and enforce attendance of witnesses including the parties interested or any of them and to compel them to give evidence, and to compel the production of a documents by the same means and as far as possible in the same manner as provided in the case of a Civil Court by the Code of Civil Procedure, 1908 (V of 1908). (2) Except where a dispute involves complicated question of law or fact, no legal practitioner in his capacity as a legal practitioner or as person holding a power of attorney shall be permitted to appear on behalf of any party at the hearing of a dispute. (3) (a) If the Registrar or his nominee or board of nominees is satisfied that a person, whether he be a member of the society or not, has acquired any interest in the property of a person who is a party to a dispute, he may order that the person who has acquired the interest in the property may join as a party to the dispute; and any decision that may be passed on the reference by the Registrar or his nominee or board of nominees shall be binding on the party so joined, in the same manner as if he were on original party to the dispute. (b) Where a dispute has been instituted, in the name of the wrong person or where all the defendants have been not included, the Registrar or his nominee or board of nominees may, at any stage of the hearing of the dispute if satisfied that the mistake was bona fide, order any other person to be substituted or added as a plaintiff or a defendant, upon such terms as he thinks just. (c) The Registrar, his nominee or board of nominees may, at any stage of the proceedings, either upon or without the application of either party, and on such terms as may appear to the Registrar, his nominee or board of nominees, as the case may be, to be just, order that the name of any party improperly joined whether as plaintiff or defendant be struck out, and that the name of any person who ought to have been joined whether as plaintiff or defendant or whose presence before the Registrar, his nominee or board of nominees as the case may be, may be necessary in order to enable the Registrar, his nominee or board of nominees effectually and completely to adjudicate upon and settle all the questions involved in the dispute, be added. (d) Any person who is a party to the dispute and entitled to more than one relief in respect of the same cause of action may claim all or any of such reliefs; but if he omits to claim all such reliefs, he shall not forward claim for any relief so omitted, except with the leave of the Registrar, his nominee or board of nominees. (4) Notwithstanding anything contained in sub-sections (1), (2) and (3), the following disputes or class of disputes, if the plaintiff so desires, shall be decided summarily by the Registrar, or his nominee or board of nominees, in such manner as may be prescribed, namely :- [(a) any dispute for recovery of debt upon promissory note, hundi, bill of exchange or bond, with or without interest, whether agreed upon under such instrument or under the bye-laws; (b) any dispute for recovery of a fixed sum of money or in the nature of debt, with or without interest, arising on a written contract; (c) any dispute for recovery of price of goods sold and delivered, where the rate, quality and quantity are admitted in writing; (d) any dispute for recovery of dues payable by a member of a housing society towards contribution for construction of the house, or any dispute in respect of repayment of any loan, interest or loan, ground rent, local authority taxes, sinking fund, water charges, electrical charges, maintenance and upkeep charges or charges for other services rendered by the society and the interest on such arrears, payable under the written agreement or under the bye-laws. (5) (a) The defendant shall not be entitled to defend the dispute unless he obtains leave from the Registrar, his nominee or, as the case may be, the board of nominees, in such manner as may be prescribed. (b) The Registrar, his nominee or board of nominees may grant the leave under clause (a) on such conditions, as he thinks fit. (c) The Registrar, his nominee or board of nominees shall not refuse the leave to defend the dispute unless he is satisfied that the facts disclosed by the defendant do not indicate that he has substantial defence to raise or that the defence intended to be put up by him is frivolous or vexatious. (d) Where the defendant fails to obtain such leave or fails to appear or defend the dispute in pursuance of such leave, the averments made in the plaint and documents produced therewith shall be deemed to have been admitted by' the defendant : Provided that the Registrar, his nominee or board of nominees in his discretion requires any fact so admitted to be proved otherwise than by such admission. (e) Where the conditions on which leave to defend is granted are not complied with by the defendant, the Registrar, his nominee or, as the case may be, board of nominees may pass an award against him, as if he has not been granted such leave. (6) The Registrar, his nominees or, as the case may be, board of nominees shall under special circumstances set aside the award passed by him and if necessary stay or set aside execution, and may grant leave to the defendant to appear and defend the disputes, if it seems reasonable so to do, and on such terms as he thinks fit.] [Inserted for sub-sections (4) to (6) by Gujarat Co-operative Societies (Amendment) Act, 1997 (Act 4 of 1997) Section 3] ### 100. Attachment before award. (1) Where a dispute has been referred to the Registrar or his nominee or board of nominees under Section 98 or under Section 110, or where the Registrar or the person authorised under Section 93 hears a person against whom charges are framed under that section, the Registrar or his nominee or board of nominees, or as the case may be, the person so authorised under Section 93 if satisfied on enquiry or otherwise that a party to such dispute or against whom proceedings are pending under Section 93 with intent to defeat, delay or obstruct the execution of any award or the carrying out of any order that may be made,- (a) is about to dispose of whole or any part of his property, or (b) is about to remove the whole or any part of his property from the jurisdiction of the Registrar. may, unless adequate security is furnished, direct conditional attachment of the said property and such attachment shall have the same effect as if made by a competent Civil Court. (2) Where a direction to attach property is issued under sub-section (1) the Registrar, his nominee or board of nominees or the person authorised, under Section 93 shall issue a notice calling upon the person whose property is so attached to furnish such security within such period as may be specified in the notice; and if the person fails to provide the security so demanded, the Registrar or his nominee or board of nominees or, as the case may be, the person authorised under Section 93 may confirm the order and, after the decision in the dispute or the completion of the proceedings referred to in sub-section (1) may direct the disposal of the property so attached towards the claim if awarded. (3) Attachment made under this section shall not affect the rights subsisting prior to the attachment of the property, of persons not parties to the proceedings in connection with which the attachment is made, or bar any person holding a decree prior to such attachment against the person whose property is so attached from applying for the sale of the property under attachment in execution of such decree. ### 101. Decision of `Registrar or his nominee or board of nominees. - [(1) ] [Renumbered by Gujarat 23 of 1982] When a dispute is referred to the Registrar for decision, he or his nominee or board of nominees may, after giving a reasonable opportunity to the parties to the dispute to be heard, make an award on the dispute, on the expenses incurred by the parties to the dispute in connection with the proceedings, and the fees and expenses payable to the Registrar or his nominee or, as the case may be, broad of nominees. Such an award shall not be invalid merely on the ground that it was made after the expiry of the period fixed by the Registrar, for deciding the dispute and shall, subject to appeal or review or revision, be binding on the parties to the dispute. (2) [] [Inserted by Gujarat 23 of 1982] The Registrar, his nominee or, as the case may be, the board of nominees, may before hearing the parties, require any party or parties to such dispute to deposit such sum as may, in his or its opinion, be considered reasonable to meet the expenses including the payment of fees, that may be payable to the Registrar, his nominee or, as the case may be, the board of nominees, in pursuance of the award to be made under sub-section (1) . (3) The Registrar may, having regard to the nature of the cause of action or subject-matter of dispute, the nature of relief that may be claimed in a dispute and such other matters, specify by a general or special order, the scale of fees and expenses that may be made payable to him or his nominees or, as the case may be, the board of nominees, by or under an award made under sub-section (1).] ### 102. Appeal against decision of Registrar or his nominee or board of nominees. - Any party aggrieved by any decision of the Registrar or his nominee or board of nominees under Section 101 or in an order passed under Section 100 may, within two months from the date of the decision or order appeal to the Tribunal. ### 103. Money how recovered. - Every order passed by' the Registrar or a person authorised by him under Section 93, or by the Registrar, his nominee or board of nominees under Section 100 or 101, every order passed in appeal under Section 102, every order passed by a Liquidator under Section 110, every' order passed by the State Government in appeal against orders passed under Section 110 and every order passed in revision under Section 155, shall if not carried out,- (a) on a certificate signed by the Registrar or a Liquidator, be deemed to be a decree of a Civil Court, as defined in clause (2) of Section 2 of the Code of Civil Procedure, 1908 and shall, be executed in the same manner as a decree of such Court, or (b) be executed according to the provisions of the Land Revenue Code and the rules thereunder for the time being in force for the recovery of arrears of land revenue : Provided that, any application for the recovery in such manner of any such sum shall ; be made to the Collector, and shall be accompanied by a certificate signed by the Registrar, or by any Assistant Registrar to whom the said power has been delegated by the : Registrar. Such application shall be made within twelve years from the date fixed in the order and if no such date is fixed, from the date of the order. ### 104. Private transfer of property made after issue of certificate void against society. - Any private transfer or delivery of, or encumbrance or charge on, property made or created after the issue of the certificate of the Registrar, Liquidator or Assistant Registrar, as the case may be under Section 103 shall be null and void as against the society on whose application the said certificate was issued. ### 105. Transfer of property, which cannot be sold. (1) When in execution of an order sought to be executed under Section 103 any property cannot be sold for want of buyers, if such property is in occupancy of the defaulter, or of some person in his behalf, or of such person claiming under a title created by the defaulter subsequent to the issue of the certificate of the Registrar, Liquidator or the Assistant Registrar, under clause (a) or (b) of Section 103, the Court or the Collector or the Registrar, as the case may be, may direct that the said property or any portion thereof shall be transferred to the society which has applied for the execution of the said order, in the manner prescribed. (2) Where property is transferred to the society under sub-section (1), or is sold under the provisions of Section 103, the Court, the Collector or the Registrar, as the case may be, may, in accordance with the rules, place the society or the purchaser, as the case may be, in possession of the property transferred or sold. (3) Subject to the rules made in this behalf, and to any rights, encumbrances, charges or equities lawfully subsisting in favour of any person, such property or portion thereof shall be held under sub-section (1) by the said society on such terms and conditions as may be agreed upon between the Court, the Collector or the Registrar, as the case may be, and the said society. Subject to the general or special orders of the State Government, the Collector or the Registrar may delegate to an officer, not below the rank of an Assistant or Deputy Collector or an Assistant Registrar powers exercisable by the Collector or the Registrar under this section. ### 106. Recovery of crop loans. (1) Notwithstanding anything contained in Sections 96, 98 and 103, on an application made by a society undertaking the financing of crop and seasonal finance as defined under the Bombay Agricultural Debtors Relief Act, 1947 (Bombay XXVIII of 1947) [or undertaking medium term finance] [Inserted by Gujarat 23 of 1982] for the recovery of arrears of any sum advanced by it to any of its members on account of the [financing of crops, seasonal finance or medium term finance] [Substituted by Gujarat 23 of 1982] and on its furnishing a statement of accounts in respect of the arrears, the Registrar may, after making such inquiries as he deems fit, grant a certificate for the recovery of the amount stated therein to be due as arrears. [Explanation. - In this sub-section "medium term finance" means advancing of loans for any purpose of production, relating to agriculture, fishery, animal husbandry and industry such loans being re-payable otherwise then in the manner specified in the definitions of the expressions "financing of crops" and "seasonal finance" in the Bombay Agricultural Debtors Relief Act, 1947 (Bombay XXVIII of 1947)] [Inserted by Gujarat 23 of 1982] . [(1-A) If a society referred to in sub-section (1) fails to make an application under that sub-section, then, if such society is a member of any co- operative financing bank such co-operative financing bank may direct such society to take such action and if the society fails to take action in pursuance of such direction, the co-operative financing bank may itself make an application under sub-section (1) on behalf of the society.] [Inserted by Gujarat 23 of 1982] (2) [Where the Registrar is satisfied that a society or the co-operative financing bank to which such society is affiliated has failed to make an application under sub-section (1) or, as the case may be, under sub-section (1-A)] [Substituted by Gujarat 23 of 1982] in respect of such arrears the Registrar may, of his own motion, after making such inquiries as he deems fit, grant a certificate for the recovery of the amount stated therein to be due as such arrears, and such a certificate shall be deemed to have been issued as if on an application made by the society concerned. (3) A certificate granted by the Registrar under sub- section (1) or (2) shall be final and a conclusive proof of the arrears, stated to be due therein, which shall be recoverable according to the provisions of the Land Revenue Code and of the Rules thereunder for the time being in force for the recovery of land revenue. (4) It shall be lawful for the Collector and the Registrar to take precautionary measures authorised by Sections 140 to 144 of the Land Revenue Code, until the arrears due to the society together with interest and any incidental charges incurred in the recovery of such arrears, are paid, or security for payment of such arrears is furnished to the satisfaction of the Registrar. Chapter X Liquidation -------------------------- ### 107. Winding up. (1) If the Registrar, [Except as otherwise provided in sub- section (1A)] [Inserted by Gujarat Act No. 17 of 2013, dated 15.4.2013.] - (a) after an inquiry has been held under Section 86, or an inspection has been made under Section 87, or on the report of the auditor auditing the accounts of the society, or (b) on receipt of an application made upon a resolution carried by three-fourths of the members of a society present at a special general meeting called for the purpose, or (c) of his own motion, in the case of a society which- (i) has not commenced working, or (ii) has ceased working, or (iii) possesses shares of members deposits not exceeding five hundred rupees, or (iv) has ceased to comply with any conditions as to registration and management in this act or [the rules or the bye-laws, or] [Substituted by Gujarat 23 of 1982] (v) [ has failed to comply with any directions issued under sub-section (1) of Section 160 or such directions as modified under sub-section (2) of that section.] [Inserted by Gujarat 23 of 1982] is of the opinion that a society ought to be wound up, he may make an interim order directing it to be wound up. (1A) [ Notwithstanding anything contained in sub-section (1) , in case where the members of the society, after having discharged liabilities towards the debt and assets of the society, upon a resolution carried by three-fourth majority of the members of the society present at a special general meeting called for the purpose, suo motu resolves to wind up the society and conveys such resolution to the Registrar. The Registrar shall, after disposing off the surplus assets in accordance with the provisions of section 115, cancel the registration of such society under section 20.] [Inserted by Gujarat Act No. 17 of 2013, dated 15.4.2013.] (2) Where an interim order is made on a ground specified in clause (a) or sub-clause (iv) of clause (c) of sub- section (1) a copy thereof shall be communicated, in the prescribed manner, to the society calling upon it to submit its explanation to the Registrar within a month from the date of the issue of such order. (3) The Registrar, after giving an opportunity to the society of being heard, shall make a final order, vacating or confirming the interim order. ### 108. Appointment of Liquidator. (1) When an interim or final order is made under Section 107 for the winding up of a society, the Registrar may, in accordance with the rules appoint a person to be the liquidator of the society, and fix his remuneration. (2) Where an interim order is made the officers of the society shall hand over to the liquidator the custody and control of all the property, effects and actionable claims to which the society is or appears to be entitled, and of all books, records and other documents pertaining to the business of the society and, shall have no access to any of them. (3) When a final order is made confirming the interim order, the officers of the society- [(a) shall hand over to the liquidator the custody and control of any property, effects and actionable claims and any books, records, and other documents pertaining to the business of the society, which for any reason are not handed over to the liquidator under sub-section (2) at the time when an interim order was made. (b) shall vacate their offices and while winding up order remains in force, the general body of the society shall not exercise any powers.] (4) The liquidator shall, subject to the general control of the Registrar, exercise all or any of the powers mentioned in Section 100. The Registrar may remove him from his office and appoint another in his place, without assigning any reason. (5) The whole of the assets of the society shall on the appointment of the liquidator vest in him and notwithstanding anything contained in any law for the time being force, if any immovable property is held by him on behalf of the society, the title over the land shall be complete as soon as the mutation of the name of his office is effected, and no Court shall question the title on the ground of dispossession, want of possession or physical delivery of possession. (6) In the event of the interim order being vacated, the liquidator shall hand over the property, effects, actionable claims, books, records and other documents of the society to the officers who had delivered the same to him. The acts done, and the proceedings taken by the liquidator, shall be binding on the society, and such proceedings shall, after the interim order has been vacated under Section 107 be continued by the officers of the society. ### 109. Appeal against order of winding up. (1) The committee, or any member, of the society ordered to be wound up, may within two months from the date of the communication to the society of the order made under Section 107 appeal, if the order is made by the Registrar, Additional Registrar or Joint Registrar to the State Government, or if the order is made by any other person on whom the powers of the Registrar are conferred, to the Registrar; Provided that no appeal shall lie against an order issued under sub-clauses (i) , (ii) or (iii) of clause (c) of sub-section (1) of Section 107 : Provided further that, no appeal shall lie against an order passed by the Registrar on appeal. (2) No appeal under this section shall be entertained from a member unless it is accompanied by such sum as security for the costs of hearing the appeal, as may be prescribed. ### 110. Powers of Liquidator. - The Liquidator appointed under Section 108 shall have power, subject to the rules and the general supervision, control and direction of the Registrar,- (a) to institute and defend suits and other legal proceedings, civil or criminal, on behalf of the society, in the name of his office; (b) to carry on the business of the society, so far as may be necessary for the beneficial winding up of the same; (c) to sell the immovable and movable property and actionable claims of the society by public auction or private contract, with power to transfer the whole or part thereof to any person or body corporate, or sell the same in parcels; (d) to raise, on the security of the assets of the society, any money required; (e) to investigate all claims against the society and, subject to the provisions of the Act, to decide question of priority arising out of such claims and to pay any class or classes of creditors in full or ratably according to the amount of such debts, the surplus being applied in payment of interest from the date of liquidation at a rate approved by the Registrar, but not exceeding the contract rates; (f) to 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, whereby the society may be rendered liable; (g) to compromise all calls or liabilities to calls and debts and liabilities capable of resulting in debts, and all claims present or future, certain or contingent, subsisting or supposed to subsist between the society and a contributory or alleged contributory or other debtor or person apprehending liability to the society, and all questions in any way relating to or affecting the assets or the winding up of the society, on such terms as may be agreed, and take any security for the discharge of any such call, liability, debt, or claim, and give a complete discharge in respect thereof; (h) to determine, from time to time, after giving an opportunity to answer the claim, the contribution to be made or remaining to be made by the members or past members or by the estate, nominees, heirs or legal representatives of deceased members, or by any officer, past officer or the estate or nominees, heirs or legal representatives of a deceased officer to the assets of the society, such contribution being inclusive of debts due from such members or officers; (i) to make applications under Section 103; (j) to get disputes referred to the Registrar for decision by himself or his nominee or board of nominees; (k) to determine by what persons and in what proportion the costs of the liquidation shall be borne; (l) to fix the time or times within which the creditors shall prove their debts and claims or be included for the benefits of any distribution made before those debts or claims are proved; (m) to summon and enforce the attendance of witnesses and to compel the production of any books, accounts, documents, securities, cash or other properties belonging to or in the custody of the society by the same means and in the same manner as provided in the case of a Civil Court under Code of Civil Procedure, 1908 (V of 1908); (n) to do all acts, and to execute in the name and on behalf of the society, all deeds, receipts and other documents, as may be necessary to such winding up; (o) to take such action as may be necessary under Section 19, with the prior approval of the Registrar, if there is reason to believe that the society can be reconstructed. ### 111. Effect of order of winding up. - After the expiry of the period for appeal under Section 109 against the order made under sub-section (3) of Section 107, or where the appeal has been dismissed, the order for winding up shall be effective and shall operate in favour of all creditors and of all the contributories of the society, as if it has been made on the joint petition of creditors and contributories. When a winding up order becomes effective, the liquidator shall proceed to realize the assets of the society by sale or otherwise, and no dispute shall be commenced, or if pending at the date of the winding up order, be proceeded with, against the society, except by leave of the Registrar and subject to such terms as the Registrar may impose. The Registrar may of his own motion, however, entertain or dispose of any dispute by or against the society. ### 112. Bar of suit in winding up and dissolution matters. - Save as expressly provided in this Act, no Civil Court shall take cognizance of any matter connected with the winding up or dissolution of a society under this Act; and when a winding up order has been made no suit or other legal proceedings shall lie or be proceeded with against the society or the liquidator, except by leave of the Registrar, and subject to such terms as he may impose; Provided that where the winding up order is cancelled, the provisions of this section shall cease to operate so far as the liability of the society and of the members thereof to be sued is concerned, but they shall continue to apply to the person who acted as liquidator. ### 113. Audit of liquidator's accounts. (1) The liquidator shall, during his tenure of office, at such times as may be prescribed, but not less than twice each year, present to the Registrar an account in the prescribed form of his receipts and payments as liquidator. The Registrar shall cause the accounts to be audited in such manner as he thinks fit; and for the purpose of audit, the liquidator shall furnish the Registrar with such vouchers and information as he, or the person appointed by him, may require. (2) The liquidator shall cause a summary of audited accounts to be prepared, and shall send a copy of such summary to every contributor. (3) The liquidator shall pay such fees as the Registrar may direct, for the audit of the accounts of books kept by him in the manner prescribed. (4) The liquidator shall be held liable for any irregularities which might be discovered in the course or a a result of audit in respect of transactions, subsequent to his taking charge of the affairs of the society, and may be proceeded against as if it were an act against which action could be taken under Section 93 : Provided that, no such action shall be taken unless the irregularities have caused or are likely to cause loss to the society, and have occurred due to gross negligence or want on omission by the liquidator, in carrying out the duties and functions. ### 114. Termination of liquidation proceedings. (1) The winding up proceedings of a society shall be closed within three years from the date of the order of the winding up, unless the period is extended by the Registrar : Provided that, the Registrar shall not grant any extension for a period exceeding one year at a time and four years in the aggregate, and shall, immediately after the expiry of seven years from the date of the order for winding up of the society, deem that the liquidation proceedings have been terminated, and pass an order terminating the liquidation proceedings. Explanation. - In the case of a society which is under liquidation at the date of the commencement of this Act, an order for the winding up of the society shall be deemed for the purpose of this section to have been passed on the said date. (2) Notwithstanding anything contained in sub-section (1) the Registrar shall terminate the liquidation proceedings on receipt of the final report from the liquidator. The final report of the liquidator shall state that the liquidation proceedings of the society have been closed, and also state how the winding up has been conducted and the property and claims of the society have been disposed off, and shall include a statement showing a summary of the account of the winding up including the cost of liquidation, the amount, if account of the winding up including the cost of liquidation, the amount, if any, standing to the credit of the society, after paying off its liabilities including the share or interest of members and shall suggest how the surplus should be utilised. (3) The Registrar, on receipt of the final report from the liquidator, shall direct the liquidator to convene a general meeting of the members of the society for recording the report. ### 115. Disposal of surplus assets. - Any surplus assets, as shown in the final report of the liquidator of a society which has been wound up, shall not be divided, amongst its members but shall be devoted to any object or objects provided in the bye- laws of the society, if they specify that such a surplus shall be utilised for the particular purpose. Where the society has no such bye-laws, the surplus shall vest in the Registrar, who shall hold it in trust and shall transfer it to the reserve fund of a new society registered with a similar object, and serving more or less an area which the society to which the surplus belonged was serving : Provided that, where no such society exists or is registered within three years of the cancellation of the registration of the society whose surplus is vested in the Registrar, the Registrar may distribute the surplus in the manner he thinks best, among any or all of the following :- (a) an object of public utility and of local interest as may be recommended by the members in general meeting held under Section 114 or where the society has ceased to function and its record is not available or none of its members is forthcoming, as the Registrar thinks proper; (b) a federal society with similar objects to which the cancelled society was eligible for affiliation or, where no federal society exists, the Gujarat State Federal Society; and (c) any charitable purpose as defined in Section 2 of the Charitable Endowments Act, 1890 (VI of 1890). [Chapter X-A] [Inserted by 8 of 1978] Insured Co-Operative Bank ### 115A. Order for winding up, reconstruction, supersession of committee, etc. of insured co-operative bank not to be made without sanction or requisition of Reserve Bank of India. - Notwithstanding anything contained in this Act, in the case of an insured co-operative bank,- (1) an order for winding up or an order sanctioning a scheme of compromise or arrangement or of amalgamation or reconstruction (including division or reorganisation) of the bank may be made only with the previous sanction in writing of the Reserve Bank of India; (2) an order for the winding up of the bank shall be made by the Registrar if so required by Reserve Bank of India in the circumstances referred to in Section 13-D of the Deposit Insurance Corporation Act, 1961 (47 of 1961); [(2-A) Notwithstanding anything contained in this Act or the rules made thereunder, the Registrar shall ensure the implementation of regulatory prescription given by the Reserve Bank of India including supersession and winding up of the State Co-operative Bank and the Central Co-operative Bank and shall appoint the liquidator within a period of one month of being so advised by the Reserve Bank of India.] [Inserted by Gujarat 1 of 2008, Sec. 25 (w.e.f. 8.10.2007).] (3) if so required by the Reserve Bank of India in the public interest or for preventing the affairs of the bank being conducted in a manner detrimental tothe interests of the depositors or for securing the proper management of the bank, an order shall be made by the Registrar for supersession of the committee and the appointment of an administrator in place thereof for such period or periods, not exceeding five years in the aggregate, as may from time to time be specified by the Reserve Bank of India, and the administrator so appointed shall, after the expiry of his term of office, continue in office until the day immediately preceding the date of the first meeting of the new committee of such bank; (4) an order for winding up of the bank or an order sanctioning a scheme of compromise or arrangement or of amalgamation or reconstruction including division or reorganisation) or an order for the supersession of the committee of the bank and the appointment of an administrator in place thereof made with the previous sanction in writing or on the requisition of the Reserve Bank of India shall be final and shall not be liable to be called in question in any manner in any Court; and (5) the liquidator or such bank or the transferee bank, as the case may be, shall be under an obligation to pay the Deposit Insurance Corporation established under the Deposit Insurance Corporation Act, 1961 (47 of 1961), in the circumstances, to the extend and in the manner referred to in Section 21 of that Act. Explanation. - In this section,- (a) the expression "insured co-operative bank" means a society which is an insured bank under the provisions of the Deposit Insurance Corporation Act, 1961 (47 of 1961); (b) the expression "transferee bank" in relation to an insured co-operative bank means a co-operative bank- (i) with which such insured co-operative bank is amalgamated, or (ii) to which the assets and liabilities of such insured co- operative bank are transferred, or (iii) into which such insured co-operative bank is divided or converted, under sub-section (1) of Section 17.] [Chapter X-B] [Inserted by Gujarat Co-operative Societies (Amendment) Ordinance, 2002, w.e.f. 22.1.2002, and replaced by Section. 2 of the Gujarat Co-operative Societies (Amendment) Act, 2002 (13 of 2002) by repealing Ordinance No. 1 of 2002, published in the Gujarat Gazette Extraordinary, Part 4, No. 14, dated 6.4.2002, p. 14-1] Certain Other Provisions Relating to Urban Co-Operative Banks ### 115B. Definitions. - In this Chapter, unless the context otherwise requires,- (a) "Bank" means an Urban Co-operative Bank; (b) "committee" means a committee of an Urban Co- operative Bank; (c) "committee member1" means a member of a committee; (d) "company" means any body corporate and includes a firm and other association of individuals; (e) "member of a family" in relation to a committee member means a wife or, as the case may be, a husband, father, mother, son who is dependent for his maintenance and unmarried daughter; (f) "Urban Co-operative Bank" means a society registered under this Act and doing the business of banking, as defined in clause (b) of Section 5 of the Banking Regulation Act, 1949 (10 of 1949). ### 115C. Qualifications and disqualifications for being committee member. (1) A person shall not be eligible for being chosen as a committee member unless he,- (a) is continuously a member of the bank for a period of not less than three years and continues to be such member, and (b) has deposited in the bank an amount of not less than twenty thousand rupees and continues to so deposit. (2) (a) A person shall be disqualified for being a committee member if he ceases to possess any of the qualifications mentioned in clauses (a) and (b) of sub-section (1). (b) A person shall be disqualified for being chosen as or for being a committee member,- (i) if such a person has made default in repayment of any loan taken from any bank or other society, (ii) if a company in which the person or any member of his family has any interest has made default in repayment of any loan taken from any bank or other society after the date when repayment of the loan has become due, (iii) if such person is convicted of an offence under Section 115-H. (3) A committee member shall cease to hold office as such if at any time during the term of office, he becomes disqualified for being a committee member by reason of the provisions of sub-section (2). (4) If any question arises as to whether a committee member has ceased to hold office as such under sub-section (3), the Registrar may after giving an opportunity to the committee member of being heard, determine the question and where the Registrar determines that a committee member has ceased to hold office may be order to remove such committee member. ### 115D. Right to vote. - No person shall exercise the right to vote at an election of a member of a committee in a financial year unless he is a member of the bank for the whole of the financial year preceding the financial year in which the election is held as continues to be such member. ### 115E. Term of office of officers. (1) A Chairman, Vice-Chairman or Managing Director (if such Director is elected) or a committee shall, unless he resigns or is removed earlier, be entitled to hold office continuously for not more than two terms. (2) A person who has held the office of a Chairman or Vice-Chairman or Managing Director (if he is elected) continuously for two terms, shall be eligible to hold that office after a lapse of a period of not less than two terms after he ceases to hold that office. Explanation I. - For the purpose of this section, the expression "term" means a term consisting of three years commencing from the date of the first meeting of a committee in which a Chairman, Vice-Chairman or, as the case may be Managing Director (if he is elected) is elected. Explanation II. - Where any person holding the office of the Chairman, Vice-Chairman or Managing Director (if such Director is elected) of a Committee for a period exceeding three years but not exceeding six years at the commencement of the Gujarat Co-operative Societies (Amendment) Act, 2002 (Gujarat 13 of 2002) is again elected to that office after such commencement, he shall, for the purpose of this section, be deemed to have held office for one term before such election. ### 115F. Ensurance of certain things by committee. - A committee shall ensure that,- (a) information is furnished every month to the Registrar in such form as may be prescribed, regarding the loans taken from the bank by each committee member, members of the family and companies with which he is associated, in any manner; (b) the bank is registered as an insured bank under the Deposit Insurance and Credit Guarantee Corporation Act, 1961 (47 of 1961); (c) defects in the working of the bank are rectified and financial irregularities disclosed in the course of audit of the bank or otherwise are remedied; (d) action to recover loans given by the bank is taken within one year from the date when repayment of the same has become due; (e) no financial loss is caused to the bank and any debt due to the bank which is not recovered within a period of one year from the date when it has become due shall be recovered; (f) civil and criminal proceedings against a person who, in the opinion of the committee, has misappropriated any fund of the bank are initiated; (g) the provisions of Sections 18 and 24 of the Banking Regulation Act, 1949 (10 of 1949) as applicable to co-operative societies and of Section 71 are complied with and if in its opinion any of the said provisions is contravened, such contravention is forthwith reported to the Registrar. ### 115G. Urban Bank Credit Equalization Fund. (1) There shall be established by the Gujarat State Co-operative Bank Limited (hereinafter in this section referred to as "the State Co-operative Bank") a fund called "Urban Bank Credit Equalization Fund" consisting of payments made into it under sub-section (2). (2) After providing for the reserve fund as provided in Section 67, for the dividend as provided in Section 68, for the educational fund as provided in Section 69 and for contribution for the public purpose as provided in Section 70, the bank shall each year set-aside a sum of fifteen per cent. Of its profits and pay the same to the State Cooperative Bank for the purpose of crediting it into the Urban Bank Credit Equalization Fund. (3) The Urban Bank Credit Equalization Fund shall be maintained and utilized by the State Co-operative Bank in such manner as may be prescribed. ### 115H. Offences and their punishment and cognizance. (1) (a) It shall be an offence if a committee fails to comply with the provisions of any of the clauses (a) to (g) of Section 115-F. (b) It shall be an offence if a committee fails to ensure that information under clause (a) of Section 115-F. (c) It shall be an offence if a committee fails to ensure that a report under clause (g) of Section 115-F is true. (2) Where an offence under this section has been committed by a committee of a bank, very person who, at the time the offence was committed, was a member of such committee, 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 as provided in this section if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. (3) Every committee member who is deemed to be guilty of an offence under subsection (1), read with sub-section (2) shall, on conviction, be punished,- (a) If it is an offence under clause (a) of sub-section (1) for failure to comply with the provisions of- (i) clause (a) of Section 115-F with fine which may extend to twenty thousand rupees; (ii) clause (b) of Section 115-F with imprisonment for a term which may extend to six months or with fine which may extend to one lakh rupees or with both; (iii) clause (c) of Section 115-F with imprisonment for a term which may extend to one year or with fine which may extend to one lakh rupees or with both; (iv) clause (d) of Section 115-F with imprisonment for a term which may extend to six months or with fine which may extend to one lakh rupees or with both; (v) clause (e) of Section 115-F with imprisonment for a term which may extend to one year or with fine which may extend to one lakh rupees or with both; (vi) clause (f) Section 115-F with imprisonment for a term which may extend of two years or with fine which may extend to two lakh rupees or with both; (vii) clause (g) of Section 115-F with imprisonment for a term which may extend to one year or with fine which may extend to one lakh rupees or with both. (b) If it is an offence under clause (b) of sub-section (1), with imprisonment for a term which may extend to two years or with fine which may extend to two lakh rupees or with both. (c) If it is an offence under clause (c) of Section (1), with imprisonment for a term which may extend to two years or with fine which may extend to two lakh rupees or with both. (4) Whoever after having been convicted of an offence under clause (a) of sub-section (1) for failure to comply with the provisions of clause (a) of Section 115-F is again convicted thereunder shall, on every such conviction, be punished with fine which may extend to fifty thousand rupees. (5) Whoever, after having been convicted of an offence under clause (a) of sub-section (1) for failure to comply with the provisions of clause (c) of Section 115-F continues to commit such offence shall be punished for each day after the first, during which he continues so to offend, with fine which may extend to one thousand rupees. (6) No Court inferior to that of the Metropolitan Magistrate or the Magistrate of the First Class shall try any offence under this section. (7) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) it shall be lawful for the Metropolitan Magistrate or the Magistrate of the First Class to pass a sentence of imprisonment or a fine on any person in excess of his powers under Section 29 of that Code. (8) No prosecution under this section shall be lodged except with the previous sanction of the Registrar. ### 115I. Application of the provisions of Section 84 to specified bank. - The provisions of Section 84 shall apply to a specified bank as if in sub-section (1) of that section, for the words "at least once in each year", the words "at least once in each quarter of a year" had been substituted. Explanation. - For the purpose of this section, the expression, "specified bank" means,- (i) a bank having deposits of not less than fifty crores rupee; (ii) a bank which is a Scheduled Bank within the meaning of clause (e) of Section 2 of the Reserve Bank of India Act, 1934 (2 of 1934). ### 115J. Chapter to override other provisions of Act. - The provisions of this Chapter shall have effect notwithstanding anything to the contrary contained in the other provisions of this Act or the rules made thereunder or the bye-laws of the bank. ### 115K. Savings. - Notwithstanding in sub-section (2) of Section 115-C shall apply to a person who is a committee member on the date of the commencement of the Gujarat Co-operative Societies (Amendment) Act, 2002 (Gujarat 13 of 2002). ### 115L. Transitory provision. - Nothing anything contained in this Act or the rules made thereunder or the bye-laws of the bank, a person who at the commencement of the Gujarat Co- operative Societies (Amendment) Act, 2002 (Gujarat 13 of 2002) is holding the office of the Chairman, Vice-Chairman or Managing Director (if such Director is elected) of a committee continuously for a period not less than six years shall, unless he resigns or in removed earlier, cease to hold that office either on the date when the new Chairman, Vice-Chairman or, as the case may be, Managing Director is elected or on the 30th June, 2002, whichever is earlier.] Chapter XI [Land Development Banks] [Substituted for the words 'Land Mortgage Banks' by Gujarat 24 of 1964] ------------------------------------------------------------------------------------------------------------------- ### 116. Application of chapter to certain [Land Development Banks] [Substituted for the words 'Land Mortgage Banks' by Gujarat 24 of 1964] . - This chapter shall apply to [Land Development Banks] [Substituted for the words 'Land Mortgage Banks' by Gujarat 24 of 1964] advancing loans, other than short term loans, for the purposes herein enumerated that is to any- (i) [ improvement and development of agriculture and productive purposes;] [Substituted by Gujarat 23 of 1982] (ii) the erection, rebuilding or repairing of houses for agricultural purposes; (iii) the purchase or acquisition of title to agricultural lands by tenant purchasers or tenants under the Bombay Tenancy and Agricultural Land Act, 1948 (Bombay LXVII of 1948), or any corresponding law for the time being in force in any part of the State;[\*\*\*] [Word `or' deleted by Gujarat 23 of 1982] (iv) the liquidation of debt under the Bombay Agricultural Debtors Relief Act, 1947 (Bombay XXVIII of 1947), or any corresponding law for the time being in force in any part of the State; (v) [ the purchase of agricultural lands by agriculturists whose agricultural lands have been acquired for any public purpose under the Land Acquisition Act, 1894 or any other law for the time being in force; [Clauses (v) , (vi) and (vii) Inserted by Gujarat 23 of 1982] (vi) promoting the development of animal husbandry, dairy farming, poultry farming, pisciculture or fishery; or (vii) purchase of shares in a co-operative society engaged in the manufacture of sugar.] Explanation 1 - For the purposes of this section a short term loan means a loan for a duration of less than 18 months. Explanation 2. - [Productive purposes] [Substituted for 'Land improvement and productive purposes' by Gujarat 23 of 1982] means any work, construction or activity which adds to the productivity of the land and, in particular, includes the following, that is to say- (a) construction and repair of wells (including tube wells), tanks, and other works for the storage, supply or distribution of water for the purpose of agriculture, or for the use of men and cattle employed in agriculture; (b) renewal or reconstruction of any of the foregoing works, or alterations therein, or additions thereto; (c) preparation of land for irrigation; (d) drainage, reclamation from rivers or other waters, or protection from floods or from erosion or other damage by water, of land used for agricultural purposes, or waste land which is cultivable; (e) bunding and similar improvements; (f) reclamation, clearance and enclosure or permanent improvement of land for agricultural purposes; (g) horticulture; (h) purchase of oil-engines, pumping sets and electrical motors for any of the purposes mentioned herein; (i) purchase of tractors or other agricultural machinery; (j) increase of the productive capacity of land by addition to it of any special variety of soil; (k) construction of a permanent farm-house, cattle-sheds, and sheds for processing of agricultural produce at any stage; (l) purchase of machinery for crushing sugarcane, manufacturing gur or khandsari or sugar; (m) purchase of land for consolidation of holdings under the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947 (Bombay LXII of 1947); (n) such other purposes as the State Government may, from time to time, by notification in the Official Gazette, declare to be [productive purposes] [These words were substituted for the words 'Land improvement or productive purposes' by Gujarat 23 of 1982] for the purpose of this Chapter. ### 117. Definition. - In this Chapter unless the context otherwise requires,- (1) ["Land Development Bank"] [These words were substituted for the words 'Land Mortgage Bank' by Gujarat 24 of 1964] means a Co-operative Bank registered or deemed to be registered under this Act, and to which this Chapter applies; (2) ["Primary Land Development Bank"] [These words were substituted for the words 'Land Mortgage Bank' by Gujarat 24 of 1964] means a [Land Development Bank] [These words were substituted for the words 'Land Mortgage Bank' by Gujarat 24 of 1964] recognized as [Primary Land Development Bank] [These words were substituted for the words 'Land Mortgage Bank' by Gujarat 24 of 1964] by the Registrar. (3) ["State Land Development Bank"] [These words were substituted for the words 'State Land Mortgage Bank' by Gujarat 24 of 1964] means a [Land Development Bank] [These words were substituted for the words 'Land Mortgage Bank' by Gujarat 24 of 1964] for the whole of the State of Gujarat and recognised as such by the Registrar. ### 118. Appointment, powers and functions of Trustee. (1) The Registrar or where the State Government appoints any other person in this behalf, such person, shall be the Trustee for the purpose of securing the fulfilment of the obligations of the [State Land Development Bank] [These words were substituted for the words 'State Land Mortgage Bank' by Gujarat 24 of 1964] to the holder of debentures issued by the [State Land Development Bank] [These words were substituted for the words 'State Land Mortgage Bank' by Gujarat 24 of 1964] . (2) The Trustee shall be a corporation sole, by the name of the Trustee for the debentures in respect of which he is appointed and, as such, shall have perpetual succession and a common seal, and in his corporate name may sue and be sued. (3) The powers and functions of the Trustee shall be governed by the provisions of this Act, and the instrument of trust executed between the [State Land Development Bank] [These words were substituted for the words 'State Land Mortgage Bank' by Gujarat 24 of 1964] and the Trustee, as modified from time to time by mutual agreement between the [State Land Development Bank] [These words were substituted for the words 'State Land Mortgage Bank' by Gujarat 24 of 1964] and the Trustee. ### 119. Issue of debentures. (1) With the previous sanction of the State Government and the Trustee, and subject to the rules, the [State Land Development Bank] [These words were substituted for the words 'State Land Mortgage Bank' by Gujarat 24 of 1964] in the discharge of its functions issue debenture of such denominations, for such period, and at such rates of interest, as it may deem expedient on the security of the mortgages, or mortgages to be acquired or partly on mortgages held and partly on those to be acquired and properties and other assets of its land mortgage business. (2) Every debenture may contain a term fixing a period not exceeding thirty years from the date of issue during which it shall be redeemable, or reserving to the committee the right to redeem at any time in advance of the date fixed for redemption after giving to the holder of the debenture not less than three months' notice in writing. (3) The total amount due on debentures issued by the [State Land Development Bank] [These words were substituted for the words 'State Land Mortgage Bank' by Gujarat 24 of 1964] , and outstanding at any time, shall not exceed- (a) where debentures are issued against mortgages held, the aggregate of- (i) the amounts due on the mortgages; (ii) the value of the properties and other assets transferred or deemed to have been transferred under Section 124 by the [Primary Land Development Bank] [These words were substituted for the words 'Primary Land Mortgage Bank' by Gujarat 24 of 1964] to the [State Land Development Bank] [These words were substituted for the words 'State Land Mortgage Bank' by Gujarat 24 of 1964] and subsisting at such time; and (iii) the amounts paid under the mortgages aforesaid and the unsecured amounts remaining in the hand of the [State Land Development Bank] [These words were substituted for the words 'State Land Mortgage Bank' by Gujarat 24 of 1964] or the Trustee at the time; (b) where debentures are issued otherwise than on mortgages held, the total amount as calculated under clause (a) increased by such portion of the amount obtained on the debentures as is not covered by a mortgage. ### 120. Guarantee by State Government. - The principal of, and interest on, the debentures issued under Section 119 shall, to such maximum amount as may be fixed by the State Government and subject to such conditions as the State Government may think fit to impose, carry the guarantee of the State Government. ### 121. Vesting of property in trustee and debenture holders charge on assets. - Upon the issue of debentures under the provisions of Section 119, the mortgaged properties and other assets referred to in sub-section (3) of Section 119 held by the [State Land Development Bank] [These words were substituted for the words 'State Land Mortgage Bank' by Gujarat 24 of 1964] shall vest in the Trustee; and the holders of debentures shall have a floating charge on all such mortgages and assets, and on the amount, paid under such mortgages and remaining in the hands of the [State Land Development Bank] [These words were substituted for the words 'State Land Mortgage Bank' by Gujarat 24 of 1964] or of the Trustee. ### 122. Priority of mortgage. (1) A mortgage executed in favour of a Land Development Bank shall have priority over any claim of the Government arising from a loan granted after the execution of the mortgage under the Land Improvement Loans Act, 1883 (XIX of 1883), or the Agriculturists' Loans Act, 1884 (XII of 1884) or any other law for the time being in force. (2) Notwithstanding anything contained in the Bombay Tenancy and Agricultural Lands Act, 1948 (Bombay XLVII of 1948), or any other corresponding law for the time being in force, where a mortgage in favour of a [Land Development Bank] [Substituted for the words 'Land Mortgage Bank' by Gujarat 24 of 1964] is in respect of land in which a tenant has an interest, the mortgage may be against the security of such interest, and the rights of the mortgagee shall not be affected by the failure of the tenant to comply with the requirement of such law, and the sale of the land and tenant's interest therein under such law shall be subject to the prior charge of the [Land Development Bank] [Substituted for the words 'Land Mortgage Bank' by Gujarat 24 of 1964] . ### 123. Order granting loans conclusive of certain matters. - A written order by the [Land Development Bank] [Substituted for the words 'Land Mortgage Bank' by Gujarat 24 of 1964] , or persons or committees authorised under the bye-laws of the Bank to make loans for all or any of the purposes specified in Section 116 granting either before or after the commencement of this Act, a loan to or with the consent of a person mentioned therein, for the purpose of carrying out the work specified therein, for the benefit of the land or for the productive purpose specified therein, shall for the purposes of this Act be conclusive of the following matters that is to say,- (a) that the work described or the purpose for which the loan is granted, is an improvement or productive purpose, as the case may be, within the meaning of Section 116; (b) that the person had at the date of the order a right to make such an improvement, or incur expenditure for productive purpose, as the case may be; and (c) that the improvement is one benefiting the land specified and the productive purpose concerns the land offered in security, or any part thereof as may be relevant. ### 124. Mortgages executed in favour of [Primary Land Development Banks] [These words were substituted for the words 'Primary Land Mortgage Bank' by Gujarat 24 of 1964] to stand vested in [State Land Development Banks] [These words were substituted for the words 'State Land Mortgage Bank' by Gujarat 24 of 1964] . - The mortgages executed in favour of, and all other assets transferred to a [Primary Land Development Bank] [These words were substituted for the words 'Primary Land Mortgage Bank' by Gujarat 24 of 1964] by the members thereof shall, with effect from the date of such execution or transfer, be deemed to have been transferred by it to the [State Land Development Bank] [These words were substituted for the words 'State Land Mortgage Bank' by Gujarat 24 of 1964] and shall vest in the [State Land Development Bank] [These words were substituted for the words 'State Land Mortgage Bank' by Gujarat 24 of 1964] . ### 125. Registration of mortgage in favour of [Land Development Banks] [Substituted for the words 'Land Mortgage Bank' by Gujarat 24 of 1964] . - Notwithstanding anything contained in the Indian Registration Act, 1908 (XVI of 1908) it shall not be necessary to register mortgages executed in favour of the [Land Development Banks] [Substituted for the words 'Land Mortgage Bank' by Gujarat 24 of 1964] , provided that the [\*\*\*\*] [Substituted for the words 'Land Mortgage Bank' by Gujarat 24 of 1964] [Land Development Bank] [Substituted for the words 'Land Mortgage Bank' by Gujarat 24 of 1964] concerned sends within such time and in such manner as may be prescribed, a copy of the instrument whereby immovable property is mortgaged for the purpose of securing repayment of the loan to the Registering Officer within the local limits of whose jurisdiction the whole or any part of the property mortgaged is situate. Such Registering Officer shall file a copy or copies as the case may be in his Book No. 1 prescribed under Section 51 of the Indian Registration Act, 1908 (XVI of 1908). ### 126. Mortgages not to be questioned on insolvency of Mortgagors. - Notwithstanding anything contained in the Presidency-Towns Insolvency Act, 1909 (III of 1909) or the Provincial Insolvency Act, 1920 (V of 1920) or any corresponding law for the time being in force, a mortgage, executed in favour of a [Land Development Bank] [Substituted for the words 'Land Mortgage Bank' by Gujarat 24 of 1964] shall not be called in question on the ground that it was not executed in good faith for valuable consideration, or on the ground that it was executed in order to give the bank a preference over other creditors of the mortgagor. ### 127. Right of [Land Development Bank] [Substituted for the words 'Land Mortgage Bank' by Gujarat 24 of 1964] to pay prior debts of mortgagor. (1) Where a mortgage is executed in favour of a [Land Development Bank] [Substituted for the words 'Land Mortgage Bank' by Gujarat 24 of 1964] for payment of prior debts of the mortgagor, the [Land Development Bank] [Substituted for the words 'Land Mortgage Bank' by Gujarat 24 of 1964] shall, notwithstanding anything contained in Transfer of Property Act, 1882 (IV of 1882), by notice in writing, require any person to whom any such debt is due, to receive payment of such debt or part thereof from the bank as its registered office, within such period as may be specified in the notice. (2) Where any such person fails to accept such notice or, to receive such payments, such debts or part thereof, as the case may be, shall cease to carry interest from the expiry of the period specified in the notice : Provided that, where there is a dispute as regards the amount of any such debt, the person to whom such debt is due shall be bound to receive payment of the amount offered by the [Land Development Bank] [Substituted for the words 'Land Mortgage Bank' by Gujarat 24 of 1964] towards the debt, but such receipt shall not prejudice the right, if any, of such person to recover the balance claimed by him. ### 128. Mortgages executed by manager's of joint Hindu Families. (1) Where mortgage (other than a mortgage to which sub-section (2) applies) executed in favour of a [Land Development Bank] [Substituted for the words 'Land Mortgage Bank' by Gujarat 24 of 1964] either before or after the commencement of this Act, is called in question on the ground that it was executed by the manager of a joint Hindu family for a purpose not binding on the members thereof whether such members have attained majority or not the burden of proving the same shall, notwithstanding any law to the contrary, lie on the party raising it. (2) A mortgage executed in favour of a [Land Development Bank] [Substituted for the words 'Land Mortgage Bank' by Gujarat 24 of 1964] or the [State Land Development Bank] [Substituted for the words 'State Land Mortgage Bank' by Gujarat 24 of 1964] by the manager of a joint Hindu family in respect of a loan advanced by such bank for the improvement of agricultural land or of the methods of cultivation, or for financing any other means to raise the productivity of the land, or for the purchase of land, shall be binding on every member of such joint Hindu family, notwithstanding any law to the contrary. ### 129. Restrictions on lease. (1) Notwithstanding anything contained in the Transfer of Property Act, 1882 (V of 1882), or any other law for the time being in force, no mortgage of property mortgaged to a [Land Development Bank] [Substituted for the words 'Land Mortgage Bank' by Gujarat 24 of 1964] , shall, except with the prior consent in writing of the bank and subject to such terms and conditions as the bank may impose, lease or create any tenancy rights on any such property : Provided that, the rights of the bank shall be enforceable against the lessee or the tenants, as the case may be, as if he himself was a mortgagor. (2) Where land mortgaged with possession to a [Land Development Bank] [Substituted for the words 'Land Mortgage Bank' by Gujarat 24 of 1964] , is in actual possession of a tenant, he mortgagor or the mortgagee bank shall give notice to the tenant to pay rent to the bank during the currency of the lease and the mortgage, and on such notice being given, the tenant shall be deemed to have attorned to the bank. ### 130. Section 8 of Act XXXII of 1956 to apply to mortgages to [Land Development Banks] [Substituted for the words 'Land Mortgage Bank' by Gujarat 24 of 1964] , subject to certain modifications. - Section 8 of the Hindu Minority and Guardianship Act, 1956 (XXXII of 1956), shall apply to mortgages in favour of a [Land Development Bank] [Substituted for the words 'Land Mortgage Bank' by Gujarat 24 of 1964] , subject to the modification that any reference to the Court therein shall be construed as reference to the Collector or his nominee, and the appeal against the order of the Collector or his nominee shall lie to the Commissioner. ### 131. Power of [Primary Land Development Bank] [These words were substituted for the words 'Primary Land Mortgage Bank' by Gujarat 24 of 1964] to receive money and give discharge. - Notwithstanding anything contained in Section 124, all moneys due under the mortgage shall, unless otherwise directed by the [State Land Development Bank] [Substituted for the words 'Land Mortgage Bank' by Gujarat 24 of 1964] , of the Trustee and communicated to the mortgagor, be payable by the mortgagor to the [Primary Land Development Bank] [These words were substituted for the words 'Primary Land Mortgage Bank' by Gujarat 24 of 1964] and such payment shall be valid as if the mortgage had not been so transferred under that section and the [Primary Land Development Bank] [These words were substituted for the words 'Primary Land Mortgage Bank' by Gujarat 24 of 1964] shall in the absence of any specific direction to the contrary issued by the [State Land Development Bank] [Substituted for the words 'State Land Mortgage Bank' by Gujarat 24 of 1964] or the Trustee and communicated to it be entitled to sue on the mortgage or take any other proceeding for the recovery of the moneys due under the mortgage. ### 132. Powers of [Land Development Bank] [Substituted for the words 'Land Mortgage Bank' by Gujarat 24 of 1964] where mortgage property is destroyed or security becomes insufficient. (1) Where any property mortgaged to a [Land Development Bank] [Substituted for the words 'Land Mortgage Bank' by Gujarat 24 of 1964] is wholly or partially destroyed, or the security is rendered insufficient for any other reason, and the mortgagor, having been given a reasonable opportunity by the bank of providing further security enough to render the whole security sufficient, or of repaying such portion of the loan as may be determined by the bank, has failed to provide such security or to repay such portion of the loan, the whole of the loan shall be deemed to fall due at once, and the bank shall be entitled to take action against the mortgagor under Section 133 or Section 134 for the recovery thereof. (2) A security shall be deemed insufficient within the meaning of this section, unless the value of the mortgaged property exceeds the amount for the time being due on the mortgage by such proportion as may be specified in the rules or the bye-laws of the [Land Development Bank] [Substituted for the words 'Land Mortgage Bank' by Gujarat 24 of 1964] . ### 133. Power to distrain. (1) If any instalment payable under a mortgage executed in favour of a [Land Development Bank] [Substituted for the words 'Land Mortgage Bank' by Gujarat 24 of 1964] , or any part of such instalment, has remained unpaid for more than one month from the date on which it fell due, the committee of such bank may, in addition to any other remedy available to the bank, apply to the Registrar for the recovery of such instalments or part thereof by distraint and sale of the produce of the mortgaged land, including the standing crops thereon. (2) On receipt of such application the Registrar may, notwithstanding anything contained in the Transfer of Property Act, 1882, take action in the manner prescribed for the purpose of distraining and selling such produce subject to the prior charge of the society : Provided that, no distraint shall be made after the expiry of twelve months from the date on which the instalment fell due. (3) The value of the property distrained shall as nearly as possible be equal to the amount due and the expenses of the distraint and the costs of the sale. ### 134. Sale of mortgaged property. (1) Notwithstanding anything contained in the Transfer of Property Act, 1882 (IV of 1882), the [Land Development Bank] [Substituted for the words 'Land Mortgage Bank' by Gujarat 24 of 1964] or any person possessing the prescribed qualifications and authourised by the bank in this behalf shall, in case of default in payment of the mortgage money or any part thereof have power, in addition to any other remedy available to the bank to bring the mortgaged property to sale by public auction in the village in which the mortgaged property is situated or at the nearest place of public resort, without the intervention of the Court. Such sale shall be effected in accordance with the prescribed procedure. (2) No power under sub-section (1) shall be exercised, unless and until- (a) notice in writing requiring payment of such mortgage money or part thereof has been served upon- (i) the mortgagor or each of the mortgagors, (ii) any person who has any interest in or charge upon the property mortgaged, or in or upon the right to redeem the same so far as is known to the bank, (iii) any surety for the payment of the mortgaged debt or any part thereof, and (iv) any creditor of the mortgage who has in a suit for administration of his estate obtained a decree or sale of the mortgaged property, and (b) no payment of such mortgaged money or part thereof, has been made till the expiry of three months after service of the notice. (3) If the [Primary Land Development Bank] [Substituted for the words 'Primary Land Mortgage Bank' by Gujarat 24 of 1964] fails to take action against the mortgagor under Section 132, Section 133 or under this section, the [State Land Development Bank] [Substituted for the words 'State Land Mortgage Bank' by Gujarat 24 of 1964] may direct it to take appropriate action and where no action is taken by the [Primary Land Development Bank] [Substituted for the words 'Primary Land Mortgage Bank' by Gujarat 24 of 1964] , the [State Land Development Bank] [Substituted for the words 'State Land Mortgage Bank' by Gujarat 24 of 1964] , may take such action and where the [State Land Development Bank] [Substituted for the words 'State Land Mortgage Bank' by Gujarat 24 of 1964] fails to take action, the 'trustee may direct it to take such action and where no action is taken thereupon by the [State Land Development Bank] [Substituted for the words 'State Land Mortgage Bank' by Gujarat 24 of 1964] , the Trustee may take such action. ### 135. Right of mortgage bank to buy mortgaged property. (1) Notwithstanding anything contained in any law for the time being in force, it shall be lawful for a [Land Development Bank] [Substituted for the words 'Land Mortgage Bank' by Gujarat 24 of 1964] to purchase any mortgaged property sold under this Chapter and the property so purchased may be disposed of by such bank by sale within such period as may be fixed by the Trustee subject to the condition that such sales shall be in favour only of agriculturists eligible to hold land under the Bombay Tenancy and Agricultural Lands Act, 1948 (Bombay LXVIII of 1948), or any corresponding law for the time being in force, or may be leased out by them on such terms and conditions as may be laid down by the State Government from time to time. (2) Nothing in any law for the time being in force fixing a maximum limit of agricultural holdings, shall apply to the acquisition of land by a [Land Development Bank] [Substituted for the words 'Land Mortgage Bank' by Gujarat 24 of 1964] under this section. ### 136. Confirmation of sale. (1) On effecting a sale under Section 134, the [Primary Land Development Bank] [Substituted for the words 'Primary Land Mortgage Bank' by Gujarat 24 of 1964] shall in the prescribed manner, submit to the [State Land Development Bank] [Substituted for the words 'State Land Mortgage Bank' by Gujarat 24 of 1964] and the Registrar a report setting forth the manner in which the sale has been effected and the result of the sale, and the [State Land Development Bank] [Substituted for the words 'State Land Mortgage Bank' by Gujarat 24 of 1964] may, with the approval of the Registrar, confirm the sale or cancel it. (2) There the sale is effected by the [State Land Development Bank] [Substituted for the words 'State Land Mortgage Bank' by Gujarat 24 of 1964] or the Trustee under Section 134, the [State Land Development Bank] [Substituted for the words 'State Land Mortgage Bank' by Gujarat 24 of 1964] or the Trustee, as the case may be, shall in the prescribed manner, submit to the Registrar a report setting forth the manner in which the sale has been effected and result of the sale, and the Registrar may confirm or cancel the sale : Provided that where the Registrar is the Trustee, he shall submit such report to the State Government and the State Government may confirm the sale or cancel it. ### 137. Disposal of sale proceeds. - The proceeds of every sale effected under Section 134 and confirmed under Section 136, shall be applied first in payment of all costs, charges and expenses incurred in connection with the sale or attempted sales, secondly in payment of the interest due on account of the mortgage in consequence whereof the mortgaged property was sold, and thirdly in payment of the principal due on account of the mortgage including costs and charges incidental to the recovery. If there remains any residue from the proceeds of sale, the same shall be paid to the person proving himself interested in the property sold, or if there are more such persons than one, then to such persons upon their joint receipt or according to their respective interest therein, as may be determined by the [Land Development Bank] [Substituted for the words 'Land Mortgage Bank' by Gujarat 24 of 1964] : Provided that, before any such payments are made- (a) the unsecured dues owned by the mortgagor to the [State Land Development Bank] [Substituted for the words 'State Land Mortgage Bank' by Gujarat 24 of 1964] or [Primary Land Development Bank] [Substituted for the words 'Primary Land Mortgage Bank' by Gujarat 24 of 1964] may be adjusted, and (b) the unsecured dues owned by any members or past member of either of the above mentioned banks to whom the mortgagor is indebted may also be adjusted under the written authority given by such member and past member, and after holding such inquiry as may be deemed necessary. ### 138. Certificate to purchases, delivery of property and title of purchaser. - Where a sale of mortgaged property has become absolute under Section 136 and the sale proceeds have been received in full by the [Land Development Bank] [Substituted for the words 'Land Mortgage Bank' by Gujarat 24 of 1964] , the bank shall grant a certificate to the purchaser, in the prescribed form certifying the property sold, the sale price, the date of its sale, the name of the person who at the time of the sale is declared to be the purchaser, and the date on which the sale became absolute; and upon the production of such certificate the Sub-Registrar appointed under the Indian Registration Act, 1908 (XVI of 1908) within the limits of whose jurisdiction the whole or any part of the property specified in such certificate is situated, shall enter the contents of such certificate in his register relating to immovable property. (2) (a) Where the mortgaged property sold is in the occupancy of the mortgagor, or of some person on his behalf, or some person claiming under a title created by the mortgagor, subsequent to the mortgage in favour of the [State Land Development Bank] [Substituted for the words 'State Land Mortgage Bank' by Gujarat 24 of 1964] or the [Land Development Bank] [Substituted for the words 'Land Mortgage Bank' by Gujarat 24 of 1964] , and a certificate in respect there of has been granted under sub-section (1) the Court shall, on the application of the purchaser, order delivery to be made by putting such purchaser or any person whom he may appoint to receive delivery on his behalf in possession of the property. (b) Where the property sold is in the occupancy of tenant or other person entitled to occupy the same, and a certificate in respect thereof has been granted under sub-section (1) the Court shall, on the application of the purchaser and after notice to such tenant or other person, order the delivery to be made by affixing copy of the certificate of sale in a conspicuous place on the property and proclaiming to the occupant by beat of drum or other customary mode at some convenient place that the right, title and interest of the mortgagor have been transferred to the purchaser. (3) Where any property is sold in the exercise or purported exercise of power of sale under Section 134, the title of the purchaser shall not be questioned on the ground that the circumstances required for authorising the sale had not arisen, or due notice of the sale was not given, or the power of sale was otherwise improperly or irregularly exercised. ### 139. Recovery of loans on certificate by Registrar. (1) Notwithstanding anything contained in Sections 96 and 103 on an application made by a [Land Development Bank] [Substituted for the words 'Land Mortgage Bank' by Gujarat 24 of 1964] for the recovery of arrears of any sum advanced by it to any of its members and on its furnishing a statement of accounts in respect of the arrears, the Registrar may, after making such enquires as he deemed fit, grant a certificate for the recovery of the amount stated therein to be due as arrears. (2) A certificate by the Registrar under sub-section (1) shall be final and conclusive as to the arrears due. The arrears stated to be due therein shall be recoverable according to the law for the time being in force for the recovery of arrears of land revenue. (3) It shall be lawful for the Collector to take precautionary measures authorised by Sections 140 to 144 of the Land Revenue Code, until the arrears due to the [Land Development Bank] [Substituted for the words 'Land Mortgage Bank' by Gujarat 24 of 1964] together with interest and any incidental charges incurred in the recovery of such arrears, are paid or security for such arrears is furnished to the satisfaction of the Registrar. (4) It shall be competent for the Registrar or a person authorised by him to direct conditional attachment of the property of the mortgagor until the arrears due to the [Land Development Bank] [Substituted for the words 'Land Mortgage Bank' by Gujarat 24 of 1964] together with interest and any incidental charges incurred in the recovery of such arrears, are paid or security for payment of such arrears is furnished to the satisfaction of the Registrar and the provisions of Section 100 shall apply mutatis mutandis to conditional attachment of any property made or to be made under this section. ### 140. Collector to make recoveries during certain period. (1) During such period as the State Government may be general or special order notify in the Official Gazette, it shall be competent for the Collector, on application being made to him in that behalf by a [Land Development Bank] [Substituted for the words 'Land Mortgage Bank' by Gujarat 24 of 1964] , to recover all sums due to the [Land Development Bank] [Substituted for the words 'Land Mortgage Bank' by Gujarat 24 of 1964] (including the cost of such recovery). (2) Any amount due to a [Land Development Bank] [Substituted for the words 'Land Mortgage Bank' by Gujarat 24 of 1964] shall be recoverable by the Collector, or any officer specially authorised by the Collector, in this behalf, in all or any of the following modes, namely :- (a) from the borrower as if they were arrears of land revenue due by him; (b) out of the land for the benefit of which the loans has been granted as if they were arrears of land revenue due in respect of that land; (c) from a surety (if any) as if they were arrears of land revenue due by him; (d) out of the property comprised in the collateral security (if any according to the procedure for the realisation of land revenue by the sale of immovable property other than the land on which the revenue is due. ### 141. Provision or guarantee funds to meet certain losses. (1) It shall be competent for the State Government to constitute one or more Guarantee Funds on such terms and conditions as it may deem fit, for the purpose of meeting losses that might arise as a result of loans being made by the [Land Development Banks] [Substituted for the words 'Land Mortgage Bank' by Gujarat 24 of 1964] on titles to immovable property subsequently found to be defective or for any other purpose under this Chapter, for which in the opinion of the State Government, it is necessary to provide for or create a separate Guarantee fund. (2) The [Stale Land Development Bank] [Substituted for the words 'State Land Mortgage Bank' by Gujarat 24 of 1964] and the [Primary Land Development Bank] [Substituted for the words 'Primary Land Mortgage Bank' by Gujarat 24 of 1964] shall contribute to such funds at such rate as may be prescribed, and the constitution, maintenance and utilisation of such funds shall be governed by such rules, as may be made by the State Government in this behalf. ### 142. Agreements executed by members for loans advanced by [Land Development Banks] [Substituted for the words 'Land Mortgage Bank' by Gujarat 24 of 1964] to be conclusive evidence. - Notwithstanding anything contained in this Chapter, where a loan is given by the [Land Development Bank] [Substituted for the words 'Land Mortgage Bank' by Gujarat 24 of 1964] to a Co-operative Society for undertaking any work or development of agriculture on condition that, the members of such society are jointly and severally liable to the Bank for the payment of the whole amount and an agreement to that effect is entered with and signed by each of such members in the presence of an officer authorised in that behalf by the Registrar that agreement shall be conclusive evidence of the portion of that amount which each of the members is bound to contribute and against which he had mortgaged his lands or a portion of the lands by executing a separate mortgage deed with the Bank. ### 143. Exemption of officer of [Land Development Bank] [Substituted for the words 'Land Mortgage Bank' by Gujarat 24 of 1964] from personal appearance before registering officers. (1) Notwithstanding anything contained in the Indian Registration Act, 1908 (XVI of 1908), it shall not be necessary for any officer of a [Land Development Bank] [Substituted for the words 'Land Mortgage Bank' by Gujarat 24 of 1964] to appear in person or by agent at any registration office in any proceedings connected with the registration of any instrument executed by him in his official capacity, or to sign as provided in Section 58 of that Act. (2) Where any instrument is so executed, the Registering Officer to whom such instrument is presented for registration may, if he thinks fit, refer to such officer for information respecting the same land, on being satisfied of the execution thereof, shall register the instrument. ### 143A. [ Transfer of rights and liabilities of Government in respect of schemes sanctioned under Bombay XXVIII of 1942. [Inserted by Gujarat 21 of 1969] (1) Where any works, included in a land improvement scheme which has come into force under the Bombay Land Improvement Schemes Act, 1942 (XXVIII of 1942) are carried out at the cost or part cost of the State Government, and such cost or part of cost is to be recovered from the owners of the lands (other than Government) included in the scheme as shown in the statement prepared under Section 13 or in the interim or final statement prepared under Section 13-A of that Act, then, notwithstanding anything contained in this Act, all the rights and liabilities of the State Government for the recovery of the cost or part cost from the owners of land shall stand transferred to the State Land Development Bank, in relation to such owners of land, and subject to such terms and conditions (including any condition regarding giving of any guarantee by the State Government) as may be agreed upon between the State Government and such Land Development Bank; and for arriving at such agreement, every owner of land shall produce before the Bank all such documents, and other evidence relating to his land included in such scheme as the Bank may require. (2) On such transfer of rights and liabilities of the State Government, the State Land Development Bank shall pay to the State Government an amount equal to the extent of the liability accepted by it under such agreement, and the State Government shall inform the owners of land concerned of such transfer; and thereupon, the provisions of this Act and rules made thereunder in so far as they provide for the advancing of loans (including provision for mortgaging of property) and recovery thereof shall apply in relation to the amount of cost to be recovered from each owner of land as they apply in relation to the advancing of loans and recovery thereof (including interest) as if such owner was a member of the State Land Development Bank. The transfer of the rights and liabilities and payment made in accordance therewith shall discharge the owners of lands of their liability to make payment to the State Government under the Bombay Land Improvement Schemes Act, 1942 (Bombay XXVIII of 1942) but to the extent only of their respective liability accepted by the State Land Development Bank] [Substituted by Gujarat 22 of 1982] , ### 144. Service of notice. - The provisions of Sections 102 and 103 of the Transfer of Property Act, 1882 (IV of 1882), and of any rules made under Section 104 thereof, shall apply, so far as may be, in respect of all notices to be served under this Chapter. ### 145. Officers of banks not to bid at sales. - At any sale of movable or immovable property, held under the provisions of this chapter no officer or employee of a [land development bank] [Substituted for the words 'land mortgage bank' by Gujarat 24 of 1964] except on behalf of the bank of which he is an officer or an employee, and no person having any duty to perform in connection with such sale, shall either directly or indirectly bid for or acquire or attempt to acquire any interest in such property. [Chapter XI] [Inserted by Gujarat 6 of 1981] Elections ofs Committees and Officers of Certain Societies ### 145A. Application. - All sections of this Chapter except section [145-Z] [Substituted for the figures and letter '145-y' by Gujarat 23 of 1982] shall apply to elections to committees of societies belonging to the categories specified in Section 74-C. ### 145B. Definitions. - In this Chapter, unless the context otherwise requires,- (a) "Collector" means the Collector having jurisdiction over area in which the registered office of the society concerned is situated and includes the Additional Collector, and also any officer not below the rank of Deputy Collector appointed by the State Government to exercise the powers and perform the duties of the Collector under this Chapter; (b) "election" means election of a member or members of the committee of a specified society; (c) "specified society" means a society belonging to any of the categories specified in Section 74-C. ### 145C. Time when election to be held. - Every election shall be held as far as possible one month before the date on which the term of office of the members is due to expire. ### 145D. Conduct of elections. (1) Save as otherwise provided, every election shall be held on such date or dates as the Collector may fix, and shall be conducted under his control by such Returning Officer and other Officers, as may be appointed by the Collector in this behalf. (2) In all cases, where a society has to send a nominee as a member of the committee of the specified society, the election of such nominee shall be conducted under the control of the Collector of the District in which the registered office of the society sending the nominee is situated. (3) The voting at every election shall be by secret ballot. (4) No election shall be held in the case where under the bye-laws of a specified society the Government nominee or the nominee of a Financing Agency becomes a member of the committee of the society. ### 145E. Cost of conducting elections. (1) The expenses of the holding of any election, including the payment of travelling allowances, daily allowances and other remuneration, if any, to the persons appointed to exercise the powers and perform the duties in respect of the election, shall be borne by the specified society concerned. (2) (a) The Collector may, by written requisition, call upon a specified society to deposit with him such amount as he considers necessary to meet with the expenditure likely to be incurred for the conduct of the election. (b) Within eight days from the receipt of such requisition from the, Collector, the society shall deposit the specified amount with Collector. (3) (a) The Collector shall maintain an account of expenses incurred in connection with the election. (b) Within six months from the declaration of results of the election, the Collector shall render the accounts to the society concerned and- (i) Where the expenditure is less than the amount of deposit he shall refund to the society the balance of the amount remaining with him; and (ii) where the expenditure exceeds, the amount of deposits, he shall by, written requisition call upon the society to pay the amount of excess expenditure specified by him in such requisition, within eight days from the receipt of such requisition and the society shall comply with such requisition. (4) Where a specified society fails to deposit the amount or to pay the amount of excess expenditure, the Collector may recover from the society such sum together with interest thereon at the rate of 12 per cent, per annum, as arrears of land revenue. ### 145F. Disqualification for membership. (1) A person shall be disqualified for being elected, as, and for being a member of the committee of any specified society- (a) if he is a salaried employee of any society (other than a society of employees themselves) or holds any office of profit under any society, except when he holds or is appointed to the office of a Managing Director or any other office under the society declared by the State Government by general or special order not to disqualify its holder; (b) if he has been convicted of an offence punishable under Section 153-A or Section 171-E or Section 171-F or sub-section (2) or sub-section (3) of Section 505 of the Indian Penal Code, 1860 (XLV of 1860), or under Section 145-R or clause (a) of sub- section (2) of Section 145-S of this Act, unless a period of six years has elapsed since the date of his conviction; (c) if he has been convicted by a Court in India for any offence and sentenced to imprisonment for not less than two years, unless a period of five years has elapsed since his release; (d) if he is found guilty of a corrupt practice under this Chapter by the State Government unless a period of six years has elapsed since the date on which the decision of the State Government takes effect; (e) if he is also disqualified by or under any other provision of this Act. [(1-A) (i) (a) No member of a society in the Central Co-operative Bank and the State Co-operative Bank shall be eligible to be elected as a member in the committee if he is in default for a period of twelve months in payment of dues to the society; (b) no person elected as a member of a society in the Central Co-operative Bank and the State Co-operative Bank shall be continued as a member if he is in default for a period exceeding twelve months in payment of dues to the society unless the amount in default with due interest is paid to the society; (c) no member of a Primary Agricultural Credit Co- operative Society shall be eligible to be elected as a member in the committee of the State Co-operative Bank or a Central Co-operative Bank if the society is in default in payment of dues to the co-operative bank unless the default with due interest is paid to the co-operative bank; (d) no member of a non-credit society who is a member in the committee of a Central Co-operative Bank or the State Co- operative Bank shall be continued as such member if the society commits default for a period exceeding 90 days in payment of dues to the bank. (ii) The above provisions shall be in addition to and not in derogation of any other provisions for disqualification contained in this Act.] (2) Any salaried employee of a society who was as member of the committee of a specified society immediately before the commencement of the Gujarat Co-operative Societies (Amendment) Act, 1981 (6 of 1981), shall not be disqualified, and he deemed never to have been disqualified, under clause (a) of sub-section (1), if he was at that time holding any office saved from disqualification under the said clause (a) and shall continue to be such member for such period or subject to such term and conditions for which or on which he would have otherwise continued as such manner, and anything done or any action taken by such person shall be deemed to be duty done or any action taken by such person shall be deemed to be duly done or taken and the committee shall be deemed to be properly constituted, and such thing done or action taken shall not be called in question in any Court or authority on the ground only that the committee was not properly constituted or that the person was disqualified to continue as a member. (3) Notwithstanding anything contained in clause (b) or (c) of sub-section (1), disqualification under either clause shall not, in the case of a person who on the date of the conviction is a member of any specified society, take effect until three months have elapsed from that date or in within that period as appeal or application for revision is brought in respect of the conviction or the sentence until that appeal or application is disposed of by the Court. [145G [Deleted by Gujarat 23 of 1982] ] [Inserted by Gujarat 1 of 2008, Sec. 26 (w.e.f. 8.10.2007).] . [\* \* \*] [145H [Deleted by Gujarat 23 of 1982] ]. [\* \* \*] ### 145I. Removal or reduction of period of disqualification. - The State Government may, for reasons to be recorded, remove any disqualification under this chapter are reduced the period of any such disqualification. ### 145J. Corrupt practices. - The following shall be deemed to be corrupt practices for the purposes of this Chapter :- (1) "Bribery" that is to say- (A) Any gift, offer or promise by a candidate or his agent or by any other person with the consent of a candidate or his election agent of any gratification, to any person whomsoever, with the object, directly or indirectly of inducing- (a) a person to stand or not to stand as, or to withdraw or not to withdraw from being a candidate at an election, or (b) an elector to vote or refrain from voting at an election, or as a reward to- (i) a person for having so stood or not stood, or for having withdrawn or not having withdrawn his candidature; or (ii) an election for having voted or refrained from voting; (B) the receipt of, or agreement to receive, any gratification, whether as a motive or a reward- (a) by a person for standing or not standing as, or for withdrawing or not withdrawing from being a candidate; or (b) by any person whomsoever for himself or any other person for voting or refraining from voting, or inducing or attempting to induce any elector to vote or refrain from voting, or any candidate to withdraw nor not to withdraw his candidature. Explanation. - For the purposes of this clause, the term "gratification' is not restricted to pecuniary gratifications or gratifications estimable in money and it includes all forms of entertainment and all forms of employment for reward, but it does not include the payment of any expenses bona fide incurred at, or for the purpose of, any election and duly entered in the account of election expenses referred to in Section 145-G. (2) Undue influence, that is to say, any direct or indirect interference or attempt to interfere on the part of the candidate or his agent, or of any other person with the consent to the candidate or his election agent with the free exercise of any electoral right : Provided that- (a) without prejudice to the generality of the provisions of this clause, any such person as is referred to therein who- (i) threatens any candidate or any elector or any person in whom a candidate or an elector is interested, with injury of any kind including social ostracism and ex-communication or expulsion from any caste or community; or (ii) induces or attempts to induce a candidate or an elector to believe that he, or any person in whom he is interested, will become or will be rendered an object of divine displeasure or spiritual censure, shall be deemed to interfere with the free exercise of the electoral right of such candidate or elector within the meaning of this clause; (b) a declaration of public policy or a promise of public action, or the mere exercise of a legal right without intent to interfere with an electoral right, shall not be deemed to be interference within the meaning of this clause. (3) The hiring or procuring whether or payment or otherwise of any vehicle or vessel by a candidate or his agent or by any other person with the consent of a candidate or his election agent, or the use of such vehicle or vessel for the free conveyance of any elector (other than the candidate himself, the members of his family or his agent) to or from any polling station : Provided that the hiring of a vehicle or vessel by an elector or by several electors at their joint costs for the purpose of conveying him or them to and from any polling station shall not be deemed to be a corrupt practice under this clause : Provided further that the use of any public transport vehicle or vessel or railway carriage by any elector at his own cost for the purpose of going to or coming from any polling station shall not be deemed to be a corrupt practice. Explanation. - In this clause and in the next succeeding clause, the expression "vehicle" means any vehicle used or capable of being used for the purpose of road transport, whether propelled by mechanical power or otherwise and whether used for drawing other vehicles or otherwise. (4) The use of vehicles belonging to a specified society for the purpose of any election. (5) [ [\* \* \*] [Deleted by Gujarat 23 of 1982] (6) Making special advances of loans or otherwise favouring any elector or group of electors between the date of declaration of programme for an election and the date of declaration of the result thereof. ### 145K. Maintenance of secrecy of voting. (1) Every Officer, clerk, agent or other person who performs any duty in connection with the recording or counting of votes at an election shall maintain, and aid in maintaining the secrecy of the voting and shall not (except for some purpose authorised by or under any law) communicate to any person any information calculated to violate such secrecy. (2) Any person who contravenes the provisions of sub- section (1) shall, on conviction, be punished with imprisonment for a term which may extend to three months, or with fine, or with both. ### 145L. Officers etc. at election not to act for candidates or to influence voting. (1) No person who is a Returning Officer or an Assistant Returning Officer or a Presiding or Polling Officer at an election or an officer or clerk, appointed by the Returning Officer or the Presiding Officer to perform any duty in connection with an election shall in the conduct or the management of the election do any act (other than the giving of vote) for the further ness of the prospects of the election of a candidate. (2) No such person as aforesaid and no number of a Police Force, shall endeavour- (a) to persuade any person to give his vote at an election, or (b) to dissuade any person from giving his vote at an election, or (c) to influence the voting of any person at an election in any manner. (3) Any person who contravenes the provisions of sub- section (1) or sub-section (2) shall, on conviction, be punished with imprisonment which may extend to six months or with fine, or with both. (4) An offence punishable under sub-section (3) shall be cognizable. ### 145M. Prohibition of canvassing in or near polling station. (1) No person shall, on the date or dates on which a poll is taken at any polling station, commit any of the following acts within the polling station or in any public or private place within a distance of one hundred meters of the polling station, namely :- (a) canvassing for votes; or (b) soliciting the vote of any election; or (c) persuading any elector not to vote for any particular candidate; or (d) persuading any elector not to vote at the election; or (e) exhibiting any notice or sign (other than an official notice) relating to the election. (2) Any person who contravenes the provisions of sub- section (1) shall, on conviction, be punished with fine which may extend to two hundred and fifty rupees. (3) An offence punishable under sub-section (2) shall be cognizable. ### 145N. Penalty for disorderly conduct in or near polling station. (1) No person shall on the date or dates on which a poll is taken at any polling station,- (a) use or operate within or at the entrance of the polling station, or in any public or private place in the neighbourhood thereof, any apparatus for amplifying or reproducing the human voice, such as a megaphone or a loud-speaker, or (b) shout, or otherwise act in a disorderly manner, within or at the entrance of the polling station or in any public or private place in the neighbourhood thereof, so as to cause annoyance to any person visiting the polling station for the poll, or so as to interfere with the work of the officer and other person on duty at the polling station. (2) Any person who contravenes, or wilfully aids or abets the contravention of the provisions of sub-section (1) shall, on conviction be punished with imprisonment which may extend to three months or with fine or with both. (3) If the Presiding Officer of a polling station has reason to believe that any person is committing or has committed an offence punishable under this section, he may direct any police officer to arrest such person, and thereupon the police officer shall arrest him. (4) Any police officer may take such steps and use such force, as may be reasonably necessary for preventing any contravention of the provisions of sub-section (1) and may seize any apparatus used for used contravention. ### 145O. Penalty for misconduct at the polling station. - Any person who during the hours fixed for the poll at any polling station misconducts himself or fails to obey the lawful direction of the Presiding Officer may be removed from the polling station by the Presiding Officer or by any police officer on duty or by any person authorised in this behalf by such Presiding Officer. (2) The powers conferred by sub-section (1) shall not be exercised so as to prevent any elector who is otherwise entitled to vote, at a polling station from having an opportunity of voting at that station. (3) If any person who has been so removed from a polling station re-enters the polling station without the permission of the Presiding Officer he shall on conviction, be punished with imprisonment for a term which may extend to three months or with fine or with both. (4) An offence punishable under sub-section (3) shall be cognizable. ### 145P. Penalty for illegal hiring or procuring of conveyances at elections. - If any person is guilty of any such corrupt practice as is specified in clause (3) or (4) of Section 145-J at or in connection with an election, he shall, on conviction, be punished with fine which may extend to one thousand rupees. ### 145Q. Breaches of a official duty in connection with election. (1) If any person to whom this section applies is without reasonable cause guilty of any act or omission in breach of his official duty, he shall, on conviction, be punished with fine which may extend to five hundred rupees. (2) An offence punishable under sub-section (1) shall be cognizable. (3) No suit or other legal proceedings shall lie against any such person for damages in respect of any such act or omission as aforesaid. (4) The persons to whom this section applies are the Returning Officers, Assistant Returning Officers, Presiding Officers, Polling Officers and any other persons appointed to perform any duty in connection with the receipt of nominations or withdrawal of candidatures, or the recording or counting of votes at an election; and the expression "official duty" shall for the purposes of this section be construed accordingly; but shall not include duties imposed otherwise than by or under this Act. ### 145R. Removal of a ballot paper from polling station to be offence. (1) Any person who at any election fraudulently takes, or attempts to take, a ballot paper out of a polling station, or wilfully aids or abets the doing of any such act, shall on conviction, be punished with imprisonment for a term which may extend to one year, or with fine which may extend to five hundred rupees, or with both. (2) If the Presiding Officer of a polling station has reason to believe that any person is committing or has committed an offence punishable under sub-section (1), such officer may, before such person leave the polling station, arrest or direct a police officer to arrest such person and may search such person or cause him to be searched by a police officer : Provided that, when it is necessary to cause a woman to be searched, the search shall be made by another woman with strict regard to decency. (3) Any ballot paper found upon the person arrested on search shall be made over for safe custody to a police officer by the Presiding Officer, or when the search is made by a police officer, shall be kept by such officer in safe custody. (4) An offence punishable under sub-section (1) shall be cognizable. ### 145S. Other offence and penalties therefor. (1) A person shall be guilty of an electoral offence, if at any election he- (a) fraudulently defaces or fraudulently destroys any nomination paper; or (b) fraudulently defaces, destroys or removes any list, notice or other document affixed by or under the authority of a Returning Officer; or (c) fraudulently defaces or fraudulently destroys any ballot paper or the official mark, on any ballot paper or any declaration of identity or official envelope used in connection with voting by postal ballot; or (d) without due authority supplies, any ballot paper to any person or receives any ballot paper from any person or is in possession of any ballot paper; or (e) fraudulently puts into any ballot box anything other than the ballot paper which he is authorised by law to put in; or (f) without due authority destroys, takes, opens or otherwise interferes with any ballot box or ballot papers then in use for the purposes of the election; or (g) fraudulently or without due authority, as the case may be, attempts to do any of the foregoing acts or wilfully aids or abets the doing of any such acts. (2) Any person guilty of an electoral offence under this section, shall- (a) if he is a Returning Officer or an Assistant Returning Officer or a Presiding Officer at a polling station or any other officer or clerk employed on official duty in connection with the election, on conviction, be punished with imprisonment for a term which may extend to two years or with fine, or with both; (b) if he is any other person, on conviction, be punished with imprisonment for a term which may extend to six months or with fine or with both. (3) For the purposes of this section, a person shall be deemed to be on official duty if his duty is to take part in the conduct of an election or part of an election including the counting of votes or to be responsible after an election for the used ballot papers and other documents in connection, with such election, but the expression "official duty" shall not include any duty imposed otherwise than by or under this Act. (4) An offence punishable under sub-section (2) shall be cognizable. ### 145T. Application of Section 149 to offences under this Chapter subject to certain modifications. - The provisions of Section 149 shall apply to the offences under this Chapter, subject to the modifications that it shall be lawful for a Metropolitan Magistrate or a Judicial Magistrate of the first class to pass a sentence or fine on any person convicted of any offence under this Chapter in excess of his powers under Section 29 of the Code of Criminal Procedure, 1973 (2 of 1974) and that no prosecution for an offence punishable under this Chapter shall be lodged, except with the previous sanction of the Collector. ### 145U. Disputes relating to elections to be submitted to the [Tribunal] [Substituted for the words 'State Government' by Gujarat 23 of 1982] . (1) Notwithstanding anything contained in Section 96 or any other provisions of this Act, any dispute relating to an election shall be referred to the [Tribunal] [Substituted for the words 'State Government' by Gujarat 23 of 1982] , (2) Such reference may be made by an aggrieved party by presenting an election petition to the [Tribunal] [Substituted for the words 'State Government' by Gujarat 23 of 1982] : Provided that no such petition shall be made till after the final result of the election is declared and where any such petition is made it shall not be admitted by the [Tribunal] [Substituted for the words 'State Government' by Gujarat 23 of 1982] unless it is made within two months from the date of such declaration : Provided further that, the [Tribunal] [Substituted for the words 'State Government' by Gujarat 23 of 1982] may admit any petition after the expiry of that period, if the petitioner satisfies the [Tribunal] [Substituted for the words 'Government' by Gujarat 23 of 1982] that he had sufficient cause for not preferring the petition within the said period. (3) In exercising the functions conferred on it by or under this Chapter, the [Tribunal] [Substituted for the words 'State Government' by Gujarat 23 of 1982] shall have the same powers as are vested in a Court in respect of- (a) proof of facts by affidavit; (b) summoning and enforcing the attendance of any person and examining him on oath; (c) compelling discovery or the production of documents, and (d) issuing commissions for the examination of witnesses. In the case of any such affidavit, an officer appointed by the [Tribunal] [Substituted for the words 'State Government' by Gujarat 23 of 1982] in this behalf may administer the oath to the deponent. (4) [Subject to any regulations] [Substituted for the words 'Subject to any rules' by Gujarat 23 of 1982] made by the [Tribunal] [Substituted for the words 'State Government' by Gujarat 23 of 1982] in this behalf, any such petition shall be heard and disposed of by the [Tribunal] [Substituted for the words 'State Government' by Gujarat 23 of 1982] as expeditiously as possible. An order made by the [Tribunal] [Substituted for the words 'Government' by Gujarat 23 of 1982] on such petition shall be final and conclusive and shall not be called in question in any Court. ### 145V. Deposit towards cost for hearing and power to award cost. - A petitioner presenting an election petition under Section 145-U shall pay a deposit not exceeding Rs. 500 as the [Tribunal] [Substituted for the words 'State Government' by Gujarat 23 of 1982] may direct towards the costs for hearing the petition. Unless the petitioner deposits the same as aforesaid, the petition shall be summarily dismissed. Subject to such conditions as may be prescribed, at the time of deciding the petition, the [Tribunal] [Substituted for the words 'Government' by Gujarat 23 of 1982] shall assess the costs of the hearing of the petition and shall require the petitioner or the respondents, or both as the case may be, to defray the whole or in such proportion as it thinks fit, the costs of the petition including the deposit so made. Such sum as the [Tribunal] [Substituted for the words 'Government' by Gujarat 23 of 1982] may assess as the cost to [Tribunal] [Substituted for the words 'Government' by Gujarat 23 of 1982] or hearing the petition (but not exceeding Rs. 500 in any case) shall be credited to the Government. ### 145W. Contents of petitions. (1) An election petition shall- (a) contain a concise statement of the material facts on which the petitioner relies; (b) set forth full particulars of any corrupt practice that the petitioner alleges, including as full a statement as possible of the names of the parties alleged to have committed such corrupt practice and the date and place of the commission of each such practice; and (c) be signed by the petitioner and verified in the manner laid down in the Code of Civil Procedure, 1908 (V of 1908) for the verification of pleadings: Provided that, where the petitioner alleges any corrupt practice, the petition shall also be accompanied by an affidavit in a support of the allegation of such corrupt practice and the particulars thereof. (2) Any schedule or annexure to the petition shall also be signed by the petitioner and verified in the same manner as the petition. ### 145X. Relief that may be claimed by the petitioner. - A petitioner may, in addition to claiming a declaration that the election of all or any of the returned candidates is void, claim a further declaration that he himself or any other candidate has been duly elected. ### 145Y. Powers to make rules for purposes of this Chapter. - Without prejudice to any other power to make rules contained elsewhere in this Act, the State Government may make rules consistent with this Act generally to provide for and to regulate all or any of the other matters relating to the various stages of the elections (including preparation of the list of voters). ### 145Z. Special provision for election of officers of specified societies. (1) This section shall apply only to election of officers by members of committees of societies belonging to the categories specified in Section 74-C. (2) After the election of the members of the committee or whenever such election is due, the election of the officer or officers of any such society shall be held as provided in its bye-laws, but any meeting of the committee for this purpose shall be presided over by the Collector or an officer nominated by him in this behalf.] Chapter XII Offences and Penalties --------------------------------------- ### 146. Prohibition of use of the word "Co-operative". (1) No person, other than a society registered, or deemed to be registered, under this Act, and a person or his successor in interest of any name or title or under which he traded or carried on business at the date on which this Act comes into force, shall without the sanction of the State Government, function trade or carry on business under any name or title of which the word "co-operative", or its equivalent in any Indian Language, forms part. (2) Every person contravening the provisions of sub- section (1) shall, on conviction, be punished with the fine which may extend to five hundred rupees. (3) [ No Primary Agricultural Credit Co-operative Society shall use the word "bank", "banker", `banking" or any other derivative of the word "bank" in its name and the existing society using such name shall be deregistered by the Registrar.] [Added by Gujarat 1 of 2008, Section 27 (w.e.f. 8.10.2007).] ### 147. Offences. (1) It shall be an offence under this Act, if- (a) any person makes a declaration referred to in Section 23 which he knows or has reason to believe to be false; (b) any member of a society transfers any property or interest in property in contravention of sub-section (2) of Section 48 or any person knowingly acquires, or abets the acquisition of, such property; (c) any employer or any director, manager, secretary or other officer or agent acting on behalf of such employer without sufficient cause, fails to comply with sub-section (2) of Section 50; (d) a committee of a society or an officer or member thereof fails to invest funds of such society in the manner required by Section 71; (e) any person collecting share money for a society in formation, does not within a reasonable period deposit the same in the State Co-operative Bank, or a Central Co-operative Bank, or an Urban Co-operative Bank, or a postal savings bank; (f) any person, collecting the share money for a society in formation, makes use of the funds so raised for conducting any business or trading in the name of a society to be registered or otherwise; [(f-a) any person before, during or after the election of members of the Managing Committee or office bearers, adopts corrupt practice;] [Inserted by Gujarat Act No. 17 of 2013, dated 15.4.2013.] (g) a retiring chairman to whom a direction has been issued under subsection (2) of Section 75 fails to comply with such direction; [(g-i) a committee of a society or a member thereof fails to comply with the provisions of Section 75-A;] [Inserted by Gujarat 23 of 1982] (h) a committee of a society, or an officer or member thereof, fails to comply with the provisions of sub-section (2), (3) or (4) of Section 77; (i) any officer or member of a society who is in possession of information, books, records, fails to furnish such information or produce books and papers, or give assistance to a person appointed or authorised by the State Government or the Registrar under Sections 80, 81, 84, 86, 87, 99 or 108; (j) any officer of a society fails to hand over the custody of books, records cash security and other property belonging to the society of which he is an officer, to a person appointed under Section 80, 81 or 108; (k) a committee of a society with a working capital of fifty thousand rupees or more, or any officer or a member thereof fails without any reasonable excuse to comply with orders made under Section 82 or to give any notice, or to send any return or document, do or allow to be done anything, which the committee, officer or member is by this Act required to give, send, do or allow to be done; (l) a committee of a society or an officer or member thereof wilfully neglects or refuses to do any act, or to furnish any information required for the purposes of this Act by the Registrar or other person duly authorised by him in writing in this behalf; (m) a committee of a society, or an officer or member thereof, wilfully makes a false return, or furnishes false information or fails to maintain proper accounts; (n) an officer or a society fails to comply with the order made by the Registrar under Section 83; [(n-a) any person wilfully or without any reasonable excuse disobeys any summons, requisition or lawful written order issued under the provisions of this Act;] [Inserted by Gujarat Act No. 17 of 2013, dated 15.4.2013.] (o) an officer, member, agent or servant of a society fails to comply with the requirements of sub-section (4) of Section 84; [(o-a) any officer or custodian who wilfully fails to hand over custody of book, accounts, records, cash, security and other property belonging to a co-operative society of which he is an officer or custodian, to an authorised person;] [Inserted by Gujarat Act No. 17 of 2013, dated 15.4.2013.] (p) an officer or a member of a society wilfully fails to comply with any decision, award or order passed under Section 98; (q) a member of a society fraudulently disposes of property over which the society has a prior claim, or a member or officer or employee or any person disposes of his property by sales, transfer, mortgage, gift or otherwise, with the fraudulent intention of evading the dues of the society; (r) an officer of a society wilfully recommends or sanctions for his own personal use or benefit or for use or benefit of a person in whom he is interested, a loan in the name of any other person; (s) an officer or member of a society destroys, mutilates, tampers with or otherwise alters, falsifies or secretes or is privy to the destruction, mutilation, alteration, falsification or secreting of any books, papers or securities or makes, or is privy to the making of any false or fraudulent entry in any register, book of account or document belonging to the society. (2) Where an offence under this Act has been committed by a committed of a society, every person who at the time the offence was committed, was a member of such committee, 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 as provided in this Act if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. ### 148. Punishments for offences under Section 147. (1) Every employer or officer, member, agent or servant of a society, or any other person, who commits an offence under Section 147 shall, on conviction, be punished,- (a) if it is an offence under clause (a) of that section, with simple imprisonment which may extend to six months, or with fine which may extend to five hundred rupees or both; (b) if it is an offence under clause (b) of that section, with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both; (c) if it is an office under clause (c) of that section, with imprisonment for a term which may extend to one month, or with fine which may extend to five thousand rupees, or with both; (d) if it is an offence under clause (d) of that section, with fine which may extend to five hundred rupees; (e) if it is an offence under clause (e) of that section, with fine which may extend to five hundred rupees; (f) if it is an offence under clause (f) of that section, with imprisonment for a term which may extend to one year, or with fine, or with both; [(f-(i) ) if it is an offence under clause (f-a) of that section, with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees or with both;] [Inserted by Gujarat Act No. 17 of 2013, dated 15.4.2013.] (g) if it is an offence under clause (g) of that section, with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or both; [(g-i) if it is an offence under clause (g-i) of that section, with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both;] [Inserted by Gujarat 23 of 1982] (h) if it is an offence under clause (h) of that section, with fine which may extend to two hundred and fifty rupees; (i) if it is an offence under clause (I) of that section, [with imprisonment for a term which may extend to three months, or with fine which may extend to one thousand rupees, or with both;] [Substituted for the words 'with fine which may extend to five hundred rupees' by Gujarat 23 of 1982] (j) if it is an offence under clause (j) that section, with fine which may extend to five hundred rupees; (k) if it is an offence under clause (b) of that section, with fine which may extend to five hundred rupees; (l) if it is an offence under clause (1) of that section, with imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both; (m) if it is an offence under clause (m) of that section, with imprisonment for a term which may extend to one year, or with fine which may extend to two thousand rupees, or with both; (n) if it is an offence under clause (n) of that section, with imprisonment for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both; [(n-(i) ) if it is an offence under clause (n-a) of that section, with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees or with both;] [Inserted by Gujarat Act No. 17 of 2013, dated 15.4.2013.] (o) if it is an offence under clause (o) of that section, with fine which may extend to [five hundred rupees] [Substituted for the words 'one hundred rupees' by Gujarat 23 of 1982] ; [(o-(i) ) if it is an offence under clause (o-a) of that section, with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees or with both;] [Inserted by Gujarat Act No. 17 of 2013, dated 15.4.2013.] (p) if it is an offence under clause (p) of that section, with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both; (q) if it is an offence under clause (q) of that section, with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both; (r) if it is an offence under clause (r) of that section, with imprisonment for a term which may extend to two years, or with fine, or with both; (s) if it is an offence under clause (s) of that section, with imprisonment for a term which may extend to three years, or with fine, or with both; (2) No prosecution for an offence under Section 147 shall be instituted in respect of same facts on which a penalty has been imposed by the Registrar under any visions of this Act. ### 149. Cognizance of offences. (1) No Court inferior to that of a Presidency Magistrate or a Magistrate of the First class shall try any offence under this Act. (2) Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (V of 1898), it shall be lawful for a Presidency Magistrate or a Magistrate of the First Class to pass a sentence of fine on any person convicted of an offence under clause (c) of subsection (1) of Section 147 as provided under Section 148, in excess of his powers under Section 32 of that Code. (3) No prosecution under this Act shall be lodged, except with the previous sanction of the State Government in the case of an offence under clause (c) of sub-section (1) of Section 147, and of the Registrar in the case of any other offence under this Act. Such sanction shall not be given, except after hearing the party concerned, by an officer authorised in this behalf, by the State Government by a general or special order. Chapter XIII Appeals, Review and Revision ---------------------------------------------- ### 150. Gujarat State Co-operative Tribunal. (1) The State Government shall constitute a Tribunal called the Gujarat State Co-operative Tribunal to exercise the functions conferred on the Tribunal by or under this Act. (2) The Tribunal shall consist of a. President, and not more than three other members possessing such qualifications as may be prescribed. (2-A) The State Government may terminate the appointment of any member of the Tribunal before the expiry of the term of his office if such member- [(a) is adjudged an insolvent, or (b) engages during his term of office in any paid employment outside the duties of his office unless such employment is authorised by the State Government, or (c) is or becomes in any way concerned or interested in any contract or agreement made by or on behalf of the State Government or participates in any way in the profit thereof or in any benefit or emoluments arising therefrom otherwise than as a member, or (d) is in the opinion of the State Government, unfit to continue in office by reason of infirmity of mind or body, or (e) is convicted of an offence involving moral turpitude.] (3) Any vacancy in the membership of the Tribunal shall be filled by the State Government. (4) The powers and functions of the Tribunal may be exercised and discharged by Benches constituted by the President from amongst the members of the Tribunal including himself: Provided that, any interlocutory application may be heard by one or more members who may be present. (5) Such Benches shall consist of two or more members. (6) Where a matter is heard by three members the opinion of the majority shall prevail, and the decision shall be in accordance with the opinion of the majority. Where a matter is heard by an even number of members and the members are equally divided, if the President be one of the members the opinion of the President shall prevail; and in other cases the matter shall be referred for hearing to the President, and shall be decided in accordance with his decision. (7) Subject to the previous sanction of the State Government, the Tribunal shall frame regulations consistent with the provisions of this Act and rules made thereunder, for regulating its procedure and the disposal of its business. (8) The regulations made under sub-section (7), shall be published in the Official Gazette. (9) The Tribunal may call for and examine the record of any proceeding in which an appeal lies to it, for the purpose of satisfying itself as to the legality or propriety of any decision or order passed. If in any case, it appears to the Tribunal that any such decision or order should be modified annulled or reversed, the Tribunal may pass such order thereon as it may deem just. (10) Where an appeal is made to the Tribunal under Section 102, it may, in order to prevent the ends of justice being defeated, make such interlocutory orders pending the decision on the appeal as may appear to it to be just and convenient, or such order as may be necessary for the ends of justice, or to prevent the abuse of the process of the Tribunal. (11) An order passed in appeal or in revision under sub-section (9), or in review under Section 151, by the Tribunal, shall be final and conclusive, and shall not be called in question in any Civil or Revenue Court. (12) The Tribunal hearing an appeal under this Act shall exercise all the powers conferred upon an appellate Court by Section 97 and Order XL1 in the First Schedule of the Code of Civil Procedure, 1908 (V of 1908). ### 151. Review of orders of Tribunal. (1) The Tribunal may, either on the application of the Registrar, or on the application of any party interested, review its own order in any case, and pass in reference thereto such order as it thinks just : Provided that, no such application made by the party interested shall be entertained, unless the Tribunal is satisfied that there has been discovery of new and important matter of evidence, which after the exercise of due diligence was not within the knowledge of the applicant or could not be produced by him at the time when its order was made, or that there has been some mistake or error apparent on the face of the record, or for any other sufficient reasons : Provided further that, no such order shall be varied or revised, unless notice has been given to the parties interested to appear and be heard in support of such order. (2) An application for review under sub-section (1) by any party, shall be made within ninety days from the date of the communication of the order of the Tribunal. ### 152. Tribunal to have power of Civil Court. (1) In exercising the functions conferred on it by or under this Act, the Tribunal shall have the same powers as are vested in a Court in respect of,- (a) proof of facts by affidavit, (b) summoning and enforcing the attendance of any person and examining him on oath; (c) compelling the production of documents, and (d) issuing commissions for the examination of witnesses. (2) In the case of any such affidavit, any officer appointed by the Tribunal in this behalf may administer the oath to the deponent. ### 153. Appeals. (1) An appeal against an order or decision under Sections 4, 9, 11, 13, 17, 19, 36, 81 and 160 shall lie,- (a) if made or sanctioned or approved by the Registrar, or an Additional or Joint Registrar on whom powers of the Registrar are conferred, to the State Government. (b) if made or sanctioned by any person other than the Registrar, or an Additional or Joint Registrar on whom the powers of the Registrar are conferred, to the Registrar. (2) An appeal against an order of a liquidator under Section 110 shall lie- (a) to the State Government if the order was made with the sanction or approval of the Registrar, and (b) to the Registrar in any other case. (3) An appeal against an order or decision under Sections 82, 90, 93 and any order passed by the Registrar for paying compensation to a society, and any other order for which an appeal to the Tribunal has been provided under this Act, shall lie to the Tribunal. (4) An appeal under sub-section (1), (2) or (3) shall be filed within two months of the date of the communication of the order or decision. (5) The procedure to be followed in presenting and disposing of appeals under this section or under any other provisions of this Act shall be such as may be prescribed. (6) As provided in this Act, no appeal shall lie against any order, decision or award passed in accordance with this Act; and every such order, decision or award shall be final, and where any appeal has been provided for, any order passed on appeal shall be final and no further appeal shall lie against it. ### 154. Extension of period of limitation by appellate authority in certain cases. - In all cases in which it is provided under this Act that an appeal may be filed against any decision or order within a specified period, the appellate authority may admit an appeal after the expiry of such period, if the appellant satisfies the appellate authority that he had sufficient cause for not preferring the appeal within such period. ### 155. Power of State Government and Registrar to call for proceedings of subordinate officers and to pass orders thereon. - The State Government and the Registrar may call for and examine the record of any inquiry or the proceedings of any other matter of any officer subordinate to them, except those referred to in sub-section (9) of Section 150, for the purpose of satisfying themselves as to the legality or propriety of any decision or order passed, and as to the regularity of the proceedings of such officer. If in any case, it appears to the State Government, or the Registrar, that any decision or order or proceedings so-called for should be modified, annulled or reversed, the State Government or the Registrar, as the case may be, may after giving persons affected thereby an opportunity of being heard pass such order thereon as it or he may deem just. Chapter XIV Miscellaneous ------------------------------ ### 156. Constitution of State Co-operative Council, its functions etc. (1) There shall be a Council to be called the Gujarat State Co-operative Council consisting of the following members, namely :- (A) Chairman (i) Minister in charge of the Department dealing with co- operative societies in the State. (B) Vice-Chairman (ii) [ Minister of State dealing with the Co-operative societies in the State or in the absence of such Minister of State, Deputy Minister dealing with that subject shall be ex-officio Vice-Chairman. If there is neither such Minister of State nor such Deputy Minister, the Vice-Chairman shall be elected by the council from amongst its member :] [Substituted by Gujarat 23 of 1982] [Provided that during the operation of a Proclamation issued under clause (1) of Article 356 of the Constitution, the Chairman and the Vice-Chairman shall be appointed by the Governor.] [Added by Gujarat 23 of 1982] (iii) Chairman of Apex societies. (iv) Seven members to be nominated by the State Government out of which one shall be a woman, one a person belonging to a Scheduled Caste and one a person belonging to a Scheduled Tribe. (v) Three members to be elected by the Members of the Gujarat Legislative Assembly from amongst themselves. (vi) The Secretary to the Government in the Department dealing with Cooperative societies. (vii) The Registrar of Co-operative Societies, Gujarat State. (viii) The Director of Agriculture, Gujarat State. (ix) The Director of Industries, Gujarat State. (2) Such officer as the State Government may appoint in this behalf shall act as the Secretary to the Council. (3) The function of the Council so constituted shall be as follows, namely- (a) to advise the State Government on all general questions relating to cooperative movement; (b) to review the co-operative movement and to suggest ways of co- ordinating the activities of co-operative societies in the State; (c) to suggest ways and means to remove the difficulties experienced by the co-operative societies in the State in their administration. (d) to make suo motu recommendations to the State Government in regard to any matter relating to the administration of co-operative societies; and (e) to report to the State Government on such matters as may be referred to it by the State Government for its opinion. (4) The State Government may by general or special order provide for- (a) the calling of the meetings of the Council and the procedure at meetings; (b) duties of the Secretary to the Council; (c) sub-committees of the Council; (d) the term of office of nominated members of the Council and travelling allowance and daily allowance admissible to the members of the Council. ### 157. Recovery of sums due to Government. (1) Unless otherwise provided by this Act, all sums due from a society or from an officer or member or past member or a deceased member of a society as such to the Government, may be recovered as arrears of land revenue. (2) Sums due from a society to the Government and recoverable under sub-section (1) may be recovered, firstly from the property of the society; secondly in the case of a society of which the liability of the members is limited, from the members or past members or from their estate if they have died, subject to the limit of their liability, and, thirdly, in the case of societies with unlimited liability from the members or past members or their estate, if they have died. (3) The liability under this section shall in all cases be subject to the provisions of Section 34. ### 158. Competency of a member to transfer land or interest therein to society. - Notwithstanding anything contained in the Transfer of Property Act, 1882 (IV of 1882) and the Indian Registration Act, 1908 (XVI of 1908), it shall be lawful for a member of a Cooperative Farming Society to transfer to the society any land held by him or the whole or part of his interest in any land by an agreement and in such manner as may be prescribed. ### 159. Registrar's powers to recover certain sums by attachment and sale of property. (1) The Registrar or any officer subordinate to him and empowered by him in this behalf may, subject to such rules as may be made by the State Government but without prejudice to any other mode of recovery provided by or under this Act, recover- (a) any amount due under a decree or order of a Civil Court obtained by a society, (b) any amount due under a decision, award or order of the Registrar, his nominee or the board of nominees or Liquidator or Tribunal, (c) any sum awarded by way of costs under this Act, (d) any sum ordered to be paid under this Act as a contribution to the assets of the society, together with interest, if any, due on such amount or sum and the costs of recovering the same by the attachment and sale or by sale without attachment of the property of the person against whom such decree, decision, award or order has been obtained or passed. (2) The Registrar or the officer empowered by him shall be deemed when exercising the powers under sub-section (1) or when passing any order on any application made to him for such recovery, to be a Civil Court for the purposes of Article 182 in the First Schedule to the Indian Limitation Act, 1908 (IX of 1908). ### 160. [ Registrar's power to give direction. [Substituted by Gujarat 23 of 1982] (1) If the Registrar of his own motion or otherwise is satisfied that in public interest or for the purposes of securing the proper implementation of co-operative production and other development programmes approved or undertaken by the State Government or for linking and co-ordinating of co-operative activities such as marketing and credit or securing the proper management of the business of the society generally or preventing the affairs of the society being conducted in a manner detrimental to the interests of the members, or of the depositors or the creditors thereof, it is necessary to issue directions to any class of societies generally or to any society or societies in particular, he may issue directions to them, from time to time, and all societies or the society concerned, as the case may be, shall be bound to comply with such directions. (2) The Registrar may of his own motion or otherwise modify or cancel any directions issued under sub-section (1), and in modifying or cancelling such directions he may impose such conditions as he may deem fit. (3) Where the Registrar is satisfied that any committee or, as the case may be, a general body of any society, whose duty it was to comply with any directions issued or modified as aforesaid, has failed, without any reasonable or sufficient cause, to comply with such directions, the Registrar may exercise the powers conferred on him under subsection (1) of Section 81 or, as the case may be, under sub-section (1) of Section 107. (4) Where the Registrar is satisfied that any person, whose duty it was to comply with any directions issued or modified as aforesaid, has failed without any reasonable or sufficient cause, to comply with such directions, the Registrar may, by an order in writing,- (a) if such failure is committed by a member of the committee of the society in his capacity as a member of such committee, remove him as a member from the committee and appoint any other person as a member of the committee in his place for the remainder of the term of his office; (b) if such failure is committed by a member of the society not falling under clause (a), remove him as a member of the society; (c) if such failure is, committed by an employee of the society, direct the society to remove such employee from employment of the society forthwith and if the society fails, without reasonable or sufficient cause to take action in pursuance of such directions, make an order removing such person from employment of the society and thereupon such person shall be deemed to have been removed by the society : Provided that, before making any order under this sub- section, the Registrar shall give or cause to be given a reasonable opportunity to the person concerned to show' cause against the action proposed to be taken in regard to him.] [Inserted by Gujarat 30 of 1964] ### 161. Power to exempt societies from provisions of Act. - The State Government may, by general or special order, to be published in the Official Gazette, exempt any society or class of societies from any of the provisions of this Act, or may direct that such provisions shall apply to such society or class of societies with such modifications not affecting the substance thereof as may be specified in the order : Provided that, no order to the prejudice of any society shall be passed, without an opportunity being given to such society to represent its case. [Provided further that the aforesaid provision shall apply to societies in the cooperative credit structure subject to the guidelines issued by the Reserve Bank of India.] [Added by Gujarat 1 of 2008, Section 28 (w.e.f. 8.10.2007).] ### 162. Delegation of powers of State Government and of Registrar. - The State Government may by notification in the Official Gazette and subject to such conditions, as it may think fit to impose, delegate- (a) any power exercisable by it under this Act except the power under subsection (1) of Section 153 and Section 168 thereof to the Registrar; (b) all or any of the Registrar under this Act to any committee constituted or to any co-operative federal society recognised under Section 95 or to an officer of such society or to any panchayat constituted under any law relating to panchayats for the time being in force. ### 163. Branches etc. of societies outside the State. (1) No society shall open a branch or a place of business outside the State of Gujarat, and no co-operative society registered under any law' in any other State shall open a branch or a place of business in the State of Gujarat without the permission of the Registrar. (2) Every co-operative society registered under any law in any other State and permitted to open a branch or a place of business in the State of Gujarat under subsection (1) or which has a branch or a place of business in the State of Gujarat at the commencement of this Act, shall, within three months from the date of the opening of such branch or place of business or from the date of the commencement of this Act, as the case may be, file with the Registrar a certified copy of the bye-laws and amendments and, if these be not in English a certified translation thereof in English or Hindi and shall submit to the Registrar such returns and information as are submitted by similar societies registered under this Act in addition to those which may be submitted to the Registrar of the State where such society is registered. (3) The provisions of sub-sections (1) and (2) shall not apply to co-operative societies to which the provisions of the Multi-Unit Co-operative Societies Act, 1942 (VI of 1942) applies. (4) Nothing in sub-section (1) shall affect a society which has a branch or a place of business outside the State of Gujarat at the commencement of this Act. ### 164. Registrar and other officers to be public servants. - The Registrar, a person exercising the powers of the Registrar, a person authorised to audit the accounts of a society under Section 84, or to hold an inquiry under Section 86, or to make an inspection under Section 87, and a person appointed as an administrator under Section 81, or as a nominee or board of nominees under Section 98, or as a liquidator under Section 108, and all members of the Tribunal shall be deemed to be public servants within the meaning of Section 21 of the Indian Penal Code, 1860 (XLV of 1860). ### 165. Indemnity for acts done in good faith. - No suit, prosecution or other legal proceedings shall lie against the Registrar, or any person subordinate to him or acting on his authority, in respect of anything in good faith done, or purported to be done [in pursuance of this Act or the rules made thereunder.] [Substituted for the words 'by or under this Act' by Gujarat 23 of 1982] ### 166. Bar of jurisdiction of Courts. (1) Save as expressly provided in this Act, no Civil or Revenue Court shall have any jurisdiction in respect of- (a) the registration of a society or its bye-laws, or the amendment of its bye-laws, or the dissolution of the committee of a society, or the management of the society on dissolution thereof; or (b) any dispute required to be referred to the Registrar, or his nominee, or board of nominees, for decision; (c) any matter concerned with the winding up and dissolution of a society. (2) While a society is being wound up, no suit or other legal proceeding relating to the business of such society shall be proceeded with or instituted against the society or any member thereof, or any matter touching the affairs of the society, except by leave of the Registrar, and subject to such terms as he may impose. (3) All orders, decisions or awards passed in accordance with this Act or the rules, shall, subject to the provisions for appeal or revision in this Act be final; and no such order, decision or award shall be liable to be challenged, set aside, modified, revised or declared void in any Court upon the merits, or upon any other ground whatsoever except for want of jurisdiction. ### 167. Notice necessary in suits. - Save as otherwise provided in this Act, no suit shall be instituted against a society, or any of its officers in respect of any act touching he business of the society, until the expiration of two months next after notice in writing has been delivered to the Registrar or left at his office, stating the cause of action, the name description and place of residence of the plaintiff and the relief which he claims, and the plaint shall contain a statement that such notice has been so delivered or left. ### 168. Rules. (1) The State Government may, by notification in this 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 be made- (a) for the whole or any part of the State of Gujarat and for any society or class of societies, and (b) to provide for all matters expressly required or allowed by this Act to be prescribed by rules. (3) The power to make rules conferred by this section is subject to the condition of the rules being made after previous publication. (4) All rules made under this section shall be laid for not less than thirty days before the State Legislature as soon as possible after they are made, and shall be subject to such modification as the Legislature may make during the session in which they are so laid, or the session immediately following. (5) Any modifications so made by the State Legislature shall be published in the Official Gazette, and shall thereupon take effect. ### 168A. [ Transitory provisions. [Inserted by Gujarat Act No. 17 of 2013, dated 15.4.2013.] - Notwithstanding anything contained in this Act and amendments made in view of the Constitutional (Ninety- Seventh Amendment) Act, 2011, the Committees of the societies existing immediately before the commencement of the Gujarat Gujarat 17 of 2013. Co-operative Societies (Amendment) Act, 2013, shall continue till the expiration of their term unless sooner superseded. All the orders of the Administrator or any other order passed by the Registrar shall continue for the period mentioned in such order as if passed under the amended provisions. All proceedings pending before the Registrar or person authorised by him or any other authority under the provisions of this Act shall stand transferred wherever necessary to the Registrar or any authority according to the amended provisions of the Gujarat Co-operative Gujarat 17 of 2013. Societies (Amendment) Act, 2013, as the State Government may notify.] ### 169. Repeal, saving and construction. (1) The Bombay Co-operative Societies Act, 1925 (VII of 1925) (hereinafter referred to as "the said Act") is hereby repealed : Provided that, the repeal shall not affect the previous operation of the said Act and anything done or action taken (including any appointment or delegation made, application or other document filed, certificate of registration granted, agreement executed, notification, order, direction or notice issued, rule, regulation, form or bye-law framed or proceeding instituting before any Registrar, arbitrator, liquidator or tribunal or other officer, authority or person) by or under the provisions of the said Act shall, in so far 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, and shall continue in force unless and until superseded by anything done or any action taken under this Act. (2) All societies registered or deemed to be registered under the said Act the registration of which was in force immediately before the commencement of this Act, shall on such commencement to be deemed to be registered under this Act, and all proceedings pending immediately before such commencement before any registrar, arbitrator, liquidator or tribunal or other officer, authority or person under the provisions of the said Act shall stand transferred where necessary, to the Registrar, arbitrator, liquidator or tribunal or other corresponding officer, authority or person under this Act and if no such officer, authority or person exists or if their be a doubt as to the corresponding officer, authority or person to such officer, authority or person as the State Government may designate and shall be continued and disposed of by such officer, authority or person in accordance with the provisions of this Act. (3) Any reference to the said Act or to any provisions thereof or to any officer, authority or person entrusted with any functions there-under, in any law for the time being in force or in any instrument or document, shall be construed, where necessary, as a reference to this Act or its relevant provisions or the corresponding officer, authority or person functioning under this Act, and the corresponding officer, authority or person, as the case may be, shall have and exercise the functions under such law', instrument or document. ### 170. Companies Act not to apply. - For the removal of doubt, it is hereby declared that the provisions of the Companies Act, 1956 (I of 1956), shall not apply to societies, registered or deemed to be registered under this Act. [Schedule] [Added by Gujarat 23 of 1982] [See Section 74(C) ] Apex Societies (1) The Gujarat State Co-operative Land Development Bank Limited. (2) The Gujarat State Co-operative Bank Limited. (3) The Gujarat State Co-operative Consumers Federation Limited, Ahmedabad. (4) The Gujarat Pustkalaya Sahayak Sahakari Mandal Limited, Vododara. (5) The Gujarat State Co-operative Kheti Sangh Limited, Ahmedabad. (6) The Gujarat State Poultry Farmers' Co-operative Federation Limited, Bharuch. (7) The Gujarat State Co-operative Housing Finance Society Limited, Ahmedabad. (8) The Gujarat Co-operative Milk Marketing Federation Limited, Anand. (9) The Gujarat State Co-operative Marketing Federation Limited, Ahmedabad. (10) The Gujarat State Co-operative Cotton Marketing Federation Limited, Ahmedabad. (11) The Gujarat State Co-operative Oil Seeds Growers' Federation Limited, Bhavnagar. (12) The Gujarat State Co-operative Oil Industries Limited, Ahmedabad. (13) The Gujarat State Co-operative Fruits and Vegetable Federation Limited, Bardoli, District Surat. (14) The Gujarat Industrial Co-operative Bank Limited, Ahmedabad. (15) The Gujarat State Co-operative Industrial Association Limited, Ahmedabad. (16) The Gujarat State Mitha Utpadak Sahkari Sangh Limited, Surendranagar],

65ba70e0ab84c7eca86eb53a

acts

Union of India - Act ---------------------- The Aircraft Rules, 1937 -------------------------- UNION OF INDIA India The Aircraft Rules, 1937 ========================== Rule THE-AIRCRAFT-RULES-1937 of 1937 -------------------------------------- * Published on 23 March 1937 * Commenced on 23 March 1937 The Aircraft Rules, 1937 Published vide Notification No. V-26, dated 23.3.1937 Last Updated 26th October, 2018 In exercise of the powers conferred by sections 5 and 7 and sub-section (2) of section 8 of the [Aircraft Act] [Substituted by G.S.R. 794, dated 16.5.1966. ] , 1934 (XXII of 1934) and section 4 of the Indian Telegraph Act, 1885 (XIII of 1885), and in supersession of the [Aircraft Rules] [Substituted by G.S.R. 794, dated 16.5.1966. ] , 1920, with the exception of Part IX thereof, the Central Government is pleased to make the following rules, the same having been previously published, as required by section 14 of the former Act, namely:-- Part I – Preliminary ---------------------- ### 1. Short title and extent. (1) These rules may be called the [Aircraft Rules] [Substituted by G.S.R. 794, dated 16.5.1966. ] , 1937. (2) They extend to the whole of India and apply also (unless the contrary intention appears)-- (a) to, and to persons on, aircraft registered in India wherever they may be, [except cases falling under sub-rule (4)] [Added by G.S.R. 20(E) , dated 12.1.1994. ] ; (b) to, and to persons on, all aircraft for the time being in or over India: Provided that in the case of aircraft registered in a country other than India, the regulations of that country relating to registration, license of personnel, airworthiness and log books shall apply in place of the provisions contained in Parts IV, V, VI and IX of these rules: Provided further that the foregoing proviso shall not apply to aircraft registered in any country whose regulations are not based on standards at least equal to the minimum standards established from time to time under the Convention on International Civil Aviation opened for signature at Chicago on the 7th December, 1944 and the cases falling under sub-rule (3) ] [Added by G.S.R. 20(E) , dated 12.1.1994. ] . [(2-A)In case of aircraft registered in a contracting State other than India and operated pursuant to an agreement for the lease, charter or interchange of the aircraft or any similar arrangement by an operator who has his principal place of business, or, if has no such place of business, his permanent residence in another contracting State other than India, the regulations of the other contracting State relating to registration, licensing of personnel, airworthiness and log books shall apply in place of the provisions contained in Parts IV, V, VI and IX of these rules, provided that an agreement has been reached between the Government of State of registry of the aircraft and the Government of the other contracting State relating to transfer of functions and duties pursuant to Article 83 bis of the Convention and the same has been officially notified to the Government of India or the International Civil Aviation Organisation. The extent of application of these rules to such aircraft shall be as per the agreement between the two Governments.] [Inserted by G.S.R. 812(E) , dated 21.11.2008 (w.e.f. 21.11.2008). ] (3) These rules shall also apply to aircraft registered in a contracting State and operated pursuant to an agreement for the lease, charter or interchange of the aircraft or any similar arrangement by an operator who has his principal place of business, or, if he has no such place of business, his permanent residence in India, provided that an agreement has been reached between the Government of the State of registry of the aircraft and the Government of India in regard to transfer of functions and duties pursuant to Article 83 bis of the Convention. The extent of application of these rules to such aircraft shall be as per the agreement between the two Governments. [(4) These rules shall not apply to aircraft registered in India and operated pursuant to an agreement for the lease, charter or interchange of aircraft or any similar arrangement by an operator who has his principal place of business or if he has no such place of business, his permanent residence in a contracting State, provided that an agreement has been reached between the Government of India and the Government of that contracting State in regard to transfer of functions and duties pursuant to Article 83 bis of the Convention. The extent of non-application of these rules to such aircraft shall be as per the agreement between the two Governments.] [Added by G.S.R. 20(E) , dated 12.1.1994. ] ### 2. Nationality of aircraft. - An aircraft shall be deemed to possess the nationality of the State on the register of which it is entered. ### 3. [] [Sub-Rule 3(1) renumbered as Rule 3 by G.S.R. 80(E), dated 22.2.1993. ] [Definitions and interpretation. [Substituted by G.S.R. 1238, dated 8.9.1962. ] - In these rules, unless there is anything repugnant in the subject or context--] [\* \* \*] [ Clause (1) Omitted by Notification No. G.S.R. 535 (E) dated 5.7.2012 (w.e.f. 23.3.1937)] Omitted by Notification No. G.S.R. 535 (E) dated 5.7.2012 (w.e.f. 23.3.1937) | | | --- | | (1) "Accident" means an occurrence associated with the operation of an aircraft which takes place between the time any person boards the aircraft with the intention of flight until such time as all such persons have disembarked, in which- (a) a person is fatally or seriously injured as a result of- (i) being in the aircraft, or (ii) direct contact with any part of the aircraft, including parts which have become detached from the aircraft; or (iii) direct exposure to jet blast, except when the injuries are from natural causes, self-inflicted or inflicted by other persons, or when the injuries are to stowaways hiding outside the areas normally available to the passengers and crew; or (b) the aircraft sustains damage or structural failure which- (i) adversely affects the structural strength, performance or flight characteristics of the aircraft, and (ii) would normally require major repair or replacement of the affected component, except for engine failure or damage, when the damage is limited to the engine, its cowlings or accessories; or for damage limited to propellers, wing tips, antennas, tires, brakes, fairings, small dents or puncture holes in the aircraft skin; or (c) the aircraft is missing or is completely inaccessible. Explanation1.- For the purposes of this clause "fatally injured" means an injury resulting in death within thirty days of the date of the accident. Explanation2.- For the purposes of this clause "aircraft is missing" means the wreckage of the aircraft has not been located when the official search has been terminated; | (1A) [ "Aerial work aircraft" means an aircraft used for the aerial work.] [Substituted by Notification No. G.S.R. 643 (E) dated 29.7.2010 (w.e.f. 23.3.1937)] (2) "Aerodrome" means any definite or limited ground or water area intended to be used, either wholly or in part, for the landing or departure of aircraft, and includes all buildings, sheds, vessels, piers and other structures thereon or appertaining thereto; [\* \* \*] [Clause (3) omitted by G.S.R. 610(E), 14.8.1984.] (4) "Aerodyne" means an aircraft whose support in flight is derived dynamically from the reaction on surfaces in motion relative to the air, and includes all aeroplanes, helicopters, gyroplanes, gliders and kites; [(4-A) "Aeronautical beacon" means an aeronautical ground light visible at all azimuth either continuously or intermittently to designate a particular point on the surface of the earth; (4-B) "Aeronautical ground light" means any light provided as an aid to air navigation other than a light displayed on an aircraft;] [Inserted by G.S.R. 610(E) , 14.8.1984. ] (5) [ "Aeroplane" means a power-driven heavier-than-air aircraft, deriving its lift in flight chiefly from aerodynamic reactions on surfaces which remain fixed under given conditions of flight;] [Substituted by G.S.R. 1202, dated 23.7.1976. ] (6) "Aerostat" means an aircraft supported in the air statically and includes all airships and balloons; (7) [ "Aircraft" means any machine which can derive support in the atmosphere from reactions of the air other than reactions of the air against the earth's surface and includes balloons whether fixed or free, airships, kites, gliders and flying machines;] [Substituted by G.S.R. 270, dated 2.3.1973. ] [(7-A) "Aircraft component" means any part, the soundness and correct functioning of which, when fitted to an aircraft, is essential to the continued airworthiness or safety of the aircraft and includes any item of equipment;] [Inserted by G.S.R. 1202, dated 23.7.1976. ] (8) [ "Airship" means a power-driven lighter-than-air aircraft;] [Substituted by G.S.R. 1202, dated 23.7.1976. ] (9) "Air transport service" means a service for the transport by air of persons, mails or any other thing, animate or inanimate, for any kind of remuneration whatsoever, whether such service consists of a single flight or series of flights; [(9-A) "Air transport undertaking" means an undertaking whose business includes the carriage by air of passengers or cargo for hire or reward;] [Inserted by G.S.R. 1202, dated 23.7.1976 ] (10) "Amphibian" means an aeroplane capable normally of taking off from and alighting on either land or a solid platform or water; (10A) [ "Approved" means accepted by the Director-General as suitable for a particular purpose;] [Inserted by Notification No. G.S.R. 721(E) , dated 23.6.2017 (w.e.f. 23.3.1937).] (10B) [] [Inserted by G.S.R. 1202, dated 23.7.1976. ] "Approved maintenance system" means the maintenance system approved by the Director-General of Civil Aviation;] [10C) \*\*\*] [Omitted by Notification No. G.S.R. 1066(E) , dated 25.10.2018 (w.e.f. 23.3.1937).] (11) [ "Balloon" means a non-power-driven lighter-than-air aircraft;] [Substituted by G.S.R. 1202, dated 23.7.1976. ] [(11-A) "Cabin crew member" means a crew member other than a flight crew member;] [Inserted by G.S.R. 383, dated 11.7.2001 (w.e.f, 21.7.2001). ] (11AA) "Cape Town Convention" means the Convention on international interests in mobile equipment signed at Cape Town, South Africa on the 16th of November, 2001, together with any regulations made in connection therewith as acceded to by India on March 31, 2008; [(11AB) "Cape Town Protocol" means the Protocol to the Cape Town Convention on matters specific to Aircraft Equipment, signed in Cape Town, South Africa on the 16th of November, 2001, together with any regulations made in connection therewith as acceded to by India on the 31st March, 2008;] [Inserted by Notification No. G.S.R. 78(E) , dated 9.2.2015 (w.e.f. 23.3.1937)] [(11-B)] [Renumbered by G.S.R. 383, dated 11.7.2001 (w.e.f. 21.7.2001).] "Certificate of airworthiness" means an aircraft specific document issued by the Director-General to signify that it conforms to its applicable type design and is in a condition for safe operation in accordance with the norms as specified by the Director-General;] (12) "Class rating" shall comprise-- (a) Single-engine, land; (b) Single-engine, sea; (c) Multi-engine, land; (d) Multi-engine, sea; (13) "Contracting State" means any State which is for the time being a party to the Convention on International Civil Aviation concluded at Chicago on December 7, 1944, and any amendment which may be made thereto under the provisions of Article 94 thereof; [(13-A) "Convention" means the Convention relating to International Civil Aviation signed at Chicago on the 7th day of December, 1944, as amended from time to time;] [Inserted by G.S.R. 1202, dated 23.7.1976 ] (14) "Co-pilot" means a licensed pilot serving in any piloting capacity other than as pilot-in-command but excluding a pilot who is on board the aircraft for the sole purpose of receiving flight instruction; [\* \* \*] [Clause (15) omitted by G.S.R. 413, dated 4.8.2001 (w.e.f. 4.8.2001). ] (16) "Course" or "heading" means the direction in which the longitudinal axis of an aircraft is pointed, usually expressed in degrees from North (True, Magnetic or Compass); [(16-A) "Crew member" means a person assigned by an operator to duty on an aircraft during a flight duty period;] [Inserted by G.S.R. 383, dated 11.7.2001 (w.e.f. 21.7.2001). ] [\* \* \*] [Clause (17) omitted by G.S.R. 232(E), dated 19.3.2007 (w.e.f. 24.3.2007). ] (17A) [ Defence Aerodrome" means an aerodrome owned and operated by Indian Air Force, Indian Navy or Indian Army;] [Inserted by Notification No. G.S.R. 977 (E) , dated 5.10.2016 (w.e.f. 23.3.1937).] (18) "Director-General" means Director-General of Civil Aviation; (19) "Dual flight time" means flight time during which a person is receiving flight instructions from a pilot on board the aircraft; (20) "Export" means taking out of India; (21) "Flight crew member" means a license crew member charged with duties essential to the operation of an aircraft [during a flight duty period] [Substituted by G.S.R. 383, dated 11.7.2001 (w.e.f. 21.7.2001). ] ; [(21-A) "Flight manual" means a manual associated with the certificate of airworthiness, containing limitation within which the aeroplane is to be considered airworthy, and contains instructions and information necessary to the flight crew members for the safe operation of the aeroplane;] [Inserted by G.S.R. 1202, dated 23.7.1976 ] (22) "Flight time"-- [(i) in respect of an aeroplane, means the total time from the moment the aeroplane first moves for the purpose of taking off until the moment it finally comes to rest at the end of the flight; and (ii) in respect of a helicopter, means the total time from the moment the helicopter's rotor blades start turning until the moment it finally comes to rest at the end of the flight, and the rotor blades are stopped. Note. - Flight time as herein defined is synonymous with the term "block to block" time, or "chock to chock" time in general usage which is measured from the time an aeroplane first moves for the purpose of taking off until it finally stops at the end of the flight;] (23) "Flight time in a glider" means the total time occupied in flight, whether being towed or not, from the moment the glider first moves for the purpose of taking-off until the movement it comes to rest at the end of the flight; (24) "Flight time in free flight" includes flight time in glider when it is not being towed; (25) "Flying machine" means a mechanically driven aerodyne, and includes all aeroplanes, helicopters and gyroplanes; [(25-A) "Foreign aircraft" means an aircraft registered in a country other than India;] [Inserted by G.S.R. 1202, dated 23.7.1976. ] (26) [ "Glider" means a non-power-driven heavier-than-air aircraft, deriving its lift in flight chiefly from aerodynamic reactions on surfaces which remain fixed under given conditions of flight;] [Substituted by G.S.R. 1202, dated 23.7.1976. ] (27) "Government aerodrome" means an aerodrome which is maintained by or on behalf of the Central Government and includes an airport to which the Airports Authority of India Act, 1994 ( [55 of 1994 ) applies or is made applicable;] [Substituted by Act 732(E) , dated 2.11.2004, for Clause (27) (w.e.f. 5.11.2004). ] (28) "Helicopter" means a heavier-than-air aircraft supported in flight by the reactions of the air on one or more power driven rotors on substantially vertical axis; (28A) [ "IDERA" means the irrevocable deregistration and export request authorisation to be used for getting an aircraft deregistered and exported under the provisions of the Cape Town Protocol;] [Substituted by Notification No. G.S.R. 1066(E) , dated 25.10.2018 (w.e.f. 23.3.1937).] (28B) "IDERA Holder" means the authorised party under an IDERA or its certified designee; (29) "Import" means bringing into India; [\* \* \*] [ Omitted by Notification No. G.S.R. 535 (E) dated 5.7.2012 (w.e.f. 23.3.1937)] Omitted by Notification No. G.S.R. 535 (E) dated 5.7.2012 (w.e.f. 23.3.1937) [Substituted by G.S.R. 383, dated 11.7.2001 (w.e.f. 21.7.2001). ] | | | --- | | (29-A) "incident" in relation to an aircraft means an occurrence which takes place either on the ground or in flight, in which-- (a) the aircraft suffers damage or a person associated either with the maintenance or operation of aircraft, or both, suffers injury in circumstances other than those specified in the definition of "accident", (b) the aircraft makes a forced landing, (c) the aircraft lands at aerodrome in an unairworthy condition, (d) the aircraft is compelled to land at the aerodrome of departure without completing the scheduled flight, (e) the aircraft lands owing to conditions which make continuance of the flight inadvisable, (f) the position of the aircraft becomes "unknown for any period", or (g) the safety of the aircraft or its occupants or of any other person or property is jeopardised in any manner; | (30) "Instrument time" means the instrument flight time or the instrument ground time; (31) "Instrument flight time" means the time during which a pilot is piloting an aircraft solely by reference to instruments and without external reference points; (32) "Instrument ground time" means the time during which a pilot is practising, on the ground, simulated instrument flight on a mechanical device approved by the Director-General; [(32-A) "Item of equipment" means any self-contained unit, which, when attached to, or installed on aircraft, performs a function essential under certain operating conditions of airworthiness or safety of the aircraft or its occupants;] [Inserted by G.S.R. 1202, dated 23.7.1976. ] (33) "Landing area" means that part of an aerodrome reserved for the departure or landing of aircraft; [(33-A) "License" means a license issued under these rules;] [Inserted by G.S.R. 1202, dated 23.7.1976. ] (33AA) [ "Light Sport Aircraft" means a fixed wing aircraft with maximum certificated take off mass exceeding 450 Kgs. but not exceeding 600 Kgs.(650 Kgs. in case of sea planes) and stalling speed not exceeding 45 knots;] [Inserted by Notification No. G.S.R. 721(E) , dated 23.6.2017 (w.e.f. 23.3.1937).] (33B) [ "Maintenance" means the performance of tasks required to ensure the continuing airworthiness of an aircraft, including any one or combination of overhaul, inspection, replacement, defect rectification and the embodiment of a modification or repair or test.] [Inserted by Notification No. G.S.R. 1001 (E) dated 22.12.2010 (w.e.f. 23.3.1937)] (34) "Making way"-An aircraft is said to be "making way" when under in the air or on the surface of the water, it has a velocity relative to the air or water, respectively; [(34-A) "Manoeuvring area" means that area of an aerodrome which is to be used for the take-off and landing of an aircraft and for the movement of aircraft associated with the take-off and landing;] [Inserted by G.S.R. 159, dated 10.1.1972. ] [(34-B) "Microlight aircraft (single seater)" means a fixed wing aircraft with maximum all up weight not exceeding 330 kg. and a wing area not less than 10 sq. metres and which is designed to carry not more than one person; (34-C) "Microlight Aircraft (two seater)" means a fixed wing aircraft with a maximum all up weight not exceeding 450 kg. and a wing area not less than 10 sq. metres and which is designed to carry not more than two persons; (34-D) "Microlight aircraft" means microlight aircraft (single seater) and Microlight aircraft (two seater) and excludes hand gliders and para-planes;] [Inserted by G.S.R. 218, dated 13.3.1991. ] (35) "Military aircraft" includes naval, military and air force aircraft, and every aircraft commanded by a person in naval, military or air force service detailed for the purpose; [(35-A) "Movement area" means the area of an aerodrome which is intended for the surface movement of an aircraft and includes the manoeuvring area and aprons;] [Inserted by G.S.R. 159, dated 10.1.1972. ] (36) "Normal flight" means flight comprising climbing, horizontal flight, turning and descending, provided, however, that it does not entail abrupt variations in height or in the attitude of the aircraft; (37) "On the surface of the water"-An aircraft is deemed to be "on the surface of the water" so long as any portion of it is in contact with the water; (38) "Operator" means a person, organization or enterprise engaged in or offering to engage in aircraft operation; (39) "Passenger aircraft", "mail aircraft" and "goods aircraft" means aircraft which effect public transport of passengers, mails or goods, respectively; [(39-A) "Permit to fly" in relation to microlight aircraft, means a document issued by the Director-General of Civil Aviation authorising the flight of a microlight aircraft in accordance with these rules;] [Inserted by G.S.R. 218, dated 13.3.1991. ] (40) "Personnel" in relation to any aircraft means the person in charge, the pilot, the navigator, the engineer, and all other members of the crew; (41) "Petroleum in bulk" means petroleum contained in receptacle exceeding 900 litres in capacity; (42) "Pilot-in command" in respect of a pilot,-- [(i) engaged in commercial operations means the pilot designated by the operator as being in command and charged with the safe conduct of a flight; and (ii) engaged in general aviation or helicopter operations means the pilot designated by the operator or owner as being in command and charged with the safe conduct of a flight;] (43) "Private aircraft" means all aircraft other than aerial work aircraft or public transport aircraft; (44) "Prohibited area" means an area over which the navigation of aircraft is prohibited under rule 12; (45) "Public transport" means all carriage of persons or things effected by aircraft for a remuneration of any nature whatsoever, and all carriage of persons or things effected by aircraft without such remuneration if the carriage is effected by an air transport undertaking; (46) "Public transport aircraft" means aircraft which effects public transport; (47) "Rating" means an authorisation entered on a license and forming part thereof, stating special conditions, privileges or limitations pertaining to such license; (47A) [ "Registered Interest" means any interest registered with the International Registry established under the Cape Town Convention;] [Substituted by Notification No. G.S.R. 1066(E) , dated 25.10.2018 (w.e.f. 23.3.1937).] (48) "Rendering a license valid" means the action taken as an alternative to assuming a license, in accepting a license issued by any other Contracting State as the equivalent of an Indian license; (48A) [ "Restricted Type Certificate" means a document issued, validated or accepted by the Director-General signifying that the design of a type of aircraft or engine or propeller does not fully meet the applicable type design standards specified by the Director-General;] [Inserted by Notification No. G.S.R. 721(E) , dated 23.6.2017 (w.e.f. 23.3.1937).] (48AA) [] [Inserted by by G.S.R. 59(E) , dated 31.1.2011 (w.e.f. 31.1.2011). ] "Safety" means the state in which the risk of harm to persons or of property damage is reduced to and maintained at or below an acceptable level of safety through a continuing process of hazard identification and risk management. Explanation. - For the purposes of this clause, "acceptable level of safety" is the minimum degree of safety that must be assured by a system in actual practice. (48B) "Safety oversight function" means a function by means of which the safety·related standards and recommended practices and associated procedures contained in the Annexes to the Convention are implemented.] [Substituted by G.S.R. 383, dated 11.7.2001 (w.e.f. 21.7.2001). ] (49) [ "Scheduled air transport service" means an air transport service undertaken between the same two or more places and operated according to a published time table or with flights so regular or frequent that they constitute a recognisably systematic series, each flight being open to use by members of the public;] [Substituted by G.S.R. 117(E) , dated 25.2.1994 (w.e.f. 1.3.1994). ] (50) "Seaplane" means an aeroplane capable normally of taking-off from and alighting solely on water; [\* \* \*] [ Omitted by Notification No. G.S.R. 535 (E) dated 5.7.2012 (w.e.f. 23.3.1937)] Omitted by Notification No. G.S.R. 535 (E) dated 5.7.2012 (w.e.f. 23.3.1937) | | | --- | | (50-A) "Serious incident" means an incident involving circumstances indicating that an accident nearly occurred. Note.-The difference between an accident and a serious incident lies only in the result. | (51) "Solo flight time" means flight time during which a pilot is the sole occupant of an aircraft; (51A) [ "specified or as specified or may be specified by the Director-General" means the directions issued by the Director-General under rule 133A and placed in public domain on the website of the Directorate General of Civil Aviation i.e. (http://dgca.nic.in);] [Inserted by Notification No. G.S.R. 911 (E) , dated 16.9.2016 (w.e.f. 23.3.1937).] (51B) "Special Certificate of Airworthiness" means a document issued by the Director-General to an aircraft which has a restricted type certificate or complies with airworthiness specifications as specified by the Director-General for ensuring adequate safety; [(51C) "Special Flight Permit" means a document issued by the Director-General to an aircraft which does not meet the conditions of airworthiness as defined in clause (1GA) but is in a condition for safe operation subject to limitations as may be specified therein;] [Inserted by Notification No. G.S.R. 721(E) , dated 23.6.2017 (w.e.f. 23.3.1937).] (52) "State aircraft" includes military aircraft and aircraft exclusively employed in the service of the Government such as posts, customs, police; [(52-A) "Student pilot-in-Command" means a trainee pilot, acting as Pilot-in-Command under observation of a flight instructor, who shall not manipulate the flight controls of an aircraft or influence the flight during flight time except when the safety of the aircraft is jeopardised. Note.-In the event the instructor manipulates the flight controls during the flight, the flight shall be deemed to be a dual instructional flight.] [Inserted by G.S.R. 165(E) , dated 12.3.2009 (w.e.f. 12.3.2009). ] (53) "Subsequent aircraft" means an aircraft which is constructed in accordance with the design and specification of a type of aircraft, which has been approved or accepted by the Central Government for the issue of a certificate of airworthiness; (54) "Take-off" includes all the successive positions of an aerodyne from the moment it moves from rest until the moment of starting normal flight; [(54-A) "Tariff" means any fare, rate or charge collected by an air transport undertaking for the carriage of passengers, baggage or cargo, including the commission payable to the agents, and the conditions governing such fair, rate or charge. Explanation.-For the purposes of this clause, "cargo" does not include mail.] [Inserted by G.S.R. 21(E) , dated 9.1.2009 (w.e.f. 9.1.2009). ] [[(54-B)] [Inserted by G.S.R. 732(E) , dated 2.11.2004 (w.e.f. 5.11.2004) ] "Temporary aerodrome" means an aerodrome intended to be used for a period not exceeding six months;] (55) "To land" is the action under normal conditions of making contact with the ground or a solid platform or water by an aircraft equipped for this purpose; (56) "To pilot" means to manipulate the flight controls of an aircraft during flight time; (57) "Type of aircraft" means all aircraft of the same basic design including all modifications thereto except those modifications which result in a change in handling or flight characteristics; [(57-A) "Type certificate" means a document issued, validated or accepted by the Director-General to signify that the design of a type of aircraft or engine or propeller, complies with the applicable type design standard specified by the Director-General;] [Substituted by Notification No. G.S.R. 721(E) , dated 23.6.2017 (w.e.f. 23.3.1937).] (58) "Type rating" means a rating for each type of aircraft; (59) "Under control" an aircraft is said to be "under control" when it is able to manoeuvre as required by these rules; (60) "Visible" as applied to lights means visible on a dark night with a clear atmosphere.] [\* \* \*] [Sub-Rule (2-A) and (3) omitted by G.S.R. 80(E), dated 2.2.1993. ] [3-A. Delegation of powers. [Inserted by G.S.R. 80(E) , dated 22.2.1993. ] (1) Any power or duty conferred or imposed by these rules on the Central Government may be exercised or discharged by the Central Government or by any person authorised by it in that behalf. (2) Any power or duty conferred or imposed by these rules on the Director--General may be exercised or discharged by the Director-General or by any other person authorised by the Central Government in that behalf. (3) The exercise or discharge of any power or duty conferred or imposed by rule 19 or Part V or Part VI of these rules on the Central Government by an authority outside India specified by the Central Government in that behalf, shall have effect in India as though the powers have been exercised or the duty discharged by a person authorised in this behalf under sub-rule (1) of this rule. ### 3B. Appeals. - If any person is aggrieved by an order passed by an officer in exercise of a power conferred on him by these rules or delegated to him under rule 3-A, he may prefer an appeal to the next higher officer within sixty days of the date of the order [subject to the condition that not more than two appeals shall be filed in any one case [Inserted by Notification No. G.S.R. 481(E) , dated 15.5.2017 (w.e.f. 23.3.1937).] .] Part II – General Conditions Of Flying ---------------------------------------- ### 4. Use and operation of aircraft. - No person shall use or operate or assist in using or operating an aircraft save in accordance with these rules. ### 5. Registration and nationality and registration marks. - [Subject to the provisions of rule 33, no person shall fly] [Substituted by G.S.R. 1567, dated 16.11.1962. ] , or assist in flying, any aircraft unless-- (a) it has been registered, and (b) it bears its nationality and registration marks and the name and residence of the owner affixed or painted thereon in accordance with rule 37 or, in the case of aircraft registered elsewhere than in India, in accordance with the regulations of the State in which it is registered: Provided that the prohibition imposed by this rule shall not apply to aircraft flown in accordance with the special permission in writing of the Central Government and subject to any conditions and limitations which may be specified in such permission. ### 5A. Prohibited flight. - Except under, and in accordance with the terms and conditions of, a permit issued by the Director-General of Civil Aviation- (1) no aircraft registered in India shall leave India for the purpose of a flight to a place outside India; (2) no aircraft shall undertake a flight to any territory which the Central Government may, by notification in the Official Gazette, declare to be a prohibited territory. [Note.-For the purpose of this rule, foreign aircraft falling under sub-rule (3) of rule 1 shall be deemed as aircraft registered in India and Indian aircraft falling under sub-rule (4) of rule 1 shall be deemed as aircraft not registered in India.] [Inserted by G.S.R. 150(E) , dated 4.3.2009 (w.e.f. 4.3.2009). ] ### 6. [ Licensing of personnel. [Substituted by G.S.R. 1238, dated 8.9.1962. ] - Every aircraft shall carry and be operated by the personnel prescribed in Part V and such personnel shall be licensed in the manner prescribed in that part and in Schedule II: Provided that in the case of an aircraft not registered in India, such personnel shall be licensed in accordance with the regulations in force in the State in which the aircraft is registered:] [\* \* \*] [Omitted by Notification No. G.S.R. 481(E) , dated 15.5.2017 (w.e.f. 23.3.1937).] | | | --- | | Provided further that a trainee pilot who is learning to fly may fly without a license any aircraft of an all-up-weight not exceeding 1,500 kgs., if-- (a) the aircraft is fitted with dual controls, (b) a flight instructor is carried on board, (c) prior notice of the flight is given to the person-in-charge of the aerodrome from which the flight is made, and (d) no other person is carried on board the aircraft: [Provided also that a trainee pilot may exercise the privileges of a Student Pilot's License specified in paragraph 5 of sections B and C and paragraph 4 of section D of Schedule II if he is granted a certificate to that effect by the Flight Instructor after such a trainee qualifies the technical examination and also satisfies the requirements of medical fitness provided for the issue of such license. Such certificate shall be valid for a period of two months or until the trainee obtains a Student Pilot's License whichever is earlier.] [Substituted by G.S.R. 637(E) , dated 4.10.1993. ] | [Note.-For the purpose of this rule, foreign aircraft falling under sub-rule (3) of rule 1 shall be deemed as aircraft registered in India and Indian registered aircraft falling under sub-rule (4) of rule 1 shall be deemed as aircraft not registered in India.] [Added by G.S.R. 20(E) , dated 12.1.1994. ] ### 6A. [ Type of aircraft to be included in rating. [Inserted by G.S.R. 1238, dated 8.9.1962. ] - No person shall fly as pilot of an aircraft which is not included or entered in the aircraft rating of the license, [except as provided in rules 6-B and 6-C.] ### 6B. Flights to qualify for extension of a license. - The holder of a pilot's license may fly within the Indian territory as pilot of an aircraft of type which is not included in the aircraft rating of his license for the purpose of qualifying for the inclusion of such type: Provided that when he is so flying no person shall be carried on board the aircraft unless he is-- (a) a person required by the rule to be carried as member of the operating crew, or (b) a person who is flying, with the consent of the operator of the aircraft, for the purpose of being trained as a member of the operating crew, or (c) a person whose presence may be required on board the aircraft for the purpose of imparting or supervision of training or conducting a flight test, or (d) a person who may be specially authorised by the Director-General: [Provided further that such flights are carried out within the local flying area or designated flying area of a licensed aerodrome or a Government aerodrome and prior notice of the flight is given to the person-in-charge of the aerodrome from which the flight is made. However, there are no restrictions for carrying out dual flying with Instructor on board even in areas away from the local flying area within the Indian territory, for learning general as well as route flying (navigation) .] [Substituted by G.S.R. 637(E) , dated 4.10.1993. ] ### 6C. [ Flights for testing and other non-revenue specific special purposes. [Inserted by G.S.R. 262, dated 7.6.2000 (w.e.f. 8.7.2000). ] - The Director-General may authorise the holder of a license to fly an aircraft not entered in the aircraft rating of the license, for the purpose of testing or for specific special purpose non-revenue, non-passenger-carrying flight subject to the terms and conditions of such authorisation, and the authorisation shall be limited in validity to the time needed to complete the testing or the specific flight: Provided that the holder of the license produces evidence to show that he meets the requirements of competency as laid down by the Director-General for undertaking such flight: Provided further what when the aircraft is test flown, non-person, other than members of the operating crew, shall be carried on board the aircraft unless he is specifically authorised by the Director-General: Provided also that the test flight is carried out within the specified area and in accordance with the conditions stipulated by the Director-General in his behalf and prior notice of the flight is given to the officer-in-charge of the aerodrome from which the flight is to be made. Explanation.-For the purpose of this rule, the expression "specific special purpose non-revenue, non-passenger-carrying flight" includes flights authorised by the Central Government in the event of national or international crisis, natural calamities, emergencies or otherwise requiring such flights to carry material or goods for relief purposes.] ### 7. [ Documents to be carried on aircraft. [Substituted by G.S.R. 1202, dated 23.7.1976. ] (1) No person shall fly an aircraft unless valid documents, as required by the law of the country in which the aircraft is registered, are carried on board and are kept in such form and manner as laid down by that country. (2) An aircraft registered in India shall carry on board valid documents as required by these rules: Provided that where a license or other document has been submitted to a competent authority under these rules for renewal or other action, that fact shall be deemed a valid excuse for its not being carried on board the aircraft.] ### 7A. [ Prohibition of carriage of persons without passport. [Inserted by G.S.R. 1202, dated 23.7.1976. ] (1) No person-in-charge of any aircraft shall allow such aircraft to enter India from a place outside India unless all persons on board the aircraft are in possession of valid passports as required by rules for the time being in force made under the Indian Passport Act, 1920 (XXXIV of 1920).] (2) Where an aircraft is brought into India in contravention of sub-rule (1), any authority empowered by the Central Government generally or specially in this behalf may direct the owner or the person-in-charge of the aircraft to take on board and remove from India, or otherwise arrange for the immediate removal from India of the person or persons without valid passports, and the owner, or as the case may be, the person-in-charge, of the aircraft shall comply with such directions. ### 7B. Carriage of cock-pit check lists in aircraft. - Every aircraft registered in India shall carry Cock-pit Check Lists and Emergency Check Lists specified by the Director-General for that particular type of aircraft. Such lists shall be carried in the cock-pit of the aircraft readily accessible to the pilot in flight. ### 8. [ Carriage of arms, ammunition, explosives, military stores, etc. [Inserted by G.S.R. 601(E) , dated 27.9.2006 (w.e.f. 28.9.2006). ] (1) No person shall carry or cause or permit to be carried in any aircraft to, from, within or over India, any arms, ammunitions, munitions of war, implements of war, explosives and military stores, except with the written permission of the Central Government and subject to the terms and conditions of such permission. (2) Where the carriage of any goods is permitted under sub-rule (1), it shall be the duty of the pilot, the consignor and every person concerned with the booking, handling or carriage of such goods, to take all precautions to avoid danger to the aircraft or to the persons on board or to any other person or property and in particular, to ensure that- (a) the goods are so packed, protected and secured as to avoid any possibility of them being a source of danger; (b) the goods are so carried as not be accessible to the passengers on board the aircraft; and (c) the nature of the goods is clearly and conspicuously marked on the package containing them. (3) The consignor of such goods shall give the operator a written notice specifying the nature, weight and quantity of the goods and the name and full address of the consignee; and the operator shall inform the pilot-in-command of the aircraft of all such particulars before the goods are placed on board the aircraft. (4) Where any officer, authorised in this behalf by the Central Government, has reasons to believe that the provisions of this rule are, or are about to be, contravened, he may cause such goods to be placed under his custody pending detailed examination of the nature of the goods or pending a decision regarding the action, if any, to be taken in the matter.] ### 8A. [\* \* \*] [Omitted by Notification No. G.S.R. 481(E) , dated 15.5.2017 (w.e.f. 23.3.1937).] | | | --- | | [8-A. Security check of persons boarding aircraft at aerodrome. [Inserted by G.S.R. 315, dated 16.2.1979. ] - For the purpose of securing the safety of aircraft operations, every person boarding an aircraft at an aerodrome and his hand-baggage, if any, shall be liable to be searched at the aerodrome, by an officer authorised in this behalf by the Central Government, before such person proceeds to the aircraft for embarkation.] | ### 9. Radio-telegraph apparatus. (1) No person shall operate radio transmitting apparatus in any aircraft registered in India unless he holds a license of the type required by the provisions of Part V in respect of aircraft required by these rules to carry radio-telegraph or radio-telephone apparatus, as the case may be, and issued in accordance with those provisions. (2) Radio-transmitting apparatus carried in aircraft shall be operated under the conditions defined by the International Telecommunication Convention (Madrid, 1932) and the general radio-communication regulations annexed thereto as far as these apply and shall be operated only during the hours in which such operation is permitted by the Central Government. (3) Aircraft registered in India and required by these rules to carry radio-telegraph apparatus shall be fitted with such apparatus in accordance with the provisions of Part VII. (4) Nothing in this rule shall exempt any person from those provisions of the Indian Telegraph Act, 1885, and the rules made thereunder which require that radio-telegraph apparatus shall be licensed. [Note.-For the purpose of this rule, foreign registered aircraft falling under sub-rule (3) of rule 1 shall be deemed as aircraft registered in India and Indian registered aircraft falling under sub-rule (4) of rule 1 shall be deemed as aircraft not registered in India.] [Added by G.S.R. 20(E) , dated 12.1.1994. ] ### 10. Mails. - No person shall carry mails or allow mails to be carried in any aircraft except with the consent in writing of the Director-General of Posts and Telegraphs. ### 11. Aerodromes. (1) No pilot or person-in-charge of any aircraft carrying passengers for hire or reward shall use any place for a series of landings and departures, and no pilot or person-in-charge of any aircraft employed on a scheduled air transport service shall use any place as a regular place of landing or departure other than an aerodrome licensed or approved for the purpose in accordance with the provisions of Part XI. (2) No person being the proprietor of an aerodrome other than an aerodrome mentioned in sub-rule (1) shall permit the aerodrome to be used in contravention of that sub-rule. (3) No person other than the occupant of an aircraft manoeuvring in accordance with these rules may enter upon the landing area of an approved or licensed aerodrome without the consent of the person-in-charge of the aerodrome. ### 12. Prohibited areas. (1) No person shall fly or assist in flying an aircraft over any of the areas specified in Schedule I save in accordance with the conditions specified in that Schedule. (2) Every pilot, who, when flying an aircraft, finds himself above a prohibited area in contravention of sub-rule (1), shall, as soon as he is aware of the fact, give the signal of distress specified in [the rules of the Air referred to in rule 16] [Substituted by G.S.R. 672(E) , dated 12.10.2004 (w.e.f. 14.10.2004). ] , and shall land the aircraft as soon as possible outside the prohibited area at one of the nearest aerodromes in India: Provided that he shall not, unless compelled by stress of weather or other unavoidable, cause, fly further into the prohibited area nor commence to descend while still above the prohibited area. (3) When the signals prescribed in [the rules of the Air referred to in rule 16 to warn an aircraft that it is flying in the vicinity of restricted, prohibited or danger area] [Substituted by G.S.R. 672(E) , dated 12.10.2004 (w.e.f. 14.10.2004). ] are given, the pilot of the aircraft shall immediately change his course and fly away from the prohibited area. (4) When the [light signals from aerodrome control tower, as prescribed in the rules of the Air referred in rule 16] [Substituted by G.S.R. 672(E) , dated 12.10.2004 (w.e.f. 14.10.2004). ] are given, the pilot shall immediately give the signal referred to in sub-rule (2) of this rule and land the aircraft in accordance with that sub-rule. ### 13. Photograph at aerodromes or from aircraft in flight. - No person shall take, or cause or permit to be taken, at a Government aerodrome or from an aircraft in flight, any photograph except in accordance with and subject to the terms and conditions of a permission in writing granted by [the Director-General, a Joint Director-General, a Deputy Director-General or the Director of Regulations and Information] [Substituted by G.S.R. 813(E) , dated 21.11.2008 (w.e.f. 21.11.2008). ] of the Civil Aviation Department: Provided that the Director-General from time to time, may, by notification in the official Gazette, direct that these restrictions shall not apply to photography at any Government aerodrome, or within such limits of any Government aerodrome as may be specified in the [order] [[ The Director of Civil Aviation has, by S.O. 967(E) , dated 25th August, 2003, directed that the restrictions on photography at aerodromes as specified in rule 13 shall not apply in the terminal building of the Civil aerodromes. ]]. [\* \* \*] [Rule 13-A omitted by G.S.R. 401(E) , dated 14.6.2005 (w.e.f. 16.6.2005). ] ### 14. Aerial work and public transport reserved for certain aircraft. - No aircraft registered in accordance with Part IV in Category B shall be used as an aerial work aircraft or as a public transport aircraft: Provided that the Central Government may, from time to time, permit and impose restrictions on the performance of aerial work or public transport by aircraft other than those registered in accordance with Part IV in Category A, and such restrictions shall be deemed to have been effectively imposed if they have been notified in writing to the owner or operator of such aircraft [\* \* \*] [Omitted 'or by notification in the Official Gazette.' by Notification No. G.S.R. 481(E) , dated 15.5.2017 (w.e.f. 23.3.1937).] ### 15. [ Conditions to be complied with by aircraft in flight. [Substituted by Notification No. G.S.R. 721(E) , dated 23.6.2017 (w.e.f. 23.3.1937).] - No aircraft shall be flown unless the following conditions are complied with, namely:- (i) the aircraft possesses a valid certificate of airworthiness or special certificate of airworthiness issued by the Director-General; (ii) the aircraft shall be certified as airworthy and shall be maintained in accordance with the provisions of Part VI or in the case of an aircraft not registered in India, in accordance with the regulations of the State in which the aircraft is registered; (iii) all the terms or conditions on which the certificate of airworthiness or special certificate of airworthiness was granted shall be duly complied with; (iv) the aircraft shall carry on board its certificate of airworthiness or special certificate of airworthiness and any other certificate prescribed by Part VI, or by the regulations of the State in which the aircraft is registered, which it is required to carry on board: Provided that an aircraft not in compliance with the aforesaid conditions may be flown under a special flight permit issued by the Director-General under rule 55A subject to such conditions as may be specified in the special flight permit; Note. - For the purpose of this rule, foreign registered aircraft falling under sub-rule (3) of rule 1 shall be deemed as aircraft registered in India and Indian registered aircraft falling under sub-rule (4) of rule 1 shall be deemed as aircraft not registered in India.] | | | --- | | 15. Conditions to be complied with by aircraft in flight.-[(1) ] [Rule 15 renumbered as sub-Rule (1) thereof by G.S.R. 218, dated 13.3.1991. ] [No aircraft[other than the microlight aircraft] [Substituted by G.S.R. 1347, dated 27.11.1973. ] shall be flown unless the following conditions are complied with, namely]:-- (i) the aircraft shall be certified as airworthy and shall be maintained in airworthy condition in accordance with the provisions of Part VI or, in the case of an aircraft not registered in India, in accordance with the regulations of the State in which the aircraft is registered; (ii) all the terms or conditions on which the certificate of airworthiness was granted shall be duly complied with; (iii) the aircraft shall carry on board its certificate of airworthiness and any other certificates prescribed by Part VI, or by the regulations of the State in which the aircraft is registered, which it is required to carry on board. The certificate of airworthiness shall be carried in the pocket of the journey log book; (iv) the aircraft shall be fitted with and shall have in working order such instruments and equipment as are prescribed in Part VI for an aircraft of that class or description: [Provided that any aircraft may be flown within the close vicinity of an aerodrome or the place of its departure, without a valid certificate of airworthiness, for the purpose of test:] [Inserted by G.S.R. 1202, dated 23.7.1976. ] [Provided further that the Central Government may, by order in writing and subject to such conditions as may be contained in the order, exempt any aircraft from the operation of this rule.] [Substituted by G.S.R. 1202, dated 23.7.1976. ] (2) [ No microlight aircraft shall be flown unless the following conditions are complied with, namely:-- (i) the microlight aircraft is registered in the Civil Aircraft Register and meets the minimum design requirements which the Director-General may specify by general or special order; (ii) the microlight aircraft possesses a valid permit to fly issued by the Director-General, specifying the area of operation and the structural limitations relating to aerobatics, loading, engine and airspeed of the microlight aircraft; (iii) the microlight aircraft is fitted with such instruments and equipments and in such manner as provided in rule 57 of these rules; and (iv) the microlight aircraft with the requirements relating to maintenance standards and certification in accordance with rule 60 of these rules.] [Note.-For the purpose of this rule, foreign registered aircraft falling under sub-rule (3) of rule 1 shall be deemed as aircraft registered in India and Indian registered aircraft falling under sub-rule (4) of rule 1 shall be deemed as aircraft not registered in India.] [Added by G.S.R. 20(E) , dated 12.1.1994. ] [Inserted by G.S.R. 218, dated 13.3.1991. ] | ### 16. [ Rules of Air. [Substituted by Notification No. G.S.R. 481(E) , dated 15.5.2017 (w.e.f. 23.3.1937).] - Every person shall comply with the Rules of the Air issued by the Director-General in accordance with Annex 2 to the Convention as may be applicable to that person.] | | | --- | | 16. [ Rules of the air. [Substituted by G.S.R. 1225, dated 15.11.1959. ] - Every person shall comply with[the rules of the air issued by the Director-General in accordance with Annexure 2 to the Convention]as may be applicable to that person and every pilot and every person-in-charge of an aircraft shall take such steps as are practicable to secure that when the aircraft is in flight or is being manoeuvred on the land or water, the windows, wind-screens or side-screen of the aircraft through which the pilots obtain the view forward or sideways are maintained in such a condition as not to obstruct his view.] | ### 17. Production of licenses, etc. - Any license (other than a license issued under Part XIII), certificate, [authorisation and approval] [Inserted by G.S.R. 1202, dated 23.7.1976. ] , log book or document granted or required to be maintained under these rules shall, on demand for the purpose of inspection, by any Magistrate, [any police officer above the rank of sub-inspector, any Customs officer, any commissioned officer of the Naval, Military or Air Force of the Union, any gazetted officer of the Civil Aviation Department in Government of India] [Substituted 'any police officer above the rank of constable, any customs officer, any commissioned officer of the Naval, Military or Air Force of the Union, any Gazetted Officer of the Civil Aviation Department' by Notification No. G.S.R. 481(E) , dated 15.5.2017 (w.e.f. 23.3.1937).] , or any other person authorised by the Central Government by special or general order in writing in this behalf, be produced by the licensee or, in the case of an aircraft or of a licensed aerodrome, by the owner, hirer or person-in-charge thereof: Provided that any such license, certificate [authorisation and approval,] [Inserted by G.S.R. 1202, dated 23.3.1976. ] log book or document relating to an aircraft or its personnel which is not by these rules required to be carried in the aircraft shall be produced within seven days of the making of the demand. ### 18. Prevention of flights in contravention of the rules. (1) An authority authorised under section 8 of the Aircraft Act, 1934 (22 of 1934), to detain aircraft may do so by the issue of a written direction to the pilot or other persons for the time being in-charge of the aircraft to be detained, or by taking [or causing to be taken such other steps as may, in the opinion of such authority, be necessary to make the detention effective, including the use of force, denial of access by any person to the aircraft, removal of parts and components of the aircraft, defuelling of the aircraft or otherwise interfering with the aircraft] [Substituted by G.S.R. 1608, dated 12.10.1966. ] . If an aircraft detained by a person so authorised is housed or kept at a Government aerodrome, the housing or picketing charges normally applicable shall be payable in respect of the whole period during which it is detained. [(1-A) Officers of the Central Government or a State Government [\* \* \*] [Inserted by G.S.R. 1608, dated 12.10.1966. ] , employed at or in the neighbourhood of any airport, including the officers of police, naval, army, air force or customs department and such other officers of the Central Government or a State Government as may be specified by the Central Government by general or special order issued in this behalf shall, on being required to do so by the authority authorised under section 8 of the Aircraft Act, 1934 (22 of 1934) to detain an aircraft, assist such authority in detaining the aircraft and taking such steps as may, in the opinion of that authority, be necessary to make the detention effective.] (2) Any person acting in contravention of any direction given under this rule shall, without prejudice to any other penalty he may incur, be deemed to have acted in contravention of these rules. ### 19. Cancellation, suspension or endorsement of licenses, certificates, [authorisation and approval] [Substituted by G.S.R. 1202, dated 23.7.1976. ] . (1) Where any person is convicted of a contravention of, or failure to comply with, [these rules or any direction issued under rule 133-A in respect of any aircraft] [Substituted by G.S.R. 167(E) , dated 13.3.2009 (w.e.f. 13.3.2009). ] , the Central Government may cancel or suspend any certificate of registration granted under these rules relating to that aircraft.] (2) The Central Government may cancel or suspend any certificate granted under these rules relating to air worthiness of an aircraft or a type certificate of an aircraft component, or item of equipment, if the Central Government is satisfied that a reasonable doubt exists as to the-- [(a) safety of the aircraft or the type of aircraft; or (b) airworthiness of the aircraft component or item of equipment in respect of which a type certificate exists, and may vary any condition attached to any such certificate if the Central Government is satisfied that reasonable doubt exists as to whether such conditions afford a sufficient margin of safety.] [(2-A) Where the licensing authority is satisfied, after giving him an opportunity of being heard, that any person has contravened or failed to comply with these rules or any direction issued under rule 133-A, it may, for reasons to be recorded in writing, suspend or cancel or vary any particulars entered in any license, certificate, authorisation or approval granted by it, and may require the holder of the license, certificate, authorisation or approval to surrender the same for cancellation, suspension, endorsement or variation.] [Inserted by G.S.R. 167(E) , dated 13.3.2009 (w.e.f. 13.3.2009). ] (3) If the Central Government is satisfied that there is sufficient ground for doing so or, in the case of suspension during investigation that suspension is necessary in the public interest, it may, for reasons to be recorded in writing,-- [(a) suspend any certificate, rating or license, [authorisation and approval] or any or all of the privileges of any certificate, rating or license, [authorisation and approval] [Inserted by G.S.R. 1202, dated 23.7.1976. ] , for any specified period; (b) suspend any certificate, rating or license, [authorisation and approval] [Inserted by G.S.R. 1202, dated 23.7.1976. ] during the investigation of any matter; (c) cancel any certificate, rating or license, [authorisation and approval] [Inserted by G.S.R. 1202, dated 23.7.1976. ] ; or (d) endorse any adverse remarks on any certificate, rating or license, [authorisation and approval] [Inserted by G.S.R. 1202, dated 23.7.1976. ] .] [\* \* \*] [Substituted '(3-A) Where any person contravenes or fails to comply with these rules or any direction issued under rule 133-A relating to the operation of Microlight aircraft, the Central Government may cancel the certificate, rating or license, authorisation and approval granted, issued, authorised or approved, as the case may be; under these rules.' by Notification No. G.S.R. 721(E) , dated 23.6.2017 (w.e.f. 23.3.1937).] (4) The Central Government may cancel or vary any particulars entered by it or under its authority in any license or certificate, [authorisation and approval] [Inserted by G.S.R. 1202, dated 23.7.1976. ] granted or in any journey log book issued under these rules. (5) The Central Government may require the holder of any license, certificate, [authorisation and approval] [Inserted by G.S.R. 1202, dated 23.7.1976. ] or other document granted or issued under these rules, or any person having possession or custody of such license, certificate, [authorisation and approval] [Inserted by G.S.R. 1202, dated 23.7.1976. ] or document, to surrender the same to it for cancellation, suspension, endorsement or variation and any person failing to comply with any such requirement within a reasonable time shall be deemed to have acted in contravention of these rules. [Note.-The decision of the Central Government as to whether any ground constitutes sufficient ground for suspension of any certificate, rating, license, authorisation or approval in the public interest under the foregoing sub-rule shall be final and binding.] [Inserted by G.S.R. 1202, dated 23.7.1976.] ### 19A. [ Restrictions on licence, certificate, authorisation or approval. [Inserted by Notification No. G.S.R. 832(E) , dated 30.6.2017 (w.e.f. 23.3.1937).] (1) The Director-General may impose restrictions, as deemed fit, on any licence, certificate, authorisation or approval, (a) in the event of non-compliance with any condition imposed on the said licence, certificate, authorisation or approval; (b) if any safety concern that emerged during an inspection has remained unresolved beyond the period specified by the Director-General. (2) The Director-General may, during an inspection, direct any person not to exercise privileges of his licence or certificate if he is satisfied that there is sufficient ground for so doing and such direction shall be reduced in writing on the next working day along with reasons thereof, and further action for allowing the person concerned to exercise his privileges shall be taken thereafter in accordance with the process specified by the Director-General in this behalf.] [Substituted by G.S.R. 1238, dated 8.9.1962. ] ### 20. Certain rules not applicable to gliders and kites. - [Rule 7 shall not apply to gliders] [Substituted by G.S.R. 1238, dated 8.9.1962. ] , and rules 5, 6, 7, 12, 15, 17, 19 and the rules in Part III, with the exception of rule 26 in so far as it relates to the dropping of articles from aircraft, shall not apply to kites. Part III – GENERAL SAFETY CONDITIONS -------------------------------------- ### 21. Dangerous flying. - No person shall fly any aircraft in such circumstances as, by reason of low altitude or proximity to persons or dwellings or for other reason, to cause unnecessary danger to any person or property. ### 21A. [ General safety. [Inserted by Notification No. G.S.R. 832(E) , dated 30.6.2017 (w.e.f. 23.3.1937).] - No person shall, act in any manner, either directly or indirectly, so as to - (a) endanger safety and security of an aircraft or aircraft operation; (b) cause interference with the normal functioning of any facility established for the safe and secure operation of aircraft; or (c) obstruct or distract the functioning of any person entrusted with any responsibility towards ensuring safe and secure operation of aircraft. ### 21B. Aircraft in distress. (1) The Director-General may issue requirements to be followed by concerned persons for providing assistance to aircraft in distress in accordance with Annex 12 to the Convention. (2) Every person shall comply with the requirements issued by the Director-General under sub-rule (1).] [Substituted by G.S.R. 1202, dated 23.7.1976. ] ### 22. [ Assault and other acts of interference against a crew member [Substitued by Notification No. G.S.R. 766 (E) dated 17.9.2010 (w.e.f. 23.3.1937)] - No person shall, on board an aircraft, - (a) assault, intimidate or threaten, whether physically or verbally, a crew member which may interfere with the performance of the duties of the crew member or lessens the ability of the crew member to perform those duties; (b) refuse to follow a lawful instruction given by the Pilot-in-Command, or on behalf of the Pilot-in-Command by a crew member, for the purpose of ensuring the safety of the aircraft or of any person or property on board or for the purpose' of maintaining good order and discipline on board. ### 23. Assault and other acts endangering safety or jeopardizing good order and discipline (1) No person shall, on board an aircraft,- (a) assault, intimidate or threaten, whether physically or verbally, any person, (b) intentionally cause damage to or destroy any of property, (c) consume alcoholic beverages or drugs, which is likely to endanger the safety of the aircraft or of any person or jeopardizes the good order and discipline on board the aircraft. (2) For the purposes of rules 22 and 23, the jurisdiction of India shall, in addition to the applicability provided in rule 1 of these rules, also extend to any offence if the act constituting the offence took place on board any aircraft in flight outside India: Provided that - (a) the next landing of the aircraft is in India; and (b) the Pilot-in-Command has delivered the suspected offender to the competent authorities of India, with the request that the authorities prosecute the suspected offender and with the affirmation that no similar request has been or shall be made by the Pilot-in-Command or the operator to any other State.] ### 24. [ Prohibition on consumption of intoxicating and psychoactive substances. [Substituted by G.S.R. 485(E) , dated 28.6.2001, for Rule 24 (w.e.f. 28.6.2001). ] (1) No person acting as, or carried in aircraft for the purpose of acting as pilot, commander, navigator, engineer, cabin crew or other operating member of the crew thereof, shall have taken or used any alcoholic drink, sedative, narcotic or stimulant drug or preparation within twelve hours of the commencement of the flight or take or use any such preparation in the course of the flight, and no such person shall, while so acting or carried, be in a state of intoxication or have detectable blood alcohol whatsoever in his breath, urine or blood alcohol analysis or in a state in which by reason of his having taken any alcoholic, sedative, narcotic or stimulant drug or preparation, his capacity so to act is impaired, and no other person while in a state of intoxication shall enter or be in aircraft. (2) No operator operating a domestic air transport service in India shall serve any alcoholic drink on board such an air transport service and no passenger travelling on such a service shall consume any alcoholic drink while on board. (3) The holders of licenses shall not exercise the privileges of their licenses and related ratings while under the influence of any psychoactive substance which might render them unable to safely and properly exercise the privileges of the licenses and ratings. (4) The holders of licenses shall not engage in problematic use of substances.] ### 24A. [ Carriage of persons suffering from mental disorders or epilepsy in aircraft. [Substituted by S.R.O. 662, dated 20.2.1957. ] - No person shall knowingly carry or permit to be carried, or connive at the carriage of, a person suffering from any mental disorder or epilepsy in any aircraft: Provided that this prohibition shall not apply if the person to be carried is certified by a registered medical practitioner to be fit to travel by air without being a risk to other passengers or to the aircraft, and in addition,-- (a) has not taken or used any alcoholic drink or preparation within twelve hours of the commencement of the flight; (b) is kept under proper sedative, if in a state of excitement, during the flight and stops en route; and (c) is accompanied by an attendant, provided that in case he has been in a state of excitement requiring sedation within the two weeks preceding the date of commencement of the flight, he shall be accompanied by a registered .medical practitioner and adequate escort who shall individually and collectively be responsible for ensuring that no alcoholic drink or preparation is taken by the person in their charge and that such person is kept suitably sedated during the flight and stops en route]. ### 24B. [ Carriage of prisoners in aircraft. [Inserted by S.R.O. 139, dated 4.1.1954. ] - No prisoner shall be taken aboard or carried on an aircraft except under and in accordance with a permit in writing issued by the Director-General, [the Deputy Director-General,] the Director of Regulations and Information or any other officer of the Civil Aviation Department authorised by the Central Government in this behalf and subject to such condition, if any, as he may specify in the permit. Explanation.-The term "prisoner" means a person who is confined in any prison and includes a person who is arrested under any law for the time being in force.] ### 24C. [ Carriage of animals, birds and reptiles in aircraft. [Inserted by G.S.R. 2147, dated 12.11.1968. ] - No animal, bird or reptile shall be taken aboard or carried on any aircraft to, from and within India, except under and in accordance with a general or special permit in writing issued by the Director-General in this behalf, and subject to such conditions, if any, as may be specified therein.] ### 25. Smoking in aircraft. - [(1) The owner or the operator and the pilot-in-command of every aircraft registered in India, shall exhibit or cause to be exhibited in prominent place(s) in the aircraft notice(s) stating where and to what extent smoking is prohibited or permitted therein.] [Substituted by G.S.R. 1202, dated 23.7.1976. ] (2) A notice permitting smoking in such aircraft may be exhibited therein only if smoking in the aircraft is permitted by the certificate of airworthiness of the aircraft or by the direction of the Central Government and only in accordance with the conditions relating to smoking contained in such certificate or direction. (3) No person shall smoke-- [(a) in any part of an aircraft or in its vicinity, in which a notice is displayed indicating that smoking is prohibited. (b) anywhere in an aircraft during take-off, landing or refuelling or during a period in which a notice is temporarily displayed indicating that smoking is prohibited.] [Note.-For the purpose of this rule, foreign aircraft falling under sub-rule (3) of rule 1 shall be deemed as aircraft registered in India and Indian aircraft falling under sub-rule (4) of rule 1 shall be deemed as aircraft not registered in India.] [Inserted by G.S.R. 150(E) , dated 4.3.2009 (w.e.f. 4.3.2009). ] ### 25A. [ Fuelling of aircraft. [Substituted by G.S.R. 524, dated 23.4.1959. ] (1) No person shall fill or replenish the fuel tanks of an aircraft from vehicles or vessels containing petroleum in bulk or from fuel hydrant installations except from vehicles or installations of a type approved by the Chief Inspector of Explosives or from barges licensed under [the Petroleum Rules, 2002.] [Substituted by G.S.R. 1202, dated 23.7.1976. ] (2) During fuelling operations, which may include filling or draining of fuel tanks, the following precautions shall be observed- (a) fuelling of aircraft shall be done outdoors and not less than 15 metres from any building; (b) a "NO SMOKING" notice shall be prominently displayed; (c) smoking or use of an appliance employing naked flame or use of an appliance capable of producing a spark or in any other way igniting fuel vapours shall not be permitted within 30 metres of the aircraft or fuelling equipment; (d) aircraft engines shall not be started or turned and ignition switches shall be placed in the "OFF" position; (e) aircraft electrical radar and radio systems shall not be operated and the switches relating thereto shall remain in the "OFF" position: Provided that this clause shall not apply to electrical switches controlling the following circuits:-- (i) power and light essential for fuelling operations; (ii) minimum amount of cabin lighting; and (iii) steady parking lights. Such switches shall not be operated during the fuelling operations; (f) the use of ground power supply units, air-conditioning units, tractors and similar equipment shall be permissible subject to compliance with the following conditions:-- (i) flexible training cables suitable for use in hazardous areas shall be used; (ii) they shall be located outside the Danger Zone. "Danger Zone" is defined as the area within the largest polygon obtainable by joining point 3 metres away from the wings and the fuelling vehicle; (iii) the units, including the associated electrical equipment, shall be flame-proof and of a type approved by the Chief Inspector of Explosives; otherwise they shall be stationed at a distance of not less than 15 metres, in the case of gasoline or wide out fuels and 6 metres in the case of straight kerosine, from the aircraft and the fuelling vehicle; (iv) they shall not be switched "ON" or "OFF" during fuel transfer; (g) the fuelling equipment and the aircraft shall be bonded to each other and both shall be earthed; (h) no person other than the staff of the operator, fuelling company and officials of the Civil Aviation Department, Customs and Police, shall be permitted within 15 metres of the aircraft; (i) passengers may be permitted to embark, disembark, or remain in the cabin subject to the following conditions:-- (i) an attendant shall remain on duty in the cabin of the aircraft. The attendant shall ensure that no smoking takes place or other source of ignition is allowed to occur and shall assist in the removal of passengers in the event of fire; (ii) the passenger loading ramp shall be correctly positioned at the cabin exit door and adequate provision shall be made to maintain the equilibrium of the aircraft in case all passengers attempt to leave by one exit; (iii) in case of marine aircraft, adequate means of water transport shall be stationed at the cabin exit door; (j) the handling of freight and baggage in and around the aircraft shall not proceed simultaneously with fuelling unless adequate precautions have been taken to eliminate fire risk; (k) no aircraft maintenance shall be conducted which may provide a source of ignition for fuel vapour during fuelling operations; (l) fire extinguishers of adequate capacity and of suitable type, approved by the Director-General shall be available for immediate use near the aircraft; (m) in the event of fuel being spilled, fuelling must cease and the engine of the ground power supply units must be stopped, but the electrical circuits and switches should on no account be touched except for the purpose of stopping the power unit. Prior to recommencing fuelling, action must be taken to clean the spilled fuel. Fuel must not be washed into sewers or drains; (n) fuelling operations shall cease when a turbo-jet aircraft manoeuvres so as to bring the near jet outlets within 43 metres of the fuelling equipment or the aircraft.] Note. - The requirements of clause (f) of sub-rule (2) above shall not apply to the use of ground batteries as an auxiliary source of electric supply to the aircraft provided they are not connected or disconnected during fuelling operation. ### 25B. Housing of aircraft. (1) No aircraft containing dangerous petroleum in bulk in any of its tanks may be housed in a hanger unless such hanger is constructed of uninflammable material and is effectively and safely ventilated to the open air. (2) Every such hanger shall be in charge of a competent person who shall be responsible for taking all proper precautions against fire and shall prevent unauthorised persons from having access to the building. ### 26. [ Dropping of articles and descents by parachutes. [Substituted by G.S.R. 1567, dated 16.11.1962. ] (1) No person shall drop or project or cause or permit to be dropped or projected from an aircraft in motion anything except ballast in the form of fine sand or water: Provided that nothing in this rule shall be construed as preventing-- (a) in an emergency the dropping of liquid fuel; (b) in an emergency, the dropping of cargo over areas where hazard to persons or property outside the aircraft is not thereby created; (c) the dropping of message bags, smoke producing or other apparatus or materials dropped for the purpose of navigating an aircraft or communicating messages from an aircraft subject to the observance of such precautions as to the nature of the articles dropped and the place of dropping as will avoid risk of injuring persons or damaging property on the ground or water; (d) [ the dropping of separate sheets of paper containing printed matter or separate petals of flowers in any place if-- (i) the prior written permission of the District Magistrate or the Commissioner of Police is obtained in each case; (ii) the aircraft is suitable for dropping of these articles; (iii) the minimum safe heights specified in these rules are observed; and (iv) necessary precautions are taken to avoid injury or damage to persons property;] (e) the dropping of ropes used for towing aircraft. (2) No person shall, except in an emergency, descend by means of a parachute from an aircraft and no person shall drop or cause or permit to be dropped from an aircraft in flight any article, whether attached to a parachute or not, unless the descent is made or the article is dropped in accordance with and subject to any conditions or limitations contained in general or special order of the Central Government in writing in that behalf.] ### 27. Carriage of persons in unauthorised parts of aircraft. - No person shall at any time be carried on the wings or undercarriage of the aircraft, or on or in any other part thereof which is not designed for the accommodation of the personnel or passengers, or on or in anything attached externally to the aircraft: Provided that-- (a) nothing in this rule shall prevent a person having temporary access-- (i) to any part of the aircraft for the purpose of executing repairs to the aircraft or adjusting the machinery, or equipment thereof or for the purpose of doing anything which may be necessary for the safety of the aircraft or persons or goods carried therein; or (ii) to any part of the aircraft in which goods or stores are being carried and to which proper means of access is provided; and (b) a person may be carried on or in any part of the aircraft, or anything attached thereto, with the permission in writing of the Central Government and subject to any conditions which may be specified in such permission. ### 28. [ Minimum age for sole control of aircraft. [Substituted by G.S.R. 485(E) , dated 28.6.2001 (w.e.f. 28.6.2001). ] - No person being under 16 years of age shall have sole control of an aircraft in motion and no person shall cause or permit any other person to have sole control of an aircraft in motion unless he knows or has reasonable cause to believe such other person to have attained the age of 16 years.] ### 28A. [ Maximum age limit for professional pilots. [Substituted by G.S.R. 676(E) , dated 17.11.2005 (w.e.f. 19.11.2005). ] (1) No person, holding a pilot's license issued under these rules and having attained the age of sixty-five years, shall act as Pilot-in-Command or Co-pilot of an aircraft engaged in commercial air transport operations. (2) No person holding a pilot's license issued under these rules and having attained the age of sixty years, shall act as Pilot-in-Command or Co-pilot of an aircraft engaged in commercial air transport operations unless it is operated in a multi-crew environment and the other pilot is less has sixty years of age:] [Provided that the provisions of sub-rule (2) shall not apply in respect of aircraft certified for single pilot operations and not exceeding an all up weight of 5700 kilograms engaged in commercial air transport operations within the territory of India and while operating in a multi-crew environment.] [Inserted by G.S.R. 660(E) , dated 5.9.2008 (w.e.f. 19.9.2008). ] ### 29. Acts likely to imperil the safety of aircraft. - No person shall interfere with the pilot or with a member of the operating crew of an aircraft, or tamper with the aircraft or its equipment or conduct himself in a disorderly manner in an aircraft or commit any act likely to imperil the safety of an aircraft or its passengers or crew. ### 29A. [ Prohibition of operating civil aircraft causing sonic boom. [Inserted by G.S.R. 193, dated 29.1.1980. ] - No person shall operate a civil aircraft at a true flight match number greater than one over the territory of India or over the high seas in a manner which may cause or is likely to cause sonic boom over the territory of India. Note. - For the purpose of this rule, "the territory of India" shall include the territorial waters of India.] ### 29B. [ Prohibition on the use of portable electronic devices. [Inserted by G.S.R. 400, dated 28.7.2001. ] - No person shall operate, nor shall the operator or the pilot-in-command of an aircraft allow the operation of any portable electronic device on board an aircraft in flight [\*\*\*]:] [Provided that Pilot-in-Command may permit the use of cellular telephone by the passengers of a flight after the aircraft has landed and cleared active runway, except when the landing takes place in low visibility conditions as may be determined by the Director-General from time to time: Provided further that the provisions of this rule shall not apply to portable voice recorders, hearing aids, heart pacemaker, electric shavers or other portable electronic devices which, in opinion of the operator, do not cause interference with the navigation or communication system of the aircraft on which it is to be operated and for which such operator has obtained approval of the Director-General. Explanation. - For the purposes of this rule an aircraft shall be deemed to be in flight when all its external doors are closed following embarkation until the moment when any such door is opened for disembarkation.] [Substituted by Notification No. G.S.R. 726 (E) dated 3.9.2010] ### 29C. [ Adoption of the convention and annexes. [Inserted by G.S.R. 330(E) , dated 19.5.2005 (w.e.f. 20.5.2005). ] (1) The Director-General may lay down standards and procedures not inconsistent with the Aircraft Act, 1934 (22 of 1934) and the rules made thereunder to carry out the Convention and any Annex thereto.] (2) [ The Director-General shall formulate the State Safety Programme and oversee its implementation. Explanation.-For the purposes of this sub-rule, "State Safety Programme" means an integrated set of requirements and activities aimed at improving safety.] [Inserted by Notification No. G.S.R. 59(E) dated 31.1.2011 (w.e.f. 31.1.2011). ] ### 29D. [ Safety Management Systems. [Substituted by Notification No. G.S.R. 911 (E) , dated 16.9.2016 (w.e.f. 23.3.1937).] (1) Every organization which - (i) is holding a Scheduled or Non-Scheduled Operator's Permit issued under rule 134 or 134A, as the case may be; or (ii) is conducting operations of large or turbojet aeroplanes for general aviation; or (iii) is engaged in the operation of an aerodrome licensed under rule 78; or (iv) is engaged in the type design of aircraft; or (v) is engaged in manufacture of aircraft; or (vi) is a maintenance organization approved under rule 133B; or (vii) is a training organization approved under rule 41B; or (viii) is an air traffic service provider, shall establish and maintain a Safety Management System and prepare a Safety Management System Manual in such form and manner as may be specified by the Director-General and submit the same to the Director-General for acceptance. (2) The Director-General or any other officer authorized by him may, at any reasonable time carryout oversight of the Safety Management System and the concerned organization shall cooperate with the Director-General or the person so authorized to carry out the oversight. Explanation: - for the purpose of this rule, - (a) "Safety Management System" means the system as accepted by the Director-General under sub-rule (1); (b) "Safety Management System Manual" means the document as accepted by the Director-General under sub-rule (1); (c) "large aeroplane" means an aeroplane with all-up weight exceeding 5700 kilograms.] | | | --- | | 29D. Safety Management Systems.- (1) Every organization engaged in the operation of aircraft and aerodromes, provision of air traffic services, training of personnel, maintenance, design and manufacture of aeronautical products shall, - (a) establish and maintain Safety Management Systems; and (b) prepare a Safety Management Systems Manual in such form and manner as may be specified by the Director-General and submit the same to the Director-General for approval. (2) The Director-General or any other officer authorised by him in this behalf by general or special order in writing, may, at any reasonable time, inspect the Safety Management Systems and the concerned organization shall co-operate with the Director-General or the person so authorised to carry out the inspection. Explanation.- For the purposes of this rule, - (a) "Safety Management Systems" means a systematic approach to managing safety, including the necessary organizational structure, accountabilities, policies and procedures; (b) "Safety Management Systems Manual" means a document containing the information relating to the Safety Management Systems.] [Inserted by Notification No. G.S.R. 59(E) dated 31.1.2011 (w.e.f. 31.1.2011). ] | [PART IV] [Substituted by G.S.R. 1567, dated 16.11.1962. ] Registration And Marking Of Aircraft ### 30. Certificate of registration. - [(1) The authority empowered to register aircraft and to grant certificate of registration in India shall be the Central Government. The certificate of registration shall include the following particulars, namely] [Substituted by G.S.R. 1202, dated 23.7.1976. ] :-- Type of aircraft, [constructor's number, year of manufacture] [Substituted by G.S.R. 243(E) , dated 2.8.1996. ] , nationality and registration marks referred to under these rules, full name, nationality and address of the owner, usual station of aircraft and the [date of registration and the period of validity of such registration] [Substituted by G.S.R. 404(E) , dated 14.7.1997. ] : [Provided that in the case of leased aircraft, the certificate of registration shall also include the validity of the lease and the names, nationalities and addresses of the less or and the lessee.] [Substituted by G.S.R. 243(E) , dated 2.8.1996] [(1-A) The Central Government may, by general or special order issued from time to time, specify the period of validity of registration of the aircraft.] [Inserted by G.S.R. 404(E) , dated 14.7.1997. ] (2) An aircraft may be registered in India in either of the following categories, namely:- Category A-Where the aircraft is wholly owned either-- (i) by citizens of India; or (ii) by a company or corporation registered and having its principal place of business within India [\*\*\*]; [Words "and the Chairman and at least two--thirds of the Directors of which are citizens of India" omitted by by G.S.R. 28(E) - dated 17.1.2011 w.e.f. 17.1.2011 ] or (iii) [ by the Central Government or any State Government or any Company or Corporation owned or controlled by either of the said Governments;] [Substituted by G.S.R. 243(E) , dated 2.8.1996. ] (iv) [ by a company or corporation registered elsewhere than in India: [Inserted by G.S.R. 36, dated 7.1.1992 ] Provided that such company or corporation has given the said aircraft on lease to any person mentioned in sub-clause (i) , sub--clause (ii) or sub-clause (iii); and] Category B-Where the aircraft is wholly owned either-- (i) by persons resident in or carrying on business in India; who are not citizens of India, or (ii) by a company or corporation registered elsewhere than in India and carrying on business in India. (3) No aircraft in respect of which the conditions required in sub-rule (2) are not satisfied, or which is already validly registered in another country, shall be registered in India. (4) In a case where the usual station of an aircraft and its ordinary area of operation are not situated in India, the Central Government may decline to accept an application for registration of the aircraft in India, or, as the case may be, to permit the aircraft to remain registered in India, if, in its opinion, the aircraft could more suitably be registered in some other country. (5) In any particular case, the Central Government may decline to register an aircraft in India, if, in the circumstances of the case, it appears to it to be inexpedient in the public interest that the aircraft should be registered. (6) The registration of an aircraft registered in India may be cancelled at any time by the Central Government, if it is satisfied that-- [(i) such registration is not in conformity with the provisions of sub-rule (2); or (ii) the registration has been obtained by furnishing false information; or (iii) the aircraft could more suitably be registered in some other country; or (iv) the lease in respect of the aircraft, registered in pursuance of sub--clause (iv) of clause (a) of sub-rule (2) [has expired or has been terminated in accordance with terms of lease or]] (v) [ the certificate of airworthiness in respect of the aircraft has expired for a period of five years or more; or] [Inserted by G.S.R. 813(E) , dated 21.11.2008 (w.e.f. 21.11.2008). ] (vi) [] [Renumbered by G.S.R. 813(E) , dated 21.11.2008 (w.e.f. 21.11.2008). ] the aircraft has been destroyed or permanently withdrawn from use; or (vii) [] [Renumbered by G.S.R. 813(E) , dated 21.11.2008 (w.e.f. 21.11.2008) ] it is inexpedient in the public interest that the aircraft should remain registered in India.] (7) [ The registration of an aircraft registered in India, to which the provisions of the Cape Town Convention or Cape Town Protocol apply, shall be cancelled by the Central Government, [within five working days] [Inserted by Notification No. G.S.R. 78(E) , dated 9.2.2015 (w.e.f. 23.3.1937)] Protocol, if an application is received from IDERA Holder prior to expiry of the lease alongwith:- (i) the original or notarised copy of the IDERA; and (ii) a certificate that all Registered Interests ranking in priority have been discharged or the holders of such interest have consented to the deregistration and export: Provided that the deregistration of an aircraft by the Central Government under sub-rule (6) or sub-rule (7) shall not affect the right of any entity thereof, or any inter-governmental organization, or other private provider of public services in India to arrest or detain or attach or sell an aircraft object under its laws for payment of amounts owed to the Government of India, any such entity, organization or provider directly relating to the services provided by it in respect of that object.] [Substituted by G.S.R. 404(E) , dated 14.7.1997. ] ### 31. Nature of application. (1) Every application for a certificate of registration shall be accompanied by-- (a) such particulars relating to the aircraft and its ownership as may be required by the Central Government; (b) [ the fee prescribed in rule 35, which fee shall be refunded if the application is not granted; and] [Substituted by G.S.R. 1973, dated 5.8.1963. ] (c) in the case of an aircraft imported by air, a certificate signed by [the Assistant Commissioner of Customs ] [Substituted by G.S.R. 813(E) , dated 21.11.2008 (w.e.f. 21.11.2008). ] or any officer above the rank of Assistant Commissioner of Customs duty leviable in respect of it has been paid and stating the type and manufacturer's number of the aircraft and engine, and if the aircraft has been registered elsewhere, its registration markings. (2) An applicant for a certificate of registration may be required to produce proof of the truth of the statements contained in his application. ### 32. Aircraft imported by air. - When an application is made for the registration of an aircraft before its import into India, for the purpose of the import of the aircraft by air, a temporary certificate of registration may, subject to the conditions of sub-rule (3) of rule 30, be granted by the Central Government to the owner of the aircraft complying with clauses (a) and (b) of sub-rule (1) of rule 31. Such temporary certificate shall be valid only until the landing of the aircraft at a customs aerodrome in India, when the certificate shall be delivered by the pilot or other person-in-charge to [the Director-General] [Substituted 'the local Aerodrome Officer' by Notification No. G.S.R. 481(E) , dated 15.5.2017 (w.e.f. 23.3.1937).] . Thereafter, on production by or on behalf of the owner of the aircraft of the certificate mentioned in clause (c) of sub-rule (1) of rule 31, the certificate or registration may be granted by the Central Government: [\* \* \*] [Omitted 'Provided that, if an aircraft in respect of which a temporary certificate of registration has been issued, is imported otherwise than by air, such temporary certificate shall cease to be valid on the date of import of the aircraft and the temporary certificate shall forthwith be delivered by the owner to the Director--General, and thereafter the certificate of registration may be granted by the Central Government.' by Notification No. G.S.R. 481(E) , dated 15.5.2017 (w.e.f. 23.3.1937).] ### 32A. [ Export of aircraft. [Inserted by Notification No. G.S.R. 295 (E) , dated 23.3.2017 (w.e.f. 23.3.1937).] - Without prejudice to the proviso to rule 30, the Central Government shall, consequent upon cancellation of registration of an aircraft under sub-rule (7) of rule 30, if an application is made by IDERA Holder for export of the same aircraft, take action within five working days to facilitate the export and physical transfer of the aircraft, along with spare engine, if any, subject to compliance with applicable safety rules and regulations relating to that aircraft operation.] ### 33. [ Change in ownership. [Substituted by G.S.R. 1202, dated 23.7.1976. ] - In the event of any change in the ownership of registered aircraft, or if a registered aircraft ceases to be owned wholly either by a person or by a company or corporation fulfilling the conditions set out in rule 30, then-- (a) the registered owner of the aircraft shall forthwith notify to the Director-General such change of ownership or, as the case may be, that the aircraft has ceased to be so owned; (b) any person, company or corporation who becomes the owner of an aircraft registered in India (hereinafter referred to as the New Owner) shall forthwith inform the Director-General in writing of the fact of his ownership of the aircraft and may make an application for a certificate of registration; such application shall be made in such form and shall contain such particulars as the Director-General may direct. Until such application is made and the certificate of registration is granted to the new owner, it shall not be lawful for any person to fly or assist in flying such aircraft except in accordance with and subject to a permission in writing of the Director-General; (c) the registration and the certificate thereof shall remain valid until such registration and certificate have been cancelled by the Director--General;] [\* \* \*] [Clause (d) omitted by G.S.R. 404(E), dated 14.7.1997. ] ### 34. [\* \* \*] [Rule 34 omitted by G.S.R. 404(E) , dated 14.7.1997. ] ### 35. [ Registration fees. [Substituted by G.S.R. 194, dated 1.2.1980 as corrected by G.S.R. 540, dated 26.4.1990. ] - [(1) The following fee shall be payable in respect of a certificate of registration for an aircraft having maximum permissible take-off weight:-- | | | | | --- | --- | --- | | (i) | of 15,000 kilograms or less | : Rs. 20,000/- | | (ii) | exceeding 15,000 kilograms, for every 1,000 kilograms or part thereof | : Rs. 5,000/- | Note.-For the purpose of this sub-rule, the maximum take-off weight shall be as indicated in the Flight Manual of the aircraft.] (2) Where the original certificate of registration is lost or destroyed, a duplicate thereof may be issued on payment of [ten percent of the fee payable under sub-rule (1)] [Substituted by G.S.R. 181(E) , dated 29.3.2006 (w.e.f. 1.4.2006). ] . (3) [ A temporary certificate of registration referred to in rule 32, may be issued on payment of twenty-five percent of the fee payable under sub-rule (1).] [Substituted by G.S.R. 181(E) , dated 29.3.2006 (w.e.f. 1.4.2006). ] [(3-A) The certificate of registration may be renewed on payment of fifty percent of the fee payable under sub-rule (1) .] [Inserted by G.S.R. 181(E) , dated 29.3.2006 (w.e.f. 1.4.2006). ] (4) All fees payable under this rule shall be paid by crossed Indian Postal Order/Demand Draft payable to the [Pay and Accounts Office, Director-General of Civil Aviation, Ministry of Civil Aviation, New Delhi.] [Substituted by G.S.R. 101(E) , dated 19.2.2009 (w.e.f. 19.2.2009). ] ### 36. [ Register of aircraft. [Substituted by G.S.R. 1202, dated 23.7.1976. ] - A register of aircraft registered in India shall be maintained by the Director-General and shall include the particulars as provided for in respect of certificate of registration in rule 30. Such a register shall be open to inspection by members of the public at such times and subject to such conditions as may be specified by the Director-General.] ### 37. Nationality and registration marks, how to be affixed. - The following provisions of this rule shall have effect with respect to the marks to be borne by aircraft registered in India-- (1) The nationality mark of the aircraft shall be the capital letters VT in Roman character and the registration mark shall be a group of three capital letters in Roman character assigned by the Director-General. The letters shall be without ornamentation and a hyphen shall be placed between the nationality mark and the registration mark. (2) The nationality and registration marks-- [(a) shall be painted on the aircraft or shall be fixed thereto by any other means ensuring a similar degree of permanency in the form and manner as specified by the Director-General, from time to time; (b) shall be inscribed together with full name and address of the registered owner of the aircraft on the owner's name plate in the form and manner specified by the Director-General from time to time; and (c) shall always be kept clean and visible.] ### 37A. Use of State marks. (1) An aircraft shall not bear on any part of its exterior surface any advertisement or any sign or lettering except those under these rules and as required or permitted by the Director-General. (2) The name of an aircraft and the name and emblems of the owner of the aircraft may be displayed on the aircraft if the location, size, shape and colour of the lettering and signs do not interfere with easy recognition of, and are not capable of confusion with, the nationality and registration marks of the aircraft. (3) An aircraft other than a State aircraft shall not bear any mark or sign prescribed for use by a State aircraft. (4) National flags or colours may be displayed on the aircraft in such a manner that they are distinct and are not likely to create confusion with the markings used by military aircraft.] [Substituted by G.S.R. 1202, dated 23.7.1976] Part V – PERSONNEL OF AIRCRAFT -------------------------------- ### 38. [ Licensing authority. [Substituted by G.S.R. 1238, dated 8.9.1962. ] - [(1) ] The authority by which the licenses and ratings specified below may be granted, renewed or varied shall be the Central Government, which may withhold the grant or renewal of a license or a rating, if for any reason it considers it desirable to do so-- (a) [ Student Pilot's License (for aeroplanes, helicopters, gliders, balloons and microlight aircraft and light sport aircraft);] [Substituted by Notification No. G.S.R. 721(E) , dated 23.6.2017 (w.e.f. 23.3.1937).] (b) [ Private Pilot's License (for aeroplanes and helicopters),] [Substituted by G.S.R. 637(E) , dated 4.10.1993. ] (c) Commercial Pilot's License (for aeroplanes and helicopters), [\* \* \*] [Clause (d) omitted by G.S.R. 870(E), dated 22.12.2008 (w.e.f. 22.12.2008). ] [[(d) ] [Substituted by G.S.R. 637(E) , dated 4.10.1993. ] Airline Transport Pilot's License (for aeroplanes and helicopters), ] [[(e) ] [Substituted by G.S.R. 485(E) , dated 28.6.2001 (w.e.f. 28.6.2001). ] Instrument Rating (for aeroplanes and helicopters)], [[(f) ] [Substituted by G.S.R. 637(E) , dated 4.10.1993. ] Assistant Flight Instructor's Rating (for aeroplanes and helicopters),] (g) [] [Renumbered by G.S.R. 870(E) , dated 22.12.2008 (w.e.f. 22.12.2008). ] Flight Instructor's Rating (for [aeroplanes and helicopters] [Substituted by G.S.R. 870(E) , dated 22.12.2008 (w.e.f. 22.12.2008) ] ), (h) [ Pilot's License (for gliders, balloons and microlight aircraft and light sport aircraft),] [Substituted by Notification No. G.S.R. 721(E) , dated 23.6.2017 (w.e.f. 23.3.1937).] [[(i) ] [Substituted by G.S.R. 485(E) , dated 28.6.2001(w.e.f. 22.12.2008) ] Student Flight Navigator's License,] (j) [] [Renumbered by G.S.R. 870(E) , dated 22.12.2008 (w.e.f. 22.12.2008). ] Flight Navigator's License, (k) [] [Renumbered by G.S.R. 870(E) , dated 22.12.2008 (w.e.f. 22.12.2008). ] Student Flight Engineer's License, (l) [] [Renumbered by G.S.R. 870(E) , dated 22.12.2008 (w.e.f. 22.12.2008). ] Flight Engineer's License, (m) [] [Renumbered by G.S.R. 870(E) , dated 22.12.2008 (w.e.f. 22.12.2008). ] Flight Radio Telephone Operator's License, [[(n) ] [Substituted by G.S.R. 485(E) , dated 28.6.2001 (w.e.f. 28.6.2001).] Flight Radio Telephone Operator's License (Restricted) ,] [\* \* \*] [Clauses (p) and (q) omitted by G.S.R. 485(E), dated 28.6.2001 (w.e.f. 28.6.2001). ] [\* \* \*] [Clauses (p) and (q) omitted by G.S.R. 485(E), dated 28.6.2001 (w.e.f. 28.6.2001). ] [\* \* \*] [Omitted '(2) The Senior Commercial Pilot's License (for aeroplanes) specified under clause (d) and the Flight Instructor's Rating (for gliders and for balloons) specified under clause (h) of sub-rule (1) shall cease to be granted with effect from a date to be notified by the Central Government.' by Notification No. G.S.R. 481(E), dated 15.5.2017 (w.e.f. 23.3.1937).] ### 38A. [ Carriage of operating crew. [Inserted by G.S.R. 1238, dated 8.9.1962. ] - Subject to the provisions of rules 6, 6-A and 6-B, every aircraft registered in India shall comply with such of the following requirements in respect of the personnel which it carries and by which it is operated as are applicable to the aircraft and type of operation concerned, namely:-- (1) Pilot.-(a) Private aircraft.-Every private aircraft shall be flown by a person holding a valid pilot's license issued in accordance with Schedule II: Provided that:-- (i) a private aircraft shall not be flown by a person holding a Student Pilot's License; (ii) a private aircraft shall not be flown by a person holding a Private Pilot's License for remuneration or hire of any kind; (iii) a private aircraft carrying passengers at night, shall not be flown by a person holding a Private Pilot's License, without having a valid [Instrument Rating]. (b) Public transport and aerial work aircraft.-Every public transport or aerial work aircraft (other than a microlight or a glider or a balloon) shall be flown by a person holding an appropriate professional pilot's license, i.e., a Commercial, [\* \* \*] [Omitted 'Senior Commercial' by Notification No. G.S.R. 481(E) , dated 15.5.2017 (w.e.f. 23.3.1937).] or Airline Transport Pilot's License issued in accordance with Schedule II: Provided that an aircraft other than a microlight, a glider or a balloon which is the property of or is being used by a duly constituted flying/gliding/ballooning/aerosport club may be flown by a person holding a Student Pilot's or a Private Pilot's License for the purpose of receiving instructions or for qualifying, renewal of a license or for issue of a higher category of license: Provided further that an aircraft other than a microlight or a glider or a balloon which is the property of, or being used by, a duly constituted flying/gliding/ballooning/aerosport club flown by a member and carrying a person otherwise than for the purpose of instructing such person in flying, shall not for the purpose of this rule, be deemed to be flown for public transport, if however, in respect of such carriage, payment is made, either directly on indirectly, to the pilot of the aircraft or the pilot of the aircraft is a paid employee of the flying/gliding/ballooning/aerosport club, the aircraft shall be deemed to be flown for public transport. (2) [Flight Instructor or Assistant Flight Instructor [Substituted by G.S.R. 637(E) , dated 4.10.1993. ] .-(a) Every aircraft which is being used for the purpose of giving dual instructions in piloting shall carry a person holding an appropriate professional pilot's license, that is, a Commercial, Senior Commercial or Airline Transport Pilot's License or Pilot's License (Microlight, Gliders and Balloons) as the case may be, which has an appropriate Flight Instructor's or Assistant Flight Instructor's rating in accordance with Schedule II, or an authorisation issued in writing by the Director-General. (b) No person other than a person having a Flight Instructor's or Assistant Flight Instructor's rating shall impart instructions in piloting in aircraft, unless he has been specifically authorised in writing by the Director-General to impart such instructions. (3) Flight Navigator.-Every public transport aircraft engaged on a flight without landing over a great circle distance of more than six hundred NMs and not equipped with the navigational equipment capable of providing instant and continuous ground position of the aircraft with adequate stand-by arrangements, shall carry on board a Flight Navigator licensed in accordance with Schedule II, if the total distance between any two consecutive radio navigational fixing aids located within thirty NMs of the route of the proposed. flight and capable of being used by the aircraft is more than six hundred NMs: Provided that the Director-General may require a Flight Navigator to be carried on board an aircraft on any flight.] (4) Flight Engineer.-Where a Flight Engineer is required to be carried on board an aircraft as flight crew member under sub-rule (7), he shall be a person holding the appropriate license in accordance with Schedule II. [\* \* \*] [Clause (5) omitted by G.S.R. 485(E), dated 28.6.2001 (w.e.f. 28.6.2001). ] (6) Flight Radio Telephone Operator.-An aircraft which is equipped or required to be equipped with radio apparatus in accordance with rule 63 and which communicates by radio telephony, shall carry a person [holding a Flight Radio Telephone Operator's License or Flight Radio Telephone Operator's License (Restricted), as the case may be,] [Substituted by G.S.R. 485(E) , dated 28.6.2001 (w.e.f. 28.6.2001). ] issued in accordance with Schedule II, to operate radio apparatus on such aircraft. (7) Minimum crew for any flight.-The number and description of the flight crew members operating any flight of an aircraft registered in India shall be- (a) if a certificate of airworthiness in respect of the aircraft is in force at least the number and description of persons specified as the minimum operating crew for that aircraft in the certificate of airworthiness; (b) if no certificate of airworthiness in respect of the aircraft is in force, but a certificate of airworthiness in respect of that aircraft has previously been in force, at least the number and description of persons specified as the minimum operating crew in the certificate of airworthiness last in force of that aircraft; (c) if no certificate of airworthiness in respect of the aircraft is or has been in force and the aircraft is a series aircraft conforming with a prototype or prototype (modified) aircraft in respect of which a certificate of airworthiness has been issued, at least the number and description of persons specified as the minimum operating crew in that certificate of airworthiness; (d) in all other cases, at least such number and description of persons sufficient to ensure the safety of the aircraft as may be approved by the Director-General.] [Note.-For the purpose of this rule, foreign registered aircraft falling under sub-rule (3) of rule 1 shall be deemed as aircraft registered in India and Indian registered aircraft falling under sub-rule (4) of rule 1 shall be deemed as aircraft not registered in India.] [Added by G.S.R. 20(E) , dated 12.1.1994. ] ### 38B. [ Carriage of cabin crew. [Substituted by Notification No. G.S.R. 481(E) , dated 15.5.2017 (w.e.f. 23.3.1937).] (1) No aircraft registered in India shall be operated for public transport of passengers unless the following minimum number of cabin crew are on board the aircraft for the purpose of performing such duties as may be assigned in the interest of the safety of passengers, by the operator or the Pilot-in-command of the aircraft, namely: | | | | | --- | --- | --- | | (a) | For an aeroplane having a seating capacity of not less than 10 and not more than 50 passengers. | One cabin crew | | (b) | For a helicopter having a seating capacity of not less than 20 and not more than 50 passengers. | One cabin crew | | (c) | For an aeroplane or a helicopter cabin having seating capacity of more than 50 passengers | Two cabin crew Plus one cabin crew for each unit (or part of a unit) of 50 passengers seats above a seating capacity of 99 passengers. | (2) Notwithstanding anything contained in sub-rule (1), if any higher number is specified by the aircraft manufacturer for the type of aircraft being used, then that minimum number of crew members shall be carried on-board: Provided that in case of multi-aisles (single or multi-deck) at least one crew member for each floor level exit and for the purpose of certification, if any higher number of crew member is required to conduct emergency evacuation demonstration then that number of crew member shall be carried on board. (3) The cabin crew shall be located- (a) during take-off and landing as near as possible to the floor level exits; and (b) at any other time, at a suitable place in the aircraft, so as to provide the most effective exit of passengers in the event of emergency evacuation. (4) An operator shall ensure that every member of cabin crew meets the requirements of age, qualification, training and medical assessment as specified by the Director-General from time to time. (5) Every member of cabin crew shall, before being detailed for duty on board the aircraft, successfully complete an approved course of training followed by periodical approved refresher course concerning evacuation procedure, location and use of emergency equipment and any other requirement as specified by the Director-General. (6) Whenever two or more cabin crew members are assigned to a flight, the operator shall nominate an experienced cabin crew member as a senior cabin crew member who shall be responsible to the Pilot-in-Command for the conduct and coordination of cabin safety and emergency procedure specified in the Operations Manual: Provided that the senior cabin crew member has a minimum of one year's experience as cabin crew and has successfully undergone the training as specified by the Director-General. (7) The operator shall cause checks of proficiency in carrying out safety and emergency duties by each cabin crew after completion of training as per sub-rule (5) and the checks shall be conducted by the Instructors approved, and having qualifications specified, by the Director-General. (8) No cabin crew shall perform duties on more than three types of aircraft. Explanation. - For the purposes of this sub-rule, types of aircrafts shall be considered to be different types if they are not similar in all the following aspects, namely:- (a) emergency exit operation; (b) location and type of safety equipment; and (c) emergency procedures. (9) The Director-General may, if he is of the opinion that it is expedient so to do, by order and for reasons to be recorded in writing, waive fully or partially, the requirement of sub-rule (1).] | | | --- | | [38-B. Carriage of cabin crews. [Substituted by G.S.R. 383, dated 11.7.2001 (w.e.f. 21.7.2001). ] - (1) No aircraft registered in India shall be operated for public transport of passengers unless the following minimum number of cabin crew are on board the aircraft for the purpose of performing such duties as may be assigned in the interest of the safety of passengers, by the operator or the Pilot-in-command of the aircraft, namely:-- {| | | (a) | For an aeroplane having a seating capacity of not less than 10 and not more than 50 passengers. | One cabin crew. | | (b) | For a helicopter having a seating capacity of not less than 20 and not more than 50 passengers. | One cabin crew. | | (c) | For an aeroplane or a helicopter having a seating capacity of more than 50 Passengers. | Two cabin crew plus one cabin crew for each unit (or part of a unit) of 50 passengers seats above a seating capacity of 99 passengers. | (2) The cabin crew shall be located-- (i) during take-off and landing, as near as possible to the floor level exits, and (ii) at any other time, at some suitable place in the aircraft, so as to provide the most effective exit of passengers in the event of emergency evacuation. (3) An operator shall ensure that each cabin crew member-- (a) is not less than 18 years of age; (b) has passed 10+2 examination from a recognised Board or University; (c) has passed an initial medical examination or assessment and has been found medically fit to discharge the duties specified in the Operations Manual; (d) remains medically fit to discharge the duties specified in the Operations Manual; and (e) is competent to perform the duties as cabin crew as specified in the Operations Manual. (4) Whenever two or more cabin crew members are assigned to a flight, the operator shall nominate an experienced cabin crew member as a senior cabin crew member who shall be responsible to the Pilot-in-Command for the conduct and co-ordination of cabin safety and emergency procedures specified in the Operations Manual: Provided that the senior cabin crew member has a minimum of one year's experience as cabin crew and has successfully undergone relevant training as required under sub-rule (5) . (5) Each cabin crew shall successfully undergo the following training programme duly approved by the Director-General, namely:-- (a) Initial training before undertaking type training; (b) Type training before being assigned to operate as cabin crew member on a particular type of aircraft, or assigned to operate another aircraft type; (c) Differences training before operating on a variant of an aircraft type currently operated, or with different equipment, equipment location, or safety procedures on currently operated aircraft type or variants; (d) Familiarisation flights to be undertaken by the cabin crew after undergoing type training prior to operating a cabin crew member; (e) Recurrent training covering the actions assigned to each crew member in evacuation and appropriate normal and emergency procedures and drills relevant to the type(s) and/or variant(s) of aircraft every 12 calendar months; and (f) Refresher training for cabin crew member who have been absent from flying duties for more than 6 months. (6) The operator shall cause checks of proficiency in carrying out safety and emergency duties by each cabin crew after completion of training under sub-rule (5) and the checks shall be conducted by the Instructors approved, and having qualifications specified, by the Director-General. (7) No cabin crew shall perform duties on more than three types of aircraft. Explanation.-For the purposes of this sub-rule, types of aircrafts shall be considered to be different types if they are not similar in all the following aspects, namely:-- (a) emergency exit operation; (b) location and type of safety equipment; and (c) emergency procedures. (8) The Director-General may, if he is of the opinion that it is expedient so to do, by order and for reasons to be recorded in writing, waive fully or partially, the requirement of sub-rule (1).] [Note.-For the purpose of this rule, foreign aircraft falling under sub-rule (3) of rule 1 shall be deemed as aircraft registered in India and Indian aircraft falling under sub-rule (4) of rule 1 shall be deemed as aircraft not registered in India.] [Inserted by G.S.R. 150(E) , dated 4.3.2009 (w.e.f. 4.3.2009). ] |} [\* \* \*] [Rule 39 omitted by G.S.R. 1238, dated 8.9.1962. ] ### 39A. [ Disqualification from holding or obtaining a license. [Inserted by G.S.R. 1238, dated 8.9.1962. ] (1) Where the licensing authority is satisfied, after giving him an opportunity of being heard, that any person-- (a) is habitually intemperate in the use of alcohol, or is an addict of narcotics, drugs and the like, or (b) is using, has used or is about to use an aircraft in the commission of a cognizable offence or in contravention of these rules, or (c) has, by his previous conduct as member of the crew of an aircraft, shown that he is irresponsible [in the discharge of his duties connected with his employment] or is likely to endanger the safety of the aircraft or any person or thing carried therein, or of other aircraft or persons or things on the ground, or (d) [ is a habitual criminal or has been convicted by a Court in India for an offence involving moral turpitude or an offence which amounts to heinous crime, or] [Inserted by G.S.R. 218, dated 13.3.1991. ] (e) [ has obtained the license, rating, aircraft type rating or extension of aircraft type rating, or renewal of any of them by suppression of material information or on the basis of wrong information, or] [Substituted by G.S.R. 485(E) , dated 28.6.2001 (w.e.f. 28.6.2001). ] (f) [ has unauthorisedly varied or tempered with the particulars entered in a license or rating,] [Inserted by G.S.R. 485(E) , dated 28.6.2001 (w.e.f. 28.6.2001). ] the licensing authority may, for reasons to be recorded in writing, make an order disqualifying that person for a specified period from holding or obtaining a license. (2) The Central Government may debar a person permanently or temporarily from holding [any license or rating mentioned in] [Substituted by G.S.R. 485(E) , dated 28.6.2001 (w.e.f. 28.6.2001). ] rule 38 if in its opinion it is necessary to do so in the public interest. (3) Upon the issue of any order under sub-rule (1) or sub-rule (2), the person affected, if he is the holder of a license, shall forthwith surrender his license to the licensing authority, if the license has not already been surrendered. The licensing authority shall keep the license until expiry of the period for which the person has been disqualified or debarred, or if he has been debarred permanently, for a period of 5 years.] ### 39B. [ Medical standards. [Substituted by G.S.R. 1238, dated 8.9.1962. ] (1) No license or rating referred to in rule 38, required for any of the personnel of the aircraft, shall be issued or renewed unless the applicant undergoes a medical examination with an approved medical authority and satisfies the medical standards as notified by the Director-General: Provided that if in the opinion of the approved medical authority the condition of the applicant is not such as to introduce any hazard either of sudden incapacity or of inability to perform his duties safely during the period of validity of his license or rating and failure to attain the requirement is capable of being compensated and the Director-General has satisfactory evidence that the applicant has already acquired and demonstrated his ability, skill and experience which compensate for his deficiency, the license or rating may be renewed or endorsed with any special limitation when the safe performance of flight duties is dependant on compliance with such limitations: Provided further that, in the case of a member of the operating crew of an aircraft engaged in public transport or aerial work who is on duty in the territory of a foreign country where medical centres recognised by the Director-General do not exist, the Director-General may renew the license or rating for two consecutive periods of three months each without the candidate having successfully undergone the prescribed medical examination if such candidate produces a medical certificate from a registered practitioner in modem medicine declaring his fitness in accordance with the prescribed medical standards. [Explanation. - For the purposes of this sub-rule "approved medical authority" means a medical authority approved by the Director-General.] (2) The Director-General may require a member of any flight crew to undergo a medical examination by any Medical Authority at any time, if, in his opinion, such examination is necessary in the interest of safety of operations.] ### 39C. [ Period of validity of medical fitness Assessment and Licences. [Substituted by Notification No. G.S.R. 11 (E) dated 10.1.2011 (w.e.f. 23.3.1937)] (1) The period of validity of medical fitness assessment and licence in respect of various categories shall be as specified in the following table, namely:- | | | | | | --- | --- | --- | --- | | | Category of licence | Validity of medical fitness assessment | Validity of licence | | | (1) | (2) | (3) | | (i) | Airline Transport Pilot's Licence (aeroplanes of helicopters) | Twelve months | [Five years] [Substituted by Notification No. G.S.R. 32 (E) dated 13.1.2015 (w.e.f. 23.3.1937)] | | (ii) | Commercial Pilot's Licence (aeroplanes or helicopter), Flight Navigator's Licence and Flight Radio Telephone Operator's Licence. | Twelve months | Five years | | (iii) [ [Substituted by Notification No. G.S.R. 721(E) , dated 23.6.2017 (w.e.f. 23.3.1937).] | Student Pilot's Licence (aeroplanes or helicopters or microlight aircraft or gliders or balloons), Student Flight Navigator's Licence and Student Flight Engineer's Licence | Twenty-four months | Five years | | (iv) | Private Pilot's Licence (aeroplanes or helicopters), Pilot's Licence (microlight aircraft or light sport aircraft or gliders or balloons), Flight Radio Telephone Operator's Licence (Restricted) and Flight Engineer's Licence | Twenty-four months | Ten years] | (2) The period of validity of the initial medical fitness assessment shall commence from the date of the medical examination. (3) In case of renewal, the period of validity of medical fitness assessment shall commence from the date following the date of expiry of the previous medical fitness assessment, subject to the condition that the medical examination for renewal has been conducted within a period of not more than one month preceding the date of expiry of the previous validity. (4) In cases other than those referred to in sub-rule (3), the validity of the renewal of the medical fitness assessment shall commence from the date of the medical examination. (5) The period of validity of medical fitness assessment in respect of the licences specified against items (i) and (ii) of the table under sub-rule (1) shall be reduced to half after the holder of the licence has attained the age of sixty years. (6) The period of validity of a licence shall commence from the date of issue of the licence. (7) In case of renewal, the period of validity of the licence shall commence from the date following the date of expiry of the previous validity of the licence, subject to the condition that the application for renewal has been submitted within a period of not more than one month preceding the date of expiry of the previous validity. (8) In cases other than those referred to in sub-rule (7), the validity of renewal of the licence shall commence from the date of renewal of the licence.] ### 40. Signature of license holder. - On the issue of a license to an applicant he shall forthwith sign his name on the license as the holder thereof with his ordinary signature. ### 41. [ Proof of competency. [Substituted by G.S.R. 1238, dated 8.9.1962. ] - Applicants for licenses and ratings shall produce proof of having acquired the flying experience and having passed satisfactorily the test and examinations specified in Schedule II in respect of the license or rating concerned: [Provided that a person who is a qualified pilot from Indian Air Force, Indian Navy [Indian Army or Indian Coast Guard] and who produces satisfactory evidence to show that he possesses the necessary flying experience, competency and standards of physical fitness as required under these rules, may be exempted by the Director-General, by general or special order in writing, and subject to such conditions, if any, as may be specified in such order, from all or any of the flying tests and from medical or other technical examinations required for the issue of the licences under these rules :] Provided further that a person to whom a license of a particular class has been issued by the competent authority in a contracting state may be exempted by the Director-General from all or any of the flying tests or technical examinations required for issue of license if his flying experience and competency are not less than the flying experience and competency laid down in Schedule II in respect of the corresponding license under these rules. If he is the holder of a current license, he may be further exempted from medical examination of the period for which his license is current: Provided further that in the case of a license issued under any of the preceding provisions, only such type or types of aircraft shall be entered in the aircraft rating of the license as in the opinion of the Director-General the applicant has sufficient and satisfactory experience and competency to fly: Provided further that the Director-General may, on examination of the syllabi, determine the relative equivalence of technical examinations for granting exemptions to applicants from passing the examinations required under Schedule II: Provided further that the Director-General may require any candidate, training establishment or operator to produce for examination all relevant training records including the syllabi, certificates, mark-sheets, flight-test reports, assessments, etc., in respect of the candidate who has undergone a course of training, examination or flight-test, etc., with training establishment or operator.] ### 41A. [ Checks, tests and examinations. [Inserted by G.S.R. 1238, dated 8.9.1962. ] (1) The Director-General may conduct examination specified in Schedule II, may fix examination centres within India, appoint invigilators and lay down the procedure for conducting the examinations. (2) The Director-General may appoint Examiners for carrying out flying tests and technical examinations required under Schedule II and may also appoint a Board to conduct oral examinations when necessary. (3) The Director-General may determine the manner in which the [proficiency] shall be carried out and may approve check pilots and examiners for this purpose. He may require their reports to be submitted to him in respect of any flying test on any aircraft for which an aircraft rating is desired on a license or which is entered in the aircraft rating of the license and the renewal of which is desired or for checking proficiency at any time in respect of any aircraft included in the aircraft rating of the license. (4) The Director-General may debar permanently or temporarily a candidate from any flying test or examination if, in his opinion, the applicant has adopted unfair means during the test or examination. (5) [ The Director-General may declare any flying test or examination conducted by an examiner or a Board, null and void, if in the opinion of the Director-General, the test or examination has not been carried out to his satisfaction, and require the test or the examination to be carried out again by another Examiner or Board and the Director-General may also take such action against the Examiner as he may deem fit under rule 19.] [Substituted by Notification No. G.S.R. 481(E) , dated 15.5.2017 (w.e.f. 23.3.1937).] (6) If a license holder or a candidate for a license or rating has failed in any flying test subsequent to any flying test successfully undergone by him for issue or renewal of the license or rating, the previous test as far as it is affected by subsequent flying test in which he has failed, will be considered invalid from the date of the subsequent test and the privileges accruing as a result of such earlier test shall be deemed to have been withdrawn. (7) Detailed syllabi for the technical examinations for the issue of flight crew licenses and ratings shall be laid down by the Director-General.] ### 41B. [ Approved Training Organisation. [Inserted by Notification No. G.S.R. 909(E) , dated 27.11.2015 (w.e.f. 23.3.1937).] (1) A Flying Training Organisation (hereinafter referred to as FTO) providing training on aircraft below 5700 kgs all-up-weight shall obtain the approval of the Director-General before the students are enrolled to acquire flying experience and the level of competency required for obtaining a licence or rating specified in rule 38 and Schedule II of these rules. (2) (a) For the grant of approval under this rule, the FTO shall, in the first instance, obtain a 'No objection Certificate' by making an application in the prescribed format to the Director-General along with a fee of fifty thousand rupees. (b) The No Objection Certificate obtained under clause (a) shall be valid for a period of two years from the date of its issuance and may be extended by six months at a time on payment of a fee of twenty-five thousand rupees subject to the satisfaction of the Director-General regarding progress towards meeting the requirements of sub-rule (3). (3) (a) The FTO shall possess the requisite infrastructure, adequate facilities, qualified and trained manpower including instructors as may be specified by the Director-General and the simulator training in such organization shall be undertaken on simulator approved by the Director-General. (b) The FTO shall have a 'Training and Procedure Manual' and a 'Quality Assurance Manual' with contents as may be specified by the Director-General and both the documents shall be submitted to the Director-General for approval. (c) It shall be the duty of the FTO to provide a copy of the approved Training and Procedure Manual to its personnel for their use and guidance. (4) (a) The holder of a valid No Objection Certificate may apply to the Director-General for issuance of approval of the FTO in the prescribed format along with a fee of two lakh rupees. (b) The Director-General may, on being satisfied that all the requirements pertaining to the setting up of a FTO have been complied with, grant an approval to the FTO subject to such conditions as may be specified in the approval. (c) The approval so granted shall, unless suspended or cancelled, remain valid for a period not exceeding five years and on being satisfied with the performance of FTO during this period, the Director-General may renew the approval for a period of two years at a time on payment of a fee of one lakh rupees, subject to such terms and conditions as may be specified by the Director-General: Provided that after the 13th January, 2015, in case of a FTO holding approval of the Director-General prior to said date, the first renewal may be carried out for a period of five years on payment of a fee of two lakh rupees. (5) The various fees payable under this rule shall be paid by demand draft drawn in favour of the Pay and Accounts Office, Directorate General of Civil Aviation, Ministry of Civil Aviation, New Delhi or by other means to be specified by the Director-General. (6) The training records of the FTO shall be maintained in a manner specified by the Director-General and shall be produced on demand to the Director-General or any other officer authorised by him in this behalf. (7) The FTO shall not impart any training which is not included in the scope of its activities and has not been duly approved by the Director-General. (8) The FTO shall have an acceptable safety management system as specified by the Director-General. (9) Upon being satisfied that, - (a) any of the conditions of the approval of the FTO has not been complied with and the failure is due to any wilful act or default on the part of the holder of such approval or by any of his employees or agents, irrespective of whether or not such wilful act or default of the employee or agent was with the knowledge or consent of the holder of the approval; or (b) the holder of the approval has failed to maintain safe, efficient and reliable training organization; or (c) the approval of the FTO was obtained by suppressing any material fact or furnishing wrong information, the Director-General may cancel the approval or suspend it for such a period as deemed fit: Provided that no such approval shall be cancelled or suspended without giving a show-cause notice in writing informing the holder of the approval the ground on which it is proposed to suspend or cancel the approval and giving him a reasonable opportunity of making a representation in writing within such reasonable time as may be specified in the notice and, if that person so desires, of being heard. (10) Notwithstanding anything contained in sub-rule (9), if the Central Government is of the opinion that in the interest of public safety it is necessary to do so, it may, for reasons to be recorded in writing, summarily suspend the approval of a FTO with a view to make further enquiry.] ### 42. [ Licenses and their renewal. [Substituted by G.S.R. 1238, dated 8.9.1962. ] - [(1) The licenses and ratings mentioned in rule 38 may be issued or renewed for any period not exceeding the period specified in rule 39-C and Schedule II in respect of each license or rating: Provided that if, on the date of application for renewal, the license or rating has expired for the periods specified below, the applicant may be required to qualify in the examinations and [skill] specified against them and such other examinations and tests as the Director-General may consider necessary to assess the applicant's competency to hold that license or rating-:- | | | | --- | --- | | (a) For a period exceeding 2 years but not exceeding 3 years. | Test of skill and Air Regulations. | | (b) For a period exceeding 3 years. | All examinations and tests required for the issue of the license or rating: | Provided further that the Director-General may, before the renewal of a license or a rating, require an applicant to satisfy all or any of the requirements for the issue of license or rating of the same class, if, in the opinion of the Director-General, the competency of the applicant is below the standard required for the license or rating: [Provided also that, in case where the holder of expired Indian commercial licence is flying on a valid equivalent commercial licence issued by a Contracting State and satisfies the requirement of flying experience for renewal of Indian licence, his Indian licence, if expired beyond two years, shall be renewed after his qualifying the examinations and tests as the Director-General may consider necessary] [Inserted by Notification No. G.S.R. 32 (E) dated 13.1.2015 (w.e.f. 23.3.1937)] [Provided also that] [Substituted by Notification No. G.S.R. 32 (E) dated 13.1.2015 (w.e.f. 23.3.1937)] in the case of a pilot or a flight engineer, the Director--General may, when renewing a license or a rating, delete any type of aircraft entered in the aircraft rating if he is satisfied that the holder of the license does not have reasonable flying experience or does not possess the required standard of competency on that type of aircraft">Provided further that in the case of a pilot or a flight engineer, the Director--General may, when renewing a license or a rating, delete any type of aircraft entered in the aircraft rating if he is satisfied that the holder of the license does not have reasonable flying experience or does not possess the required standard of competency on that type of aircraft.] (2) The holder of a license shall not exercise the privileges of his license without being declared fit after a fresh medical examination in the event of his having,-- (a) a sickness or injury involving incapacity for a period of fifteen days or more for the work for which he is licensed; or (b) an injury sustained in any accident occurring during the exercise of the privileges of his license or otherwise and which is likely to cause incapacity or impair his efficiency in the discharge of his duties. The license holder or his employer shall immediately notify all the relevant details of the sickness or injury to the Director-General. (3) The license of a person disqualified under sub-rule (2) shall be deemed to be invalid until the holder passes a fresh medical examination. (4) The holder of a license shall not exercise the privileges of his license during any period when he is aware that his physical condition has deteriorated below the standard required for that category of license.] ### 42A. [ Fatigue Management of Flight Crew and Cabin Crew Member. [Substituted by Notification No. G.S.R. 911 (E) , dated 16.9.2016 (w.e.f. 23.3.1937).] (1) Taking into account the likely impact of fatigue on the level of alertness of flight crew members and cabin crew members, the maximum limits of flight time, flight duty period and duty period of flight crew members as well as cabin crew members, and also the minimum rest periods required to be observed by such crew members, may be specified by the Director-General. (2) No flight crew member or cabin crew member of a flying machine registered in India, or wet-leased by an Indian operator, shall contravene the limitations stipulated by the Director-General under sub-rule (1). (3) Every Indian operator shall establish a scheme of flight and duty time limitations and minimum rest periods for its flight crew members as well as cabin crew members in accordance with the stipulations made by the Director-General under sub-rule (1) and submit the same to the Director-General for approval and after approval by the Director-General, such scheme shall form part of the Operations Manual of the concerned operator. Explanation. - For the purposes of this rule, 'Indian operator' means an operator having his principal place of business, or his permanent residence, in India.] | | | --- | | [42-A. Pilot not to fly for more than 125 hours during any period of 30 consecutive days. [Inserted by G.S.R. 1154, dated 23.4.1952. ] - No pilot of a flying machine, shall, in his capacity as such pilot, fly for more than 125 hours during any period of 30 consecutive days: Provided that without prejudice to the provisions of rule 160, the Director--General may, subject to such conditions and limitations as he may specify, by order in writing, exempt any such pilot from the provisions of this rule. Explanation.-For the purposes of this rule, the flying time of a pilot either as solo pilot-in-command of an aircraft will be counted fully and the flying time of a pilot engaged as Co-pilot or supernumerary pilot will be counted at 80 per cent. of the flying time.] | ### 43. [\* \* \*] [Rule 43 omitted by G.S.R. 1238, dated 8.9.1962. ] ### 44. Aircraft not registered in India. - An aircraft not registered in India shall carry the personnel prescribed by the laws of the State in which it is registered and such personnel shall be licensed in accordance with the laws of that State. [Note. -For the purposes of this rule, foreign registered aircraft falling under sub-rule (3) of rule 1 shall be deemed as aircraft registered in India and Indian registered aircraft falling under sub-rule (4) of rule 1 shall be deemed as aircraft not registered in India.] [Added by G.S.R. 20(E) , dated 12.1.1994. ] ### 45. [ Validation of foreign licences. [Substituted by Notification No. G.S.R. 481(E) , dated 15.5.2017 (w.e.f. 23.3.1937).] - When a licence has been granted by the competent authority in a foreign State and is for the time being in force, the Central Government may, subject to such conditions and limitations and for such periods as it shall think fit, render such licence valid by an authorisation for flying aircraft registered in India and a licence so validated shall be subject to the provisions of [rule 19 and rule 19A] and such validation of a licence shall cease if the licence is revoked or suspended. Note. - For the purpose of this rule, foreign aircraft falling under sub-rule (3) of rule 1 shall be deemed as aircraft registered in India and Indian aircraft falling under sub-rule (4) of rule 1 shall be deemed as aircraft not registered in India.] | | | --- | | 45. Validation of foreign licenses.-[When a license has been granted by the duly competent authority in any foreign State] [Substituted by G.S.R. 1567, dated 6.11.1962. ] and is for the time being in force, the Central Government may, subject to such conditions and limitations and for such periods as it shall think fit confer on such license the same validity for the purpose of flying aircraft registered in India as if it had been granted under these rules and a license so validated shall be subject to the provisions of rule 19. [Note.-For the purpose of this rule, foreign aircraft falling under sub-rule (3) of rule 1 shall be deemed as aircraft registered in India and Indian aircraft falling under sub-rule (4) of rule 1 shall be deemed as aircraft not registered in India.] [Inserted by G.S.R. 150(E) , dated 4.3.2009 (w.e.f. 4.3.2009). ] | ### 46. [ [Rule 46 omitted by G.S.R. 1238, dated 8.9.1962.] \* \* \*] ### 47. [ Minimum age for holding a license. [Substituted by G.S.R. 1238, dated 8.9.1962. ] - The minimum age of a person who is otherwise qualified and to whom a license may be granted shall be as laid down in Schedule II.] ### 47A. [ Minimum educational qualification for holding a license. [Inserted by G.S.R. 452(E) dated 11.6.1993. ] - No person shall be granted a license unless he possesses the educational qualification as laid down in Schedule II: Provided that candidates already enrolled for flying training on or before the 6th January, 1992 with any flying club or institute or with the Indira Gandhi Rashtriya Uran Akademi shall be exempted from application of this rule.] ### 48. [ Fees and other charges. [Substituted by G.S.R. 1238, dated 8.9.1962. ] - [(1) The following fee shall be payable for the issue, renewal and validation of licenses and rating or the issue of duplicate licenses and for the tests and examinations for such licenses and ratings:-- | | | | | --- | --- | --- | | (i) | for tests and examinations for licenses and rating | Rs. 500 per paper | | (ii) | for issue or validation of a license or rating for Student Pilot's License and Glider Pilot's License | Rs. 1,000 | | (iii) | for renewal of a license or rating for Student Pilot's Pilot's License and Glider Pilot's License | Rs. 500 | | (iv) | for issue or validation of a license or rating other than Student Pilot's License and Glider Pilot's License | Rs. 5,000 | | (v) | for renewal of a license or rating other than Student Pilot's License and Glider Pilot's License | Rs. 2,500 | | (vi) | for issue of duplicate Student Pilot's License and Glider Pilot's License | Rs. 250 | | (vii) | for issue of duplicate license or rating other than Student Pilot's License and Glider Pilot License | Rs. 500 | | (viii) | For issue of duplicate result sheet of examination | Rs. 500 | | (ix) [] [Inserted by Notification No. GSR 213 (E) dated 5.4.2013 (w.e.f. 23.3.1937)] | [Where the examination is conducted on line through computer, in addition to the fee mentioned in clause (i) , an amount of Rs. 2000/- per paper shall be payable by the candidate.] [Inserted by Notification No. GSR 213 (E) dated 5.4.2013 (w.e.f. 23.3.1937)] | [- ] [Inserted by Notification No. GSR 213 (E) dated 5.4.2013 (w.e.f. 23.3.1937)] | (2) For all flying tests, the candidate shall be required to provide the aircraft and bear all charges in respect of the flight, and if a Government Examiner is carried on board during the flying test, the following fee shall be payable to the Central Government namely:-- | | | | | --- | --- | --- | | (i) | for a single-engine aircraft | Rs. 5,000 | | (ii) | for a multi-engine aircraft with maximum permissible take-off weight below 5,700 kilograms | Rs. 10,000 | | (iii) | for a multi-engine aircraft with maximum permissible take-off weight of 5, 700 kilograms and above upto 50, 000 kilograms | Rs. 50, 000 | | (iv) | for a multi-engine aircraft with maximum permissible take-off weight above 50,000 kilograms | Rs. 1,00,000] | [(2-A) The fee shall be paid by crossed Indian Postal Order or Demand Draft drawn in favour of the Pay and Accounts Office, Director-General of Civil Aviation, Ministry of Civil Aviation, New Delhi] [Inserted by G.S.R. 181(E) , dated 29.3.2006 (w.e.f. 1.4.2006). ] (3) The fees (or the medical examinations conducted by the official Medical Board shall be paid in the manner as prescribed and notified by the Director--General. (4) Every application for technical examination or the issue, validation, renewal or re-validation of licenses and ratings or the issue of duplicate license and ratings shall be paid in the manner prescribed and notified by the Director--General. (5) When in any case the license or rating is not issued, validated, renewed or re-validated or a duplicate license or rating is not issued, the Central Government may order the refund to the applicant of a proportionate part of the sum paid as fees.] Part VI – AIRWORTHINESS ------------------------- ### 49. [ Issue of Type Certificate or Restricted Type Certificate for an aircraft or engine or propeller designed or manufactured in India. [Substituted by Notification No. G.S.R. 721(E) , dated 23.6.2017 (w.e.f. 23.3.1937).] (1) The Director-General may direct by general or special order that there shall be a Type Certificate in respect of an aircraft designed or manufactured in India, as a pre-requisite to the issue or continued validity of a certificate of airworthiness. (2) The Director-General may also direct by general or special order that there shall be a Type Certificate in respect of any engine or propeller designed or manufactured in India. (3) The Director-General may issue a Type Certificate when, - (a) an applicant furnishes such documents or other evidence relating to the suitability of the aeronautical product for aviation purposes, as may be specified, inclusive of a flight test, if necessary, as the Director-General may require. The applicant shall provide all necessary facilities for such inspection and tests as may be stipulated; and (b) the Director-General is satisfied as to its suitability for aviation purposes. (4) The Director-General may issue a Restricted Type Certificate for an aeronautical product imposing necessary limitations on its operations if he is satisfied that the design of an aircraft or engine or propeller, does not fully comply with the applicable design standard specified by the Director-General but is in a condition for safe operation. ### 49A. Issue of Type Certificate or Restricted Type Certificate to an aircraft imported in India. (1) The Director-General may direct by general or special order that there shall be a type certificate or restricted type certificate in respect of any aircraft imported in India. (2) The Director-General may issue a type certificate or restricted type certificate in respect of any aircraft imported in India. ### 49B. Validation of Type Certificate or Restricted Type Certificate for an aeronautical product imported in India. (1) The Director-General may validate a type certificate or a restricted type certificate in respect of any aeronautical product that may be imported when - (a) the State aviation authority of the country in which it is designed has issued a type certificate or a restricted type certificate or a similar document in respect of that aeronautical product, as the case may be; (b) it meets the airworthiness requirements as specified by the Director-General; and (c) the applicant furnishes such documents and technical data regarding the suitability of the product for aviation purposes as may be specified and as the Director-General may require. (2) The Director-General may, by order in writing and subject to such conditions as may be stated in that order, exempt any aeronautical product from the provisions of this rule. ### 49C. Type Certificate or Restricted Type Certificate- aeronautical product categories. - The type certificate or restricted type certificate of an aeronautical product when issued or validated may be grouped as an aeronautical product in one or more categories as may be specified. The operation of the aircraft shall be restricted to those categories. ### 49D. Cancellation, suspension of or endorsement on Type Certificate or Restricted Type Certificate. - If at any time the Director-General is satisfied that there is a reasonable doubt to indicate that the safety of the aeronautical product is imperilled because of a defect, he may cancel, suspend or endorse the type certificate or restricted type certificate issued or validated for the aeronautical product having defect, or may require the incorporation of any modification as a condition for the type certificate or restricted type certificate remaining in force, as the case may be. ### 49E. Recognition of Type Certificate or Restricted Type Certificate of an aeronautical product issued by a Contracting State. - The Director-General may accept the type certificate or restricted type certificate in respect of an aeronautical product issued by a Contracting State whose airworthiness requirements shall be in accordance with these rules, if - (a) the State aviation authority of the State in which it is designed has issued a type certificate or restricted type certificate in respect of that aeronautical product; (b) it meets the airworthiness requirements specified by the Director-General; and (c) the applicant furnishes documents and technical data as may be required to assess the suitability or safety of the aeronautical product. ### 49F. Issue of Supplemental Type Certificate in respect of an aeronautical product. - The Director-General may issue a supplemental type certificate in respect of any aeronautical product for which a type certificate or a restricted type certificate has been issued or validated or accepted as provided in rules 49A, 49B and 49E, and which has undergone a structural modification or installation of new item of equipment on account of the following reasons, namely:- (a) the aeronautical product in-service has developed deficiencies that may affect the safety or performance of the product; (b) there is a genuine need of the operator to change the configuration of the aeronautical product; and (c) there is a need to change or install new item of equipment for the purpose of enhancing safety or to bring in more user comfort.] | | | --- | | 49. [ Type certificate for an aircraft, aircraft component and items of equipment, designed or manufactured in India and issue of type certificate. [Substituted by G.S.R. 218, dated 13.3.1991. ] - (1) The Director-General may direct by general or special order that there shall be type certificate in respect of any aircraft, aircraft component or item of equipment designed, manufactured, sold or distributed in India, as a prerequisite to the issue, renewal or continued validity of a certificate of airworthiness, in respect of an aircraft in which an aircraft component or item of equipment of that type has been fitted or installed: [Provided that nothing contained in this sub-rule shall apply in case of microlight aircraft.] (2) A person may apply to the Director-General for issue of a type certificate in respect of any aircraft, aircraft component or item of equipment. (3) The Director-General may issue a type certificate when-- (a) an applicant furnishes such documents or other evidence relating to the suitability of the aircraft, aircraft component or item of equipment for aviation purposes, as may be specified, inclusive of a flight test, if necessary, as the Director-General may require. The applicant shall provide all necessary facilities for such inspection and tests as may be stipulated; and (b) the Director-General is satisfied as to its suitability for aviation purposes. [49-A. Issue of type certificate to an aircraft, aircraft component and items of equipment imported in India. [Inserted by G.S.R. 1202, dated 23.7.1976. ] - (1) The Director-General may direct by general or special order that there shall be a type certificate in respect of any aircraft, aircraft component or item of equipment imported in India. (2) The Director-General may issue a type certificate in respect of any aircraft, aircraft component or item of equipment imported in India.] 49-B. Validation of type certificate for aircraft, aircraft components and items of equipment imported in India.- (1) The Director-General may validate a type certificate in respect of any aircraft, aircraft component and item of equipment, that may be imported: Provided that-- (a) the airworthiness authority of the country in which it is manufactured has issued a certificate of airworthiness, type certificate or a similar document in respect of that aircraft, aircraft component, or item of equipment, as the case may be; (b) it meets with the airworthiness requirements which may be laid down by the Director-General; and (c) the applicant furnishes such documents and technical data regarding the suitability of the product for aviation purposes as may be specified and as the Director-General may require: Provided further that the Director-General may, by order in writing and subject to such conditions as may be stated in that order, exempt any aircraft, aircraft component or item of equipment from the provisions of this rule. 49-C. Type certificate-aircraft categories.- The type certificate of an aircraft when issued or validated may be grouped as an aircraft in one or more categories as may be specified. The operation of the aircraft shall be restricted to those authorised. 49-D. Cancellation, suspension or endorsement on type certificate.- If at any time the Director-General is satisfied that there is a reasonable doubt to indicate that the safety of the aircraft is imperilled because of a defect in the aircraft, aircraft component or item of equipment of that aircraft, he may cancel, suspend or endorse the type certificate issued or validated for the aircraft, aircraft component or item of equipment, or may require the incorporation of any modification as a condition of the type certificate remaining in force, as the case may be.] | ### 50. [ Issue of Certificate of airworthiness or Special Certificate of Airworthiness and Airworthiness Review Certificate. [Substituted by Notification No. G.S.R. 721(E) , dated 23.6.2017 (w.e.f. 23.3.1937).] (1) The owner or operator of an aircraft may apply to the Director-General for the issue of a certificate of airworthiness or a special certificate of airworthiness in respect of the aircraft or for the validation of a certificate of airworthiness issued elsewhere in respect of the aircraft. (2) The Director-General may issue a certificate of airworthiness or special certificate of airworthiness in respect of an aircraft when- (a) the applicant furnishes such documents or other evidence relating to the airworthiness of the aircraft as may be specified by the Director-General; and (b) the Director-General is satisfied that it is airworthy or in a condition for safe operation: Provided that the Director-General may impose such conditions on the special certificate of airworthiness issued as may be necessary for safe operation of the aircraft. (3) The Director-General may validate a certificate of airworthiness in respect of any aircraft that may be imported if - (a) the airworthiness authority of the country in which the aircraft is manufactured, has issued a certificate of airworthiness or such equivalent document; (b) the airworthiness requirements as specified by the Director-General are complied with; and (c) the applicant furnishes necessary documents and technical data relating to the aircraft as may be specified and as the Director-General may require. (4) The certificate of airworthiness or special certificate of airworthiness shall be issued or rendered valid for one or more of the categories as specified by the Director-General. The operation of the aircraft shall be restricted in those categories as specified in the certificate of airworthiness or special certificate of airworthiness subject to the conditions stated therein. (5) A certificate of airworthiness issued under this rule shall be invalid unless the Director-General or an organisation approved under these rules, carries out a review of compliance with applicable airworthiness standards and issues an airworthiness review certificate valid for such periods as may be specified therein which may be extended by the Director-General or an organisation approved under these rules, in accordance with such procedures as may be specified by the Director-General. (6) A special certificate of airworthiness shall be valid for such periods as may be specified in the certificate and maybe renewed from time to time by the Director-General. (7) The aircraft shall be inspected and tested by the Director-General or by a person authorised in his behalf, as specified. (8) The owner or operator of the aircraft shall provide all necessary facilities for the purpose of carrying out the inspection and tests as required under sub-rule (7) and bear all expenses as specified by the Director-General.] | | | --- | | 50. [ Certificate of airworthiness. [Substituted by G.S.R. 1202, dated 23.7.1976. ] - (1) The owner or operator of an aircraft may apply to the Director-General for the issue or renewal of a certificate of airworthiness in respect of the aircraft or for the validation of a certificate of airworthiness issued elsewhere in respect of the aircraft. (2) The Director-General may issue or renew a certificate of airworthiness in respect of an aircraft when-- (a) the applicant furnishes such documents or other evidence relating to the airworthiness of the aircraft as may be specified and as the Director-General may require by special or general order; and (b) the Director-General is satisfied that it is airworthy. (3) The Director-General may validate a certificate of airworthiness in respect of any aircraft that may be imported: Provided that-- (a) the airworthiness authority of the country in which the aircraft is manufactured, has issued a certificate of airworthiness or such equivalent document; (b) the airworthiness requirements as may be laid down by the Director--General are complied with; and (c) the applicant furnishes necessary documents and technical data relating to the aircraft as may be specified and as the Director--General may require. (4) The Director-General may issue, renew or render valid a certificate of airworthiness in one or more of the categories of aircraft as may be specified. The operations of the aircraft shall be restricted in those categories authorised in the certificate of airworthiness. (5) Subject to these rules, a certificate of airworthiness shall remain in force for such period as may be specified in the certificate and may from time to time be renewed by the Director-General. In addition, the Director-General may require the aircraft to be inspected by a person authorised in this behalf by the Director-General or tested in flight, or to be so inspected and so tested and the owner or operator of the aircraft shall give all necessary facilities for such inspection and tests.] | ### 50A. [ Conditions necessary for the [certificate of airworthiness or special certificate of airworthiness] [Inserted by G.S.R. 1202, dated 23.7.1976. ] and inspection, overhaul of aircraft. (1) The Director-General may specify conditions and standards in respect of [certificate of airworthiness or special certificate of airworthiness] [Substituted by Notification No. G.S.R. 721(E) , dated 23.6.2017 (w.e.f. 23.3.1937).] of a particular type or class of aircraft to ensure safety of the aircraft and of persons on board the aircraft, having regard to the limitations of the aircraft. (2) If, at any time, the Director-General considers that any modification, repair, replacement, inspection or overhaul of any aircraft or type of aircraft or of any aircraft component or item of equipment of that aircraft or type of aircraft is necessary in the interest of safety, he may require the modification, repair, replacement inspection or overhaul to be carried out as a condition of the [certificate of airworthiness or special certificate of airworthiness] [Substituted by Notification No. G.S.R. 721(E) , dated 23.6.2017 (w.e.f. 23.3.1937).] remaining in force.] ### 51. [ Flight manual. [Substituted by G.S.R. 1202, dated 23.7.1976. ] - Where a flight manual is required to be kept in relation to an aircraft in accordance with provisions of these rules, the Director-General shall endorse the certificate of airworthiness of the aircraft accordingly.] ### 52. [ Modification and repair. [Substituted by G.S.R. 1202, dated 23.7.1976. ] (1) A person shall not carry out any modification or repair affecting safety of any aircraft in respect of which there is a valid certificate of airworthiness unless he has been required to do so in pursuence of these rules or unless he has obtained the prior approval of the Director-General. (2) (a) Modifications issued by the manufacturer of an aircraft, aircraft component or item of equipment of that aircraft which have been issued a type certificate by the Director-General or elsewhere may be deemed as approved modifications, unless otherwise specified by the Director-General. (b) Repair schemes issued by the manufacturer of an aircraft, aircraft component or item of equipment of that aircraft issued with a type certificate by the Director-General or elsewhere and other repairs carried out in accordance with standard aeronautical engineering practice may be deemed as approved unless otherwise specified by the Director-General. (3) The Director-General may give approval for repair or modification other than those referred to in sub-rule (2), of an aircraft, aircraft component, or item of equipment of that aircraft, where the owner or operator furnishes such evidence relating to the intended modification or repair and its effect on the airworthiness of aircraft as specified by the Director-General. (4) Modifications which have been approved by the Director-General for one aircraft, aircraft component, item of equipment may be incorporated in others of the type provided it is within the terms of approval. (5) (a) While an aircraft has been modified or repaired after a major damage or major defect, the aircraft shall not be flown until an appropriately licensed engineer or an authorised person has certified in the manner specified by the Director-General that the aircraft is in a fit condition to be flown for purpose of experiment or test, as the case may be. (b) While an aircraft component or item of equipment has to be modified or repaired, it shall not be released until it is certified by an appropriately licensed engineer or an authorised person as may be specified by the Director-General. (6) The form and manner of distribution of the certificate and its copies referred to in the above sub-rules and preservation thereof shall be as may be specified by the Director-General. (7) A certificate in pursuance of the preceding sub-rules shall not be issued unless the materials, parts, method comply with such designs, drawings, specifications or instructions as may be issued by the manufacturers or as may be specified or approved by the Director-General. The method and the workmanship shall be in accordance with standard aeronautical practice or as may be approved by the Director-General.] ### 53. [ Use of materials, processes, parts and periodical overhaul of aircraft. [Substituted by G.S.R. 1202, dated 23.7.1976. ] (1) Every aircraft required under these rules to be provided with a certificate of airworthiness and aircraft components and items of equipment on such aircraft shall periodically be inspected, overhauled and certified on completion of the prescribed flight time or calendar time or on the basis of any other stipulated condition in accordance with the approved maintenance schedules or approved maintenance system. Such inspection and certification shall be effected by appropriately licensed engineers or authorised persons as may be specified by the Director-General. (2) A certificate to be issued in pursuance of sub-rule (1) shall not be issued unless the materials, processes, parts, method comply with such designs, drawings, specifications or instructions as may be issued by the manufacturers or as may be specified or approved by the Director-General. The method and workmanship shall be in accordance with standard aeronautical practice or as may be approved by the Director-General. (3) Notwithstanding the foregoing provisions, the Director-General may grant exemption by general or special order in writing to any person or class of persons from the operation of the foregoing sub-rules either wholly or partly, subject to such conditions, if any, as may be specified in such order.] ### 53A. [ Manufacture, storage and distribution of aircraft. [Inserted by G.S.R. 1202, dated 23.7.1976. ] - The manufacture, storage and distribution of aircraft, aircraft components and items of equipment or any other material used or intended to be used in an aircraft, whether or not a certificate of airworthiness has been or is required to be issued, renewed or rendered valid for such aircraft, under these rules, shall be undertaken and certified only by approved organizations by licensed engineers or by authorised persons in this behalf. The form and manner and the distribution of the certificate and its copies and preservation thereof shall be as may be specified by the Director-General.] ### 54. [ Persons authorised to certify. [Substituted by G.S.R. 1202, dated 23.7.1976. ] - The certification required under Parts VI, XII-B and XIII-A of these rules shall be signed by appropriately licensed engineers or authorised persons qualified under the terms and conditions of the license, authorisation or approval, as the case may be, to carry out or inspect the manufacture, process, modification, repair, replacement, overhaul or maintenance, to which the certificate relates or by an approved person or persons authorised by organization; approved by the Director-General in this behalf, or when these have been carried out at a suitably equipped Indian Air Force Establishment, by its Officer-in-charge: Provided that in one or more classes of aircrafts, such of the work, if performed in accordance with approved procedures, practices and methods as may be specified by the Director-General, need not be supervised or certified by the approved organization, licensed engineers or authorised persons in this behalf.] ### 55. [ Suspension or cancellation of [certificate of airworthiness or special certificate of airworthiness] [Substituted by G.S.R. 1202, dated 23.7.1976. ] and its continued validity. (1) The [certificate of airworthiness or special certificate of airworthiness] [Substituted by Notification No. G.S.R. 721(E) , dated 23.6.2017 (w.e.f. 23.3.1937).] of an aircraft shall be deemed to be suspended when an aircraft-- (a) ceases or fails to conform with the requirement of these rules, in respect of operation, maintenance, modification, repair, replacement, overhaul, process or inspection, applicable to that aircraft; or (b) is modified or repaired otherwise than in accordance with the provisions of these rules; or (c) suffers major damage; or (d) develops a major defect which would affect the safety of the aircraft or its occupants in subsequent flights. (2) If, at any time, the Director-General is satisfied that reasonable doubt exists as to the safety of an aircraft or as to the safety of the type to which that aircraft belongs, he may-- (a) suspend or cancel the [certificate of airworthiness or special certificate of airworthiness] [Substituted by Notification No. G.S.R. 721(E) , dated 23.6.2017 (w.e.f. 23.3.1937).] in respect of the aircraft; or (b) require the aircraft or an aircraft component or an item of equipment of that aircraft to undergo such modification, repair, replacement, overhaul, inspection including flight tests and examination under the supervision of an approved person as the Director-General may specify, as a condition of the [certificate of airworthiness or special certificate of airworthiness] [Substituted by Notification No. G.S.R. 721(E) , dated 23.6.2017 (w.e.f. 23.3.1937).] remaining in force. (3) Subject to sub-rule (4), an aircraft shall not be flown during any period for which its [certificate of airworthiness or special certificate of airworthiness] [Substituted by Notification No. G.S.R. 721(E) , dated 23.6.2017 (w.e.f. 23.3.1937).] is suspended or deemed to be suspended.] (4) [ Where the certificate of airworthiness or the special certificate of airworthiness of an aircraft is suspended or deemed to be suspended, the Director-General may, upon an application by the owner or operator, issue a special flight permit under rule 55A.] [Substituted '(4) Where the certificate of airworthiness of an aircraft is suspended or deemed to be suspended, the Director-General may, upon an application made by the owner or operator of the aircraft and subject to such requirements as may be specified by him, having regard to the safety of the aircraft and persons thereon,-- [(a) permit the aircraft to ferry-fly to a place without passengers on board, where the maintenance required to remove the suspension of the certificate of airworthiness can be performed in accordance with the rules; (b) authorise flights for the purpose of experiment or tests; (c) authorise flights where the safety or succor of persons or aircraft is involved; (d) authorise flights for special purposes.' by Notification No. G.S.R. 721(E), dated 23.6.2017 (w.e.f. 23.3.1937).]] [\* \* \*] [Omitted '(5) The Director-General may, by general or special order and subject to such conditions as may be specified in that order, exempt any aircraft from the operation of any provision of this rule.' by Notification No. G.S.R. 721(E), dated 23.6.2017 (w.e.f. 23.3.1937).] ### 55A. [ Issue of Special Flight Permit. [Inserted by Notification No. G.S.R. 721(E) , dated 23.6.2017 (w.e.f. 23.3.1937).] (1) The Director-General may issue a special flight permit when an aircraft is not fully in compliance with the airworthiness requirements but is in a condition for safe operation subject to such conditions as are specified in the special flight permit. (2) The owner or operator of an aircraft may apply to the Director-General for the issue of a special flight permit in respect of the aircraft for any of the purposes as specified by the Director-General. (3) The Director-General may issue a special flight permit in respect of an aircraft when, - (a) an applicant furnishes such documents as may be specified by the Director-General; and (b) the Director-General is satisfied that the aircraft is in a condition for safe operation.] ### 56. [ Indian aircraft operating outside India. [Substituted by G.S.R. 1202, dated 23.7.1976. ] - Where an aircraft registered in India is operating in a country outside India, the aircraft, or any of its components or items of equipment shall not be modified, repaired, replaced, inspected or overhauled except by or under the supervision, of, and certified by-- (a) in the case of contracting State, a person who is approved for the purpose by the appropriate authority of contracting State in accordance with the minimum requirements adopted in pursuance of the convention and recognised by the Director-General as sufficient for the purpose; (b) in the case of country other than a contracting State, a person who possesses qualifications which are recognised by the Director--General as sufficient for the purpose. [Note. - For the purpose of this rule, foreign aircraft falling under sub-rule (3) of rule 1 shall be deemed as aircraft registered in India and Indian aircraft falling under sub-rule (4) of rule 1 shall be deemed as aircraft not registered in India.] ### 57. Instruments and equipment. (1) Every aircraft shall be fitted and equipped with the instrument and equipment including radio apparatus and special equipment as [may be specified by the Director-General] [Substituted by Notification No. G.S.R. 721(E) , dated 23.6.2017 (w.e.f. 23.3.1937).] according to the use and circumstances under which the flight is to be conducted. (2) Such instruments and equipment shall be of an approved type and installed in an approved manner and shall be maintained in a serviceable condition. ### 58. Weight and balance. (1) Every aircraft shall be weighed and appropriately marked and centre of gravity determined. The weight schedule and the load sheet indicating the calculated centre of gravity position(s) relating to the required configuration(s) shall be displayed or carried on board an aircraft subject to such conditions as may be specified by' the Director-General. (2) (a) An aircraft shall not attempt to take off, fly or land at a weight in excess of the maximum permissible weight as specified in the certificate of airworthiness or as authorised by the Director-General. (b) The load of an aircraft throughout a flight including take-off and landing shall be so distributed that the centre of gravity position of the aircraft falls within the limitations specified or approved by the Director-General: Provided that the Director-General may, by special order in writing and subject to such conditions as may be specified in that order, exempt any aircraft from the operation of this rule. ### 59. Defects and defective parts. (1) A major defect in or a major damage to an aircraft registered in India shall be reported in the manner specified by the Director-General. (2) When any part of an aircraft is revealed or suspected to be defective, the Director-General may require it to be delivered to a person or organization authorised by him in this behalf for examination.] [Note.-For the purpose of this rule, foreign registered aircraft falling under sub-rule (3) of rule 1 shall be deemed as aircraft registered in India and Indian registered aircraft falling under sub-rule (4) of rule 1 shall be deemed as aircraft not registered in India.] [Added by G.S.R. 20(E) , dated 12.1.1994. ] ### 59A. [ Defects in a foreign aircraft. [Inserted by G.S.R. 1202, dated 23.7.1976. ] (1) When an aircraft registered outside India, whilst in Indian territory sustains major damage or a major defect is found, the Director-General, on ascertaining that fact, may prohibit the aircraft from flying. (2) Where, in pursuance of sub-rule (1), the Director-General prohibits an aircraft from flying, he shall furnish to the appropriate authority of the country of registration of the aircraft information of the action which he has taken and a report of the damage suffered or defect found. (3) The prohibition imposed in pursuance of sub-rule (1) shall not be removed until the appropriate authority of the country of registration of the aircraft notifies to the Director-General-- (a) that the damage or defect suffered or ascertained has been removed; (b) that the damage suffered or defect found or ascertained is not of such a nature as to prevent minimum requirements of safety adopted in pursuance of the Convention; or (c) that in the circumstances of a particular case, the aircraft should be permitted to fly without passengers to place at which it can be restored to an airworthy condition. (4) In removing the prohibition imposed in pursuance of sub-rule (1), the Director-General may impose such conditions on the operation of the aircraft as are notified to him by the appropriate authority of the country of registration of the aircraft.] [Note.-For the purpose of this rule, foreign registered aircraft falling under sub-rule (3) of rule 1 shall be deemed as aircraft registered in India and Indian registered aircraft falling under sub-rule (4) of rule 1 shall be deemed as aircraft not registered in India.] [Added by G.S.R. 20(E) , dated 12.1.1994. ] ### 60. [ Maintenance standards and certification. [Substituted by G.S.R. 1202, dated 23.7.1976. ] (1) In this rule, "maintenance" refers to performance of all work necessary for the purpose of ensuring that the aircraft is airworthy and safe including servicing of the aircraft and all modifications, repairs, replacements overhauls, processes, treatment, tests, operations and inspection of the aircraft, aircraft components and item of equipment required for that purpose. (2) (a) The Director-General may, in respect of any aircraft, aircraft component and item of equipment, specify standards and conditions for continuing airworthiness of the aircraft and its maintenance. [(b) The Director-General shall notify the maintenance requirements and approve the maintenance system keeping in view- (i) the continued airworthiness of the aircraft and the maintenance facilities required; (ii) the period in terms of flight time, calendar time or any other basis, which may elapse with safety between inspections, tests, or overhauls or any other maintenance work; (iii) the content and period of preservation of the records kept in respect of maintenance.] (iv) type of operation in which the aircraft is engaged; (v) any conditions like dust, salt-air climatic conditions or other factors and the routes flown or basis used which may have an effect upon airworthiness; and (vi) any other relevant considerations. (3) Any aircraft engaged in public transport including aerial work and flying training shall not be flown unless-- (a) it has been maintained in accordance with such requirements as may be specified by the Director-General [\* \* \*] [Omitted 'or as stipulated in the approved maintenance schedules or system' by Notification No. G.S.R. 911 (E) , dated 16.9.2016 (w.e.f. 23.3.1937).] ; (b) [ maintenance of aircraft has been carried out by or under the supervision of a person licensed or authorised under rule 61, or authorised in writing by an approved maintenance organization in accordance with the criterion specified by the Director-General; and;] [Substituted by Notification No. G.S.R. 911 (E) , dated 16.9.2016 (w.e.f. 23.3.1937).] (c) all maintenance carried out has been certified by appropriately licensed engineers, [\* \* \*] [Omitted 'approved' by Notification No. G.S.R. 911 (E) , dated 16.9.2016 (w.e.f. 23.3.1937).] or authorised persons within the period specified by means of such a "certificate" as may be prescribed by the Director-General. (4) The contents, form, period or validity [\* \* \*] [Omitted 'disposition' by Notification No. G.S.R. 911 (E) , dated 16.9.2016 (w.e.f. 23.3.1937).] , preservation of the certificate shall be in such form and manner as may be specified by the Director--General. (5) No aircraft shall commence any flight if subsequent to the issue of a certificate in pursuance of this rule, it has suffered any damage or revealed any defect, other than items covered in the approved list of deficiencies, which would render the aircraft unsafe for flight and which would not, in accordance with the ordinary aeronautical practice, be remedied by the pilot or crew: Provided that the Director-General may, by general or special order and subject to such conditions as may be specified in that order, exempt any aircraft from the operation of this rule.] (6) [ Microlight, light sport aircraft, glider, balloon or an airship shall be certified by an aircraft maintenance engineer holding a licence in Category A or Category B1 or Category B3 or an authorised person subject to the requirements as specified by the Director-General.] [Inserted by Notification No. G.S.R. 911 (E) , dated 16.9.2016 (w.e.f. 23.3.1937).] ### 61. [ Licensing of Aircraft Maintenance Engineers [Substituted by Notification No. G.S.R. 1001 (E) dated 22.12.2010 (w.e.f. 23.3.1937).] (1) The Central Government may grant [licences or authorizations] as provided in this rule, to persons who meet the requirements specified in this rule. (2) The application for the grant of an Aircraft Maintenance Engineer's Licence or an authorisation, [\* \* \*] [Omitted 'approval or certificate of competency' by Notification No. G.S.R. 1001 (E) dated 22.12.2010 (w.e.f. 23.3.1937).] , or for extension thereof, shall be made in the form and manner specified by the Director-General. (3) The Aircraft Maintenance Engineer's licences may be granted in the following categories, namely:- (a) Category A (b) Category B1 (c) Category B2 (ca) [ Category B3;] [Inserted by Notification No. G.S.R. 1001 (E) dated 22.12.2010 (w.e.f. 23.3.1937).] (d) Category C. (4) The licences in categories A and B1, in relation to aeroplanes, helicopters, turbine and piston engines, may be granted in the following sub-categories, namely:- | | | | | --- | --- | --- | | (a) | A1 | Aeroplanes Turbine | | (b) | A2 | Aeroplanes Piston | | (c) | A3 | Helicopter Turbine | | (d) | A4 | Helicopter Piston | | (e) | B1.1 | Aeroplanes Turbine | | (f) | B1.2 | Aeroplanes Piston | | (g) | B1.3 | Helicopter Turbine | | (h) | B1.4 | Helicopter Piston | (4A) [ Licences other than Category A shall be endorsed with the type of aircraft, the holder is entitled to exercise the privileges upon.] [Inserted by Notification No. G.S.R. 1001 (E) dated 22.12.2010 (w.e.f. 23.3.1937).] (5) An applicant for the grant of Aircraft Maintenance Engineer's Licence shall satisfy the following requirements, namely:- (a) he shall not be less than 18 years of age; (b) he shall have passed 10+2 examination with Physics, Chemistry and Mathematics from a recognised Board or University or its equivalent; (c) he shall have passed a written examination as specified by the Director-General: Provided that the Director-General may, subject to such conditions as he may deem fit to impose, exempt any applicant from the written examination if the applicant holds .3 licence granted by a Contracting State to act in the capacity of an Aircraft Maintenance Engineer; and (d) he shall have the following minimum practical experience, namely:- (i) [ for Category A, Sub-categories B1.2, B1.4 and Category B3 - three years of practical aircraft maintenance experience on operating aircraft; and [Substituted by Notification No. G.S.R. 1001 (E) dated 22.12.2010 (w.e.f. 23.3.1937).] (ii) for Sub-categories B1.1 and B1.3 and Category B2 - five years of practical aircraft maintenance experience on operating aircraft:] Provided that the experience requirement specified at (i) and (ii) above shall be reduced by one year in case of an applicant who has satisfactorily completed training in any training organization approved under rule 133B or who has acquired a [Degree in Aircraft Maintenance or Degree in Engineering] [Substituted by Notification No. G.S.R. 832(E) , dated 30.6.2017 (w.e.f. 23.3.1937).] from a recognised University: [Provided further that the experience requirement specified at (i) and (ii) above shall be reduced by two years and three years, respectively in case of an applicant who has successfully completed training in an approved maintenance organisation as a part of the syllabi of the course he has passed from a training organisation approved under rule 133B for imparting basic aircraft maintenance training: Explanation. - For the purpose of this proviso, the "Approved Maintenance Organisation" means an aircraft maintenance organisation approved under rule 133B:] [Inserted by Notification No. G.S.R. 1066(E) , dated 25.10.2018 (w.e.f. 23.3.1937).] [Provided also] [Substituted 'Provided further' by Notification No. G.S.R. 1066(E) , dated 25.10.2018 (w.e.f. 23.3.1937).] that twelve years of practical aircraft maintenance experience acquired outside a civil aircraft maintenance environment in the relevant category supplemented by at least one year of recent experience in civil aircraft maintenance environment, shall be treated as equivalent to the requirements laid down in (i) and (ii) above; (iii) for Category C with respect to large aircraft - (A) three years of maintenance experience exercising privileges of Categories B1.1, B1.3 or B2 on large aircraft or as support staff in a base maintenance in an organization approved under rule 133B or a combination thereof; or (B) five years of maintenance experience exercising the privileges of Categories B1.2 or B1.4 on large aircraft or as support staff in base maintenance in an organization approved under rule 133B, or a combination thereof; (iv) for Category C with respect to aircraft other than large aircraft - three years of maintenance experience of exercising privileges of category B1 or B2 or support staff in an organization approved under rule 133B, or a combination thereof; (e) [ he shall demonstrate his skill to exercise the privileges of the licence for which an application has been made, in the manner specified by the Director-General.] [Substituted by Notification No. G.S.R. 1001 (E) dated 22.12.2010 (w.e.f. 23.3.1937).] Explanation - For the purposes of this sub-rule,- (i) "large aircraft" means any aeroplane with a maximum mass of more than 5700 kilograms or any multi-engined helicopter; and (ii) "support staff" means those licensed engineers or approval holders who are not authorised to issue certificate of release to service, but perform maintenance in the base maintenance environment. (6) The applicant for grant of extension of Aircraft Maintenance Engineer's licence shall be required - (a) to pass a written examination so as to demonstrate a level of knowledge in the appropriate subject modules as specified by the Director-General; and (b) [ to undergo relevant training, acquire maintenance experience as specified by the Director-General, and demonstrate skill to exercise the privileges of the licence for which an application has been made, in a manner specified by the Director-General.] [Substituted by Notification No. G.S.R. 1001 (E) dated 22.12.2010 (w.e.f. 23.3.1937).] (7) [ An applicant who fails in any examination shall be permitted to appear again for such examination only after lapse of such other period as specified by the Director-General.] [Substituted by Notification No. G.S.R. 1001 (E) dated 22.12.2010 (w.e.f. 23.3.1937).] (8) The Central Government may grant authorisation to the holders of an Aircraft Maintenance Engineer's Licence to carry out maintenance of any new aircraft, engine or system which has been brought into the organization and which is not within the scope of his licence, and to issue a certificate of release thereof, provided that the Director-General is satisfied that the applicant has sufficient knowledge, experience and training, and has passed such examinations as specified by the Director-General. [\* \* \*] [Omitted '(9) Upon being satisfied that the applicant has sufficient knowledge, experience, training and skill and has passed such examinations as specified by the Director-General, the Central Government may grant approvals to persons employed in an organization approved by Director-General to certify maintenance work carried out on aircraft, engine or components, in accordance with the procedures specified by the Director-General. [(10) Upon being satisfied that the applicant has sufficient knowledge, experience, training, competency and skill and has passed such examinations as specified by the Director-General, the Central Government may grant a Certificate of Competency to an applicant employed in a firm approved by Director-General to perform specialised processes which may affect the airworthiness of an aircraft.' by Notification No. G.S.R. 1001 (E) dated 22.12.2010 (w.e.f. 23.3.1937).]] (11) Unless suspended, revoked or cancelled,- (a) a licence shall remain valid for the period specified therein, subject to a maximum period of five years in each case, and may be renewed for another five years at a time on receipt of the application for renewal: Provided that an expired licence shall be renewed only after the applicant has passed such examinations as may be specified by the Director-General; (b) an authorisation, [\* \* \*] [Omitted 'approval or certificate of competency' by Notification No. G.S.R. 832(E) , dated 30.6.2017 (w.e.f. 23.3.1937).] shall remain valid for a period specified therein, subject to a maximum period of one year in each case, and may be renewed for another one year at a time on receipt of application for renewal, provided the applicant has engaged himself in the performance of the tasks for a period of three months in the preceding one year. (12) The holders of various categories of Aircraft Maintenance Engineer's Licenses shall have the following privileges, namely:- [(i) Category A licence holder to issue certificates for release to service after minor scheduled line maintenance and simple defect rectification within the limits of maintenance tasks specifically endorsed on the authorisation issued by a maintenance organization approved under rule 133B for the broad category of aircraft endorsed on the licence and the certification privileges shall be restricted to the work carried out by the licence holder himself in the maintenance organization that issues the authorisation. (ii) Category B1 licence holder to issue certificates for release to service and act as support staff following the maintenance performed on aircraft structure, power-plant, mechanical and electrical systems, work on avionics system requiring simple tests to prove their serviceability and not requiring trouble shooting, in respect of an aircraft type endorsed on the licence. Explanation. - (a) Category B1 shall include the appropriate sub-category of Category A; (b) Microlight, light sport aircraft, glider, balloon or an airship shall be certified by an aircraft maintenance engineer holding a licence in Category A or Category B1 or Category B3 or an authorised person subject to meeting the requirements as specified by the Director-General. (iii) Category B2 licence holder to issue - (a) certificates of release to service after maintenance on avionic and electrical systems, avionics and electrical system within engine and mechanical systems requiring only simple tests to prove their serviceability of aircraft type endorsed on the licence; (b) certificates of release to service after minor scheduled line maintenance and simple defect rectification within the limits of tasks specifically endorsed on the certification authorisation issued by an approved maintenance organization of aircraft type endorsed on the licence and this certification privilege shall be restricted to work that the licence holder has personally performed in the maintenance organization which issued the certification authorisation and limited to the rating already endorsed on the licence. (iv) Category B3 licence holders to issue certificates of release to service after maintenance on aeroplane structure, engine and mechanical and electrical systems, work on avionic systems requiring only simple tests to prove their serviceability and not requiring troubleshooting of 'piston-engine non-pressurised aeroplanes of 2000 kg Maximum Take-off Mass and below'. (v) Category C licence holders to issue certificates of release to service after base maintenance in respect of an aircraft of the type endorsed on the licence. The privileges apply to the aircraft in its entirety including all systems. Explanation. - Simple test means a test described in approved maintenance data and such in nature that aircraft system serviceability is verified through aircraft controls, switches, Built-in Test Equipment (BITE) , Central Maintenance Computer (CMC) or external test equipment not requiring special training.] [Substituted by Notification No. G.S.R. 1001 (E) dated 22.12.2010 (w.e.f. 23.3.1937).] (13) [ The certification privileges shall be exercised only if the holder of licence fulfills the conditions as specified by the Director-General.] [Substituted '(13) The certification privileges shall be exercised only if- [(a) the holder of Category A licence on a specific aircraft type has satisfactorily completed and demonstrated the relevant Category A aircraft type task training conducted by an approved maintenance or AME training organization approved for the purpose; (b) the licence is endorsed with the appropriate aircraft type rating in case of Categories B1, B2 or C licence after satisfactory completion of an examination in the relevant category B1, B2 or C aircraft type training approved by Director-General or conducted by an approved maintenance training organization; (c) categories B1, B2 and C license for aircraft other than large aircraft, is endorsed with the appropriate group rating or manufacturer group ratings as specified by the Director-General; and (d) within the preceding twenty-four months, the holder of an Aircraft Maintenance Licence has either acquired· six months of maintenance experience in accordance with the privileges under the Aircraft Maintenance Engineer's Licence or has acquired the licence for the first time.' by Notification No. G.S.R. 1001 (E) dated 22.12.2010 (w.e.f. 23.3.1937).]] (14) (i) The holder of a valid Aircraft Maintenance Engineer's Licence on the date of coming into force of this rule may continue to exercise the privileges of his licence and shall be issued, with or without limitation and without further examination, an Aircraft Maintenance Engineer's Licence in the appropriate category under this rule subject to such conditions as may be specified by the Director-General: Provided that exercise of such privileges shall not be continued beyond the date specified by DGCA. (ii) Any person who has started a qualification process for obtaining an Aircraft Maintenance Engineer's Licence under the rules and procedures existing prior to the date of notification of this rule, may continue the process till 31 December, 2016 and may be issued an Aircraft Maintenance Engineer's Licence in the appropriate category. (iii) [ Notwithstanding the amendment of this rule, the Director-General may issue the licenses as per the old format up to 31st December, 2016.] [Inserted by Notification No. G.S.R. 1001 (E) dated 22.12.2010 (w.e.f. 23.3.1937).] (15) Without prejudice to the provisions of sub-rule (3) of rule 19 of these rules, the Central Government may, after such inquiry as it may deem fit and after giving a reasonable opportunity of being heard, revoke, cancel, suspend or endorse any licence or authorisation [\* \* \*] [Omitted 'or approval or certificate of competency' by Notification No. G.S.R. 1001 (E) dated 22.12.2010 (w.e.f. 23.3.1937).] granted under this rule or issue a warning or an admonition or debar a person from acquiring a licence temporarily or permanently, where it is satisfied that- (a) the applicant had used unfair or fraudulent means during the qualification process; or (b) the holder has obtained the certification privileges by adopting fraudulent means; or (c) the holder has failed to carry out required maintenance resulting from own inspection combined with failure to report such fact to the organization or person for whom the maintenance was intended to be carried out; or (d) the holder has performed work or granted a certificate in respect of work which has not been performed in a careful and competent manner or was responsible in any manner that compromised airworthiness of the aircraft; or (e) the holder has signed a certificate in respect of any matter in contravention of this rule; or (f) the holder has issued a certificate of release to service knowing that the maintenance specified on the certificate of release to service has not been carried out or without verifying that such maintenance has been carried out; or (g) the holder has falsified the maintenance records; or (h) the holder has carried out maintenance or has issued a certificate of release to service while under the influence of alcohol or any other intoxicating or any psychoactive substance; or (i) it is undesirable for any other reason that the holder should continue to exercise his privileges granted under this rule. (16) The Central Government may withhold the grant or renewal of a licence or authorisation [\* \* \*] [Omitted 'or approval or certificate of competency' by Notification No. G.S.R. 1001 (E) dated 22.12.2010 (w.e.f. 23.3.1937).] if, for reasons to be recorded in writing, it considers it expedient to do so in public interest.] ### 61A. [ Validation of licenses of foreign aircraft maintenance engineers. [Inserted by G.S.R. 399, dated 28.7.2001. ] - When a license to an aircraft maintenance engineer has been granted by the duly competent authority in any contracting State and is for the time being in force, the Central Government may, subject to such conditions and limitations and for such period as it thinks fit, confer on such license the same validity for the purpose of manufacturing/ certifying aircrafts registered in India as if it had been granted under these rules and a license so validated shall be subject to provisions of [rule 19 and sub-rule (14) of rule 61].] [Note. - For the purpose of this rule, foreign aircraft falling under sub-rule (3) of rule 1 shall be deemed as aircraft registered in India and Indian aircraft falling under sub-rule (4) of rule 1 shall be deemed as aircraft not registered in India.] [Inserted by G.S.R. 150(E) , dated 4.3.2009 (w.e.f. 4.3.2009). ] ### 62. [ Fees. [Substituted by G.S.R. 6(E) , dated 3.1.1991. ] - [(1) The following fees shall be payable for issue or validation of type certificate, issue, renewal or validation of certificate of airworthiness and issue, renewal or modification in the scope of license, authorisation, approval or certificate of competency required by this part, namely:-- (A) [ Issue of type certification or restricted type certificate under rule 49 and 49-A :- | | | | | --- | --- | --- | | (i) | for an aircraft having maximum design take-off weight– | | | | (a) of 1,000 kilograms or less | Rs. 40,000 | | | (b) exceeding 1,000 kilograms, for every 1000 kilograms or part thereof | Rs. 20,000 | | (ii) | for engines - | | | | (a) Reciprocating | Rs. 4,00,000 | | | (b) Turbine | Rs. 20,00,000 | | (iii) | for helicopters having maximum design take-off weight– | | | | (a) of 1,000 kilograms or less | Rs. 48,000 | | | (b) exceeding 1,000 kilograms, for every 1000 kilograms or part thereof | Rs. 24,000 | | (iv) | for each propeller, when processed individually | Rs. 4,00,000 | (B) Validation of type certificate under Rule 49-B:- (i) The fee for validation of type certificate for the purposes of operation shall be twenty five percent of the fee payable under item (A). (ii) The fee for validation of type certificate for the purposes of licensed production shall be fifty percent of the fee payable under item (A). (C) Issue, renewal or validation of certificate of airworthiness under rule 50- | | | | | --- | --- | --- | | (i) | Issue of certificate of airworthiness for an aircraft having maximum permissible take-off weight- | | | | (a) of 1,000 kilograms or less | : Rs. 20,000 | | | (b) exceeding 1,000 kilograms, for every 1,000 kilograms or part thereof | : Rs. 1,000 | | (ii) | Validation or renewal of the certificate or airworthiness | : Fifty per cent fees payable under Sub-item (i) | | (iii) | issue of duplicate certificate of airworthiness | : Ten per cent of the fees payable under sub-item (i) | (CA) [ Type approval of an aircraft component, equipment, instrument and other similar part under rule 49H: | | | | | --- | --- | --- | | (i) | for each aircraft component, equipment, instrument and other similar part, when processed individually | Rs.40,000 | (CB) Acceptance of Design under rule 49-I: The fee for acceptance of design shall be fifty percent of the fee payable under item (A) .] [Inserted by Notification No. G.S.R. 721(E) , dated 23.6.2017 (w.e.f. 23.3.1937).] (D) [ Issue or validation of certificate of airworthiness, special certificate of airworthiness, and issue or extension of airworthiness review certificate under rule 50: | | | | --- | --- | | (i) | Issue of Certificate of Airworthiness/ Special Certificate of Airworthiness for an aircraft having maximum permissible take-off weight - | | | (a) of 1,000 kilograms or less | Rs. 20,000 | | | (b) exceeding 1 ,000 kilograms, for every 1,000 kilograms or part thereof | Rs. 1,000 | | (ii) | Validation of Certificate of Airworthiness/ Special Certificate of Airworthiness | Fifty percent of the fees payable under sub-item(i) . | | (iii) | Issue or extension of Airworthiness Review Certificate or renewal of Special Certificate of Airworthiness | Fifty percent of the fees payable under sub-item (i) | | (iv) | Issue of duplicate certificate of airworthiness or Airworthiness Review Certificate or special certificate of airworthiness | Ten percent of the fee payable under sub-item (i) , as applicable. | | (v) | Change in Category/ sub-Category in certificate of airworthiness or special certificate of airworthiness | Twenty five percent of the fee payable under sub-item (i) , as applicable. | | (vi) | Issue of Special Flight Permit | Ten percent of the fee payable under sub-item (i) , as applicable.] | [Substituted by Notification No. G.S.R. 721(E) , dated 23.6.2017 (w.e.f. 23.3.1937).] Note. - The maximum permissible take-off weight for the purpose of this rule shall be as indicated in the Flight Manual of the aircraft.] [1-A An additional amount of one lakh fifty thousand rupees shall be payable if the inspection, examination or test mentioned in sub-rule (1) is required to be carried out at any place outside India.] [Inserted by Notification No. G.S.R. 745 (E) dated 12.10.2009 (w.e.f. 23.3.1937) ] (2) The fee shall be paid by crossed Indian Postal Order or Demand Draft drawn in favour of the [Pay and Accounts Office, Director-General of Civil Aviation, Ministry of Civil Aviation, New Delhi.] [Substituted by G.S.R. 101(E) , dated 19.2.2009 (w.e.f. 19.2.2009). ] (3) Where for any reason, the license or authorisation or certificate, is not issued, renewed or validated, as the case may be, the Director-General may refund to the applicant such portion of the fees paid as represents the cost of any examination or test or inspection not carried out or any license, authorisation or a certificate not issued or renewed or validated, as the case may be.] Part VII – Radio Telegraph Apparatus -------------------------------------- ### 63. [ Aircraft for which radio apparatus is obligatory. [Substituted by G.S.R. 323(E) , dated 12.3.1994. ] (1) All aircraft registered in India and required to be operated in accordance with VFR/IFR condition shall be provided with communication equipment which is capable of conducting two-way communication at all times with those aeronautical stations and on those frequencies as prescribed by the appropriate authority. The communication equipment so provided shall be of a type approved by the airworthiness authority of the country of manufacture of aircraft and acceptable to the Director-General. (2) An aircraft shall be provided with navigation equipment which will enable it to proceed- (a) in accordance with the flight plan; and (b) in accordance with the requirement of air traffic services, except when, if not so precluded by the appropriate authority, navigation for flights under the visual flight rules is accomplished by visual reference to land marks at least every 110 kms. (60 Nautical Miles).] [Note.-For the purpose of this rule, foreign registered aircraft falling under sub-rule (3) of rule 1 shall be deemed as aircraft registered in India and Indian registered aircraft falling under sub-rule (4) of rule 1 shall be deemed as aircraft not registered in India.] [Added by G.S.R. 20(E) , dated 12.1.1994. ] ### 64. [ [Omitted by Notification No. G.S.R. 481(E) , dated 15.5.2017 (w.e.f. 23.3.1937).] \* \* \*] | | | --- | | 64. Suspension of rules.- The application of the rules in this Part may be suspended when owing to the lack of radio-telegraph organizations available for air traffic in a particular region the employment of radio-telegraph apparatus on board aircraft would serve no useful purpose. | [PART VIII] [Substituted by G.S.R. 610(E) , dated 14.8.1984. ] Aeronautical Beacon, Aeronautical Ground Lights And False Lights ### 65. Aeronautical beacon and aeronautical ground lights. (1) No aeronautical beacon or aeronautical ground light shall be established or maintained within India nor shall the character of the light exhibited therefrom be altered except with the approval in writing of the Central Government and subject to such conditions as may be prescribed. (2) No person shall wilfully or negligently endanger or interfere with any aeronautical beacon or aeronautical ground light established or maintained by or with the approval of the Central Government or any light exhibited therefrom. ### 66. False lights. (1) Whenever in India any light is exhibited-- (a) in the vicinity of an aerodrome or an aeronautical beacon within a radius of 5 kilometres, so as to be liable to be mistaken for an aeronautical ground light or an aeronautical beacon; or (b) which by reason of its liability to be mistaken for an aeronautical ground light or an aeronautical beacon is calculated to endanger the safety of an aircraft; or (c) which being in the vicinity of an aerodrome is liable by reason of its glare to endanger the safety of an aircraft arriving at or departing from the aerodrome; or (d) which may prevent or cause confusion by reason of its intensity, configuration or colour in the clear interpretation of visual aids for navigation denoting obstacles or restricted use areas, the Central Government may serve a notice upon the owner or person in possession of the place where the light is exhibited or upon the person having charge of the light, directing that owner or person, within a reasonable time to be specified in the notice, to take effectual means for extinguishing or for effectually screening the light and for preventing for the future the exhibition of any similar light. (2) The notice may be served either personally or by post, or by affixing the same in some conspicuous place near to the light to which the notice relates. (3) An owner or person on whom a notice under sub-rule (1) has been served shall, in the absence of reasonable cause, the burden of proving which shall be upon him, comply with the directions contained in the notice. (4) If any owner or person on whom a notice under this rule is served, neglects for a period of seven days to extinguish or effectually to screen the light mentioned in the notice, the Central Government may enter upon the place where the light is and forthwith extinguish the same, doing no unnecessary damage. Part IX – LOG BOOKS --------------------- ### 67. Log books and logs. (1) The following log books shall be kept and maintained in respect of all aircraft registered in India, namely:-- (a) a journey log book; (b) an aircraft log book; (c) an engine log book for each engine installed in the aircraft; (d) a propeller log book for every variable pitch propeller installed in the aircraft; (e) a radio apparatus log book for aircraft filled with radio apparatus; (f) any other log book that may be required by the Director-General. (2) The Director-General may require that a technical log or flight log be provided in respect of an aircraft and be maintained in such manner as may be specified by him. (3) Log books shall be of such type and shall contain such information, entries and certification as may be specified by the Director-General Log books and logs shall be preserved until such title as may be specified. [Explanation.-For the purpose of this rule, the expression "journey log book" includes any other form or manner of recording the requisite information acceptable to the Director-General.] [Substituted by G.S.R. 323(E) , dated 12.3.1994. ] [Note.-For the purpose of this rule, foreign registered aircraft falling under sub-rule (3) of rule 1 shall be deemed as aircraft registered in India and Indian registered aircraft falling under sub-rule (4) of rule 1 shall be deemed as aircraft not registered in India.] [Added by G.S.R. 20(E) , dated 12.1.1994. ] ### 67A. [ Log books of flight crew personnel and logging of flight time. [Inserted by G.S.R. 1238, dated 8.9.1962.] (1) Every member of the flight crew licensed under these rules shall maintain a personal log book, in the form prescribed by the Director-General and all flight times shall be logged therein. (2) All entries in log books shall be made in ink. (3) Log books shall be preserved for not less than 5 years after the date of the last entry therein. (4) Every member of the flight crew shall certify the accuracy of the entries in his log book with respect to flight time at least at the end of each calendar month. The pilot-in-command during dual instruction shall certify entries with respect to flight time during such dual instruction. At the end of every quarter in a year, that is, at the end of March, June, September and December, log books shall be certified for correctness of entries therein,-- (a) by competent authorities, such as the Operations Manager, Deputy Operations Manager, or Chief Pilot of the [Air Transport Undertaking] concerned, in the case of professional pilots, (b) by the Chief Flying Instructor, in the case of members of the [Flying Training Orginasation] [Substituted 'Club' by Notification No. G.S.R. 481(E) , dated 15.5.2017 (w.e.f. 23.3.1937).] , and (c) [ by Officers designated by Director-General of Civil Aviation in the case of all other persons.] [Substituted by G.S.R. 637(E) , dated 4.10.1993. ] (5) Flight time during which a pilot is under dual instruction shall be entered in his log book as "dual" and the pilot giving instruction shall make entries in the log book of the pilot under instruction showing the nature of the instruction given. (6) Flight time spent in performing, under supervision of a pilot-in--command, the duties and functions of a pilot-in-command may be logged as pilot-in-command provided the person is entitled and authorised to fly in command of that type of aeroplane by virtue of the ratings and privileges of his pilot's license. In all other cases, such flight time shall be logged as Co-pilot with appropriate indication in the remarks column. (7) The holder of a Student Pilot's License may log as pilot-in-command only that portion of the flight time during which he is the sole occupant of an aircraft provided that, in the case of an aircraft which requires more than one pilot in accordance with sub-rule (7) of rule 38-A and rule 6-B, he may log as pilot-in--command that portion of the flight time during which he acts as pilot-in--command of the aircraft. (8) The holder of a Private Pilot's License may log as pilot-in-command only the flight time during which he acts as pilot-in-command. (9) The holder of a Commercial, [\* \* \*] [Omitted 'Senior Commercial' by Notification No. G.S.R. 481(E) , dated 15.5.2017 (w.e.f. 23.3.1937).] or Airline Transport Pilot's License may log as pilot-in-command the flight time during which he acts as pilot-in-command. He shall log as Co-pilot the flight time during which he acts as Co-pilot. (10) A Flight Instructor may log as pilot-in-command the flight time during which he acts as an Instructor but the log entries shall indicate in the remarks column that the flight time was flown as an Instructor. (11) Instrument flight time may be logged by the pilot manipulating the controls of an aircraft in flight only when the aircraft is flown solely by reference to instruments, either under actual or simulated instrument flight conditions. Over-the-top flying shall not be logged as instrument flying time. (12) Instrument ground time may be logged in full by the pilot while flying solely by reference to instruments, in any recognised synthetic device which simulates instrument flight conditions. (13) A pilot who acts as Examiner [\* \* \*] [Omitted or Check Pilot' by Notification No. G.S.R. 481(E) , dated 15.5.2017 (w.e.f. 23.3.1937).] may log as pilot-in-command the flight time during which he so acts, provided he is entitled and authorised to fly in command of that type of flying machine by virtue of the ratings and privileges of his pilot's license. (14) A Flight Navigator shall log the flight time as a Flight Navigator during which he is engaged in actual navigational duties. Flight time during which a Flight Navigator performs actual navigational duties under supervision of a licensed Flight Navigator shall be logged as a Flight Navigator with the indication "under supervision" in the remarks column. (15) A Flight Engineer shall log the flight time as a Flight Engineer during which he is engaged in actual Flight Engineer's duties. Flight time during which a Flight Engineer performs actual Flight Engineer's duties under supervision of a licensed Flight Engineer shall be logged as Flight Engineer with the indication "under supervision" in the remarks column.] (16) [ A Flight Radio Telephone Operator shall log the flight time during which he actually performs the duties of a Flight Radio Telephone Operator.] [Substituted by G.S.R. 485(E) , dated 28.6.2001 (w.e.f. 28.6.2001). ] ### 67AA. [ Log Books of Aircraft Maintenance Personnel. [Inserted by Notification No. G.S.R. 911 (E) , dated 16.9.2016 (w.e.f. 23.3.1937).] - Every person holding an Aircraft Maintenance Engineer's Licence or in the process of qualifying for such licence under these rules shall maintain a personal log book, in the form and manner as specified by the Director General and record aircraft maintenance work carried out or supervised by him in such log book.] ### 67B. [ [Inserted by G.S.R. 1238, dated 8.9.1962. ] No person shall destroy, mutilate, alter or render illegible any entry made, or willfully make or procure or assist in the making of any false or fraudulent entry in or omission from any log book referred to in rules [\* \* \*].] Part X – and XA ----------------- Omitted by Notification No. G.S.R. 535 (E) dated 5.7.2012 (w.e.f. 23.3.1937) | | | --- | | [Part X] [Substituted by G.R.O. 3779, dated 23.12.1955. ] Investigation of Accidents 68. Notification of accidents. (1) An accident in which an aircraft is involved shall be notified in accordance with the provisions of sub-rules (3), (4) and (5) of this rule if between the time any person boards the aircraft with the intention of flight until such time as all such persons have disembarked,-- (a) any person suffers death or serious injury as a result of being in or upon the aircraft or by direct contact with the aircraft or anything attached thereto, or (b) the aircraft receives substantial damage. (2) The term "substantial damage" used in sub-rule (1) shall include any damage which necessitates the replacement or extensive repair of any major component. (3) Where an accident occurs which has to be notified under sub-rule (1), the person-in-command of the aircraft or, if he be killed or incapacitated, the owner, the operator, the hirer or other person on whose behalf he was in command of the aircraft, as the case may be, shall-- (a) send notice thereof to the Director-General, and (b) give information to the District Magistrate and the Officer-in-charge of the nearest Police Station. (4) The notice and information shall be sent as soon as possible and by the quickest means available and in any case within 24 hours after the occurrence of the accident. (5) The notice to the Director-General shall contain the following information, namely:- (i) the type, nationality and registration marks of aircraft; (ii) the name of the owner, operator and hirer of the aircraft; (iii) the name of the person-in-command of the aircraft; (iv) the names and description of the crew of the aircraft; (v) the nature and purpose of the flight; (vi) the date and time of the accident; (vii) the place where the accident occurred; (viii) the last point of departure and the next point of intended landing of the aircraft; (ix) the nature of the accident; (x) the number and description of the persons killed and injured as a result of the accident; and (xi) the extent of known damage to the aircraft. 69. Report on accidents. - The person-in-command or the owner of the aircraft which has been involved in an accident, whether or not it is required to be notified under rule 68(1) , shall, if so required by the Director-General, submit to him a written report on such accident in such form as he may prescribe. 70. Removal and preservation of damaged aircraft. (1) In the case of an accident which is required to be notified under rule 68 or 69, or in any other case in which the Director-General gives notice to the owner or other person in-charge of the aircraft to this effect, the aircraft shall not, except under the authority of the Director-General, be removed or otherwise interfered with: Provided that, subject to compliance with the provisions of rule 61 of the Indian Aircraft Rules, 1920, in so far as they may be applicable-- (i) if the aircraft is wrecked on water, the aircraft or any parts or contents thereof may be removed to such extent as may be necessary for bringing it or them to a place of safety; (ii) the aircraft or any parts or contents thereof may be removed or interfered with so far as may be necessary for the purpose of extricating persons or animals dead or alive, of preventing the destruction of the aircraft and its contents by fire or other cause or of preventing any damage or obstruction to the public or to air navigation or to other transport; (iii) goods shall not be removed from the aircraft except under the supervision and with the concurrence of an officer of the Civil Aviation Department; (iv) passengers' and crews' personal luggage may be removed from the aircraft under the supervision of an Officer of Police Department, a Magistrate, or an Officer of the Civil Aviation Department; and (v) mails may be removed under the supervision of an Officer of the Police Department, a Magistrate, an Officer of the Civil Aviation Department or an Officer of the Posts & Telegraphs Department. (2) The Director-General may, for the purposes of any investigation or inquiry under these rules, authorise any person to take measures for the preservation of any aircraft involved in an accident, and such person may thereupon have access to examine or otherwise deal with the aircraft. (3) The owner of the aircraft or his nominated representative shall have the right to be present during any examination or other action taken under sub-rules (1) and (2), provided that the Director-General shall not be bound to postpone any action which he may consider necessary under this rule by reason of the absence of the owner or his representative. 71. Inspector's investigation. (1) The Director-General may order the investigation of any accident involving an aircraft whether, such accident is required to be notified under rule 68 or not, and may, by general or special order appoint any person (hereinafter referred to as an "Inspector of accidents") for the purpose of carrying out such investigation. (2) The investigation referred to in sub-rule (1) shall be held in private. (3) The investigation shall be conducted in such a manner that if a charge is made or likely to be made against any person and if it appears to the Inspector of accidents to be practicable so to do, that person shall be given notice that blame may be attributed to him; and thereupon he may be given a reasonable opportunity of being present and making any statement or giving any evidence and producing witnesses on his behalf and examining any witnesses from whose evidence it appears that blame may be attributed to him. (4) A public notice that such investigation is taking place may be given by the Director-General in such manner as he thinks fit and every such public notice shall state that any person who may desire to make representation concerning the circumstances or causes of the accident may do so in writing within the time specified in the notice. (5) [ The Inspector of Accidents shall make a report to the Director-General in the format specified by the Director-General.] [Substituted by G.S.R. 168(E) , dated 13.3.2009 (w.e.f. 13.3.2009). ] (6) The Director-General shall forward the report of the Inspector of Accidents to the Central Government with such comments as the Director--General may think fit to make and the Central Government may, at its discretion, make the whole or part of any such report of public in such manner as it may consider fit. 72. Powers of Inspector of accidents. - For the purpose of such investigation an Inspector of accidents shall have power,-- (a) by summons under his hand to require the attendance of any person whom he thinks fit to call before him and examine for such purpose and to require answers or returns to any inquiry he thinks fit to make; (b) to require any such person to make and to sign a declaration regarding the true nature of statements made by him; (c) to require and enforce the production of all books, paper, documents and articles which he may consider necessary for the investigation, and to retain any such books, papers, documents and articles until completion of the investigation:[\*] [The word " and" omitted by G.S.R. 168(E) , dated 13.3.2009 (w.e.f. 13.3.2009). ] Provided that the information, books, papers, documents and articles, including cockpit voice recordings and transcripts from such recordings shall not be made available for purposes other than the investigation of the accident, except for the purposes of the Right of Information Act, 2005 ( [22 of 2005 );] [Inserted by G.S.R. 168(E) , dated 13.3.2009 (w.e.f. 13.3.2009). ] (d) to have access to and examine any aircraft involved in the accident, the place where the accident occurred or any other place, the entry upon and examination of which appears to the Inspector necessary for the purpose of the investigation. 73. Inspector's fee. - When a person other than an officer of Government is appointed an Inspector of accidents he may be granted such fee and expenses as may be determined by the Central Government. 74. Committee of inquiry. (1) The Central Government may, at its discretion, appoint a Committee of inquiry composed of two or more persons to hold an inquiry into an accident in which an aircraft is involved, and such a Committee shall have the same powers as an Inspector of accidents under rule 72. (2) The Committee of inquiry may at its discretion hold the inquiry in public or in private. (3) The inquiry shall be conducted in such a manner that if a charge is made or likely to be made against any person, that person shall be given notice that blame may be attributed to him and thereupon he may be given a reasonable opportunity of being present and making any statement or giving any evidence and producing witnesses on his behalf and examining any witnesses from whose evidence it appears that blame may be attributed to him. (4) A public notice that an inquiry is taking place may be given by the Central Government in such manner as it may think fit and every such notice shall state that any person who may desire to make representations concerning the circumstances or causes of the accident may do so in writing within the time specified in the notice. (5) [ The Committee of inquiry shall make a report to the Central Government in the format specified by the Director-General.] [Substituted by G.S.R. 168(E) , dated 13.3.2009 (w.e.f. 13.3.2009). ] (6) The Central Government may cause the whole or part of any such report of the Committee of inquiry to be made public in such manner as it may think fit. (7) When a person other than an officer of Government is appointed as a member of the Committee of inquiry he may be granted such fee and expenses as may be determined by the Central Government. (8) Every person summoned by the Committee of inquiry as a witness in accordance with these rules shall be allowed such expenses as the Central Government may from time to time determine. 75. Formal investigation. - Where it appears to the Central Government that it is expedient to hold a formal investigation of an accident, it may, whether or not an investigation or an inquiry has been made under rule 71 or 74, by order direct a formal investigation to be held and with respect to any such formal investigation the following provisions shall apply, namely:- (1) The Central Government shall appoint a competent person (hereinafter referred to as "the Court"), to hold the investigation, and may appoint one or more persons possessing legal, aeronautical, engineering, or other special knowledge to act as assessors. It may also direct that the Court and the assessors shall receive such remuneration as it may determine. (2) [ The Court shall hold the investigation in open Court in such manner and under such conditions as the Court may think fit for ascertaining the causes and circumstances of the accident and for enabling it to make the report hereinafter mentioned: Provided that where the Court is of opinion that holding the investigation is likely,-- (a) to be prejudicial to the interests of any country; or (b) to jeopardise the personal safety of a person who is willing to make any statement or give evidence, the Court may, hold in camera, the whole or part of the investigation.] (3) (i) The Court shall have, for the purpose of the investigation, all the powers of a Civil Court under the Code of Civil Procedure, 1908 and without prejudice to those powers the Court may,-- (a) enter and inspect, or authorise any person to enter and inspect, any place or building, the entry or inspection whereof appears to the Court requisite for the purposes of the investigation; and (b) enforce the attendance of witnesses and compel the production of documents and material objects; and every person required by the Court to furnish any information shall be deemed to be legally bound to do so within the meaning of section 176 of the Indian Penal Code: Provided that the information, books, papers, documents and articles, including cockpit voice recordings and transcripts from such recordings shall not be made available for purposes other than the investigation of the accident, except for the purposes of the Right to Information Act, 2005 ( [22 of 2005 );] [Inserted by G.S.R. 168(E) , dated 13.3.2009 (w.e.f. 13.3.2009). ] (ii) The assessors shall have the same powers of entry and inspection as the Court. (4) The investigation shall be conducted in such manner that, if a charge is made or likely to be made against any person, that person shall have an opportunity of being present and of making any statement or giving any evidence and producing witnesses on his behalf. (5) Every person attending as a witness before the Court shall be allowed such expenses as the Court may consider reasonable: Provided that, in the case of the owner or hirer of any aircraft concerned in the accident and of any person in his employment or any other person concerned in the accident, any such expenses may be disallowed if the Court, in its discretion, so directs. (6) [ The Court shall make a report to the Central Government in the format specified by the Director-General.] [Substituted by G.S.R. 168(E) , dated 13.3.2009 (w.e.f. 13.3.2009). ] (7) The assessors (if any) shall either sign the report, with or without reservations, or state in writing their dissent therefrom and their reasons for such dissent, and such reservations or dissent and reasons (if any) shall be forwarded to the Central Government with the report. The Central Government may cause any such report and reservation or dissent and reasons (if any) to be made public, wholly or in part in such manner as it thinks fit. 75A. [ Reopening of investigation. [Inserted by G.S.R. 168(E) , dated 13.3.2009 (w.e.f. 13.3.2009). ] - Where it appears to the Central Government that any new and material evidence has become available after completion of the investigation under rule 71, 74 or 75, as the case may be, it may, by order, direct the reopening of the same.] [Substituted by G.S,R. 816(E) , dated 29.10.1985. ] 76. Obstruction of proceedings. (1) No person shall obstruct or impede the Court or a member of the Committee of inquiry of an Inspector of accidents or an assessor or any person acting in the exercise of any powers or duties under the rules in this Part. (2) No person shall without reasonable excuse (the burden of proving which shall lie on him) fail to comply with any summons or requisition of a Court or a Committee of inquiry or an Inspector of accidents holding an investigation or an inquiry under the rules in this Part. 77. [ Participation of Accredited Representatives. [Substituted by G.S.R. 168(E) , dated 13.3.2009 (w.e.f. 13.3.2009).] - (1) An accredited representative of the State of registry, the State of operator, the State of design and the State of manufacturer of the aircraft and of any other State which has, on request, furnished information in connection with the accident, shall each be entitled to participate in the investigation by an Inspector of Accidents or an inquiry by a Committee of Inquiry or a formal investigation by a Court or investigation by an Inquiry Officer, as the case may be, into the accident or serious incident of an aircraft, whether or not the aircraft is registered in India. (2) The accredited representative may be accompanied by such technical or other advisers as may be considered necessary by the authorities of the State by which he is appointed.] 77A. [ Consultation. [Substituted by G.S.R. 168(E) , dated 13.3.2009 (w.e.f. 13.3.2009).] - (1) A copy of the draft report shall be forwarded each to the State that instituted the investigation, the State that participated in the investigation, the State of registry, the State of operator, the State of design and the State of manufacturer, inviting their comments on the report. (2) In case the comments are received within sixty days of the issuance of the draft report referred to in sub-rule (1), it shall be amended either by inclusion of the substance of the comments therein or by appending the comments thereto.] 77AA. [ Saving.] [Renumbered by G.S.R. 168(E) , dated 13.3.2009 (w.e.f. 13.3.2009). ] - Nothing in this Part shall limit the power of the Central Government with regard to the cancellation, suspension or endorsement of any license or certificate issued under these rules.] [PART X-A] [Inserted by G.S.R. 537, dated 23.4.1980. ] INVESTIGATION OF INCIDENTS 77B. Notification of incidents. (1) Where an aircraft is involved in an incident, the pilot-in-command, the owner, the operator and the hirer, if any, of such aircraft shall notify the incident to the Director-General within 48 hours of the incident: [Provided that in case of a serious incident, the information shall be sent as soon as possible by the quickest means available and in any case within 24 hours after the occurrence of such incident.] [Inserted by G.S.R. 168(E) , dated 13.3.2009 (w.e.f. 13.3.2009). ] (2) The communication notifying the incident under sub-rule (1) shall contain the following information namely:-- (i) the type, nationality and registration marks of the aircraft; (ii) the name of the owner, operator and hirer of the aircraft; (iii) the name of the pilot-in-command. (iv) the names and description of the crew of the aircraft; (v) the nature and purpose of the flight; (vi) the date and time of the incident; (vii) the place where the incident occurred; (viii) the last point of departure and the next point of intended landing of the aircraft; (ix) the nature of the incident. 77C. [ Investigation of an incident. [Substituted by G.S.R. 956, dated 19.11.1983. ] - (1) The Director-General may order the investigation of any incident involving an aircraft or a person associated with the maintenance and operation of aircraft, or both, and may, by general or special order, appoint a competent and duly qualified person having experience in aviation accident/incident investigation as inquiry officer for the purpose of carrying out such investigation.] (2) The investigation referred to in sub-rule (1) be held in private. (3) The investigation shall be conducted in such a manner that if a charge is made or is likely to be made against any person and if it appears to the inquiry officer to be practicable so to do that person shall be given notice that blame may be attributed to him, and thereupon he may be given a reasonable opportunity of being present and making any statement or giving any evidence and producing witnesses on his behalf and examining any witnesses from whose evidence it appears that blame may be attributed to him. (4) A public notice that such investigation is taking place may be given by the Director-General in such manner as he thinks fit and every such public notice shall state that any person who may desire to make a representation concerning the circumstances or causes of the incident may do so in writing within the time specified in the notice. (5) The inquiry officer shall make a report to the Director-General stating all relevant facts with regard to the incident and his conclusions with regard to the causes of the incident and adding any observations and recommendations which he may think fit to make with a view to avoidance of similar incidents in future. (6) The Director-General shall forward the report of the inquiry officer to the Central Government with such comments as the Director-General may think fit to make and the Central Government may, at its discretion, make the whole or part of any such report public in such a manner as it may consider fit. 77D. Powers of inquiry officer. - For the purpose of such investigation, an inquiry officer shall have power- (a) by summons under his hand to require the attendance of any person whom he thinks fit to call before him and examine for such purpose and to require answer or returns to any inquiries he thinks fit to make; (b) to require any such person to make and to sign a declaration regarding the true nature of the statements made by him; (c) to require and enforce the production of all books, papers, documents and articles which he may consider necessary for the investigation, and to retain any such books, papers, documents and articles until completion of the investigation:[\*] [The word " and" omitted by G.S.R. 168(E) , dated 13.3.2009 (w.e.f. 13.3.2009) ] Provided that the information, books, papers, documents and articles, including cockpit voice recordings and transcripts from such recordings shall not be made available for purposes other than the investigation of the incident, except for the purposes of the Right to Information Act, 2005 ( [22 of 2005 );] [Inserted by G.S.R. 168(E) , dated 13.3.2009 (w.e.f. 13.3.2009). ] (d) to have access to and examine any aircraft involved in the incident, the place where the incident occurred or any other place, the entry upon and examination of which appears to the inquiry officer necessary for purposes of investigation.] | [PART XI [Part XI (containing Rules 78 to 92) substituted by G.S.R. 732(E) , dated 2.11.2004 (w.e.f. 5.11.2004). ] AERODROMES ### 78. Licensing of aerodromes. (1) [No aerodrome other than a defence aerodrome] [Substituted by Notification No. G.S.R. 977 (E) , dated 5.10.2016 (w.e.f. 23.3.1937).] shall be used as a regular place of landing and departure by a Scheduled air transport service or for a series of landings and departures by any aircraft carrying passengers or cargo for hire or reward unless-- (a) it has been licensed for the purpose, and save in accordance with the conditions prescribed in such license; or (b) it has been approved by the Director-General, subject to such conditions as he may deem fit, for the purpose of operation of flights in the event of national or international crisis, natural calamities, emergencies or otherwise requiring such flights to carry material goods for relief purposes, or for giving joyrides for hire or reward: Provided that any person already permitted and operating scheduled air transport services to an aerodrome before the commencement of the Aircraft (4th Amendment) Rules, 2004 may continue operation of such services till such person obtains the license from the Director-General by the date to be notified by the Central Government. (1A) [ A defence aerodrome shall not be used as a regular place of landing and departure by a scheduled air transport service, unless it has been certified as per the requirements specified by the Director-General: Provided that nothing contained in this sub-rule shall apply to a defence aerodrome, for such a period as may be notified by the Central Government in the Official Gazette, if such scheduled air transport services are already operating to that aerodrome on the date of commencement of the Aircraft (Fourth Amendment) Rules, 2016.] [Inserted by Notification No. G.S.R. 977 (E) , dated 5.10.2016 (w.e.f. 23.3.1937).] (2) An aerodrome shall be licensed by the Central Government in one of the following categories, namely:-- (a) for public use; (b) for private use, that is to say, for use by the licensee and by individuals specifically authorised by the licensee. (3) An aerodrome may be licensed for all types of aircraft or for certain specified types or classes of aircraft and the license may specify the conditions on which the aerodrome may be used. (4) No person shall operate or cause to be operated any flight from a temporary aerodrome or an aerodrome which has not been licensed or approved, as the case may be, under these rules unless it meets the minimum safety requirements laid down by the Director-General. ### 79. Qualifications of licensee. - A license for an aerodrome shall not be granted to any person other than-- (a) a citizen of India; or (b) a company or a body corporate: Provided that-- (i) it is registered and having its principal place of business in India; (ii) it meets the equity holding criteria specified by the Central Government from time to time; or (c) the Central Government or a State Government or any company or any corporation owned or controlled by either of the said Governments; or (d) a society registered under the Societies Registration Act, 1860 (21 of 1860). ### 80. Procedure for grant of license. (1) An application for the grant of license for an aerodrome shall be made to the Director-General alongwith the Aerodrome Manual. (2) The application under sub-rule (1) shall be in such form and contain such particulars as may be specified by the Director-General. (3) The Director-General may, for disposal of the application, require the applicant to furnish any additional information which he considers necessary. (4) The Director-General may also require the applicant to produce evidence in support of any information furnished in the application. ### 81. Aerodrome Manual. (1) An Aerodrome Manual, in the form as specified by the Director-General, shall be maintained by the licensee in respect of aerodrome licensed under these rules. (2) The Aerodrome Manual shall, in addition to any other relevant information, contain the following particulars, namely:-- (a) General.-General information including purpose and scope of the aerodrome manual, legal requirement for an aerodrome license, conditions for the use of the aerodrome, availability of aeronautical information system, the system for recording aircraft movement and the obligation of the aerodrome operator; (b) Particulars of the aerodrome site.-Information including a plan of the aerodrome showing the main facilities for the operation of the aerodrome, boundaries of the aerodrome, distance of the aerodrome from the nearest city and particulars of the title of the aerodrome site; (c) Particulars of the aerodrome required to be reported to the aeronautical information service.-Information regarding name of the aerodrome, location of the aerodrome, geographical coordinates, aerodrome elevation, elevation of runway threshold, aerodrome reference temperature, aerodrome beacon, name of the aerodrome operator, address and telephone numbers and aerodrome dimensions and related information; (d) Particulars of the aerodrome operating procedures and safety measures.- Information regarding aerodrome reporting, access to the aerodrome movement area, aerodrome emergency plan, rescue and fire-fighting, inspection of the aerodrome movement area and obstacle limitation surface by the aerodrome operator, visual aids and aerodrome electrical system, maintenance of the movement area, aerodrome walls-safety, apron management, apron safety management, airside vehicle control, wildlife hazard management, obstacle control, removal of disabled aircraft, handling of hazardous material, low visibility operations and protection of sites for radar and navigational aids; and (e) Aerodrome administration and safety management system.- Information including aerodrome organization chart showing the names and positions of key personnel, including their responsibilities, the names, position and telephone numbers of the person who is overall responsible for aerodrome safety, airport committees and safety management system. (3) A copy of the Aerodrome Manual or such part of the Manual as may be prescribed by the Director-General, shall be made available by the licensee to all units of the aerodrome. ### 82. Inspection. (1) Any person, authorised by the Director-General by general or special order in writing in this behalf, may, [at all reasonable times or intervals] [Substituted by Notification No. G.S.R. 1156 (E) , dated 15.12.2016 (w.e.f. 23.3.1937).] , enter any place to which access is necessary and to inspect and carry out tests on the aerodrome facilities, services and equipment, inspect aerodrome operator's documents and records, and verify the aerodrome operator's safety management system before the aerodrome license is granted or renewed and subsequently, at any other time, [for the purpose of surveillance to ensure safety and order at the aerodrome] [Substituted by Notification No. G.S.R. 1156 (E) , dated 15.12.2016 (w.e.f. 23.3.1937).] . (2) The aerodrome operator shall allow the person so authorised, access to any part of the aerodrome or any aerodrome facility, including equipment, records, documents and operator's personnel and shall co-operate in conducting the activities referred to in sub-rule (1). ### 83. Conditions governing the grant of license. (1) An aerodrome license shall be granted or renewed subject to such conditions as the Director-General considers necessary to ensure compliance with the Convention and the safety of aircraft operations. (2) While an aerodrome license is in force, no alteration to the landing area or to the building or other structure on the aerodrome which may affect the safety of aircraft shall be undertaken save with the previous approval of the Director-General and application for such approval shall be addressed to the Director-General and shall be accompanied by full particulars with plans of any such alteration including alteration to surrounding obstructions which may affect the safety of aircraft. (3) The necessary approval may be granted or withheld and if granted, may be granted subject to such conditions (including conditions involving a revision of the original conditions of aerodrome license) as the Director-General may think fit. (4) If any alteration of the nature referred to in sub-rule (2) is undertaken without the previous approval of the Director-General, the aerodrome license may be cancelled. (5) The licensee shall maintain the aerodrome in a fit state for use by aircraft and adequately marked to the satisfaction of the Director-General during the whole period of the currency of the license and shall, if the aerodrome becomes unserviceable, immediately inform the Director-General. (6) [ The Director-General may impose operating restriction on the license in the event of non-compliance with any condition imposed under sub-rule (1) or if any safety concern emerges during the aerodrome inspection and remains unresolved beyond the period specified by the Director-General.] [Inserted by Notification No. G.S.R. 1156 (E) , dated 15.12.2016 (w.e.f. 23.3.1937).] ### 84. Period of validity of license. - An aerodrome license may be granted for any period not exceeding twenty-four months, and on each occasion of renewal, may be renewed for any period not exceeding twenty four months. ### 85. Public aerodromes. - Every aerodrome which is licensed for public use or which is open to public use by aircraft registered in India upon payment of charges shall to the same extent and upon the same conditions, be open to use by aircraft possessing the nationality of any other contracting State. Every such aerodrome shall be open to use by any aircraft in the service of the Central Government. ### 86. Tariff charges. (1) At every aerodrome referred to in rule 85, there shall be exhibited in a conspicuous place a single tariff of charges, including charges for landing and length of stay, and such tariff shall be applicable alike to all aircraft whether registered in India or in any other contracting State. (2) In the case of aerodromes belonging to the Authority, the charges mentioned in sub-rule (1) shall be levied by the Authority in accordance with section 22 of the Airports Authority of India Act, 1994 ( 55 of 1994 ). (3) In the case of licensed public aerodromes, other than the aerodromes belonging to the Authority the charges mentioned in sub-rule (1) shall be determined by the licensee in accordance with the principle of cost recovery as specified by the International Civil Aviation Organisation and such charges shall be notified by the licensee with the approval of the Central Government or any authority constituted in this behalf by such Government. Explanation.-For the purpose of this rule, "Authority" means the Airports Authority of India constituted under section 3 of the Airports Authority of India Act, 1994 ( 55 of 1994 ). (4) [ Notwithstanding anything contained in sub-rules (2) and (3), in the case of a major airport, the tariff of charges referred to in sub-rule (1) shall be such as may be determined under clause (a) of sub-section (1) of section 13 of the Airports Economic Regulatory Authority of India Act, 2008.] [Inserted by Notification No. G.S.R. 757 (E) dated 14.10.2009 (w.e.f. 23.3.1937)] ### 87. Fee. (1) The fee chargeable for the grant of a license for an aerodrome shall be-- | | | | | --- | --- | --- | | (a) | When the license is granted for private use | Rs. 1,00,000; | | (b) | When the license is granted for public use | Rs. 5,00,000 up to runway length of 5,000 feet plus Rs. 2,00,000 for every 1,000 feet or part thereof. | (2) The fee chargeable for renewal of license of an aerodrome shall be fifty per cent. of the fee chargeable for the grant of the license. (3) The fee shall be payable by Bank Draft drawn in favour of [Pay and Accounts Office, Director-General of Civil Aviation, Ministry of Civil Aviation, New Delhi.] [ Substituted by G.S.R. 101(E) , dated 19.2.2009 (w.e.f. 19.2.2009).] ### 88. [ Passenger Service Fee. [Substituted by Notification No. G.S.R. 166 (E) dated 5.3.2014 (w.e.f. 10.3.2014) ] - The airport licensee may collect fees to be called the Passenger Service Fee from the embarking passengers at such rate as the Central Government may specify] [The airport licencee shall utilise the fees so collected for the infrastructure and facilitation of the passengers:] [Substituted by Notification No. G.S.R. 166 (E) dated 5.3.2014 (w.e.f. 10.3.2014)] [Provided that the rate of fees in respect of major airports shall be as determined under clause (1) of sub-section (1) of section 13 of the Airports Economic Regulatory Authority of India Act, 2008 (27 of 2008)] [Substituted by Notification No. G.S.R. 166 (E) dated 5.3.2014 (w.e.f. 10.3.2014)] ### 88A. [ Aviation security fees. [Inserted by Notification No. G.S.R. 166 (E) dated 5.3.2014 (w.e.f. 10.3.2014)] (1) The Central Government, or any other authority designated by it in its behalf, may levy and collect aviation security fees on:] (a) [ embarking passengers] [Inserted by Notification No. G.S.R. 166 (E) dated 5.3.2014 (w.e.f. 10.3.2014)] (b) [ cargo transported out of an airport] [Inserted by Notification No. G.S.R. 166 (E) dated 5.3.2014 (w.e.f. 10.3.2014)] (c) [ departing private aircrafts of general aviation] [Inserted by Notification No. G.S.R. 166 (E) dated 5.3.2014 (w.e.f. 10.3.2014)] (d) [ chartered aircraft operations; and] [Inserted by Notification No. G.S.R. 166 (E) dated 5.3.2014 (w.e.f. 10.3.2014)] (e) [ any other dedicated civil aviation operations] [Inserted by Notification No. G.S.R. 166 (E) dated 5.3.2014 (w.e.f. 10.3.2014)] [at such rate or rates, as the Central Government may specify from time to time, and different rates may be specified for different categories specified herein, to meet the expenditure on aviation security] [Inserted by Notification No. G.S.R. 166 (E) dated 5.3.2014 (w.e.f. 10.3.2014)] ### 88B. [ Regional Air Connectivity Fund. [Inserted by Notification No. G.S.R. 994 (E) , dated 21.10.2016 (w.e.f. 23.3.1937).] - The Central Government may establish the Regional Air Connectivity Fund for the purpose of providing viability gap funding to aircraft operators to promote regional air connectivity, or for any other purpose connected therewith, and the said fund shall be administered and utilised in the manner as may be specified by the Central Government. ### 88C. Regional Air Connectivity Levy. - In order to fund the Regional Air Connectivity Fund, the Central Government may impose a levy on scheduled flights being operated within India at such rates as the Central Government may notify from time to time having regard to the seating capacity of the aircraft used for the scheduled flights and the routes on which such flights are operated and the overall requirement of Regional Air Connectivity Fund. (2) Contributions to the Regional Air Connectivity Fund may also be made by the beneficiary State Governments in the manner and proportion as may be specified by the Central Government. (3) Contribution to the Regional Air Connectivity Fund may also be made by crediting proceeds from any other source as may be specified by the Central Government. Explanation. - For the purposes of rules 88B and 88C, the expression "Regional Air Connectivity" shall mean operation of an air transport service between any two airports in India of which at least one has been declared by the Central Government as unserved or under-served.] ### 89. [ User development fees. [Substituted by Notification No. G.S.R. 757 (E) dated 14.10.2009 (w.e.f. 23.3.1937)] - The licensee may - (i) levy and collect at a major airport the User Development Fee at such rate as may be determined under cluase (b) of sub-section (1)of section 13 of the Airports Economic Regulatory Authority of India Act, 2008; (ii) levy and collect at any other airport the User Development Fee at such rate as the Central Government may specify.] ### 90. Entry into public aerodromes. (1) No person shall enter or be in the terminal building of any Government aerodrome or public aerodrome or part of such building or any other area in such aerodrome notified in this behalf by the Central Government unless he holds an admission ticket issued by the aerodrome operator or an entry pass issued by the Commissioner of Security (Civil Aviation) [or any person authorized by the Central Government in this behalf] [Substituted for the words "or any other officer authorised by the Central Government in this behalf" by Notification No. G.S.R. 744 (E) 9.10.2009 (w.e.f. 23.30.1937)] . (2) No person, without permission in writing, by general or special order, of the Central Government or any officer authorised by that Government in this behalf, shall-- (a) enter or remain or cause any other person to enter or remain in the movement area; (b) leave or throw or cause to be thrown any animal, bird or property or object of any nature whatsoever in the movement area; (c) permit any animal under his possession or control or otherwise to stray in the movement area; and (d) operate any vehicle in the movement area. (3) Sub-rules (1) and (2) shall not apply to-- (a) any passenger embarking, disembarking or in transit who holds an air ticket; or (b) any person who is engaged on regular duty at an aerodrome and holds a Photo Identity Card issued by the Commissioner of Security (Civil Aviation) [or any person authorized by the Central Government in this behalf] [Substituted for the words "or any other officer authorised by the Central Government in this behalf" by Notification No. G.S.R. 744 (E) 9.10.2009 (w.e.f. 23.30.1937)] . (4) Notwithstanding anything contained in this rule, the officer-in-charge of an aerodrome [or any person authorized by the Central Government in this behalf] [Substituted for the words "or any other officer authorised by the Central Government in this behalf" by Notification No. G.S.R. 744 (E) 9.10.2009 (w.e.f. 23.30.1937)] , as the case may be, may, if he is satisfied that it is necessary or expedient so to do for the maintenance of proper order or decorum-- (i) refuse admission to any person into the terminal building or the movement area; or (ii) require any person in such building or such area to leave the same. ### 91. Prohibition of slaughtering and flaying of animals, depositing of rubbish and other polluted or obnoxious matter in the vicinity of aerodrome. - No person shall slaughter or flay any animal or deposit or drop any rubbish, filth, garbage or any other polluted or obnoxious matter including such material from hotels, meat shops, fish shops and bone processing mills which attracts or is likely to attract vultures or other birds and animals within a radius of ten kilometers from the aerodrome reference point: Provided that the Director-General or Joint Director-General of Civil Aviation or Deputy Director-General of Civil Aviation, as the case may be, may, if he is satisfied that proper and adequate arrangements have been made by the owners of hotels, meat shops, fish shops and bone processing mills so as to prevent attraction of vultures or other birds and animals, having regard to the vicinity of place of slaughter from the aerodrome, arrangements for disposal or deposit of carcass, rubbish and other polluted and obnoxious matter, grant permission in writing for the purpose. ### 92. Ground handling services. - The licensee shall, while providing ground handling service by itself, shall ensure a competitive environment by allowing the airline operator at the airport to engage, without any restriction, any of the ground handling service provider, who are permitted by the Central Government to provide such services: Provided that such ground handling service provider shall be subject to the security clearance of the Central Government.] ### 93. -133[\* \* \*] [Part XII (containing Rules 93 to 133) omitted by G.S.R. 1225, dated 15.10.1959. ] [PART XII] [Inserted by Notification No. G.S.R. 64(E) dated 3.2.2012 (w.e.f. 23.3.1937)] PERSONNEL OF AIR TRAFFIC SERVICES ### 93. Requirement of a licence for air traffic services personnel (1) No person shall engage himself in the provision of air traffiC services In the Indian airspace or in any airspace outside the Indian territory for which India has, in pursuance of any international arrangement. undertaken to provide air traffic services, unless he holds a valid air traffic controller's licence issued under these rules. (2) The designated military authority may provide the air traffic services to the civil aircraft in the airspace designated for military use in accordance with the provisions of this part and subject to the conditions specified by the Director-General: Provided that any person already engaged in the provision of air traffic services before the commencement of the Aircraft ( ...... Amendment) Rules, 2012, may continue to provide such services in accordance with the procedure specified by the Director-General till such person obtains the licence or till a date to be notified by the Central Government, whichever is earlier. ### 94. Provision of Air Traffic Services at an aerodrome. - The Director-General may direct an aerodrome operator to make provision for air traffic services, aerodrome flight information service or a means of two-way radio communication or any other service, as deemed fit in the interest of safety of aircraft operations. ### 95. Licensing Authority. (1) Subject to fulfilment of the requirements specified in this Part and Schedule III, the Central Government may grant or renew the following licences and ratings, namely:- (a) Student Air Traffic Controller's Licence (b) Air Traffic Controller's Licence (c) Aerodrome Control Rating (d) Approach Control Procedural Rating (e) Approach Control Surveillance Rating (f) Area Control Procedural Rating (g) Area Control Surveillance Rating (h) Flight Information Service Rating (i) Oceanic Control Rating (2) Before grant or renewal of a licence or rating, the licensing authority shall satisfy itself that the applicant meets the requirements of age, qualification, medical standard, knowledge, experience, training and skill, as specified in Schedule III. (3) The licence shall not be valid unless it bears the signature of the holder. (4) The licence shall remain valid for the period indicated therein which shall not exceed the period specified in rule104 unless suspended or cancelled earlier. (5) The Central Government may withhold the grant or renewal of a licence or rating and may cancel, suspend or vary any licence or rating if it is satisfied that there is a reasonable ground to do so: Provided that no such licence or rating shall be cancelled or suspended without giving a show cause notice, in writing, informing the holder of the licence or rating the ground on which it is proposed to suspend or cancel the licence or rating and giving him a reasonable opportunity of making a representation in writing within such reasonable time as may be specified in the notice and, if that person so desires, of being heard. (6) Notwithstanding anything contained in sub-rule (5), if the Central Government is of the opinion that in the interest of public safety 'It is necessary so to do, it may, for the reasons to be recorded in writing, summarily suspend the licence or rating with a view to making further enquiry. ### 96. Requirement for Radio Telephony Operator's Certificate. - A Student Air Traffic Controller's or an Air Traffic Controller's License shall be valid only if the licence holder possesses a certificate or authorisation for operating the radio telephony equipment in accordance with the provisions of the Indian Telegraph Act, 1885 ( 13 of 1885 ) and rules made thereunder. ### 97. Requirement of rating and unit endorsement. (1) No person shall perform duty as an air traffic controller in an air traffic services unit unless his licence contains the ratings for the said purpose: Provided that the holder of a Student Air Traffic Controller's Licence or' an Air Traffic Controller's Licence may perform duty in a particular air traffic services unit without the relevant rating. for the purpose of qualifying for endorsement of such rating in his licence, under the direct supervision of a person holding the rating for that particular air traffic services unit ,and authorised by the Director General to act as an instructor. (2) A licence may contain ratings for one or more air traffic services units. (3) Notwithstanding any thing contained in sub-rule (1). the Director-General may authorise deployment of an air traffic controller to perform air traffic control duties temporarily at an airport without endorsement of that airport on his licence, provided he holds similar ratings for another airport with higher air traffic density and is assessed as fit for such duties by an air traffic controller holding the rating for the airport of temporary duty. ### 98. Unit Training Plan. - Every air traffic service unit shall prepare a Unit Training Plan, detailing the syllabus for on the job training, examination and procedures to meet the requirement for ratings as specified in Schedule III and obtain the approval of the licensing authority for the same. ### 99. Fees and other charges. (1) The candidate who applies for the licence, its renewal, validation and ratings or the issue of duplicate licence and for the test and examination for such licence and ratings shall pay the following fees, namely- | | | | | --- | --- | --- | | (i) | for tests and examination for licence and ratings | : Rs. 500/-per paper | | (ii) | for issue of a Student Air Traffic Controller's Licence | : Rs.1,000/- | | (iii) | for renewal of a Student Air Traffic Controller's Licence | :Rs. 500/- | | (iv) | for issue or validation of a licence other than Student Air Traffic Controller's Licence or endorsement of a rating | :Rs.5,000/- | | (v) | for renewal of a licence other thanStudent Air Traffic Controller's Licence or a rating | : Rs.2,500/- | | (vi) | for issue of duplicate Student Air Traffic Controller's Licence | :Rs. 250/- | | (vii) | for issue of duplicate licence other than Student Air Traffic Controller's Licence. | :Rs.500/- | | (viii) | for Issue of duplicate result sheet of examination | :Rs.500/- | (2) The applicant shall be required to bear all charges in respect of the assessment, if any, and if a government examiner is associated during the assessment, a fee of ten thousand rupees shall be payable for each assessment. (3) The fee shall be paid by crossed Indian Postal Order or Demand Draft drawn in favOur of the Pay and the Accounts Office, Director General of Civil Aviation Ministry of Civil Aviation, New Delhi. (4) When in any case the licence or rating is not issued, validated or renewed or a duplicate licence or rating is not issued, the Central Government may order the refund to the applicant of a proportionate part of the sum pa id a s fees, or adjust the amount to be refunded against fees required to be paid by the candidate for a future examination. ### 100. Minimum educational qualification for holding a licence. - No person shall be granted a licence under this Part unless he possesses the educational qualification as specified in Schedule III. ### 101. Minimum age for holding a licence. - The minimum age of a person who is otherwise qualified and to whom a licence may be granted shall be as specified in Schedule III. ### 102. Maximum age limit for holding licence or rating. - No person shall exercise the privileges of the licence granted under this Part after he has attained the age of sixty years. ### 103. Medical standards. (1) No licence or rating granted under this Part shall be issued or renewed unless the applicant holds a medical fitness assessment issued by the Director-General after undergoing a medical examination with an approved medical authority and satisfying the medical standards as specified by the Director-General for the purpose: Provided that if in the opinion of the approved medical authority, the condition of the applicant is not such as to introduce any hazard either of sudden incapacity or of inability to perform his duties safely during the period of validity of his licence or rating and failure to attain the requirement is capable of being compensated and the Director-General has satisfactory evidence that the applicant has already acquired and demonstrated his ability, skill and experience Which compensate for his deficiency, the assessment may be issued with any limitation as deemed fit, and the licence or rating may be renewed or endorsed with such limitation. | | | | --- | --- | | Explanation - | For the purposes of this sub-rule, "approved medical authority" means a medical authority approved by theDirector-General. | (2) The Director-General may require the holder of a licence to undergo a medical examination by any medical authority at any time if, in his opinion, such examination is necessary in the interest of safety of operations. ### 104. Period of validity of licences and medical fitness assessment. (1) A Student Air Traffic Controller's Licence shall remain valid for a maximum period of three years from the date of issue and shall not be renewed. (2) An Air Traffic Controller's Licence shall be valid for maximum period of five years from the date of issue and may be renewed for a further period of five years on each occasion. (3) The maximum period of validity of a medical fitness assessment shall be two years from the date of medical examination. (4) The period of validity of medical fitness specified in sub-rule (1), shall be reduced to half after the holder of the licence has attained the age of fifty years. (5) (a) The period of validity of a licence shall commence from the date of issue. (b) In case of renewal, the period of validity shall commence from the date following the date of expiry of the previous validity, irrespective of the date of renewal, provided the application for renewal has been submitted within a period of thirty days preceding the date of expiry and all the requirements for renewal are met on the date of application. (c) In any other case, the validity of renewal of licence shall commence from the date of renewal. (6) (a) The period of validity of initial medical fitness assessment shall commence from the date of the medical examination. (b) In case of renewal, the period of validity shall commence from the date following the date of expiry of the previous validity, irrespective of the date of renewal, provided the application for renewal has been submitted within a period of thirty days preceding the date of expiry and all the requirements for renewal are met on the date of application. (c) In any other case, the validity of renewal of medical fitness assessment shall commence from the date of renewal. ### 105. Licence not valid without valid medical fitness assessment. - A licence granted under this Part shall not be valid unless it is accompanied by a valid medical fitness assessment and the holder shall not exercise the privileges of the licence in the absence of a valid medical fitness assessment. ### 106. Decrease in medical fitness. (1) The holder of a licence shall not exercise the privileges of his licence and ratings during any period when he is aware that his physical condition has deteriorated and the medical fitness has decreased below the standard required for that category of licence. (2) The holder of a licence shall not exercise the privileges of his licence without being declared fit after a fresh medical examination in the event of his having suffered from a sickness or injury rendering him incapable of discharging his duty for a continuous period of more than twenty days, or which is likely to cause incapacity or impair his efficiency in the discharge of his duties. (3) The licence holder or his employer shall immediately notify all the relevant details of the sickness or injury to the Director-General. (4) The licence of a person rendered incapable of discharging duty under sub-rule (2), shall be deemed to be invalid until the holder undergoes a fresh medical examination. ### 107. Maintenance of validity of ratings and endorsements. (1) The holder of an Air Traffic Controller's Licence shall not exercise the privilege of the licence and the rating endorsed on the licence unless he meets the competency and recency requirements and the rating is valid for- (a) the air traffic services unit or place at which he so acts; (b) the sector on which or the operational position at which he so acts; and (c) the surveillance equipment, if any, with which he so acts. (2) Even when a person ceases to act as an air traffic controller at a particular unit, he may keep his rating current by complying with the recency requirement specified in Schedule III. ### 108. Licence holder's obligation to notify change of unit. - When a rating ceases to be valid for a unit or operational position, the holder of the licence shall forthwith inform the person-in-charge of the air traffic service of that place and shall not work in that position till such rating is revalidated. ### 109. Disqualification from holding or obtaining a licence. (1) Where the licensing authority is satisfied, after giving him an opportunity of being heard, that any person - (a) is habitually intemperate in the use of alcohol, or is addict of narcotics, drugs and the like, or (b) has, by his previous conduct as Air Traffic Controller, shown that he is irresponsible in -the discharge of his duties connected with his employment or is likely to endanger the safety of the aircraft or any person, in the air or on ground; or (c) is a habitual criminal or has been convicted by a court in India for an offence involving moral turpitude or an offence which amounts to heinous crime; or (d) has obtained the licence or rating, by suppression of material information or on basis of wrong information, or (e) has unauthorisedly varied or tampered with the particulars entered in a licence or rating or any other relevant document, the licensing authority may, for reasons to be recorded in writing, make an order disqualifying that person for a specified period from holding a licence or from obtaining a licence under this Part. (2) The Central Government may, debar a person permanently or temporarily from holding any licence mentioned in this Part if in its opinion It is necessary to do so in the public interest. (3) (a) Upon the issue of any order under sub-rule (1) or sub-rule (2) the person affected, if he is the holder of a licence, shall forthwith surrender hiS licence to the licensing authority If the licence has not already been surrendered. (b) The licensing authority shall keep the licence until the expiry of the period for which the person has been disqualified or debarred, or if he has been debarred permanently, for a period of five years ### 110. Renewal of expired licence or rating. - If, on the date of application for renewal, the licence or rating has expired the applicant shall be required to undergo on the job training and qualify the examinations and skill assessment tests as may be specified by the Director-General to assess the applicant's competency to hold that licence or rating ### 111. Proof of competency. (1) An applicant for grant and renewal of any licence and ratings shall produce proof of haVing acquired the competency and having passed satisfactorily the tests and examination, specified In Schedule III In respect of the licence or rating. (2) The Director General may, exempt a person who is a qualified Air Traffic Controller from Indian Air force or Indian Navy and who produces satisfactory evidence to show that he possesses the necessary experience, competency and standard of physical fitness as required under these rules from all or any of the examinations and medical or other technical examinations. (3) The Director-General may, on examination of the syllabi, determine the relative equivalence of examinations for granting exemptions to such applicants from passing the examinations required under Schedule III. (4) The Director-General may, require any candidate or training organization to produce for examination all relevant training records, including the syllabi, certificates, mark-sheets, on-the-job training test reports, assessments, etc., in respect of the candidate who has undergone a course of training, with such training establishment. ### 112. Tests, assessment and examination. (1) The Director-General may, conduct examinations to test tile level of knowledge specified in Schedule III, fix examination centres within India, appoint invigilators and specify the procedure for conducting the examinations. (2) The Director-General shall, specify the detailed syllabi for the examinations for Issue of the licences and ratings. (3) (a) The Director-General may, appoint examiners for carrying out examinations and assessment required under Schedule III and may also appoint a Board to conduct oral examinations and assessment, wherever necessary. (b) The examiners shall be selected on the basis of criteria specified for the purpose by the Director-General and the examination and assessment reports shall be submitted to the licensing authority in respect of any examination and assessment conducted for issue or renewal of a licence or endorsement of a rating on a licence. (4) The Director-General may determine the manner in which the assessment and proficiency checks shall be carried out. (5) The Director-General may, debar permanently or temporarily a person from any assessment or examination if, in his opinion, the person has adopted unfair means during the assessment or examination. (6) (a) The Director-General may, declare any examination or assessment conducted by an authorised person or a Board null and void, if in his opinion, the examination or assessment has not been carried out to his satisfaction, and require the examination or assessment to be carried out again by another authorised person or a Board. (b) The Director-General may also take such action against such authorised person or Board as he may deem fit. ### 113. Use of radio call signs of air traffic services units. - A licence holder using two-way radio communication shall not use or cause or permit to be used any call sign for a purpose other than the purpose for which that call sign has been notified. ### 114. Approved training organization. (1) The Director-General, on being satisfied, may approve a training organization for conducting an approved training course for students to enable them to attain the level of competency required for obtaining a licence or rating specified in rule 95. (2) The training organization shall submit a Training and Procedures Manual containing the information specified by the Director-General for approval and the simulator training in such organizations shall be undertaken only on the simulators approved by the Director-General. (3) Approval of a training organization shall be valid for a period of five years and may be renewed for a period not exceeding two years at a time subject to the terms and conditions specified by the Director-General. (4) (a) For the grant of approval, a training organization shall pay, a fee of one lakh rupees and fifty thousand rupees for renewal on each occasion. (b) The fee shall be paid by a demand draft drawn in favour of the Pay and Accounts Office, Director General of Civil Aviation, Ministry of Civil Aviation, New Delhi. (5) The approved training organization shall not impart any training which is not included in its scope and has not been duly approved by the Director-General. (6) The training records of the organization shall be maintained in a manner specified by the Director-General and shall be produced on demand to the Director-General or any other officer authorised by him in this behalf. ### 115. Record of experience and logging of on-watch period. (1) Every licence holder shall maintain a personal log book in the form specified by the Director-General and log the actual watch period during which he has performed any duty for exercising the privileges of his licence or ratings, or for on-the-job-training. (2) All entries in log books shall be made either in ink or logged electronically. (3) Log books shall be preserved for not less than five years after the date of the last entry therein. (4) (a) Every licence holder shall certify the accuracy of the entries in his log book with respect to the watch period at least at the end of each calendar month. (b) At the end of every quarter, the log books shall be certified for correctness of entries therein by the in-charge of the air traffic services unit, or any other person authorised to do so by the Director-General. (5) The watch time during which a licence holder is under on-the-job training shall be entered in his log book as "on the job training" and the instructor shall also countersign the entries in the log book of the licence holder indicating the nature of the training given. (6) The instructor shall log as watch period in his log book the period during which he acts as an Instructor and the log entries shall indicate in the remarks column that the time was logged for instructional purpose. ### 116. Watch duty time limitations. - Every holder of a licence issued under this Part shall follow the watch duty time limitations specified by the Director-General. ### 117. Aeronautical station operator. - Every aeronautical station operator forming a part of Flight Information Service shall operate in accordance with the requirements specified by the Director-General. ### 118. Validation of foreign licences. (1) When a licence has been granted by the competent authority of a Contracting State and is for the time being in force, the Central Government may, subject to such conditions and limitations and for such period as it shall think fit, confer on such licence the same validity for the purpose of provision of air traffic service in India as if it had been granted under these rules. (2) The validation granted under sub-rule( 1) shall - (a) not extend beyond the period of validity of the licence (b) cease to be valid if the licence upon which it was issued is revoked or suspended; and (c) be subject to the provisions of rule 19. ### 118A. [ State employees. [Inserted by Notification No. G.S.R. 448(E) , dated 1.5.2017 (w.e.f. 23.3.1937).] - Nothing contained in rules 93 to 118 shall apply to employees of the Airports Authority of India, being State employees, and such employees may be engaged in provision of air traffic services without possessing an air traffic controller's licence, provided they meet the requirements laid down for this purpose in Annex 1 to the Convention. Explanation. - For the purpose of this rule, "State" means India as a signatory to the Convention.] [PART XII-A] [Inserted by Notification No. G.S.R. 31(E) , dated 14.1.2015 (w.e.f. 23.3.1937)] Aeronautical Telecommunication ### 119. Certification of communication, navigation and surveillance equipment or air traffic management facilities. (1) No person shall permit or cause to be permitted any communication, navigation and surveillance of air traffic management equipment facility to be established or used unless it has been certified by the Director-General : Provided that the Director-General may approve a facility for temporary use subject to such conditions as he may deem fit to impose, for the purpose of operation of air traffic services or aircraft operation or navigation in the event of national crisis, natural calamities, emergencies or otherwise requiring operation of such facilities: Provided further that any person already permitted and operating communication, navigation, surveillance or air traffic management facility at an aeronautical telecommunication station before the commencement of these rules may continue operation of such services till he obtains the certificate from the Director-General by the date to be notified by the Central Government. (2) This rule shall not apply in respect of any communication, navigation, surveillance or air traffic management facility, whose establishment and operation - (a) is under the control of military authorities and is primarily for the military use; (b) is for testing purposes and not used for supporting air traffic services or not used for aircraft operation or navigation. (3) Nothing in this rule shall exempt any person from the provisions of the Indian Telegraph Act, 1885 ( 13 of 1885 ) and the rules made thereunder for establishment and operation of communication, navigation, surveillance or air traffic management facility for air traffic services and aircraft operation at an aeronautical telecommunication station. ### 120. Eligibility for grant of certificate. - A certificate for communication, navigation, surveillance or air traffic management facilities to be established or used at an aeronautical telecommunication station in support of air traffic services or aircraft operation shall be granted - (a) to a company or a body corporate set up for the purpose of providing communication, navigation, surveillance or air traffic management facility by the Central Government or to an air navigation service provider approved for the purpose by the Director-General; (b) to an aerodrome licence holder for establishing a navigational facility primarily for use as landing aid to support instrument let down procedure. ### 121. Procedure for grant of certificate. (1) An application for the certification for communication, navigation, surveillance or air traffic management facility to be established or used at an aeronautical telecommunication station in support of air traffic service or aircraft operation or navigation shall be made to the Director-General along with the communication, navigation and surveillance manual. (2) The application under sub-rule (1) shall be in such form and contain such particulars as may be specified by the Director-General. (3) The Director-General may, for disposal of the application, require the applicant to furnish any additional information which he considers necessary. (4) The Director-General shall certify a communication, navigation, surveillance or air traffic management facility, subject to any conditions as may be considered necessary. ### 122. Communication, navigation, surveillance or air traffic management facility manual. (1) Every holder of certificate shall have a communication, navigation and surveillance manual in the form as specified by the Director-General containing the information provided in item 2 of Schedule IV and approved copy of the manual shall be maintained by the holder of certificate in respect of all communication, navigation, surveillance or air traffic management facilities, certified under these rules. (2) A copy of the manual or such part of the manual as may be specified by the Director-General shall be made available by the holder of certificate to all units. ### 123. Period of validity of Certificate. - The Director-General may grant the certification of communication, navigation, surveillance or air traffic management facility at an aeronautical telecommunication station for a period not exceeding sixty months, and on each occasion may be renewed for any period not exceeding twenty four months. ### 124. Fee. (1) No certificate of communication, navigation, surveillance or air traffic management facility at an aeronautical telecommunication station shall be granted unless there shall be paid the fees specified in the following Table, namely:- TABLE | | | | | | --- | --- | --- | --- | | (A) | | Communication Facility | Fee in rupees | | | (i) | Standalone Very High Frequency Transmitter or Receiver, Digital Automatic Terminal Information System, High Frequency Transmitter or Receiver, Data Links (including standby frequency) in operation. | 50,000(50,000 upto five frequencies and 20,000 for each frequency) | | | (ii) | Automatic Message Switching System Air Traffic Services Message Handling System | 50,000 | | | (iii) | Master Clock System | 15,000 | | | (iv) | Stations equipped with Voice Controlled Communication System with Very High Frequency Transmitter/or Receiver, High Frequency Transmitter/or Receiver, inter unit communication and other accessories for capacity :-(a) Up to 50 Controller work stations(b) for each additional work stations above 50 | 50,000 5,000 | | (B) | | Navigation Systems | | | | (i) | Non-Directional Beacon or Locator, Marker | 50,000 | | | (ii) | Distance Measuring Equipment | 50,000 | | | (iii) | Very High Frequency Omni-Range or Doppler Very High Frequency Omni -Range | 100,000 | | | (iv) | Instrument Landing System or Distance Measuring Equipment | 200,000 | | | (v) | Co-located (VOR/DVOR/DME) Very high frequency omni range, | 125,000 | | (C) | | Surveillance Facility | | | | (i) | Airport Surveillance Radar | 200,000 | | | (ii) | Air Route Surveillance Radar | 200,000 | | | (iii) | Monopulse Surveillance Secondary Radar | 200,000 | | | (iv) | Surface Movement Radar without multi-lateration | 200,000 | | | (v) | Automatic Dependent Surveillance-Broadcast or Contact | 200,000 | | (D) | | Air traffic management facility | | | | (i) | Air traffic management automation system with facilities like Radar Data Processing system, Flight Data Processing system, Automatic Self Briefing System | 1,000,000 | | | (ii) | Advanced Surface Movement Guidance Control System (Surveillance and Multi-lateration components) | 3,00,000 | | | (iii) | Ground Based Augmentation System | 3,00,000 | | | (iv) | Satellite Based Augmentation System | 5,00,000 | (2) The fee for renewal of certification of communication, navigation, surveillance or air traffic management facility at an aeronautical telecommunication station shall be fifty per cent, of the fee payable under sub-rule (1). (3) The fee payable under sub-rule (1) shall be paid by Demand Draft drawn in favour of the Pay andAccounts Officer, Directorate General of Civil Aviation, Ministry of Civil Aviation, New Delhi. ### 125. Conditions governing the grant of Certificate. (1) Certification of communication, navigation, surveillance or air traffic management facility at an aeronautical telecommunication station shall be granted or renewed subject to such conditions as the Director-General considers necessary to ensure compliance with the Convention relating to International Civil Aviation signed at Chicago and the safety of Air Traffic Services or aircraft operation or navigation. (2) While certification is in force, except required for the purpose of maintenance, no change in the system of equipment or configuration, shall be undertaken save with the previous approval of the Director-General and application for such approval shall be addressed to the Director-General which shall be accompanied with full particulars of such change. (3) The necessary approval may be granted or withheld, and, if granted, may be subject to such conditions as the Director-General may consider necessary. (4) The holder of the certificate shall maintain communication, navigation, surveillance or air traffic management facility at an aeronautical telecommunication station in a serviceable state as per the provision of certificate for use by air traffic services or aircraft operation or navigation. ### 126. Notification on availability of facility. - The person in charge of communication, navigation, surveillance or air traffic management facilities at an aeronautical telecommunication station shall notify type and availability of facility or any service which is available for use by air traffic services or aircraft operation and navigation in the manner specified by the Director-General. ### 127. Information on the operational status of navigational aids. - While a radio navigation aid is in operation, information on its operational status shall be made available by the holder of the certificate to the concerned Air Traffic Services unit giving the following details, namely:- (i) services for the aerodrome where the radio navigation aid is located; and (ii) en-route services using that radio navigation aid. ### 128. Automatic recording of voice communications, signal and data. (1) The holder of certificate of any communication, navigation, surveillance or air traffic management facility at an aeronautical telecommunication station and any associated facility required thereto shall, make provision for recording and replaying the messages, voice communication, signals and data transmitted or received through equipment and maintain such records for such period and in such manner as may be specified by the Director-General. (2) If any recording facility provided in compliance with sub-rule (1) ceases to be capable of recording the matters required by that sub-rule, it shall be ensured that, as far as practicable, a record of the following is kept in writing - (a) a summary of voice communications exchanged between the Aeronautical Telecommunication Station and aircraft by Air Traffic control unit; and (b) voice communication, message exchanged with other Aeronautical Telecommunication Station. (3) If any recording facility provided in accordance with sub rule (1) becomes unserviceable, the person in charge of communication, navigation, surveillance or air traffic management facility at an Aeronautical Telecommunication Station shall ensure that the apparatus is rendered serviceable again as soon as possible within reasonably practicable time. (4) The person in charge of communication, navigation and surveillance of air traffic management facility at an Aeronautical Telecommunication Station shall preserve every record for a period of thirty days from the date on which the terms or content of the message, data or signal were recorded for the purpose of investigation or for such longer period as may be specified by the Director-General. (5) The person in charge of communication, navigation, surveillance or air traffic management facility at an aeronautical telecommunication station shall produce such record to investigating official or to any other person authorised by Director-General. ### 129. Aeronautical telecommunication equipment calibration and check. (1) The holder of certificate shall establish a procedure for calibration of the equipment in accordance with the specifications laid down by the Director-General. (2) The holder of certificate shall check and accurately record the operating condition of any aeronautical telecommunication equipment that may have been used by an aircraft involved in an accident or serious incident and make such record available for the investigation purpose. (3) The air calibration of navigation facilities shall be carried out by an entity approved by the Director-General. ### 130. Time in air traffic services. (1) Air traffic service units shall be equipped with clocks indicating the time in hours, minutes and seconds. (2) Clocks and other time recording devices shall be checked periodically to ensure correctness of time to within plus or minus thirty seconds of coordinated universal time. (3) Wherever data link communications are utilised by an air traffic services unit, clocks and other time-recording devices shall be checked periodically to ensure correctness of time within one second of coordinated universal time. (4) The correct time shall be obtained from a standard time station, or if not possible, from another unit which has obtained time from such station. ### 131. Protection of critical and sensitive areas. - Any critical and sensitive area around an aeronautical facility required to be protected for the operational efficiency of the equipment, shall be :- (a) clearly identified on the site drawings for the aeronautical facility; (b) physically protected by suitable signposts at the site; and (c) protected by aerodrome operator or holder of certificate, as appropriate, through barriers or otherwise to ensure that site restrictions are not infringed in any form. ### 132. Suspension, cancellation or withdrawal of a certificate. (1) The Director-General may, by giving notice in writing to the holder of a certificate, impose any condition or suspend or cancel the certificate, if there are reasonable grounds to believe that - (a) there has been a breach of any condition to which the certificate is subject; or (b) the facilities, operations or maintenance are not of the standard necessary in the interests of the safety of air traffic services or air navigation. (2) The Director-General shall give a show cause notice to the holder of certificate before suspending or cancelling a certificate stating - (a) the facts and circumstances which justify the suspension or cancellation; and (b) ask the holder of the certificate to submit explanation in writing, within thirty days from the date of receipt of the show cause notice. (3) The Director-General shall, before taking a decision take into account all facts and pass an appropriate order. (4) If the holder of a certificate wishes to surrender a certificate, the holder shall give not less than sixty days" notice in writing of the date on which the holder wishes the certificate to be surrendered. [PART XII-B] [Renumbered PART XII-A by Notification No. G.S.R. 31(E) , dated 14.1.2015 (w.e.f. 23.3.1937)] Regulatory Provisions ### 133A. [ Directions by Director-General. [Substituted by G.S.R. 1202, dated 23.7.1976. ] - [(1) ] The Director-General may, through Notices to Airmen (NOTAMS), Aeronautical Information Publication, Aeronautical Information Circulars (AICs), Notices to Aircraft Owners and Maintenance Engineers and publication entitled [Civil Aviation Requirements] [Substituted by G.S.R. 80(E) , dated 22.2.1993. ] issue special directions not inconsistent with the Aircraft Act, 1934 (22 of 1934) or these rules, relating to the operation, use, possession, maintenance or navigation of aircraft flying in or over India or of aircraft registered in India.] (2) [ The Civil Aviation Requirement under sub-rule (1) shall be issued after placing the draft on the website of the Directorate General of Civil Aviation for a period of thirty days for inviting objections and suggestions [or reduce the period for submitting such objections and suggestions] [Rule 133-A renumbered as sub-Rule (1) thereof and sub-Rule (2) inserted by G.S.R. 813(E), dated 21.11.2008 (w.e.f. 21.11.2008). ] from all persons likely to be affected thereby: Provided the Director-General may, in the public, interest and by order in writing, dispense with the requirement of inviting such objections and suggestions.] (3) [ Every direction issued under sub-rule (1) shall be complied with by the person or persons to whom such direction is issued.] [Inserted by G.S.R. 167(E) , dated 13.3.2009 (w.e.f. 13.3.2009). ] (4) [ The Director-General may, by general or special order in writing, exempt any aircraft or class of aircraft or any person or class of persons from the operation of the directions given in the publication entitled 'Civil Aviation Requirements' under this rule, either wholly or partially, subject to such conditions, if any, as may be specified in such order.] [Inserted by Notification No. G.S.R. 832(E) , dated 30.6.2017 (w.e.f. 23.3.1937).] [PART XII-C] [Inserted by G.S.R. 1202, dated 23.7.1976. ] Engineering, Inspection And Normal Requirements For Organisations Other Than Operators ### 133B. [ Approved organizations. [Substituted by G.S.R. 1202, dated 23.7.1976. ] (1) (a) In this part "organization" refers to an organization or a person engaged in one or more of the following activities, namely:-- (i) design and manufacture of aircraft, aircraft components and items of equipments including materials, forging, castings, standard parts; (ii) maintenance, overhaul, modification repair, inspection, treatment, processing of aircraft components and items of equipment; (iii) manufacture, storage, distribution and supply of aircraft fuel, lubricants, special products; [\* \* \*] (v) [ training organizations for all aviation subjects except those covered under rules 41B and 114;] [Substituted by Notification No. G.S.R. 909(E) , dated 27.11.2015 (w.e.f. 23.3.1937).] (vi) training schools. (b) In this part "manual" means Quality Control Manual, Design Manual, Training Manual [\* \* \*] [The words " Stores Manual" omitted by G.S.R, 813(E) , dated 21.11.2008 (w.e.f. 21.11.2008). ] required to be provided by an organization under sub-rule (4) . (2) An organization shall have adequate facilities including qualified and trained staff and necessary equipment for tests and inspection aids. (3) [ Where considered necessary, an organisation or a person engaged in one or more of the activities listed under clause (a) of sub-rule (1) shall operate under a system of approval as specified by the Director-General. The request for such approval shall be made to the Director-General in such form and manner as may be specified and on receipt of request, the Director-General may grant the approval on being satisfied that the applicant has complied with specific requirements. The approval shall be subject to such terms and conditions as may be specified.] [Substituted by Notification No. G.S.R. 66(E) , dated 18.1.2017 (w.e.f. 23.3.1937).] [(3-A) The approval granted under sub-rule (3) , unless suspended or cancelled, shall remain valid for a period not exceeding [five year] [Inserted by G.S.R. 181(E) , dated 29.3.2006 (w.e.f. 1.4.2006). ] and on being satisfied, the Director-General may renew the approval for a further period of [five year] [Substituted by Notification No. G.S.R. 32 (E) dated 13.1.2015 (w.e.f. 23.3.1937)] .] (3B) [ An approved organization or a person may approach to the Director-General at any time for extension of the scope of his work and the Director-General, on being satisfied that the specified requirements have been complied with, may grant approval for extension of scope as requested, or to a specific level, as deemed fit. The approval of the extension of scope, if any, granted under this sub-rule, shall be valid only up to the date of validity of the original approval.] [Inserted by Notification No. G.S.R. 66(E) , dated 18.1.2017 (w.e.f. 23.3.1937).] (4) (a) An approved organization shall provide, for the use and guidance of its personnel, manuals which shall contain details of information concerning policies, procedures, practices and quality control methods relating to activities of that organization and as may be specified by the Director-General. (b) A complete copy of the manual or such portions of the manual as the Director-General may direct shall be submitted to the appropriate regional office of the [Directorate General of Civil Aviation] [Substituted by Notification No. G.S.R. 32 (E) dated 13.1.2015 (w.e.f. 23.3.1937)] Department for approval. (c) An approved organization shall revise its manuals from time to time whenever necessary as a result of changes in its operations, aircraft equipment or practice or experience with the existing aircraft equipment or practices. Any revision of practices and procedures which affect the airworthiness or safety of the aircraft equipment shall be subject to the prior approval of the Director-General. (5) Copies of the manual and amendments thereto shall be furnished by the approved organization to such of its personnel as considered necessary, to the Director-General and to such other person associated with the work of the organization, as the Director-General may specify. (6) Members of the organization shall comply with all the instructions relating to their duties as contained in the manual(s). (7) An organization shall ensure that provision is made for imparting necessary instructions to its personnel who are authorised to certify for proper discharge of their duties and responsibilities. (8) An organization shall maintain complete record of its activities and such other records as may be required by the Director-General. The records, reports, logs, drawings, shall be made available to the Director-General for inspection and check and at such times as he directs. The records shall be kept for such period as may be specified by the Director-General. (9) An organization shall comply with such requirements as may be specified in the publication titled ["Civil Aviation Requirements"] [Substituted by Notification No. G.S.R. 32 (E) dated 13.1.2015 (w.e.f. 23.3.1937)] . (10) Without prejudice to the provisions of any rule, the Director-General may, after giving a show cause notice to an organization or a person and after making such enquiry as he may deem fit, cancel, suspend or endorse any authorisation or approval or issue a warning or an admonition to the organization or the person, where he is satisfied that-- [(a) the conditions stipulated by the Director-General under this rule or under the civil airworthiness requirements are not being complied with; (b) the organization or the person has performed work or granted a certificate in respect of work which has not been performed in a careful or competent manner or has performed work beyond the scope of it or his approval or failed to make proper entries and certification thereof or for any other reason considered by the Director-General as sufficient to cancel, suspend or endorse an authorisation or approval granted under this rule, or to issue a warning or an admonition.] ] ### 133BA. [ Acceptance of foreign approved organisation. [Inserted by Notification No. G.S.R. 832(E) , dated 30.6.2017 (w.e.f. 23.3.1937).] (1) Notwithstanding anything contained in rule 133B, the Director-General may accept a foreign approved organisation for the purpose of maintenance of aircraft, engine and components or training in accordance with the requirements specified by the Director-General in this behalf. (2) The acceptance granted under sub-rule (1), unless suspended or cancelled, shall remain valid for a period not exceeding two years, and on being satisfied, the Director General may renew it for a further period not exceeding two years at a time. (3) Without prejudice to the provisions of these rules, the Director-General may, after making such enquiry as he may deem fit, and after giving a show cause notice to the organisation referred to in sub-rule (1), cancel, suspend or endorse any acceptance or issue a warning or an admonition to the said organisation, where he is satisfied that - (a) the requirements stipulated by the Director-General are not being complied with; or (b) the organisation has not performed work or granted a certificate in respect of work which has not been performed in a careful or competent manner or has performed work beyond the scope of its acceptance or failed to make proper entries and certification thereof or for any other reason considered by the Director-General as sufficient to cancel, suspend or endorse an acceptance granted under this rule, or to issue a warning or an admonition.] ### 133C. [ Fees. [Substituted by G.S.R. 181(E) , dated 29.3.2006 (w.e.f. 1.4.2006). ] (1) The following fee shall be payable for any inspection, examination or test to be conducted for grant of approval under rule 133-B, in respect of an organization having-- | | | | | --- | --- | --- | | (i) | fifty employees | :[Rs. 2,00,000/-] [Substituted '25,000' by Notification No. G.S.R. 66(E) , dated 18.1.2017 (w.e.f. 23.3.1937).] | | (ii) | more than fifty and upto two hundred employees | :[Rs. 4,00,000/-] [Substituted '50,000' by Notification No. G.S.R. 66(E) , dated 18.1.2017 (w.e.f. 23.3.1937).] | | (iii) | more than 200 employees | :[Rs. 8,00,000/-] [Substituted '1,00,000' by Notification No. G.S.R. 66(E) , dated 18.1.2017 (w.e.f. 23.3.1937).] | (2) [ The fee for renewal or extension of scope of approval under rule 133B or acceptance of approval or extension of acceptance under rule 133BA shall be fifty per cent. of the fee payable under sub-rule (1).] [Substituted by G.S.R. 1005, dated 19.11.1983. ] [(2-A) An additional amount of [two lakhs fifty thousand rupees or cost of travel including per diem, whichever is higher] [Inserted by Notification No. G.S.R. 745 (E) dated 12.10.2009 (w.e.f. 23.3.1937) ] shall be payable if the inspection, examination or test mentioned in sub-rule (1) is required to be carried out at any place outside India.] (2B) [ An additional amount of two lakh fifty thousand rupees or cost of travel including per diem, whichever is higher, shall be payable if inspection, audit or surveillance in respect of acceptance of approval or extension of acceptance under rule 133BA is required to be carried out at any place outside India.] [Inserted by Notification No. G.S.R. 832(E) , dated 30.6.2017 (w.e.f. 23.3.1937).] (3) No fee shall be charged from an organization or person under this rule for storage, distribution and supply of aircraft fuel, lubricants and similar other products intended to be used for its own aircraft. (4) [ The fee shall be paid in the manner specified by the Director-General.] [Substituted by Notification No. G.S.R. 832(E) , dated 30.6.2017 (w.e.f. 23.3.1937).] Part XIII – [AIR TRANSPORT SERVICES AND AERIAL WORK] [Substituted for the words "AIR TRANSPORT SERVICES" by Notification No. G.S.R. 643 (E) dated 29.7.2010 (w.e.f. 23.3.1937)] ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ ### 134. [Scheduled Air Transport Services] [Substituted for the words "Air Transport Service" by Notification No. G.S.R. 643 (E) dated 29.7.2010 (w.e.f. 23.3.1937)] . - [(1) No person shall operate any scheduled air transport service from to in or across India except with the permission of the Central Government, granted under and in accordance with and subject to the provisions contained in Schedule XI: Provided that any person already permitted and operating scheduled air transport services before commencement of the Aircraft (Second Amendment) Rules, 1994, or any successor to such person under section 3 of the Air Corporation (Transfer of Undertaking and Repeal) Ordinance, 1994 (Ord. 4 of 1994), may continue operation of such services subject to the provisions of sub--rule (1-A).] [Substituted by G.S.R. 117(E) , dated 25.2.1994. ] [(1-A) The Central Government may, with a view to achieving better regulation of air transport services and taking into account the need for air transport services of different regions in the country, direct, by general or special order issued from time to time, that every operator operating any scheduled air transport service shall render service in accordance with the conditions specified in such order including any condition relating to their due compliance.] [Inserted by G.S.R. 117(E) , dated 25.2.1994. ] (2) The Central Government may permit any air transport undertaking of which the principal place of business is in any country outside India to operate [a scheduled air transport service] [Substituted for the words "an air transport service" by Notification No. G.S.R. 643 (E) dated 29.7.2010 (w.e.f. 23.3.1937)] from, to or across India in accordance with the terms of any agreement for the time being in force between the Government of India and the Government of that country, or, where there is no such agreement, of a temporary authorisation by the Government of India. (3) [\*\*\*] [Omitted by Notification No. G.S.R. 643 (E) dated 29.7.2010 (w.e.f. 23.3.1937)] ### 134A. [ Non-Scheduled Air Transport Services. [Inserted by Notification No. G.S.R. 643 (E) dated 29.7.2010 (w.e.f. 23.3.1937)] (1) No air transport service, other than a scheduled air transport service, shall be operated by any air transport undertaking of which the principal place of business is in any country outside India except with the special permission of the Central Government and subject to such terms and conditions as it may think fit to impose in each case. (2) No air transport service, other than a scheduled air transport service, shall be operated by an Indian air transport undertaking unless it holds a Non-Scheduled Operator's Permit granted by the Central Government. (3) The application for grant of Non-Scheduled Operators's Permit shall be made to the Central Government in such form and such manner, and shall contain such particulars or documents as may be specified by the Director-General. (4) The Non-Scheduled Operator's Permit granted under sub-rule (2) shall, unless suspended or cancelled, remain valid for a period not exceeding [five] years, which may be renewed for a period not exceeding [five] [Substituted by Notificaiton No. G.S.R. 490 (E) , dated 18.5.2017 (w.e.f. 23.3.1937).] years at a time. (5) The Central Government may, if it is satisfied that, - (a) any of the conditions of the Non-Scheduled Operator's Permit has not been complied with and the failure is due to any wilful act or default on the part of the holder of such Non-Scheduled Operator's Permit or by any of his servants or agents, irrespective of whether or not such wilful act or default of the servant or agent was with the knowledge or approval of the holder of the Non-Scheduled Operator's Permit, or (b) the holder of the non-Scheduled Operator's Permit has failed to establish a safe, efficient and reliable service, or (c) the Non-Scheduled Operator's Permit was obtained by suppressing any information or by giving wrong information, cancel or suspend the Non-Scheduled Operator's Permit for such period as it thinks fit. Provided that no such Non-Scheduled Operator's Permit shall be cancelled or suspended without giving a show-cause notice, in writing, informing the holder of Non-Scheduled Operator's Permit the ground on which it is proposed to suspend or cancel the Non-Scheduled Operator's Permit and giving him a reasonable opportunity of making a representation in writing within such reasonable time as may be specified in the notice and, if that persons o desires, of being heard. (6) Notwithstanding anything contained in sub-rule (5), if the Central Government is of the opinion that in the interest of public safety it is necessary so to do, it may, for the reasons to be recorded in writing, summarily suspend the Non-Scheduled Operator's Permit with a view to make further enquiry. ### 134B. Aerial Work. - No operator shall undertake any aerial work unless he holds a valid Non-Scheduled Operator's Permit granted under sub-rule (2) of rule 134A. ### 134C. Fees. (1) The following fees shall be payable for application, grant and renewal of Non-Scheduled Operator's Permit:- (i) for application : [Rs. 1,75,000/-]. [Substituted 'Rs. 25,000/-' by Notification No. G.S.R. 490(E) (w.e.f. 23.3.1937)] (ii) for grant of Non-Scheduled Opeartor's Permit : [Rs. 5,00,000/-]. [Substituted 'Rs. 1,00,000/-' by Notification No. G.S.R. 490(E) (w.e.f. 23.3.1937)] (iii) for renewal of Non-Scheduled Operator's Permit : [Rs. 2,50,000/-]. [Substituted 'Rs. 50,000/-' by Notification No. G.S.R. 490(E) (w.e.f. 23.3.1937)] (2) [ The fee shall be paid in a manner as specified by the Director-General.] [Substituted by Notification No. G.S.R. 490(E) (w.e.f. 23.3.1937)] ### 135. [ Tariff [\* \* \*] [Substituted by G.S.R. 636(E) , dated 22.9.2004 (w.e.f. 23.9.2004). ] . - [(1) Every air transport undertaking operating in accordance with sub-rules (1) and (2) of rule 134, shall establish tariff having regard to all relevant factors, including the cost of operation, characteristics of service, reasonable profit and the generally prevailing tariff.] [Substituted by G.S.R. 254(E) , dated 16.4.2009 (w.e.f. 16.4.2009). ] (2) Every [air transport undertaking] [Substituted by G.S.R. 254(E) , dated 16.4.2009 (w.e.f. 16.4.2009). ] shall cause to be published the tariff established by him under sub-rule (1) in his website or two daily newspapers, and shall display such tariff in a conspicuous part of his office and in the office of his agent, if any. (2-A) The tariff to be published under sub-rule (2) or advertised in any other way shall show the following particulars, namely:-- [(a) the total amount payable by a passenger; and (b) a complete break-up of the total amount, indicating the fare, tax, fees or any other charge, if any, separately. Explanation.-For the purposes of this sub-rule,- (a) tax means the amount payable to the Government; and (b) fees means the amount payable to the service providers for provision of any service or facility to the passengers. (2-B) The particulars mentioned in sub-rule (2-A) shall also be mentioned in the passenger ticket.] [Inserted by G.S.R. 254(E) , dated 16.4.2009 (w.e.f. 16.4.2009). ] (3) Every [air transport undertaking] [Substituted by G.S.R. 254(E) , dated 16.4.2009 (w.e.f. 16.4.2009). ] shall maintain all records relating to tariff established by him under sub-rule (1) in such manner and in such form as may be specified by the Director-General, and on demand by the Director-General shall produce such records before the Director-General for inspection. (4) Where the Director-General is satisfied that any [air transport undertaking] [Substituted by G.S.R. 254(E) , dated 16.4.2009 (w.e.f. 16.4.2009). ] has established excessive or predatory tariff under sub-rule (1) or has indulged in oligopolistic practice, he may, by order, issue directions to such [air transport undertaking] [Substituted by G.S.R. 254(E) , dated 16.4.2009 (w.e.f. 16.4.2009). ] (5) Every direction issued under sub-rule (4) shall be complied with by such [air transport undertaking] [Substituted by G.S.R. 254(E) , dated 16.4.2009 (w.e.f. 16.4.2009). ] .] [135A-135C. [Rules 135-A, 135-B and 135-C omitted by G.S.R. 636(E) , dated 22.9.2004 (w.e.f. 23.9.2004). ] \* \* \*] [135D-139A. [Rules 135-D, 135-E, 135-F, 136, 137, 138, 139 and 139-A omitted by S.R.O. 768, dated 2.4.1955.] \* \* \*] ### 140. [ Minimum requirements to be complied with by the operators. [Substituted by G.S.R. 1202, dated 23.7.1976. ] - All aircraft owners and operators shall comply with the engineering, inspection and manual requirements contained in Part XIII-A and with the safety requirements in respect of air routes, aircraft and air-crew, as may be specified by the Director--General.] ### 140A. [ Director-General's sanction to introduction of any new routes or alteration in any existing routes of scheduled air transport services. [Inserted by S.R.O. 768, dated 2.4.1955. ] - Before operating a scheduled air transport service on a new route or making a substantial alteration in, or effecting the discontinuance of, any of the existing routes of such services, or introducing a new time-table for such service, the [operator] shall obtain the concurrence of the Director-General, in so far as such operation or, as the case may be, such discontinuance affects, or is likely to affect, the air route or aerodrome facilities, and give at least seven days' previous notice to the Director-General before the date proposed for the operation of the new route, or for the substantial alteration of an existing route or for the introduction of a new time-table or, as the case may be, for the discontinuance of an existing route. ### 140B. Operations Manual. (1) An Operations Manual in the form approved by the Director-General, shall be maintained by [every operator engaged in air transport services.] [Substituted by G.S.R. 413, dated 4.8.2001. ] (2) The Operations Manual shall, in addition to any other relevant information, contain the following, that is to say- (a) instructions outlining the responsibilities of operations personnel pertaining to the conduct of flight operations; (b) the flight crew for each stage of all routes to be flown including the designation of the succession of command; (c) in-flight procedure; (d) emergency flight procedure; (e) the minimum safe flight altitude for each route to be flown; (f) the circumstances in which a radio listening watch is to be maintained; (g) a list of the navigational equipments to be carried. (3) A copy of the Operations Manual, or such part of the Manual as may be prescribed by the Director-General shall be carried in all aircraft [\* \* \*] [Certain words omitted by G.S.R. 413, dated 4.8.2001. ] engaged in scheduled air transport services. ### 140C. Route guides. - All aircrafts [\* \* \*] [Certain words omitted by G.S.R. 413, dated 4.8.2001. ] engaged in scheduled air transport services shall carry a Route Guide, which shall, in addition to any other relevant information, contain the following, that is to say- (a) communication facilities, navigation aids and a list of aerodromes, available on the route to be flown; (b) instrument "let down" procedure for aerodromes on the route, or those likely to be used as "alternates"; (c) meteorological minima for each of the aerodromes on the route to be flown and that are likely to be used as regular or alternate aerodromes; and (d) specific instructions for computation of quantities of fuel and oil to be carried on each route, having regard to all circumstances of the operation, including the possibility of the failure of one or more engines of the aircraft.] ### 141. [ Duties of pilot-in-command. [Inserted by G.S.R. 1370, dated 4.6.1969. ] (1) Subject to the provisions of clause (b) of sub-rule (2) of rule 140-B, the operator shall designate for each flight one pilot, as pilot-in-command, who shall supervise and direct the other members of the crew in the proper discharge of their duties in the flight operations. (2) In addition to being responsible for the operation and safety of the aircraft during flight time, the pilot-in-command shall be responsible for the safety of the passengers and cargo carried and for the maintenance of flight discipline and safety of the members of the crew. (3) The pilot-in-command shall have final authority as to the disposition of the aircraft while he is in command.] [142-152. [Rules 142 to 152 omitted by S.R.O. 768, dated 2.4.1955.] \* \* \*] ### 153. [ Carriage of mails. [Substituted by S.R.O. 768, dated 2.4.1955. ] - [Every operator engaged in scheduled air transport services shall carry such services] such mails as may, from time to time, be required to be carried from one place to another by the Director-General, Posts and Telegraphs, or any person authorised by him in this behalf.] [PART XIII-A] [Part XIII-A (containing Rules 154, 155, 155-A) inserted by G.S.R. 1202, dated 23.7.1976. ] Engineering, Inspection And Manual Requirements-owners Or Operators ### 154. [ Definitions. [Substituted by G.S.R. 1005, dated 19.11.1983. ] (a) In this Part "Engineering and Inspection" refer to performance of all work necessary for ensuring airworthiness and safety of the aircraft, including overhaul, maintenance, modification, repair, replacement, manufacture, assembly, testing, treatment, inspection and certification. (b) In this part, "manual" refers to "Operators" "Maintenance System Manual" or "Operators" "Quality Control Manual" or any other manual covering such requirements as the case may be.] ### 155. Private aircraft owners. (1) A private aircraft, aircraft components and items of equipment shall be maintained as may be specified by the Director--General. (2) An owner shall maintain complete record of aircraft, aircraft components and items of equipment as included in the approved manual, of total time flown, the time flown since last overhaul and time flown since last inspection and any other data as may be specified by the Director-General. The records shall be made available for inspection and check and shall be maintained for such period as may be specified by the Director-General. (3) An owner shall comply with the engineering inspection and manual requirements, as may be specified in expanded [Civil Aviation Requirements.] [Substituted by G.S.R. 813(E) , dated 21.11.2008 (w.e.f. 21.11.2008). ] ### 155A. Operators. (1) An operator shall have access to an adequate organization, including qualified and trained staff together with workshop and other equipment, facilities and inspection aids as may be found necessary. (2) [ All operators, other than private aircraft owners, shall operate under an approved maintenance system providing a basis of operation under a delegated system of airworthiness control for the safety of their aircraft and persons they carry on board the aircraft. For grant or issue of approval for operation under the approved maintenance system and its continued validity, the operators shall comply with the requirements as specified by the Director-General.] [Substituted by G.S.R. 413(E) , dated 4.8.2001.] (3) (a) An operator shall provide, for the use and guidance of its personnel, manuals which shall contain details of information concerning policies, procedures, practices and quality control methods relating to activities of that operator and containing such further information as may be specified by the Director-General. [(b) A complete copy of the manual or such portions of the manual as the Director-General may direct shall be submitted to the appropriate regional office of the Civil Aviation Department for approval. (c) An approved operator shall revise manuals from time to time and whenever found necessary as a result of changes in its operations, aircraft equipment or practices or experience with the existing aircraft, equipment or practices. Any revision of practices and procedures which affect the airworthiness or safety of the aircraft or equipment shall be subject to the prior approval of the Director-General. (4) Copies of the manual and the revisions thereof shall be supplied by an approved operator to such of its personnel and to such other persons associated with the work of that operator, as the Director-General considers necessary. (5) Employees of an approved operator shall comply with all the instructions relating to their duties as contained in the manual(s). (6) All approved operator shall ensure that provision has been made for imparting instructions to its personnel authorised to certify as may be considered necessary for the proper discharge of their duties and responsibilities. (7) Every operator including an approved operator shall maintain complete records of the total time flown since last overhaul and the time flown since last inspection of all airframes, engines, instruments, radio apparatus, equipments and accessories as included in the approved manual. They shall also maintain such other records as may be specified by the Director-General to whom these records shall be made available, for inspection and check, whenever required by him. The records shall be kept for such period as may be specified by the Director-General. (8) Every operator including an approved operator shall comply with the engineering, inspection and manual requirements, as may be specified in the [Civil Aviation Requirements] [Substituted by G.S.R. 813(E) , dated 21.11.2008 (w.e.f. 21.11.2008). ] . (9) Without prejudice to the provisions of any rule, the Director-General may, after giving a show-cause notice to an operator or a person and after making such enquiry as he may deem fit, cancel, suspend or endorse any authorisation or approval or issue warning or admonition to the operator or the person, where he is satisfied that:-- [(a) the conditions specified by the Director-General under this rule and the [Civil Aviation Requirements]. are not being complied with, and (b) the operator or the person has performed work, or granted a certificate in respect of the work which has not been performed in a careful or competent manner or has performed work beyond the scope of its or his approval or failed to make proper entries and certification thereof or for any other reason considered by the Director-General to be sufficient to cancel, suspend or endorse authorisation or approval granted under this rule, or to issue a warning or an admonition.] Part XIV – General -------------------- ### 156. [ Inspection. [Substituted by Notification No. G.S.R. 832(E) , dated 30.6.2017 (w.e.f. 23.3.1937).] (1) The Director-General, or any officer of the Directorate General of Civil Aviation authorised by him by general or special order in writing, may inspect an aircraft or aviation facility for the purpose of granting an approval or a certificate under these rules, and subsequently to carry out surveillance including unannounced inspections to ensure continued compliance with these rules. (2) The Director-General may authorise any person, subject to such conditions as may be specified by the Director-General, for the purpose of examining, and testing any person or aircraft or inspecting any document or aviation facility for the purpose of grant of a licence or a certificate or an approval under these rules or the provisions of the Aircraft Act, 1934 (22 of 1934) and such authorisation shall specify the functions of the person so authorised to perform on behalf of the Director-General and the said authorisation shall be for a period as specified therein. (3) The persons so authorised under sub-rules (1) and (2) shall be issued credentials and shall perform the functions as assigned to them in the authorisation. (4) The Director-General or the person referred to in sub-rule (1) and sub-rule (2) - (a) shall have unrestricted and unlimited access to aircraft and aviation facilities, as applicable, for the performance of their functions and duties under these rules; (b) may enter, inspect and search any aircraft or any aviation facility, including air navigation services, and also interact with any personnel, and inspect documents and records for the purpose of securing compliance with these rules and the provisions of the Aircraft Act, 1934 (22 of 1934). (5) The owner or operator of aircraft, organisation or air navigation facility shall allow the Director-General, or the person referred to in sub-rules (1) and (2), access to any part of the aircraft, organisation or air navigation facility including equipment, records, documents and personnel, and shall co-operate in conducting the activities referred in sub-rules (1) and (2).] [Substituted by G.S.R. 1005, dated 19.11.1983. ] | | | --- | | 156. [ Inspection. [Substituted by G.S.R. 1202, dated 23.7.1976. ] - (1) Any person, authorised by the Director-General by general or special order in writing in this behalf, may-- (a) at all reasonable times enter any place to which access is necessary for the purpose of exercising his powers or carrying out his duties under these rules; (b) at all times during working hours enter that portion of any organization, factory or place in which aircraft, aircraft components, items of equipment, materials are being designed, manufactured, overhauled, repaired, modified, assembled, tested, stored, and inspect any such organization, factory or place, aircraft component and items of equipment and drawings relating thereto; (c) at any time inspect any aircraft including a private aircraft which is required by these rules to be certified as airworthy or in respect of which a certificate of airworthiness is in force or has been suspended or deemed to be suspended; (d) [ enter, inspect and search any aircraft or any aviation facility, including air navigation serives, and also inspect any personnel, documents and records for the purpose of securing compliance with any of these rules or the provisions of the Aircraft Act, 1934 (22 of 1934).] (2) Any person authorised by the Director-General to inspect under sub-rule (1) shall advise the owner or operator of the aircraft and the organization in the method of inspection, manufacture and maintenance of aircraft.] (3) [ The owner or operator of the aircraft, organization or air navigation facility shall allow the person so authorised, access any part of the aircraft, organization or air navigation facility including equipment, records, documents and personnel and shall co-operate in conducting the activities referred in sub-rule (1).] [Inserted by G.S.R. 812(E) , dated 21.11.2008 (w.e.f. 21.11.2008). ] | ### 157. Fraudulent of documents. - No person shall fraudulently lend any license, certificate, authorisation or approval issued under these rules or allow it to be used by any other person. ### 158. Foreign military aircraft. - No person shall fly or land, or assist in flying or landing, any foreign military aircraft over or in India except on or with the invitation or permission in writing of the Central Government and on such conditions as may be specified in the invitation or permission. ### 158A. [ Aircraft registered in or belonging to foreign State. [Inserted by G.S.R. 83, dated 1.1.1966. ] - Except as provided in rules 134 and 158, no aircraft registered in, or belonging to a foreign State, shall be flown into, over, across or within India except with the prior permission of the Director-General and except in accordance with such terms and conditions as he may think fit to impose while granting such permission: Provided that the Director-General may, by general or special order, exempt any aircraft or class of aircraft either generally or in respect of any specified flight from the provisions of this rule.] [Note. [Inserted by G.S.R. 150(E) , dated 4.3.2009 (w.e.f. 4.3.2009). ] - For the purpose of this rule, foreign aircraft falling under sub-rule (3) of rule 1 shall be deemed as aircraft registered in India and Indian aircraft falling under sub-rule (4) of rule 1 shall be deemed as aircraft not registered in India.] ### 159. Obstruction of authorised persons. - No person shall voluntarily obstruct any person in the exercise of his powers or in the discharge of his duties under these rules. ### 160. General power to exempt. - The Central Government may, by general or special order in writing exempt any aircraft or class of aircraft or any person or class of persons from the operation of these rules, either wholly or partially, subject to such conditions, if any, as may be specified in such order. ### 161. Penalties. (1) [Any person who has contravened or failed to comply with any of these rules or any direction issued under rule 133A shall] [Substituted for the words "Any person contravening any of these rules shall" by Notification No. G.S.R. 167 (E) dated 13.3.2009 (w.e.f. 23.3.1937)] , where no punishment is provided for such contravention in the Aircraft Act, 1934 (22 of 1934), be punishable to the extent laid down in Schedule VI of these rules. (2) It shall be a defence to any proceedings for contravention of or failure to comply with these rules if the contravention or failure is proved to have been due to accident, stress of weather or other unavoidable cause; and it shall be a defence to any proceedings under these rules against the owner, hirer, operator, pilot or commander of an aircraft that the alleged contravention took place without his actual fault or privity. I --- Areas over which flight by aircraft is prohibited (See rule 12) | | | | | --- | --- | --- | | Sl. No. | Area | Extent of Prohibition | | 3[(1) | The area included within a radius of one mile from the Towers of Silence on Malabar Hills, Bombay. | Absolute | | 4(2) | The area near Baroda aerodrome bounded by the following co-ordinates : | | | | 22017' N | 73012' E | | | | 22015' N | 73008' E | | | | 22010' N | 73010' E | | | | 22012' N | 73018' E | | | | 22017' N | 73017' E | Absolute | | | extending vertically from ground level to an unlimited upper level. | | | 1(3) | The Area around Rashtrapati Bhavan bounded by the following coordinates:- | | | | 283700 N | 771145 E | | | | 783700 N | 771230 E | | | | 283545 N | 711230 E | | | | 283545 N | 771145 E | | | | 283700 N | 771145 E | Absolute | | | Extending vertically from ground level to an unlimited upper level. | | | (4) | The Area included within a radius of ten kilometers from Mathura Refineries located :- | |- | | 2723 N | 07742 E | Absolute | | 2(5) | extending vertically from ground level to an unlimited upper level.] | | | | The Area near Bhubaneshwar bounded by the following coordinates :- | | | | 2030 N | 8600 E | | | | 2030 N | 8548 E | | | | 2034 N | 8545 E | | | | 2044 N | 8545 E | | | | 2044 N | 8600 E | | | | 2030 N | 8600 E | Absolute | | | extending vertically from ground level to upper level of 50,000 feet.] | | | 3(6) | The Area included within a radius of ten kilometers from Kalpakkam nuclear installation located:- | | | | 12° 33' 55" N | 80° 10' 3" E | Absolute | | | extending vertically from ground level upto an upper level of 10,000 feet.] | | [SCHEDULE II AIRCRAFT PERSONNEL (See rule 7 and Part V) SECTION A GENERAL ### 1. Educational Qualification- (a) The minimum educational qualification for the following licences shall be a pass in Class Ten from a recognised Board or its equivalent examination :- (i) [ Student Pilot's Licence (Aeroplanes/ Helicopters/ Gliders/ Balloons/ Microlight aircraft and light sport aircraft).] [Substituted by Notification No. G.S.R. 721(E) , dated 23.6.2017 (w.e.f. 23.3.1937).] (ii) Private Pilot's Licence ( Aeroplanes); (iii) Private Pilot's Licence (helicopters); (iv) [ Pilot's Licence (Gliders/ Balloons/ Microlight aircraft/ light sport aircraft).] [Substituted by Notification No. G.S.R. 721(E) , dated 23.6.2017 (w.e.f. 23.3.1937).] (v) Flight Radio Telephone Operator's Licence. (b) The minimum educational qualification for the following licences shall be a pass in class Ten plus Two, with Physics and Mathematics, from a recognised Board/ university or its equivalent examination :- (i) Commercial Pilot's Licence (Aeroplanes); (ii) Commercial Pilot's Licence (Helicopters); (iii) Senior Commercial Pilot's Licence (Aeroplanes); (iv) Airline Transport Pilot's Licence (Aeroplanes); (v) Airline Transport Pilot's Licence (Helicopters); (vi) Student Navigator's Licence; (vii) Flight Navigator's Licence (viii) Student Flight Engineer's Licence; and (ix) Flight Engineer's Licence. (x) Flight Radio Telephone Operator's Licence. ### 2. Flying Experience - (a) The evidence normally required as proof of flying experience shall consist of the production of a personal log book certified by the appropriate authority specified in Sub-Rule (4) of Rule 67A, or of a certified extract therefrom in the form which may be prescribed by the Director-General. Such flying experience shall be to the satisfaction of the Director-General. (b) The flying experience required for the issue of Private Pilot's Licence and Commercial Pilot's Licences shall be acquired under the supervision of a Flight Instructor and shall be on aircraft having valid Certificate of Airworthiness, maintained in accordance with Rules 57-60 except Rule 59A and entered in the Aircraft Rating of Pilot's licence currently held by him. [Provided that the flying experience on an aircraft having a valid special certificate of airworthiness issued by the Director-General, may also be counted if so provided in the relevant section of this Schedule and subject to conditions specified therein.] [Inserted by Notification No. G.S.R. 721(E) , dated 23.6.2017 (w.e.f. 23.3.1937).] (c) The flying experience required for issue of Private Pilot's and Commercial Pilot's Licences shall be acquired at the flying training organizations approved/ recognised by the Director-General except in respect of the applicants qualifying for exemption under Rule 41. (d) The flying experience acquired for the issue of various categories of flight crew licences shall be counted in the manner set out in Rule 67A. (e) Flying training shall be completed in accordance with the syllabus prescribed by the Director-General. (f) [ A holder of a Private pilot's licence (Aeroplanes) who has availed of any credit for flying done on a microlight/ glider/ light sport aircraft as per the provisions of Section Eshall be entitled to get full credit for the same for the issue of next higher pilot licence.] [Inserted by Notification No. G.S.R. 721(E) , dated 23.6.2017 (w.e.f. 23.3.1937).] ### 3. Air Navigation experience. - The evidence of air navigation experience acquired in para (e) of Section V of this Schedule must be produced in the form of personal log book certified by a specified authority, or a certified extract therefrom in the prescribed form and navigation logs and charts. Such air navigation experience shall be to the satisfaction of the Director-General. ### 4. Flight by night. - Flight by night for the purpose of this Schedule, except where otherwise stated, means a flight performed between the period of half an hour after sunset and half an hour before sunrise. ### 5. Cross-country flight- (a) A cross-country flight for the purpose of Sections J, K, L, M and N of this Schedule, unless otherwise stated, means a flight to a point beyond a radius of one hundred nautical miles from the aerodrome of departure whether over land or sea. (b) A cross-country flight, for the purpose of Sections E, F & G of this Schedule, shall mean a flight to a point beyond a radius of fifty nautical miles from the aerodrome of departure. ### 6. Flying tests. - (a) The flying tests, prescribed in this Schedule may be carried out in any order by an Examiner approved by the Director-General. (b) The flying tests shall, nevertheless be carried out only after the pilot under test has passed the examination in Aircraft and Engines on the type appropriate to the category of licence. (c) Stalling and spinning manoeuvres shall be carried out only on the type of aeroplane approved and the recovery from such manoeuvres completed at the minimum height above the ground or obstruction as laid down in the flight manual of the aeroplane or as specified by the Director-General and in no case below two thousand feet above the ground or obstruction. (d) the holder of a current Commercial Pilot's Licence (Aeroplanes/ Helicopters), Senior Commercial Pilot's Licence, issued by the Director-General, shall not be required to undergo general flying test for the issue of Airline Transport Pilot's Licence (Aeroplanes/Helicopters), provided that the aircraft/ helicopter is entered in the Aircraft Rating of his licence and the applicant is in current flying practice on the type. [6-A. Langauage Proficiency.- (a) An applicant for the following licences shall have the ability to speak and understand the English language used for radiotelepohony communications to the level of proficiency specified by the Director General:- (i) Private Pilot's Licence (Aeroplanes); (ii) Private Pilot's Licence (Helicopters); (iii) Commercial Pilot's Licence (Aeroplanes); (iv) Commercial Pilot's Licence (Helicopters); (v) Airline Transport Pilot's Licence (Aeroplanes); (vi) Airline Transport Pilot's Licence (Helicopters); (vii) Flight Engineer's :icence, and (viii) Flight Navigator's Licence. (b) The level of proficiency shall be evaluated in accordance with the procedures laid down by Director General. (c) The licencing authority shall indicate the level of proficiency in the licence.] ### 7. Examination - [(a) The technical and other examination for the issue of a licence, rating or type rating under this Schedule shall be completed within a period of two and a half years immediately preceding the date of application for the issue of the licence or rating, except for issue of Commercial Pilot's Licence (CPL) and Airline Transport Pilot's Licence (ATPL), and for issue of CPL and ATPL, such period shall be five years.] [Substituted by Notification No. G.S.R. 297 (E) dated 8.4.2010 (w.e.f. 23.3.1937)] (b) In case the technical and other examinations and /or tests expire on a holiday, they shall be deemed to be valid till the next working day. (c) All oral examinations under this Schedule shall be conducted by a board constituted and approved by the Director-General. (d) An applicant who fails in any subject of the technical examinations specified in this Schedule shall not be permitted to appear for re-examination within a period of six weeks from the date of examination or such lesser period as may be specified by the DirectorGeneral. (e) The candidates shall, on demand by the Examiner/ Supervisor furnish proof of identity before each test of examination. ### 8. Applications for a licence or a rating. - (a) Applications for issue/ validation of a licence and/ or a rating shall be made to the Director-General of Civil Aviation, New Delhi and for renewal/ revalidation of a licence and/ or a rating shall be made either to the Director-General of Civil Aviation, New Delhi or to any other authority designated by him in this behalf on a prescribed form. (b) Licence and Ratings specified in this Schedule shall be issued in the name as entered in the Class X Certificate of a recognised Board or its equivalent. (c) Class Ten Certificate of a recognised Board or its equivalent or the Birth Certificate issued by a Municipal Corporation/ Committee shall be the documents acceptable as proof of age. (d) Application for the issue of a licence and/ or rating shall be accompanied by :- (i) an assessment of medical fitness issued by the Director-General; (ii) Three unmounted photographs, of size 3 CMs X 4 CMs, of the applicant's head (uncovered) and shoulders in front view; (iii) proof of age as prescribed in para (c) ; (iv) a crossed bank/ Indian Postal Order/ Treasury receipt towards the payment of the prescribed fee, payable in the manner prescribed by the Director-General. (v) any other information as required by the Director-General. (e) The date of application, shall be the date of receipt of application in the office of the Director-General. (f) An aircraft type to be included in the Aircraft Rating of a Pilot's licence shall be the aircraft type on the Indian Register of Civil Aircraft and in respect of which a valid Certificate of Airworthiness [or Special Certificate of Airworthiness] [Inserted by Notification No. G.S.R. 721(E) , dated 23.6.2017 (w.e.f. 23.3.1937).] is in force. [Provided that an aircraft type having a special certificate of airworthiness shall be entered in the aircraft rating of a pilot's licence relating to that aircraft.] [Inserted by Notification No. G.S.R. 721(E) , dated 23.6.2017 (w.e.f. 23.3.1937).] ### 8A. [ Enrolment for training. - To enrol a person for undergoing the pilot training, the training organisation shall obtain a report of verification of character and antecedents of the trainee from the concerned government agency. Such verification report shall be submitted to the Director-General at the time of submission of the application for issue of the licence.] [Inserted by Notification No. G.S.R. 721(E) , dated 23.6.2017 (w.e.f. 23.3.1937).] Section B Student Pilot's Licence [(Aeroplanes/ Helicopters/ Gliders/ Light Sport Aircraft)] [Substituted by Notification No. G.S.R. 721(E) , dated 23.6.2017 (w.e.f. 23.3.1937).] ### 1. Requirements for issue of licence - An applicant for a student Pilot's Licence [(Aeroplanes/ Helicopters/ Gliders/ Light Sport Aircraft)] [Substituted by Notification No. G.S.R. 721(E) , dated 23.6.2017 (w.e.f. 23.3.1937).] shall satisfy the following requirements :- (a) Age - The applicant shall be not less than sixteen years of age on the date of application. (b) Educational Qualification - He shall have passed Class Ten or its equivalent examination from a recognised Board. (c) Medical fitness - He shall produce on a prescribed proforma a certificate of physical fitness from an approved medical practitioner after undergoing a medical examination, during which he shall have established his medical fitness on the basis of compliance with the requirements as notified by the Director-General under Rule 39 B. (d) Knowledge - He shall pass oral examination in Air Regulations, Air Navigation, Aviation Meteorology and Aircraft and Engines as per the syllabus prescribed by the Director-General unless he previously held a pilot's licence of a higher category, or is able to produce evidence in the manner prescribed by the Director-General that he is well-versed with the aforesaid subjects. ### 2. [ Validity - The licence shall be valid for a period as specified in rule 39C.] [Substituted by Notification No. G.S.R. 11 (E) dated 10.1.2011 (w.e.f. 23.3.1937)] ### 3. Renewal- The licence may be renewed for a period not exceeding twelve months from the date of fresh medical examination as specified in para 1(C) subject to the total validity of the licence not exceeding twenty four months from the date of issue. ### 4. Aircraft Rating- The licence shall indicate the class and the types of aeroplanes or helicopters or gliders the holder is entitled to fly. Only those types of aircraft may be entered in the licence in respect of which the candidate has passed the examination in Aircraft and Engines mentioned in para 1(d) . ### 5. Privileges- Subject to the validity of aircraft ratings in the licence and compliance with the relevant provisions of Rules 39B, 39C and 42, the privileges of the holder of a Student Pilot's Licence shall be to fly within Indian territory only, as Pilot-in-Command of any [(aeroplanes/ helicopters/ gliders or light sport aircraft)] [Substituted by Notification No. G.S.R. 721(E) , dated 23.6.2017 (w.e.f. 23.3.1937).] entered in the aircraft rating of his licence : Provided that :- (a) he shall fly at all times under the authority and supervision of a Flight Instructor or an Approved Examiner; (b) he shall fly under Visual Flight Rules only ; (c) he shall not carry passengers, animals and goods or fly for hire, reward or remuneration of any kind; (d) he shall not undertake cross-country flights unless he has a minimum of ten hours of solo flight time and has passed the examinations in Air Navigation and Aviation Meteorology. Note - The Student Pilot's Licence shall be issued by a Flying Club/Government Flying Training School specifically authorised in this regard and subject to the conditions as laid down by the Director-General. SECTION C STUDENT PILOT'S LICENCE (MICROLIGHT AIRCRAFT) ### 1. Requirements for the issue of Licence- An applicant for a Student Pilot's Licence (Microlight Aircraft) shall satisfy the following requirements:- (a) Age- He shall be not less than sixteen years of age on the date of application. (b) Educational Qualification- He shall have passed Class Ten Examination or its equivalent examination from a recognised Board. (c) Medical Fitness- He shall produce on a prescribed proforma a certificate of Physical fitness from an approved medical practitioner after undergoing a medical examination, during which he shall have established his medial fitness on the basis of compliance with the requirements as notified by the Director-General under Rule 39B. (d) Knowledge- He shall pass oral examination in Air Regulation, Air Navigation, Aviation Meteorology and Aircraft and Engines as per the syllabus prescribed by the Director-General, unless he holds a valid pilot's licence of a higher category, or is able to produce evidence in the manner prescribed by the Director-General that he is well-versed with the aforesaid subjects. (e) Security Clearance- Security clearance for the Student Pilot/Pilot will be obtained from the concerned State Police authorities by the Flying Club/Government Flying Training School before commencement of flying training and furnished to the Director-General. ### 2. [ Validity - The licence shall be valid for a period as specified in rule 39C.] [Substituted by Notification No. G.S.R. 11 (E) dated 10.1.2011 (w.e.f. 23.3.1937)] ### 3. Renewal- The licence may be renewed for a period not exceeding twelve months from the date of fresh medical examination as specified in para 1(c) subject to the total validity of the licence not exceeding twenty four months from the date of issue of the licence. ### 4. Aircraft Rating - The licence shall indicate the class and the types of microlight aircraft, the holder is entitled to fly. Only those types of microlight aircraft may be entered in respect of which the candidate has furnished the proof of his having thoroughly familiarised himself with the flight controls, speed profiles, systems, engines and limitations of the aircraft with an Examiner, Flight Instructor or a Pilot authorised by the Director-General. ### 5. Privileges- Subject to the validity of aircraft rating in the licence, and comliance with relevant provisions of Rules 39B, 39C and 42, the privileges of the holder of a Student Pilot's Licence (Microlight) shall be to fly within the Indian territory only, as Pilot in Command of any microlight aircraft entered in the aircraft rating of his licence : Provided that :- (a) he shall fly at all times under the authority and supervision of a flight Instructor or an Examiner approved by the Director-General. (b) he shall fly under visual Flight Rules only. (c) he shall not carry passengers, animals and goods or fly for hire, reward or remuneration of any kind; (d) a pilot who has not been exempted from the provisions of Clause (c) of paragraph-1, shall not undertake cross-country flights unless he has a minimum of ten hours of solo flight time on microlight aircraft and has passed the examinations in Air Navigation and Aviation Meteorology. Note - The student Pilot's Licence shall be issued by a Flying Club/Government Flying Training School specifically authorised in this regard and subject to the conditions as laid down by the Director-General. SECTION D STUDENT PILOT'S LICENCE (BALLOONS) ### 1. Requirements for issue of licence- An applicant for a Student Pilot's Licence (Balloons) shall satisfy the following requirements :- (a) Age- He shall be not less than sixteen years of age on the date of application. (b) Educational Qualification- He shall have passed Class Ten or equivalent Examination from a recognised Board. (c) Medical Fitness- He shall produce on a prescribed proforma a certificate of physical fitness from an approved medical practitioner after undergoing a medical examination, during which he shall have established his medical fitness on the basis of compliance with the requirements as notified by the Director-General under rule 39B. (d) Knowledge- He shall pass an oral examination in Air Regulations, Air Navigation, Aviation Meteorology and Aircraft and Instruments as per the syllabus prescribed by the Director-General. (e) Security Clearance- Security clearance for the Student Pilot/Pilot will be obtained from the concerned State Police authorities by the Flying Club/Government Flying Training School before the commencement of flying training and furnished to the Director-General. ### 2. [ Validity - The licence shall be valid for a period as specified in rule 39C.] [Substituted by Notification No. G.S.R. 11 (E) dated 10.1.2011 (w.e.f. 23.3.1937)] ### 3. Renewal- The licence may be renewed for a period not exceeding twelve months from the date of fresh medical examination as specified in para-1(b) and subject to the total validity of the licence not exceeding twenty four months from the date of issue of the licence. ### 4. Privileges- Subject to compliance with relevant provisions of Rules -39B, 39C and 412 the privileges of the holder of a Student Pilot's Licence (Balloons) shall be to fly within the Indian territory only as Pilot-in-Command of a Balloon. Provided that :- (a) he shall fly at all times under the authority and supervision of a Flight Instructor or an Examiner approved by the Director-General; (b) he shall fly only under Visual Flight Rules. (c) he shall not carry passengers, animals and goods or fly for hire, reward or remuneration of any kind. Note - The Student Pilot's Licence shall be issued by a Flying Club/Government Flying Training School specifically authorised in this regard and subject to the conditions as laid down by the Director-General SECTION E PRIVATE PILOT'S LICENCE (AEROPLANES) ### 1. Requirements for issue of licence - An applicant for Private Pilot's Licence shall satisfy the following requirements :- (a) Age- He shall not be less than seventeen years of age on the date of application. (b) Educational Qualification- He shall have passed Class Ten or equivalent Examination from a recognised Board. (c) Medical Fitness- He shall produce on a prescribed proforma, a certificate of physical fitness from an approved medical practitioner after undergoing a medical examination during which he shall have established his medical fitness on the basis of compliance with the requirements as notified by the Director-General under Rule 39B. (d) Knowledge- He shall pass a written examination in Air Regulations, Air Navigation, Aviation Meteorology and Aircraft and Engines as per the syllabus prescribed by the Director-General. Provided that an applicant in possession of a valid Private Pilot's Licence (Helicopters) or a Commercial/Airline Transport Pilot's Licence (Helicopters) shall pass an examination in Aircraft and Engines only. (e) Experience- He shall produce evidence of having satisfactorily completed as a pilot of an aeroplane not less than forty hours of flight time which shall include- (i) [ not less than ten hours of solo flight time;] [Substituted by Notification No. G.S.R. 721(E) , dated 23.6.2017 (w.e.f. 23.3.1937).] (ii) not less than five hours of cross-country flight time in accordance with para 5(b) of Section A as the sole occupant of an aeroplane including a flight of not less than one hundred and fifty nautical miles in the course of which full stop landings at two different aerodromes shall have been made; (iii) [ not less than five hours of solo flight time completed within a period of twelve months immediately preceding the date of application for the issue of licence; [Substituted by Notification No. G.S.R. 721(E) , dated 23.6.2017 (w.e.f. 23.3.1937).] (iv) fifty percent of the total flying experience on microlight aircraft or on a glider acquired during the preceding twenty four months from the date of application subject to a maximum of ten hours may be counted towards the total experience required for the issue of the licence; (v) solo flight time completed on light sport aircraft within the preceding twenty four months from the date of application, subject to maximum of twenty hours, may be counted towards the total experience required for the issue of the licence.] [Provided that not more than twenty hours of credit shall be given to an applicant under sub-clauses (iv) and (v) put together.] [Inserted by Notification No. G.S.R. 721(E) , dated 23.6.2017 (w.e.f. 23.3.1937).] (f) Flying Training - He shall have completed flying training in accordance with the syllabus prescribed by the Director-General. (g) Skill - He shall have demonstrated his competency to perform as a Pilot-in-command or a Co-pilot of an aeroplane, the procedures and manoeuvres prescribed in the syllabus, to the satisfaction of an Examiner, on the type of aeroplane to which the application for the licence relates, within a period of six months immediately preceding the date of application. ### 2. [ Validity - The licence shall be valid for a period as specified in rule 39C.] [Substituted by Notification No. G.S.R. 11 (E) dated 10.1.2011 (w.e.f. 23.3.1937)] ### 3. Renewal - The licence may be renewed on receipt of satisfactory evidence of the applicant - (a) having undergone a medical examination in accordance with para 1(C); and (b) having satisfactorily completed not less than five hours of flight time as Pilot-in-command of an aeroplane within a period of twelve months immediately preceding the date of application for renewal or in lieu thereof, having satisfactorily completed the flying test as laid down in para 1 (g) within a period of six months immediately preceding the date of application. ### 4. Ratings- (a) Aircraft Rating- The licence shall indicate the class and the types of aeroplanes the holder is entitled to fly. An open rating for all single piston engine types of aeroplanes having an all-up weight not exceeding one thousand five hundred Kgs. may also be granted if he has completed not less than two hundred and fifty hours as Pilot-in-command and has at least four different types of aeroplanes entered in the aircraft rating of his licence : Provided that the privileges of the open rating shall be exercised only after having undergone a ground and flight familiarisation with a Flight Instructor or an approved Examiner for the type of aircraft and a certificate to this effect shall be recorded by the Flight Instructor/Examiner in the Pilot's Log Book before the Pilot is released to exercise the privileges of his open rating. (b) Night Rating - Night Rating entitles the holder of the licence to carry passengers at night. Conditions for the issue of this rating are detailed below :- (i) he must have completed not less than fifty hours of flight time as Pilot-in-command and as sole manipulator of the controls including not less than five hours by night, which must include a minimum of five take-offs and five landings carried out within the preceding six months of the date of application; (ii) he must have completed a dual cross-country flight by night of at least one hundred nautical miles before he can be permitted to undertake sole cross-country flights by night, and (iii) he must have completed not less than five hours of dual instructions in instrument flying which may include not more than two and a half hours on an approved synthetic flight trainer. (c) Instrument Rating - Instrument rating entitles the holder of the licence to fly under the Instrument Flight Rules. The standard of medical fitness and conditions for issue of the rating are laid in Section O. ### 5. Extension of Aircraft Rating - For extension of Aircraft Rating to include an additional type of aeroplane, an applicant shall be required to produce evidence of - (a) having passed written examination in Aircraft and Engines as mentioned in para 1(d); (b) having undergone adequate dual instructions and solo flying to gain competency on the type; (c) having satisfactorily completed the flight test as laid down in para 1(g) on the type within a period of six months immediately preceding date of application for the extension of Aircraft Rating. ### 6. Privileges - Subject to the validity of endorsements and ratings in the licence and compliance with the relevant provisions of Rules 39-B, 39-C and 42, the privileges of the holder of a Private Pilot's Licence shall be to act, but not for remuneration, as Pilot-on-command or as Co-pilot of any aeroplane which is entered in the Aircraft Rating of his licence and carry passengers therein : Provided that - (i) no flight is undertaken for hire or remuneration of any kind, whatsoever; (ii) the passengers are carried by night only when the holder of licence is in possession of a valid night rating and has carried out not less than five take-offs and five landings by night as Pilot-in-command within a period of six months immediately preceding the date of intended flight; and (iii) no flight shall be undertaken under the Instrument Flight Rules without being in possession of a valid Instrument Rating. SECTION F PRIVATE PILOT'S LICENCE (HELICOPTERS) ### 1. Requirements for issue of Licence- An applicant for a Private Pilot's Licence (Helicopters) shall satisfy the following requirements namely :- (a) Age- He shall not be less than seventeen years of age on the date of application. (b) Educational Qualification- He shall have passed Class Ten or equivalent examination from a recognised Board. (c) Medical Fitness- He shall produce on a prescribed proforma a certificate of physical fitness from an approved medical practitioner after undergoing a medical examination, during which he shall have established his medical fitness on the basis of compliance with the requirements as notified by the Director-General under Rule 39B. (d) Knowledge- He shall pass a written examination in Air Regulations, Air Navigation, Aviation Meteorology and Aircraft and Engine as per the syllabus prescribed by the Director-General; Provided that an applicant in possession of a valid Private Pilot's Licence (Aeroplanes) or a Commercial/Senior Commercial/Airline Transport Pilot's Licence (Aeroplanes) shall pass an examination only in Aircraft and Engines. (e) Experience- He shall produce evidence of having satisfactorily completed as a Pilot of a helicopter not less than forty hours of flight time, which shall include- (i) not less than fifteen hours of solo flight time of which not less than ten hours shall have been completed within a period of twelve months immediately preceding the date of application. (ii) not less than five hours of cross-country flight time as the sole occupant of helicopter or helicopters including a flight of not less than one hundred nautical miles in the course of which full stop landings at two different points shall have been made. This flight time may be included in the flight time required under sub-clause (i). Provided that a person who has satisfactorily completed not less than three hundred hours of flight time as Pilot-in-command of an aeroplane shall be required to complete on a helicopter not less than twenty hours of total flight time, dual and solo, which shall include not less than ten hours of solo flight time completed within a period of twelve months immediately preceding the date of application for a licence. (f) Flying Training - He shall have completed flying training in accordance with the syllabus prescribed by the Director-General. (g) Skill - He shall have demonstrated his competency to perform the procedures and manoeuvres prescribed in the syllabus to the satisfaction of an Examiner, on the type of helicopter to which the application for the licence relates, within a period of six months immediately preceding the date of application. ### 2. [ Validity - The licence shall be valid for a period as specified in rule 39C.] [Substituted by Notification No. G.S.R. 11 (E) dated 10.1.2011 (w.e.f. 23.3.1937)] ### 3. Renewal- The licence may be renewed on receipt of satisfactory evidence of the applicant - (a) having undergone a medical examination in accordance with para 1(c); and (b) having satisfactorily completed not less than five hours of flight time as Pilot-in-command of a helicopter within a period of six moths immediately preceding the date of application for renewal or in lieu thereof; having satisfactorily completed the flight test as laid down in para 1(g) within a period of six moths immediately preceding the date of application. ### 4. Ratings- (a) Aircraft Rating : The licence shall indicate the class and the types of helicopter the holder is entitled to fly. An open rating for all single piston engine type of helicopters having an all-up-weight not exceeding one thousand five hundred Kgs. may also be granted if he has completed not less than two hundred and fifty hours as Pilot-as-command and has at least four different types of helicopters entered in the aircraft rating of his licence : Provided that the privileges of the open rating shall be exercised only after having undergone a ground and flight familiarisation with a Flight Instructor or an approved Examiner for the type of helicopter. A certificate to this effect shall be recorded by the Examiner/Flight Instructor in the Pilot's Log Book before the pilot is released to exercise the privileges of the open rating. (b) Night Rating - Night Rating entitles the holder to carry passengers at night. Conditions for the issue of this rating are as follows :- (i) he must have completed not less than 50 hours of flight time as Pilot-in-command of a helicopter and as sole manipulator of the controls, including not less than ten take-offs and ten landing patterns by night within a period of six months immediately preceding the date of application; and (ii) he must have completed not less than five hours of dual instructions in night flying. (c) Instrument Rating - Instrument rating entitles the holder to fly under the Instrument Flight Rules. The standard of medical fitness and conditions for issue of this rating are laid down in Section P ### 5. Extension of Aircraft Rating- For extension of Aircraft Rating, to include an additional type of helicopter, an applicant shall be required to produce evidence of - (a) having passed written examination in Aircraft and Engines as laid down in para 1(d); (b) having undergone adequate dual instructions and acquired sufficient solo flying experience to gain competency on the type; and (c) having satisfactorily completed the flying test as laid down in para 1(g) on the type within a period of six months immediately preceding the date of application for extension of Aircraft Rating ; ### 6. Privileges- Subject to the validity of endorsement and ratings in the licence and compliance with the relevant provisions of rules 39B, 39C and 42, the privileges of the holder of a Private Pilot's Licence (Helicopters) shall be to act, but not for remuneration, as Pilot-in-Command or as a Co-Pilot of any helicopter which is entered in the Aircraft Rating of his licence and carry passengers therein : Provided that :- (a) no flight shall be undertaken for hire or remuneration of any kind, what-soever; (b) the passengers are carried by night only when the holder of licence is in possession of a valid night rating and has carried out not less than five take-offs and five landings patterns by night as Pilot-in-Command within a period of six months immediately preceding the date of intended flight; and (c) no flight shall be undertaken under the Instrument Flight Rules without being in possession of a valid Instrument Rating. SECTION G PRIVATE PILOT'S LICENCE (MICROLIGHT) ### 1. Requirements for the Issue of Licence- An applicant for a Pilot's Licence Microlight aircraft shall satisfy the following requirements :- (a) Age- He shall not be less than seventeen years of age on the date of application. (b) Educational Qualification- He shall have passed Class Ten or equivalent Examination from a Recognised Board. (c) Medical Fitness- He shall produce on a prescribed proforma a certificate of physical fitness from an approved medical practitioner after undergoing a medical examination, during which he shall have established his medical fitness on the basis of compliance with the requirements as notified by the Director-General under rule 39B. (d) Knowledge- He shall pass a written examination in Air Regulations, Air Navigation, Aviation Meteorology and Aircraft and Engines as per the syllabus prescribed by the Director-General : Provided that an applicant in possession of a valid Private Pilot's Licence (Aeroplanes/helicopters) or a higher category of Pilot's Licence shall upon production of evidence in the form of a Certificate recorded by Flight Instructor/Examiner in the pilot's Log Book to the effect that the pilot has been thoroughly familiarised with the flight controls, speed profiles, systems, engines and limitations of the Microlight aircraft be exempted : Provided further that an applicant in possession of a valid Pilot's Licence Gliders shall be exempted from examination in Air Regulations and Aviation Meteorology only. (e) Security Clearance- If not already obtained, security clearance for the Pilot will be obtained from the concerned State Police authorities by the Flying Club/Government Flying Training School before commencing flying and forwarded to the Director-General. (f) Experience- He shall produce evidence of having satisfactorily completed not less than forty hours of flight time on microlight aircraft, which shall include - (i) not less than fifteen hours of solo flight time of which not less than ten hours shall have been completed within a period of twelve months immediately preceding the date of application for the licence; and (ii) not less than five hours of cross-country flight time as the solo occupant of microlight aircraft including a flight over a distance of not less than fifty nautical miles from the aerodrome of departure and at least one full stop landing at a suitable aerodrome or landing ground other than the aerodrome of departure; (iii) the holder of a current Private Pilot's Licence (Aeroplanes) or a higher category of Licence (Aeroplanes) shall be exempted from the experience requirements. Such pilots shall, however, be required to carry out familiarisation flights which shall be followed by not less than three solo take-offs and landings. The familiarisation flights shall be carried out under the supervision of an approved Examiner or a Flight Instructor approved by the Director-General. (g) Flying Training- He shall have completed the flying training in accordance with the syllabus prescribed by the Director-General. (h) Skill- He shall have demonstrated his competency to perform the procedures and manoeuvres prescribed in the syllabus to the satisfaction of an Examiner, on the type of microlight aircraft to which the application for licence relates, within a period of six months immediately preceding the date of application. ### 2. [ Validity - The licence shall be valid for a period as specified in rule 39C.] [Substituted by Notification No. G.S.R. 11 (E) dated 10.1.2011 (w.e.f. 23.3.1937)] ### 3. Renewal- The licence may be renewed on receipt of satisfactory evidence of the applicant - (a) having undergone a medical examination in accordance with para 1(c). (b) having satisfactorily completed not less than five hours of flight time as Pilot-in-command of a microlight aircraft within a period of twelve months immediately preceding the date of application for renewal or in lieu thereof; having satisfactorily completed the flight test as laid down in para-1(h) within a period of six months immediately preceding the date of application. ### 4. Aircraft Rating- The licence shall indicate the class and type of microlight aircraft, the holder is entitled to fly. An open rating for all types of microlight aircraft may also be granted if he has satisfactorily completed not less than one hundred hours of flight time as Pilot-in-command of an aeroplane or a microlight aircraft provided that before undertaking a solo flight on any microlight aircraft, he shall have undergone familiarisation with the flight controls, speed profiles, systems, engines and limitations of the aircraft with a qualified microlight pilot having one hundred fifty hours of Pilot-in-command experience and a certificate to that effect recorded in the pilot's log book. ### 5. Privileges- Subject to the validity of aircraft ratings in the licence and compliance with the relevant provisions of the Rules 39B, 39C and 42 of the Aircraft Rules, 1937, the privileges of the holder of a Pilot's Licence (Microlight) shall be to act as Pilot-in-Command of a microlight aircraft, which is entered in the Aircraft Ratings of his licence, under the Visual Flight Rules. SECTION H PILOT'S LICENCE (BALLOONS) ### 1. Requirements for the issue of Licence- An applicant for a Pilot's Licence shall satisfy the following requirements :- (a) Age- He shall be not less than sixteen years of age on the date of application. (b) Educational Qualification- He shall have passed Class Ten or equivalent Examination from a recognised Board. (c) Medical Fitness- He shall produce on a prescribed proforma a certificate of physical fitness from an approved medical practitioner after undergoing a medical examination, during which he shall have established his medical fitness on the basis of compliance with the requirements as notified by the Director-General under rule 39B. (d) Knowledge- He shall pass a written examination in Air Regulations, Air Navigation, Aviation Meteorology, Airmanship and Balloon systems/Aerostatics as per the syllabus prescribed by the Director-General : Provided that an applicant in possession of a current Pilot's Licence Gliders, Private Pilot's Licence (Aeroplanes/Helicopters). pilot's Licence Microlight aircraft or a higher category of Pilot's Licence shall pass an examination only in airmanship and Balloon system/Aerostatics. (e) Security Clearance- If not already obtained, security clearance for the Pilot will be obtained from the concerned State Police authorities by the Flying Club/Government Flying Training School before commencing flying training and forwarded to the Director-General. (f) Experience- He shall produce evidence of having satisfactorily completed as Pilot of a Balloon not less than sixteen hours of flight time as a pilot of free balloons including at least eight launches and ascents of which- (i) six ascents shall be under instruction; (ii) one ascent in control, under the supervision of a properly rated Balloon Pilot, to an altitude of not less than one thousand five hundred meters above sea level; (iii) one ascent under supervision as the sole occupant of a Balloon. (g) Flying Training- He shall have completed flying training in accordance with the syllabus prescribed by the Director-General. (h) Skill- He shall have demonstrated his competency to perform the procedures and manoeuvres prescribed in the syllabus to the satisfaction of an examiner, on the type of the balloon to which the application for the licence relates, within a period of six months immediately preceding the date of application. ### 2. [ Validity - The licence shall be valid for a period as specified in rule 39C.] [Substituted by Notification No. G.S.R. 11 (E) dated 10.1.2011 (w.e.f. 23.3.1937)] ### 3. Renewal- The licence shall be renewed on receipt of satisfactory evidence of the applicant - (a) having undergone a medical examination in accordance with para 1(c). (b) having satisfactorily completed at least five ascents as Pilot-in-Command of which at least one ascent should be to an altitude of one thousand five hundred metres or above within a period of six months immediately preceding the date of application or in lieu thereof; having satisfactorily completed the flying test in accordance with para 1(h) within a period of six months immediately preceding the date of application. ### 4. Night Rating- (a) To exercise the privileges of the licence by night, the applicant shall have completed atleast two ascents by night each of not less than 2 hours duration under the supervision of a licensed Balloon Pilot whose licence is not limited to day flying only. (b) Night Rating shall be valid subject to the licence holder having completed atleast two ascents by night of an average duration of one hour each during a period six months immediately preceding the date of intended flight. ### 5. Privileges- The privileges of the holder of a Pilot's Licence (Balloons) shall be to act as Pilot-in-Command of any Balloon and to carry passengers, tow banners (fixed or otherwise) which do not adversely affect the safety of the Balloon, under the Visual Flight Rules only. SECTION I PILOT'S LICENCE (GLIDERS) ### 1. Requirements for the Issue of Licence- An application for the issue of Pilot's Licence Gliders shall satisfy the following requirements :- (a) Age- He shall be not less than sixteen years of age on the date of application. (b) Educational Qualification- He shall have passed Class Ten or equivalent Examination from a recognised Board. (c) Medical Fitness- He shall produce on a prescribed proforma a certificate of physical fitness from an approved medical practitioner after undergoing a medical examination, during which he shall have established his medical fitness on the basis of compliance with the requirements as notified by the Director-General under rule 39B. (d) Knowledge- He shall pass an oral examination in Air Regulations, Air Navigation, Aviation Meteorology and Aircraft & Instruments, and engines in case of motor gliders, as per the syllabus prescribed by the Director-General :- Provided that an applicant in possession of a valid Pilot's Licence Balloons/microlight Aircraft, Private pilot's Licence (Aeroplanes/Helicopters) or a higher category of Pilot's Licence shall pass an oral test in Aircraft and Instruments. (e) Experience- He shall produce evidence of having satisfactorily completed as Pilot of a Glider - (i) not less than ten hours of flight time of which not less than five hours shall be solo flight time; and (ii) not less than seventy five take-offs and landings of which not less than twenty five solo take-offs and landings shall have been completed within a period of six months immediately preceding the date of application for licence. (f) Flying Training- He shall have completed the gliding training in accordance with the syllabus prescribed by the Director-General. (g) Skill- He shall have demonstrated his competency as Pilot-in-Command of a Glider, the procedures and maneuvers prescribed in the syllabus to the satisfaction of the Examiner, on the type of glider to which the application for the licence relates within a period of six months immediately preceding the date of application. ### 2. [ Validity - The licence shall be valid for a period as specified in rule 39C.] [Substituted by Notification No. G.S.R. 11 (E) dated 10.1.2011 (w.e.f. 23.3.1937)] ### 3. Renewal - The licence shall be renewed on receipt of satisfactory evidence of the applicant- (a) having undergone a medical examination in accordance with para 1(c); (b) having satisfactorily completed not less than three hours of flight time or twenty take-offs and landings as Pilot-in-Command of a Glider within a period of six months preceding the date of application for renewal or in lieu thereof; having satisfactorily completed the flying tests in accordance with para-1(g) within period of six months immediately preceding the date of application. ### 4. Ratings- (a) Aircraft Rating- The licence shall indicate the type of gliders the holder is entitled to fly. (i) An open rating to fly all gliders having an all-up-weight not exceeding six hundred kilograms may also be granted if a pilot has satisfactorily completed not less than fifty hours of flight time as Pilot-in-Command in free flight including not less than two hundred take-offs and landings as solo manipulator of controls :- Provided that the privileges of open rating shall be exercised only after having undergone familiarisation flights with Flight Instructor (Glider) or with an approved Examiner or having been thoroughly briefed by an approved Examiner or an Instructor in case of single seater glider and a certificate to that effect recorded by the Examiner/Instructor in the Pilot's log book, before releasing the pilot for flight. (b) Aero-Tow Rating - Aero-tow Rating entitles the holder to carry passengers in gliders in aero-tow flights. An Aero-tow Rating may be given if a glider pilot has satisfactorily completed in a glider not less than ten aero-tow flights of a total duration of not less than two hours as pilot of a glider : Provided that no solo aero-tow flights are undertaken, unless at least five dual aero-tow flights have been carried out with a qualified Instructor on board and a satisfactory report to that effect recorded by the Instructor in the pilot's log book before the aero-tow flights are undertaken. (c) Glider Towing Requirements - No person shall act as Pilot-in-Command of an aircraft towing a glider unless he meets the following requirements :- (i) he holds a valid pilot's licence (other than a Student Pilot's Licence); (ii) he has an endorsement in his Pilot log book from a person authorised to give instruction in glider towing and is familiar with the techniques and procedures essential to the safe towing of gliders, including airspeed limitations, emergency procedures, signals used and maximum angles of bank; (iii) he has made and entered in his Pilot's log book at least three flights as sole manipulator of the controls of an aircraft towing a glider under the supervision of a pilot who meets the requirements of this clause and has carried out at least ten flights as 'Pilot-in-Command' of an aircraft towing a glider; (iv) If he holds only a Private Pilot's Licence (Aeroplanes), he shall have not less than one hundred hours of flight time as Pilot-in-Command. (d) Motor Glider Rating - Motor Glider Rating entitles the holder to carry passengers in a self launching motor glider. A motor glider rating may be given if the holder of a valid pilot's Licence Glider produces evidence of : (i) having passed an oral examination in engines; (ii) having satisfactorily completed as pilot of self-launching Motor glider not less than forty take-offs and landings, out of which not less than ten take-offs and landings shall have been completed as Pilot-in-Command; (iii) having thoroughly familiarised himself with the flight controls, speed profiles, systems, engines and limitations of the aircraft with an approved Examiner/Glider Instructor and a certificate to that effect recorded by Instructor/Examiner in the Pilot's log book. ### 5. Extension of Aircraft Rating- For extension of Aircraft Rating to include an additional type of Glider, the applicant shall be required to produce evidence of :- (i) having passed an oral examination in aircraft and instruments and engines in case of motor gliders, as mentioned in para 1(d) : (ii) having satisfactorily completed the flying tests in accordance with para-1(g) on the type of glider to which the application relates within a period of six months immediately preceding the date of application for extension of the aircraft rating; and (iii) having satisfactorily carried out not less than three take-offs and landings as Pilot-in-command as sole manipulator of controls. ### 6. Privileges- Subject to the validity of the aircraft ratings in the licence and compliance with the relevant provisions of Rules 39B, 39C and 42 of the Aircraft Rules, 1937, the privileges of the holder of Pilots Licence Gliders shall be to act, as Pilot-in-Command off any glider which is entered in the Aircraft Rating of the licence and to carry passengers therein under the Visual Flight Rules. Note- 1. The privileges granted under this section shall be exercised only when the method of launching is any one of the following :- Winch-launching, Auto-launching, or Launching by aero-tow. ### 2. If any unconventional method of launching such as rockets, catapults, etc. is adopted, the privileges to fly in command and to carry passengers shall be exercised only after he has completed an approved course of training and a flying test to the satisfaction of the Director-General. [Section- IA] [Inserted by Notification No. G.S.R. 721(E) , dated 23.6.2017 (w.e.f. 23.3.1937).] Pilot's Licence (Light Sport Aircraft) ### 1. Requirements for the Issue of Licence - An applicant for a Pilot's Licence (Light Sport aircraft) shall satisfy the following requirements:- (a) Age - He shall not be less than seventeen years of age on the date of application; (b) Educational Qualification - He shall have passed Class Ten or equivalent Examination from a Recognised Board; (c) Medical Fitness - He shall produce on a prescribed proforma a certificate of physical fitness from an approved medical practitioner after undergoing a medical examination, during which he shall have established his medical fitness on the basis of compliance with the requirements as notified by the Director-General under rule 39B; (d) Knowledge - He shall pass a written examination in Air Regulations, Air Navigation, Aviation Meteorology and Aircraft and Engines as per the syllabus prescribed by the Director-General: Provided that an applicant in possession of a valid Private Pilot's Licence (Aeroplanes/ helicopters) or a higher category of Pilot's Licence shall be exempted from passing all the aforesaid examinations under clause (d) after furnishing a Certificate by the Flight Instructor or Examiner in the pilot's Log Book to the effect that the pilot has been thoroughly familiarised with the flight controls, speed profiles, systems, engines and limitations of the light sport aircraft. Provided further that an applicant in possession of a valid Pilot's Licence (Gliders) shall be exempted from examination in Air Regulations and Aviation Meteorology specified in clause (d). (e) Experience - He shall produce evidence of having satisfactorily completed not less than forty hours of flight time on light sport aircraft, which shall include - (i) not less than twenty hours of flight training with, - (a) two hours of dual cross country flight training; (b) one solo cross-country flight of total distance of not less than fifty nautical miles with a full stop landing at a minimum of two different aerodromes and with one segment of the flight consisting of straight line distance of at least twenty five nautical miles; (ii) not less than ten hours of solo flight time with ten take-offs and landings completed within six months preceding the date of submission of application for issue of licence. Provided that the holder of a current Private Pilot's Licence (Aeroplanes) or a higher category of Licence (Aeroplanes) shall be exempted from the experience requirements. Such pilots shall, however, be required to carry out familiarisation flights of minimum one hour followed by not less than three solo take-offs and landings within six months preceding the date of application. Such flying shall be carried out under the supervision of an approved Examiner or a Flight Instructor approved by the Director-General and endorsed in the logbook of the licence holder by the approved Examiner/ Instructor. (f) Flying Training - He shall have completed the flying training in accordance with the syllabus prescribed by the Director-General. (g) Skill - He shall have demonstrated his competency to perform the procedures and manoeuvres prescribed in the syllabus to the satisfaction of an Examiner, on the type of light sport aircraft to which the application for licence relates, within a period of six months immediately preceding the date of application. ### 2. Validity - The licence shall be valid for a period as specified in rule 39C. ### 3. Renewal - The licence may be renewed on receipt of satisfactory evidence of the applicant - (a) having undergone a medical examination in accordance with para 1(c); and (b) having satisfactorily completed not less than five hours of flight time as Pilot-in-command of a light sport aircraft within a period of twelve months immediately preceding the date of application for renewal, or having satisfactorily completed the flight test as laid down in paragraph 1(g) within a period of six months immediately preceding the date of application. ### 4. Aircraft Rating - The licence shall indicate the class and type of light sport aircraft the holder is entitled to fly. An open rating for all types of light sport aircraft may also be granted if he has satisfactorily completed not less than one hundred hours of flight time as Pilot-in-command of an aeroplane or a light sport aircraft. Provided that the privilege of the open rating shall be exercised only after having undergone familiarisation with the flight controls, speed profiles, systems, engines and limitations of the aircraft with a qualified light sport pilot having not less than one hundred fifty hours of Pilot-in-command experience and a certificate to that effect shall be recorded by the qualified light sport pilot of that aircraft in the pilot's log book. ### 5. Privileges - (a) Subject to provisions of rules 39B, 39C and 42, the privileges of the holder of a Pilot's Licence (Light Sport Aircraft) shall be to act as Pilot-in-Command of a light sport aircraft, which is entered in the Aircraft Rating of his licence, under the visual flight rules. (b) A Light Sport Aircraft Pilot shall not: (i) carry a passenger or property for compensation or hire; (ii) fly at night; (iii) fly in Class D and E airspace (controlled airspace) unless he holds a valid Flight Radio Telephony Operator's Licence (Restricted) and has been trained by an approved instructor with a log book endorsement for operation at any aerodrome with an operating control tower; (iv) fly at an altitude of more than 10,000 feet mean sea level or 2000 feet above ground level, whichever is higher; (v) fly when flight or surface visibility is less than 5000 meter; (vi) fly without visual reference to surface; (vii) fly contrary to any operating limitation placed on the special certificate of airworthiness of the aircraft being flown; and (viii) fly contrary to any limit on pilot licence or medical or any other limit. (c) The holder of a Pilot Licence (Light Sport aircraft) having a total experience of 100 hours of flight time as pilot in command on a light-sport aircraft may impart flying instructions on a light sport aircraft subject to the condition that he has been assessed fit for imparting training by an examiner approved by the Director-General. (d) The holder of a Flight Instructor's Rating (Aeroplanes) having a total experience of 15 hours of flight time as pilot in command on a light sport aircraft may impart instructional training on a light sport aircraft. SECTION J COMMERCIAL PILOT'S LICENCE (AEROPLANES) ### 1. Requirements for issue of Licence- An applicant for a Commercial Pilot's Licence shall satisfy the following requirements:- (a) Age- He shall be not less than Eighteen years of age on the date of application: (b) Educational Qualification- He shall have passed Class Ten plus Two or an equivalent examination with Physics and Mathematics, from a recognized Board/University. (c) Medical Fitness- He shall produce on a prescribed proforma a certificate of physical fitness from an approved Medical Board after undergoing a medical examination during which he shall have established his medical fitness on the basis of compliance with the requirements as notified by the Director-General under Rule 39B. (d) Knowledge- He shall pass a written examination in Air Regulations, Air Navigation Meteorology and aircraft and Engines and Signals (practical) examination for interpretation of aural and visual signals, as per the syllabus prescribed by the Director-General : Provided that the holder of a current Commercial Pilot's Licence (Helicopters) shall be required to pass an examination in Aircraft and Engines only. (e) Experience- He shall produce evidence of having satisfactorily completed as a pilot of an aeroplane within a period of five years immediately preceding the date of application for licence not less than [two hundred hours] [Substituted for the words "two hundred fifty hours" by Notification No. G.S.R. 400(E) dated 14.6.2005 (w.e.f. 23.3.1937)] of flight time, which shall include- (i) not less than [one hundred hours] [Substituted for the words "One hundred fifty hours" by Notification No. G.S.R. 400(E) dated 14.6.2005 (w.e.f. 23.3.1937)] of flight time as Pilot-in-Command of which not less than fifteen hours shall have been completed within a period of six months immediately preceding the date of application for licence; (ii) not less than [twenty hours] [Substituted for the words "Twenty five hours" by Notification No. G.S.R. 400(E) dated 14.6.2005 (w.e.f. 23.3.1937)] of cross-country flight time as Pilot-in-Command including a cross-country flight of not less than three hundred nautical miles in the course of which full stop landings at two different aerodromes shall be made; (iii) not less than ten hours of instrument time of which not more than five hours may be on an approved simulator; and (iv) not less than five hours of flight time by night including a minimum of ten take-offs and ten landings as Pilot-in-Command as (sole manipulator of controls) carried out within six months immediately precedings the date of application for licence. [Provided that in case of an applicant who is in possession of a Commercial Pilot's Licence (Helicopters/Airline Transport Pilot's Licence (Helicopters) and who has satisfactorily completed not less than 1000 hours of flight time as Pilot-in-Command of a helicopter, the above experience requirement of two hundred hours as pilot of an aeroplane shall be reduced to one hundred hours, which shall include - (i) Not less than seventy five hours of flight time as pilot-in-command including a minimum of twenty five hours of cross country flight time and ten hours of instrument time of which not less than five hours may be on approved simulator; (ii) Not less than five hours of flight time by night including ten takeoffs and landing patterns; and (iii) Not less than ten hours of flight time on aeroplane within a period of six months immediately preceding the date of application for issue of licence.] (f) Flying Training - He shall have completed the flying training in accordance with the syllabus prescribed by the Director-General. (g) Other Requirements - He shall be in possession of a current Flight Radio Telephone Operator's Licence for operation of radio telephone apparatus on board an aircraft issued by the Director-General. (h) Skill - He shall have demonstrated his competency to perform the procedures and manoeuvres prescribed in the syllabus to the satisfaction of an examiner, on the type of aeroplane to which the application for licence relates, within a period of six months immediately preceding the date of application. The Director General may, however, allow Skill Test or part thereof to be carried out on aircraft/approved Zero Flight Time Training simulator level 'D' for the type of aircraft. The competency shall be demonstrated in - [Inserted by G.S.R. 68(E) Dated 30.1.2009 ] (i) general flying test by day; (ii) general flying test by night; (iii) a cross-country flight test by day consisting of a flight of not less than two hundred fifty nautical miles in the course of which at least one full stop landing at an aerodrome other than the aerodrome of departure shall be made; and (iv) a cross-country flying test by night consisting of a flight of not less than one hundred twenty nautical miles returning to the place of departure without landing elsewhere. ### 2. [ Validity - The licence shall be valid for a period as specified in rule 39C.] [Substituted 'The period of validity shall commence from the date of issue or renewal of the licence. The licence shall be valid for a period specified in Rule 39C subject to compliance with renewal requirements as stipulated in para 3 hereinafter.' by Notification No. G.S.R. 11 (E) dated 10.1.2011 (w.e.f. 23.3.1937)] ### 3. Renewal- The licence may be renewed on receipt of satisfactory evidence of the applicant - (a) having undergone a medical examination in accordance with para 1(c) above; (b) having satisfactorily completed not less than ten hours of flight time as Pilot-in-Command (Fifty percent of flight time as Co-Pilot may be counted towards the requirement of flight time as Pilot-in-Command) within a period of six months immediately preceding the date of application for renewal; or in lieu thereof, having satisfactorily completed the general flying test by day and night as laid down in clause (h) of paragraph 1 within the same period; (c) having a current Flight Radio Telephone Operator's Licence for operation of radio telephone apparatus on board an aircraft, issued by the Director-General. ### 4. Aircraft Rating- (a) The licence shall indicate the types of aeroplane the holder is entitled to fly. Provided that in case of an applicant who is in possession of a Commercial Pilot's Licence (Helicopters) and who has satisfactorily completed not less than one thousand hours of flight time as Pilot-in-Command of a helicopter, the above experience requirement of two hundred hours as pilot of an aeroplane shall be reduced to one hundred hours. (b) An open rating for all single piston engine type of aeroplane having an allupweight not exceeding one thousand five hundred Kgs. may also be granted if he has completed not less than one thousand hours of flight time on such types of aeroplanes including not less than five hundred hours as Pilot-in-Command and has at least four different types of aircraft entered in the aircraft rating of his licence: Provided that the privileges of the open rating shall be exercised only after having undergone a ground and flight familiarisation with a flight Instructor or an approved Examiner and a certificate to this effect shall be recorded by the Examiner in the pilot's log book, before the pilot is released to exercise the privileges of open rating on that type of aircraft. (c) Instructor's Rating- Instructor's Rating entitles the holder to impart flying instructions. The privileges and conditions for the issue of these ratings are laid down in Sections Q & R. (d) Instrument Rating- Instrument Rating entitles the holder to fly under Instrument Flight Rules. Conditions for issue of this rating are laid down in Section O. ### 5. [ Extension of Aircraft Rating. [Substituted by Notification No. G.S.R. 1066(E) , dated 25.10.2018 (w.e.f. 23.3.1937).] - For extension of aircraft rating to include an additional type of aeroplane, an applicant shall have passed a written examination in Aircraft and Engines as mentioned in clause (d) of paragraph 1 and shall have acquired, under appropriate supervision, experience in flying the aircraft of such type or on approved flight simulator in accordance with the syllabus prescribed by the Director- General followed by skill test as laid down by the Director-General.] [Substituted by Notification No. G.S.R. 19 (E) dated 27.12.2007 (w.e.f. 23.3.1937)] ### 5A. [ Proficiency Check. - (a) In order to act as a co-pilot of transport aeroplanes having an all-up weight exceeding five thousand seven hundred kilograms, the licence-holder shall be required to undergo an appropriate proficiency check as specified by the Director-General, in respect of the type of aircraft to be flown. (b) The proficiency check carried out as per para (a) shall be valid for a period of six months from the date of the check and shall be renewed for a further period of six months at a time. (c) In the case of renewal, the period of validity shall commence from the date of expiry of the previous validity provided that the check has been carried out within two months preceding the date of expiry.] ### 6. Privileges- Subject to the validity of endorsements and ratings in the license and compliance with the relevant provisions of Rule 39B, Rule 39C and Rule 42 of the Aircraft Rules, 1937, the privileges of the holder of a Commercial Pilot's License shall be :- (a) to exercise all the privileges of Private Pilot's License; (b) to act as Pilot-in-Command of any aeroplane having an all-up-weight not exceeding five thousand seven hundred Kgs. and which is entered in the aircraft rating of his license provided that when passengers are to be carried at night, he shall have carried out within a period of six months immediately preceding the date of the intended flight not less than ten take-offs and ten landings by night as Pilot-in-Command: (c) to act as Co-Pilot of any aeroplane where a Co-Pilot is required to be carried and which is entered in the aircraft rating of his license : Provided that for all flights under the Instrument Flight Rules, either as Pilot-in-Command or as Co-Pilot, he shall have a current Instrument Rating: [\* \* \*] [Omitted 'Provided further that for all flights as Co-Pilot of transport aeroplanes having an all-upweight exceeding five thousand seven hundred Kgs. he shall have carried out within the preceding six months of the intended flight, appropriate proficiency checks in respect of that type of aircraft as required by the Director-General.' by Notification No. G.S.R. 399 (E) , dated 31.3.2016 (w.e.f. 23.3.1937).] SECTION K COMMERCIAL PILOT'S LICENCE (HELICOPTERS) ### 1. Requirements for issue of licence- An applicant for a Commercial Pilot's Licence (Helicopters) shall satisfy the following requirements :- (a) Age- He shall be not less than eighteen years of age on the date of application. (b) Educational Qualification- He shall have passed class ten plus two with Physics and Mathematics or its equivalent examination from a recognized Board/University. (c) Medical Fitness- He shall produce on a prescribed proforma a certificate of physical fitness from an approved Medical Board after undergoing a medical examination, during which he shall have established his medical fitness on the basis of compliance with the requirements as notified by the Director-General under Rule 39B. (d) Knowledge- He shall pass a written examination in Air Regulations, Air Navigation, Aviation Meteorology and Aircraft and Engines and Signals (practical) examination for interpretation of aural and visual signals as per the syllabus prescribed by the Director-General: Provided that an applicant in possession of a current Commercial Pilot's Licence (Aeroplanes) or higher category of a pilot's licence shall be required to pass an examination in Aircraft and Engines only. (e) Experience- He shall produce evidence of having satisfactorily completed as pilot of helicopter or helicopters not less than one hundred and fifty hours of flight time, which shall include- (i) not less that fifty hours of flight time as Pilot-in-Command of a helicopter; (ii) not less than ten hours of cross-country flight time as Pilot-in-Command of a helicopter; (iii) not less than ten hours of flight time as Pilot-in-Command of a helicopter within a period of six months immediately preceding the date of application for licence; out of which not less than five hours of flight time by night which shall include not less than ten take-offs and ten landing patterns by night: (iv) not less than ten hours of instrument instruction time of which not less than five hours may be instrument ground time; [Provided that a person who is holder of a Commercial Pilot's Licence (Aeroplanes) or an Airline Transport Pilot's Licence (Aeroplanes) shall be required to complete on a helicopter not less than eighty hours of flight time including not less than twenty hours of flight time as Pilot-in-Command which shall include not less than five hours of cross country time, and not less than five hours of flight time by night with not less than ten take offs and ten landing patterns within a period of six months immediately preceding the date of application for licence.] [Substituted by Notification No. G.S.R. 487 (E) dated 21.6.2012 (w.e.f. 23.3.1937)] (f) Flying Training- He shall have completed flying training in accordance with the syllabus prescribed by the Director-General. (g) Other Requirements- He shall be in possession of a current Flight Radio Telephone Operator's Licence for operation of radio telephone apparatus on board an aircraft issued by the Director-General. (h) Skill- He shall have demonstrated his competency to perform the procedures and manoeuvres prescribed in the syllabus by day and night to the satisfaction of an approved Examiner, on the type of helicopter to which the application for licence relates, within a period of six months immediately preceding the date of application. ### 2. [ Validity - The licence shall be valid for a period as specified in rule 39C.] [Substituted by Notification No. G.S.R. 11 (E) dated 10.1.2011 (w.e.f. 23.3.1937)] ### 3. Renewal- The licence may be renewed on receipt of satisfactory evidence of the applicant- (a) Having undergone a medical examination in accordance with para 1(c). (b) Having satisfactorily completed not less than five hours of flight time as Pilot-in-Command (fifty percent of the flight time as Co-Pilot may be counted towards the requirements of flight time as Pilot-in-Command) of a helicopter within a period of six months immediately preceding the date of application for renewal, or in lieu thereof having satisfactorily completed the flying tests as laid down in para 1(h) within the same period. (c) Having a current Flight Radio Telephone Operator's Licence for operation of radio telephone apparatus on board an aircraft issued by the Director-General. ### 4. Ratings- (a) Aircraft Rating- The licence shall indicate the class and types of helicopters the holder is entitled to fly. An open rating for all single engine piston type of helicopters having an all-up-weight not exceeding one thousand five hundred Kgs. may also be granted if he has completed not less than one thousand hours of flight time including not less than two hundred hours as Pilot-in-Command on helicopters and has at least four different types of helicopters entered in the aircraft rating of his licence. (b) Instructor's Rating- Instructor's rating entitles the holder to impart flying instructions on types of helicopters entered in the aircraft rating of his licence. The privileges and conditions for the issue of these ratings are laid down in Section Q and R of this schedule. (c) Instrument Rating- Instrument rating entitles the holder to fly under the Instrument Flight Rules. Conditions for issue of the rating are laid down in Section P of this schedule. ### 5. [ Extension of Aircraft Rating. [Substituted by Notification No. G.S.R. 1066(E) , dated 25.10.2018 (w.e.f. 23.3.1937).] - For extension of aircraft rating to include an additional type of helicopter, an applicant shall have passed a written examination in Aircraft and Engines as mentioned in clause (d) of paragraph 1 and shall have acquired, under appropriate supervision, experience in flying the aircraft of such type or on approved flight simulator in accordance with the syllabus prescribed by the Director- General followed by skill test as laid down by the Director-General.] [Inserted by Notification No. G.S.R. 399 (E) , dated 31.3.2016 (w.e.f. 23.3.1937).] ### 5A. [Proficiency Check. - (a) In order to act as a pilot-in-command or co-pilot on transport helicopters, the licence holder shall be required to undergo an appropriate proficiency check as specified by the Director-General, in respect of the type of helicopter to be flown. (b) The proficiency check carried out as per para (a) shall be valid for a period of six months from the date of the check and shall be renewed for a further period of six months at a time. (c) In the case of renewal, the period of validity shall commence from the date of expiry of the previous validity provided that the check has been carried out within two months preceding the date of expiry.] ### 6. Privileges - Subject to the validity of endorsements and ratings in the licence and compliance with the relevant provisions of Rule 39B, Rule 39C and Rule 42 of the Aircraft Rules, 1937, the privileges of the holder of a Commercial Pilot's Licence (Helicopters) shall be- (i) to exercise all the privileges of Private Pilot's Licence (Helicopters) ; (ii) to act as pilot-in-command of any helicopter engaged in operations other than commercial air transportation; (iii) to act as pilot-in-command in commercial air transportation in any helicopter certified for single-pilot operation; and (iv) to act as co-pilot in commercial air transportation in any helicopters required to be operated with a co-pilot. Provided that when passengers are to be carried at night he shall have carried out within a period of six months immediately preceding the date of intended flight not less than five take-offs and five landing patterns and one route check to the satisfaction of an Examiner by night as Pilot-in-Command of a helicopter: Provided further that for all flights under the Instrument Flight Rules as Pilot-in-Command or as Co-Pilot he shall be required to have current Instrument Rating: Provided further that he shall have undergone satisfactorily appropriate proficiency checks within the preceding six months of the intended flight carrying passengers, in respect of such types of helicopters entered in the aircraft rating of his licence and specified by the Director-General. [\* \* \*] [Omitted 'Provided also that on attainment of the age of sixty-five years, such privileges shall be restricted to that of Private Pilot's Licence (Helicopters) .' by Notification No. G.S.R. 399 (E), dated 31.3.2016 (w.e.f. 23.3.1937).] [SECTION L] [Substituted by Notification No. G.S.R. 165 (E) dated 12.3.2009 (w.e.f. 23.3.1937)] COMMERCIAL PILOT'S LICENCE (AEROPLANES) WITH INSTRUMENT RATING ### 1. Requirements for issue of Licence - An applicant for Commercial Pilot's Licence (Aeroplanes) with Instrument Rating shall satisfy the following requirements :- (a) Age - He shall be not less than Eighteen years of age on the date of application. (b) Educational Qualification - He shall have passed Class Ten plus Two or an equivalent examination with Physics and Mathematics, from a recognized Board/University. (c) Medical Fitness - He shall produce on a prescribed proforma a certificate of physical fitness from an approved Medical Board after undergoing a medical examination during which he shall have established his medical fitness on the basis of compliance with the requirements as notified by the Director - General under 39B. (d) Knowledge - He shall pass a written examination in Air Regulations, Air Navigation, Meteorology and Aircraft and Engines and Signals (practical) examination for interpretation of aural and visual signals, as per the syllabus prescribed by the Director-General: Provided that the holder of a current Commercial Pilot's Licence (Helicopters) shall be required to pass an examination in Aircraft and Engines and Instrument Rating only. (e) Experience - He shall produce evidence of having satisfactorily completed as a pilot of an aeroplane within a period of five years immediately preceding the date of application for licence not less than two hundred hours of flight time, which shall include - (i) not less than hundred hours of flight time as Pilot-in-Command out of which not less than thirty hours flight time as Student Pilot-in-Command which shall include not more than twenty hours of cross country flight time and not more than ten hours circuits-landings with minimum ten landings; (ii) not less than fifteen hours time as Pilot-in-Command flight time within a period of six months immediately preceding the date of application; (iii) not less than fifty hours cross-country flight time as Pilot-in-Command including a cross-country flight of not less than three hundred nautical miles in the course of which full stop landings at two different aerodromes shall be made; (iv) not less than fifty hours of instrument time of which not more than twenty hours may be on an approved simulator, out of which minimum of five hours of instrument time shall have been completed within a period of six months immediately preceding the date of application for the Instrument Rating; and (v) not less tha five hours time by night including a minimum of ten take offs and ten landings as Pilot-in-Command (as sole manipulator of controls) carried out within six months immediately preceding the date of application for licence: Provided that in case of an applicant who is in Possession of a Commercial Pilot's Licence (Helicopters) and who has satisfactorily completed not less than one thousand hours of flight time as Pilot-in-Command of a helicopter, the above experience requirement of two hundred hours as pilot of an airplane shall be reduced to hundred hours. Note - The student-pilot-in-command flight time shall not be logged by instructor in his own log book. Student log book shall indicate student pilot-incommand flight time in remarks column as SPIC with the name of the instructor. (f) Flying Training - He shall have completed the flying training in accordance with the syllabus prescribed by the Director-General. (g) Other Requirements - He shall be in possession of a current Flight Radio Telephone Operator's Licence for operation of radio telephone apparatus on board an aircraft Issued by the Director-General. (h) Skill - He shall have demonstrated his competency to perform the procedures and manoeuvres prescribed in the syllabus to the satisfaction of an examiner, on the type of aeroplane to which the application for licence relates, within a period of six months immediately preceding the date of application. The competency shall be demonstrated in - (i) general flying test by day; (ii) general flying test by night; (iii) a cross-country flight test by day consisting of a flight of not less than two hundred fifty nautical miles in the course of which at least one full stop landing at an aerodrome other than the aerodrome of departure shall be made; (iv) a cross-country flying test by night consisting of a flight of not less than one hundred twenty nautical miles returning to the place of departure without landing elsewhere; and (v) ability to fly an aeroplane is respect of which Instrument Rating is desired, solely with the aid of instruments by undergoing an instrument flying test within a period of six months immediately preceding the date of application for the rating. The flying test shall be carried out in accordance with the syllabus prescribed by the Director-General. The Director-General may, however, allow such tests or part thereof to be carried out on an approved simulator for the type of aircraft. ### 2. Validity - The period of validity shall commence from the date of issue or renewal of the licence. The licence shall be valid for a period specified in Rule 39C subject to compliance with renewal requirements as stipulated in para 3 hereinafter. ### 3. Renewal - The licence may be renewed on receipt of satisfactory evidence of the applicant.- (a) having undergone a medical examination in accordance with para 1(c) above (b) having satisfactorily completed not less than ten hours of flight time as Pilot-in-Command(Fifty percent of flight time as Co-Pilot may be counted towards the requirement of flight time as Pilot-in-Command) within a period of six months immediately preceding the date of application for renewal, or in lieu thereof, having satisfactorily completed the general flying test by day and night as laid down in clause (h) of paragraph 1 within the same period; and (c) having a current Flight Radio Telephone Operator's Licence for operation of radio telephone apparatus on board an aircraft, issued by the Director-General. ### 4. Rating - (a) The licence shall indicate the types of aeroplane the holder is entitled to fly. (b) Open Rating - An open rating for all single piston engine type of aeroplanes having an all-up-weight not exceeding one thousand five hundered Kgs. may also be granted if he has completed not less than one thousand hours of flight time on such types of aeroplanes including not less than five hundred hours as Pilot-in-Command and has at least four different types of aircraft entered in the aircraft rating of his licence: Provided that the privileges of the open rating shall be exercised only after having undergone a ground and flight familiarization with a flight Instructor or an approved Examiner and a certificate to this effect shall be recorded by the Examiner in the pilot's log book, before the pilot is released to exercise the privileges of open rating on that type of aircraft. (c) Instructor's Rating - Instructor's Rating entitles the holder to impart flying instructions. The privileges and conditions for the issue of these ratings are laid down in Sections Q & R. (d) [ Instrument Rating - No separate Instrument Rating is provided in the licence. The privileges of instrument rating are included in the privileges of this licence provided that the instrument rating flying tests have been carried out as per the conditions laid down by the Director-General. Conditions for validity and renewal of instrument rating shall be as are laid down in Section O of this Schedule.] [Substituted by Notification No. G.S.R. 399 (E) , dated 31.3.2016 (w.e.f. 23.3.1937).] ### 5. [ Extension of Aircraft Rating. [Substituted by Notification No. G.S.R. 1066(E) , dated 25.10.2018 (w.e.f. 23.3.1937).] - For extension of aircraft rating to include an additional type of aeroplane, an applicant shall have passed a written examination in Aircraft and Engines as mentioned in clause (d) of paragraph 1 and shall have acquired, under appropriate supervision, experience in flying the aircraft of such type or on approved flight simulator in accordance with the syllabus prescribed by the Director- General followed by skill test as laid down by the Director-General.] [Inserted by Notification No. G.S.R. 399 (E) , dated 31.3.2016 (w.e.f. 23.3.1937).] ### 5A. [ Proficiency Check. - (a) In order to act as a co-pilot of transport aeroplanes having an all-up weight exceeding five thousand seven hundred kilograms, the licence-holder shall be required to undergo an appropriate proficiency check as specified by the Director-General, in respect of the type of aircraft to be flown. (b) The proficiency check carried out as per para (a) shall be valid for a period of six months from the date of the check and shall be renewed for a further period of six months at a time. (c) In the case of renewal, the period of validity shall commence from the date of expiry of the previous validity provided that the check has been carried out within two months preceding the date of expiry.] ### 6. Privileges -Subject to the validity of endorsements and ratings in the licence and compliance with the relevant provisions of Rule 39B, Rule 39C and Rule 42 of the Aircraft Rules, 1937, the privileges of the holder of a Commercial Pilot's Licence (Aeroplanes) shall be :- (a) to exercise all the privileges of Private Pilot's Licence (Aeroplanes) ; (b) to act as Pilot-in-Command of any aeroplane having an all-upweight not exceeding five thousand seven hundred Kgs. And which is entered in the aircraft rating of his licence provided that when passengers are to be carried at night, he shall have carried out within a period of six months immediately preceding the date of the intended flight not less than ten take-offs and ten landings by night as Pilot-in-Command: (c) to act as Co-Pilot of any aeroplane where a Co-pilot is required to be carried and which is entered in the aircraft rating of his licence: Provided that for all flights under the Instrument Flight Rules, either as Pilot-in-Command or as Co-pilot, he shall have demonstrated his company in accordance with para 1(h) (v) [\* \* \*] [Omitted 'Provided further that for all flights as Co-Pilot of transport aeroplanes having an all-up-weight exceeding five thousand seven hundred Kgs. He shall have carried out within the preceding six months of the intended flight, appropriate proficiency checks in respect of that type of aircraft as required by the Director General.' by Notification No. G.S.R. 399 (E) , dated 31.3.2016 (w.e.f. 23.3.1937).] SECTION M AIRLINE TRANSPORT PILOT'S LICENCE (AEROPLANES) ### 1. Requirements for issue of Licence- An applicant for an Airline Transport Pilot's Licence shall satisfy the following requirements :- (a) Age- He shall be not less than twentyone years of age on the date of application; (b) Educational Qualification- He shall have passed class ten plus two with Physics and mathematics or its equivalent examination from a recognised Board/University. (c) Medical Fitness- He shall produce on a prescribed proforma a certificate of physical fitness from an approved Medical Board after undergoing a medical examination, during which he shall have established his medical fitness on the basis of compliance with the requirements as notified by the Director-General under Rule 39B; (d) Knowledge- He shall pass a written and oral examination in Air Regulations, Air Navigation, Avionics (Radio Aids and Instruments), Aviation Meteorology and Aircraft and Engines, and Signals (Practical) examination for interpretation of aural and visual signals as per the syllabus prescribed by the Director-General. Note: - Holder of a current Commercial Pilot's Licence, shall not be required to pass the examination in Air Regulations and that of Senior Commercial Pilot's Licence shall not be required to pass any of the examinations. (e) Experience- He shall produce evidence of having satisfactorily completed as a Pilot of an aeroplane not less than one thousand five hundred hours of flight time of which not less than one hundred fifty hours flight time shall be in the preceding twelve months and his total flying experience shall include- (i) not less than five hundred hours of flight time as Pilot-in-Command or as Co-Pilot performing, under the supervision of a pilot who fulfills the flying experience requirements of a check pilot, the duties and functions of a pilot-in-command provided that at least two hundred hours out of these shall be cross-country flight time, including not less than fifty hours of flight time by night. Note- Where an aeroplane is required to be operated with a co-pilot in accordance with the provisions of the Flight Manual of the aeroplane, not more than fifty percent of the co-pilot flight time shall be credited towards the total flight time required for the issue of the licence, but not more than fifty percent of the co-pilot flight time under supervision shall be credited towards pilot-in-command flight experience required for issue of the licence, and full credit for such flight time shall be given towards total flight time required for issue of the licence. (ii) not less than one thousand hours of total cross-country flight time; (iii) not less than one hundred hours of flight time by night; (iv) not less than one hundred hours of instrument time under actual or simulated instrument conditions of which not less than fifty hours shall be in actual flight; (v) not less than ten hours of flight time completed within a period of six months immediately preceding the date of application for the licence. (f) Other Requirements- (i) He shall be the holder of a Commercial or a Senior Commercial Pilot's Licence. However, this will not be applicable for the issue of Airline Transport Pilot's Licence to a pilot from Armed Forces who otherwise meets the requirements; (ii) He shall have a current Instrument Rating; (iii) He shall be in possession of a current Flight Radio Telephone Operator's Licence for operation of radio telephone apparatus on board an aircraft issued by the Director-General. (g) Skill- He shall have demonstrated his competency to perform by day and by night the procedures and manoeuvres prescribed in the syllabus to the satisfaction of the Examiner, on the type of multi-engine aeroplane to which the application for licence relates within a period of six months immediately preceding the date of application.[The Director General may, however, allow skill tests or part thereof to be carried out on aircraft/ approved Zero flight Time Training simulator level 'D' for the type of aircraft.] [Inserted by Notification No. G.S.R. 68 (E) dated 2.2.2009 (w.e.f. 23.3.1937)] Note :- The holder of a current Commercial Pilot's Licence (Aeroplanes) /Senior Commercial Pilot's Licence (Aeroplanes) issued by the Director-General shall not be required to undergo general flying tests for the issue of Airline Transport Pilot's Licence (Aeroplanes) provided that the licence is issued on the type or types of multi-engine aeroplane or aeroplanes, as the case may be, included in the aircraft rating of Commercial Pilot's Licence (Aeroplanes) or Senior Commercial Pilot's Licence (Aeroplanes) and the pilot possesses ten hours of flying experience as Pilot-in-Command or twenty hours as Co-pilot at least on one such multi-engine type within the preceding six months. ### 2. [ Validity - The licence shall be valid for a period as specified in rule 39C.] [Substituted by Notification No. G.S.R. 11 (E) dated 10.1.2011 (w.e.f. 23.3.1937)] ### 3. Renewal- The Licence may be renewed on receipt of satisfactory evidence of the applicant - (a) having undergone a medical examination in accordance with para 1(c). (b) having satisfactorily completed not less than ten hours flight time as Pilot-in-Command (fifty percent of flight time as Co-Pilot may be counted towards the requirements of flight time as Pilot-in-Command) within a period of six months immediately preceding the date of application for renewal, or in lieu thereof ; having satisfactorily completed the flying tests by day and by night as laid down in clause (g) of paragraph 1 within the same period. (c) having a current flight Radio Telephone Operator's Licence, for operation of radio telephone apparatus on board an aircraft, issued by the Director-General. (d) having satisfactorily completed Instrument Rating Flight Test on a multiengine aeroplane entered in the Licence within the preceding twelve months of the date of intended flight.] [Note:- Applicants holding Airline Transport Pilot Licence (Aeroplanes) , having only single engine aeroplane or aeroplanes entered in the aircraft typerating on the licence, shall be able to renew their licence till 31st December, 2001 only on the basis of satisfactory Instrument Rating Flight Test on single engine aeroplane or aeroplanes entered in the Licence.] ### 4. Ratings- (a) Aircraft Rating- The licence shall indicate the class and the types of aeroplanes the holder is entitled to fly. An open rating for all types of aeroplanes having all-up-weight not exceeding five thousand seven hundred Kgs. may also be granted if he has completed not less than one thousand hours of flight time as a Pilot-in-Command on any aeroplane having an all-up-weight of fourteen thousand Kgs. or above. (b) Instructor's Rating - Instructor's Rating entitles the holder to impart flying instructions. The privileges and conditions for the issue of these ratings are laid down in Sections Q and R; (c) [ Instrument Rating. - No separate Instrument Rating is provided in the licence. The privileges of instrument rating are included in the privileges of the licence providedthat the instrument rating flying tests have been carried out as per the conditions laid down by the Director-General.Conditions for validity and renewal of instrument rating shall be as are laid down in Section O of this Schedule.] [Substituted by Notification No. G.S.R. 399 (E) , dated 31.3.2016 (w.e.f. 23.3.1937).] ### 5. [ Extension of Aircraft Rating - For extension of aircraft rating to include an additional type of aeroplane, an applicant shall have passed a written examination in Aircraft and Engines as mentioned in clause (d) of paragraph 1 and shall have acquired, under appropriate supervision, experience in flying the aircraft of such type or on approved flight simulator in accordance with the syllabus prescribed by the Director- General followed by skill test as laid down by the Director-General.] [Substituted by Notification No. G.S.R. 1066(E), dated 25.10.2018 (w.e.f. 23.3.1937).] ### 5A. [Proficiency Check. - (a) In order to act as a pilot-in-command or co-pilot of transport aeroplanes having an all-up weight exceeding five thousand seven hundred kilograms, the licence holder shall be required to undergo an appropriate proficiency check as specified by the Director-General, in respect of the type of aircraft to be flown. (b) The proficiency check carried out as per para (a) shall be valid for a period of six months from the date of the check and shall be renewed for a further period of six months at a time. (c) In the case of renewal, the period of validity shall commence from the date of expiry of the previous validity provided that the check has been carried out within two months preceding the date of expiry.] ### 6. [ Privileges. [Substituted by Notification No. G.S.R. 985(E) , dated 28.7.2017 (w.e.f. 23.3.1937).] - Subject to the validity of endorsements and ratings in the licence and compliance with the relevant provisions of Rules 39B, 39C and 42 of these rules, the privileges of the holder of an Airline Transport Pilot's Licence shall be- (a) to exercise the privileges of a Commercial Pilot's Licence and a Private Pilot's Licence; (b) to act as Pilot-in-Command of an aeroplane having an all-up weight exceeding 5700 Kgs., which is entered in the aircraft rating of his licence, subject to his prior compliance with the following conditions:- (i) he shall have completed on that type of aeroplane not less than one hundred hours of flight time as a Co-pilot, followed by ten consecutive satisfactory route checks, of which not less than five shall be by night, under the supervision of a Check Pilot performing the duties and responsibilities of a Pilot-in-Command, and demonstrated his competency to fly as a Pilot-in-Command to the satisfaction of the Director-General: Provided that in case of a pilot having previous experience of at least 100 hours as Pilot-in-Command of transport aeroplanes having all-up weight exceeding 5700 Kgs., the required number of route checks may be reduced to six out of which at least three shall be by night. (ii) he shall have undergone satisfactorily within the preceding six months of the intended flight, appropriate proficiency checks in respect of that type of aircraft as required by the Director-General. (iii) he shall be in possession of a current Instrument Rating before operating any IFR flight: Provided that on the attainment of the age of sixty-five years, such privileges shall be restricted to that of a Private Pilot's Licence (Aeroplanes) in accordance with Section E.] [Inserted by Notification No. G.S.R. 399 (E) , dated 31.3.2016 (w.e.f. 23.3.1937).] [Inserted by Notification No. G.S.R. 399 (E) , dated 31.3.2016 (w.e.f. 23.3.1937).] | | | --- | | 6.Privileges.- Subject to the validity of endorsements and ratings in the licence and compliance with the relevant provisions of Rules 39B, 39C and 42 of the Aircraft Rules, 1937, the privileges of the holder of an Airline Transport Pilot's Licence shall be :- (a) to exercise the privileges of a private, a Commercial and a Senior Commercial Pilot's Licence; (b) to act as Pilot-in-Command or as Co-Pilot of any aeroplane where a Co-Pilot is required to be carried and which is entered in the aircraft rating of his licence : Provided that he shall not act as Pilot-in-Command of an aeroplane having a all-up-weight exceeding five thousand seven hundred Kgs. unless he has completed on that type of aeroplane not less than one hundred hours of flight time as a Co-Pilot, followed by ten consecutive satisfactory route checks of which not less than five shall be by night under the supervision of a Check Pilot, performing the duties and functions of a Pilot-in-command and has demonstrated his competency to fly as a Pilot-in-Command to the satisfaction of the Director-General. [\* \* \*] [Omitted 'Provided further that for all flights as Pilot-in-Command or as Co-Pilot on transport aeroplanes having an all-up-weight exceeding five thousand seven hundred Kgs., he shall have undergone satisfactorily within the preceding six months of the intended flight, appropriate proficiency checks in respect of that type of aircraft as required by the Director-General.' by Notification No. G.S.R. 399 (E) , dated 31.3.2016 (w.e.f. 23.3.1937).] [Provided also that for all IFR flights as Pilot-in-Command or as Co-pilot, he shall be required to have current Instrument Rating.] | Section N Airline Transport Pilot's Licence (Helicopters) ### 1. Requirements for Issue of Licence - An applicant for an Airline Transport Pilot's Licence (Helicopters) shall satisfy the following requirements - (a) Age- He shall be not less than twenty-one years of age on the date of application. (b) Educational Qualification- He shall have passed class ten plus two with Physics and Mathematics or its equivalent examination from a recognised Board/University; (c) Medical Fitness- He shall produce on a prescribed proforma a certificate of physical fitness from an approved Medical Board after undergoing a medical examination, during which he shall have established his medical fitness on the basis of compliance with the requirements as notified by the Director-General under Rule 39B; (d) Knowledge- He shall pass written and oral examination in Air Regulations, Air Navigation, Avionics (Radio Aids and Instruments), Aviation Meteorology and Aircraft and Engines, and Signals (Practical) examination for interpretation of aural and visual signals, as per the syllabus prescribed by the Director-General. Note - Holder of a valid Commercial Pilot's Licence (Aeroplanes/Helicopters) and SCPL/ALTP (Aeroplanes) shall not be required to pass the examination in Air Regulations. The holders of commercial Pilot's Licences (Aeroplanes) shall, however, be required to pass the examination in Aircraft and Engines on helicopters. (e) Experience- He shall produce evidence of having satisfactorily completed as pilot of a helicopter not less than one thousand hours of flight time of which not less than one hundred hours shall be in the preceding twelve months and his total flying experience shall include not less than - (i) two hundred fifty hours of flight time as Pilot-in-Command or fifty hours as Pilot-in-Command and four hundred hours as Co-Pilot performing the duties and functions of a Pilot-in-Command under the supervision of a Pilot who satisfies the flying experience requirements for Check Pilot; (ii) two hundred hours of cross-country flight time of which not less than one hundred fifty hours shall be as Pilot-in-Command or as Co-Pilot performing the duties and functions of a Pilot-in-Command under the supervision of a Pilot who satisfies the flying experience requirements for Check Pilot, including not less than twenty hours by night; (iii) fifty hours of flight time by night; (iv) forty hours of instrument time under actual or simulated conditions, of which not more than ten hours may be Instrument Ground Time. (v) ten hours of flight time completed within a period of six months immediately preceding the date of application for the licence. Note:- Where a helicopter is required to be operated with a copilot in accordance with provisions of the Flight Manual of the helicopter, not more than fifty percent of the co-pilot flight time shall be credited towards the total flight time required for the issue of the licence, but not more than fifty percent of the co-pilot flight time under supervision shall be credited towards pilot-in-command flight experience required for issue of the licence, and full credit for such flight time shall be given towards total flight time required for issue of the licence. (f) Other Requirements- (i) He shall be a holder of a Commercial Pilot's Licence (helicopter). However, this may not be applicable for the issue of an Airline Transport Pilot's Licence (Helicopter) to a qualified pilot from the Indian Armed Forces who otherwise meets the requirements. (ii) He shall have a current Instrument Rating. (iii) He shall be in possession of a current Flight Radio Telephone Operator's Licence for operation of radio telephone apparatus on board an aircraft issued by the Director-General. (g) Skill- He shall have demonstrated his competency to perform by day and by night the procedures and manoeuvres prescribed in the syllabus to the satisfaction of the Examiner on the type of multi-engine helicopter to which the application for licence relates, within a period of six months immediately preceding the date of the application. Note:- The holder of a valid Commercial Pilot's Licence (Helicopters) issued by the Director-General shall not be required to undergo the general flight tests for the grant of Airline Transport Pilot's Licence (Helicopters) provided that the licence is issued on the type or types of multi-engine helicopter or helicopters, as the case may be, included in the aircraft rating of Commercial Pilot's Licence (Helicopters) and the pilot possesses recent flying experience of at least five hours as Pilot-in-Command or ten hours as Co-pilot on one such multi-engine type. ### 2. [ Validity - The licence shall be valid for a period as specified in rule 39C.] [Substituted by Notification No. G.S.R. 11 (E) dated 10.1.2011 (w.e.f. 23.3.1937)] ### 3. Renewal - The licence may be renewed on receipt of satisfactory evidence of the applicant - (a) having undergone a medical examination in accordance with para 1(c). (b) having satisfactorily completed not less than ten hours of flight time as Pilot-in-Command (fifty percent of flight time as a Co-Pilot may be counted towards the requirement of flight time as Pilot-in-Command ) within a period of six months immediately preceding the date of application for renewal, or in lieu thereof having satisfactorily completed the skill tests by day and by night as laid down in clause (g) of paragraph 1 within the same period. (c) having a current Flight Radio Telephone Operator's Licence for operation of radio telephone apparatus on board an aircraft issued by the Director-General. (d) having satisfactorily completed Instrument Rating Flight Test on a multiengine helicopter entered in the licence within the preceding twelve months of the date of intended flight. Note:-Applicants holding Airline Transport Pilot's Licence (Helicopters) , having only single engine helicopter entered in the aircraft rating on the licence, shall be able to renew their licences till 31st December, 2001 on the basis of satisfactory Instrument Rating Flight Test on single engine helicopter type entered in the licence.] ### 4. Ratings- (a) Aircraft Rating- The licence shall indicate the class and the types of helicopters the holder is entitled to fly. An open rating for all types of helicopters having an all-up-weight not exceeding one thousand five hundred Kgs. may also be granted if he has completed not less than one thousand hours of flight time including not less than five hundred hours as Pilot-in-Command on helicopters: Provided that the privileges of the open rating shall be exercised only after having undergone a ground and flight familiarisation with a Flight Instructor or an approved Examiner, and a certificate to this effect is recorded by the Instructor/Examiner in the Pilot's Log Book, before he is released to exercise the privileges of open rating on that type of helicopter. (b) Instructor's Rating- Instructor's rating entitles the holder to impart flying instructions. The privileges and conditions for the issue of these ratings are laid down in Section Q and R. (c) Instrument Rating - Instrument rating entitles the holder to fly under the Instrument Flight Rules. Conditions for issue of the rating are laid down in Section P. ### 5. [ Extension of Aircraft Rating - For extension of aircraft rating to include an additional type of helicopter, an applicant shall have passed a written examination in Aircraft and Engines as mentioned in clause (d) of paragraph 1 and shall have acquired, under appropriate supervision, experience in flying the aircraft of such type or on approved flight simulator in accordance with the syllabus prescribed by the Director- General followed by skill test as laid down by the Director-General.] [Substituted by Notification No. G.S.R. 1066(E), dated 25.10.2018 (w.e.f. 23.3.1937).] ### 5A. [Proficiency Check. - (a) In order to act as a pilot-in-command or co-pilot on transport helicopters, the licence holder shall be required to undergo an appropriate proficiency check as specified by the Director-General, in respect of the type of helicopter to be flown. (b) The proficiency check carried out as per para (a) shall be valid for a period of six months from the date of the check and shall be renewed for a further period of six months at a time. (c) In the case of renewal, the period of validity shall commence from the date of expiry of the previous validity provided that the check has been carried out within two months preceding the date of expiry.] ### 6. Privileges-Subject to the validity of endorsements and ratings in the licence and compliance with the relevant provisions of Rule 39B, Rule 39C and Rule 42 of the Aircraft Rules, 1937, the privileges of the holder of an Airline Transport Pilot's Licence (Helicopters) shall be :- (a) to exercise the privileges of a Private and Commercial Pilot's Licence (Helicopters) ; (b) to act as Pilot-in-Command or as a Co-Pilot of any helicopter where a Co-Pilot is required to be carried and which is entered in the aircraft rating of his licence: Provided that he shall not act as Pilot-in-Command of a helicopter having an all-up-weight exceeding five thousand seven hundred Kgs. unless he has completed on that type of helicopter not less than one hundred hours of flight time as a Co-Pilot followed by ten consecutive satisfactory route checks including not less than five by night under the supervision of a Check Pilot, performing the duties and functions of a Pilot-in-Command and has demonstrated his competency to fly as Pilot-in-Command to the satisfaction of the Director-General : [\* \* \*] [Omitted 'Provided further that for all flights as Pilot-in-Command or as Co-Pilot on transport helicopters, he shall have carried out within the preceding six months of the intended flight appropriate proficiency checks in respect of that type of helicopter as required by the Director-General.' by Notification No. G.S.R. 399 (E) , dated 31.3.2016 (w.e.f. 23.3.1937).] Provided also that for all flights under the instrument flight rules (specified in Schedule IV to the Aircraft Rules, 1937) as pilot-in-command or as co-pilot he shall be required to have current Instrument Rating. [Provided also that on attainment of the age of sixty-five years, such privileges shall be restricted to that of Private Pilot's Licence (Helicopters) .] [Inserted by Notification No. G.S.R. 11 (E) dated 10.1.2011 (w.e.f. 23.3.1937)] SECTION O INSTRUMENT RATING (AEROPLANES) ### 1. Requirements for Issue of Rating- An applicant for an Instrument Rating shall satisfy the following requirements: - (a) [ Knowledge- He shall pass a written and oral examination in Air Regulations, Air Navigation, Aviation Meteorology and Instrument Rating as per syllabus prescribed by the Director-General for issue of Commercial Pilot's Licence. He shall also pass a practical test on interpretation of aural and visual signals as per the syllabus prescribed by the Director-General.] [Substituted by Notification No. G.S.R. 165 (E) dated 12.3.2009 (w.e.f. 23.3.1937)] (b) Experience- He shall produce evidence of having satisfactorily completed as a pilot of an aeroplane- (i) not less than 6 [one hundred hours] [Substituted for the words "one hundred fifty hours" by Notification No. G.S.R. 676(E) dated 17.11.2005 (w.e.f. 23.3.1937)] of flight time as a Pilot-in-Command including not less than fifty hours of cross-country flight time; (ii) not less than forty hours of instrument time of which not more than twenty hours shall be instrument ground time. A minimum of five hours of instrument time shall have been completed within a period of six months immediately preceding the date of application for the Instrument Rating : Provided that in the case a pilot who holds a current Instrument Rating (Helicopters) , he shall have not less than one hundred hours of flight time as Pilot-in-Command of an aeroplane including not less than twentyfive hours of cross-country flight time and not less than twenty hours of instrument time of which not more than ten hours may be on an approved simulator. (c) Other Requirements - He shall be : (i) holder of a current Pilot's Licence (Aeroplanes); (ii) holder of a current Flight Radio Telephone Operator's Licence for operation of radio telephone apparatus on board an aircraft issued by the Director-General. (d) Flying Training- He shall have completed the flying training in accordance with the syllabus as prescribed by the Director-General. (e) Skill- He shall have demonstrated to the satisfaction of the Examiner his competency to fly an aeroplane in respect of which Instrument Rating is desired, solely with the aid of instruments by undergoing an instrument flying test within a period of six months immediately preceding the date of application for the rating. The flying test shall be carried out in accordance with the syllabus as prescribed by the Director-General. The Director-General may, however, allow such tests or part thereof to be carried out on an approved simulator for the type of aircraft. ### 2. [ Validity - (a) The rating shall be valid for a period of twelve months from the date of the instrument rating flying test. (b) It shall be renewed for a further period of twelve months at a time from the date of expiry provided that the instrument rating flying test has been carried out within two months preceding the date of expiry and all other requirements for renewal are met. (c) In other cases, the validity of renewal of the rating shall commence from the date of the test.] ### 3. Renewal- The Instrument Rating may be renewed on receipt of satisfactory evidence of the applicant : (a) having satisfactorily completed the Instrument Rating Flight Test as laid down in para 1(e). (b) having a valid Flight Radio Telephone Operator's Licence issued by the Director-General for operation of radio telephone apparatus on board an aircraft. ### 4. Extension of Instrument Rating- For extension of Instrument Rating to include an additional type of aeroplane, an applicant shall be required to produce evidence of having satisfactorily completed the flight test in accordance with para 1(e) in respect of the type of aeroplane for which the extension of Instrument Rating is desired. The flight test shall have been completed within a period of six months immediately preceding the date of application for the extension of Instrument Rating. ### 5. Privileges- Subject to the validity of the Instrument Rating, the privileges of the holder thereof shall be to fly under the Instrument Flight Rules, the types of aeroplanes on which he has demonstrated his competency in accordance with para 1(e) : Provided that a pilot, who has demonstrated his competency by undergoing an Instrument Rating Flight test on a single-engine aeroplane not exceeding an all-up-weight of five thousand seven hundred Kgs., shall exercise the privileges of his Instrument Rating on all single engine aeroplanes within the aforesaid weight category : Provided further that a pilot, who has demonstrated his competency by undergoing an Instrument Rating Flight test on a Multi-engine aeroplane not exceeding an all-up-weight of five thousand seven hundred Kgs., shall exercise the privileges of his Instrument Rating on all multi-engine aeroplanes within the aforesaid weight category. Notwithstanding anything said here-in-before, the holder of an Instrument Rating on any transport aeroplane, shall exercise his privileges only on the type of aeroplane on which the Instrument Rating Flight test has been satisfactorily carried out; Provided further that the holder of an Instrument Rating on aeroplanes having an all-up-weight exceeding five thousand seven hundred Kgs. shall exercise the privileges of his Instrument Rating only on the type of aeroplane on which the Instrument Rating Flight test has been satisfactorily carried out. Provided also that, notwithstanding anything said herein before, the holder of an Instrument Rating on any multi-engine aeroplane may exercise the privileges of Instrument Rating on any single engine aeroplane entered in the aircraft rating of his licence.] SECTION P INSTRUMENT RATING (HELICOPTERS) ### 1. Requirements for issue of Rating- An applicant for an Instrument Rating (Helicopters) shall satisfy the following requirements :- (a) Knowledge- He shall pass a written and oral examination in Air Regulations, Air Navigation and Aviation Meteorology as per the syllabus prescribed for the issue of a Commercial Pilot's Licence (Helicopters) . He shall also pass signals (Practical) examination for interpretation of aural and visual signals for the issue of this rating as per the prescribed syllabus. (b) Experience- He shall produce evidence of having satisfactorily completed as a pilot of a helicopter not less than one hundred fifty hours of flight time which shall include not less than - (i) one hundred hours of flight time as Pilot-in-Command or fifty hours of flight time as Pilot-in-Command and one hundred hours as Co-Pilot performing the duties and functions of a Pilot-in-Command under the supervision of a Pilot who satisfies the flying experience requirements of a Check Pilot. (ii) fifty hours of cross-county flight time as Pilot-in-Command of a helicopter or fifteen hours as Pilot-in-Command and seventy hours as Co-Pilot performing the duties and functions of a Pilot-in-Command under the supervision of a Pilot who satisfies the flying experience requirements of a Check Pilot. (iii) forty hours of Instrument time in helicopters of which not more than twenty hours shall be instrument ground time. A minimum of five hours of instrument time shall have been completed on helicopters within a period of six months immediately preceding the date of application: Provided that in the case of a Pilot who holds a current Instrument Rating(Aeroplanes) , he shall have not less than fifty hours of flight time as Pilot-in-Command of helicopter including not less than twenty hours of cross-country flight time and not less than twenty hours of instrument flight time of which not more than ten hours may be instrument ground time. (c) Other Requirements- He shall be: (i) holder of a current Pilot's Licence (Helicopters). (ii) holder of a current Flight Radio Telephone Operator's Licence for operation of radio telephone apparatus on board an aircraft issued by the Director-General. (d) Flying Training- He shall have completed the flying training in accordance with the syllabus as prescribed by the Director-General. (e) Skill- He shall have demonstrated his competency to fly a helicopter in respect of which Instrument Rating is desired, solely with the aid of instruments by undergoing two instrument flight tests to the satisfaction of two different Examiners within a period of six months immediately preceding the date of application for the rating. The flight test shall be carried out in accordance with the syllabus as prescribed by the Director-General. The Director-General may, however, allow such tests or part thereof to be carried out on an approved simulator for the type of aircraft. ### 2. [ Validity - (a) The instrument rating shall be valid for a period of twelve months from the date of the instrument rating flying test. (b) It shall be renewed for a further period of twelve months at a time from the date of expiry provided that the instrument rating flying test has been carried out within two months preceding the date of expiry and all other requirements for renewal are met. (c) In other cases, the validity of renewal of the rating shall commence from the date of the test.] ### 3. Renewal- The Instrument Rating may be renewed on receipt of satisfactory evidence of the applicant :- (a) having satisfactorily completed the Instrument Rating Flight Test as laid down in para 1(e). Provided that only one skill test carried out to the satisfaction of one Examiner shall be sufficient. (b) having a current Flight Radio Telephone Operator's Licence issued by the Director-General for operation of radio telephone apparatus on board an aircraft. ### 4. Extension of Instrument Rating- For extension of Instrument Rating to include an additional type of helicopter, an applicant shall be required to produce evidence of having satisfactorily completed the flight tests in accordance with para 1(e) in respect of the type of helicopter for which the extension of Instrument Rating is desired. The flight test shall have been completed within a period of six months immediately preceding the date of application for the extension of Instrument Rating. ### 5. Privileges - Subject to the validity of the Instrument Rating, the privileges of the holder shall be to fly under the Instrument Flight Rules, the types of helicopters on which he has demonstrated his competency in accordance with para 1(e) . SECTION Q ASSISTANT FLIGHT INSTRUCTOR'S RATING (AEROPLANES/HELICOPTERS) ### 1. Requirements for issue of Rating- An applicant for an Assistant Flight Instructor's Rating shall satisfy the following requirements :- (a) Age- He shall be not less than eighteen years of age on the date of application. (b) Knowledge- He shall pass a written or oral examination in the following subjects in accordance with the prescribed syllabus :- (i) Mechanics of flight; (ii) Methods and techniques of flying instructions; (iii) Flight instruments. (c) Experience- He shall produce evidence of having satisfactorily completed as pilot of an aeroplane within a period of five years immediately preceding the date of application for this rating :- (i) not less than two hundred hours of flight time as a Pilot-in-Command of an aeroplane of which not less than fifty hours shall have been completed within a period of eighteen months immediately preceding the date of application; and in the case of helicopters, not less than one hundred hours flight time as a Pilot-in-Command of a helicopter, of which not less than fifty hours shall have been completed within a period of eighteen months immediately preceding the date of application; and (ii) not less than ten hours of flying training as an Instructor as per the syllabus prescribed by the Director-General under an approved Flight Instructor/Examiner. (d) Other Requirements- He shall be the holder of an appropriate current professional pilot's licence. (e) Skill- He shall have demonstrated to the satisfaction of the Examiner his competency as an Assistant Flight Instructor by performing the procedures and manoeuvres prescribed in the syllabus within a period of six months immediately preceding the date of application. ### 2. [ Validity - (a) The rating shall be valid for a period of twelve months from the date of issue of the rating. (b) In the case of renewal, the period of validity of the rating shall be for a period months which shall commence from the date following the date of expiry of the previous validity subject to the condition that the application for renewal has been submitted within one month preceding the date of expiry and all other requirements for renewal are met on the date of application. (c) In cases other than those referred to in clause (b), the validity of renewal of the rating shall commence from the date of renewal of the rating.] ### 3. Renewal - The Assistant Flight Instructor's Rating may be renewed on receipt of satisfactory evidence of the applicant- (a) having satisfactorily completed not less than twenty hours of flight time as an Assistant Flight Instructor and also satisfactorily completed the competency checks within a period of twelve months immediately preceding the date of application for renewal; or (b) having satisfactorily completed oral or written examination in relevant aviation subjects as laid down in para 1 (b) and the flying tests as laid down in para 1(e) within a period of six months immediately preceding the date of application for renewal. ### 4. Privileges- Subject to the validity of endorsements and rating in his pilot's licence of which this Assistant Flight Instructor's Rating forms a part, the privileges of the holder of an Assistant flight Instructor's Rating shall be to impart instructions during flight by day only and under the authority and supervision of a Flight Instructor, on all types of aeroplanes/helicopters having all-up-weight not exceeding one thousand five hundred Kgs., and which are entered in the Aircraft Rating of his licence : Provided that he shall not authorise any Student Pilot to undertake his first solo flight and shall not impart instructions in aerobatics and night flying. SECTION R FLIGHT INSTRUCTOR'S RATING (AEROPLANES/HELICOPTERS) ### 1. Requirements for issue of rating- An applicant for a Flight Instructor's Rating shall satisfy the following requirements- (a) Age- He shall be not less than twenty years of age on the date of application. (b) Knowledge- He shall pass a written or oral examination in the following subjects in accordance with the prescribed syllabus- (i) Mechanics of flight; (ii) Methods and techniques of flying instructions; (iii) Flight instruments. (c) Experience- He shall produce evidence of having satisfactorily completed as pilot of an aeroplane or a helicopter, as the case may be, within a period of five years immediately preceding the date of application for this rating : (i) (a) twenty hours by night during which at least twenty take-offs and twenty landings have been carried out; (b) three hundred hours of flight time on aeroplanes or one hundred fifty hours on helicopters, as the case may be, satisfactorily completed in the capacity of an Assistant Flight Instructor or Qualified Flight Instructor in the service of Defence Forces. (ii) an approved Flight Instructor's course : Provided that in case of a pilot from Defence Forces who has successfully completed the Qualified Flight Instructor's course and also satisfies requirements as laid down in para 1(c) and 1(d) may be considered for the issue of Flight Instructor's Rating if he has not less than twenty hours of flight time as Flight Instructor within a period of twelve months immediately preceding the date of application. (d) Other Requirements - He shall be- (i) the holder of a current Commercial Pilot's Licence (Aeroplanes/Helocopters)/Senior Commercial Pilot's Licence, Airline Transport Pilot's Licence (Aeroplanes/Helicopters); (ii) the holder of a current Instrument Rating. Note : In the absence of a current Instrument Rating, an applicant will not be permitted to impart instruction in Instrument Flying. (e) Skill - He shall have demonstrated his competency as a Flight Instructor by performing procedures and manoeuvres prescribed in the syllabus by day and by night to the satisfaction of an approved Examiner within a period of six months immediately preceding the date of application. ### 2. [ Validity - (a) The rating shall be valid for a period of twelve months from the date of issue of the rating. (b) In the case of renewal, the period of validity of the rating shall be for a period months which shall commence from the date following the date of expiry of the previous validity subject to the condition that the application for renewal has been submitted within one month preceding the date of expiry and all other requirements for renewal are met on the date of application. (c) In cases other than those referred to in clause (b), the validity of renewal of the rating shall commence from the date of renewal of the rating.] ### 3. Renewal- The Flight Instructor's Rating may be renewed on receipt of satisfactory evidence of the applicant having satisfactorily completed not less than twenty hours of flight time as well as the competency checks as a Flight Instructor within a period of twelve months immediately preceding the date of application for renewal; or in lieu thereof satisfactorily completed oral or written examination in relevant aviation subjects as laid down in para 1(b) and the flying tests as laid down in para 1(e) within the same period together with having successfully completed a Flight Instructor's refresher course approved by the Director-General, ### 4. Aircraft Rating- The rating shall indicate the class and the types of aeroplanes/helicopters as the case may be on which the holder is entitled to impart instructions. ### 5. Extension of aircraft rating- For extension of aircraft rating to include additional types of aeroplanes/helicopters, as the case may be, having an all-up-weight exceeding five thousand seven hundred Kgs., the applicant shall be required to produce evidence of - (a) having obtained appropriate aircraft rating for that type on his professional pilot's licence; (b) having satisfactorily completed not less than five hundred hours of flight time as Pilot-in-Command on aeroplanes or three hundred hours of flight time as Pilot-in-Command on helicopters, as the case may be; and (c) having satisfactorily completed the flying tests as laid down in para 1(e) on the type desired to be included in this rating. Note - Requirements mentioned in (b) and (c) may be varied by the Director-General under special circumstances in the case of an experienced Flight Instructor who has successfully completed a course approved by the Director-General. ### 6. Privileges - Subject to the validity of endorsements and ratings in the Pilot's licence of which this Flight Instructor's Rating forms a part and also any endorsement on this rating, the privileges of the holder of a Flight Instructor's Rating shall be :- (a) to impart flying instructions on aeroplanes/helicopters, as the case may be, having an all-up-weight not exceeding five thousand seven hundred Kgs. and which is entered in the aircraft rating of his licence, and also on an aeroplane/ helicopter having an all-up-weight exceeding five thousand seven hundred Kgs. and which is entered in his Instructor's Rating. (b) to supervise and authorise solo flights by student pilots and supervise flying instructions imparted by Assistant Flight Instructors. [Provided that this privilege shall be subject to any directions that may be issued by the Director-General in this behalf to Flying Training Organisations.] [Inserted by Notification No. G.S.R. 1171(E) , dated 19.9.2017 (w.e.f. 23.3.1937).] SECTION S FLIGHT INSTRUCTOR'S RATING (GLIDERS) ### 1. Requirements for issue of rating.-An applicant for a flight instructor's rating on glider pilot's license shall satisfy the following requirements:- (a) Age.-He shall be not less than eighteen years of age on the date of application. (b) Knowledge.-He shall pass a written and oral examination in air regulations, air navigation, aviation meteorology, aircraft and instruments. Mechanics of flight and methods and techniques of flying instructions in accordance with the syllabus prescribed by the DGCA. (c) Experience.-He shall produce evidence of having satisfactorily completed as a pilot of a glider (i) not less than fifty hours of flight time as pilot-in-command including not less than two hundred fifty take-offs and landings provided that a person who has satisfactorily completed not less than two hundred hours of flight time as pilot-in-command on an aeroplane shall be required to complete on a glider not less than twenty hours of flight time as pilot-in-command including not less than one hundred take-offs and landings; (ii) not less than two solo flights of not less than two hours duration each; (iii) one solo cross-country flight of not less than thirty nautical miles distance; (d) Other requirements.-He shall have (i) satisfactorily completed an approved glider instructor's course; (ii) an aero-tow rating, if required to impart instructions for carrying out aero-tow; (iii) Motor-glider rating, if required to impart instructions on motor gliders. (e) Skill.-He shall demonstrate to the satisfaction of an Examiner his competency as glider pilot instructor to perform the procedures and manoeuvres prescribed in the syllabus within a period of six months immediately preceding the date of application. ### 2. Validity.-The period of validity shall commence from the date of issue or renewal of rating. The rating shall be valid for a period not exceeding twelve months from the date of successful completion of flying tests as laid down in para. 1(e) . ### 3. Renewal.-The Instructor's Rating may be renewed on receipt of evidence of the applicant having satisfactorily completed on a glider not less than ten hours of flight time as an instructor within a period of twelve months immediately preceding the date of application for renewal, or in lieu thereof having satisfactorily completed the flying tests as laid down in para. 1(e) within the same period together with having successfully completed an approved flight instructor refresher course. ### 4. Privileges.-Subject to the validity of endorsements and ratings in the pilot's license (gliders) , the privileges of the holder of an instructor's rating shall be (a) to impart flying instructions on all gliders entered in the aircraft rating of the pilot's license (gliders) ; (b) to supervise and authorise solo flights by Student Glider Pilots. [Note.-The flight instructor's rating (gliders) shall cease to be granted with effect from a date to be notified by the Central Government, but the provisions relating to its validity, renewal and privileges shall remain in force till a date notified by the Central Government.] SECTION T FLIGHT INSTRUCTOR'S RATING (BALLOONS) ### 1. Requirements for issue of rating.-An applicant for a flight instructor's rating (balloons) shall satisfy the following requirements:- (a) Age.-He shall be not less than eighteen years of age on the date of application. (b) Knowledge.-He shall pass a written or oral examination in (i) air regulations, air navigation, aviation meteorology, airmanship and balloon systems / aerostatics; (ii) mechanics of flight and methods and techniques of flying instruction, in accordance with the syllabus as prescribed by the Director-General. (c) Experience.-He shall produce evidence of having satisfactorily completed as a pilot of a balloon not less than thirty-five hours flight time which shall include- (i) not less than ten hours of instruction in flying as pilot of balloons in accordance with the syllabus prescribed by the Director-General and conducted by an Instructor/ Examiner approved by the Director-General including four free flights, one of which is to be an ascent to at least one thousand five hundred metres above the elevation of the place of departure, and two tethered flights; (ii) not less than twenty hours as pilot-in-command including twenty free flights, one of which is to be cross-country flight with a landing made at a place not less than twenty kms. from the place of departure, and two tethered flights. (d) Other requirements.-He shall have satisfactorily completed an approved balloon instructor's course. (e) Skill.-He shall have demonstrated to the satisfaction of an Examiner his competency to perform the procedures and manoeuvres prescribed in the syllabus within a period of six months immediately preceding the date of application for the rating. ### 2. Validity.-The period of validity shall commence from the date of issue or renewal of this rating. The rating shall be valid for a period not exceeding twelve months from the date of successful completion of flying tests as laid down in para. 1(e) . ### 3. Renewal.-The flight instructor's rating (balloons) may be renewed on receipt of satisfactory evidence of the applicant having satisfactorily completed not less than five ascents as a balloon instructor and undergone competency checks within a period of twelve months immediately preceding the date of application for renewal; OR having successfully completed within a period of six months immediately preceding the date of application an approved flight instructor's refresher course and having met requirements as laid down in para. 1(b) (ii) and (e). ### 4. Privileges.-Subject to the validity of the pilot's license (balloons) of which the rating forms a part, the privileges of the holder of flight instructor's rating (balloons) shall be- (a) to impart flying instructions on balloons; (b) to supervise and authorise solo flights by student balloon pilots. [Note.-The flight instructor's rating (balloons) shall cease to be granted with effect from a date to be notified by the Central Government, but the provisions relating to its validity, renewal and privileges shall remain in force till a date notified by the Central Government.] SECTION U STUDENT NAVIGATOR'S LICENCE ### 1. Requirements for issue of licence - An applicant for a Student Navigator's Licence shall satisfy the following requirements- (a) Age- He shall be not less than twenty years of age on the date of application; (b) Educational Qualification- He shall have passed class ten plus two with Physics and Mathematics or its equivalent examination from a recognised Board/University. (c) Medical Fitness- He shall produce on a prescribed proforma a certificate of physical fitness from an approved Medical Board after undergoing a medical examination, during which he shall have established his medical fitness on the basis of compliance with the requirements as notified by the Director-General under Rule 39B. (d) Knowledge- He shall pass a written examination with oral and practical tests in Air Regulations, Air Navigation, Flight Navigation, Instruments, Radio/Radar Aids, Astronomical Navigation and Aviation Meteorology; and Signals (Practical) test for interpretation of aural and visual signals in accordance with the syllabus as prescribed by the Director-General. ### 2. [ Validity - The licence shall be valid for a period as specified in rule 39C.] [Substituted by Notification No. G.S.R. 11 (E) dated 10.1.2011 (w.e.f. 23.3.1937)] ### 3. Renewal- The licence may be renewed on receipt of satisfactory evidence of the applicant having undergone a medical examination in accordance with clause (c) of paragraph 1 and subject to satisfactory exercise of privileges. ### 4. Privileges- Subject to compliance with the relevant provisions of Rule 39B, Rule 39C and Rule 42 of Aircraft Rules, 1937, the privileges of the holder of a Student Navigator's Licence shall be to act as a Navigator on any flight, where a Flight Navigator is required to be carried in accordance with Rule 38 A provided that he shall so act at all times under the direct supervision of a licensed Flight Navigator and solely for the purposes of gaining practical experience in navigation to qualify for a Flight Navigator's Licence. SECTION V FLIGHT NAVIGATOR'S LICENCE ### 1. Requirements for issue of licence- An applicant for a Flight Navigator's Licence shall satisfy the following requirements :- (a) Age- He shall be not less than twenty-one years of age on the date of application; (b) Educational Qualification- He shall have passed class ten plus two with Physics and Mathematics or its equivalent examination from a recognised Board/University. (c) Medical Fitness- He shall produce on a prescribed proforma a certificate of physical fitness from an approved Medical Board after undergoing a medical examination, during which he shall have established his medical fitness on the basis of compliance with the requirements as notified by the Director-General under Rule 39B. (d) Knowledge- He shall pass a written examination with oral and practical tests in Air Regulations, Air Navigation, Flight Navigation, Instruments, Radio/Radar Aids, Astronomical Navigation and Aviation Meteorology; and Signals (Practical) test for interpretation of aural and visual signals in accordance with the syllabus as prescribed by the Director-General. (e) Experience- (i) The applicant shall have completed in the performance of the duties of a flight navigator not less than two hundred hours of flight time acceptable to the Director-General, in aircraft engaged in cross-country flights, including not less than thirty hours by night; (ii) When the applicant has completed as a pilot not less than two hundred hours of flight time acceptable to the Director-General, such experience to the extent of one hundred hours cross-country flight time shall be considered as experience for the purpose of sub-clause (i); (iii) The applicant shall produce evidence of having satisfactorily determined the aircraft's position in flight, and used that information to navigate the aircraft, as follows:- (a) by night - not less than twenty five hours by celestial observations; and (b) by day - not less than twenty five hours by celestial observations in conjunction with self-contained or external referenced navigation systems. (f) Skill- The applicant shall have demonstrated in flight by day and by night within a period of six months immediately preceding the date of application, the ability to perform as flight navigator of an aircraft with a degree of competency appropriate to privileges of a flight navigator during which he should have shown- (i) the exercise of good judgement and airmanship; (ii) application of aeronautical knowledge; (iii) performed all duties as part of an integrated crew; and (iv) communicated effectively with other flight crew members. ### 2. [ Validity - The licence shall be valid for a period as specified in rule 39C.] [Substituted by Notification No. G.S.R. 11 (E) dated 10.1.2011 (w.e.f. 23.3.1937)] ### 3. Renewal- The licence may be renewed on receipt of satisfactory evidence of the applicant- (a) having undergone a medical examination in accordance with clause (c) of paragraph 1; (b) having completed as a Flight Navigator not less than twenty hours of flight time during which he shall have navigated an aircraft by the use of dead reckoning, radio bearings and such other aids as are available to him in navigating an aircraft within a period of twelve months immediately preceding the date of application for renewal, or in lieu thereof having satisfactorily completed the tests as laid down in clause (f) of paragraph 1 within the same period. ### 4. Privileges- Subject to compliance with the relevant provisions of Rule 39B, Rule 39C and Rule 42 of Aircraft Rules, 1937, the privileges of the holder of a Flight Navigator's Licence shall be to act as a Flight Navigator on any flight where a Flight Navigator is required to be carried in accordance with Rule 38A. SECTION W STUDENT FLIGHT ENGINEER'S LICENCE ### 1. Requirements for the issue of licence- An applicant for a Student Flight Engineer's Licence shall satisfy the following requirements- (a) Age- He shall not be less than twenty-one years of age on the date of application. (b) Educational Qualifications- He shall have passed class ten plus two with Physics and Mathematics or its equivalent form a recognised Board/University. (c) Medical Fitness- He shall produce on a prescribed proforma a certificate of physical fitness from an approval Medical Board after undergoing a medical examination during which he shall have established his medical fitness on the basis of compliance with the requirements as notified by the Director-General under Rule 39B. (d) Technical Qualification- He shall have completed a Flight Engineer's Ground Course of Instructions in the basic technical and aeronautical knowledge required of a Flight Engineer as approved by the Director-General. (e) Knowledge- Subject to the successful completion of the course mentioned in clause (d) above, he shall pass a written examination in the following subjects- (i) Regulations and procedures, including rules, in so far as duties of flight engineers are concerned; (ii) Fundamental of aerodynamics and theory of flight and navigation; (iii) General principles of constructions, maintenance and functioning of airframe, power plants, including their accessories, instruments, installed equipment and related systems; (iv) Selected elements of flight planning, including centre of gravity computation, fuel consumption and endurance, power plant output and centre of power output, engine power curves and mathematical computation involved; (v) Aircraft performance characteristics and limitations; (vi) Flight documentation relating to the duties of flight engineers; (vii) Procedures in the event of power plant or system malfunction or emergencies particularly in the event of fire; (viii) Knowledge of varying meteorological conditions and their effect on aircraft, power plant operations; (ix) Detailed knowledge of flight/operation manuals, including the knowledge of the functioning of the aircraft systems and other components installed in the systems; (x) Procedures of airworthiness checks, defects reporting, pre-flight inspection, types of fuel precautions during refuelling and use of external power. ### 2. [ Validity - The licence shall be valid for a period as specified in rule 39C.] [Substituted by Notification No. G.S.R. 11 (E) dated 10.1.2011 (w.e.f. 23.3.1937)] ### 3. Renewal- Licence may be renewed for a period not exceeding twelve months from the date of a successful medical examination. ### 4. Aircraft Rating- Licence shall indicate the type of aircraft on which the holder is entitled to fly in the capacity of a student flight engineer. ### 5. Extension of aircraft rating- For extension of aircraft rating to include an additional type of aircraft, an applicant shall have completed a flight engineer's ground course of instructions as per para 7.2 approved by the Director-General and passed a written examination subsequent to successful completion of the approved course, in aircraft engine and systems pertaining to the type of aircraft for which extension of aircraft rating is desired. ### 6. Privileges-Subject to the validity of endorsements and ratings in the licence, the privileges of the holder of a student flight engineer's licence shall be to act as a student flight engineer on any type of aircraft entered in aircraft rating of his licence and which has separate flight engineer's station, provided that :- (a) he shall so act at all times under personal supervision of a flight engineer and solely for the purpose of gaining flight experience required for obtaining a flight engineer's licence; (b) he shall not act as a student flight engineer of a transport aircraft carrying passengers unless he has satisfactorily completed a course of training for a minimum of ten hours on local training flights or non-passenger carrying flight during which he shall have carried out not less than ten take-offs and ten landings and he has been certified fit by an examiner to operate as student flight engineer on the type of transport aircraft carrying passengers. Out of the ten hours stipulated as training experience, not more than eight hours shall be on an approved synthetic device shall not count towards the ten landings referred to above. ### 7. Flight Engineer's Ground Course of Instructions as referred to in para 1(d) shall consist of : (i) Basic Course, (ii) Type Course, as per the details given in para 7.1 below :- 7.1 Basic Course : The duration of the course shall be decided by the Director-General, keeping in view the educational and experience background of trainees and course shall consist of the following subjects:- (a) Aircraft rules and civil airworthiness requirements in so far as duties of flight engineers are concerned. (b) Theory of flight. (c) Properties of air. (d) Basic airframe and associated systems. (e) Basic engine-gas turbine engine or piston engine including propeller system as applicable. (f) Basic electrical. (g) Ground instruments. (h) Ground handling and servicing procedures. (i) Weight and balance. (j) Emergency equipments. (k) Fuel Systems. (l) Ice and rain protection. 7.2 Type Course- The duration of the course shall be as approved by the Director-General of keeping in view complexity of aircraft and shall cover the following subjects :- (a) Aircraft systems and accessories including malfunction analysis. (b) Aircraft engines- Gas turbine engine or piston engine, including propeller system as applicable, including malfunction analysis. (c) Fuel management. (d) Ground handling and servicing procedures. (e) Weight and balance. (f) Use of cockpit list/minimum equipment list. (g) External and internal pre-flight checks. (h) Normal operation procedures. (i) Alternate or emergency operating procedures. (j) Aircraft performance. (k) Documents relating to aircraft airworthiness. (l) Emergency equipment. (m) Fire protection systems. (n) Aircraft system, power plants systems, instrument system, electrical system operating limitation. (o) Ice and rain protection. (p) Landing gear and breaking system. (q) A general knowledge of normal, abnormal and emergency use of radio, communication, navigation and radar systems. ### 8. Exemption- Where an applicant produces acceptable evidence that he has attended a ground course of instructions or has passed Aircraft Maintenance Engineer's Licence examinations of at least equal standards in any subject specified earlier in this section, he may be granted exemption from the requirements of paras 7.1 and 7.2, as applicable, by the Director General. SECTION X FLIGHT ENGINEER'S LICENCE ### 1. Requirement for the issue/extension of licence- An applicant for issue/extension of flight engineer's licence shall satisfy the following requirements- (a) He must have a current Student Flight Engineer's Licence on the type of aircraft which is desired to be included in the aircraft rating of his flight engineer's licence. (b) Medical fitness- He shall produce on a prescribed proforma a certificate of physical fitness from an approved Medical Board after undergoing a medical examination during which he shall have established his medical fitness on the basis of compliance with the requirements as notified by the Director-General under Rule 39B. (c) Experience- An applicant shall produce evidence of having completed within a period of twelve months immediately preceding the date of his application for licence hundred hours of flying experience on the type of aircraft desired to be included in the licence. Out of this flying experience not more than fifty hours shall be obtained on an approved synthetic flight trainer. (d) Skill- He shall have demonstrated his competency as a flight engineer to the satisfaction of Director-General of Civil Aviation approved Examiner by undergoing the following tests on the type of aircraft to which the application relates within a period not exceeding six months immediately preceding the date of such application: (i) Normal Operations- A check on representative air route covering - - pre-flight inspection; - refuelling procedure; - inspection of appropriate maintenance documents; - all normal procedure applicable to his duties as specified in the relevant parts of Operations Manual, crew co-operation; and - defect reporting. Abnormal and alternate (stand by) operation- A check on his ability to recognise abnormal functioning of systems and use of alternate (stand by) procedures. (iii) Emergency procedures-Demonstration of practical knowledge of emergency procedures and the ability to take appropriate action in the event of engine failure occuring particularly during take-offs and landings. ### 2. [ Validity - The licence shall be valid for a period as specified in rule 39C.] [Substituted by Notification No. G.S.R. 11 (E) dated 10.1.2011 (w.e.f. 23.3.1937)] ### 3. Renewal- The licence may be renewed on receipt of satisfactory evidence of an applicant- (a) having undergone a successful medical examination in accordance with clause (b) of paragraph 1; (b) having satisfactorily completed not less than twenty hours of Flight time as a flight engineer within a period of six months immediately preceding the date of application for renewal or in lieu thereof having flight tests as laid down in clause (d) of paragraph 1 within the same period. ### 4. Aircraft rating- The licence shall indicate the type of aircraft the holder is entitled to fly in the capacity of a flight engineer. ### 5. Extension of aircraft rating- For extension of aircraft rating to include an additional type of aircraft, an applicant shall be required to produce evidence of- (a) having a current student flight engineer's licence on the type of aircraft which is desired to be included in the aircraft rating of his licence; (b) having completed within a period of twelve months immediately preceding the date of the application for extension of aircraft rating, fifty hours of flying experience on the type of aircraft desired to be included in his licence. Out of this flying experience not more than twentyfive hours shall have been obtained on an approved synthetic flight trainer. (c) having successfully completed the flight test as laid down in clause (d) of paragraph 1 in respect of the type of the aircraft for which the aircraft rating is desired, within a period of six months immediately preceding the date of the application for extension of aircraft rating. ### 6. Privileges- Subject to the endorsements and rating in the licence, the privileges of the holder of a flight engineer's licence shall be to act as flight engineer in any aircraft of a type specified in the aircraft rating of his licence provided during the preceding twelve months he has demonstrated his competency as per para 1(d) (ii) and (iii) above, to an approved examiner, to undertake duties of flight engineer in the type of aircraft or in an approved flight simulator. SECTION Y FLIGHT RADIO TELEPHONE OPERATOR'S LICENCE ### 1. Requirements for issue of licence- An applicant for a Flight Radio Telephone Operator's Licence shall satisfy the following requirements :- (a) Age- He shall be not less than eighteen years of age on the date of application; (b) Educational Qualification- He shall have passed class ten plus two with Physics and Mathematics or its equivalent examination from a recognised Board/University. (c) Medical Fitness- He shall produce on a prescribed proforma a certificate of physical fitness from either an approved medical practitioner or an approved medical Board after undergoing a medical examination during which he shall have established his medical fitness on the basis of compliance with the requirements as notified by the Director-General under Rule 39B; (d) Knowledge/Technical Qualifications- He shall produce a valid Radio Telephone Operator's (Restricted or General) Certificate endorsed for Aeromobile Service issued or recognised by the Central Government under the Indian Wireless Telegraphy Rules, 1954; (e) Other Requirements- He may be required to pass, at the discretion of the Director-General, a test to establish his knowledge of the current aeromobile radio-telephone operating practices and procedures, standards and recommended practices pertaining to air traffic control communication as promulgated by the Director-General from time to time; (f) He shall produce satisfactory evidence of having completed not less than two months of satisfactory experience as a Flight Radio Telephone Operator and obtained experience of at least ten hours during the proceedings twelve months in an aircraft equipped with radio apparatus in accordance with Rule 63 : Provided that an applicant who has not had the experience as required above may be granted a provisional licence for a period not exceeding one year in order to enable him to obtain the necessary experience :- Provided further that an applicant who is licensed flight crew will not be required to produce evidence of experience. (g) Skill- He may, if so necessary, be subjected to a flight check as provided under Rule 12(3) of the Indian wireless Telegraphy Rules, 1954, to establish his competency as a Flight Radio Telephone Operator. ### 2. [ Validity - The licence shall be valid for a period as specified in rule 39C.] [Substituted by Notification No. G.S.R. 11 (E) dated 10.1.2011 (w.e.f. 23.3.1937)] ### 3. Renewal- A licence shall be renewed on production of satisfactory evidence of- (a) having undergone a medical examination in accordance with clause (c) of paragraph 1; (b) having a current Radio Telephone Operator's (Restricted or General) Certificate (Aeromobile Service) issued or recognised by the Central Government under the Indian Wireless Telegraphy Rules, 1954. ### 4. Privileges- Subject to the endorsements in the licence, the privileges of the holder of a Flight Radio Telephone Operator's Licence shall be to act as a Flight Radio Telephone Operator on any aircraft equipped with radio apparatus in accordance with Rule 63 including radio apparatus which communicates by radio telephony, except that the holder of a provisional licence shall, at all times, operate under the supervision of a person holding a Flight Radio Telephone Operator's Licence.] SECTION Z FLIGHT RADIO TELEPHONE OPERATOR'S (RESTRICTED) LICENCE ### 1. Requirements for issue of licence- An applicant for a Flight Radio Telephone Operator's (Restricted) Licence shall satisfy the following requirements- (a) Age- He shall be not less than sixteen years of age on the date of application. (b) Educational Qualifications- He shall have passed class ten or its equivalent examination from a recognised Board. (c) Medical Fitness- He shall produce on a prescribed proforma an assessment of medical fitness from an approved medical practitioner in accordance with Rule 39B. The period of validity of the medical assessment shall be as prescribed in Rule 39C. (d) Knowledge- He shall pass a written examination and practical test in accordance with the syllabus as prescribed by Director-General. (e) [ Experience. - He shall be the holder of a Student Pilot's Licence (Aeroplanes, Helicopters, Gliders, Microlights, Light Sport Aircraft or Balloons) or a Private Pilot's Licence (Aeroplanes or Helicopters) or a Pilot's Licence (Microlight, Light Sport Aircraft, Gliders or Balloons).] [Substituted by Notification No. G.S.R. 1171(E) , dated 19.9.2017 (w.e.f. 23.3.1937).] (f) Skill - He may, if so necessary, be subjected to a flight check to show his competency in operation of Flight Radio Telephone apparatus on board an aircraft. ### 2. [ Validity - The licence shall be valid for a period as specified in rule 39C.] [Substituted by Notification No. G.S.R. 11 (E) dated 10.1.2011 (w.e.f. 23.3.1937)] ### 3. Renewal- A licence will be renewed on production of satisfactory evidence of- (a) having undergone a medical examination in accordance with para 1(c). (b) having satisfactorily completed not less than five hours of solo flight time on an aircraft fitted with radio telephone apparatus for two-way communication during which he had operated the radio telephone apparatus. ### 4. Privileges - Subject to the endorsement in the licence, the privileges of a holder of a Flight Radio Telephone Operator's (Restricted) Licence shall be to operate radio telephone apparatus on board an aircraft for two-way communication on VHF.] [Schedule III] [Substituted by Notification No. G.S.R. 64(E) dated 3.2.2012 (w.e.f. 23.3.1937)] Air Traffic Services Personnel (See part XII) Section A General ### 1. Background Check. - Before enrolling a person for undergoing the air traffic control training, the training organization shall obtain a report on the background check from the concerned government agency and the proof of the background check shall be submitted to the licensing authority at the time of submission of the application for issue of the licence. ### 2. Application for grant of a licence or rating. - (a) The application for issue or validation or renewal of a licence or rating shall be made to the Director-General on a specified proforma, and shall be accompanied by- (i) an assessment of medical fitness issued by the approved medical authority or Director-General; (ii) Three unmounted photographs of size 3 cms X 4 cms of the applicant's head (uncovered) and shoulders in front view; (iii) Class X certificate of a recognized Board or its equivalent or the Birth Certificate issued by a Municipal Corporation or Committee as proof of age; (iv) A bank draft towards the payment of the specified fee; (v) Proof of meeting the educational qualification, knowledge and experience requirements; and (vi) Any other information required by the Director-General. (b) The date of application shall be the date on which the application is received in the office of the Director-General. (c) The licences and ratings specified in this Schedule shall be issued in the name as entered in the Class X certificate of a recognised Board or its equivalent. ### 3. Application for renewal of licence. - (a) The application for renewal of a licence or rating shall be made on a specified proforma to the Director-General or to any other authority designated by him in this behalf, and shall be accompanied by - (i) an assessment of medical fitness issued by the Director-General referred to in rule 103; (ii) a statement of the recency experience duly authenticated by the person in-charge of the concerned Air Traffic Services Units; (iii) a bank draft towards the payment of the specified fee; and (iv) any other information required by the Director-General. (b) The date of application shall be the date on which the application IS received in the office of the Director-General, or in any other office designated for this purpose by the Director-General. ### 4. Examination. - (a) The applicant for issue of a Student Air Traffic Controller's Licence or Air Traffic Controller's Licence or a rating shall be required to pass the examinations conducted in the manner specified by the Director-General. (b) The candidate shall, on demand by the examiner. furnish proof for his identification before the examination. (c) An applicant who fails in any examination shall not be permitted to appear for re-examination within a period of at least two weeks from the date of examination. ### 5. Assessment by the examiner or board. - For getting an endorsement, the holder of a Student Air Traffic Controller's Licence or an Air Traffic Controller's Licence shall be assessed by an examiner duly authorised by the Director-General or by a board of examiners constituted for the purpose by the licensing authority. ### 6. Validity of examination and assessment. -(a) The applicant for a licence or rating shall have passed the examination for issuing a licence or rating within a period of not more than three years preceding the date of application. (b) The validity of the assessment for the purpose of endorsement on the licence shall be for a period of six months. (c) In case an examination or assessment expires on a holiday, it shall expire on the next working day. ### 7. On-the-job training requirement. - The holder of a Student Air Traffic Controller's Licence or an Air Traffic Controller's Licence shall be required to undergo the on"the-job training under an authorised instructor for a period specified in this Schedule for grant of a particular rating: Provided that where the licensing authority, having regard to the traffic volume of the air traffic unit for which the rating is being sought and experience of the licence holder, is satisfied, it may approve the on-the-job training of a shorter period than the one specified in the Schedule. ### 8. Conditions precedent to exercise of privileges. - (a) No person holding a current Air Traffic Controller's Licence shall exercise the privileges of his licence or rating unless he meets competency, recency and language proficiency requirement and medical standards, as applicable to him in accordance with these rules. (b) The holder of a licence shall not exercise the privilege of their licence and related ratings while under the Influence of alcohol or any psychoactive substance, which might render him unable to safely and properly exercise the privileges of the licences and ratings. ### 9. Recency requirement. - A licence holder is considered to be recent in respect of rating and endorsement on his licence if he has worked for a period of minimum ten hours in a period of three days in respect of a particular ratings during preceding six months. ### 10. Language proficiency. - (a) An applicant for grant of Student Air Traffic Controller's Licence or Air Traffic Controller's Licence shall have the ability to speak and understand the English language used for radiotelephony communications to the level of proficiency specified by the Director-General. (b) The level of proficiency shall be evaluated in accordance with the procedures specified by the Director-General. (c) The licencing authority shall indicate the level of proficiency in the licence. SECTION B STUDENT AIR TRAFFIC CONTROLLER'S LICENCE ### 1. Requirements for issuing licence. - An applicant for a Student Air Traffic Controller's Licence shall satisfy the following requirements, namely:- (a) Age - He shall not be less than twenty years of age on the date of application. (b) Education quaLification - He shall have passed a degree in Science or an equivalent examination with Physics and Mathematics, from a recognized University or shall hold a valid Indian Commercial Pilot's Licence. (c) Medical fitness - He shall hold a valid medical fitness assessment issued by the Director-General as referred to in rule 103. (d) Knowledge - He shall have demonstrated the required level of knowledge by passing a written examination in the following subjects, namely:- (i) Air law - The provisions of the Aircraft Rules, 1937, civil aviation requirements and any other circulars or instructions relevant to the air traffic control; (ii) Air traffic control equipment - Principles, use and limitations of equipment used in air traffic control; (iii) General knowledge - Principles of flight, principles of operation and functioning of aircraft, power plants and systems, aircraft performances relevant to air traffic control; (iv) Human performance - Human performance relevant to air traffic control; (v) Meteorology - Aeronautical meteorology, use and appreciation of meteorological documentation and information, origin and characteristic of weather phenomena affecting flight operations and safety, altimetry; (vi) Navigation - Principles of air navigation, principles, limitation and accuracy of navigation systems and visual aids; and (vii) Operational procedures - Air traffic control, communication, radiotelephony and phraseology procedure (routine, non-route and emergency), use of relevant aeronautical documentation, safety practices associated with flight. (e) Experience - He shall have successfully completed an approved training course including simulator training from an approved training organization and pass the relevant examination, and also completed an approved course of initial training in the rating or discipline relating to any of the rating from an approved organization. ### 2. Validity - The licence shall be valid for the period specified in rule 104 and shall lapse on the holder acquiring an Air Traffic Controller's Licence. ### 3. Privileges - Subject to the validity of licence, the holder of a Student Air Traffic Controller's Licence may perform duty as an air traffic controller in a particular air traffic service unit under the direct supervision of an authorised instructor rated on that air traffic service unit, in order to complete the requirement of on-the-job-training for the purpose of qualifying for endorsement of such rating on his licence. SECTION C AIR TRAFFIC CONTROLLER'S LICENCE ### 1. Requirements for issuing licence. - An applicant for an Air Traffic Controller's Licence shall satisfy the following requirements, namely:- (a) Age. - He shall not be less than twenty one years of age on the date of application. (b) Educational qualification. - He shall have passed a degree in Science or an equivalent examination with Physics and Mathematics, from a recognized University, or shall hold a valid Indian Commercial Pilot's Licence. (c) Medical fitness - He shall hold a valid medical fitness assessment issued by the Director-General as referred to in rule 103. (d) Knowledge. - (i) He shall hold a valid Student Air Traffic Controller's Licence. (ii) He shall have passed the examination for obtaining at least one rating for a particular air traffic services unit as specified in Sections D, E, F, G, H, I and J of this Schedule. (e) Experience. - He shall have undergone on-the-job training under an authorised instructor for the specified period in respect of the unit or units desired to be endorsed on the licence and shall have been assessed as successful by an examiner or board for the said unit or units. ### 2. Validity. - The licence shall be valid for a period as specified in rule 104. ### 3. Renewal. - The licence shall be renewed for a period specified in rule 104 subject to the applicant holding a valid medical fitness assessment and at least one valid rating. ### 4. Privileges. - Subject to the validity of licence, the holder of an Air Traffic Controller's Licence may perform duty as an air traffic controller in any air traffic services unit which is included in his licence as rating. SECTION D AERODROME CONTROL RATING ### 1. Requirements for issuing rating. - An applicant for an Aerodrome Control Rating shall satisfy the following requirements, namely:- (a) Knowledge. - He shall hold either a Student Air Traffic Controller's Licence or an Air Traffic Controller's Licence and shall have demonstrated a level of knowledge by passing the examination in the following subjects in relation to the relevant Aerodrome Control Tower, namely:- (i) Aerodrome layout, physical characteristics and visual aids, (ii) Airspace structure, (iii) Applicable rules, procedures and source of information, (iv) Air navigation facilities, (v) Air traffic control equipment and its use, (vi) Terrain and prominent land marks, (vii) Characteristics of air traffic, (viii) Weather phenomena, (ix) Emergency, search and rescue plans and (x) Any other subject considered appropriate for the particular place. (b) Experience. - He shall produce a certificate of his having undergone on-the-job training under the supervision of an instructor or authorised Air Traffic Controller's Licence holder for a period of not less than one and a half month, during which at least ninety hours of training has been completed, at the unit for which the rating is sought: Provided that the Director-General may reduce the period of on-the-job-training, subject to the conditions specified in this regard, for an air traffic controller holding or having held an Aerodrome Control rating for any other aerodrome. (c) Skill. - He shall have been assessed successful in his skill, judgement and performance to provide a safe, orderly and expeditious aerodrome control service and the assessment shall be conducted as soon as possible after the completion of on-the-job training requirement but in any case not later than two months therefrom. ### 2. Validity. - The rating shall become invalid if an air traffic controller has not exercised the privileges of the rating for a period exceeding six months. ### 3. Revalidation. - The rating shall be revalidated as provided in rule 110. ### 4. Privileges. - (a) The privileges of the holder of the rating shall be to provide or to supervise the provision of Aerodrome Control Service at the aerodrome for which he is rated. (b) Before exercising the privileges, the holder of the rating shall be familiar with all pertinent and current information. SECTION E APPROACH CONTROL PROCEDURAL RATING ### 1. Requirements for issuing rating. - An applicant for an Approach Control Procedural Rating shall satisfy the following requirements, namely:- (a) Knowledge. - He shall hold an Air Traffic Controller's Licence or a Student Air Traffic Controller's Licence and shall have demonstrated the required level of knowledge by passing the examination at least in the following subjects for Approach Control Unit at a particular place, namely:- (i) Airspace structure (ii) Applicable rules, procedures and source of information (iii) Air navigation facilities (iv) Air traffic control equipment and its use (v) Terrain and prominent land marks (vi) Characteristics of air traffic and traffic flow (vii) Weather phenomena (viii) Emergency and search and rescue plans (ix) Any other subject considered appropriate for the particular place. (b) Experience. - He shall produce a certificate of his having undergone on-the-job training under the supervision of an instructor or an authorised Air Traffic Controller's Licence holder for a period of not less than three months, during which at least one hundred and eighty hours of training has been completed, at the unit for which the rating is sought: Provided that the Director-General may reduce the period of on-the-job-training, subject to the conditions specified in this regard, for an air traffic controller holding or having held an Approach Control Procedural Rating for any other aerodrome. (c) Skill. - He shall have been assessed successful by an examiner in respect of his skill, judgement and performance to provide a safe, orderly and expeditious approach control service and the assessment shall be conducted as soon as possible after the completion of on-the-job training requirement, but in any case not later than three months therefrom. ### 2. Validity. - The rating shall become invalid if an air traffic controller has not exercised the privileges of the rating for a period exceeding six months. ### 3. Revalidation. - A rating shall be revalidated as provided in rule 110. ### 4. Privileges. - (a) The privileges of the holder shall be to provide or to supervise the provision of Approach Control Service within the airspace jurisdiction of the unit for which he is rated. (b) Before exercising the privileges, the holder of the rating shall be familiar with all pertinent and current information. SECTION F APPROACH CONTROL SURVEILLANCE RATING ### 1. Requirements for issuing rating. - An applicant for an Approach Control Surveillance Rating shall satisfy the following requirements, namely:- (a) Knowledge. - He shall hold an Air Traffic Controller"s Licence or a Student Air Traffic Controller'S Licence and shall have demonstrated the required level of knowledge by passing examination in at least the follOWing subjects in relation to the area of responsibility at a particular place, namely:- (i) Airspace structure (ii) Applicable rules, procedures and source of Information (iii) Air navigation facilities (iv) Air traffic control equipment and its use (v) Terrain and prominent land marks (vi) Characteristics of air traffic and traffic flow (vii) Weather phenomena (viii) Emergency and search and rescue plans (ix) Principles, use and limitations of appropriate Air Traffic Services Surveillance Systems and associa1ed equipment (x) Procedures for the provision of Air TraffiC Services Surveillance Service, as appropriate, including proc-emur-es to ensure appropriate terrain clearance (xi) Any other subject considered appropriate for the particular place. (b) Experience. - He shall produce a certificate of his - (i) having satisfactorily completed an approved training course on the surveillance system; and (ii) having undergone on-tile-Job training under the supervision of an instructor or authorised Air Traffic Controller's Licence holder for a period of not less than three months, during which at least one hundred and eighty hours of training has been completed, at the unit for which the rating is sought. Provided that the Director-General may reduce the period of on-the-job-training, subject to the conditions specified in this regard, for an air traffic controller holding or having held an Approach Control Surveillance Rating for any other aerodrome. (c) Skill. - He shall have been assessed successful regarding his skill, judgment and performance to provide a safe, orderly and expeditious approach control service and the assessment shall be conducted as soon as possible after the completion of on the job training requirement, but in any case not later than three months therefrom. ### 2. Validity. - The rating shall become invalid if an air traffic controller has not exercised the privileges of the rating for a period exceeding six months. ### 3. Revalidation. - A rating shall be revalidated as provided in rule 110. ### 4. Privileges. - (a) The privileges of the holder shall be to provide or to supervise the provision of Approach Control Service with the use of applicable Air Traffic Services surveillance systems for the unit for which he is rated, .within the airspace or portion thereof, falling under the jurisdiction of the unit providing Approach Control Service. (b) Before exercising the privileges, the holder of the rating shall be familiar with all pertinent and current information. SECTION G AREA CONTROL PROCEDURAL RATING ### 1. Requirements for issuing rating.- An applicant for an Area Control Procedural Rating shall satisfy the following requirements, namely:- (a) Knowledge. - He shall hold an Air Traffic Controller's Licence or a Student Air Traffic Controller's Licence and shall have demonstrated the required level of knowledge by passing the examination in the following subjects in relation to the relevant Area Control Unit, namely:- (i) Airspace structure (ii) Applicable rules, procedures and source of information (iii) Air navigation facilities (iv) Air traffic control equipment and its use (v) Terrain and prominent land marks (vi) Characteristics of air traffic and traffic flow (vii) Weather phenomena (viii) Emergency and search and rescue plans (ix) Any other subject considered appropriate for the particular place. (b) Experience. - He shall produce a certificate of his having undergone on-thejob training under the supervision of an instructor or authorised Air Traffic Controller licence holder for a period of not less than three months, during which at least one hundred and eighty hours of training has been completed, for the unit for which the rating is sought: Provided that the Director-General may reduce the period of on-the-job-training, subject to the conditions specified in this regard, for an air traffic controller holding or having held an Area Control Procedural Rating for any other air traffic services unit. (c) Skill. - He shall have been assessed successful regarding his skill, judgment and performance to provide a safe, orderly and expeditious area control service and the assessment shall be conducted as soon as possible after the completion of on the job training requirement, but in any case not later than three months therefrom. ### 2. Validity. - The rating shall become invalid when an air traffic controller has not exercised the privileges of the rating for a period exceeding six months. ### 3. Revalidation. - A rating shall be revalidated as provided in rule 110. ### 4. Privileges. - (a) The privileges of the holder shall be to provide or to supervise the provision of Area Controi Service within the airspace jurisdiction of the control area or portion thereof for which he is rated. (b) Before exercising the privileges, the licence holder shall be familiar with all pertinent and current information. SECTION H AREA CONTROL SURVEILLANCE RATING ### 1. Requirements for issuing rating - An applicant for an Area Control Surveillance Rating shall satisfy the following requirements, namely:- (a) Knowledge. - He shall be the holder of an Air Traffic Controller's Licence or an Student Air Traffic Controller's Licence and shall have demonstrated the required level of knowledge by passing the examination in at least the following subjects in relation to the area of responsibility of the particular unit, namely:- (i) Airspace structure (ii) Applicable rules, procedures and source of information (iii) Air navigation facilities (iv) Air traffic control equipment and its use (v) Terrain and prominent land marks (vi) Characteristics of air traffic and traffic flow (vii) Weather phenomena (viii) Emergency and search and rescue plans (ix) Principles, use and limitations of applicable Air Traffic Services Surveillance Systems and Associated equipment (x) Procedures for the provision of Air Traffic Services Surveillance Service, as appropriate, including procedures to ensure appropriate terrain clearance (xi) Any other subject considered appropriate for the particular place. (b) Experience. - He shall produce a certificate of his having - (i) satisfactorily completed an approved training· course on the surveillance system; (ii) undergone on-the-job training under the supervision of an instructor or authorised Air Traffic Controller's Licence holder for a period of not less than three months, during which at least one hundred and eighty hours of training has been completed, at the unit for which the rating is sought: Provided that the Director-General may reduce the period of on-the-job-training, subject to the conditions specified in this regard, for an air traffic controller holding or having held an Area Control Surveillance Rating for any other air traffic services unit. (c) Skill. - He shall have been assessed successful regarding his skill, judgement and performance to provide a safe, orderly and expeditious area control service and the assessment shall be conducted as soon as possible after the completion of on the job training requirement. but in any case not later than three months therefrom. ### 2. Validity. - The rating shall become invalid when an air traffic controller has not exercised the privileges of the rating for a period exceeding six months. ### 3. Revalidation. - A rating shall be revalidated as provided in rule 110. ### 4. Privileges. - (a) The privileges of the holder shall be to provide or to supervise the provision of Area Control Service with the use of applicable air traffic services surveillance systems, within the control area or portion thereof, for which the licence holder is rated. (b) Before exercising the privileges, the licence holder shall be familiar with all pertinent and current information. SECTION I FLIGHT INFORMATION SERVICE RATING ### 1. Requirements for issuing rating. - An applicant for a Flight Information Service Rating shall satisfy the following requirements, namely:- (a) Knowledge. - He shall have an Air Traffic Controller's Licence or a Student Air Traffic Controller's Licence and shall have demonstrated a level of knowledge by passing the examination at least in the following subjects for Flight Information Region in relation to the area of his responsibility, namely:- (i) Airspace structure (ii) Applicable rules, procedures and source of information (iii) Air navigation facilities (iv) Air traffic control equipment and its use (v) Terrain and prominent land marks (vi) Characteristics of air traffic and traffic flow (vii) Weather phenomena (viii) Emergency and search and rescue plans (ix) Any other subject considered appropriate for the particular place. (b) Experience. - He shall produce a certificate of his having undergone on the job training under the supervision of an instructor or authorised Air Traffic Controller's Licence holder for a period of not less than three months, during which at least one hundred and eighty hours of training has been completed, at the unit for which the rating is sought: Provided that the Director-General may reduce the period of on-the-jobtraining, subject to the conditions specified in this regard, for an air traffic controller holding or having held an Area Control Rating or Flight Information Service Rating for any other air traffic services unit. (c) Skill. - The applicant shall have been assessed successful regarding his skill, judgement and performance to provide a safe, orderly and expeditious control service and the assessment shall be conducted as soon as possible after the completion of on the job training requirement, but in any case not later than three months therefrom. ### 2. Validity. - The rating shall become invalid when an air traffic controller has not exercised the privilege of the rating for a period exceeding six months. ### 3. Revalidation. - A rating shall be revalidated as provided in rule 110. ### 4. Privilege. - (a) The privilege of the holder shall be to provide or to supervise the provision of Flight Information Service within the airspace jurisdiction of Flight Information Region or portion thereof for which the licence holder is rated. (b) Before exercising the privilege, the licence holder shall be familiar with all pertinent and current information. SECTION J OCEANIC CONTROL RATING ### 1. Requirements for issuing rating. - An applicant for an Oceanic Control Rating shall satisfy the following requirements, namely:- (a) Knowledge. - He shall have an Air Traffic Controller's Licence or a Student Air Traffic Controller's Licence and shall have demonstrated a level of knowledge by passing the examination at least in the following subjects for an Oceanic Control Unit in the area of his responsibility at a particular place, namely:- (i) Airspace structure (ii) Applicable rules, procedures and source of information (iii) Air navigation facilities (iv) Air traffic control equipment and its use (v) Principles, uses and limitations of surveillance systems if any and associated equipment (vi) Terrain and prominent land marks (vii) Characteristics of air traffic and traffic flow (viii) Weather phenomena (ix) Emergency and search and rescue plans (x) Any other subject considered appropriate for the particular place. (b) Experience. - He shall produce a certificate of his having - (i) satisfactorily completed an oceanic control training course; (ii) undergone on-the-job training under the supervision of an instructor or authorised Air Traffic Controller for a period of not less than three months during which at least one hundred and eighty hours of training has been completed, at the unit for which the rating is sought: Provided that the Director-General may reduce the period of on-the-job training, subject to the conditions specified in this regard, for an air traffic controller holding or having held an Oceanic Control Rating for any other air traffic services unit. (c) Skill. -The applicant shall have been assessed successful in respect of his skill, judgement and performance to provide a safe, orderly and expeditious air traffic control service in the Oceanic Control Centre and the assessment has to be conducted as soon as possible after the completion of on-the-job training requirement, but in any case not later than three months therefrom. ### 2. Validity. - The rating shall become invalid when an air traffic controller has not exercised the privilege of the rating for a period exceeding six months. ### 3. Revalidation - A rating shall be revalidated as provided in rule 110. ### 4. Privilege - (a) The privilege of the holder shall be to provide or to supervise the provisions of Oceanic Control Service within the airspace jurisdiction of Oceanic Control or portion thereof for which the licence holder is rated. (b) Before exercising the privilege, the licence holder shall be familiar with all pertinent and current information.] [SCHEDULE IV] [Inserted by Notification No. G.S.R. 31(E) dated 14.1.2015 (w.e.f. 23.3.1937)] (See rule 119) AERONAUTICAL TELECOMMUNICATION ### 1. Aeronautical Facility Requirements. - An applicant for certification of a communication, navigation, surveillance or air traffic management facility to be established or used at an Aeronautical Telecommunication Station shall establish a procedure to ensure that- (i) each facility intended to be included in the certificate of the applicant before commissioning - (a) is designed and installed to meet the applicable operational specification specified for that facility; (b) conforms with the applicable system, characteristics and specification standards specified by the Director-General; (c) has been allocated a Radio Frequency Operating License in compliance with the Indian Telegraph Act, 1885 ( 13 of 1885 ) and rules made thereunder; and (d) has been allocated an identification code or call sign. (ii) each facility listed in the certificate of the applicant is installed with suitable power supplies and means to ensure continuity of operation appropriate to the needs of the air traffic service or radio navigation service being supported; and (iii) an applicant for certification of communication, navigation and surveillance of air traffic management facility to be established or used at an Aeronautical Telecommunication Station who intends to operate a temporary aeronautical facility to carry out site tests shall establish a procedure for conducting those tests. ### 2. Communication, navigation and surveillance manual. - The communication, navigation and surveillance manual in addition to any other relevant information shall contain the following information and particulars, namely :- (a) General. - General information including purpose and scope of the manual, management and organization structure of the holder of the certificate, legal requirement for certification of communication, navigation, surveillance or air traffic management facility, conditions for the use of the certificate, availability of aeronautical information system for disseminating information regarding status of facility. (b) Requirement of personnel. - (i) Appropriate details of proficient personnel to ensure each service listed in the certificate of the applicant in a safe, efficient, continuous and sustainable manner and the number of personnel required to maintain facilities shall be specified appropriately in the manual as per policy; (ii) Procedure for employing or authorising proficient personnel, for maintenance and operation of the facility or to place into operational service any of the facility listed in the certificate which shall clearly specify the system to - (a) assess the competence of proficient personnel; (b) maintain the continued competence of proficient personnel; and (c) scope of authorisation for proficient personnel. (c) Standards of communication, navigation, surveillance or air traffic management facility.-(i) Details of the technical standards relating to design, installation, commissioning and testing, operation and maintenance that are applicable to facility; (ii) It shall also include any standard specified for such facility by the manufacturer; (iii) Where compliance with a relevant standard is not achieved, the same shall be clearly indicated, and a statement of the reason for non-compliance and its impact on the service provided in terms of the performance of the facility and its impact on air traffic services and aircraft operation; (d) Technical description of facility. - Basic performance descriptors (functional specification) for each of the communication, navigation, surveillance or air traffic management facility. (e) Operation and maintenance plan. - Operation and maintenance plan for each of the communication, navigation, surveillance or air traffic management facility alongwith the documentation of the facility required by the manufacturer, relevant documentations by International Civil Aviation Organisation or documents developed or varied by the holder of certificate based on its knowledge of the performance and maintenance requirements of each facility. (f) Safety management system. - Information on systematic and appropriate safety management system to ensure that safety is maintained in the provision of the communication, navigation, surveillance or air traffic management facility. (g) Test equipments. - (i)Details of test and measuring equipments, including their calibration status, necessary for the operation, performance, inspection, and maintenance, of all of its facilities; (ii) The facility operation and maintenance plan or the instructions of operating and maintenance for each facility shall specify the test equipment requirements for each level of operation and maintenance. (h) Interruption to service - Details of the procedure to be used if operation of communication, navigation and surveillance of air traffic management facility is interrupted. (i) Procedures. - Procedure for conducting all the activities related to installation, operation, maintenance and other matters of communication, navigation, surveillance facilities clearly specifying the duties and responsibilities of each concerned. (j) Procedure for change. - (i) The procedure for change to be made for a facility, its operation and maintenance plan. (ii) The change of procedure shall establish an appropriate authority within the holder of the certificate organization to assess and authorise any changes to operation and maintenance procedures and the procedures for removal and return of facilities to operational service and; (iii) The logistics support of services and the amendment of relevant documentation including the operations manual. (k) Document control. - The manual shall describe the document control process of the holder of service certificate concerning the requirements in this regard. (l) Quality control. - For the use and guidance of personnel, the details of information concerning policies, procedure, practice and quality control method relating to provision of communication, navigation, surveillance or air traffic management facilities and activities of that organization. (m) Security. - (i) The holder of certificate shall ensure that reasonable measures are made for the security of equipment and installation at aeronautical telecommunication stations. (ii) The aeronautical telecommunication stations located outside the aerodrome shall also have provision of suitable security fencing. [\*\*\*] [Schedule V Omitted by Notification No. G.S.R. 732(E) , dated 2.11.2004.] [SCHEDULE VI [Substituted by Notification No. G.S.R. 686 (E) dated 17.9.2009 (w.e.f. 23.3.1937)] PENALTIES (See rule 161) Category I - Offences punishable with imprisonment for a term not exceeding two years or with fine not exceeding ten lakh rupees, or with both : | | | | | --- | --- | --- | | S.No. | Nature of offence | Relevant rule or rules | | 1 | Flying an aircraft without registration | Clause (a) of rule 5 | | 2 | Flying an aircraft without valid certificate of airworthiness or without being maintained in airworthy condition | Clause (i) of sub-rule (1) of rule 15 | | 3 | Contravention of the provisions of rule 29 | Rule 29 | | 4 | Non-compliance with the provisions of rule 38A | Rule38A | | 5 | Operating an aircraft without specified minimum crew | Sub-rule (7) of rule 38A | | 6 | Flying an aircraft without valid and appropriate pilot's licence, rating or medical fitness | Rules 6, 6A and 39C | | [\* \* \*] [Omitted for the words "7" by Notification No. G.S.R. 535 (E) dated 5.7.2012 (w.e.f. 23.3.1937)] | [\* \* \*] [Omitted for the words "Failure to notify or report accidents" by Notification No. G.S.R. 535 (E) dated 5.7.2012 (w.e.f. 23.3.1937)] | [\* \* \*] [Omitted for the words "Rules 68 and 69" by Notification No. G.S.R. 535 (E) dated 5.7.2012 (w.e.f. 23.3.1937)] | | 8 | Operation of a scheduled air transport service without permission | Sub-rule(1) of rule 134 | | 9 | Operation of a non-scheduled air transport service without permission | Sub-rule(3) of rule 134 | | 10 | Contravention of the provisions of rule 158 | Rule 158 | | 11 | Contravention of the provisions of rule 158A | Rule 158A | Category II - Offences punishable with imprisonment for a term not exceeding one years or with fine not exceeding five lakh rupees, or with both : | | | | | --- | --- | --- | | S.No. | Nature of offence | Relevant rule or rules | | 1 | Flying an aircraft in contravention of rule 5A | Rule 5A | | 2 | Non-compliance with the direction issued under sub-rule (2) of rule 7A | Sub-rule (2) of rule 7A | | 3 | Unauthorised carriage of arms, ammunitions, explosives, military stores etc. | Rule 8 | | 4 | Contravention of the provisions of rule 9 relating radio-telegraph apparatus | Rule 9 | | 5 | Contravention of the provisions of rule 12 | Rule 12 | | 6 | Unauthorised photography at a Government aerodrome or from an aircraft in flight | Rule 13 | | 7 | Unauthorised use of aircraft for aerial work | Rule 14 | | 8 | Non-compliance with the terms and conditions of certificate of airworthiness | Clause (ii) of sub-rule (1) of rule 15 | | 9 | Flying an aircraft without having on board the required serviceable equipment | Clause (iv) of sub-rule (1) of rule 15 | | 10 | Non-compliance with the directions issued under sub-rule (1) of rule 24 | Sub-rule (2) of 18 | | 11 | Contravention of the provisions of sub-rules (1) , (3) and (4) of rule 24 | Sub-rules (1) , (3) and (4) of rule 24 | | 12 | Contravention of the provisions of rule 25A relating to fuelling of aircraft | Rule 25A | | 13 | Contravention of the provisions of rule 25B relating to housing of aircraft | Rule 25B | | 14 | Contravention of the provisions of rule 26 relating to dropping of articles and descent by parachutes | Rule 26 | | 15 | Carriage of persons in unauthorised parts of aircraft | Rule 27 | | 16 | Flying an aircraft in contravention of rule 28 or 28A | Rule 28 and 28A | | 17 | Violation of the provisions of temporary certificate of registration issued under rule 32 | Rule 32 | | 18 | Contravention of provisions of sub-rule (1) of rule 38B | Sub-rule (1) of rule 38B | | 19 | Destruction, multilation etc. of any entry in the log books or making of any false and fraudulent entry therein | Rule 67B | | 20 | Contravention of or non-compliance with any of the conditions specified in the order under sub-rule (1A) of rule 134 | Sub-rule (1A) of rule 134 | | 21 | Contravention of or non-compliance with the conditions attached to the permission under the bilateral agreement or to the temporary authorisation | Sub-rule(2) of rule 134 | | 22 | Contravention of or non-compliance with the conditions attached to the permission for operation of non-scheduled services | Sub-rule (3) of rule 134 | | 23 | Non-compliance with requirements contained in rule 140 | Rule 140 | | 24 | Obstructing any person acting in the exercise of his powers or in discharge of his duties under the provisions of the Aircraft Rules, 1937 | Rule 159 | | 25 | Contravention of the provisions of Schedule XI by an air transport undertaking | Schedule XI | Category III - Offences punishable with imprisonment for a term not exceeding six months or with fine not exceeding two lakh rupees, or with both : | | | | | --- | --- | --- | | S.No. | Nature of offence | Relevant rule or rules | | 1 | Flying an aircraft not bearing nationality and registration marks | Clause (b) of rule 5 | | 2 | Contravention of the provisions of rule 11 | Rule 11 | | 3 | Non-compliance with the rules of the air | Rule 16 | | 4 | Contravention of the provisions of sub-rule (2) of rule 24 | Sub-rule (2) of rule 24 | | 5 | Contravention of the provisions of rule 29A | Rule 29A | | 6 | Failure to notify change in ownership of the aircraft | Rule 33 | | 7 | Exercising the privileges of a licence without being declared fit after sickness or inquiry or not notifying the details of sickness or injury or not notifying the details of sickness or injury to the Director-General | Sub-rule (2) of rule 42 | | 8 | Violation of the provisions of rule 42A | Rule 42A | | 9 | Contravention of the provisions relating to logging of flight time | Rule 67A | | [\* \* \*] [Omitted for the words "10" by Notification No. G.S.R. 535 (E) dated 5.7.2012 (w.e.f. 23.3.1937)] | [\* \* \*] [Omitted for the words "Failure to notify incidents" by Notification No. G.S.R. 535 (E) dated 5.7.2012 (w.e.f. 23.3.1937)] | [\* \* \*] [Omitted for the words "Rule 77B" by Notification No. G.S.R. 535 (E) dated 5.7.2012 (w.e.f. 23.3.1937)] | | 11 | Operation of a schedule air transport service or a series of landing and departures by any aircraft carrying passengers and cargo for hire and reward from an unlicenced or non-approved aerodrome | Sub-rule (1) of rule 78 and sub-rules(1) and (2) for rule 11 | | 12 | For not maintaining aerodrome in a fit state with adequate markings and not informing the Director-General of any unserviceability | Sub-rule (5) of rule 83 | | 13 | Non-compliance with the directions issued under rule 133A | Rule 133A | | 14 | Non-compliance with the provisions of rule 140A | Rule 140A | | 15 | Non-availability of approved organization, maintenance system and manuals | Sub-rules (1) , (2), (3) and (4) of rule 155A | | 16 | For not maintaining records as required by the Director-General | Sub-rule (7) of rule 155A | | 17 | Denial of access to an authorised person | Sub-rule (3) of rule 156 | | 18 | Contravention of provisions of rule 157 | Rule 157 | Category IV - Offences punishable with imprisonment for a term not exceeding three months or with fine not exceeding one lakh rupees, or with both : | | | | | --- | --- | --- | | S.No. | Nature of offence | Relevant rule or rules | | 1 | Non-carriage of documents as required by rule 7 | Rule 7 | | 2 | Non-carriage of certificate of airworthiness or other certificates on board the aircraft | Clause (iii) of sub-rule (1) of rule 15 | | 3 | Flying Microlight aircraft without meeting the requirements laid down in sub-rule (2) of rule 15 | Sub-rule (2) of rule 15 | | 4 | Non-production of the documents as required by rule 17 | Rule 17 | | 5 | Contravention of the provisions of rule 24C | Rule 34C | | 6 | Contravention of the provision of rule 25 | Rule 25 | | 7 | Contravention of the provisions of rule 29B | Rule 29B | | 8 | Non-compliance with the provisions of rule 37 | Rule 37 | | 9 | Contravention of the provisions of rule 37A | Rule 37A | | 10 | Contravention of the provisions of sub-rules (3) , (5), (6) and (7) of rule 38B | Sub-rules (3) , (5), (6) and (7) of rule 38B | | 11 | Exercising of the privileges of a licence when the physical condition has deteriorated below the required standard | Sub-rule (4) of rule 42 | | 12 | Non-compliance with the provisions of rule 44 | Rule 44 | | 13 | Establishment or alteration of aeronautical beacons without approval | Rule 65 | | 14 | Non-compliance with the provisions governing the issue and maintenance of log books | Rule 67 | | 15 | Non-compliance with the provisions governing the issue and maintenance of log books | Rule 67 | | 16 | Denial of excess to an authorised person for inspection | Rule 82 | | 17 | Alteration in the landing area, building or any structure of the aerodrome affecting the safety of the aircraft without approval of the Director-General | Sub-rule (2) of rule 83 | | 18 | Non-display of tariff charges and levy of non-uniform tariff | Sub-rule (1) of rule 88 | | 19 | Unauthorised entry into terminal charges and levy of non-uniform tariff | Sub-rule (1) of rule 90 | | 20 | Unauthorised entry of any person or vehicle in the movement area of an aerodrome | Sub-rule (2) of rule 90 | | 21 | Leaving any animal, object or bird in the movement area of an aerodrome | Sub-rule (2) of rule 90 | | 22 | Non-compliance with the provisions of rule 92 | Rule 92 | | [22A [Inserted by Notification No. G.S.R. 31(E) , dated 14.1.2015 (w.e.f. 23.3.1937)] | For permitting or cause to be permitted any communication, navigation and surveillance of air traffic management equipment facility to be established or used without being certified by the Director-General. [Inserted by Notification No. G.S.R. 31(E) , dated 14.1.2015 (w.e.f. 23.3.1937)] | Sub-rule (1) of rule 119 [Inserted by Notification No. G.S.R. 31(E) , dated 14.1.2015 (w.e.f. 23.3.1937)] | | 22B [Inserted by Notification No. G.S.R. 31(E) , dated 14.1.2015 (w.e.f. 23.3.1937)] | Contravention of the provisions of sub-rule (2) of rule 125 [Inserted by Notification No. G.S.R. 31(E) , dated 14.1.2015 (w.e.f. 23.3.1937)] | Sub-rule (2) of rule 125] [Inserted by Notification No. G.S.R. 31(E) , dated 14.1.2015 (w.e.f. 23.3.1937)] | | 23 | Non-compliance with the provisions of sub-rules (2A) and (2B) of rule 135 | Sub-rules (2A) and (2B) of rule 135 | | 24 | For not carrying Operations Manual on board the aircraft | Sub-rule (3) of rule 140B | | 25 | For not carrying Route Guide on board the aircraft | Rule 140C | | 26 | Non-compliance with the provisions of sub-rule (1) of rule 141 | Sub-rule (1) of rule 141 | | 27 | Non-compliance with the instructions contained in the manual(s) | Sub-rule (5) of rule 155A | | 28 | For not having a provision for imparting instructions to personnel authorised to certify | Sub-rule (6) of rule 155A | | 29 | The doing of any act prohibited by or under any rule, or failure to do any act required to be done by or under any rule, not specified elsewhere in this Schedule] | -------- | [Inserted by Notification No. G.S.R. 11 (E) dated 10.1.2011 (w.e.f. 23.3.1937)] Substituted by Notification No. G.S.R. 686 (E) dated 17.9.2009 (w.e.f. 23.3.1937) [Inserted by Notification No. G.S.R. 11 (E) dated 10.1.2011 (w.e.f. 23.3.1937)] | | | --- | | SCHEDULE VI PENALTIES (See rule 161) {| | | | Nature of offence | Relevant rule of rules | Penalty | | 1. | Registration and marking of aircraft-Contravention of rules relating to the registration and marking of aircraft. | Rule 5 and the rules in Part IV. | Imprisonment for a term not exceeding one month, or a fine not exceeding rupees two hundred and fifty or both. | | 2. | Documents-Contravention of the rules relating to carriage and production of documents. | 7, 17, 19 | | 3. | Radio-telegraphy-Contravention of the rules relating to the use of radio-telegraph apparatus. | Rule 9 and the rules in Part VII. | | 4. | Mails-Contravention of the rules relating to the carriage of mails. | 10 | | 5. | Aerial work and public transport- 14 Unauthorised use of aircraft for aerial work or public transport. | 14 | | 6. | Log Books-Contravention of the rules governing the issue and maintenance of log books. | 67, 67-A | | 7. | Contravention of the rules relating to personel | 68, 69 | Imprisonment for a term not exceeding two months, or a fine not exceeding rupees five hundred or both. | | 8. | Aerodromes.-Contravention of the rules relating to aerodromes. | Rule 11 and the rules in Part XI | | 9. | Conditions under which aircraft may be flown- | | | | A. Personnel.-Contravention of the rules relating to personnel. | Rule 6 and rules in Part V | | | B. Airworthiness.-Contravention of the rules relating to airworthiness. | Rule 15 and the rules in Part VI | | 10. | Rules of the air.-Contravention of the rules of air | [Rule 16 and the rules in Schedule IV] | | 10A. [] [Inserted by Notification No. G.S.R. 766 (E) dated 17.9.2010 (w.e.f. 23.3.1937)] | Contravention of the provisions of Rules 22 and 23 | Rules 22 and 23 | | 11. | Detention of aircraft.-Acts in contravention of any authorised direction given for the detention of any aircraft. | 18(2) | | 12. | General safety conditions.-Contravention of rules relating to general safety conditions. | The rules in Part III | | 13. | Air-route beacons, etc.-Contravention of the rules relating to the supply, supervision and control of air route beacons, aerodrome lights and light at or in the neighbourbood of aerodrome or air routes. | The rules in Part VIII | | 14. | Prohibited Carriage- | | | | A. Passengers.-(1) Carriage into India of persons without valid passports. | 7-A(1) | Imprisonment for a term not exceeding three months, or a fine not exceeding rupees one thousand or both. | | | (2) Failure to obey directions of empowered authority to transport out of India persons who have been carried without valid passports. | 7-A(2) | | | B. Articles.-Unauthorised carriage on aircraft of certain articles. | 8 | | | [C. Security check.-Contravention of the rules relating to security check of passengers and their hand baggage.] | 8-A | | | 15. [ Prohibited areas.-Unauthorised flights over areas prohibited to aircraft. | 12 | | 15-A. | Contravention of rules relating to photography at Government aerodromes and from aircraft; carriage in aircraft of cameras or other apparatus for recording photographic impressions; or tampering with the seal placed on such camera or apparatus or a bag containing such camera or apparatus by customs officer or aerodrome officer or any other person specially authorised by the Central Government.] | 13, 13-A | | [15-B. | Contravention of rule relating to prohibition of operating Civil aircraft causing sonic boom.] | 29-A | | 16. | Entry and departure of aircraft - Contravention of the conditions under which aircraft may enter or leave India. | The rules in Part IX of the Indian Aircraft Rule, 1920 | | 17. | Aircraft accident.-Removal of, or interference with aircraft to which an accident has occurred. | 70 | | 18. | Investigation of accidents.-Obstruction of proceedings. | 76 | | 18-A. | Air transport service - Contravention of the rule relating to air transport services. | 134 | | [18-B. | Contravention of rules pertaining to maintenance and production of records relating to tariff.] | 135 | | 19. | Documents.-Loan of or allowance of use of any license or certificate issued under the rule. | 157 | | 20. | Foreign military aircraft - Unauthorised flight or assistance in such flight. | 158 | | 21. | Obstruction of authorised persons in the performance of their duties, under the rules. | 159 | | [21-A.] [Inserted by Notification No. G.S.R. 167 (E) dated 13.3.2009 (w.e.f. 23.3.1937)] | [Failure to comply with any direction issued under rule 133-A] [Inserted by Notification No. G.S.R. 167 (E) dated 13.3.2009 (w.e.f. 23.3.1937)] | [133-A, 161] [Inserted by Notification No. G.S.R. 167 (E) dated 13.3.2009 (w.e.f. 23.3.1937)] | | 22. [] [Inserted by Notification No. G.S.R. 167 (E) dated 13.3.2009 (w.e.f. 23.3.1937)] | [The doing of any act prohibited by or under any rule, or failure to do any act required to be done by or under any rule, not specified elsewhere in this Schedule.] [Inserted by Notification No. G.S.R. 167 (E) dated 13.3.2009 (w.e.f. 23.3.1937)] | [.......] [Inserted by Notification No. G.S.R. 167 (E) dated 13.3.2009 (w.e.f. 23.3.1937)] | |} [\*\*\*] [\*\*\*] [\*\*\*] [\*\*\*] [SCHEDULE XI GRANT OF PERMISSION TO OPERATE SCHEDULE AIR TRANSPORT SERVICES [See sub-rule(1) and (1A) of rule 134] [The whole Schedule XI was inserted by G.S.R. No. 1087 dated 19-7-1965] ### 1. [Air Operator Certificate] [Substituted words "Permission" by Notification No. G.S.R. 32 (E) dated 13.1.2015 (w.e.f. 23.3.1937)] to operate Scheduled air transport services in pursuance of sub rule (1) and (1A) of rule 134 (hereinafter referred to as the [Air Operator Certificate] [Substituted words "permit" by Notification No. G.S.R. 32 (E) dated 13.1.2015 (w.e.f. 23.3.1937)] ) may be granted either- (i) to a citizen of India, or (ii) to a company or a body corporate provided that- (a) it is registered and has its principal place of business within India; (b) the Chairman and at least two-thirds of its Directors are citizens of India; and (c) its substantial ownership and effective control is vested in Indian nationals. ### 2. The Director-General shall be the authority to examine the applications for [Air Operator Certificate] [Substituted words "permit" by Notification No. G.S.R. 32 (E) dated 13.1.2015 (w.e.f. 23.3.1937)] and for issuing cancelling or suspending such [Air Operator Certificate] [Substituted words "permit" by Notification No. G.S.R. 32 (E) dated 13.1.2015 (w.e.f. 23.3.1937)] . ### 3. The Central Government may appoint two or more persons possessing specialised knowledge and experience of Civil Aviation to act as advisers to the Director-General to assist him in the performance of his functions under this Schedule. ### 4. The Central Government may appoint a Secretary and such other persons as may be considered necessary to assist the Director-General in the discharge of the duties conferred on him by the Schedule. The Secretary and all such persons shall be subordinate to and under the administrative control of the Director-General and form part of his establishment. ### 5. (1) Every application for a [Air Operator Certificate] [Substituted words "permit" by Notification No. G.S.R. 32 (E) dated 13.1.2015 (w.e.f. 23.3.1937)] shall be made to the Director-General not less than ninety days before the date on which it is desired to commence the service unless the Director-General has appointed a last date for the receipt of applications in which case the applications shall be made on or before that date or such later date as may be fixed by the Director-General. (2) Every application shall be made in such form and contain such particulars as may be prescribed by the Director-General and shall be signed by the person applying for the [Air Operator Certificate] [Substituted words "permit" by Notification No. G.S.R. 32 (E) dated 13.1.2015 (w.e.f. 23.3.1937)] and, if made by any body corporate, shall be signed by a person duly authorised in that behalf by such body and shall be accompanied by such particulars as may be required for the purposes of this Schedule. (3) [ A fee of [fifty thousand rupees] [Substituted by Notification No. G.S.R. 181(E) dated 29.3.2006 (w.e.f. 1.4.2006).] shall be payable for making an application under sub-paragraph (1) .] (4) [ A fee of rupees twenty lakhs shall be payable for the issuance of an Air Operator Certificate and rupees ten lakhs shall be payable for renewal thereof.] [Substituted by Notification No. G.S.R. 32 (E) dated 13.1.2015 (w.e.f. 23.3.1937)] (5) [ The fee shall be paid by Demand Draft drawn in favour of the Accounts Officer, Central Pay and Accounts Office, Civil Aviation Department, New Delhi.] [Inserted by Notification No. G.S.R. 181(E) dated 29.3.2006 (w.e.f. 1.4.2006).] ### 6. The Director-General shall cause to be published in the Official Gazette, particulars regarding each application for a [Air Operator Certificate] [Substituted words "permit" by Notification No. G.S.R. 32 (E) dated 13.1.2015 (w.e.f. 23.3.1937)] and the date, not being less than thirty days after the date of publication, on which the application shall be taken into consideration. ### 7. Any person may, not less than ten days before the date specified for the consideration of the application by the Director-General, make a representation to the Director-General in writing, setting out the specific grounds on which the representation is made. A copy of every such representation shall be sent by the person making it to the applicant for the [Air Operator Certificate] [Substituted words "permit" by Notification No. G.S.R. 32 (E) dated 13.1.2015 (w.e.f. 23.3.1937)] at the same time as it is sent to the Director-General and a certificate to that effect shall be attached to the representation. The Director-General may, at his discretion, give an opportunity to the person making the representation to state his views in the presence of the applicant for the [Air Operator Certificate] [Substituted words "permit" by Notification No. G.S.R. 32 (E) dated 13.1.2015 (w.e.f. 23.3.1937)] . The Director-General may, at his discretion, require any person making a representation under this paragraph to produce evidence in support of any statement he may make. [\*\*\*] ### 8. (1) The Director-General shall consider the application for [Air Operator Certificate] [Substituted words "permit" by Notification No. G.S.R. 32 (E) dated 13.1.2015 (w.e.f. 23.3.1937)] and any representation made in respect thereof as speedily as possible and may, at his discretion, either refuse or grant the [Air Operator Certificate] [Substituted words "permit" by Notification No. G.S.R. 32 (E) dated 13.1.2015 (w.e.f. 23.3.1937)] for such period and subject to such conditions as may be specified in the [Air Operator Certificate] [Substituted words "permit" by Notification No. G.S.R. 32 (E) dated 13.1.2015 (w.e.f. 23.3.1937)] . The Director-General may, in his discretion, allow an opportunity to the applicant or his representative, for appearing before him in support of the application and may also give an opportunity to the person or persons making respresentations against the application to appear before him at the same or different times. (2) For the disposal of the application, the Director-General shall consider, in particular- (i) Whether having regard to the applicant's experience and financial resources and his ability to provide satisfactory equipment, organization and staffing arrangements, and having regard also to any contravention in respect of aircraft operated by him of the provisions of the Aircraft Act, 1934 (22 of 1934) and the rules made thereunder, the applicant is competent and a fit and proper person to operate aircraft on scheduled air transport services; (ii) the provisions made or proposed to be made against any liability in respect of loss or damage to persons or property which may be incurred in connection with the aircraft operated by the applicant; (iii) the existing or potential need or demand for the scheduled air transport service applied for ; (iv) in the case of any scheduled air transport service proposed, the adequacy of any other air transport service already authorised under rule 134; (v) the extent to which any scheduled air transport service proposed would be likely to result in wasteful duplication of or in material diversion of traffic from any air transport service which is being or is about to be provided under a permission issued under rule 134;[\*\*\*] (vi) any capital or other expenditure reasonably incurred or any financial commitment or commercial agreement reasonably entered into, in connection with the operation of aircraft on air transport service by any person (including the applicant); (vii) if the tariffs for the proposed scheduled air transport service are reasonable; and [\* \* \*] [Omitted sub-rule (viii) by Notification No. G.S.R. 32 (E) dated 13.1.2015 (w.e.f. 23.3.1937)] (3) The Director-General may, at any time, require the applicant to furnish any information which the Director-General considers necessary for deciding the application. The Director-General may also require the applicant to produce evidence in support of any information that the applicant may have furnished. ### 9. The [Air Operator Certificate] [Substituted words "permit" by Notification No. G.S.R. 32 (E) dated 13.1.2015 (w.e.f. 23.3.1937)] shall be valid for a period not exceeding five years as may be fixed by the Director-General at the time it is granted. ### 10. [ The Air Operator certificate shall contain such information as prescribed by the Director General] [Substituted by Notification No. G.S.R. 32 (E) dated 13.1.2015 (w.e.f. 23.3.1937)] ### 11. The grant of [Air Operator Certificate] [Substituted words "permit" by Notification No. G.S.R. 32 (E) dated 13.1.2015 (w.e.f. 23.3.1937)] shall not be construed as in any way absolving any person from the obligation of complying with the provisions of the Aircraft Act, 1934 (22 of 1934), the Carriage by Air Act, 1972 (69 of 1972) or with the rules made there under or with any other statutory provisions. ### 12. Any schedule air transport service operated in accordance with this schedule shall comply with the safety requirements with respect to air routes, aircraft and aircrew specified by the Director General. Omitted by Notification No. G.S.R. 32 (E) dated 13.1.2015 (w.e.f. 23.3.1937) [Inserted by Notification No. G.S.R. 399 (E) , dated 31.3.2016 (w.e.f. 23.3.1937).] | | | --- | | 13. (1) The holder of a permit shall maintain an Operations Manual in the form approved by the Director-General. (2) The Operations Manual shall, in addition to any other relevant information, contain the following particulars, namely :- (a) instructions outlining the responsibilities of operations personnel pertaining to the conduct of flight operations. (b) the flight crew for each stage of all routes to be flown including the designation of the succession of command. (c) in-flight procedure, (d) emergency flight procedure, (e) the minimum safe flight altitude for each route to be flown, (f) the circumstances in which a radio listening watch is to be maintained, (g) a list of the navigational equipments to be carried, (h) any other information required to be included by the Director-General. (3) A copy of the Operations Manual, or such part of the Manual as may be prescribed by the Director-General, shall be carried on all aircraft engaged in scheduled air transport service. 14. All aircraft engaged in scheduled air transport service shall carry a 'Route Guide' which shall, in addition to any other relevant information, contain the following particulars, namely :- (a) communication facilities, navigation aids and a list of aerodromes, available on the route to be flown, (b) instrument 'let down' procedure for aerodromes on the route, or, those likely to be used as 'alternates', (c) meteorological minima for each of the aerodromes on the route to be flown and that are likely to be used as regular or alternate aerodromes, (d) specific instructions for computation of the quantities of fuel and oil to be carried on each route having regard to all the circumstances of operation, including the possibility of the failure of one or more engines of the aircraft, and (e) any other information required to be included by the Director-General. | ### 15. (1) If the Director-General is satisfied that there is sufficient ground for doing so, he may, for reasons to be recorded in writing, cancel the [Air Operator Certificate] [Substituted words "permit" by Notification No. G.S.R. 32 (E) dated 13.1.2015 (w.e.f. 23.3.1937)] or suspend it for any specific period. He may also, during the investigation of any matter, suspend the [Air Operator Certificate] [Substituted words "permit" by Notification No. G.S.R. 32 (E) dated 13.1.2015 (w.e.f. 23.3.1937)] . (2) Without prejudice to the generality of the power in sub-paragraph (1), the Director-General may cancel or suspend the [Air Operator Certificate] [Substituted words "permit" by Notification No. G.S.R. 32 (E) dated 13.1.2015 (w.e.f. 23.3.1937)] for such period as he thinks fit, if he is satisfied- (a) that any of the conditions of the [Air Operator Certificate] [Substituted words "permit" by Notification No. G.S.R. 32 (E) dated 13.1.2015 (w.e.f. 23.3.1937)] has not been complied with and the failure is due to any wilful act or default on the part of the holder of the [Air Operator Certificate] [Substituted words "permit" by Notification No. G.S.R. 32 (E) dated 13.1.2015 (w.e.f. 23.3.1937)] or by any of his servants, or agents, irrespective of whether or not such wilful act or default of the servant or agent was with the knowledge or approval of the holder of the [Air Operator Certificate] [Substituted words "permit" by Notification No. G.S.R. 32 (E) dated 13.1.2015 (w.e.f. 23.3.1937)] ; or (b) that the holder of the [Air Operator Certificate] [Substituted words "permit" by Notification No. G.S.R. 32 (E) dated 13.1.2015 (w.e.f. 23.3.1937)] has failed to establish a safe, efficient and reliable service; or (c) that having regard to the financial resources of the holder of the [Air Operator Certificate] [Substituted words "permit" by Notification No. G.S.R. 32 (E) dated 13.1.2015 (w.e.f. 23.3.1937)] or the losses incurred by him, he cannot be relied upon to continue the operation of the service in a safe, efficient and reliable manner; or (d) that such substantial changes have taken place in regard to the matters specified in sub-paragraph (2) of paragraph 8 as to render it necessary or expedient in the public interest or in the interest of safety to cancel or suspend the [Air Operator Certificate] [Substituted words "permit" by Notification No. G.S.R. 32 (E) dated 13.1.2015 (w.e.f. 23.3.1937)] ; or (e) that the [Air Operator Certificate] [Substituted words "permit" by Notification No. G.S.R. 32 (E) dated 13.1.2015 (w.e.f. 23.3.1937)] was obtained by fraud. (3) Before any action is taken under sub-paragraph (1) or sub-paragraph (2), the Director-General shall give to the holder of the [Air Operator Certificate] [Substituted words "permit" by Notification No. G.S.R. 32 (E) dated 13.1.2015 (w.e.f. 23.3.1937)] not less than fifteen days' notice in writing specifying the ground or grounds upon which it is proposed to cancel or, as the case may be, suspend the [Air Operator Certificate] [Substituted words "permit" by Notification No. G.S.R. 32 (E) dated 13.1.2015 (w.e.f. 23.3.1937)] and shall give him an opportunity of showing cause either in writing or by appearing in person before the Director-General against the action proposed to be taken. (4) Notwithstanding anything contained in sub-paragraph (3), the Director-General, may, if he has reason to believe on reliable information that it is expedient in the interest of public safety so to do, summarily suspend the [Air Operator Certificate] [Substituted words "permit" by Notification No. G.S.R. 32 (E) dated 13.1.2015 (w.e.f. 23.3.1937)] with a view to make further enquiry and take action. (5) The [Air Operator Certificate] [Substituted words "permit" by Notification No. G.S.R. 32 (E) dated 13.1.2015 (w.e.f. 23.3.1937)] shall cease to be in force from the date of such cancellation or suspension unless otherwise directed. ### 16. The Director-General may, at any time, whether of his own motion or on application made by any party, correct clerical or typographical error in any of his orders arising from any accidental slip or omission. [\* \* \*] [Omitted words "The Director-General shall cause to be published in the Official Gazette his decision regarding cancellation or suspension of the permit" by Notification No. G.S.R. 32 (E) dated 13.1.2015 (w.e.f. 23.3.1937)] ### 18. Any [Air Operator Certificate] [Substituted words "permit" by Notification No. G.S.R. 32 (E) dated 13.1.2015 (w.e.f. 23.3.1937)] granted under this Schedule shall not be capable of being transferred or assigned except with the specific permission of the Director-General :- Provided that in the event of death, or bankruptcy of the holder of the [Air Operator Certificate] [Substituted words "permit" by Notification No. G.S.R. 32 (E) dated 13.1.2015 (w.e.f. 23.3.1937)] or of the appointment of a receiver, manager or trustee, in relation to the business of the holder, the person for the time being carrying on that business shall, if he makes an application within 14 days of the said event to the Director-General for a new [Air Operator Certificate] [Substituted words "permit" by Notification No. G.S.R. 32 (E) dated 13.1.2015 (w.e.f. 23.3.1937)] , be entitled to continue the operation of the scheduled air transport service until the application is disposed of, or unless the Director-General has directed otherwise in the interest of public convenience. [\* \* \*] [Omitted sub-rule 19 words "Nothing herein contained shall be construed as conferring upon the holder of a permit on its expiry any right to the issue of a new permit for the operation of a service on the same route or to the continuance of any other benefits under this Schedule:" by Notification No. G.S.R. 32 (E) dated 13.1.2015 (w.e.f. 23.3.1937)] Provided, however, that if the holder of a [Air Operator Certificate] [Substituted words "permit" by Notification No. G.S.R. 32 (E) dated 13.1.2015 (w.e.f. 23.3.1937)] applies for a new [Air Operator Certificate] [Substituted words "permit" by Notification No. G.S.R. 32 (E) dated 13.1.2015 (w.e.f. 23.3.1937)] to continue the operation for a further period and if the Director-General is satisfied that the scheduled air transport service has been operated efficiently and in the best interests of the public and that the Corporations or their associates do not propose to operate on the route, the Director-General shall give preference to the holder of the [Air Operator Certificate] [Substituted words "permit" by Notification No. G.S.R. 32 (E) dated 13.1.2015 (w.e.f. 23.3.1937)] . ### 20. (1) The [Air Operator Certificate] [Substituted words "permit" by Notification No. G.S.R. 32 (E) dated 13.1.2015 (w.e.f. 23.3.1937)] shall be kept at the principal office of the holder thereof and shall be produced for inspection on demand by any Magistrate, any Police Officer not below the rank of a Deputy Superintendent of Police, any officer of customs, any Gazetted officer of the [Directorate General of Civil Aviation] [Substituted words "Civil Aviation Department" by Notification No. G.S.R. 32 (E) dated 13.1.2015 (w.e.f. 23.3.1937)] , or any other person authorised by the Central Government or the Director-General by special or general order in writing in this behalf. (2) A copy of the [Air Operator Certificate] [Substituted words "permit" by Notification No. G.S.R. 32 (E) dated 13.1.2015 (w.e.f. 23.3.1937)] shall be displayed at a conspicuous place in the principal traffic office of he holder of the [Air Operator Certificate] [Substituted words "permit" by Notification No. G.S.R. 32 (E) dated 13.1.2015 (w.e.f. 23.3.1937)] . (3) On the expiration of a [Air Operator Certificate] [Substituted words "permit" by Notification No. G.S.R. 32 (E) dated 13.1.2015 (w.e.f. 23.3.1937)] , whether by efflux of time or in consequence of a decision of the Director-General under this Schedule or when a [Air Operator Certificate] [Substituted words "permit" by Notification No. G.S.R. 32 (E) dated 13.1.2015 (w.e.f. 23.3.1937)] is suspended by the Director-General, the holder shall surrender the [Air Operator Certificate] [Substituted words "permit" by Notification No. G.S.R. 32 (E) dated 13.1.2015 (w.e.f. 23.3.1937)] to the Director-General for cancellation or endorsement as the case may be. ### 21. [ The holder of an Air Operator Certificate shall perform such services for conveyance of mail or any other items as specified by the Director General.] [Substituted by Notification No. G.S.R. 32 (E) dated 13.1.2015 (w.e.f. 23.3.1937)] ### 22. Every person to whom a [Air Operator Certificate] [Substituted words "permit" by Notification No. G.S.R. 32 (E) dated 13.1.2015 (w.e.f. 23.3.1937)] has been granted under this Schedule shall submit to the Director-General in such form as may be prescribed by him :- (a) monthly returns regarding the operation of the permitted air transport service and other air transport operations so as to reach the Director-General not later than 45 days after the expiry of the month to which the return relates; (b) annual return showing the financial results of the services or operations during each calendar year so as to reach the Director-General not later than three months after the expiry of the year to which the return relates; and (c) such other statements or returns as may be required by the Director-General. ### 23. Any applicant or a holder of a [Air Operator Certificate] [Substituted words "permit" by Notification No. G.S.R. 32 (E) dated 13.1.2015 (w.e.f. 23.3.1937)] , aggrieved by an order of the Director-General rejecting the application, cancelling or suspending such [Air Operator Certificate] [Substituted words "permit" by Notification No. G.S.R. 32 (E) dated 13.1.2015 (w.e.f. 23.3.1937)] , as the case may be, may, within a period of thirty days from the date of such order, prefer an appeal to the Central Government and the decision of the Central Government on such appeal shall be final. XII ----- [\*\*\*] [Schedule XII Omitted by Notification No. 636(E) , dated 22.9.2004.] [Inserted by Notification No. G.S.R. 399 (E) , dated 31.3.2016 (w.e.f. 23.3.1937).] [Inserted by Notification No. G.S.R. 399 (E) , dated 31.3.2016 (w.e.f. 23.3.1937).] [Substituted by Notification No. G.S.R. 94 (E) dated 13.2.2009 (w.e.f. 23.3.1937)]

65ba90efab84c7eca86ec1df

acts

Union of India - Act ---------------------- Insolvency and Bankruptcy Board of India (Medical Facility to Chairperson and Whole-time Members) Scheme Rules, 2019 ---------------------------------------------------------------------------------------------------------------------- UNION OF INDIA India Insolvency and Bankruptcy Board of India (Medical Facility to Chairperson and Whole-time Members) Scheme Rules, 2019 ====================================================================================================================== Rule INSOLVENCY-AND-BANKRUPTCY-BOARD-OF-INDIA-MEDICAL-FACILITY-TO-CHAIRPERSON-AND-WHOLE-TIME-MEMBERS-SCHEME-RULES-2019 of 2019 -------------------------------------------------------------------------------------------------------------------------------- * Published on 2 August 2019 * Commenced on 2 August 2019 Insolvency and Bankruptcy Board of India (Medical Facility to Chairperson and Whole-time Members) Scheme Rules, 2019 Published vide Notification No. G.S.R. 553(E) , dated 2.8.2019 Last Updated 6th August, 2019 Ministry of Corporate Affairs G.S.R. 553(E) . - In exercise of the powers conferred by clause (zd) of sub-section (2) of section 239 read with sub-section (5) of section 189 of the Insolvency and Bankruptcy Code, 2016 (31 of 2016) and in supersession of the Insolvency and Bankruptcy Board of India (Medical Facility to Chairperson and Whole-time Members) Scheme, 2019, except as respects things done or omitted to be done before such supersession, the Central Government hereby makes the following rules, namely: - ### 1. Short title and commencement. (1) These rules may be called the Insolvency and Bankruptcy Board of India (Medical Facility to Chairperson and Whole-time Members) Scheme Rules, 2019. (2) They shall come into force on the date of their publication in the Official Gazette. ### 2. Definitions. - In these rules, unless the context otherwise requires, - (a) "Code" means the Insolvency and Bankruptcy Code, 2016 (31 of 2016) ; (b) family mean, - (i) self; (ii) spouse; (iii) parents(female employee can have either her parents or her parents- in-law as dependents); (iv) sisters, widowed sisters, widowed daughters, minor brothers and minor sisters; (v) children and step-children normally residing with the employee (son up to the age of twenty-five years or till his marriage, whichever is earlier, and daughter till she gets married); (vi) divorced or separated daughters (including their minor children) and step-mother; Explanation. - For the purposes of this clause, it is hereby clarified that, except for spouse, the family members must be dependent on the employee; (c) "Group Mediclaim Policy" means health insurance policy as being purchased by the Insolvency and Bankruptcy Board of India for their employees. (d) words and expressions used in these rules but not defined, and defined in the Code shall have the meanings respectively assigned to them in the Code. ### 3. Outdoor treatment. - The Chairperson and the whole-time members shall be entitled to reimbursement of expenses incurred on outdoor medical treatment, including medicines, tests, procedures, dentures and spectacles, for self and family members, as per actuals subject to maximum expenditure upto sixty-five thousand rupees annually if claim is supported by prescription of a registered medical practitioner or Government hospital or private hospital registered under the law. ### 4. Indoor treatment. (1) The Chairperson and the whole-time members shall be covered under a Group Mediclaim Policy with an annual cover up to fifteen lakh rupees for self and family subject to the condition that treatment has been taken as per the terms and conditions of the Group Mediclaim Policy. (2) The Insolvency and Bankruptcy Board of India will bear the expenditure towards premium for coverage under a family floater Group Mediclaim Policy. ### 5. Monthly subscriptions. (1) The monthly subscription payable by the Chairperson and the whole-time members shall be at the rate of one thousand rupees per month. (2) The subscription once paid shall not be refundable. (3) The monthly subscription so received shall be utilised for payment towards purchase of Group Mediclaim Policy, referred to in rule 4, for the Chairperson and the whole-time members and other related expenses on treatment. ### 6. Exercise of option by beneficiary. - In case the beneficiary of the scheme under these rules is also the beneficiary of the Central Government Health Scheme or other health scheme, the beneficiary shall have to exercise option for availing of any one Scheme.

65b92205ab84c7eca86e862b

acts

State of Uttar Pradesh - Act ------------------------------ Uttar Pradesh Milk Act, 1976 ------------------------------ UTTAR PRADESH India Uttar Pradesh Milk Act, 1976 ============================== Act 7 of 1976 --------------- * Published on 1 January 1976 * Commenced on 1 January 1976 Uttar Pradesh Milk Act, 1976 (U.P. Act No. 7 of 1976 ) Last Updated 26th February, 2020 For Statement of Objects and Reasons, see Uttar Pradesh. Gazette, Extraordinary, dated April 8, 1976. [Passed in Hindi by the Uttar Pradesh Legislative Assembly on April 8, 1976 and by the Uttar Pradesh Legislative Council on April 6, 1976. Received the assent of the Governor on April 16, 1976, under Article 200 of 'the Constitution of India', and was published in the Uttar Pradesh Gazette, Extraordinary, dated April 17, 1976.] An Act to provide for the regulation and control of production, supply and distribution of milk and its conversion into milk products with a view to development of dairy industry in the State, and for matters connected therewith. It is Hereby enacted in the Twenty-seventh Year of the Republic of India as follows;- Chapter 1 1. Short title, extent and commencement. ------------------------------------------------------- (1) This Act may be called the Uttar Pradesh Milk Act, 1976. (2) It extends to the whole of Uttar Pradesh. (3) It shall come into force on such [date] [Under notification no. 1494-C (3) XII·C B-8-73, dated May 11, 1976. The Governor is hereby appoint; May 11, 1976 as a date on which all the sections except 11,12, 13,14, 16 and 17 of the said Act wall come into force.] as the State Government may by notification appoint in this behalf, and different dated may be appointed for different areas of Uttar Pradesh and for different provisions of this Act. ### 2. Definitions. - In this Act- (a) "authorized person" and "authorized agency" respectively, mean a person and "agency authorized by the Board by notification for any purpose under this Act; (b) Board" means the Uttar Pradesh Rajya Dugdh Parshad, constituted by the State Government by notification under section 3; (c) "dairy" means any premises where machinery is used for cooling, heating or any other treatment of milk or for converting milk into milk products or packaging of milk or milk products; (d) "Fund" means the Uttar Pradesh Milk Development Fund created under section 9; (e) "licence" means a licence issued by the Licensing Authority under this Act; (f) "Licensing Authority" means an officer authorized by the Milk Commissioner in this behalf; (g) "manufacturer" means a person or establishment engaged in the manufacture of milk products or in the preparation of items containing milk solids; (h) "processor" means a person or establishment engaged in the collection or treatment of liquid milk, such as chilling, heating or any other treatment for augmenting the marketable life of milk; (i) "milk" means lacteal secretion from cow Or buffalo; (j) "Milk Commissioner" means the Milk Commissioner appointed under section 7; (k) "milk, product" means any commodity manufactured from milk, separated milk, butter milk or whey, and includes powders, condensed or evaporated milk, Creem, cheese, ghee, khoa, dahi, chhena, casein, ice-cream or any other product as may be notified by the Board to be milk products (l) "reserved area" means the area specified in an order made under section 12. Chapter II Constitution and Functions of the Board ------------------------------------------------------- ### 3. Constitution of the Board. - The State Government shall, by notification and with effect from a date to be specified therein, constitute a Board to be known as the Uttar Pradesh Rajya Dugdh Parishad which shall be a body corporate with power, subject to the provisions of this Act and the rules made thereunder, to acquire, hold and dispose of property. ### 4. Member of the Board. - The Board shall consist of the following : (a) Commissioner and the Secretary to the State Government, incharge of Agriculture Production and Rural Development, who shall be the Chairman of the Board, ex-officio; (b) The Chairman, Pradeshik Co-operative Dairy Federation Ltd., ex- officio, who shall be the Vice-Chairman of the Board, ex -officio; (c) the Secretary to the State Government, Finance Department, Uttar Pradesh, ex -officio; (d) Special Secretary or Joint Secretary, as the case may be, to the State Government in the Pashudhan Department Uttar Pradesh, ex officio; (e) the Director of Animal Husbandry, Uttar Pradesh, ex officio; (f) the Director of Agriculture, Uttar Pradesh, ex officio; (g) the Registrar, Co-operative Societies, Uttar Pradesh, ex officio; (h) the Director of Medical and Health Services, Uttar Pradesh, ex officio; (i) four representatives of milk producers, unions, to be nominated by the State Government; (j) two representatives of dairies registered under the Industries (Development and Regulation) Act, 1951, in Uttar Pradesh, to be nominated by the State Government; (k) two persons representing the consumers' interests, to be nominated by the State Government; and (l) the Milk Commissioner, ex-officio, who shall be the Member-Secretary of the Board. ### 5. Term or non- official members. - The term of office of non-official members shall be three years from the date of notification of their appointment. ### 6. Functions of the Board. (1) Subject to the provisions of this Act, the functions of the Board shall generally be to plan, control, develop and regulate milk production and dairy industry in the State. (2) In particular and without prejudice to the generality of the provisions of sub-section (1), the Board may take such steps as it may think fit - (a) to prepare plans and schemes for the development of dairy industry in the State; (b) to regulate and provide for the supply of milk to dairies and processors and manufacturers of milk or processed milk, for manufacture and sale of milk products; (c) to assist entrepreneurs in preparing projects for setting up new dairies and to accord approval for the same; (d) to initiate, guide and co-ordinate activities concerning breeding of livestock, provision of balanced cattle feed and fodder to producers and control and treatment of cattle diseases; (e) to regulate the price of milk and milk products; (f) to secure funds for and to incur expenditure in connexion with the discharge of functions undertaken by the board; and (g) to take such other measures as may be prescribed. ### 7. Appointment of Milk Commissioner. - The State Government shall for purposes of this Act appoint a Milk Commissioner who shall perform the duties and exercise all powers conferred or imposed upon him by or under this Act. ### 8. Employees of the Board. (1) The Milk Commissioner shall be the Chief Executive Officer of the Board. (2) Subject to any general or special orders of the State Government the Board may, appoint such officers and employees as it considers necessary for the efficient performance of its functions under this Act and on such terms and conditions as it thinks fit. (3) Subject to the superintendence of the Board, the general control and direction over all the officers and employees referred to in sub-section (2) shall be vested in the Milk Commissioner. ### 9. Milk Development Fund. (1) There shall be established a fund to be called the Uttar Pradesh Milk Development Fund, which shall be administered and controlled by the Board and to which all moneys received en behalf of the Board shall be credited. (2) In particular, and without prejudice to the generality of the provisions of sub-section (1), the income of the Board from the following sources, shall be credited to the fund:- (a) amount to be credited to the fund by Government out of the proceeds of cess to be imposed under section 16; (b) licensing fees received under the provisions of this Act; (c) grants and subventions received from the State or Central Government or from any other organization or body. ### 10. External Control. (1) The Board shall furnish to the State Government, at such times and in such form and manner as the State Government may by general or special order direct, such returns, reports and statements as the State Government may from time to time require. (2) Without prejudice to the provisions of sub-section (1), the Board shall, within two months after the end of each financial year, submit to the State Government giving a true and full account of its activities, policies and programmes during the previous financial year. (3) The accounts of the Board shall be deemed to be a local fund and be audited by the Examiner, Local Fund Accounts, Uttar Pradesh. (4) In the discharge of its functions, the Board shall be guided by such directions on questions of policy all may be given to it by the State Government. (5) If any question arises whether any matter is or is not a matter as respects which the State Government may issue a direction under sub-section (4), the decision of the State Government shall be final. Chapter III Registration, Licence, Cess and Restrictions ------------------------------------------------------------- ### 11. Licensing of Dairy Processor or manufacturer. (1) No person shall after the commencement of this Act set up a dairy or milk processing unit handling or having installed capacity for handling milk or milk products in quantities exceeding the limit specified by the Board in this behalf except under a licence in that behalf. (2) No person shall on or after the date to be appointed in this behalf by the State Government by notification (such date being not earlier than three months after the commencement of this Act), carry on business of dairy or as processor or manufacturer, handling or having installed capacity for handling milk or milk products in quantities exceeding the limits specified by the Board by notification in this behalf, except under a licence in that behalf. (3) Notwithstanding anything contained in sub-sections (1) and (2), a milk processing unit licensed under the Industries (Development and Regulation) Act, 1951 shall not be refused licence under this Act, if it makes an application in the prescribed manner and complies with the prescribed conditions and furnishes such security and pays such fee as may be prescribed. Explanation I. - Different dates may be appointed by the State Government in such notification for different areas or for different categories, namely, dairies, processors or manufacturers. Explanation II. - Different rates or fees may be prescribed for the categories mentioned in Explanation I or for different classes thereof. ### 12. Reserved Area. (1) The Board may, by notification, declare an area to be a reserved area to ensure the availability of sufficient milk at fair prices. (2) When an area has been declared a reserved area, the dairy or dairies in such area shall, if so directed by the Board, purchase all the milk offered by the producers in the area at such price as may be notified by the Board having regard to relevant factors such as availability and quality of milk and price of milk in that area during the preceding year. ### 13. Licensing of Transporter. - No person other than an authorised person or agency shall collect, carry or transport milk or milk products from any place within a reserved area to any place outside such area without obtaining licence in this regard from the licensing authority : Provided that nothing in this section shall apply to transport or carriage of ghee, or milk any milk product in quantities not exceeding prescribed limits by any person for personal consumption. ### 14. Grant of licence Suspension or Cancellation Forfeiture of security and ban on claim for compensation. (1) A licence under the provision of this Act shall be granted or renewed by the licensing authority in the prescribed manner, subject to prescribed conditions and on furnishing of such security and payment of such fees as may be prescribed. (2) If any licensee contravenes any of the provisions of this Act or the rules made thereunder or any condition of the licence, then without prejudice to his liability for punishment under section 20, the licensing authority may, after giving him an opportunity of explanation, cancel his licence : Provided that the licensing authority may, while issuing notice for cancellation of licence under this sub-section, suspend the licence. (3) Where any licensee has been convicted of an offence under any law relating to purity or quality standards of milk or milk products for the time being in force, the licensing authority may, having regard to the nature and gravity of the offence and the circumstances, in which it was committed, modify or cancel his licence. (4) Without prejudice to the provisions of section 20 or of subsection (1), if the licensing authority is satisfied that a licensee has contravened any of the conditions of the licence and that a forfeiture of his security deposit is called for, it may, after giving him an opportunity of explanation, by order forfeit the whole or part of his security deposit. (5) A copy of every order suspending or cancelling or modifying the licence under sub-section (2) or sub-section (3) or an order forfeiting security deposit under sub-section (4) shall be communicated to the licensee. (6) Any person aggrieved by an order of the licensing authority under sub-section (2), sub-section (3) or sub-section (4) may, within sixty days of the communication of the order to him, appeal to the Chairman of the Board in the prescribed manner. (7) The licensee shall not be entitled to compensation or refund of licence fee on cancellation or suspension of this licence. ### 15. Prohibition or regulation of sale and transport and export of milk and milk products. - The State Government may, in the public interest and subject to the provisions of this Act and the rules made thereunder, by notification regulate or fix prices in respect of - (a) the sale or supply of milk, or the manufacture, sale or supply of any milk product in a particular area; and (b) the transport of milk or any milk product from one area in the State to another area in the State or its export to any place outside the State. ### 16. Cess on purchase of milk. (1) The State Government may by notification impose, levy and charge tax on the sale or purchase or of carriage by road of milk or milk products in such manner and at such rate or rates as may be prescribed not exceeding 10 per cent of the price of the milk or milk products, as the case may be, and such tax shall be payable by the dairy or by a processor, manufacturer or transporter of milk or milk product outside the State. (2) Any tax imposed under sub-section (1) shall be levied at only one point and in such manner as may be prescribed. (3) A tax imposed under this section shall be called "Milk Cess". (4) The authority empowered to collect the cess may forward to the Collector, a certificate under his signature specifying the amount of arrears due from the person concerned, and the Collector, on receipt of such certificate, shall proceed to recover from such person the amount specified therein as if it were an arrear of land revenue. ### 17. Proceeds of cess to go to Milk Development, Fund. - At the beginning of each financial year, after due appropriation has been made by law, the State Government shall withdraw from and out of the Consolidated Fund of the State the full amount of the proceeds of the cess imposed under section 16, and recovered by it during the preceding financial year after deduction of collection charges, arid place it to the credit of the Uttar Pradesh Milk Development Fund, and the crediting of such monies to the said Fund shall be a charge on the Consolidated Fund of the State. Chapter IV Penalties and Procedure --------------------------------------- ### 18. Cognizance of offence. - No court shall take cognizance of any offence punishable under this Act except on the report of a police officer with the previous sanction of the Board or any person authorized by the Board for the purpose, made within six months next after the commission of the offence. ### 19. Jurisdiction of Court. - No court inferior to that of a magistrate of the first class shall try an offence punishable under this Act. ### 20. Penalty. - Whoever contravenes any of the provisions of this Act or of any rule or regulation made thereunder or fails to comply with any order issued under this Act or the rules or regulations made thereunder shall be punishable with fine which may extend to five thousand rupees and in the case of a continuing offence, with a further fine which may extend to five hundred rupees for every day during which such offence continues, after conviction for the first commission of offence. ### 21. Offence by companies. (1) 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 liable to be proceeded against and punished as if this offence was committed by himself : 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 the exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where any offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or 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 liable to be proceeded against and punished for the offence. Explanation. - For the purposes of this section - (a) 'Company' means any body corporate and includes a firm or association of individuals, and (b) 'Director' in relation to a firm, means a partner in the firm. ### 22. Composition of offence. (1) The Milk Commissioner or any other officer of the Board authorized by it by general or special order in that behalf may, either before or after the institution of the proceedings, compound an offence punishable under this Act on such terms, including payment of composition fee, as he may think fit; Provided that no offence consisting of a failure to comply with an order issued by or on behalf of the Board shall be compounded until such order has, so far as practicable, been complied with. (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. Chapter V Miscellaneous ---------------------------- ### 23. Authentication of orders and documents or the Board. - All permissions, orders, decisions and other documents of the Board shall be authenticated by the signature of the Chief Executive Officer or any officer author used by the Board in this behalf. ### 24. Inspection of under taking, etc. - The licensing authority or any person authorized by the Milk Commissioner may inspect or examine or cause to be inspected or examined any premises, equipment or record and milk or milk products of any dairy, or any undertaking of a processor or manufacturer to satisfy itself or himself that no contravention of this Act or rules or regulations made thereunder has been, is being, or is likely to be committed. ### 25. Protection for acts done in good faith. - No suit, prosecution or other legal proceeding shall lie against any person for anything which is done or intended to be done in good faith under this Act or the rules and regulations made thereunder. ### 26. Acts not to be invalid. - No act of the Board shall be deemed to be invalid only because of any vacancy in its membership or any defect in its constitution or establishment. ### 27. Power to make rules. (1) The State Government may, by notification, make rules for carrying out the purposes of this Act. (2) In particular, and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters; namely - (a) the conduct of business by the Board; (b) the duties, powers and functions of the Milk Commissioner; (c) the appointment of members in casual vacancies in the Board; (d) the preparation and submission of financial statements; (e) the manner and form in which the Uttar Pradesh Dairy Development Fund shall be administered and payments from such fund; (f) the manner of licensing and rates of licensing fees; (g) the rates of milk cess and the manner of its imposition and collection; (h) the statements and returns to be submitted by the Board to the State Government and the registers and other forms to be maintained by it or by dairies, manufacturers and processors; (i) the reference to the Milk Commissioner of the disputes between a Milk Union, dairy, processor or manufacturer and the procedure to be followed by the Milk Commissioner in this regard; and (j) any other matter which has to be and may be prescribed by the Board. ### 28. Regulation. (1) The Board may, with the previous sanction of the State Government, make regulations consistent with this Act and the rules made thereunder. (2) In particular, and without prejudice to the generality of the foregoing power, the Board may make regulations providing for - (a) the procedure in regard to the transaction of business of the Board or its committees; (b) the functions and duties of the employees of the Board; (c) the constitution, powers, duties and functions of Committees of the Board; and (d) any other matter for which provision is to be or may be made in the regulations.

65ba222bab84c7eca86eaaf6

acts

State of Maharashtra - Act ---------------------------- The Maharashtra Evacuee Interest (Separation) Supplementary Act, 1960 ----------------------------------------------------------------------- MAHARASHTRA India The Maharashtra Evacuee Interest (Separation) Supplementary Act, 1960 ======================================================================= Act 25 of 1960 ---------------- * Published on 16 December 1960 * Commenced on 16 December 1960 The Maharashtra Evacuee Interest (Separation) Supplementary Act, 1960 (Maharashtra Act No. 25 of 1960 ) [Dated 16th December 1960] For Statement of Objects and Reasons, see Maharashtra Government Gazette, 1960, Part V, page 328. An Act further to supplement certain provisions of the Evacuee Interest (Separation) Act, 1951, in its application to the State of Maharashtra. Whereas, it is expedient further to supplement certain provisions of of 1951 the Evacuee Interest (Separation) Act, 1951, in its application to the State of Maharashtra, for the purpose hereinafter appearing; It is hereby enacted in the Eleventh Year of the Republic of India as follows :- ### 1. Short title, extent and commencement. (1) This Act may be called the Maharashtra Evacuee Interest (Separation) Supplementary Act, 1960. (2) It extends to the whole of the State of Maharashtra. (3) It shall be deemed to have come into force on the 15th day of October, 1960. ### 2. Supplementary provision of Act XXVIII of 1960 in their application to Maharashtra State. - The amendments made to the Evacuee Interest (Separation) Act, 1951, by the Evacuee Interest (Separation) Amendment Act, 1960, shall, in so far as they relate to any matters enumerated in List II in the Seventh Schedule to the Constitution of India, be valid and effectual in the State of Maharashtra as if the provisions contained therein had been enacted by the State Legislature. ### 3. Repeal of Maharashtra Ordinance No. I of 1960. - The Maharashtra Evacuee Interest (Separation) Supplementary Ordinance, 1960, is hereby repealed; and the provisions of sections 7 and 25 of the Bombay General Clauses Act, 1904, shall apply to such repeal as if that Ordinance were an enactment.

65b9e95aab84c7eca86ea399

acts

State of Assam - Act ---------------------- The Assam Agricultural Pests and Diseases Act, 1950 ----------------------------------------------------- ASSAM India The Assam Agricultural Pests and Diseases Act, 1950 ===================================================== Act 35 of 1950 ---------------- * Published on 20 December 1950 * Commenced on 20 December 1950 The Assam Agricultural Pests and Diseases Act, 1950 Assam Act No. 35 of 1950 Last Updated 10th February, 2020 Adapted by Meghalaya. Published in the Assam Gazette, dated 20th December, 1950. In Manipur, "Manipur Plant Disease and Pests Act, 1966" is applicable, which is printed in alphabet "P". An Act to provide for the prevention of the spread of insect pests, plant diseases and noxious weeds in the State of Assam. Preamble. - Whereas it is expedient to provide for measures for the prevention of the spread of insect pests, plant diseases and noxious weeds injurious to health or to crops, plans, trees or water supply or obstructive to waterways within the State of Assam; It is hereby enacted as follows: Part I -------- Preliminary ### 1. Short title, extend and commencement. (1) This Act may be called "The Assam Agricultural Pests and Diseases Act, 1950". (2) It extends to the whole of Assam. (3) It shall come into force on such date as the State Government may, by notification in the official Gazette; appoint in this behalf. ### 2. Definitions. - In this Act, unless there is anything repugnant in the subject or context- (1) "Crop" means any agricultural produce whether stored for consumption or standing and includes seed, plant or any other part thereof; (2) "Director of Agriculture" means an officer appointed by the State Government to be the Director of Agriculture and includes every person who for the time being performs the duty of the officer; (3) "Insect pest" means any insect or other invertebrate animal and shall include bacteria and other vegetable or animal organisms, which has been declared under notification by Section 3 of this Act to be insect pests : (4) "Inspecting Officer" means the Officer appointed as such under Section 20 of the Act; (5) "Noxious weed" means any weed which has been declared by notification under Section 3 of this Act to be noxious weed; (6) "Notified area" means the area covered by notification published under Section 3; (7) "Occupier" means the person in actual occupation of any land, premises or water or the person having for the time being the right of occupation of the land, premises or water, or his authorised agent and includes a local authority or a railway or other company having such right of occupation or any such actual occupation; (8) "Plant disease" means any fungoid, bacterial, parasitical or other disease which has been declared by notification under Section 3 of this Act to be a plant disease; (9) "Plant" includes the fruit, leaf, bark, roots, cutting or any living portion of a plant; but does not include the seeds unless the seed has been especially included in the definition of plant by the State Government by notification under this Act; (10) "Prescribed" means prescribed by notification or rule made under this Act; (11) "Valuing Officer" means officer appointed as such for the purposes of this Act. Part II --------- ### 3. Notification of State Government of areas affected by insect pests, plant diseases or noxious weed. (1) If the State Government consider that any pests, disease or weed in any local area in injurious to health, crops, plants trees or water supply or is obstructive to waterways and that it is necessary to take measures to eradicate it or to prevent its spread, introduction or re-appearance, it may, by notification in the official Gazette- (a) declare that such pest, disease or weed is an insect pet, a plant disease or a noxious weed; (b) prohibit or restrict the removal of any plant or crop from one place to another or prescribe such other preventive or remedial measures as may be necessary in respect of such pest disease or weed; and (c) define the local area within which and the period during which such notification shall be in force. (2) Where the remedial or preventive measures prescribed in sub-section (1) include the removal of destruction of any plant or crop in order to eradicate or prevent its spread, the introduction or re-appearance of any insect pest, plant disease or noxious wee, such notification shall, prior to the date on which the notification shall come into force, be proclaimed in the local area defined in the notification in such manner as may be prescribed. ### 4. Liability on the occupiers. - On the issue of a notification under Section 3 every occupier in the notified area shall be bound to carry out the remedial and preventive measures prescribed in such notification. Explanation. - For the purpose of only of this section, Government shall be deemed to be the occupier in the case of all lands, premises or water, which they have for the time being the right to occupy or are in their actual occupation. ### 5. Power of entry. - Any Inspecting Officer may, with prescribed notice, enter into any premises, land or water within the notified area and take such action as may be necessary in order to ascertain- (a) whether any insect pest, plant disease or noxious weed, is there present; and (b) whether the prescribed remedial or preventive measures or both, as the case may require, have been taken. ### 6. Inspecting Officer may serve a notice on occupier to take remedial or preventive action. (1) If any Inspecting Officer finds that any prescribed remedial or preventive measures have not been properly carried out, he may, subject to such rules as the State Government may prescribe under Section 22, call upon the occupier by notice in writing to carry out the prescribed remedial or preventive measures within a time to be specified in such notice. (2) The occupier within seven days of the service upon him of such notice prefer an appeal to the prescribed officer who may make such other as the thinks fit. The decision on such appeal shall be final. (3) The Officer receiving the appeal may extend the time specified in the notice under sub-section (1). ### 7. Occupier failing to comply with the notice served on him commits an offence. - If any occupier on whom a notice has been served under Section 6 fails to comply with the notice within the time specified by the Inspecting Officer, or in case where no appeal has been preferred to the prescribed Officer on appeal, he shall be deemed to have committed an offence under this Act, and the prescribed remedial or preventive measures may be carried out by the Inspecting Officer or under his supervision. ### 8. Recovery from the occupier of the cost of preventive or remedial measures carried out by the Inspecting Officer. (1) If any prescribed remedial or preventive measures are carried out by the Inspecting Officer under Section 7, the cost of such measures shall be recoverable from the occupier as if it were an arrear of land revenue, but such occupier may appeal to the Deputy Commissioner within thirty days from the date of demand on the ground that- (a) charges for items other than costs of labour, materials or use of implements have been included, or (b) the charges for labour, materials or use of implements are unduly high. (2) The order of the Deputy Commissioner on such appeal shall be final. ### 9. Destruction of trees or plants in execution of remedial or preventive measures and compensation. (1) If in carrying out any prescribed remedial or preventive measures under Section 6, the Inspecting Officer destroys or causes to be destroyed- (a) any tree which is infected with the insect pest or plant disease, or (b) any plants, not being trees, some or all of which are affected by the insect pest or plant disease but which are grown so closely together, that it is not ordinarily practicable to treat each plant individually, or (c) any plants including trees which though not so infected have in his opinion liable to such infection; (d) any crop which is infected with insect pest: he shall serve a notice in writing on the occupier stating particulars of the trees, crop and plants destroyed and his estimate of their value. (2) When any trees or plant or crops are destroyed as aforesaid, the occupier shall not be entitled to any compensation except in the case of any plant destroyed under Clause (c) of sub-section (1) where the full value of such plants shall be paid. (3) For the purpose of this section "value" shall mean the value of the tree or plant at the time of its destruction. ### 10. Claim of compensation how and when to be made. - All claims for compensation under Section 9 shall be made in writing to the valuing officer appointed by the State Government within one month from the service of the notice mentioned in sub-section (1) of Section 9. ### 11. Award of compensation. (1) The valuing officer after making such enquiry and taking such evidence as he may consider necessary shall award compensation not exceeding the rates prescribed in Section 9 and transmit or cause to be transmitted copies of his award in writing to the occupier and to the Inspecting Officer. (2) The date within which and the officer before whom an appeal may be preferred shall be entered in the award. ### 12. Appeal against award. - Either the occupier or the Inspecting Officer may within thirty days of the date of receipt of the award prefer an appeal against such award to the prescribed officer whose decision shall be final. ### 13. Obligation of village officers to report on insect pest, plant diseases or noxious weeds. - Village Officers of villages adjoining a modified area within whose village limits pest disease or weeds similar to the insect pest, plant disease or noxious weeds within the notified area shall appear, shall report the same to the Deputy Commissioner or Sub-divisional Officer and the Director of Agriculture. ### 14. Punishment for offence under Section 7. - Anyone convicted by a Magistrate of an offence under Section 7 of this Act shall be liable to fine not exceeding Rs. 50 or in default, to simple imprisonment for a period not exceeding ten days. ### 15. Contravening notification under Section 3 (b) to be an offence; and punishment therefor. - If any person contravenes a notification under Section 3 (b) of this Act prohibiting or restricting the removal of any plant or crop from one place to another he shall be deemed to have committed an offence under this Act, Anyone convicted by a Magistrate of such an offence such in addition to confiscation and destruction of the plant and crop in respect of which the offence was committed, be liable to a fine not exceeding Rs. 50 or in default to simple imprisonment for a period not exceeding ten days. Part III ---------- Miscellaneous ### 16. Compensation to occupier for trees and plants destroyed. - Where any occupier destroys any trees or plants or .crops in obedience to a notice issued under Section 6 he may be granted compensation in accordance with such rules as may be made under this Act. ### 17. Compensation not payable for noxious weeds destroyed. - Notwithstanding anything in this Act, no compensation shall be payable for any noxious weeds destroyed. ### 18. Protection of action taken under the Act. (1) No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done or for damage to property caused by any action which is in good faith taken or intended to be taken in pursuance of this Act or any rules made thereunder. (2) Save as otherwise expressly provided under this Act, no suit or other legal proceeding shall lie against the Government for any damage caused or likely to be caused by anything in good faith done or intended to be done in pursuance of this Act or any rules made thereunder. ### 19. Institution of prosecution or other legal proceedings under this Act. (1) No prosecution under this Act shall be commenced except with the previous sanction of the Director of Agriculture. (2) No prosecution under this Act shall be commenced after six months from the date of the alleged offence. ### 20. Appointment of Inspecting Officers. - The State Government may, from time to time, appoint Inspecting Officers for the purposes of this Act. ### 21. Delegation of powers. - The State Government may, by notification in the official Gazette, delegate all or any of their powers under this Act except those conferred by Sections 3 and 22 to the Director of Agriculture or any other officer appointed by Government. Part IV --------- Power to Make Rules ### 22. Power to Government to make rules. (1) The State Government may, subject to the condition of previous publication, make rules for carrying into effect the purpose of this Act. (2) Without prejudice to the generality of the foregoing provision, such rules may prescribe- (a) the methods of publication of descriptions of insect pest, plant diseases, and noxious weeds and the treatment to be followed; (b) the qualifications required for Inspecting Officers; (c) the procedure to be followed in making an award under Section 12 and the methods and conditions of valuation of trees, plants and crops; (d) the officers to which appeals may be made and the procedure to be followed in respect of such appeal; (e) the procedure, notices and methods of service thereof, notifications, registers and other processes needed for effectual working of this Act; (f) inclusion of seed within the definition of a plant; (g) the procedure for payment of compensation under Section 16 and for the matters connected therewith; (h) the methods generally to carry out the purposes of this Act. Adapted by Meghalaya The Assam Agricultural Pests and Diseases Act, 1950, has been adapted by Meghalaya, vide The Meghalaya Adaptation of Laws Order (No. 1), 1974, whereby sub-sections (2) and (3) in Section 1 of the Assam Act have been omitted.

65bab6c6ab84c7eca86ec632

acts

NCT Delhi - Act ----------------- Delhi Classification of Prisons Rules, 1988 --------------------------------------------- DELHI India Delhi Classification of Prisons Rules, 1988 ============================================= Act 9 of 1894 --------------- * Published on 18 April 1988 * Commenced on 18 April 1988 Delhi Classification of Prisons Rules, 1988 Published vide in Delhi Gazette, Extraordinary Part 4, No. 76, dated 18th April, 1988 vide notification No. F. 9(75) /87-Home (General)(1), in exercise of the powers conferred under Prisons Act, 1894 (Act 9 of 1894 ) by the Administrator of the Union Territory of Delhi. Rule ### 1. Short title and commencement. (1) These rules may be called Delhi Classification of Prisons Rules, [1988]. [Published in Delhi Gazette, Extraordinary Part IV, No. 76, dated 18th April, 1988 vide notification No. F. 9(75) /87-Home (General)(I), in exercise of the powers conferred under Prisons Act, 1894 (Act IX of 1894) by the Administrator of the Union Territory of Delhi.] (2) They shall come into force at once. ### 2. Three kinds of Jails. - Jails shall be of three kinds, namely, Central Jails, District Jails and Special Jails: (a) 'Central Jail' — means any prison in which convicted criminals, under trial prisoners or persons detained under any specific Act/Ordinance/Orders, as the case may be are received/kept for the purpose of undergoing theirsentence or for the purpose of judicial custody and/or detention under any Specific Act/ Ordinance/Orders, as the case may be. (b) 'District Jail'. — All Jails, other than 'Central Jails' and 'Special Jails' shall be deemed to be 'District Jails'. (c) (1) Administrator may from time to time, in its discretion, declare any jail to be a 'Special Jail' for the purposes of these rules, or establish a Special Jail at any place. (2) No Jail shall be deemed to be a -'Special Jail' within the meaning of these rules, unless it has been declared to be so or established as such under sub-rule (c) (1). ### 3. Inspector General of Prison. - The Inipector General of Prisons appointed under the Prison's Act, 1894, subject to the orders/directions of the Administrator shall exercise general Control and superintendence over all classified Jails in Delhi. ### 4. Addl. I.G. of Prisons, and D.I.G. of Prison. - Additional I.G. of Prisons and D.I.G. of Prisons shall assistthe I.G. of Prisons and exercise all such powers and perform such duties as may be delegated to them by the Inspector General of Prisons from time to time with prior approval of the Administrator, wherever necessary. ### 5. Superintendents of Prison. - For each classified Jail, there shall be a Superintendent who will be assisted in the management of Prisons by such staff as may be specified by inspector General of Prisons with the prior approval of Administrator.

65b9e7ffab84c7eca86ea371

acts

State of Assam - Act ---------------------- Assam Micro And Small Enterprises Facilitation Council Rules, 2018 -------------------------------------------------------------------- ASSAM India Assam Micro And Small Enterprises Facilitation Council Rules, 2018 ==================================================================== Rule ASSAM-MICRO-AND-SMALL-ENTERPRISES-FACILITATION-COUNCIL-RULES-2018 of 2018 -------------------------------------------------------------------------------- * Published on 2 April 2019 * Commenced on 2 April 2019 Assam Micro And Small Enterprises Facilitation Council Rules, 2018 Published vide Notification No. CI.218/2006/399, dated 2.4.2019 Last Updated 12th February, 2020 No.CI.218/2006/399. - In exercise of the power conferred by sub-section (1) and (2) of section 30 of the Micro, Small and Medium Enterprises Development Act, 2006 (Act No.27 of 2006), the Governor of Assam is hereby pleased to make the following rules for facilitating the working of Micro and Small Enterprises Facilitation Council/s (MSEFC/s), namely : ### 1. Short title and commencement. (1) These rules may be called the Assam Micro and Small Enterprises Facilitation Council Rules, 2018. (2) They shall come into force on the date of their publication in the Official Gazette. ### 2. Definitions. - In these rules, unless the context otherwise requires, - (a) "Act" means the Micro, Small and Medium Enterprises Development Act, 2006 (27 of 2006); (b) "Arbitration and Conciliation Act" means the Arbitration and Conciliation Act, 1996 (26 of 1996); (c) "Council" means the Assam Micro and Small Enterprises Facilitation Council, established by the Government under section 20 of the Act; (d) "Chairperson" means the Chairperson of the Council appointed under clause (i) of sub-section (1) of section 21 of the Act; (e) "Government" means the Government of the State of Assam, in the Department of Industries and Commerce; (f) "Institute" means any institution or centre providing alternate dispute resolution service referred to in sub-sections (2) and (3) of section 18 of the Act; (g) "Member" means a member of the Council; (h) "MSE" unit means a micro or small enterprise as per the provisions of Act; (i) "section" means a section of the Act; (j) The words and expressions used and not defined in these rules, but defined in the Act shall have the same meanings, respectively assigned to them in the Act. ### 3. Setting up of the Council. (1) The Government shall establish at least one Micro and Small Enterprises Facilitation Council ('MSEFC') in the State by notification issued under section 21 of the Act: Provided that if the work so demands, it may also set up more Councils exercising such jurisdiction and for such areas as may be specified in the Notification. (2) The Government may also give secretariat assistance to the Council so appointed. It may also designate some official of the Secretariat to work as the Secretary to the Council who can be empowered by the Council to issue notices or orders on behalf of the Council. (3) The Government may provide a legal expert to assist the Council. (4) Court fee stamp of Rs. 100 only is to be affixed along with all applications filed before the Council. (5) The Secretariat for Council may have its own seal. ### 4. Manner of appointment of Chairperson. - The Government shall appoint the Commissioner, Industries and Commerce, Assam, as the Chairperson of the Council. ### 5. Constitution of the Council. (1) The Council shall consist of five members to be appointed by the Government by notification in the Official Gazette. The members of the Council shall be appointed from the categories as follows, namely - (a) The Commissioner, Industries and Commerce, Assam to be appointed by the Government .............. Chairman; (b) Two office bearers or representatives of associations of MSEs in the State, who shall be nominated by the Commissioner, Industries and Commerce, Assam and endorsed by Development Commissioner (MSME) .............. Members; (c) One representative of Bank and Financial Institutions lending to MSEs, who shall be nominated by Regional Director, RBI (Guwahati) .............. Members; (d) One person having special knowledge in the field of Industry, Finance, Law, Trade or Commerce, who shall be nominated by the Government in the Industries and Commerce Department .............. Member. (2) (i) A member appointed under clauses (ii) , (iii) and (iv) of sub-section (1) of section 21 shall cease to be a member of the Council if he or she ceases to represent the category or interest in which he or she was so appointed. (ii) A member other than the Chairperson shall hold Office for a period not exceeding two years from the date of his appointment. (iii) When a member of the Council dies or resigns or is deemed to have resigned or is removed from office or becomes incapable of acting as a member, the Government may appoint another person to fill that vacancy. (iv) Any member of the Council may resign from the Council by tendering one month's notice in writing to the Government. (v) The Government may remove any member from the office, - (a) if he is of unsound mind and stands so declared by a competent court; or (b) if he becomes bankrupt or insolvent or suspend payment to his creditors; or (c) if he is convicted of any offence which is punishable under the Indian Penal Code (Act 45 of 1860); or (d) if he abstains himself /herself from three consecutive meetings of the Council without the leave of the Chairperson, and in any case from five consecutive meeting; or (e) if he acquires such financial or other interest as is likely, in the opinion of the Government, to affect pre-judicially his functions as a member. ### 6. Honorarium to the Members of the Council. - No remuneration, honorarium or fees and any allowances shall be paid to the members of the Council. ### 7. Procedure to be followed in the discharge of functions of the Council. - (i) An aggrieved MSE unit under Chapter V, sections 15, 16, 17 and 18 of the Act, can move a reference to the Council having jurisdiction of the area in the format provided in Schedule I of these rules. The reference must have the Udyog Aadhar Memorandum (UAM) number/ registration No. under Procurement Preference Policy, Assam, 2015, mobile number and email address of aggrieved MSE unit as provided in Schedule I. (ii) Such references should be attached with fee or processing charges as notified by the Government from time-to-time and with an undertaking from aggrieved MSE unit that it has not moved a reference before the Civil Court on the same dispute. (iii) Upon receipt of references from the supplier MSE unit, the Secretariat of the Council shall enter the data in the web portal created for this purpose. (iv) After entering the data, acknowledgement of the receipt of reference shall be issued by the Secretariat to the applicant-MSE unit through email where the reference/application is received by registered post, its receipt shall be acknowledged on the same day. (v) The Council may examine the reference at preliminary stage to check regarding the fee or competency of MSE unit to file the reference. (vi) In case, if the reference or the particulars entered in it are not found to the satisfaction of Council, it may return the reference. (vii) The Chairperson of the Council may require any petitioner to provide further particulars of the claim or any relevant documents in support of the claim as he may consider necessary for the purpose of the proceedings. If the petitioner fails or omits to do so within fifteen days of receipt of such communication or within such further time as the Chairperson may, for sufficient cause, allow, the Council may terminate the proceedings without prejudice to the right of the petitioner to make fresh reference if he is otherwise entitled so to do. The petitioner shall also simultaneously send a copy of the reference to the buyer or buyers against whom the reference is directed. (viii) The Chairperson shall cause the buyer to furnish his detailed response to the reference within fifteen days of receipt of the reference by the buyer or within such further time not exceeding fifteen days, as he may for sufficient cause, allow. (ix) The Council shall either itself conduct conciliation in the matter or seek the assistance of any institute for conducting the conciliation and if it decides to do so, shall refer the parties to the institute or centre providing alternate dispute resolution services by making a reference to such an institution or centre for conducting conciliation. The provisions of sections 65 to 81 of the Arbitration and Conciliation Act, 1996 shall apply to such a reference as if the conciliation was initiated under Part III of that Act. (x) On receipt of a reference under section 18 of the Act, the Chairperson of the Council shall cause the reference and the buyers response there to be examined and, on being satisfied with the reference making a prima facie case of delayed payment, cause the reference to be placed before the Council at its next immediate meeting for consideration. The Chairperson shall also ensure that each reference received within two weeks of the date of the last preceding meeting of the Council is examined and, if found in order, is placed for consideration of the Council at its next immediate meeting. (xi) The Council or the institute to which it has been referred for conciliation shall require the supplier and the buyer concerned to appear before it by issuing notices to both parties in this behalf. On the appearance of both parties, the Council or the institute shall first make efforts to bring about conciliation between the buyer and the supplier. The institute shall submit its report to the Council within fifteen days of reference from the Council or within such period as the Council may specify. (xii) When such conciliation does not lead to settlement of the dispute, the Council shall either itself act as an arbitrator for final settlement of the dispute or refer it to an institute for such arbitration, in accordance with the provisions of the Arbitration and Conciliation Act, 1996. The supplier or the buyer may, either in person or through his lawyer registered with the court, present his case before the Council or the institute during the arbitration proceedings. The institute shall submit its report to the Council within such time as the Council may stipulate. (xiii) The Council shall make an arbitral award in accordance with section 31 of the Arbitration and Conciliation Act 1996 and within the time specified in sub-section (5) of section 18 of the Act. The award shall be stamped in accordance with the relevant law in force. Copies of the award shall be made available within seven days for filing an application. (xiv) The Chairperson or any other Officer authorized by the Chairperson shall forward the proceedings of every meeting of the Council including annual progress report of the Council to the Member-Secretary of the Advisory Committee constituted under sub-section (2) of the section 7 of the Act. (xv) The Institute to which the issue is referred makes efforts to bring about conciliation and it shall submit its Report to the Council as soon as possible, usually within 15 days from reference to the Council. (xvi) When the matter is referred to the institute, the institute shall arbitrate the issue as per the provisions of Arbitration and Conciliation Act, 1996 and refer the award to the Council. (xvii) The Council after finalizing the award or receiving the award from the institute shall consider the case and pass appropriate final orders in the matter. ### 8. Meeting of the Council and quorum. (1) The meeting of the Council shall ordinarily be held after giving seven days notice. In case of urgency it may be called at such short notice as the Chairperson may find suitable. (2) All the notices/communication for the meeting shall be informed to the petitioners through SMS and e-mail. (3) The Council shall hold regular meetings, at least once in a month. (4) The quorum of meeting shall be two in case if the number of members is three or four, and it shall be three, if the number of members is five. ### 9. Decisions of the Council. (1) Any decision of the Council shall be made by a majority of its members present at the meeting of the Council. (2) Every reference made under section 18 to the Council shall be decided within a period of ninety days from the date of making such a reference as per sub-section (5) of section 18 of the Act. (3) The Secretariat shall upload the proceedings of every meeting of the Council on the web portal created for the purpose. (4) No application for setting aside any decree, award or other order made either by the Council itself or by any institution or centre providing alternate dispute resolution services to which a reference is made by the Council, shall be entertained by any court unless the appellant (not being a supplier) has deposited with it seventy-five per cent of the amount in terms of the decree, award or, as the case may be, the other order in the manner directed by such court. ### 10. Progress Report. (1) The Council shall upload the basic information including the annual progress report of the Council on the web portal created for the purpose. (2) The Council shall provide information to the Member-Secretary of the National Board for Micro, Small and Medium Enterprises as provided in the Act in the manner and form required from time-to-time. ### 11. Removal of difficulties. (1) All the proceedings initiated as per earlier rules shall continue unabated. (2) If any difficulty arises during the course of implementation of these rules, the same shall be clarified by the Central Government. Schedule 1 ------------ Format for Reference on delayed payment to MSEFC To The Chairperson Micro and Small Enterprises Facilitation Council Reference : U/S 18 of the Micro, Small and Medium Enterprises Development Act, 2006 (MSMED) I am authorised representative of M/s.....................This firm is a micro small unit as per provisions of MSMED Act, 2006. This unit has supplied the goods to M/s.......................... but it has not been paid as p€ provisions of Section 15 of the MSMED Act, 2006. I, therefore, aggrieve with this unit, wish to file a reference. The information pertaining to the case is as under: ### 1. Udyog Aadhaar No./Registration No. under Procurement Preference Policy, Assam, 2015 (Note - MSME unit can register Udyog Aadha on udyogaadhaar.gov.itt (http; /udyogaadhaar.gov.itt): ### 2. Date of Filing Application (DD/MM/YYYY): ### 3. Details of aggrieved MSE Unit 3.1 Name of Authorized representative: (authorization to be attached ) 3.2 Name of the Unit: 3.3 Address (including Pin Code): 3.4 State: 3.5 District: 3.6 Mobile number: 3.7 Email: 3.8 Type of aggrieved MSE | | | | --- | --- | | Micro | Small | ### 4. Name of respondent (buyer) : 4.1 Address (including Pin Code): 4.2 State: 4.3 District: 4.4 Mobile number: 4.5 Email: 4.6 Category of respondent (buyer) [CPSU/State PSU/ ]: ### 5. Principal Amount Payable (Rs.): ### 6. Interest claimed as on : ### 7. Fee paid, if any : 7.1 Amount: 7.2 Methodology : ### 8. Documents enclosed in support of claim in respect of supply of goods supply or services rendered as referred above : (1) ............................. (2) ............................ (3) ............................. (4) ............................. I hereby declare that information given above is true to the best of my knowledge. Any information that may be further required, shall be provided immediately before the concerned authority. I further declare that I have not filed /preferred any appeal before any court on the same dispute. Signature ............................ Name: | | | | --- | --- | | Date: | (Authorized Signatory on behalf of aggrieved MSE) |

65b99c05ab84c7eca86e9723

acts

State of Haryana - Act ------------------------ The Haryana Mechanical Vehicles (Bridge Tolls) Act, 1974 ---------------------------------------------------------- HARYANA India The Haryana Mechanical Vehicles (Bridge Tolls) Act, 1974 ========================================================== Act 44 of 1974 ---------------- * Published on 22 November 1974 * Commenced on 22 November 1974 The Haryana Mechanical Vehicles (Bridge Tolls) Act, 1974 Haryana Act No. 44 of 1974 Statement of Objects and Reasons. - The State Government have an ambitions road programme which has to be implemented. New roads have to be provided and the existing roads have to be improved and maintained in a better way. This bill is intended to provide for raising some part of the funds for the maintenance and construction of roads in the State. Published vide Haryana Gazette Extra. dated 22.11.1974 P. 1661. It has now been deemed expedient to re-enact the measure in its application to the State of Haryana. An Act to provide for the levy and collection of tolls on mechanical vehicles crossing certain bridges in the State of Haryana. Be it enacted by the Legislature of the State of Haryana in the Twenty-fifth Year of Republic of India as follows :- ### 1. Short title and extent. (1) This Act may be called the Haryana Mechanical Vehicles (Bridge Tolls) Act, 1974. (2) It extends to the whole of the State of Haryana. ### 2. Definitions. - In this Act, unless the context otherwise requires, - (a) "bridge" means a bridge which may, from time to time, be notified as such by the State Government; (b) "National Highways" shall have the meaning assigned to it in the National Highways Act, 1956; (c) "mechanical vehicle" means any laden or unladen vehicle designed to be driven under its own power including a motor vehicle as defined in clause (18) of section 2 of the Motor Vehicles Act, 1939, but does not include a cart or bicycle; (d) "Toll Inspector" means a person authorised by the State Government to collect toll in respect of any mechanical vehicle crossing a bridge and includes every Government servant posted at a bridge in connection with the collection of toll; and (e) "urban road links" means - (i) portion of existing National Highways lying within towns having a population of 20,000 or more; and (ii) roads in towns having a population of 20,000 or more connecting the points of the two or more National Highways at the boundary of the town. ### 3. Rate of toll and its Payments. (1) There shall be levied and paid to the State Government on every mechanical vehicle specified in column 2 of the Schedule to this Act, crossing a bridge, a toll at the rate specified against each mechanical vehicle in columns 3 and 4 thereof : Provided that no toll shall be levied - (i) on Defence Service Vehicles, and such other mechanical vehicle or class of mechanical vehicles, as the State Government may, by general or special order, exempt from the levy or payment of the toll; (ii) on any mechanical vehicle crossing any bridge on National Highways or urban road links. (2) Every person incharge of a mechanical vehicle shall, before crossing a bridge, pay to the Toll Inspector posted at the entrance of the bridge, the toll and shall not cross the bridge without obtaining a receipt from him in token of having paid the amount thereof. (3) Such receipt shall be handed over to the Toll Inspector posted at the other end of the bridge. ### 4. Power to Toll Inspector. - The driver of a mechanical vehicle shall cause the vehicle to stop when required to do so by the Toll Inspector to enable him to carry out the duties imposed on him by or under this Act. ### 5. Offences and penalties. (1) Whoever - (a) attempts to cross any bridge without complying with the provisions of this act; (b) obstructs the Toll Inspector in the discharge of his duties imposed by or under this Act; or (c) contravenes any other provision of this Act or the rules made thereunder or any order or direction made under any such provision or rule; shall, on conviction, be liable to a fine which may extend to fifty rupees. (2) No Magistrate shall take cognizance of any offence under this Act except on a complaint, in writing, made by the Toll Inspector. ### 6. Protection of action taken in good faith. - No suit, prosecution or other legal proceedings shall lie against any person, authorised to act by or under this Act, for anything done or purporting to have been done in good faith under this Act or the rules made thereunder. ### 7. Bar of jurisdiction of civil courts. - No civil court shall have jurisdiction in respect of any matter which the State Government or any other person or authority is empowered by or under this Act or the rules made thereunder to dispose of or take cognizance of, and regarding the manner in which the State Government or such person or authority exercises any powers vested in it or him by or under this Act or the rules made thereunder. ### 8. Power to make rules. (1) The State Government may, by notification, make rules for securing the levy and collection of toll and generally for carrying out the purposes of this Act. Every rule made under this section shall be laid, as soon as may be after it is made, before the House of the State Legislature while it is in session for a total period of ten days which may be comprised in one session or in two successive sessions, and if before the expiry of the session in which it is so laid or the session immediately following, the House agrees in making any modification in the rule or the House agrees that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under the rule. Schedule ---------- (See section 3) of rates of Toll ------------------ | | | | | --- | --- | --- | | | | Rate of Toll (in rupees) | | Serial No. | Particulars of the type of vehicle on which toll is leviable | Outward journey | Return journey, if completed by the mid-night of the following day, on presentation of the original receipt of payment of toll for the outward journey | | 1 | 2 | 3 | 4 | | 1 | Tractors carrying trailers or motor trucks when - | | | | | (a) laden with goods | 3.00 | 3.00 | | | (b) unladen | 2.00 | 0.50 | | 2 | Trailor attached to a truck when - | | | | | (a) laden with goods | 1.50 | 1.50 | | | (b) unladen | 1.00 | 0.25 | | 3 | Motor bus - | | | | | (a) with passengers | 3.00 | 3.00 | | | (b) empty (without passengers) | 2.00 | 0.50 | | 4 | Light motor vehicle such as jeep, car, pick-up van, landrover, station wagon tractor, delivery van | 2.00 | 0.50 | | 5 | Trailer attached to a motor car, pick-up van, jeep, landrover, station wagon, when- | | | | | (a) laden with goods | 0.75 | 0.25 | | | (b) unladen | 0.50 | 0.20 | | 6 | Motor bicycle, including scooter | 1.00 | 0.25 | | 7 | Motor bicycle with side-car or trailer | 1.50 | 0.40 | | 8 | Motor tricycle, namely, motor rickshaw, including scooter rickshaw | 1.25 | 0.30 | | 9 | Any other mechanical vehicle not hereinbefore specifically provided for | 3.00 | 3.00 |

65ba07edab84c7eca86ea834

acts

State of Andhra Pradesh - Act ------------------------------- Hyderabad Metropolitan Development Authority and Executive Committee (Conduct of Meetings) Rules, 2008 -------------------------------------------------------------------------------------------------------- ANDHRA PRADESH India Hyderabad Metropolitan Development Authority and Executive Committee (Conduct of Meetings) Rules, 2008 ======================================================================================================== Rule HYDERABAD-METROPOLITAN-DEVELOPMENT-AUTHORITY-AND-EXECUTIVE-COMMITTEE-CONDUCT-OF-MEETINGS-RULES-2008 of 2008 ------------------------------------------------------------------------------------------------------------------ * Published on 20 November 2008 * Commenced on 20 November 2008 Hyderabad Metropolitan Development Authority and Executive Committee (Conduct of Meetings) Rules, 2008 Published vide Notification No. G.O.Ms.No. 778, Municipal Administration and Urban Development (II) , dated 20.11.2008 Last Updated 29th August, 2019 G.O.Ms.No. 778. - In exercise of the powers conferred by sub-section (1) of Section 56 of the Hyderabad Metropolitan Development Authority Act, 2008, the Government of Andhra Pradesh hereby makes the following rules, for summoning and holding of meetings of the Metropolitan Development Authority and the Executive committee. ### 1. Short title. - These rules may be called the Hyderabad Metropolitan Development Authority and Executive Committee (Conduct of Meetings) Rules, 2008. ### 2. Definitions. - In these rules, unless the context otherwise requires, - a. "Act" means the Hyderabad Metropolitan Development Authority Act, 2008. b. "Authority" means the Hyderabad Metropolitan Development Authority constituted under sub-section (1) of Section 4, of the Act. c. "Committee" means the Executive committee constituted under subsection (1) of Section 5 of the Act. d. "Meetings" means the meeting conducted by the Hyderabad Metropolitan Development Authority, and the Executive Committee. e. "words" and 'expressions' used but not defined in these rules shall have the respective meanings assigned to them in the Act. ### 3. Conducting the meetings by the Hyderabad Metropolitan Development Authority. - 1. The Authority shall meet for transaction of the business at least once in every three months at such date and such place as may, from time to time be fixed and communicated by the Metropolitan Commissioner with the prior approval of the Chairman. ### 2. The meetings of the Authority shall be held at the headquarters of the Authority, or any such other place covered under the jurisdiction of the Hyderabad Metropolitan Development Authority. ### 3. No meeting shall be held unless specific notice of the day and time when the meeting is to be held and of the business to be transacted after giving seven clear days before the day of the meeting. ### 4. In case of Urgency, extraordinary meetings of the Authority may be convened by giving short notice. ### 5. The Metropolitan Commissioner shall prepare the agenda for the meeting and obtain approval of the chairman for the agenda so prepared as ensure that the same is circulated to the Chairman and other members in advance. ### 6. In case the Government do not find it possible to nominate all the members of the Authority specified under subsection (3) of Section 4 of the Act, or any delay caused for filing the casual vacancies which may arise, the Authority may transact the business provided at least ten members of the Authority present in the meeting. ### 7. Any Casual vacancy arisen in the authority shall be filled either by nomination or appointment by the Government which shall be filled as soon as possible or within four months from the date of falling of such vacancy. Any person so appointed shall hold office for the residue of the term of the member in whose place he or she is so appointed or nominated. ### 8. Every member of the Authority is expected to attend every meeting unless there are valid reasons for the same. If any member absent continuously for more than three meetings without prior permission, he or she ceases to be member of the authority: Provided that the Authority may restore the membership by suitable resolution to be recorded in writing in this regard. ### 9. In case within half an hour after the time appointed for a meeting there is no sufficient quorum, (minimum one-third of the members) the Chairman or the presiding Officer shall adjourn the meeting to such date and time as may be fixed. The business which could not be conducted for want of quorum shall be considered at the next meeting and dispose off the business at the meeting so fixed or at any subsequent adjourned meetings irrespective of the presence of quorum. ### 10. The chairperson presiding at a meeting shall invite or initiate discussion on each item included in the agenda for the meeting in such order or priority as he thinks fit and shall guide the discussion to a fruitful conclusion with a view to enabling the members to arrive at a decision based on the consensus of the members present and if there be no consensus among the members present, the matter shall be decided by the majority of votes, the person presiding shall have a second or casting vote in the case of equality of votes. ### 11. No resolution of the authority shall be modified or cancelled within three months after the passing thereof except at a meeting specially convened in that behalf and by a resolution supported by not less than one half of the number of members then present. ### 12. The minutes of the authority meetings shall be drawn up and recorded in the Minutes Book provided for this purpose and shall be attested by the Metropolitan Commissioner. ### 13. The secretary shall have the custody of the proceedings and records of the authority and may grant copies of any such proceedings and records on payment of such fees as the authority may by general order or special order determine. ### 14. A copy of the minutes of the proceedings at such meeting in English and the main language of the Metropolitan area shall be forwarded by the Secretary of the authority to the Government. An authenticated copy of the said minutes shall also be affixed to the notice board of the office of the authority. ### 15. The authority shall consider and decide the following matters namely: (i) all matters required to be considered by the Authority under any provisions of the Act and the rules and regulations made there under or under any other law for the time being in force or under any direction of the State Government. (ii) any matter required to be considered by the Authority under service regulation or other regulations or subsidiary regulations, where powers are not delegated; and (iii) any other matter specially required by the Chairman to be placed before the authority in view of its importance: Provided that items for which Specific delegations have been given the members or officers of the authority, while discharging duties, shall not be included in the agenda unless the members concerned if any so desires. ### 4. Conducting of the meetings of the Executive Committee. - 1. The Executive Committee shall meet for transaction of the business at least once in a month. ### 2. The meetings of the Executive Committee shall be presided by the Metropolitan Commissioner, who shall be the Chairman. ### 3. The agenda for the Executive Committee shall be prepared by the Secretary, Hyderabad Metropolitan Development Authority who shall obtain the approval of the Metropolitan Commissioner in advance and ensure that the agenda is circulated before seven clear days of the day fixed for the meeting of the Executive Committee. ### 4. In case of urgency, extraordinary meetings of the Executive Committee maybe convened by giving short notice. ### 5. The procedure and conduct of the business of the Hyderabad Metropolitan Development Authority meetings shall apply mutatis-mutandis to the meetings of the Executive Committee. ### 6. The Executive Committee shall consider and decide on the matters:-(i) pertaining to the management and administration of the affairs of the Metropolitan Development Authority. (ii) undertake preparation or area level plans and action plans and give directions to the officers and staff in this regard. (iii) advice the Metropolitan-Commissioner in the effective administration of the Act and smooth functioning of the Authority.

65ba2c32ab84c7eca86eac5a

acts

State of Maharashtra - Act ---------------------------- The Maharashtra Kidney Transplantation Rules, 1989 ---------------------------------------------------- MAHARASHTRA India The Maharashtra Kidney Transplantation Rules, 1989 ==================================================== Rule THE-MAHARASHTRA-KIDNEY-TRANSPLANTATION-RULES-1989 of 1989 ---------------------------------------------------------------- * Published on 28 August 1989 * Commenced on 28 August 1989 The Maharashtra Kidney Transplantation Rules, 1989 Published vide Notification No. G.N., M.D., D.D., No. ACT.1083/ 2582/(CR-20/86)/ MED-8, dated 28th August, 1989 (M.G.G., Part 4B, dated 19.10.1989, pp. 1252 to 1259) In exercise of the powers conferred by sub-section (1) and causes (a), (b), (c), (d) and (e) of sub-section (2) of section 10 of the Maharashtra Kidney Transplantation Act, 1982 (Maharashtra XII of 1983), read with section 22 of the Bombay General Clauses Act, 1904 (Bombay I of 1904), and of all other powers enabling it in that behalf the Government of Maharashtra hereby makes the following rules, the same having been previously published as required by sub-section (1) of the said section 10, namely- ### 1. Short Title. - These rules may be called the Maharashtra Kidney Transplantation Rules, 1989. ### 2. Definitions. - In these rules, unless the context otherwise requires, - (a) 'Act' means the Maharashtra Kidney Transplantation Act, 1982 (Maharashtra XII of 1983); (b) 'Director' means the Director of Medical Education and Research of the Government of Maharashtra, Bombay; (c) 'Form' means a form appended to these rules; (d) 'Section' means the section of the Act; (e) words and expressions used but not defined in these rules shall have the meanings respectively, assigned to them under the Act. ### 3. Manner in which a person may authorize the removal of kidneys for therapeutic purposes. (1) Any person during his life time may express a request in Form 'A' that his kidneys be used for therapeutic purposes after his death. It shall be signed or bear a thumb impression of the donor with two or more witnesses. (2) The person lawfully in possession of his body after his death shall, unless he has reason to believe that the request was subsequently withdrawn authorize the removal of the kidney from the body of the deceased for therapeutic purposes in accordance with the provisions of the Act, in Form 'B'. ### 4. Form and manner of authorization etc. (1) An authorization for the removal of kidneys for therapeutic purposes to be give by the person lawfully in possession of the body of a deceased person under clause (a) of sub-section (2) of section to, shall be in Form 'B'. (2) An application for obtaining authorization on behalf of the person having the control or management of an approved institution by any offices or person designated in that behalf by the person having the Control or management of the approved institution, under clause (c) of sub-section (2) of section 10, for the removal and transplantation of kidneys, shall be in Form 'C'. (3) The certificate of authorization to be granted to a medical practitioner by an approved institution for removal or removal or transplantation of kidneys shall be in Form 'D'. (4) In the case of a body lying unclaimed in an approved institution, the person having the control or management of such approved institution, shall give authorization for removal and transplantation of kidneys from such unclaimed dead body, in Form 'E'. ### 5. Form and manner of objection. (1) Any objection to the deceased person's Kidneys being used for therapeutic purposes may be taken by a near relative of the deceased or a person lawfully in possession of the body of the deceased person, in Form "F". (2) The reasons for the objection relating to the removal and transplantation of Kidneys of the deceased person shall be mentioned in the said objection. ### 6. Manner for giving consent or directions by Coroner. (1) The consent or directions of the Coroner or any other person performing similar functions as Coroner, for the removal of kidneys from the body of the deceased person as required under section 5, may be given in Form 'C' (2) Such consent or directions of the Coroner or any other officer referred to in sub-rule (1) may be given subject to such conditions as may be specified in Form 'G' (3) If such consent of directions are given orally by the Coroner or such other officer, the same shall be confirmed in Form 'G' in writing by him as require under sub-section (3) of section 5. ### 7. Maintenance of records and register. (1) Every head of the approved institution and the Coroner or any other officer performing similar functions as the Coroner, shall maintain a register in Form 'H' for recording therein the particulars and details of removal and transplantation of kidneys, enlistment of donors, recipients of kidneys and the conditions under which the approval of consent for removal and transplantation of kidney is given. (2) The entries in the register shall be made serially and a fresh serial number shall be started at the commencement of each calendar year. (3) The approved institution and the Coroner shall produce such register whenever required by the State Government or by any officer authorised by it in this behalf. Form 'A' [See rule 3(1) ] Donor Card Name .................... (name of donor) In the hope that I may help others, I Shri ............................. Resident of ........................... express a request, to take effect soon after my death, for anatomical gift of my Kidneys, if medically acceptable, be used for therapeutic purposes i.e. for transplantation. The words and marks below indicate my desires. I hereby, willingly donate my kidneys for the therapeutic purposes i.e. for transplantation. My blood group is .................. Date of birth of donor .............. Place: ................ Date: ................. Signature /Thumb impression of the donor We the undersigned witnesses, hereby declare that this card is signed by the donor and by us in presence of each other. Name, signature and full Address of the witness: (1) ............................ Name ...................... Address .................. (2) ............................ Name ...................... Address .................. Form 'B' [See rules 3(2) and 4 (1)] Authorisation I ..................... residing at ................................. being lawfully in possession of the body of the deceased. Shri...................... hereby authorize the removal of kidneys from the said body to be used for therapeutic purposes. \*I further declare that the deceased had expressed a request that his kidneys be used for therapeutic purposes after his death and such request, was not subsequently withdrawn, at any time. Place ................... Date .................... Signature/ Thumb impression .................................. Signature of witness and full address \* Strike out the portion not relevant. Form 'C' [See rule 4 (2) ] Application for authorization for the removal and transplantation of Kidney To ............................ ............................ Sir, I hereby apply for the authorization under section 3(3) 5(1)/7 of the Maharashtra Kidney Transplantation Act, 1982 for removal/ transplantation of the kidney. | | | | | --- | --- | --- | | 1. | Name of the applicant | | | 2. | Age | | | 3. | Full address with Telephone Nos. | | | | (a) Hospital | | | | (b) Residential | | | 4. | Technical qualification (MBBS onwards) | | | {| | | 5. | Experience(1) | Year(2) | Institution(3) | Field of speciality, if any(4) | | | ….................….................….................…................. | ….................….................….................…................. | ….................….................….................…................. | ….................….................….................…................. | |- | 6. | Any other matter including; Positions held, seminars, Research work etc. for Consideration. | |- | 7. | Institution where applicant would like to work for this purpose. | |} I undertake to abide by all the rule /regulations and guidelines issued by the Government and the Director of Medical Education and Research and other competent authorities in this respect. I request to grant me authorization for the purpose referred to above. Yours faithfully, (Signature of the applicant) I recommend the above application. He will be extended all the facilities for the purpose. The institution undertakes to abide by all the rules/ regulations and guidelines issued by Government/Director, Medical Education and Research and other competent authority in this respect. Signature of the Head of the Department Note: - (a) All the copies of the certificates duly attested by the Gazetted Officers may please be enclosed with the application, The original may please be provided when asked for. (b) Please strike out the portion not relevant. Form 'D' [See rule 4 (3) ] Certificate of Authorisation This is to authorize Dr. .......................... full address ............................... under section ................ of the Maharashtra Kidney Transplantation Act, 1982, for removal/Transplantation of kidneys at the following Institution, namely:- ....................... This authorization is issued subject to the provisions of the Maharashtra Kidney Transplantation Act, 1982 and the rules made thereunder. Dr. .............. will abide by the rules made under the said Act, and the guidelines issued by the Director, Medical Education and Research and any other authority in the matter. This authorization is liable to be revoked on failure to comply statutory requirements or breach of the conditions referred to above. Place: .................. Date: ................... Signature........................ Authority Form 'E' [See rule 4 (4) ] Authorisation for Removal of Kidneys From Unclaimed Dead Bodies I, ....................... being the person designated in that behalf by .............. the person in control and / or management of .............. hereby authorize the removal of the kidneys from the body of .............. lying unclaimed/likely to remain unclaimed in this Institution, for the use of therapeutic purposes. Designation: ................... Place: ................ Signature of the Head of Institution. Form 'F' (See rule 5) I ............... relation of ......................(name of deceased, being residing at the deceased) ................. being lawfully in possession of the body of ................ deceased / near relative of the deceased object to the removal of the kidneys from the body of the said deceased on the following grounds namely :- ................................................................... ................................................................... ................................................................... ................................................................... Place: ................. Date: ................. Signature/Thumb impression Name and Signature of witness: .................................. Form 'G' (See rule 6) Coroner's consent / directions for removal of Kidneys I, ........................the Coroner of Bombay hereby give consent/direction for the removal of the kidneys from the body of the deceased person ............................. for therapeutic purposes subject to the following conditions namely:- ................................................................... ................................................................... ................................................................... ................................................................... Place: ................. Date: ................. Signature of the Coroner of Bombay with Seal. Form 'H' [See rule 7 (1) ] Record of Removal and Transplantation of Kidneys | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | | Serial No. | Date of admission | Name of Patient | Donor | Age | Address | Name and address of person lawfully in possession of deceased person/near relative of deceased person | | 1 | 2 | 3 | 4 | 5 | 6 | | | | | | | | | | | | | | | | --- | --- | --- | --- | | Name of registered practitioner/approved institution/ Coroner | Date of transplantation | Name of recipient of kidneys | Remarks, if any | | 7 | 8 | 9 | 10 | | | | | |

65b98426ab84c7eca86e9476

acts

State of Punjab - Act ----------------------- The Punjab Consolidation of Land Proceedings Validation Act, 1957 ------------------------------------------------------------------- PUNJAB India The Punjab Consolidation of Land Proceedings Validation Act, 1957 =================================================================== Act 6 of 1957 --------------- * Published on 30 March 1957 * Commenced on 30 March 1957 The Punjab Consolidation of Land Proceedings Validation Act, 1957 Punjab Act 6 of 1957 Statement of Objects and Reasons. - "When actual possession of land was delivered to displaced persons, it was noticed that the valuation which had been taken as the basis for allotting land, was not correct. The persons who had been affected adversely made representations to the Rehabilitation Department. They were held out assurance that injustice in their case will be redressed during consolidations operations. In order to give effect to this assurance instructions were issued but these have been held illegal. The effect of the decision of the High Court would be that most of the work done prior to 31st December, 1955 would be quashed and all labour in this respect would go waste. To start the whole work afresh would mean an expenditure of about two crores of rupees, besides causing a considerable disruption and discontentment in rural areas. This Bill is designed to validate the consolidation proceedings taken between the 31st December 1951 and the 1st of January, 1956". (Punjab Government Gazette Extraordinary, dated the 15th March, 1957. Received the assent of the President on the 30th March, 1957, and was first published in the Punjab Gazette Extraordinarily, dated the 3rd April, 1957. Be it enacted by the Legislature of the State of Punjab in the Eighth Year of the Republic of India as follows - An Act to provide for the validation of certain schemes for consolidation of holdings and subsequent proceedings in relation thereto and to further provide for extinguishment and modification of rights in estates included in such schemes without payment of compensation. ### 1. Short title, extent and commencement. (1) This Act may be called the Punjab Consolidation of Land Proceedings (Validation) Act, 1957. (2) It extends to the territories which immediately before the 1st of November, 1956 were comprised in the State of Punjab. (3) It shall come into force at once. ### 2. Definitions. - In this Act, unless the context otherwise requires:- (a) the expression "allottee" shall have the meaning assigned to it in the East Punjab Displaced Persons (Land Resettlement) Act, 1949 (East Punjab Act, XXXVI of 1949), and shall include an allottee who has been granted ownership rights by the Central Government by virtue of section 12 of Displaced Persons (Compensation and Rehabilitation) Act, 1954 (Act 44 of 1954); (b) the expressions "estate", "evacuee" and "land" shall have the meanings assigned to them in the Punjab Land Revenue Act, 1887 (Punjab Act XVII of 1887), the Administration of Evacuee Property Act, 1950 (Act XXXI of 1950), and the East Punjab Displaced Persons (Land Resettlement) Act, 1949, respectively. ### 3. Validation of certain consolidation proceedings. - Notwithstanding anything to the contrary in the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 (East Punjab Act 1 of 1948), or the Administration of Evacuee Property Act, 1950 (Act XXXI of 1950), or the Displaced Persons (Compensation and Rehabilitation), Act 1954 (Act 44 of 1954), or in the rules, orders and notifications made thereunder, or in any other law for the time being in force, or in any judgment, decree or order of any Court, all schemes published under section 19 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, between the 31st December, 1951 and the 1st of January, 1956, in respect of an evacuee forming part of an estate or estates and all subsequent proceedings taken in relation thereto shall be deemed to be valid notwithstanding that such land was formed into a common pool for consolidation and re-partitioned amongst the allottees in proportion to the claim of each allottee in terms of standard acre as determined by the Rehabilitation Department at the time of quasi permanent allotment and not in accordance with or in proportion to the actual value of the land. ### 4. Extinguishment and modification allottee's right in an estate. - If in consequence of re-distribution of and during the course of consolidation proceedings referred to in section 3 a diminution in the original holding in an allottee results or has resulted, the ownership or rights of the allottee in the land forming part of an estate or estates shall be extinguished and modified to that extent and he shall not be entitled to any compensation in respect of such extinguishment and modification notwithstanding anything to the contrary in any law for the time being in force or in any judgment, decree or order or any court. ### 5. Repeal. - The Punjab Consolidation of Land Proceedings (Validation) Ordinance, 1957 (Punjab Ordinance No. 3 of 1957) is hereby repealed

65ba0285ab84c7eca86ea71d

acts

State of Andhra Pradesh - Act ------------------------------- Andhra Pradesh Un-aided Non-Minority Professional Institutions (Regulation of Admissions into Under-graduate Medical and Dental Professional Courses) Rules, 2003 ------------------------------------------------------------------------------------------------------------------------------------------------------------------- ANDHRA PRADESH India Andhra Pradesh Un-aided Non-Minority Professional Institutions (Regulation of Admissions into Under-graduate Medical and Dental Professional Courses) Rules, 2003 =================================================================================================================================================================== Rule ANDHRA-PRADESH-UN-AIDED-NON-MINORITY-PROFESSIONAL-INSTITUTIONS-REGULATION-OF-ADMISSIONS-INTO-UNDER-GRADUATE-MEDICAL-AND-DENTAL-PROFESSIONAL-COURSES-RULES-2003 of 2003 ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------- * Published on 5 September 2003 * Commenced on 5 September 2003 Andhra Pradesh Un-aided Non-Minority Professional Institutions (Regulation of Admissions into Under-graduate Medical and Dental Professional Courses) Rules, 2003 Published vide Notification No. G.O. Ms. No. 488, Health, Medical and Family Welfare (E-l), dated 05.09.2003 Last Updated 13th August, 2019 R.S. to Part-I (Extraordinary) A.P. Gazette dated 10-9-2003 No. G.O. Ms. No. 488. - In exercise of the powers conferred by Sections 3 and 15 of the Andhra Pradesh Educational Institutions (Regulation of Admission and Prohibition of Capitation Fee) Act, 1983 (A.P. Act No. 5 of 1983) and in super cession of the Andhra Pradesh Professional Educational Institutions (Regulation of Admission into Under Graduate Professional Courses through Common Entrance Test) Rules, 1983, issued in G.O.Ms.No. 184, Education, dated 20-08-1993 and G.O.Ms.No. 225, HM&FW (El) Department, dated 16-06-2001 the Governor of Andhra Pradesh hereby makes the following Rules for admission into the Under Graduate Professional Courses in Medical and Dental in Un-aided Non-Minority Professional Institutions in the State. ### 1. Short title applicability and commencement. - (i) These rules may be called the Andhra Pradesh Un-aided Non-Minority Professional Institutions (Regulation of Admissions into Under-graduate Medical and Dental Professional Courses) Rules, 2003. (ii) They shall apply to all Un-aided Non-Minority Professional Institutions imparting Under-Graduate Professional Education in Medical and Dental courses for which admissions shall be made to the "Competent authority seats", to "EAMCET ranking based Management seats" "Management seats" in such manner as prescribed herein. (iii) These Rules shall come into force from the academic year 2003-2004. ### 2. Definitions. - 1. In these rules, unless the context otherwise requires; (i) "Act" means the Andhra Pradesh Educational Institutions (Regulation of Admission and Prohibition of capitation Fee) Act, 1983 (A.P. Act No. 5 of 1983) (ii) "Competent Authority" means the Vice Chancellor, NTR University of Health Sciences, Andhra Pradesh, Vijayawada. (iii) "Committee for Admissions" means the Committee nominated by the Competent Authority to select and make allotment of candidates to Professional Institutions offering Medical and Dental Courses in the State for Admissions in accordance with the provisions laid down. (iv) "Common Entrance Test" means EAMCET, the examination conducted for assigning rank or merit to candidates, which will be the basis for admission of the candidates into the first year of Under-Graduate Courses concerned in various Un-aided Non-Minority Professional Institutions in the State. (v) "Competent Authority Seats" means the seats earmarked from out of the sanctioned intake of seats in each course and in each college to be filled by the Committee of Admissions. (vi) "EAMCET ranking based Management Seats" means the seats earmarked from out of the sanctioned intake of the seats in each course to be filled by the Committee appointed by the Managements of the Un-aided Non-Minority Professional Institutions or if the institution (s) or management committee concerned so desire, by the committee of admissions constituted by the competent authority. (vii) "Management Seats" means the seats earmarked from out of the sanctioned intake of seats in each course to be filled by the Management of the Unaided Non-Minority Professional Institutions in such manner as may be prescribed by the Government or if the institution (s) concerned so desire, by the committee of admissions constituted by competent authority or by the management committee. (viii) "Inspecting Authority" means the Authority appointed by the Competent Authority for inspecting and scrutinizing the Admissions of the candidates made in the Un-aided Non-Minority Professional Institutions. (ix) "Institutions" means, unless otherwise specifically mentioned, all the Un-aided Non-Minority Professional Institutions imparting Professional Education in Medical and Dental courses. (x) "Local Area" means the territorial jurisdiction prescribed for identifying the local candidate. (xi) "Local Candidate" means the candidate in relation to the local area as specified in Rule 8(B). (xii) "Qualified Candidate" in respect of seats to be filled by the "Competent Authority' and EAMCET ranking based management seats means the candidate who has appeared for the Common Entrance Test for admission into the related Professional Courses and has been assigned ranking in the Common Merit List as per Rule 5 of the A.P. Common Entrance Test for entry into Engineering, Architecture, Pharmacy, Agriculture, Medical and Dental Courses Rules, 2003. (xiii) "Qualified Candidate" in respect of Management Seats shall be as specified in Rule 3(d) herein. (xiv) "Qualifying Examination" means the examination of the minimum qualification prescribed for passing of which entitles one to seek admission into the relevant Professional Course. ### 2. Words and expressions used but not defined in these rules shall have the same meaning as assigned to them in the Andhra Pradesh Educational Institutions (Regulation of Admission and Prohibition of capitation fee) Act, 1983 (Act No. 5 of 1983) unless otherwise defined by the Government in Health Medical and Family Welfare Department or by the Competent Authority. ### 3. Eligibility Criteria for Admission. - Admission into various Courses in different Professional Educational Institutions shall be governed by the rules of admission prescribed herein. The eligibility criteria for Admission into Medical and Dental Courses shall be as mentioned below: (a) Nationality and Domicile. - The candidates should be Indian Nationals and should satisfy Local, Non-local status requirement as laid down in the Andhra Pradesh Educational Institutions (Regulation of Admission) Order, 1974 as amended in G.O.(P) No. 646, Education (W) Department dated 10-07-1979. (b) The above clause (a) Nationality and Domicile is not applicable for the category-C Seats filled by the management. (c) Age Limit: Candidates should have completed the age of seventeen years on or before 31st December of the year of admission. (d) Educational Qualifications: The candidates should pass two years intermediate examination (10 +2 pattern) or equivalent examination with Physics, Chemistry, Botany, Zoology and English individually and must have obtained a minimum of 50% marks taken together in Physics, Chemistry, Botany and Zoology at the qualifying examination. In respect of candidates belonging to Scheduled Caste and Scheduled Tribes, the marks obtained shall be a minimum of 40% marks taken together in Physics, Chemistry, Botany and Zoology. ### 4. Allotment of seats. - The seats to be allotted in each Un-aided Non-Minority Professional Institution under these Rules for Admission of candidates shall be classified as: (i) Category-A Seats (50% of the sanctioned in take of the seats) -"Competent Authority Seats": - The seats shall be filled up through counseling by the committee for admissions appointed by the competent authority as per merit from the candidates who have qualified at the common entrance test, EAMCET held by the State for that year and following the rules of reservation. (ii) Category-B (25% of the sanctioned intake of the seats) - "Eamcet ranking based Management Seats": - Seats to be filled up through a common counseling by a committee of managements of the colleges/ institutions to be constituted as per the schedule prescribed by the competent authority or if the institution (s) concerned or management committee so desire, by the committee of admissions constituted by competent authority. The seats shall be filled based on merit in the common entrance test (EAMCET) held by the State for that year and with candidates who have applied to the committee constituted by colleges/institutions concerned for admission by following the rules of reservation. (iii) Category-C (25% of the sanctioned intake of the Seats) - Management Seats: - Seats to be filled up by the respective management of the college/ institution through any rational and transparent method of selection devised by itself subject to fulfillment of the eligibility criteria prescribed by the Medical Council of India/Dental Council of India / Government of India/ State Government/NTR University of Health Sciences, A.P. Vijayawada or if the institution (s) concerned so desire, by the committee of admissions constituted by competent authority or by the management committee. ### 5. Authority for Admissions to Category-A seats, Category-B seats and Category-C Seats. - (i) The Category-A Seats (Competent Authority Seats) (50% of the Total Intake of the Seats) shall be filled by the Committee for Admissions appointed by the Competent Authority under these Rules. (ii) The Category-B Seats (EAMCET Ranking based Management Seats) (25% of the Total Intake of the Seats) shall be filled by the committee constituted by the Managements of all the private unaided non-minority professional colleges/institution(s) as per the rules laid down or if the institutions or management committee so desire, by the committee of admissions constituted by the competent authority. (iii) Category-C (Management Seats) (25% of the Total Intake of the Seats) shall be filled up by the Management of the concerned College through a rational and transparent method of selection, subject to fulfillment of the eligibility criteria and in the manner prescribed by Government under the rules laid down or if the institutions (s) so desire, by the committee of admissions constituted by the competent authority. ### 6. Procedure of Admissions. - (A) To Fill Up Competent Authority Seats (Category-A-50% of the sanctioned intake of the seats) (i) Committee for Admissions shall be constituted by the Competent authority under these rules. (ii) The Competent Authority will issue an advertisement calling for a single application in the prescribed form from the eligible qualified candidates who have been assigned ranking in the Common Entrance Test, Desirous of seeking admission in Government professional Colleges and Private Colleges (private unaided non-minority colleges and private unaided minority colleges) in respect of the seats to be filled by the competent authority. (iii) The candidates who are qualified to seek admission as a consequence of obtaining rank in the common entrance test and desirous of seeking admission into the Government/unaided private/ unaided minority professional institutions shall make application to the competent authority enclosing all the relevant documents including a copy of rank card issued. The application shall be acknowledged. (iv) The competent authority shall scrutinize all the applications received from the candidates. After scrutiny the competent authority shall prepare the following merit lists namely - (a) Common merit list: containing the names of all the candidates arranged in the order of merit ranking assigned to them in the common entrance test. (b) Category wise merit list: containing the names of the candidates belonging to the concerned categories arranged in the order of merit ranking assigned to them in the common entrance test. (c) In case of same rank being obtained by more than one candidate, the marks obtained in Physics, Chemistry, Botany and Zoology shall be reckoned. (d) In case of a further tie, the older candidate shall be given the higher place in the merit list. (v) Candidates will be called for an interview in the order of merit for selection and allotment of course and institution. (a) All the candidates called for interview shall submit the specified original documents along with one set of duly attested photocopies and the Committee for Admissions shall be entitled to cause verification of all the documents produced by the Candidates. (b) As and when each candidate gets his turn for interview in the order of merit, choice of institutions and course will be given to him, depending upon availability at the point of time with due regard to the eligibility of the candidate for a seat in a particular local area or for a particular reserved category. (c) The selection of candidates and allotment of course institutions in respect of seats to be filled up by the competent authority in Govt, professional Colleges, unaided Private Professional Colleges and unaided minority professional colleges shall also be solely on the basis of merit as adjudged by the rank obtained in the Entrance Test subject to the condition that the candidate should have passed the qualifying examination with the minimum marks prescribed. (d) Mere appearance at the Entrance Test and obtaining high rank in the merit list does not entitle a candidate to be considered for admission automatically into any Course/Institution unless he/she also satisfies the rules and regulations of admission prescribed by the NTR UHS/Government including marks to be obtained in the qualifying examination etc. (vi) The Committee of Admissions shall select and allot candidates in respect of seats to be filled by the competent authority in the Govt, professional Colleges, unaided Private Non-Minority Professional Colleges and unaided minority professional colleges simultaneously. (vii) Once a candidates secures admission to a particular college/institution based on his/her option, no more claim for admission into other college/ institution, to any other kind of seat or any other course be entertained except as provided by the committee for admissions in the subsequent counseling, if any. (viii) The candidates selected for admission into Government Professional Colleges, unaided Private Professional Colleges or unaided minority professional colleges shall pay the prescribed fee in the form demand draft drawn on any Nationalized Bank in favour of the Registrar, NTRUHS Payable at Vijayawada. If a candidate fails to pay the fee on the day of selection the selection will be cancelled forthwith and it will be filled up in the subsequent selections by Counseling. (ix) The fee so collected as mentioned above shall be kept with the competent authority till the entire admission process is completed. As soon as the admission process is completed, the fees so collected shall be transferred to the colleges concerned. (x) A candidate after selection and allotment to a college/course can withdraw from the course only, with in one day from the date of admission as notified by the Competent Authority i.e., NTR University of Health Sciences, A.P., Vijayawada, then the fee paid by the candidate shall be refunded. Resultant vacancies if any shall be filled following the prescribed procedure, in the final counseling as notified by competent authority. (xi) Candidates are considered for selection only for such categories for which they have claimed reservation in the application form and submitted supporting documents. Request for a change to any other category after submission of application shall not be considered. (xii) The selection will be made only from among the candidates who physically present themselves when called in order of merit. Claims of the candidates will not be considered if they are absent when called thrice at the time of selection/counseling and the next in the merit would be called. (xiii) Resultant vacancies will be open to all the candidates below the rank of candidates who have not joined the course and the candidates who are absent in the earlier selection. Resultant vacancies shall be filled by the candidates belonging to the same category of the students as those who have not joined the course or vacated the seat. (xiv) The selection committee shall have the power to cancel the selection or admission of the candidates at any stage if it is detected either during the selection or before closure of admissions that the selection or admission is against the regulation. (xv) All the candidates selected should undergo Medical Examination as directed by the Head of the Institution concerned. The admission of the candidates shall be subject to their fitness in the medical examination. (xvi) The Competent Authority/Committee for Admissions shall prepare the final list of candidates, admitted course wise and institution-wise and send the same to NTR University for Health Sciences. (xvii) The Competent Authority in consultation with Committee for admission shall fix the cut off dates for each stage of admission contemplated above. (B) To Fill Up EAMCET Ranking Based Management Seats. (Category-B 25% of the sanctioned in take of the seats) (i) Category-B seats shall be filled by the committee of the managements in a transparent manner from among the students who have passed EAMCET based on merit therein and have applied to the committee constituted by the institutions/colleges concerned for admission and by duly following Rules of Reservation applicable in the State. (ii) The managements of private Un-aided Non-minority Professional Institutions shall complete the process of admissions within the time frame following such procedure as prescribed by the competent authority for making admissions into the Category-B seats of all the Private Medical and Dental Colleges. (iii) The Committee of Management will function at a convenient place and shall complete the admissions process within stipulated date as notified by the NTRUHS. (iv) The committee of the Managements so constituted shall issue a notification in two leading news papers calling for a single common application form for admission into the above seats in all the colleges, informing of the dates and venue of the counseling. (v) The Committee of Managements shall fix a reasonable fee as cost of the application form in consultation with the Competent Authority. (vi) The application forms shall be on sale in person and by post at all the private medical colleges/dental colleges and at the office of the Director of Medical Education, A.P., Hyderabad and at the office of NTR University of Health Sciences, Vijayawada and Hyderabad and such places as notified by the Competent Authority. (vii) The committee of Managements will also issue the guidelines for selection and allotment of candidates against the above seats basing upon the rules as applicable herein and indicating the prescribed fee and other rules. (viii) The observer appointed by the Competent Authority shall monitor and guide the Committee in the admission process to Category-"B" seats. (ix) The Competent Authority shall pool up the above seats in all the colleges and shall prepare the seat matrix separately for each region by following the Rules of reservation. (x) The Admissions shall be made in the following manner: - (a) The Committee of the Managements shall scrutinize the application forms received and shall prepare a common merit list based on seat matrix prepared by the competent authority. (b) The committee of the managements of private unaided non-minority colleges shall scrutinize all the applications received from the candidates. After scrutiny the committee of management shall prepare the following merit lists namely- (i) Common merit list: containing the names of all the candidates arranged in the order of merit ranking assigned to them in the common entrance test. (ii) Category wise merit list: containing the names of the candidates belonging to the concerned categories arranged in the order of merit ranking assigned to them in the common entrance test. (iii) In case of same rank being obtained by more than one candidate, the marks obtained in Physics, Chemistry, Botany and Zoology shall be reckoned. (iv) In case of a further tie, the older candidate shall be given the higher place in the merit list. (c) The candidates shall attend the counseling with all their original certificates. (d) The committee of Managements shall select the candidates in the counseling by calling for candidates based on EAMCET ranking and as per the seat matrix approved by the Competent Authority. (e) The committee of management shall send a copy of the merit list and list of candidates selected into respective colleges to the competent authority for approval. (f) The candidates selected for admission into Government Professional Colleges, unaided Private Professional Colleges or unaided minority professional colleges shall pay the prescribed fee in the form of demand draft drawn on any Nationalized Bank in favour of the Registrar, NTRUHS Payable at Vijayawada. If a candidate fails to pay the fee on the day of selection the selection will be cancelled forthwith and it will be filled up in the subsequent selections by Counseling as per prescribed procedure. (g) The fee so collected in the form as mentioned above shall be kept with the Committee of Managements till the entire admission process is completed. As soon as the admission process is completed, the fees so collected shall be transferred to the colleges concerned. (h) If a candidate after the final selection fails to report to the Principal of the respective college on or before the stipulated time, the seat will be treated as vacant and the Principal of the respective college shall fill up the vacant seat by the Management under Category-C, provided the procedure of the admission and counseling including subsequent counselings to fill up the seats as prescribed, should have been followed. (i) The above rules shall be followed scrupulously. Any violation of the rules shall entail cancellation of admissions of the candidates concerned and conduct of admissions afresh following the procedure etc. (C) To Fill Up Management Seats (C-Category - 25% of the Sanctioned Intake of the Seats). (a) "Management Seats" - 25% of the sanctioned intake of seats, shall be filled up by the Management of the Institution keeping them open to all the candidates satisfying the eligibility criteria under Rule (3) including candidates belonging to other States, Union Territories of India, the Non-Resident Indian and foreign nationals on the basis of marks secured in the qualifying examination and based on merit and ensuring transparency. (b) The candidates who have passed the qualifying examination from outside the State or outside the Country has to submit the equivalency certificate from NTR University of Health Sciences, A.P., Vijayawada. ### 7. Cut off date for admissions. - The Competent Authority, the Committee of Private Un aided Minority/Non-Minority and the management of the concerned private colleges shall close the admission process on such date as notified by the Competent Authority that is NTRUHS. Subsequent to this date no admissions in the private unaided professional institutions shall be made in pursuance of the judgment rendered by the Hon'ble Supreme Court in Madhu Singh Case. ### 8. Rules of Reservation for admission. - Seats shall be reserved for the following categories in Admissions to Professional Courses: (i) Region-Wise reservation of Seats. - (a) Admission to 85% of the "Competent Authority Seats" in each Course shall be reserved for the local candidates and the remaining 15% of the "Competent Authority Seats" shall be unreserved seats as specified in the Andhra Pradesh Educational Institutions (Regulations and Admissions) Order, 1974 as subsequently amended. (b) In respect of State Wide Institutions, admission into 85% of seats, in each course shall be reserved for the candidates belonging to the three local areas in the State specified in this sub-rule namely, Andhra University area (Andhra), Osmania University area (Telangana) and Sri Venkateswara University area (Rayalaseema) in the ratio of 42 : 36 : 22 respectively and the balance of 15% seats shall be un-reserved seats. Explanations. - for purpose of these Rules: (A) "The Local Areas" means: (a) The part of the State comprising the Districts of Adilabad, Hyderabad (including Twin Cities) Ranga Reddy, Karimnagar. Khammam, Medak, Mahabubnagar, Nalgonda; Nizamabad and Warangal shall be regarded as the Osmania University Local Area (Telangana). (b) The part of the State comprising the districts of Srikakulam, Vizianagaram, Visakhapatnam, East Godavari, West Godavari, Krishna, Guntur and Prakasam shall be regarded as the Andhra University Local Area (Andhra). (c) The part of the State Comprising the districts of Anantapur, Kumool, Chittoor, Cuddapah and Nellore shall be regarded as the Sri Venkateswara University Local area (Rayalaseema). (B) "The Local candidate" means. - A candidate for admission shall be regarded as a local candidate in relation to a local area. (a) If he has studied in Educational Institutions in such local area for a period of not less than four consecutive academic years ending with the academic year in which he appeared or as the case may be, first appeared in the relevant qualifying examination. (b) Where, during the whole or any part of the four consecutive academic years ending with the academic year in which he appeared or as the case may be first appeared for the relevant qualifying examination he has not studied in any Educational Institutions, if he has resided in the local area for a period of not less than four years immediately preceding the date of commencement of the relevant qualifying examination which he appeared or as the case may be first appeared. (C) A candidate for admission to the Course who is not regarded as local candidate under clause (A) in relation to any local area shall. (1) If he has studied in Educational Institutions in the State for a period of not less than seven consecutive academic years ending with the academic year in which he appeared or as the case may be first appeared for the relevant qualifying examination be regarded as a local candidate in relation to - (a) Such local area where he has studied for the maximum period our of said period of seven years; OR (b) Where the period of his study in two or more local areas are equal, such local area, where he has studied last in such equal period. (2) If, during the whole or any part of seven consecutive academic years ending with the academic year in which he appeared or as case may be first appeared for the relevant qualifying examination he has not studied in the Educational Institutions in any local area but has resided in the State during the whole of the said period of seven years, be regarded as a local candidate in relation to......... (i) Such local area where he has resided for the maximum period out of the said period of seven years OR (ii) Where the periods oi his residence in two or more local areas are equal, such local area where he has resided last in such equal periods. (D) The following categories of candidates are eligible to apply for admission to the remaining 15% of un-reserved seats: (a) All the candidates eligible to be declared as local candidates. (b) Candidates who have resided in the State for a total period of 10 years excluding periods of study outside the State or either of whose parent have resided in the State for a total period of ten years excluding period of employment outside the State. (c) Candidates who are children of parents who are in employment of the state or Central Government, Public Sector Corporations, Local Bodies, Universities and Educational Institutions other similar quasi Public Institutions within the State. (d) Candidates who are spouses of those in the employment of the State or Central Government, Public Sector Corporations, Local Bodies, Universities and Educational Institutions reorganised by the Government or University or other competent authority and similar quasi Government Institutions within the State. (E) if a local candidate in respect of a local area is not available to fill any seat reserved or allocated in favour of a local candidate in respect of that local area, such seat shall be filled as if it has been unreserved, in the order of ranking assigned in the common merit list. Note. - For details, see the Andhra Pradesh Educational Institutions (Regulations of Admission) Order, 1974 as amended in G.O.(P) No. 646, Education (W) Department, dated 10-07-1979. (ii) Reservation of seats for SC/ST/BC Communities. - (a) 15% of seats in each course shall be reserved for the candidates belonging to Scheduled Caste as shown below: - SC-A .. 1% SC-B .. 7% SC-C .. 6% SC-D .. 1% (b) 6% of seats in each course shall be reserved for the candidates belonging to the Scheduled Tribes. The seats reserved for Scheduled Tribes shall be made available to Scheduled Castes and Vice-Versa, if qualified candidates are not available in the category. If qualified candidate belongs to Scheduled Castes and Scheduled Tribes communities are not available, the left over seats reserved for them shall be treated as open competition seats and shall be filled by the candidates o! General Pool. (c) 25% seats in each course shall be reserved for the candidates belonging to the Backward Classes and shall be allocated among the four groups of Backward Classes as shown below: Group 'A' .. 7% Group 'B' .. 10% Group 'C' .. 1% Group 'D' .. 7% If qualified candidates belonging to Backward Class of a particular group are not available, the left over seats can be adjusted for the candidates of next group. If qualified candidates belonging to Backward classes are not available to fill up the 25% seats reserved for them, the left over seats shall be treated as open competition seats and shall be filled up with candidates of General Pool. (d) No candidate seeking reservation for admission under the above categories be allowed to participate in the Counseling for admission unless he produces the Integrated community Certificate prescribed by the Government and issued by the Revenue Authorities in the Government (Vide G.O.Ms.No.58, Social Welfare (J) Department, dated 12-05-1997). (iii) Reservation for Special Categories. - (a) Seats shall also be reserved in each course for the following categories, to the extent indicated against them: (i) Physically Handicapped .. 1/4% (0.25%) (ii) National Cadet Corps .. 1/4% (0.25%) (iii) Games and Sports .. 1/2% (0.50%) (iv) 1 % for the Children of Ex-servicemen and serving service personnel of the three wings of the Defence Services i.e., Army Navy and Airforce, subject to the condition that the Ex-service men etc. are residing for a minimum of five years in Andhra Pradesh, provided that if suitable candidates are not available equivalent to fulfill the above reservation, the condition of five year minimum period of residence shall not be insisted upon. (b) The priorities in respect of the categories mentioned in item (a) above as declared by the Government vide G.O.Ms.No. 254, HM&FW (El) Department, dated 28-04-1993 and subsequent amendments thereto. Note. - The candidates claiming reservation benefits under the above categories shall produce original documents in support of their claim to the Committee for Admissions and he shall be entitled to refer the original documents of the candidates claiming reservation for scrutiny and confirmation to the following authorities: (i) NCC .. To the Director of NCC, Andhra Pradesh (ii) Sports & Games .. To the Vice-Chairman and Managing Director, Sports Authority of Andhra Pradesh (SAAP) (iii) Physically Handicapped .. To the Medical Board constituted by the Competent Authority. (iv) CAP.. To the Director, Sainik Welfare Board, Andhra Pradesh. (iv) Reservation of seats for women. - 33 1/3 % of seats are guaranteed for women : candidates in each category. This regulation of guarantee shall not be applicable if women candidate is selected on merit in each category form 33 1/3 % or more of the seats therein. When the number of women candidates falls short of this percentage, it shall be made up by replaying the last selected male candidate by women candidate in that category. ### 9. (i) Fee for Private Unaided Non-Minority Medical Colleges. (a) The fee for Competent Authority Seats (Category-A 50% of the Seats) seats after concession by the management shall not exceed Rs. 55,000/- (Rupees fifty five thousand only) per annum and shall be payable by the Candidate each year for five years. (b) The fee for EAMCET based Management Seats (Category-B 25%) shall not exceed Rs. 2.00,000/-(Rupees two lakhs only) per annum and shall be payable by the candidate every year for five years. (c) The Category-C seats of 25% to be filled by the Management directly, no specific fee is suggested by the Government and the management of the Institution concerned shall fix a reasonable fee. (ii) Fee for Dental Colleges: (a) The fee for Category-A of seats after concession by the management shall not exceed Rs. 40,000/- (Rupees forty thousand only) per annum and shall be payable by the Candidate every year for four years. (b) The fee for Category 'B' seats (25%) shall not exceed Rs. 1.10,000/-(Rupees one lakh ten thousand only) per annum and shall be payable by the candidate every year for four years. (c) The Category-C seats of 25% to be filled by the Management directly, no specific fee is suggested by the Government and the management of the Institution concerned shall fix a reasonable fee. (iii) The management shall not collect any other fees in any other form i.e., in the name of development fee, building fund fee, infrastructure development fee, etc. except the following fee/deposits from the students belongs to all categories namely A, B & C: (A) Hostel fee should be collected in the following manner: (a) Hostel Rent: per Quarter in Advance. (b) Mess Charges : Per month at the end of the Month. (B) A Nominal refundable Deposit of Rs. 10,000/- at the time of admission towards library deposit, laboratory deposit, etc. (C) The Management of the private college will be permitted to collect a stipend fee of Rs. 25,000/- which should be collected in installments at Rs. 5,000/- per annum for five years from the students and the same will be disbursed during their internship as stipend if the student wish to continue in the same institution only. (D) The management shall not charge any capitation fee or resort to profiteering in accordance with the judgments of the Supreme Court of India read above. (iv) The candidates selected and admitted into professional courses shall pay the fee as prescribed by the University towards the fee payable to the University, which is non-refundable.

65b949d1ab84c7eca86e8ce0

acts

State of Chattisgarh - Act ---------------------------- The Chhattisgarh Moneylenders Act, 1934 ----------------------------------------- CHHATTISGARH India The Chhattisgarh Moneylenders Act, 1934 ========================================= Act 13 of 1934 ---------------- * Published on 31 December 2010 * Commenced on 31 December 2010 The Chhattisgarh Moneylenders Act, 1934 C.G. Act No. 13 of 1934 Last Updated 4th November, 2019 An Act to regulate the transactions of money lending in Chhattisgarh. Whereas, it is expedient to make better provision for the regulation and control of the transactions of money lending; And whereas, the previous sanction of the Governor-General, required under sub-section (3) of Section 80-A of the Government of India Act, has been obtained to the passing of this Act; It is hereby enacted as follows :- ### 1. Short title, extent and commencement. (1) This Act may be called the Chhattisgarh Moneylenders Act, 1934. (2) [ It extends to the whole of Chhattisgarh except referred Scheduled Areas] [Substituted by C.G. Act No. 2 of 2011, dated 31.12.2010.] . ### 2. Definition. - In this Act, unless there is anything repugnant in the subject or context- (i) "bank" means company carrying on the business of banking and registered under any of the enactments relating to companies for the time being in force in the United Kingdom or in any of the Colonies or Dependencies thereof, or in a Part A State or a Part C State or incorporated by an Act of Parliament of the United Kingdom or by Royal Charter or Letters Patent or by any Central Act; (ii) "company" means a company registered under any of the enactments relating to companies for the lime being in force in the United Kingdom or any of the Colonies or Dependencies thereof, or in a Part A State or a Part C State, or incorporated by an Act of Parliament of the United Kingdom or by Royal Charter of Letters Patent and includes Life Assurance Companies to which the Indian Lite Assurance Companies Act, 1912 (VI of 1912), applies; (iii) "co-operative society" means a society registered under the Co-operative Societies Act, 1912 (II of 1912); (iv) "Court" includes a Court acting in the exercise of insolvency jurisdiction; (v) "moneylender" means a person who, in the regular course of business, advances a loan as defined in this Act and shall include, subject to the provisions of Section 3, the legal representatives and the successors-in-interest whether by inheritance, assignment or otherwise of the person who advanced the loan and money-lending shall be construed accordingly; (vi) "interest" includes the return to be made over and above what was actually lent whether the same is charged or sought to be recovered specifically by way of interest or otherwise, whether or not such interest is capitalized within twelve years from the date of the last transaction; (vii) "loan" means an actual advance made within twelve years from the date of the last transaction whether of money or in kind at interest and shall include any transaction, which the Court finds to be in substance a loan, but it shall not include - (a) a deposit of money or other property in a Government post office, bank or any other bank or in a company or with a co-operative society, (b) a loan to or by or a deposit with any society, or association registered under the Societies Registration Act, 1860 (XXI of 1860), or under any other enactment, (c) a loan advanced by any Government or by any local authority authorized by any Government, (d) a loan advanced by a bank, a co-operative society or a company whose accounts are subject to audit by a certified auditor under the Companies Act, 1913 (VII of 1913), (e) an advance made on the basis of a negotiable instrument, as defined in the Negotiable Instruments Act, 1881 (XXVI of 1881), other than a promissory note, (f) a transaction which is a charge created by operation of law on, or is in substance a sale of, immovable property, (g) a loan advanced to an agricultural labourer by his employer. (viii) "prescribed" means prescribed by rules made under this Act; (viii-a) "Sub-Divisional Officer" means the Sub-Divisional Officer within the meaning of Section 22 of the Chhattisgarh Land Revenue Code, 1959 (No. 20 of 1959); (ix) "Registering Authority" means in rural area, Zila Panchayat or Janpad Panchayat or Gram Panchayat constituted under the Chhattisgarh Panchayat Raj Adhiniyam, 1993 (1 of 1994) for their respective Panchayat Areas and in Urban areas, Municipal Corporation constituted under the Chhattisgarh Municipal Corporation Act, 1956 (No. 23 of 1956) or Municipal Council or Nagar Panchayat constituted under the Chhattisgarh Municipalities Act, 1961 ( No. 37 of 1961 ) as the case may be, for their respective areas. ### 2A. Moneylender to deliver voucher to the debtor containing description of loan, etc. (1) Every moneylender shall, on advancing a loan to a debtor forthwith deliver to the debtor a voucher under his signature evidencing the transaction of loan. (2) Such voucher shall contain,- (a) amount or, as the case may be, the quantity of loan advanced; (b) sufficient description of movable or immovable property pledged or mortgaged, as the case may be, so as to enable identification of property; (c) the rate of interest chargeable on the loan advanced; (d) where movable property is being pledged, acknowledgement of the delivery of such movable property by the debtor and receipt thereof by the money-lender; and (e) such other particulars as may be prescribed. (3) The moneylender shall also forward a copy of the voucher delivered to the debtor under sub-section (1) to the Sub-Divisional Officer concerned within such time as may be prescribed. ### 3. Maintenance of accounts by moneylender and supply of statements thereof to debtors. (1) Every moneylender shall- (a) regularly maintain an account for each debtor separately of all transactions in respect of any loan advanced to that debtor; (b) furnish such debtor every year with a legible statement of accounts signed by the moneylender or his agent or any balance of amount that may be outstanding against such debtor on such dale and in such areas as may be prescribed. Such statement of accounts shall include all transactions in respect of the loan entered into during the year to which the statement relates and shall be furnished, in the Court language of the district in which the debtor resides, and in such manner, in such form, containing such details and on such date as may be prescribed; (c) furnish to the Sub-Divisional Officer concerned a copy of every statement of account furnished to a debtor under clause (b). (2) The account required under clause (a) of sub-section (1) shall be so maintained that items due by way of interest shall be shown as separate and distinct from the principal sum and separate totals of principal and interest shall be shown. The moneylender shall not, in the absence of agreement, include the interest or any portion of it in the principal sum, and the principal and interest shall be separately shown in the opening balance of each new annual account: Provided that- (i) if the loan has, since it was originally advanced, passed by inheritance or assignment to a widow or a minor, such widow or minor shall not be bound to maintain and furnish the account under sub-section (1) for a period of two years from the date of such passing; (ii) nothing in this section shall be deemed to lay upon any person the duty of maintaining and furnishing the account under sub-section (1) in the case of a loan wherein the title to recover is subjudice between two or more persons claiming as moneylenders adversely to each other unless and until the title has been finally decided by a Court of competent jurisdiction. ### 4. Evidential value of copies of accounts. - Copies of entries in the account required to be maintained under clause (a) of sub-section (1) of Section 3, when certified in such manner as may be prescribed, shall be admissible in evidence for any purpose in the same manner and to the same extent as the original entries. ### 5. Debtors not bound to admit correctness of accounts supplied. - A debtor to whom a statement of accounts has been furnished under clause (b) of sub-section (1) of Section 3 shall not be bound to acknowledge or deny its correctness and his failure to protest shall not by itself be deemed to be an admission of the correctness of the account. ### 6. Receipt for repayment of loan. - Every moneylender, who receives repayment from his debtor on account of any loan advanced to him, shall forthwith give a receipt therefor. ### 7. Procedure of Court in suits regarding loans. - Notwithstanding anything contained in any other enactment for the time being in force, in any suit or proceeding relating to a loan- (a) the Court shall, before deciding the claim on the merits, frame and decide the issue whether the moneylender has complied with the provisions of clauses (a) and (b) of sub-section (1) of Section 3; (b) if the Court finds that the provisions of clause (a) of sub-section (1) of Section 3 or of Section 6 have not been complied with by the moneylender, it shall, if the plaintiff's claim is established in whole or in part, disallow the whole or any portion of the interest found due, as may seem reasonable to it in the circumstances of the case, and may disallow costs; and (c) if the Court finds that the provisions of clause (b) of sub-section (1) of Section 3 have not been complied with by the moneylender, it shall, in computing the amount of interest due upon the loan, exclude every period for which the moneylender omitted duly to furnish the account as required by that clause : Provided that if the moneylender has, after the time prescribed in that clause, furnished the account and the plaintiff satisfies the Court that he had sufficient cause for not furnishing it earlier, the Court may, notwithstanding such omission, include any such period or periods for the purpose of computing the interest. Explanation. - A moneylender who has maintained his account and furnished his annual statement of accounts in the prescribed form and manner shall be held to have complied with the provisions of clauses (a) and (b) of sub-section (1) of Section 3 in spite of any errors and omissions, if the Court finds that such errors and omissions are accidental and not material and that the accounts have been kept in good-faith with the intention of complying with the provisions of those clauses. ### 8. Savings. - The provisions of Sections 3, 4, 5, 6 and 7 shall not apply to any loan made before this Act comes into force : Provided that, if any fresh transaction in respect of a loan made before this Act comes into force is made after this Act comes into force, such transaction shall be subject to the provisions of those sections. ### 9. Power of Court to limit interest recoverable in certain cases. - Notwithstanding anything contained in any other enactment for the lime being in force, no Court original or appellate shall decree, in respect of any loan made before this Act comes into force, on account of arrears of interest, a sum greater than the principal of such loan [x x x] ### 10. Power of Court to limit interest to the extent of principal of loan. - No Court shall, in respect of any loan made after this Act comes into force, decree on account of arrears of interest a sum greater than the principal of the loan. ### 11. Power to direct payment of decretal amount by instalments. - The Court may, at any time on the application of a judgement-debtor, after notice to the decree holder, direct that the amount of any decree passed against him, whether before or after this Act comes into force, in respect of a loan shall be paid in such number of instalments and subject to such conditions on the dates fixed by it as, having regard to the circumstances of the judgement-debtor and the amount of the decree, it considers fit. During the pendency of an inquiiy under this section, the Court may order the stay of execution of the decree, subject to such conditions as it may impose. Such order shall be deemed to have been passed under Section 47 of the Code of Civil Procedure, 1908 (V of 1908). ### 11A. Register of moneylenders. (1) Every Registering Authority shall maintain a register of moneylenders in such form as may be prescribed. (2) Such register shall be deemed to be a public document within the meaning of the Indian Evidence Act, 1872 (I of 1872), [x x x]. ### 11B. Registration of moneylenders and registration certificate. (1) Every person who carries on or intends to carry on the business of money lending shall get himself registered by an application made to the Registering Authority of that area in which he carries on or intends to carry on such business and, on such registration, the Registering Authority shall grant a registration certificate to him in such form as may be prescribed : Provided that no person being a firm or partner of a firm of moneylenders shall be so registered except upon production before the Registering Authority of a certified copy of an entry showing such person as the firm or partners, as the case may be, made in the register of firms under Section 59 of the Indian Partnership Act, 1932 (No. 9 of 1932) : Provided further that no registration certificate shall be granted to carry on the business of money lending in the Scheduled Areas referred to in clause (1) of Article 244 of the Constitution. (2) The application made under sub-section (1) shall be in writing and shall specify the area in which the applicant carries on or intends to carry' on the business of money lending and such other particulars as may be prescribed.] ### 11BB. Transfer of old records by Tahsildar to Registering Authority. - All the records held by the Tahsildar prior to the commencement of the Chhattisgarh Money-lenders (Amendment) Act, 2000 shall stand transferred to the Zila Panchayat. ### 11C. Registration fee. (1) The person who makes an application under Section 11-B shall pay in the prescribed manner a registration foe at the rate of [1000 rupees] [Substituted '50 Rupees' by C.G. Act No. 7 of 2006 (w.e.f. 25.1.2006).] per annum [x x x] : Provided that the State Government may, by notification, exempt any class of persons from the payment of the registration fee either generally or for any specified area. (2) A registration certificate may, at the request of the applicant therefor, be granted for a period of [five years] [Substituted 'one year or two' by C.G. Act No. 7 of 2006 (w.e.f. 25.1.2006).] . ### 11D. Area in which business is to be carried on. - The registration certificate granted under Section 11-B shall not entitle the holder thereof to carry on the business of money lending in any area other than that area for which such certificate has been granted. ### 11E. Omitted. ### 11F. Bar to carry on business without registration certificate. (1) No person shall carry on the business of money lending in any area unless he holds a valid registration certificate in respect of that area : Provided that the person who holds a valid registration certificate shall not carry on the business of money lending in the area of a Gram Panchayat or shall not lend money to a member of a Gram Sabha if a resolution to that effect is duly passed by the Gram Sabha of such Gram Panchayat. (2) Whoever contravenes the provisions of sub-section (1), in any area other than the Scheduled Area, shall be punishable with fine which may extend to two thousand rupees or, if he has previously been convicted of an offence under that sub-section, with fine which may extend to five thousand rupees. (3) Whoever contravenes the provisions of sub-section (1), in any Scheduled Area, shall be punishable with imprisonment which may extend to two years or with fine which may extend to ten thousand rupees or with both. ### 11FF. Penalty for contravention of provisions of Section 2-A and Section 3 (1) (c) of the Act. - Whoever contravenes the provisions of Section 2-A or clause (c) of sub-section (1) of Section 3 shall be punishable with fine which may extend to two thousand rupees or if he has previously been convicted of an offence under Section 2-A or clause (c) of sub-section (1) of Section 3, as the case may be, with fine which may extend to five thousand rupees. ### 11G. Composition of offences. (1) The Sub-Divisional Officer may accept from any person who has committed an offence against sub-section (1) of Section 11-F in any area other than the Scheduled Area and committed an offence against Section 11-FF in any area, a sum of money not exceeding five thousand rupees by way of compensation for such offence. (2) On payment of such sum of money, no further proceedings shall be taken against such person in respect of such offence, and if in custody he shall be discharged. ### 11H. Suit not to proceed without registration certificate, etc. - No suit for the recovery of a loan advanced by a moneylender shall proceed in a Civil Court until the Court is satisfied that he holds a valid registration certificate or that he is not required to have a registration certificate by reason of the fact that he does not carry on the business of money-lending in any area of Chhattisgarh : Provided that this section shall not apply to a suit instituted before the 1st October, 1940. ### 11I. Continuance inforce of registration certificate. - Any registration certificate granted under this Act, prior to the commencement of the Chhattisgarh Moneylenders (Amendment) Act, 2000 shall continue to be in force for the period for which it was granted. ### 11J. [x x x] ### 12. Power to make rules. (1) All rules for which provision is made in this Act shall be made by the State Government and shall be consistent with this Act. (2) All rules shall be subject to the condition of previous publication. (3) In particular and without prejudice to the generality of the foregoing power, the State Government may make rules prescribing- (a) (i) the other particulars to be stated in the voucher under clause (e) of sub-section (2) of Section 2-A; (ii) the time within which a copy of the voucher shall be forwarded to the Sub-Divisional Officer under sub-section (3) of Section 2-A; (aa) the manner and form with numerals in which statement of accounts shall be furnished and the details to be given in such statement under clause (b) of sub-section (1) of Section 3; (b) the manner in which copies of entries in the account shall be certified under Section 4; (c) the form under Section 11-A; (d) the form of registration certificate under sub-section (1) of Section 11-B; (e) the particulars of an application under sub-section (2) of Section 11-B; (f) the manner in which the registration fee payable under Section 11-C shall be paid; (ff) the manner in which refund shall be made; and (g) the grant of copies of registration certificates. ### 13. Inapplicability of Act to proprietors. - This Act shall not apply to a proprietor who advances grain or money exclusively to any of his tenants for seed, land improvement or agricultural operations. Explanation. -For the purpose of this section the word "improvement" shall have the meaning assigned to it in the Land Improvement Loans Act, 1883 (IX of 1883). [x x x] ### 14. Inapplicability of Act to certain Corporations. - This Act shall not apply to- (i) the Industrial Development Bank of India constituted under the Industrial Development Bank of India Act, 1964 (No. 18 of 1964); (ii) the Industrial Credit and Investment Corporation of India registered under the Companies Act, 1956 (No. 1 of 1956); (iii) the Life Insurance Corporation of India constituted under the Life Insurance Corporation Act, 1956 (No. 31 of 1956); (iv) the Unit Trust of India constituted under the Unit Trust of India Act, 1963 (No. 52 of 1963); (v) the Industrial Finance Corporation of India constituted under the Industrial Finance Corporation Act, 1948 (No. 15 of 1948); (v-A) the International Finance Corporation Washington established under the agreement as defined in clause (a) of Section 2 of the International Finance Corporation (Status, Immunities and Privileges) Act, 1958 (No. 42 of 1958); and (vi) such other financing institution in the public sector which is :- (i) established by or under the Central or State Law for the time being in force; and (ii) controlled or managed by the Central Government or the State Government, as the State Government may, by notification, specify.

65ba662bab84c7eca86eb262

acts

State of Tamilnadu- Act ------------------------- Payment of Wages (Tamil Nadu Amendment) Act, 1959 --------------------------------------------------- TAMILNADU India Payment of Wages (Tamil Nadu Amendment) Act, 1959 =================================================== Act 9 of 1959 --------------- * Published on 9 August 1959 * Commenced on 9 August 1959 Payment of Wages (Tamil Nadu Amendment) Act, 1959 (Tamil Nadu Act 9 of 1959 ) Statement of Objects and Reasons - Payment of Wages (Tamil Nadu Amendment) Act, 1959 (Tamil Nadu Act 9 of 1959 ). - One of the recommendations made at the meeting of the State Labour Advisory Board held on 10th October 1959 was that the Payment of Wages Act, 1936 (Central Act IV of 1936) might be extended to all types of employment. The Payment of Wages Act, 1936, has been recently amended by Central Act 68 of 1957, so as to bring construction industry including building operation and construction and maintenance of power and irrigation systems within the preview of the Act. However, the Central Amending Act does not cover motor and other transport undertakings. It is, therefore, proposed to amend the Payment of Wages Act, 1936, transport undertakings, other than those already covered by that Act. It is also considered necessary that the State Government should have power to extend the provisions of the act to such of the establishments as they may consider necessary from time to time. The bill seeks to achieve the above objects. The Bill also seeks to make amendments necessary consequent on the enactment of Central Act 68 of 1957. Published in Part IV - A of the Fort St. George Gazette Extraordinary, dated the 10th March 1959. Received the assent of the President on the 9th August 1959 and published in the Fort St. George Gazette Extraordinary, dated the 19th August 1959. An Act further to amend the Payment of Wages Act, 1936, in its application to the [State of Tamil Nadu] [Substituted for the expression 'Province of Madras' by the Tamil Nadu Adaptation of Laws Order, 1970.] , whereas it is expedient further to amend the Payment of Wages Act, 1936 (Central Act IV of 1936), in its application to the [State of Tamil Nadu] [Substituted for the expression 'Province of Madras' by the Tamil Nadu Adaptation of Laws Order, 1970.] for the purposes hereinafter appearing; Be it enacted in the Tenth Year of the Republic of India as follows: - ### 1. Short title and extent. (1) This Act may be called the Payment of Wages ([Tamil Nadu] [Substituted for the word 'Madras' by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.] Amendment) Act, 1959. (2) It extends to the whole of the [State of Tamil Nadu] [Substituted for the expression 'Province of Madras' by the Tamil Nadu Adaptation of Laws Order, 1970.] . ### 2. Amendment of section 2, Central Act IV of 1936. - In clause (ii) of the Payment of Wages Act, 1936 (Central Act IV of 1936) (hereinafter referred to as the principal Act), - (i) in item (a), after the words "omnibus service", the words "or motor or other transport undertaking" shall be added; (ii) after item (g) the following item shall be added, namely: - "(h) establishment or undertaking which the State Government may, by notification in the Official Gazette, declare to be an industrial establishment for the purposes of this Act". ### 3. Amendment of section 7, Central Act IV of 1936. - Clause (dd) of sub-section (2) of section 7 of the principal Act shall be omitted. ### 4. Substitution of new section for section 11-A, Central Act IV of 1936. - For section 11-A of the principal Act, the following section shall be substituted, namely: - "11-A. Deductions in respect of house accommodation. - The employer shall make the deductions authorized under clause (d) of sub-section (2) of section 7 from the wages of the employed person and remit the amount so deducted in such manner as the State Government may, by general or special order, specify".

65ba45d0ab84c7eca86eae0e

acts

State of Kerala - Act ----------------------- THE KERALA GENERAL SALES TAX (AMENDMENT) ACT, 2021 ---------------------------------------------------- KERALA India THE KERALA GENERAL SALES TAX (AMENDMENT) ACT, 2021 ==================================================== Act 38 of 2021 ---------------- * Published in Kerala Gazette 3366 on 17 November 2021 * Commenced on 17 November 2021 ACT 38 OF 2021 THE KERALA GENERAL SALES TAX (AMENDMENT) ACT, 2021 An Act further to amend the Kerala General Sales Tax Act, 1963. Preamble.—WHEREAS, it is expedient further to amend the Kerala General Sales Tax Act, 1963 ( 15 of 1963 ) for the purposes hereinafter appearing; BE it enacted in the Seventy-second Year of the Republic of India as follows:— ### 1. Short title and commencement.—(1) This Act may be called the Kerala General Sales Tax (Amendment) Act, 2021. (2) It shall be deemed to have come into force on the 16th day of May, 2020. ### 2. Amendment of the Schedule.—In the Kerala General Sales Tax Act,1963 (15 of 1963) (hereinafter referred to as the principal Act), in the SCHEDULE, in serial number 2, under the heading 'Foreign Liquor', for the entries “27, 80, 102, 72, 212, 202” against sub-entries (i) , (ii), (iii) , (iv) and sub-items (a) and (b) of sub-entry (v), the entries “37, 115, 112, 82, 247, 237” shall, respectively, be substituted. ### 3. Repeal and saving.—(1) The Kerala General Sales Tax (Amendment) Ordinance, 2021 (105 of 2021) is hereby repealed. (2) Notwithstanding such repeal, anything done or deemed to have been done or any action taken or deemed to have been taken under the principal Act as amended by the said Ordinance shall be deemed to have been done or taken under the principal Act as amended by this Act. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ PUBLISHED BY THE SUPERINTENDENT OF GOVERNMENT PRESSES AT THE GOVERNMENT CENTRAL PRESS, THIRUVANANTHAPURAM, 2021

65b99f62ab84c7eca86e97a7

acts

State of Haryana - Act ------------------------ Haryana Government Electrical Undertakings (Dues Recovery) Rules, 1972 ------------------------------------------------------------------------ HARYANA India Haryana Government Electrical Undertakings (Dues Recovery) Rules, 1972 ======================================================================== Rule HARYANA-GOVERNMENT-ELECTRICAL-UNDERTAKINGS-DUES-RECOVERY-RULES-1972 of 1972 ---------------------------------------------------------------------------------- * Published on 7 April 1972 * Commenced on 7 April 1972 Haryana Government Electrical Undertakings (Dues Recovery) Rules, 1972 Haryana Government Notification No. G.S.R. 73/H.A. 29/70/S.7/72, dated 7.4.1972. No. G.S.R. 73/H.A. 29/70/S.7/72. - In exercise of the powers conferred by section 7 of the Haryana Government Electrical Undertakings (Dues Recovery) Act, 1970, the Governor of Haryana hereby makes the following rules for carrying out the purposes of the aforesaid Act, namely :- ### 1. Short title and commencement. - (i) These rules may be called the Haryana Government Electrical Undertakings (Dues Recovery) Rules, 1972. (ii) They shall come into force at once. ### 2. Definitions. - In these rules, unless there is anything repugnant in the subject or context : (a) 'Act' means the Haryana Government Electrical Undertakings (Dues Recovery) Act, 1970; (b) 'Collector' means the Collector of the District or any other person so appointed, whether by virtue of office or otherwise, by the State Government by notification in the Official Gazette, to perform the functions of the Collector under the Act, in and for such areas, as may be specified in the notification; (c) 'Form' means a form appended to these rules; (d) 'Notice of Demand' means the notice of demand served under section 4 of the Act. ### 3. Form of the bill. Section 3(1) . - The Bill under sub-section (1) of section 3 of the Act shall be in Form A-1 or A-2, as the case may be. ### 4. Costs of notice of demand and recovery. Section 4. - The cost of a notice of demand shall be two rupees and the cost of recovery shall be ten rupees. ### 5. Scale of penalty. Section 3(2) . - If the dues are not paid by the last date specified in the bill the debtor shall be liable to pay in addition thereto a penalty at the scale of 2 per cent per month on the aggregate unpaid amount of that bill from the said date, upto the date of payment. ### 6. Form and service of notice of demand. Section 4. (1) Where the prescribed authority intends to serve or cause to be served a notice of demand, upon the person liable to pay the dues to a Government Electrical Undertakings, which shall be served in Form 'B'. (2) The notice of demand may be served - (a) by registered post in case of a local authority at its office address and in case of another person at the present address or at the last place of residence or business of such person; (b) [ by delivering it to the person liable to pay the dues or to an adult member of his family under his or her signatures : provided that if the notice of demand cannot be served in either of the aforesaid manners, it may be caused to be affixed in the presence of two persons of the locality on some conspicuous part of the residential house occupied by such person.] [Substituted by Haryana Government Notification No. GSR 59/HA 29/70/S.7/86 dated 7.8.1986.] ### 7. Form of the certificate. Section 6(2) . - The form of certificate to be issued by the Collector under sub-section (2) of section 6 shall be in the Form 'C'. Form R.O. 3 | | | | --- | --- | | Consumer's Bill for Domestic Supply (D.S.)and for Commercial Supply (C.S.) | In case of any complaint regarding interruption of supply, please ring up Telephone No. \_\_\_\_\_\_\_\_ | In all communications regarding this Bill please state your Account No. as given below : | | | | --- | --- | | Book No. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ | Serial No. \_\_\_\_\_\_\_\_\_ | For directions with regard to the payment of the Bill please see overleaf. Important Notice You are requested to make the payment of the Bill by due date as shown in this Bill failing which this should be deemed to be a notice under Section 24 of the Indian Electricity Act, 1910 and the supply to your premises shall without prejudice to the right of the Board to recover such charge as shown in the Bill as arrears of Land Revenue be disconnected after seven days of the due date mentioned herein without any further notice and shall not be reconnected unless and until the amount shown in this Bill together with any expenses incurred by the Board in cutting off, and reconnecting the supply in accordance with Board's Schedule of Charges is paid to the Board. The Notice will remain valid notwithstanding the inclusion of any part of the below mentioned charges to the subsequent bills. | | | | --- | --- | | Office of issue: | Date of issue of Bill | | Account No. | Meter No. | | Name and Address of Consumer : Date of reading | Meter reading | | | New : | | | Old : | | | | | | | | --- | --- | --- | --- | --- | | | Particulars | Col. A | Col. B | Col. C | | | | Supply and other charges | Electricity Duty | | | | | Rs. P. | Rs. P. | | | 1. | Balance from previous months, if any | | | | | 2. | Charges against consumption, as shown above after the following rebate | | | | | 3. | Rentals : | | | Total of the amount shown under Col 'A' and Col 'B'. | | | (a) For service line | | | | | (b) For Meters | | | | 4. | Sundry Charges : | | | | | | (a) Debit | | | Rs. P. | | | (b) Allowance | | | | | 5. | Total amount payable by due date\* | | | | | 6. | Addrebate in case of non-payment by the due date | | | | | 7. | Amount payable after due date | | | | \*Due date for payment \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (a) by cash \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (b) by cheque \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ S.D.O./Revenue Accountant. Directions Relating to the payment of the Bill (a) When making payment this form should be presented. (b) This bill shall be payable within fifteen days from the date of presentation notwithstanding any difference or dispute, which may arise as to the accuracy of the Bill. In the event of an error in the bill being admitted, the amount of the error shall be adjusted by the Department in the next month's bill rendered to the consumer after settlement of the difference or dispute. (c) This bill is payable at the local office of the Board to the Cashier at the counter. The Board shall not be responsible for any payment made to an employee other than the Cashier at the counter. Receipt in form R.O. 4 should invariably be taken from the Cashier/Bank. (d) This bill is payable in cash, but money orders and cheques which should be crossed, will be received subject to the condition below. This applies to all departments of State and the Central Government who also shall pay bills in cash (including cheques and R.T.Rs and not by book-transfer). (Note. - R.T.R. will be treated as Cheque). (e) If this bill is paid by money-order, the A/C No. and the date of the Bill should be entered on the coupon and the money-order should reach the office at which payment is due on or before the due date; otherwise the amount payable will be as shown in column 'C' of the Bill. (f) If this bill is paid by cheque the cheque, duly crossed should be in favour of Haryana State Electricity Board, and shall reach the office at which payment is due not later than one day before the due date of this bill; otherwise the amount payable will be as shown in column 'C' and of the Bill. (g) If this bill is paid by an outstation cheques, duly crossed, Bank charges at 25 per cent subject to a minimum of 25% per cheque, should be included in the amount of the cheque (including out-station R.T.Rs. in the case of Government Departments). The rate of Bank charges is subject to change without Notice. (h) Since the Board is liable to pay returning charges to its Bankers in respect of dishonoured cheques, the consumer, in case their cheques are received back unpaid, shall be required to pay returning charges, which will be intimated through subsequent Bill. (i) Should the due date, specified on the reverse of this bill, chance to be a holiday, the next working day will be treated as the due date. (j) In case of failure to pay the bill in time the recovery of the amount of this bill be made by the Haryana State Electricity Board as arrears of Land Revenue under the Haryana Government Electrical Undertaking (Dues Recovery) Act, 1970. Form R.O. 3(a) | | | | --- | --- | | Consumer's BillFor Industrial and Agricultural Supply : | In case of any complaint regarding interruption of supply, please ring up Telephone No. \_\_\_\_\_\_\_\_ | In all communications regarding this Bill, please state your Account No. as given below : | | | | --- | --- | | Book No. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ | Serial No. \_\_\_\_\_\_\_\_\_ | For directions with regard to the payment of the Bill please see overleaf. Important Notice You are requested to make the payment of the Bill by due date as shown in this Bill failing which this should be deemed to be a notice under Section 24 of the Indian Electricity Act, 1910 and the supply to your premises shall, without prejudice to the right of the Board to recover such charge as shown in the Bill as arrears of Land Revenue be disconnected after seven days of the due date mentioned herein without any further notice and shall not be reconnected unless and until the amount shown in this Bill together with any expenses incurred by the Board in cutting of, and reconnecting the supply in accordance with Board's Schedule of Charges is paid to the Board. The Notice will remain valid notwithstanding the inclusion of any part of the below mentioned charges to the subsequent bills. | | | | | --- | --- | --- | | Office of issue : | Date of reading | Date of issue of Bill : | | Account No. : | | Meter No. | | Name and Address of Consumer : | Date of reading | Meter reading : | | | | New : | | | | Old : | Units consumed and billed \_\_\_\_\_\_\_\_\_ (a) General consumption chargeable at Industrial rate. (b) Total units chargeable at Industrial rate. (c) Remaining units chargeable under Schedule Commercial Supply. | | | | | | | --- | --- | --- | --- | --- | | | Particulars | Col. A | Col. B | Col. C | | | | Supply and other charges | Electricity Duty | | | | | Rs. P. | Rs. P. | | | 1. | Balance from previous months, if any | | | | | 2. | Charges against consumption, as shown above after the following rebate | | | | | 3. | Rentals : | | | Total of the amount shown under Col 'A' and Col 'B'. | | | (a) For service line | | | | | (b) For Meters | | | | 4. | Sundry Charges : | | | | | | (a) Debit | | | Rs. P. | | | (b) Allowance | | | | | 5. | Total amount payable by due date\* | | | | | 6. | Addrebate in case of non-payment by the due date | | | | | 7. | Amount payable after due date | | | | \*Due date for payment - (a) by cash \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (b) by cheque \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ S.D.O./Revenue Accountant. Directions Relating to the payment of the Bill (a) When making payment this form should be presented. (b) This bill shall be payable within fifteen days from the date of presentation notwithstanding any difference or dispute, which may arise as to the accuracy of the Bill. In the event of an error in the bill being admitted, the amount of the error shall be adjusted by the Department in the next month bill rendered to the consumer after settlement of the difference or dispute. (c) This bill is payable at the local office of the Board to the Cashier at the counter. The Board shall not be responsible for any payment made to an employee other than the Cashier at the counter. Receipt in form R.O. 4 should invariably be taken from the Cashier/Bank. (d) This bill is payable in cash, but money orders and cheques, which should be crossed will be received subject to the condition below. This applies to all departments of State and the Central Government who also shall pay bills in cash (including cheques and R.T.Rs and not by book transfer). Note. - R.T.R. will be treated as Cheque. (e) If this bill is paid by money order, the A/C No. and the date of the Bill should be entered on the coupon and the money order should reach the office at which payment is due on or before the due date; otherwise the amount payable will be as shown in column 'C' of the Bill. (f) If this bill is paid by cheque, the cheque, duly crossed, should be in favour of Haryana State Electricity Board, and shall reach the office at which payment is due not later than one day before the due date of this bill; otherwise the amount payable will be as shown in column 'C' and of the Bill. (g) If this bill is paid by an out-station cheques, duly crossed, Bank charges at the rate of 25 per cent subject to a minimum of 25% P. per cheque, should be included in the amount of the cheque (including out-station R.T.Rs. in the case of Government Departments). The rate of Bank charges is subject to change without Notice. (h) Since the Board is liable to pay returning charges to its Bankers in respect of dishonoured cheques, the consumer, in case their cheques are received back unpaid, shall be required to pay returning charges, which will be intimated through subsequent Bill. (i) Should the due date, specified on the reverse of this bill, chance to be a holiday, the next working day will be treated as the due date. (j) In case of failure to pay the bill in time the recovery of the amount of this bill be made by the Haryana State Electricity Board as arrears of 'Land Revenue' under the Haryana Government Electrical Undertaking (Dues Recovery) Act, 1970. | | | | --- | --- | | Details of item 2 of the Bill | "Supply Charges" in case of M.S.L.S. and General Supply Consumers. | | | | Rs. Ps. | | 1. Demand charges | ... | | | 2. Energy Charges | ... | | | 3. Total Charges | ... | | | 4. Cost per unit | ... | | | 5. Maximum rate per unit | ... | | | 6. Rate applicable | ... | | | 7. Total units as per (c) overleaf | ... | | | 8. Total Supply charges | ... | | Item 3 (above) divided by item (e) under "Industrial Supply" overleaf. Form B (See rule 6) Notice of Demand From \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (Prescribed Authority) To \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (Name and address of the debtor). Subject :- Notice of Demand under Section 4 of the Haryana Government Electrical Undertakings (Dues Recovery) Act, 1970. Whereas you have failed to pay the amount given below on account of the various dues payable by you to the Haryana State Electricity Board (a Government Electrical Undertakings) within the date mentioned in the Bill(s) for payment of the dues. And whereas you have now become liable to pay in addition to the said amount of the various dues, the penalty of Rs. \_\_\_\_\_\_\_\_\_\_\_ for non-payment of the said dues by the date(s) specified in the bill(s) and Rs. \_\_\_\_\_\_\_\_\_\_ being the costs of recovery. Now, therefore, you are hereby notified under Section 4 of the Haryana Government Electrical Undertakings (Dues Recovery) Act, 1970 read with Section 6 thereof that an aggregate amount of Rs. \_\_\_\_\_\_\_on account of the various dues (particulars given below), penalty and costs of recovery as specified above is payable by you to the said undertakings (Board) and that if you do not deposit the said amount of Rs. \_\_\_\_\_\_\_\_ with the Undersigned Authority within 60 days of the date of the service of this Notice or such extended period as the Undersigned Authority may from time to time allow, you shall be deemed to be in default in respect of the said amount and the same shall be recoverable from you as arrears of land revenue under Section 6 of the said Act. Particulars of dues payable | | | | | | --- | --- | --- | --- | | Bill No. | For the month of | Date on which dues accrued | Amount of dues | | | | \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_Rs. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ | | Cost of this Notice Rs. 2.00Total Rs. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ | | | | | | | Place \_\_\_\_\_\_\_\_\_\_\_\_\_Date \_\_\_\_\_\_\_\_\_\_\_\_\_\_ | | (Prescribed Authority) | Form C (See Rule 7) Certificate From \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (Prescribed Authority) To The Collector, \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Dated the \_\_\_\_\_\_\_\_\_\_\_\_\_\_ The amount of Rs. \_\_\_\_\_\_\_\_\_ the details of which are given in the Schedule below is payable by Shri \_\_\_\_\_\_\_\_\_\_\_ son of \_\_\_\_\_\_\_ resident of \_\_\_\_\_\_\_\_\_\_\_\_. I enclose herewith a copy of notice of demand No. \_\_\_\_\_\_\_\_\_\_\_\_\_ dated \_\_\_\_\_\_\_\_\_\_\_ served on \_\_\_\_\_\_\_\_\_\_(Consumer) \_\_\_\_\_\_\_\_\_\_\_\_\_\_ under Section 4 of the Haryana Government Electrical Undertakings (Dues Recovery) Act, 1970, for recovery of dues payable to \_\_\_\_\_\_\_\_\_\_\_\_\_ (Government Electrical Undertakings). Since the dues have not been deposited in full in accordance with the said notice of demand and the said amount is recoverable as an arrears of land revenue under the provisions of the said Act. So, it is requested that the same may be recovered as an arrears of land revenue and remitted to my office at \_\_\_\_\_\_\_\_\_\_. An early action is requested and I may be informed of the action taken in the matter. The Schedule | | | | --- | --- | | 1. Rs. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ | On account of \_\_\_\_\_\_\_\_\_\_\_\_\_ | | 2. Rs. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ | On account of the penalty under Sub-Section (2) of Section 3 of the said Act. | | 3. Rs. 2/-\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ | On account of the costs of Notice of Demandunder Section 4 of the said Act. | | 4. Rs. 10/-\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ | On account of the cost of recovery under Section 4of the said Act. | | Total Rs.\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ | | | \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ | | | \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ | | \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (Prescribed Authority) (Sd.) Secretary to Government, Haryana.

65bad049ab84c7eca86ec8c6

acts

State of Jharkhand - Act -------------------------- The Bihar School Examination Board Rules, 1963 ------------------------------------------------ JHARKHAND India The Bihar School Examination Board Rules, 1963 ================================================ Rule THE-BIHAR-SCHOOL-EXAMINATION-BOARD-RULES-1963 of 1963 ------------------------------------------------------------ * Published on 1 April 1964 * Commenced on 1 April 1964 The Bihar School Examination Board Rules, 1963 Published vide Notification No. 11/R-407/63-E 1226, dated 1st April, 1964 No. 11/R-407/63-E, dated the 1st April, 1964. - In exercise of the powers conferred by sub-section (2) of Section 16 of the Bihar School Examination Board Act, 1952 (Bihar Act 7 of 1952 ) the Governor of Bihar is pleased to make the following Rules the same having been previously published as required by subsections (1) of the said Section, namely :- ### 1. Short title. - These Rules may be called the Bihar School Examination Board Rules, 1963. ### 2. Definitions. - In these rules, unless there is anything repugnant in the subject or context : (a) "The Act" means the Bihar School Examination Board Act, 1952 (Bihar Act VII of 1952); (b) "Section" means a section of the Act; (c) Words and expressions used in these Rules but not defined herein shall have the meanings assigned to them in the Act. ### 3. [ Representation of Universities on the Board. [Substituted by Notification No. 1/B 9-16/76 E-89, dated 5.5.1976.] - Under the proviso to clause (c) of sub-section (1) of Section 4 of the Act, following shall be the order of rotation of the Universities to be represented on the Board : (a) Patna University; (b) Magadh University; (c) Bihar University; (d) Lalit Narayan Mithila University; (e) Ranchi University; (f) Bhagalpur University; (g) Kameshwar Singh Sanskrit University.] ### 4. Qualification of the Secretary to the Board and the terms and conditions of his office. - The appointment of the Secretary to the Board, who shall be a whole time officer shall be made by the State Government from amongst their officers belonging to the cadre of Class I of the Bihar Education Service, possessing at least five years of teaching, inspecting or administrative experience. (2) The term of office of the Secretary shall be of three years, on the expiry of which he shall be eligible for re-appointment to that office for further periods not exceeding three years in aggregate: Provided that the officer, so appointed, shall cease to hold office on reaching the age of superannuation, unless he is granted re-employment by the State Government. (3) In addition to the pay and allowances, admissible to him as a member of Class I of the Bihar Education Service, the Secretary shall be paid a special pay of [Rs. 150/-] [Now see New Pay Scales.] per month and shall be provided by the Board with a suitable rent free house for his residence. He shall be paid travelling allowance, in accordance with the rules applicable to Government servants of his class. (4) During the period he works as the Secretary, he shall be treated to be on deputation on foreign service terms and the Board shall make necessary contributions towards his leave and pension. ### 5. Academic and vocational standards for examination. (1) The academic and vocational standards for the examinations, conducted by the Board, shall conform to the content and standards of attainment, specified in the curricula approved by the State Government and to the instruction regarding methods of teaching and evaluation issued by them from time to time. (2) With the prior approval of the State Government the Board shall frame regulations determining levels of pass marks and marks for divisions and for the moderation of results of examinations conducted by the Board. All variations in these regulations shall require approval of the State Government. ### 6. Instructions to be given by Committees of Courses to the Bihar Text Book Committee. (1) The Committee of Courses shall subject to the approval of the Director of Public Instruction, Bihar specify the content, presentations, illustrations etc. for the text book to be prepared by the Text Book Committee in the subject or group of subjects, as the case may be. (2) The Director of Public Instruction, Bihar, may require a Committee of Courses to examine and express its view on the manuscript of any text book before it is accepted for publication and may also require it to offer its comments on any proposal for revision of the existing text book on the subject or group of subjects. ### 7. Departmental Examinations to be conducted by the Board. (1) The Board shall on such terms and conditions as may be laid down by the State Government conduct the following Departmental Examinations namely:- (a) Certificate in Social Education, (b) Diploma in Physical Education, (c) Certificate in Physical Education, (d) Short Training Course in Physical Education, (e) Primary Training Course in Physical Education, and (f) Training School Examination: Provided that the State Government, may, by notification in the Official Gazette authorise the Board to conduct such other departmental examinations not specified or withdraw the authority given to the Board to conduct any of examinations mentioned, in this sub-rule. (2) The State Government may give instructions to the Board about the content as well as the academic and vocational standards of these examinations, and may modify these instructions, as and when necessary. ### 8. Officers of the Board. - The officers bearing the following designations employed under the Board, shall also be deemed to be officer of the Board within the meaning of clause (3) of Section 8, of the Act namely: (1) Deputy Secretary, (2) Budget and Accounts Officer, (3) Assistant Secretary, (4) Assistant Budget and Accounts Officer, (5) Audit Officer. ### 9. Power of the Board in matter of creation of posts, appointment to posts under it and disciplinary action against its employees. - [(1) the Board shall be competent to create such posts of officers and other employees as may be determined by it, provided that no post the maximum remunerations of which exceeds [Rs. 745/-] [Substituted by Notification No. 1/B 9-16/76 E-89, dated 5.5.1976.] per month, shall be created by the Board, without prior approval of the State Government.] (2) Subject to such regulations as are made by it, the Board shall make appointment to the posts of officers of the Board. (3) The Board shall exercise full administrative and disciplinary control on the officers and staff appointed by it. ### 10. Powers of the Chairman. - In addition to the powers and duties conferred upon him by sub-section (1) to (3) of Section 9, of the Act, the Chairman shall be the principal executive officer of the Board and shall, subject to such regulations as are made by the Board, exercise the following powers:- (1) He shall decide doubtful cases of admission of the candidates to examinations in conformity with the Regulations and shall report the action taken by him to the Board at its next meeting. (2) He shall sanction travelling allowance to himself, to the members of the Board and to the Secretary and other officers of the Board. (3) He shall sanction expenditure within the provision sanctioned by the Board, provided that expenditure on examination contingencies, exceeding rupees five thousand, and other contingencies, exceeding rupees one thousand on any one item shall require the sanction of the Board. (4) He shall sanction : (a) all contracts of confidential nature, and (b) in other case all contracts up to the value of Rs. 10,000 after the most advantageous rates have been accepted as a result of scrutiny of tenders and quotations obtained in such manner, as the State Govt, may prescribe. (5) He shall have powers to sanction leave to all officers and staff of the Board in accordance with the regulations to be made by the Board in that behalf. (6) He shall have powers to sanction posts, the pay of which does not exceed Rs. 75/- per month for a period not exceeding six months, and to make appointment thereto. (7) Subject to such regulations as are made by the Board, he shall make appointments to posts within the sanctioned grades and scales of pay and within the sanctioned strength of clerical staff and other servants of the Board, not being officer of the Board, and have control and full disciplinary powers over such staff and servants. (8) Subject to the control of the Board he shall exercise administrative control on other officer of the Board, in their day to day works. (9) With the approval of the Board he may delegate any of his powers to the Secretary of the Board with a view to expeditious disposal of business and efficient working, provided that the ultimate responsibility shall rest with him. ### 11. Powers of the Board to make regulations. - The Board shall in the manner provided in Section 17 of the Act, make regulations providing inter alia tor the following matters, namely :- (1) Pay scale and other conditions of service of the officer (other than the Chairman and the Secretary) and staff of the Board. (2) Eligibility of persons for appointment to different posts under the Board (except those of the Chairman and Secretary). (3) Procedure to be followed for taking disciplinary action against officers and staff of the Board (except the Chairman and the Secretary). (4) Grant of leave of different kinds to the employees of the Board. (5) Payment of overtime allowance payable to the employees of the Board. (6) Honorarium, conveyance allowance, travelling allowance and all other allowances to the employees of the Board. (7) Employees Provident Fund. (8) Medical facilities to the employees of the Board. (9) Expenditure to be incurred on service of refreshment in the meetings of the Board and those of the Committees constituted by it.

65bac9b7ab84c7eca86ec83f

acts

State of Jammu-Kashmir - Act ------------------------------ The Succession (Property Protection) Act, 1977 ------------------------------------------------ JAMMU & KASHMIR India The Succession (Property Protection) Act, 1977 ================================================ Act 36 of 1977 ---------------- * Published on 17 September 1920 * Commenced on 17 September 1920 The Succession (Property Protection) Act, 1977 (Act No. 36 of 1977 ) [Sanctioned by His Highness the Maharaja Sahib Bahadur per Chief Minister's endorsement No. 8372, dated 17th September, 1920, read with Stale Council Resolution No. 1, dated 8th April, 1925. (Notification No. 14-L/81).] An Act for the protection of movable and immovable property against wrongful possession in cases of successions. Whereas much inconvenience has been experienced where persons have died possessed of movable and immovable property and the same has been taken upon pretended claims of right by gift or succession the difficulty of ascertaining precise nature of the movable property in such cases the opportunities for misappropriating such property and also the profits of real property, the delays of a regular suit when vexatiously protected and the inability of heirs when out of possession to prosecute their rights affording strong temptations for the employment of force or fraud in order to obtain possession; And whereas from the above causes, the circumstances of actual possession, when taken upon a succession does not afford an indication of rightful title equal to that of a decision by a Judge after hearing all parties in a summary suit though such summary suit may not be sufficient to prevent a party removed from possession there by from instituting a regular suit; And whereas such summary suit, though it will take away may of the temptations which exist for assuming wrongful possession upon a succession will be too tardy a remedy for obviating them all especially as regards movable property; And whereas it may be expedient, prior to the determination of the summary suit, to appoint a curator to take charge of property upon a succession, where there is reason to apprehend danger of misappropriation, waste or neglect, and where such appointment will, in the opinion of the authority, making the same, be beneficial under all the circumstances of the case; And whereas it will be very inconvenient to interfere with succession to estates by the appointment of curators, or by the summary suits, unless satisfactory grounds for such proceedings shall appear, and unless such proceedings shall be required by or on behalf of parties giving satisfactory proof that they are likely to be materially prejudiced, if left to the ordinary remedy of a regular suit :- ### 1. Person claiming right by succession to property of deceased may apply for relief against wrongful possession. - It is hereby enacted that whenever a person dies leaving property, movable or immovable, it shall be lawful for any person claiming a right by succession thereto, or to any portion thereof to make application to the Judge of the Court of the District where any part of the properties found or situate for relief, either after actual possession has been taken by another person or when forcible means of seizing possession are apprehended, ### 2. Agent etc., may apply on behalf of minor etc. - It shall be lawful for any agent, relative or near friend, or for the Court of Wards in cases within their cognizance, in the event of any minor, disqualified or absent person being entitled by succession to such property as aforesaid, to make the like application for relief. ### 3. Enquiry made by Judge. - The Judge to whom such application shall be made shall, in the first place, enquire by the solemn declaration of the complainant, and by witnesses and documents at his discretion, whether there be strong reasons for believing that the party in possession or taking forcible means for seizing possession has no lawful title, and that the applicant, or the person on whose behalf he applies, is really entitled and is likely to be materially prejudiced if left to the ordinary remedy of a regular suit, and that the application is made bona fide. ### 4. Procedure. (Determination of right.) - In case the Judge shall be satisfied of the existence of such strong ground of belief, but not otherwise, he shall cite the party complained of and give notice of vacant or disturbed possession by publication, and after the expiration of a reasonable time shall determine summarily the right to possession (subject to regular suit as hereinafter mentioned) and shall deliver possession accordingly : Appointment of officer to secure effects. - provided always that the Judge shall have the power to appoint an officer who shall take an inventory of effects and seal or otherwise secure the same, upon being applied to for the purpose, without delay, whether he shall have concluded the enquiry necessary for citing the party complained of or not. ### 5. Appointment of curator pending determination of suit. - In case it shall further appear upon such application and examination as aforesaid that danger is to be apprehended of the misappropriation or waste of the property before the summary suit can be determined, and that the delay in obtaining security from the party in possession or the insufficiency thereof is likely to expose the party out of possession to considerable risk provided he be the lawful owner; it shall be lawful for the Judge to appoint one or more curators with the powers hereinafter next mentioned, whose authority shall continue according to the terms of his or their respective appointments, and in no case beyond the determination of the summary suit and the confirmation or delivery of possession in consequence thereof; provided always that, in the case of land, the Judge may delegate to the Collector, or to his officer the powers of a curator, and also that every appointment of a curator in respect of any property be duly published. ### 6. Powers conferable on curator. Discretion to allow party inpossession to continue - The Judge shall have power to authorise such curator either to take possession of the property generally, or until security be given by the party in possession, or until inventories of the property shall have been made, or for any other purpose necessary for securing the property from misappropriation or waste by the party, in possession; provided always that it shall be entirely discretionary with the Judge, whether he shall allow the party in possession to continue in such possession on giving security or not, and any continuance in possession shall be subject to such orders as the Judge may issue touching inventories, or the securing of deeds or other effects. ### 7. Curator to give security and may receive remuneration. Disposal of surplus. - The Judge shall exact from the curator security for the faithful discharge of his trust, and for rendering satisfactory accounts of the same as hereinafter mentioned, and may authorise him to receive out of the property such remuneration as shall appear reasonable, but in no case exceeding five percentum on the personal property and on the annual profits of the real property. Curator may be invested with powers before. All surplus money realized the curator shall be paid into Court, and invested in public securities for the benefit security is taken. of the persons entitled thereto upon adjudication of the summary suit : provided always that, although security shall be required from the curator with all reasonable despatch and, where it is practicable, shall be taken generally to answer all cases for which the person may be afterwards appointed curator, yet no delay in the taking of security shall prevent the Judge from immediately investing the curator with powers of his office. ### 8. Report from Collector where estate includes revenue paying land. - Where the estate of the deceased person shall consist wholly or in part of land paying revenue to Government, in all matters regarding the propriety of citing the party in possession, of appointing a curator, and of nominating individuals to that appointment, the Judge shall demand a report from the Collector, and the Collector is hereby required to furnish the same. In cases of urgency the Judge may proceed, in the first instance, without such report and he shall not be obliged to act in conformity thereto; but, in case of his acting otherwise than according to such report, he shall immediately forward a statement of his reasons to the High Court, and the High Court, if it shall be dissatisfied with such reasons, shall direct the Judge to proceed conformably to the report of the Collector. ### 9. Institution and defence of suit. - The curator shall be subject to all orders of the Judge regarding the institution or the defence of suits, and all the suits may be instituted or defended in the name of the curator on behalf of the estate : Authority for collection of dues. Provided that an express authority shall be requisite in the sanad of the curator's appointment for the collection of the debts or rents; but such express authority shall enable the curator to give a full acquittance for any sums of money received by virtue thereof. ### 10. Allowance to apparent owners pending custody by curator. - Pending the custody of the property by the curator, it shall be lawful for the Judge to make such allowances to parties having a prima facie right thereto as upon a summary investigation of the rights and circumstance of the parties interested he shall consider that necessity may require, taking, at his discretion, security for the repayment thereof with interest, in case the party shall, upon the adjudication of the summary suit, appear not be entitled thereto. ### 11. Accounts to be filed by curator. - The curator shall file monthly accounts in abstract, and at the period of every three months, if his administration last so long, and, upon giving up the possession of the property, file a detailed account of his administration to the satisfaction of the Judge. ### 12. Inspection of accounts and right of interested party to keep duplicate. - The accounts of any such curator as is above described shall be open to the inspection of all parties interested; Penalty for default as to accounts. and it shall be competent for any such interested party to appoint a separate person to keep a duplicate account of all receipts and payments by such curator; and if it be found that the accounts of any such curator are in arrear, or if they shall be erroneous or incomplete, or if the curator shall not produce them whenever he shall be ordered to do so by the judge, he shall be liable to a fine not exceeding one thousand rupees for every such default. ### 13. Bar to appointment of second curator for same property. - After the Judge of any district shall have appointed any curator, such appointment shall preclude the Judge of any other district from appointing any other curator : Curators of different parts of properly. Provided the first appointment be in respect of the whole of the property of the deceased. But if the appointment be only in respect of a portion of the property of the deceased, this shall not preclude the appointment of another curator in respect of the residue or any portion thereof : Power to appoint sole curator. Provided always that no Judge shall appoint a curator or entertain a summary suit in respect of property which is the subject of a summary suit previously instituted under this Act before another Judge : and provided further that, if two or more curators be appointed by different Judges for several parts of an estate, it shall be lawful for the High Court to make such orders as it shall think fit for the appointment of one curator of the whole property. ### 14. Limitation of time for application for curator. - This Act shall not be put in force unless the aforesaid application to the Judge be made within six months of the decease of the proprietor whose property is claimed by right in succession. ### 15. Bar to enforcement of Act against public settlement or legal directions by deceased. - This Act shall not be put in force to contravene any public act of settlement; neither in cases in which the deceased proprietor shall have given legal directions for the possession of his property after his decease in the event of minority or otherwise, in opposition to such directions; but in every such case, so soon as the Judge having jurisdiction over the property or a deceased person shall be satisfied of the existence of such directions, he-shall give effect thereof. ### 16. Court of Wards to be make curator in case of minors having property subject to its jurisdiction. - This Act shall not be put in force for the purpose of disturbing the possession of the Court of Wards and in case a minor, or other disqualified person whose property shall be subject to the Court of Wards, shall be the party on whose behalf application is made under this Act, the Judge, if he determines to cite the party in possession and also appoint a curator, the suit without taking such security as aforesaid; and in case the minor or other disqualified person shall, upon the adjudication of the summary suit, appear to be entitled to the property, possession shall be delivered to the Court of Wards. ### 17. Saving of right to bring regular suit. - Nothing in this Act contained shall be an impediment to the bringing of a regular suit either by the party whose application may have been rejected before or after citing the party in possession, or by the party who may have been evicted from the possession under this Act. ### 18. Effect of decision of summary suit. - The decision of the Judge upon the summary suit under this Act shall have no other effect than that of settling the actual possession; but for this purpose it shall be final, not subject to any appeal or order for review. ### 19. Omitted ### 20. Omitted

65b91bdeab84c7eca86e8521

acts

State of Uttar Pradesh - Act ------------------------------ The U.P. Excise (Appeal and Revision) Rules, 1968 --------------------------------------------------- UTTAR PRADESH India The U.P. Excise (Appeal and Revision) Rules, 1968 =================================================== Rule THE-U-P-EXCISE-APPEAL-AND-REVISION-RULES-1968 of 1968 ------------------------------------------------------------ * Published on 25 March 1968 * Commenced on 25 March 1968 The U.P. Excise (Appeal and Revision) Rules, 1968 Published vide Notification No. 6335 (8) -E/13-521-67, dated March 25, 1968, published in U.P. Gazette (Extraordinary), dated 25th March, 1968 In exercise of the powers under Section 40(2) (e) and Section 40(1) read with Section 11(2) of the U.P. Excise Act, 1910 (Act IV of 1910), read with Section 21 of the U.P. General Clauses Act, 1904 (Act 1 of 1904) and in supersession of the rules published with Government Notification No. 170/XIII-66, dated April 9, 1931, as amended from time to time, the Governor is pleased to make the following rules regulating appeals to the Excise Commissioner and revisions to Government and having considered that they should be brought into force at once, is further pleased to direct that they shall come into force with immediate effect : ### 1. These Rules shall be called the Uttar Pradesh Excise (Appeal and Revision) Rules, 1968. A-Appeals ### 2. An appeal shall lie to the Excise Commissioner from an order of a Collector. Note. - An order of the District Excise Officer shall be deemed to be an order of the Collector for the purposes of these rules. The Collector shall, however, retain the right to confirm or modify any order of the District Excise Officer provided that this right shall not be exercised by the Collector in respect of any order of the District Excise Officer against which An appeal has already been preferred to the Excise Commissioner. ### 3. A petition of appeal shall be presented within thirty days of the order either direct to the Excise Commissioner or to the authority against whose order the petition is made, for transmission to the Excise Commissioner. ### 4. A petition of appeal shall be- (a) properly stamped, and (b) accompanied by the order in original against which the petition is made or by a certified copy of such order unless the omission to produce (such order or copy thereof) is explained to the satisfaction of the Excise Commissioner. ### 5. Any person aggrieved by an order of the Collector intending to file an appeal against such order shall be entitled, on application, to receive under the ordinary rules governing the issue of copies of certified copy of the order appealed against. B-Revisions ### 6. Any person aggrieved by an order of the Excise Commissioner or the Collector, may make an application to the State Government for revision of such order. The application for revision shall be made to the State Government within six months of the order of the Collector or Excise Commissioner as the case may be, provided that no application for revision against the order of the Collector, will be entertained unless an appeal, where one day, had been filed and disposed of by the Excise Commissioner. ### 7. The provision of Rules 4 and 5 shall apply to petitions of revision : Provided that no court-fee shall be livable on revision petitions to the State Government but any enclosure to these petitions which are liable to court-fee or stamp duty under the law must be stamped in accordance with Paragraph 376 of the Manual of the Government Orders, Volume I.

65b95e5fab84c7eca86e8f3b

acts

State of Bihar - Act ---------------------- The Itki Tuberculosis Sanatorium (Regulation of Buildings) Rules, 1953 ------------------------------------------------------------------------ BIHAR India The Itki Tuberculosis Sanatorium (Regulation of Buildings) Rules, 1953 ======================================================================== Rule THE-ITKI-TUBERCULOSIS-SANATORIUM-REGULATION-OF-BUILDINGS-RULES-1953 of 1953 ---------------------------------------------------------------------------------- * Published on 14 February 1953 * Commenced on 14 February 1953 The Itki Tuberculosis Sanatorium (Regulation of Buildings) Rules, 1953 Published vide Notification No. 2552.-Medl., dated the 14th February, 1953, published in Bihar Gazette, Part 2, page 855 Notification No. 2552. - Medl., dated the 14th February, 1953. - In exercise of the powers conferred by Section 15 of the Itki Tuberculosis Sanatorium (Regulation of Buildings) Act, 1951 (Bihar Act XXIII of 1951), the Governor of Bihar is pleased to make the following Rules to carry out the purposes of the said Act, namely :- ### 1. (i) These Rules may be called "the Itki Tuberculosis Sanatorium (Regulation of Buildings) Rules, 1953". (ii) They shall come into force at once. ### 2. In these Rule - (a) "the Act" means the Itki Tuberculosis Sanatorium (Regulation of Buildings) Act, 1951; (b) "Section" means a Section of the Act; (c) "member" means a member of the Sanatorium Local Authority; and (d) all words and expressions used in these Rules and not defined but defined in the Act shall have the same meanings as in the Act. ### 3. A meeting of the Sanatorium Local Authority shall be held ordinarily once in every month. ### 4. Meetings shall be held at such places and on such dates as the Chairman may from time to time determine. ### 5. A member who desires to move a motion shall give notice in writing to the Chairman not later than the eighth day before the date fixed for the meeting at which he desires to move and shall together with the notice send a copy of the motion to the Secretary to the Sanatorium Local Authority. ### 6. The Chairman shall decide if the motion is legal and otherwise in order, and if so, direct - (i) every such motion received in time for the next meeting to be included in the list of business for the next meeting; (ii) every such motion received out of time to be included in the list of business for the next succeeding meeting. ### 7. If the Chairman decides that a motion is illegal or otherwise not in order, he shall cause the member who has sent the notice of such motion to be informed accordingly and may suggest to him such alterations in the draft of the motion as shall, in his opinion, render it to be in order. ### 8. The Chairman shall send to every member at least seven days' notice of all meetings except an adjourned meeting. The notices shall set forth clearly and fully the business to be transacted at the meetings: Provided that in case of any sudden emergency, the Chairman shall be competent to call a meeting at a shorter notice. ### 9. No business other than that included in the notice for any meeting issued under Rule 8 shall be transacted at such meeting except with the consent of all the members present at such meeting. ### 10. Business of meetings shall be conducted in the following order :- (a) Questions shall be asked and replies given thereto. (b) The minutes of the last meeting, and of any special meeting, held since, shall be read, and if approved as correctly entered, shall be signed by the President of such meeting. (c) Business postponed from the last meeting shall be considered. (d) A progress report of works shall be laid before the members. (e) Motions included in the list of business for the meeting shall be discussed. ### 11. In the event of an objection being raised to the form in which any resolution has been recorded, the Chairman shall decide the question after reference to the original draft of the resolution, and if he is satisfied that the minute recorded is inaccurate, he shall make the necessary correction in the minute book. ### 12. Votes at meetings shall be given by a show of hands. ### 13. It shall be competent to any member to move the adjournment of a meeting. ### 14. No business shall be transacted at an adjourned meeting except the business left over at the meeting when it was adjourned. ### 15. An adjourned meeting, being a continuation of the original meeting, shall not require any fresh notice. ### 16. The quorum for a meeting, except an adjourned meeting, shall be one-half of the total number of members of the Sanatorium Local Authority. If there is not quorum at any such meeting, the meeting shall be adjourned to some further date to be appointed by the Chairman and the business that remains undisposed to shall be postponed to the adjourned meeting. ### 17. A copy of the minutes of the proceedings of a meeting may be supplied to any member who may apply for it. ### 18. The amount of cost incurred by the Sanatorium Local Authority in carrying into effect at its cost any direction given under sub-section (1) of Section 9 shall be recovered by the Sanatorium Local Authority by the sale of materials on the land or building specified in the notice. The surplus sale proceeds, if any, shall be paid on demand to any person who establishes his right to the satisfaction of the Sanatorium Local Authority or a court of competent jurisdiction. ### 19. In case of failure to realise the whole or any part of any amount of cost incurred by the Sanatorium Local Authority under sub-section (2) of Section 9, the Sanatorium Local Authority may sue the person liable to pay the same in a court of competent jurisdiction. ### 20. (i) An appeal filed under Section 10 shall be in form generally followed in preparing a memorandum of appeal filed in the Civil Court and the grounds on which the appeal is based shall be set out clearly and precisely. (ii) An appeal under Section 10 shall be filed within 30 days from the date on which the order against which it is filed has been made.

65ba6ae1ab84c7eca86eb377

acts

Union of India - Act ---------------------- The Joint Electricity Regulatory Commission for Manipur and Mizoram (Preparation of Annual Report) Rules, 2010 ---------------------------------------------------------------------------------------------------------------- UNION OF INDIA India The Joint Electricity Regulatory Commission for Manipur and Mizoram (Preparation of Annual Report) Rules, 2010 ================================================================================================================ Rule THE-JOINT-ELECTRICITY-REGULATORY-COMMISSION-FOR-MANIPUR-AND-MIZORAM-PREPARATION-OF-ANNUAL-REPORT-RULES-2010 of 2010 -------------------------------------------------------------------------------------------------------------------------- * Published on 21 June 2010 * Commenced on 21 June 2010 The Joint Electricity Regulatory Commission for Manipur and Mizoram (Preparation of Annual Report) Rules, 2010 Published vide Notification New Delhi, the 21st June, 2010 Ministry of Power G.S.R. 526(E) . - Whereas the States of Manipur and Mizoram have authorized the Central Government, through a memorandum of Agreement, to constitute a Joint Electricity Regulatory Commission for States of Manipur and Mizoram and to frame rules to carry out the provisions of the Electricity Act, 2003 relating to the Joint Commission; And whereas the Central Government vide Notification No. S.O. 62(E) , dated 18th January, 2005 has constituted the Joint Electricity Regulatory Commission for Manipur and Mizoram; Now, therefore, in exerCise of powers conferred by Section 105 and clause (i) of sub-section (2) of Section 180 of the Electricity Act, 2003 ( No. 36 of 2003 ), the Central Government hereby makes the following rules, namely :- ### 1. Short title and commencement. (1) These rules may be called the Joint Electricity Regulatory Commission for Manipur and Mizoram (Preparation of Annual Report) Rules, 2010. (2) They shall come into force on the date of their publication in the Official Gazette. ### 2. Definitions. (1) In these rules, unless the context otherwise requires,- (a) 'Act' means the Electricity Act, 2003; (b) 'Joint Commission' means the Joint Electricity Regulatory Commission for Manipur and Mizoram, constituted under Section 83 of the Act; (c) 'Participating State' means the State of Manipur or the State of Mizoram; (d) 'Schedule' means the Schedule annexed to these rules. (2) Words and expressions used and not defined in these rules but defined in the Electricity Act, 2003, shall have the meanings respectively assigned to them in that Act. ### 3. Preparation of Annual Report. (1) Every year the Joint Commission shall prepare an Annual Report containing a summary of its activities during the previous year commencing from the 1st day of April to the 31st day of March of the following year in the form specified in the Schedule. (2) The Annual Report shall give an account of the activities during the previous financial year; containing, inter-alia, - (a) a statement of goals and objectives of the Joint Commission; (b) annual targets set for various activities in the background of clause (a) together with a brief review of actual performance with reference to those targets and including in particular a report on the number of cases filed before the Joint Commission during the year, number of cases disposed of, time taken to dispose of the cases and number of cases pending; (c) important additions/changes in the regulations of the Joint Commission; (d) functioning of the State Advisory Committee and other consultation with the stakeholders; (e) trends of important parameters such as capital cost, cost of electricity, new investment, efficiency gains; (f) number and details of cases in which orders regulations of the Commission were challenged in Courts/Appellate Tribunal and the outcome of such cases; and (g) resolution of disputes including the disputes, pending at the end of the year. ### 4. Submission of Annual Report. - The copies of the annual report shall be forwarded by the Joint Commission to the Central Government and the Participating State Governments by the end of October each year. Schedule ---------- (See rule 3) Form of Annual Report of The Joint Commission ### 1. The Commission in brief. ### 2. The mandate of the Commission. ### 3. Mission statement. ### 4. The year in retrospect. ### 5. Annual accounts of the Commission showing receipts and expenditure. ### 6. Outcome of Regulatory Process in terms of benefits to consumers and development of sector. ### 7. Work plan for the year ahead.

65b9b62bab84c7eca86e9b0f

acts

State of Rajasthan - Act -------------------------- Rajasthan Lokayukta Sachivalaya Ministerial Service (Conditions of Service) Rules, 2013 ----------------------------------------------------------------------------------------- RAJASTHAN India Rajasthan Lokayukta Sachivalaya Ministerial Service (Conditions of Service) Rules, 2013 ========================================================================================= Rule RAJASTHAN-LOKAYUKTA-SACHIVALAYA-MINISTERIAL-SERVICE-CONDITIONS-OF-SERVICE-RULES-2013 of 2013 --------------------------------------------------------------------------------------------------- * Published on 30 July 2013 * Commenced on 30 July 2013 Rajasthan Lokayukta Sachivalaya Ministerial Service (Conditions of Service) Rules, 2013 Published vide Notification No. G.S.R. 38, dated 30.7.2013 G.S.R. 38. - In exercise of the powers conferred by sub-section (2) of Section 14 read with Section 21 of the Rajasthan Lokayukta and Up-Lokayukta Act, 1973 (Act No. 9 of 1973), the Governor of Rajasthan, in consultation with the Lokayukta, hereby makes the following rules regulating the conditions of service of employees belonging to Ministerial Service of the Lokayukta Sachivalaya, namely: - Part-I General ### 1. Short title and commencement. (1) These rules may be called the Rajasthan Lokayukta Sachivalaya Ministerial Service (Conditions of Service) Rules, 2013. (2) They shall come into force from the date of publication in the Official Gazette. ### 2. Definitions. - In these rules, unless the context otherwise requires, - (a) "Act" means the Rajasthan Lokayukta and Up-Lokayukta Act, 1973 (Act No. 9 of 1973); (b) "Appointing Authority" means the Lokayukta or an Up-Lokayukta or any officer subordinate to the Lokayukta or an Up-Lokayukta authorised by the Lokayukta under sub-section (1) of Section 14 of the Act to make appointment. (c) "Government" means the Government of Rajasthan; (d) "High Court" means the High of Judicature for Rajasthan; (e) "Lokayukta" means a person appointed as Lokayukta under Section 3 or an Up-Lokayukta performing duties of a Lokayukta under clause (a) of sub-section (2) of Section 5 or a person nominated to perform the duties of Lokayukta under clause (c) of sub-section (2) of Section 5 of the Act. (f) "member of the service" means a person appointed in a substantive capacity to a post in the service under the provisions of these rules or under any rules or orders superseded by these rules; (g) "Rajasthan Lokayukta Sachivalya Class IV Service" means the service constituted under the Rajasthan Lokayukta Sachivalaya Ministerial Class IV Service (Recruitment and other Service Conditions) Rules, 2013; (h) "Service" means the Rajasthan Lokayukta Sachivalaya Officers Service; (i) "service" or "experience" whenever prescribed in these rules as a condition for promotion from one service to another or within the service from one category to another or to senior posts, in the case of a person holding a lower post eligible for promotion to higher post shall include the period for which the person has continuously worked on such lower post after regular selection in accordance with the rules applicable to such lower post; Note. - Absence during service e.g. training, leave, deputation etc. which are treated as "duty" under the Rajasthan Service Rules, 1951 shall also be counted as service for computing experience or service required for promotion. (j) "substantive appointment" means an appointment made under the provisions of these rules to a substantive vacancy after due selection by any of the methods of recruitment prescribed under these rules and includes an appointment on probation or as a probationer followed by confirmation on completion of the probationary period; Note. - Due selection by any of the methods of recruitment prescribed under these rules will include recruitment either on initial constitution of service or in accordance with the provisions of any rules made under any law for the tune being in force except an urgent temporary appointment; and (k) "State" means the State of Rajasthan. ### 3. Interpretation. - Unless the context otherwise requires, the Rajasthan General Clauses Act, 1955 (Act No. 8 of 1955 ) shall apply for the interpretation of these rules as it applies for interpretation of a Rajasthan Act. Part-II Cadre ### 4. Composition and strength of the service. (1) The service shall consist of two groups and nature of posts included in each group of the service shall be as specified below: Group-A : (1) Assistant section Officer, (2) Upper Division Clerk, (3) Lower Division Clerk, Group-B : (1) Additional Private Secretary, (2) Personal Assistant, (3) Stenographer Group-C : Assistant Librarian (2) The Strength of post in each grade shall be such as may be determined by the Government, in consultation with the Lokayukta, from time to time: Provided that the Lokayukta may, by order, direct that - (i) any post be kept unfilled or be held in abeyance, from time to time, without thereby entitling any person to any compensation; (ii) any post in the service be filled by appointing a member of any other service under the Government or the High Court, holding a corresponding post in those services, after consultation with the Government or the Chief Justice of the High Court, as the case may be, or by direct recruitment or promotion, as the case may be, in accordance with these rules. (iii) a post in the service be filled by a retired person of the appropriate grade. ### 5. Constitution of Service. - The service shall consist of - (a) all persons holding substantively the posts specified above on the date of commencement of these rules; Explanation. - A person holding that post of Assistant on the date of commencement of these rules shall be deemed to hold the post of Assistant Section Officer and the person holding the post of Senior Personal Assistant on the date of commencement of these rules shall be deemed to hold the post of Additional Private Secretary. (b) all persons recruited to the service before the commencement of these rules; and (c) all person recruited to the service in accordance with the provisions of these rules. Part-III Recruitment ### 6. Methods of recruitment. - Appointment to a post in the service may be made in following manner: - (a) by direct recruitment; (b) by appointing a member of any service under the Government or the High Court on transfer basis; or (c) by appointing a retiree person; or (d) by promotion in accordance with these rules. Part-IV Direct Recruitment ### 7. Appointment by direct recruitment. (1) Subject to other provisions of these rules, the following posts shall be filled by direct recruitment, namely: - (a) Lower Division Clerk; (b) Stenographer; and (c) Assistant Librarian: Provided that out of the total posts of Lower Division Clerk, 10% posts shall be filled by promotion from Class IV employee of the Loyayukta Sachivalaya. (2) Eligibility, procedure and other conditions of direct recruitment on the posts of Lower Division Clerk and Stenographer shall be same as provided in the Rajasthan Secretariat Ministerial Service Rules, 1970 and eligibility, procedure and other conditions of direct recruitment on the post of Assistant Librarian shall be same as provided in the Rajasthan Secretariat Librarian (State and Subordinate) Service Rules, 1997. Part-V Appointment by Transfer or of Retired Person ### 8. Appointment by transfer. (1) When a post in the service is directed to be filled by appointing a member of any other service, the Appointing Authority shall, in consultation with the appointing authority concerned, make appointment thereto from amongst the employees eligible for the post. (2) An appointment under this rule shall be for a period of one year which may extended from time to time in consultation with the appointing authority concerned. Provided that if the Appointing Authority considers it necessary to do so, he may relive an employee appointed under this rule of his duties at any time without assigning any reasons and the employee shall stand repatriated to his parent cadre with effect from the date on which he is relieved. (3) An employee appointed under this rule shall be entitled to the same pay and dearness allowance as are admissible to him in his parent cadre. (4) An employee appointed under this rule shall also be entitled to such special pay and other allowances and facilities as are admissible to an employee of the Government of equivalent cadre. (5) All other conditions of service of an employee appointed under this rule shall be such as are applicable to him in his parent cadre except that his disciplinary authority during his tenure under these rules shall be Deputy Secretary to the Lokayukta or such other officer subordinate to the Lokayukta as may be specified by him. ### 9. Appointment of retired person. (1) When a post in the service is directed to be filled by a retired person, the Appointing Authority shall select eligible retired person having regard to his service record and such other factors as may be directed by the Lokayukta and make appointment to the post. (2) An appointment under this rule shall be for a period of one year which may be extended from time to time with the approval of the Lokayukta: Provided that no person appointed under this rule shall hold office after the age of 70 years: Provided further that if the Appointing Authority considers it necessary to do so, he may with the prior approval of the Lokayukta terminate the services of an person appointed under this rule at any time without assigning any reasons and such person shall not be entitled to any compensation for termination of his service. (3) An employee appointed under this rule shall be paid last drawn pay minus pension and other allowances and facilities as are admissible to an employee of the Government of equivalent cadre. Explanation. - Where the pay scales have been revised after the retirement of an officer, his last drawn pay shall be the pay which he would have drawn if the prevailing pay scales would have come into force immediately before his retirement. Part-VI Promotion ### 10. Eligibility for promotion. (1) Eligibility for promotion on different posts in the service shall be as follows: - (a) for the post of Assistant Section Officer, such of the Upper Division Clerks in the service shall be eligible who have completed five years service on the post and are otherwise fit for promotion. (b) for the post of Upper Division Clerk, such of the Lower Division Clerk in the service shall be eligible who have completed five years service on the post and are otherwise fit for promotion. (c) for the post of Lower Division Clerk, such of the Class IV employees in the Rajasthan Lokayukta Sachivalya Class IV Service shall be eligible who - (a) have passed Senior Secondary Examination from a Board recognized by the Government or its equivalent examination; and (b) hold - (i) "O" or Higher Level Certificate of National Institute of Electronics and Information Technology (Formerly known as DOEACE); or (ii) Computer Operator and Programming Assistant (COPA)/Data Preparation and Computer Software (DPCS) Certificate awarded under National/State Council of Vocational Training Scheme; or (iii) Diploma in Computer Science/Computer Application from a institution recognized by the Government; or (iv) Diploma in Computer Science and Engineering from a polytechnic institution recognized by the Government; or (v) Certificate in Information Technology (RSCIT) awarded by Vardhman Mahaveer Open University; Kota under control of Rajasthan Knowledge Corporation Limited; and (c) have five years experience on the post of Class IV employees in the Rajasthan Lokayukta Sachivalya Class IV Service; and (d) are otherwise fit for promotion. (d) for the post of Additional Private Secretary, such of the Personal Assistants in the service shall be eligible who have completed five years service on the post and are otherwise fit for promotion. (e) for the post of Personal Assistant, such of the Stenographers in the service shall be eligible who have completed five years service on the post and are otherwise fit for promotion. (2) A person appointed by transfer from other service or a retired person appointed in the service shall not be eligible for promotion on any post in the service. (3) The selection committee for the purpose of the selection by promotion under these rules shall consist of the following: (a) Principal Secretary to the Lokayukta - Chairperson (b) Secretary to the Lokayukta - Member (c) Deputy Secretary to the Lokayukta - Member Secretary. Part-VII Miscellaneous ### 11. Application of Rajasthan Secretariat Ministerial Service Rules and other rules, etc. - Save as otherwise provided in these rules, the Rajasthan Secretariat Ministerial Service Rules, 1970, and the Rajasthan Secretariat Librarian .(State and Subordinate) Service Rules, 1997, as amended from time to time, and all other rules, orders, circulars etc., issued by the Government from time to time to regulate the services of the corresponding employees of the Rajasthan Secretariat Ministerial Service and the Rajasthan Secretariat Librarian Subordinate Service shall, mutatis mutandis, apply to the member of service. ### 12. Code of conduct. - A member of the service shall, in addition to the rules of conduct applicable to him, be bound to follow the code of conduct or other directions, if any, issued by the Lokayukta from time to time and any non compliance of such code of conduct and other directions shall make him liable to disciplinary action. ### 13. Repeal and saving. - All rules and orders in relation to the matters covered by these rules and in force immediately before commencement of these rules are hereby repealed Provided that any action taken under the rules or orders so repealed shall be deemed to have been taken under the provisions of these rules.

65b9c071ab84c7eca86e9dd6

acts

State of Rajasthan - Act -------------------------- Career Point University, Kota Act, 2012 ----------------------------------------- RAJASTHAN India Career Point University, Kota Act, 2012 ========================================= Act 13 of 2012 ---------------- * Published on 7 September 2006 * Commenced on 7 September 2006 Career Point University, Kota Act, 2012 (Act No. 13 of 2012 ) Last Updated 5th December, 2019 (Received the assent of the Governor on the 30th day of April, 2012) An Act to provide for establishment and incorporation of the Career Point University, Kota in the State of Rajasthan and matters connected therewith and incidental thereto. Whereas, with a view to keep pace with the rapid development in all spheres of knowledge in the world and the country, it is essential to create world level modern research and study facilities in the State to provide state of the art educational facilities to the youth at their door steps so that they can make out of them human resources compatible to liberalized economic and social order of the world; And whereas, rapid advancement in knowledge and changing requirements of human resources makes it essential that a resourceful and quick and responsive system of educational research and development be created which can work with entrepreneurial zeal under an essential regulatory set up and such a system can be created by allowing the private institutions engaged in higher education having sufficient resources and experience to establish universities and by incorporating such universities with such regulatory provisions as ensure efficient working of such institutions; And whereas, the Gopi Bai Foundation Trust, Kota is a Public Trust registered under the Rajasthan Public Trusts Act, 1959 (Act No. 42 of 1959 ) at Registration No. 218 dated 7-9-2006 in the office of Assistant Commissioner, Devsthan Department, Kota Division, Kota; And whereas, the said Gopi Bai Foundation Trust, Kota has set up educational infrastructures, both physical and academic, as specified in Schedule I, at Village Alaniya, Tehsil Ladpura, District Kota in the State of Rajasthan and has agreed to invest the said infrastructure in a University for research and studies in the disciplines specified in Schedule II and has also deposited an amount of rupees two crores to be utilized in establishment of an endowment fund in accordance with the provisions of this Act; And whereas, the sufficiency of the above infrastructure has been got enquired into by a committee, appointed in this behalf by the State Government consisting of the Vice-chancellor, Vardhman Mahaveer Open University, Kota, Director, Engineering College, Rajasthan Technical University, Kota, Dean, Faculty of Management and Hotel Management Catering Technology, Rajasthan Technical University, Kota and Principal, Medical College, Kota; And whereas, if the aforesaid infrastructure is utilized in incorporation as a University and the said Gopi Bai Foundation Trust, Kota is allowed to run the University, it would contribute in the academic development of the people of the State; Now, therefore, be it enacted by the Rajasthan State Legislature in the Sixty-third Year of the Republic of India, as follows:- ### 1. Short title, extent and commencement. (1) This Act may be called the Career Point University, Kota Act, 2012. (2) It extends to the whole of the State of Rajasthan. (3) It shall come into force at once. ### 2. Definitions. - In this Act, unless the context otherwise requires,- (a) "AICTE" means All India Council of Technical Education established under All India Council of Technical Education Act, 1987 (Central Act No. 52 of 1987); (b) "CSIR" means the Council of Scientific and Industrial Research, New Delhi- a funding agency of the Central Government; (c) "DEC" means the Distance Education Council established under section 28 of Indira Gandhi National Open University Act, 1985 (Central Act No. 50 of 1985); (d) "Distance education" means education imparted by combination of any two or more means of communication, viz. broadcasting, telecasting, correspondence courses, seminars, contact programmes and any other such methodology; (e) "DST" means the Department of Science and Technology of the Central Government; (f) "employee" means a person appointed by the University to work in the University and includes teachers, officers and other employees of the University; (g) "fee" means collection made by the University from the students by whatever name it may be called, which is not refundable; (h) "Government" means the State Government of Rajasthan; (i) "higher education" means study of a curriculum or course for the pursuit of knowledge beyond 10+2 level; (j) "hostel" means a place of residence for the students of the University, or its colleges, institutions or centers, maintained or recognized to be as such by the University; (k) "ICAR" means the Indian Council of Agriculture Research, a society registered under the Societies Registration Act, 1860 (Central Act No. 21 of 1860); (l) "MCI" means Medical Council of India constituted under section 3 of the Indian Medical Council Act, 1956 (Central Act No. 102 of 1956); (m) "NAAC" means the National Assessment and Accreditation Council, Bangalore, an autonomous institution of the UGC; (n) "NCTE" means the National Council of Teacher Education constituted under section 3 of the National Council of Teacher Education Act, 1993 (Central Act No. 73 of 1993); (o) "off campus centre" means a centre of the University established by it outside the main campus operated and maintained as its constituent unit, having the University's complement of facilities, faculty and staff; (p) "PCI" means Pharmacy Council of India constituted under section 3 of the Pharmacy Act, 1948 (Central Act No. 8 of 1948); (q) "prescribed" means prescribed by Statutes made under this Act; (r) "regulating body" means a body established or constituted by or under any law for the time being in force laying down norms and conditions for ensuring academic standards of higher education, such as UGC, AICTE, NCTE, MCI, PCI, NAAC, ICAR, DEC, CSIR etc. and includes the State Government; (s) "rules" means the rules made under this Act; (t) "Schedule" means the Schedule to this Act; (u) "Sponsoring Body" means the Gopi Bai Foundation Trust, Kota, a Public Trust registered under the Rajasthan Public Trusts Act, 1959 (Act No. 42 of 1959 ) at Registration No. 218 dated 7.9.2006 in the office of Assistant Commissioner, Devsthan Department, Kota Division, Kota; (v) "Statutes", "Ordinances" and "Regulations" mean respectively, the Statutes, Ordinances and Regulations of the University made under this Act; (w) "student of the University" means a person enrolled in the University for taking a course of study for a degree, diploma or other academic distinction duly instituted by the University, including a research degree; (x) "study centre" means a centre established and maintained or recognized by the University for the purpose of advising, counselling or for rendering any other assistance required by the students in the context of distance education; (y) "teacher" means a Professor, Associate Professor, Assistant Professor or any other person required to impart education or to guide research or to render guidance in any other form to the students for pursuing a course of study of the University; (z) "UGC" means the University Grants Commission, established under section 4 of the University Grants Commission Act, 1956 (Central Act No. 3 of 1956); and (za) "University" means the Career Point University, Kota. ### 3. Incorporation. (1) The first Chairperson and the first President of the University and the first members of the Board of Management 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, are hereby constituted a body corporate by the name of the Career Point University, Kota. (2) The movable and immovable property specified in the Schedule I shall be vested in the University and the Sponsoring Body shall, immediately after the commencement of this Act, take steps for such vesting. (3) The University shall have perpetual succession and a common seal and shall sue and be sued by the said name. (4) The University shall situate and have its headquarters at Village Alaniya, Tehsil Ladpura, District Kota (Rajasthan). ### 4. The objects of the University. - The objects of the University shall be to undertake research and studies in the disciplines specified in Schedule II and such other disciplines as the University may with the prior approval of the State Government, determine from time to time and to achieve excellence and impart and disseminate knowledge in the said disciplines. ### 5. Powers and functions of the University. - The University shall have the following powers and functions, namely:- (a) to provide for instruction in the disciplines specified in Schedule II and to make provisions for research and for the advancement and dissemination of knowledge; (b) to grant, subject to such conditions as the University may determine, diplomas or certificates, and confer degrees or other academic distinctions on the basis of examinations, evaluation or any other method of testing on persons, and to withdraw any such diplomas, certificates, degrees or other academic distinctions for good and sufficient cause; (c) to organize and to undertake extra-mural studies and extension service; (d) to confer honorary degrees or other distinctions in the manner prescribed; (e) to provide instruction, including correspondence and such other courses, as it may determine; (f) to institute Professorships, Associate Professorships, Assistant Professorships and other teaching or academic posts required by the University and to make appointment thereto; (g) to create administrative, ministerial and other posts and to make appointments thereto; (h) to appoint persons working in any other university or organization having specific knowledge permanently or for a specified period; (i) to co-operate, collaborate or associate with any other university or authority or institution in such manner and for such purpose as the University may determine; (j) to establish study centers and maintain schools, institutions and such centers, specialized laboratories or other units for research and instructions as are in the opinion of the University, necessary for the furtherance of its object; (k) to institute and award fellowships, scholarships, studentships, medals and prizes; (l) to establish and maintain hostels for students of the University; (m) to make provisions for research and consultancy, and for that purpose to enter into such arrangements with other institutions or bodies as the University may deem necessary; (n) to determine standards for admission into the University, which may include examination, evaluation or any other method of testing; (o) to demand and receive payment of fees and other charges; (p) to supervise the residences of the students of the University and to make arrangements for the promotion of their health and general welfare; (q) to make special arrangements in respect of women students as the University may consider desirable; (r) to regulate and enforce discipline among the employees and students of the University and take such disciplinary measures in this regard as may be deemed necessary by the University; (s) to make arrangements for promoting the health and general welfare of the employees of the University; (t) to receive donations and acquire, hold, manage and dispose of any movable or immovable property; (u) to borrow money with the approval of the Sponsoring Body for the purposes of the University; (v) to mortgage or hypothecate the property of the University with the approval of the Sponsoring Body; (w) to establish examination centers; (x) to ensure that the standard of degrees, diplomas, certificates and other academic distinctions are not lower than those laid down by AICTE, NCTE, UGC, MCI, PCI and other similar bodies established by or under any law for the time being in force for the regulation of education; (y) to set up off campus centre within the State, subject to the provisions of any other law for the time being in force; and (z) to do all such other acts and things as may be necessary, incidental or conducive to the attainment of all or any of the objects of the University. ### 6. University to be self-financed. - The University shall be self-financed and shall not be entitled to receive any grant or other financial assistance from the State Government. ### 7. No power of affiliation. - The University shall have no power to affiliate or otherwise admit to its privileges any other institution. ### 8. Endowment Fund. (1) There shall be established an Endowment Fund, as soon as may be after coming into force of this Act with an amount of rupees two crores which has been deposited by the Sponsoring Body with the State Government. (2) The Endowment Fund shall be used as security deposit to ensure that the University complies with the provisions of this Act and functions as per provisions of this Act, Statutes and Ordinances. The State Government shall have the powers to forfeit in the prescribed manner, a part or whole of the Endowment Fund in case the University or the Sponsoring Body contravenes any of the provisions of this Act or Statutes, Ordinances, Regulations or rules made thereunder. (3) Income from the Endowment Fund may be utilized for development of infrastructure of the University but shall not be utilized to meet out the recurring expenditure of the University. (4) The amount of the Endowment Fund shall be invested and kept invested until the dissolution of the University in long term securities issued or guaranteed by the State Government or deposited and kept deposited until the dissolution of the University in the interest bearing Personal Deposit Account of the Sponsoring Body in the Government Treasury. (5) In case of investment in long term security, the certificates of the securities shall be kept in the safe custody of the State Government and in case of deposit in the interest bearing Personal Deposit Account in Government Treasury, the deposit shall be made with the condition that the amount shall not be withdrawn without the permission of the State Government. ### 9. General Fund. - The University shall establish a fund, which shall be called the General Fund to which following shall be credited, namely:- (a) fees and other charges received by the University; (b) any contributions made by the Sponsoring Body; (c) any income received from consultancy and other work undertaken by the University in pursuance of its objectives; (d) trusts, bequests, donations, endowments and any other grants; and (e) all other sums received by the University. ### 10. Application of General Fund. - The General Fund shall be utilized for meeting all expenses, recurring or nonrecurring in connection with the affairs of the University: Provided that no expenditure shall be incurred by the University in excess of the limits for total recurring expenditure and total non-recurring expenditure for the year, as may be fixed by the Board of Management, without the prior approval of the Board of Management. ### 11. Officers of the University. - The following shall be the officers of the University, namely:- (i) the Chairperson; (ii) the President; (iii) the Pro-President; (iv) the Provost; (v) the Proctor; (vi) the Deans of Faculties; (vii) the Registrar; (viii) the Chief Finance and Accounts Officer; and (ix) such other officers as may be declared by the Statutes to be the officers of the University. ### 12. The Chairperson. (1) The Chairperson shall be appointed by the Sponsoring Body with the consent of the State Government for a period of five years from the date on which he enters upon his office and shall not be eligible for re-appointment: Provided that a Chairperson shall notwithstanding the expiration of his term continue to hold office until his successor enters upon the office. (2) Any vacancy in the office of Chairperson shall be filled within six months from the date of such vacancy. (3) The Chairperson shall, by virtue of his office, be the head of the University. (4) The Chairperson shall, if present, preside at the meetings of the Board of Management and at the convocation of the University for conferring degrees, diplomas or other academic distinctions. (5) The Chairperson shall have the following powers, namely:- (a) to call for any information or record in connection with the affairs of the University; (b) to appoint the President; (c) to remove the President in accordance with the provisions of sub-section (8) of section 13; and (d) such other powers as may be prescribed by the Statutes. ### 13. The President. (1) The President shall be appointed by the Chairperson from a panel of three persons recommended by the Board of Management and shall, subject to the provisions contained in sub-section (8), hold office for a term of three years: Provided that, after expiry of the term of three years, a person shall be eligible for re-appointment for another term of three years: Provided further that a President shall notwithstanding the expiration of his term continue to hold office until his successor enters upon the office. (2) Any vacancy in the office of President shall be filled within six months from the date of such vacancy. (3) The President shall be the principal executive and academic officer of the University and shall exercise general superintendence and control over the affairs of the University and shall execute the decisions of the authorities of the University. (4) The President shall preside at the convocation of the University in the absence of the Chairperson. (5) If in the opinion of the President it is necessary to take immediate action on any matter for which powers are conferred on any other authority by or under this Act, he may take such action as he deems necessary and shall at the earliest opportunity thereafter report his action to such officer or authority as would have in the ordinary course dealt with the matter: Provided that if in the opinion of the concerned officer or authority such action should not have been taken by the President then such case shall be referred to the Chairperson, whose decision thereon shall be final: Provided further that where any such action taken by the President affects any person in the service of the University, such person shall be entitled to prefer, within three months from the date on which such action is communicated to him, an appeal to the Board of Management and the Board of Management may confirm or modify or reverse the action taken by the President. (6) If, in the opinion of the President, any decision of any authority of the University is outside the powers conferred by this Act or Statutes, Ordinances, Regulations or rules made thereunder or is likely to be prejudicial to the interests of the University, he shall direct the concerned authority to revise its decision within fifteen days from the date of its decision and in case the authority refuses or fails to revise such decision, then such matter shall be referred to the Chairperson and his decision thereon shall be final. (7) The President shall exercise such other powers and perform such other duties as may be prescribed by the Statutes or the Ordinances. (8) If the Chairperson is satisfied, on an enquiry made or caused to be made on a representation made to him or otherwise, that the continuance of President in his office is prejudicial to the interests of the University or the situation so warrants, he may, by an order in writing and stating the reasons therein for doing so, ask the President to relinquish his office from such date as may be specified in the order: Provided that before taking an action under this subsection, the President shall be given an opportunity of being heard. ### 14. The Pro-President. (1) The Pro-President shall be appointed by the Chairperson in consultation with the President. (2) The Pro-President shall hold office for a period of three years and shall be eligible for re-appointment for a second term. (3) The conditions of service of the Pro-President shall be such as may be prescribed by the Statutes. (4) If the Chairperson is satisfied, on an enquiry made or caused to be made on a representation made to him or otherwise, that the continuance of the Pro-President in his office is prejudicial to the interests of the University or the situation so warrants, he may, by an order in writing and stating the reasons therein for doing so, ask the Pro-President to relinquish his office from such date as may be specified in the order: Provided that before taking an action under this subsection, the Pro-President shall be given an opportunity of being heard. (5) The Pro-President shall assist the President in such matters as are assigned to him by the President from time to time and shall exercise such powers and perform such functions as may be delegated to him by the President. ### 15. The Provost. (1) The Provost shall be appointed by the President for such period and in such manner as may be prescribed by the Statutes. (2) The Provost shall ensure discipline in the University and shall keep the various unions of the teachers and employees advised of the various policies and practices in the University. (3) The Provost shall exercise such other powers and perform such other duties as may be prescribed by the Statutes. ### 16. The Proctor. (1) The Proctor shall be appointed by the President for such period and in such manner as may be prescribed by the Statutes. (2) The Proctor shall be responsible for the maintenance of discipline among the students and keep the various students' unions advised of the various policies and practices in the University. (3) The Proctor shall exercise such other powers and perform such other duties as may be prescribed by the Statutes. ### 17. The Dean of Faculty. (1) There shall be a Dean of each Faculty who shall be appointed by the President for a period of three years in such manner as may be prescribed by the Statutes. (2) The Dean shall convene meetings of the faculty, as and when required, in consultation with the President and shall preside over the same. He shall formulate the policies and development programme of the faculty and present the same to the appropriate authorities for their consideration. (3) The Dean of Faculty shall exercise such other powers and perform such other duties as may be prescribed by the Statutes. ### 18. The Registrar. (1) The Registrar shall be appointed by the Chairperson, in such manner as may be prescribed by the Statutes. (2) All contracts shall be signed and all documents and records shall be authenticated by the Registrar on behalf of the University. (3) The Registrar shall be the Member-Secretary of the Board of Management and Academic Council but he shall not have a right to vote. (4) The Registrar shall exercise such other powers and perform such other duties as may be prescribed by the Statutes. ### 19. The Chief Finance and Accounts Officer. (1) The Chief Finance and Accounts Officer shall be appointed by the President in such manner as may be prescribed by the Statutes. (2) The Chief Finance and Accounts Officer shall exercise such powers and perform such duties as may be prescribed by the Statutes. ### 20. Other officers. (1) The University may appoint such other officers as may be necessary for its functioning. (2) The manner of appointment and powers and functions of such officers shall be such as may be prescribed by the Statutes. ### 21. Authorities of the University. - The following shall be the authorities of the University, namely:- (i) the Board of Management; (ii) the Academic Council; (iii) the Faculties; and (iv) such other authorities as may be declared by the Statutes to be the authorities of the University. ### 22. The Board of Management. (1) The Board of Management of the University shall consist of the following, namely:- (a) the Chairperson; (b) the President; (c) five persons nominated by the Sponsoring Body out of whom two shall be eminent educationists or specialists in disciplines specified in Schedule II; (d) one expert of management or information technology from outside the University, nominated by the Chairperson; (e) one expert of finance, nominated by the Chairperson; (f) Commissioner, College Education or his nominee not below the rank of Deputy Secretary; and (g) two teachers, nominated by the President. (2) The Board of Management shall be the principal executive body of the University. All the movable and immovable property of the University shall vest in the Board of Management. It shall have the following powers, namely:- (a) to provide general superintendence and directions and to control the functioning of the University by using all such powers as are provided by this Act or the Statutes, Ordinances, Regulations or rules made thereunder; (b) to review the decisions of other authorities of the University in case they are not in conformity with the provisions of this Act or the Statutes, Ordinances, Regulations or rules made thereunder; (c) to approve the budget and annual report of the University; (d) to lay down the policies to be followed by the University; (e) to recommend to the Sponsoring Body about the voluntary liquidation of the University, if a situation arises when smooth functioning of the University does not remain possible, in spite of all efforts; and (f) such other powers as may be prescribed by the Statutes. (3) The Board of Management shall meet at least three times in a calendar year. (4) The quorum for meetings of the Board of Management shall be five. ### 23. The Academic Council. (1) The Academic Council shall consist of the President and such other members as may be prescribed by the Statutes. (2) The President shall be the Chairperson of the Academic Council. (3) The Academic Council shall be the principal academic body of the University and shall, subject to the provisions of this Act and the rules, Regulations, Statutes or Ordinances, made thereunder, co-ordinate and exercise general supervision over the academic policies of the University. (4) The quorum for meetings of the Academic Council shall be such as may be prescribed by the Statutes. ### 24. Other authorities. - The composition, constitution, powers and functions of other authorities of the University shall be such as may be prescribed by the Statutes. ### 25. Disqualification for membership of an authority. - A person shall be disqualified for being a member of any of the authorities of the University, if he- (a) is of unsound mind and stands so declared by a competent court; (b) is an undischarged insolvent; (c) has been convicted of any offence involving moral turpitude; (d) is conducting or engaging himself in private coaching classes; or (e) has been punished for indulging in or promoting unfair practice in the conduct of any examination, in any form, anywhere. ### 26. Vacancies not to invalidate the proceedings of any authority of the University. - No act or proceeding of any authority of the University shall be invalid merely by reason of any vacancy or defect in the constitution thereof. ### 27. Filling up of emergent vacancies. - Any vacancies occurred in the membership of authorities of the University due to death, resignation or removal of a member or due to change of capacity in which he was appointed or nominated, shall be filled up as early as possible by the person or the body who had appointed or nominated such a member: Provided that the person appointed or nominated as a member of an authority of the University on an emergent vacancy, shall remain member of such authority for only the remaining period of the member, in whose place he is appointed or nominated. ### 28. Committee. - The authorities or officers of the University may constitute such committees with such terms of reference as may be necessary for specific tasks to be performed by such committees. The constitution of such committees and their duties shall be such as may be prescribed by the Statutes. ### 29. The Statutes. (1) Subject to the provisions of this Act, the Statutes of the University may provide for all or any of the following matters, namely:- (a) the constitution, powers and functions of the authorities of the University as may be constituted from time to time; (b) the terms and conditions of appointment of the President and his powers and functions; (c) the manner and terms and conditions of appointment of the Registrar and Chief Finance and Accounts Officer and their powers and functions; (d) the manner in which and the period for which the Provost and the Proctor shall be appointed and their powers and functions; (e) the manner in which the Dean of Faculty shall be appointed and his powers and functions; (f) the manner and terms and conditions of appointment of other officers and teachers and their powers and functions; (g) the terms and conditions of service of employees of the University and their functions; (h) the procedure for arbitration in case of disputes between officers, teachers, employees and students; (i) the conferment of honorary degrees; (j) the provisions regarding exemption of students from payment of tuition fee and for awarding to them scholarships and fellowships; (k) provisions regarding the policy of admissions, including regulation of reservation of seats; (l) provisions regarding fees to be charged from students; (m) provisions regarding number of seats in different courses; (n) creation of new authorities of the University; (o) accounting policy and financial procedure; (p) creation of new departments and abolition or restructuring of existing departments; (q) institution of medals and prizes; (r) creation of posts and procedure for abolition of posts; (s) revision of fees; (t) alteration of the number of seats in different syllabi; and (u) all other matters which under the provisions of this Act are required to be, or may be, prescribed by the Statutes. (2) The Statutes of the University shall be made by the Board of Management and shall be submitted to the State Government for its approval. (3) The State Government shall consider the Statutes, submitted by the University and shall give its approval thereon within two months from the date of its receipt with such modifications, if any, as it may deem necessary. (4) The University shall communicate its agreement to the Statutes as approved by the State Government, and if it desires not to give effect to any or all of the modifications made by the State Government under sub-section (3), it may give reasons therefor and after considering such reason, the State Government may or may not accept the suggestions made by the University. (5) The State Government shall publish the Statutes, as finally approved by it, in the Official Gazette, and thereafter, the Statutes shall come into force from the date of such publication. ### 30. The Ordinances. (1) Subject to the provisions of this Act or Statutes made thereunder, the Ordinances may provide for all or any of the following matters, namely:- (a) the admission of students to the University and their enrolment as such; (b) the courses of study to be laid down for the degrees, diplomas and certificates of the University; (c) the award of the degrees, diplomas, certificates and other academic distinctions, the minimum qualifications for the same and the measures to be taken relating to the granting and obtaining of the same; (d) the conditions for award of fellowships, scholarships, stipends, medals and prizes; (e) the conduct of examinations, including the terms of office and manner of appointment and the duties of examining bodies, examiners and moderators; (f) fees to be charged for the courses, examinations, degrees and diplomas of the University; (g) the conditions of residence of the students of the University; (h) provision regarding disciplinary action against the students; (i) the creation, composition and functions of any other body which is considered necessary for improving the academic life of the University; (j) the manner of co-operation and collaboration with other Universities and institutions of higher education; and (k) all other matters which by this Act or Statutes made thereunder are required to be provided by the Ordinances. (2) The Ordinances of the University shall be made by the Academic Council which after being approved by the Board of Management, shall be submitted to the State Government for its approval. (3) The State Government shall consider the Ordinances submitted under sub-section (2) within two months from the date of their receipt and shall either approve them or give suggestions for modifications therein. (4) The Academic Council shall either modify the Ordinances incorporating the suggestion of the State Government or give reasons for not incorporating any of the suggestions made by the State Government and shall return the Ordinances alongwith such reasons, if any, to the State Government and on receipt of the same, the State Government shall consider the comments of the Academic Council and shall approve the Ordinances of the University with or without such modifications. ### 31. Regulations. - The authorities of the University may, subject to the prior approval of the Board of Management, make regulations, consistent with this Act and the rules, Statutes and the Ordinances made thereunder, for the conduct of their own business and that of the committees appointed by them. ### 32. Admissions. (1) Admission in the University shall be made strictly on the basis of merit. (2) Merit for admission in the University may be determined either on the basis of marks or grade obtained in the qualifying examination and achievements in co-curricular and extra-curricular activities or on the basis of marks or grade obtained in the entrance test conducted at the State level either by an association of the universities conducting similar courses or by any agency of the State: Provided that admission in professional and technical courses shall be made only through entrance test. (3) Reservation in admission to the University for scheduled castes, scheduled tribes, backward classes, special backward classes, women and handicapped persons shall be provided as per the policy of the State Government. ### 33. Fee structure. (1) The University may, from time to time, prepare its fees structure and sent it for approval of the committee constituted for the purpose. (2) The committee shall consider the fees structure prepared by the University and if it is satisfied that the proposed fees is- (a) sufficient for :- (i) generating resources for meeting the recurring expenditure of the University; and (ii) the savings required for the further development of the University; and (b) not unreasonably excessive, it may approve the fees structure. (3) The fees structure approved by the committee under sub-section (2) shall remain in force for three years and the University shall be entitled to charge fees in accordance with such fees structure. (4) The University shall not charge any fees, by whatever name called, other than that for which it is entitled under subsection (3). ### 34. Examinations. - At the beginning of each academic session and in any case not later than 30th of August of every calendar year, the University shall prepare and publish a schedule of examinations for each and every course conducted by it and shall strictly adhere to the schedule. Explanation. - "Schedule of Examination" means a table giving details about the time, day and date of the commencement of each paper which is a part of a scheme of examinations and shall also include the details about the practical examinations: Provided that if, for any reason whatsoever, the University has been unable to follow this schedule, it shall, as soon as practicable, submit a report to the State Government incorporating the reasons for making a departure from the published schedule. The Government may, thereon, issue such directions as it may deem fit for the compliance of the schedule. ### 35. Declaration of results. (1) The University shall strive to declare the results of every examination conducted by it within thirty days from the last date of the examination for that particular course and shall in any case declare the results latest within forty-five days from such date: Provided that if, for any reason whatsoever, the University is unable to finally declare the results of any examination within the aforesaid period of forty-five days, it shall submit a report incorporating the reasons for such delay to the State Government. The State Government may, thereon, issue such directions as it may deem fit. (2) No examination or the results of an examination shall be held invalid only for the reasons that the University has not followed the time schedule as stipulated in section 34 or, as the case may be, in section 35. ### 36. Convocation. - The convocation of the University shall be held in every academic year in the manner as may be prescribed by the Statutes for conferring degrees, diplomas or for any other purpose. ### 37. Accreditation of the University. - The University shall obtain accreditation from the NAAC, as per the norms of the NAAC and inform the State Government and such other regulating bodies which are connected with the courses taken up by the University about the grade provided by the NAAC to the University. The University shall get renewed such accreditation from time to time as per the norms of the NAAC. ### 38. University to follow rules, regulations, norms, etc. of the regulating bodies. - Notwithstanding anything contained in this Act, the University shall be bound to comply with all the rules, regulations, norms, etc. of the regulating bodies and provide all such facilities and assistance to such bodies as are required by them to discharge their duties and carry out their functions. ### 39. Annual report. (1) The annual report of the University shall be prepared by the Board of Management which shall include among other matters, the steps taken by the University towards the fulfilment of its objects and copy of the same shall be submitted to the Sponsoring Body. (2) Copies of the annual report prepared under sub-section (1) shall also be presented to the State Government. ### 40. Annual accounts and audit. (1) The annual accounts including balance sheet of the University shall be prepared under the directions of the Board of Management and the annual accounts shall be audited at least once in every year by the auditors appointed by the University for this purpose. (2) A copy of the annual accounts together with the audit report shall be submitted to the Board of Management. (3) A copy of the annual accounts and audit report alongwith the observations of the Board of Management shall be submitted to the Sponsoring Body. (4) Copies of annual accounts and balance sheet prepared under sub-section (1) shall also be presented to the State Government. The advice of the State Government, if any, arising out of the accounts and audit report of the University shall be placed before the Board of Management. The Board of Management shall issue such directions, as it may deem fit and compliance shall be reported to the State Government. ### 41. Powers of the State Government to inspect the University. (1) For the purpose of ascertaining the standards of teaching, examination and research or any other matter relating to the University, the State Government may cause an inspection, to be made in such manner as may be prescribed, by such person or persons as it may deem fit. (2) The State Government shall communicate to the University its recommendations in regard to the result of such inspection for corrective action. The University shall adopt such corrective measures and make efforts so as to ensure the compliance of the recommendations. (3) If the University has failed to comply with the recommendations made under sub-section (2) within a reasonable time, the State Government may give such directions as it may deem fit for such compliance. ### 42. Powers of the State Government to call for information. (1) The State Government may call for information from the University relating to its working, functions, achievements, standard of teaching, examination and research or any other matters as it may consider necessary to judge the efficiency of the University in such form and within such time as may be prescribed by rules. (2) The University shall be bound to furnish the information as required by the State Government under sub-section (1) within the prescribed time. ### 43. Dissolution of the University by the Sponsoring Body. (1) The Sponsoring Body may dissolve the University by giving a notice to the effect in the prescribed manner to the State Government and the employees and the students of University at least one year in advance: Provided that dissolution of the University shall have effect only after the approval of the State Government and the last batches of students of the regular courses have completed their courses and they have been awarded degrees, diplomas or awards, as the case may be. (2) On the dissolution of the University all the assets and liabilities of the University shall vest in the Sponsoring Body. ### 44. Special powers of the State Government in certain circumstances. (1) If it appears to the State Government that the University has contravened any of the provisions of this Act or the rules, Statutes or Ordinances made thereunder or has violated any of the directions issued by it under this Act or has ceased to carry out any undertakings given by it to the State Government or a situation of financial mismanagement or mal-administration has arisen in the University, it shall issue notice requiring the University to show cause within forty-five days as to why an order of its liquidation should not be made. (2) If the State Government, on receipt of reply of the University on the notice issued under sub-section (1), is satisfied that there is a prima facie case of contravening any of the provisions of this Act or the rules, Statutes or Ordinances made thereunder or of violating directions issued by it under this Act or of ceasing to carry out the undertakings given by it or of financial mismanagement or mal-administration, it shall make an order of such enquiry as it may consider necessary. (3) The State Government shall, for the purposes of any enquiry under sub-section (2), appoint an inquiry officer or officers to inquire into any of the allegations and to make report thereon. (4) The inquiry officer or officers appointed under subsection (3) shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (Central Act No. 5 of 1908) while trying a suit in respect of the following matters, namely:- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any such document or any other material as may be predicable in evidence; and (c) requisitioning any public record from any court or office. (5) The inquiry officer or officers inquiring under this Act shall be deemed to be a civil court for the purposes of section 195 and Chapter 26 of the Code of Criminal Procedure, 1973 (Central Act No. 2 of 1974). (6) On receipt of the enquiry report from the officer or officers appointed under sub-section (3), if the State Government is satisfied that the University has contravened any of the provisions of this Act or the rules, Statutes or Ordinances made thereunder or has violated any of the directions issued by it under this Act or has ceased to carry out the undertakings given by it or a situation of financial mismanagement and mal-administration has arisen in the University which threatens the academic standard of the University, it shall make orders for liquidation of the University and appoint an administrator and thereupon the authorities and officers of the University shall be subject to the order and direction of the administrator. (7) The administrator appointed under sub-section (6) shall have all the powers and be subject to all the duties of the Board of Management under this Act and shall administer the affairs of the University until the last batch of the students of the regular courses have completed their courses and they have been awarded degrees, diplomas or awards, as the case may be. (8) After having been awarded the degrees, diplomas or awards, as the case may be, to the last batches of the students of the regular courses, the administrator shall make a report to the effect to the State Government. (9) On receipt of the report under sub-section (8), the State Government shall, by a notification in the Official Gazette, issue an order dissolving the University and from the date of publication of such notification the University shall stand dissolved and all the assets and liabilities of the University shall vest in the Sponsoring Body from such date. ### 45. Power to make rules. (1) The State Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act. (2) All rules made under this Act shall be laid, as soon as may be, after they are so made, before the House of the State Legislature, while it is in session, for a period of not less than fourteen days which may be comprised in one session or in two successive sessions and if before the expiry of the session in which they are so laid or of the session immediately following, the House of the State Legislature makes any modification in any such rules or resolves that any such rules should not be made, such 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 thereunder. ### 46. Power to remove difficulties. (1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order published in the Official Gazette, make provisions, not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulty: Provided that no order under this section 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, shall be laid before the House of the State Legislature. ### 47. The Act to have overriding effect. - The provisions of this Act and the rules, Statutes, Ordinances made thereunder shall have effect notwithstanding anything to the contrary contained in any other law, for the time being in force, relating to the matters in respect of which the State Legislature has exclusive power to make laws. I --- Infrastructure ### 1. Land: 32.7 acres of land comprising of Khasra Nos. 284, 293, 297, 298, 299, 300, 300/1, 301, 303/358, 307, 308, 312, 313, 314, 315, 316, 317, 318, 319, 320, 320/345, 321, 322 and 323 at Village Alaniya, Tehsil Ladpura, District Kota (Rajasthan) . ### 2. Building : (i) Administrative Block : (a) Number and Category of Units : 26 | | | | --- | --- | | Category of Units | No. of Units | | 1 | 2 | | Office of President | 1 | | Office of Private Secretary to President | 1 | | Office of Registrar | 1 | | Office of Private Secretary to Registrar | 1 | | Waiting Room of Guests / Visitors | 1 | | Administrative Office | 1 | | Board / Meeting Rooms | 4 | | Reception | 1 | | Examination Control Office | 1 | | Deans' Rooms | 6 | | Pantries | 2 | | Office of Deputy Registrar | 1 | | Office of Assistant Registrar | 1 | | Office of Chief Finance and Accounts Officer | 1 | | Office of Administration Officer | 1 | | Central Store | 1 | | Cafeteria | 1 | | Total | 26 | (b) Measurement of total covered area: 3,094 Sq. Mtrs. (ii) Academic Block : (a) Number and Category of Units : 69 | | | | --- | --- | | Category of Units | No. of Units | | 1 | 2 | | Lecture Halls/Class Rooms | 10 | | Laboratories | 5 | | Language Laboratory | 1 | | Computer Centre | 1 | | Discussion Rooms | 2 | | Tutorial Rooms | 8 | | Drawing Halls | 2 | | Seminar Hall | 1 | | Library | 1 | | Faculty Rooms | 30 | | Workshops | 2 | | Girls' Common Room | 1 | | Boys' Common Room | 1 | | Placement Cell | 1 | | Student's Welfare Cell | 1 | | First Aid and Sick Room | 1 | | Stationery and Reprography Room | 1 | | Total | 69 | (b) Measurement of total covered area: 8,525 Sq. Mtrs. Total built up area: 11,619 Sq. Mtrs. ### 3. Faculty : | | | | --- | --- | | Post | Number | | Professors | 2 | | Associate Professors | 3 | | Assistant Professors | 5 | ### 4. Academic Facilities : (i) Library : 1 | | | | | | --- | --- | --- | --- | | S. No. | Branch | No. of Titles | No. of Books | | 1 | Science and Technology | 1,870 | 1,870 | | 2 | Management | 897 | 897 | | 3 | Miscellaneous | 394 | 394 | | | Total | 3,161 | 3,161 | (ii) Laboratories : 10 Units | | | | | --- | --- | --- | | S. No. | Name of Laboratory | No. of Units | | 1 | 2 | 3 | | 1 | Physics | 1 | | 2 | Chemistry | 1 | | 3 | Electronics Laboratory | 1 | | 4 | Electrical Laboratory | 1 | | 5 | Workshop Laboratories | 2 | | 6 | Engineering Graphics Laboratory | 1 | | 7 | Language Laboratory | 1 | | 8 | Computer Centres | 2 | | | Total | 10 | (iii) Reading Room: Yes, as part of Library. (iv) Journals: | | | | | --- | --- | --- | | S. No. | Branch | Journals | | 1 | Management | 28 | | 2 | Daily News Papers | 11 | | 3 | Department of Science and Technology | 70 | | | Total | 109 | (v) Other Facilities : (a) Air cooling available in the entire campus (b) Online Library facility is in process and will be provided ### 5. Facilities for co-curricular activities: Outdoor Facilities: Badminton Basketball Cricket Football Hockey Tennis Volleyball Indoor Facilities: Carrom Chess Table Tennis II ---- Disciplines in which University shall undertake study and research: ### 1. Management Studies ### 2. Engineering and Technology ### 3. Computer Applications and Technology ### 4. Basic and Applied Science ### 5. Agriculture and Veterinary Science ### 6. Health Care Vocation and Sciences ### 7. Medical Sciences ### 8. Finance, Commerce, Accounts and International Trade ### 9. Legal Studies and Governance ### 10. Media, Journalism and Mass Communication ### 11. Education, Physical Education and Sports ### 12. Fashion, Design and Textiles ### 13. Humanities and Social Sciences ### 14. Arts ### 15. Vocational Studies ### 16. Hospitality and Tourism ### 17. Library Science and Informatic s

65baa905ab84c7eca86ec496

acts

State of Gujarat - Act ------------------------ Research Assistant, Class III, (Pre-service Training and Passing of Post-Training Examination) Rules, 2015 ------------------------------------------------------------------------------------------------------------ GUJARAT India Research Assistant, Class III, (Pre-service Training and Passing of Post-Training Examination) Rules, 2015 ============================================================================================================ Rule RESEARCH-ASSISTANT-CLASS-III-PRE-SERVICE-TRAINING-AND-PASSING-OF-POST-TRAINING-EXAMINATION-RULES-2015 of 2015 -------------------------------------------------------------------------------------------------------------------- * Published on 21 November 2015 * Commenced on 21 November 2015 Research Assistant, Class III, (Pre-service Training and Passing of Post-Training Examination) Rules, 2015 Published vide Notification No. 38/AAK/102014/1514/S, dated 21.11.2015 Last Updated 2nd November, 2019 Notification No. 38/AAK/102014/1514/S. - In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India and in supersession of all the rules made in this behalf, the Governor of Gujarat hereby makes the following rules to provide for regulating the conditions of service of persons directly recruited to the post of Research Assistant, Class III, in so far as they relate to their Pre-service training and passing of the Post-training Examination, namely:- ### 1. Short title, extent and commencement. (1) These rules may be called the Research Assistant, Class III, (Pre-service Training and Passing of Post-Training Examination) Rules, 2015. (2) They shall come into force from the date of their publication in the Official Gazette. (3) They shall apply to the persons directly recruited as Research Assistant, Class III, in the Directorate of Economics and Statistics, Gujarat State, otherwise than by promotion from a lower post. ### 2. Definitions. - In these rules, unless the context otherwise requires:- (a) "Appendix" means the Appendix appended to these rules; (b) "Contractual Post" means the post of the Research Assistant, Class III, in the Directorate of Economics and Statistics, Gujarat State on which direct recruits are appointed on contractual basis; (c) "Director General" means the Director General of Sardar Patel Institute of Public Administration (SPIPA); (d) "direct recruit" means a person appointed on contractual basis on the post of Research Assistant, Class III, in the Directorate of Economics and Statistics, Gujarat State, through the competitive examination: (e) "examination" means the post-training examination held by the Institute that has imparted pre-service to the direct recruit Research Assistant, Class III, in the Directorate of Economics & Statistics, Gujarat State; (f) "Institute" means the Sardar Patel Institute of Public Administration or such other Institute as may be notified by the Government; (g) "Specified chances" means the number of chances specified in these rules within which a person is required to pass the examination; (h) "specified period" means the period specified in these rules within which a person is required to pass the examination; ### 3. Institutional training and scheme of examination. - The direct recruit shall be required to undergo institutional training, in the Institute in accordance with the following provisions, namely:- (1) The institutional training shall be for a period of eight weeks. The training shall be imparted by the Institute. (2) The direct recruit shall be under the control of the Director General of the Institute during the period of their institutional training. (3) The post training examination shall be held by the Institute after the institutional training period is over. The direct recruits who have completed the institutional training programme shall be required to pass the examination. After completion of the institutional training, the direct recruits shall be required to work in their respective offices until their examination. ### 4. Examination and Syllabus. (1) The examination shall consist of four papers. Each paper shall be of 100 (one hundred) marks. The syllabus of each paper shall be as specified in Appendix-I. (2) The examination shall consist of Multiple Choice Questions (MCQs) except Paper 4 which shall be descriptive. Answers in Paper 4 shall be required to be written in English or Gujarati, as per the instructions given in the question paper. (3) The candidate shall be allowed to answer the question papers 1 to 3 with the help of books. Paper 4 shall be without books. Explanation. - "With Books", means original books of the subjects approved by the Government or the Institute from time to time which includes bare Acts and / or Rules without any commentaries or case laws and includes manuals issued under the Act and published by the Government of Gujarat ### 5. Attempts for passing examination. (1) The direct recruit shall be required to pass the examination within three, attempts and within five years , of their contractual period: Provided that a person belonging to the Scheduled Castes or Scheduled Tribes who is unable to pasS the examination within three attempts shall be allowed an additional attempt which shall have to be availed of within a period of one year from the date of declaration of the result of the Examination of his third attempt. (2) If a direct recruit fails to pass the examination in the prescribed attempts as required under these rules, his services shall be terminated: Provided that if, the State Government is satisfied that person could not pass the Examination within the prescribed attempts for the reasons beyond' his control, it may after recording the reasons in writing allow him not more than two additional attempts to pass such examination on payment of an examination fees as determined by the Government from time to time : Provided further that, if a person passes the examination after availing the additional attempts, he shall not be entitled to claim seniority over those persons who have passed the examination earlier than him, within the specified attempts and specified period. (3) In the circumstances mentioned in sub-rule (1) and sub-rule (2) above, if the Examination is not conducted in time or result thereof cannot be declared before the contractual period of the direct recruit is over, his contractual period shall be deemed to have been extended till the declaration of the result of the examination of his last additional attempt. (4) Not appearing in the examination, shall be considered as an attempt. ### 6. Publication of result. - The Director General, SPIPA shall declare the result of the examination and submit the same to the Government. The Government shall publish the result in the Official Gazette. ### 7. Qualifying Standard for passing of examination. (1) The standard for passing the examination shall be of fifty per cent of the total marks assigned to each paper. (2) An unsuccessful candidate who secures sixty per cent or more marks in any one or more papers shall be exempted from appearing in that or those papers at the subsequent examinations. (3) The direct recruit shall not be entitled to any travelling allowance for the journey performed by him to attend the institutional training and for appearing the examination. ### 8. Eligibility to appear in Examination. (1) In order to qualify for appearing at the examination, a direct recruit shall be required to attend minimum 85% of the total number of lectures in the institutional training, otherwise he shall be disqualified for appearing in the examination and shall be liable to be terminated from his contractual appointment. (2) During the period of institutional training, a direct recruit shall not be allowed" any type of leave or absence for more than three days. If the direct recruit remains absent for more than three days and the Director General of the Institute is satisfied that his absence is not due to any unavoidable circumstances beyond his control, he may direct to deduct the pay of the direct recruit for the days of absence. ### 9. Books for Institutional training. - The Institute shall provide books for institutional training and for examination, to the direct recruit Without obtaining any security deposit during their institutional training in the Institute. The direct recruit shall be required to return the books as soon as the examination is over. In case of their loss or damage, price of the books shall be recovered from the direct recruit by the Institute. ### 10. Prohibition to use certain device in the Examination Hall. - No direct recruit shall be allowed to carry with him any other communication device like pager, cellular phone, lap-top, i-pad, calculator, etc in the examination hall. ### 11. Security and Surety. - Even direct recruit shall be required to execute a bond in the form as specified in Appendix-II. ### 12. Miscellaneous Provisions. (1) The Director General shall be entitled to change or alter the training schedule of the examination as per the prevailing circumstances. (2) After passing the Post-training Examination, the direct recruit shall be required to work as a Research Assistant, Class-Ill in the Directorate of Economics and Statistics, Gujarat State. Appendix-I [See Rule 4(1) ] Syllabus for institutional training and Post-training Examination for the direct recruit. Statistical Assistant, Class III. | | | | --- | --- | | Paper 1: Gujarat Civil Service Rules, 2002, Total-100 Marks, Duration : (With Books) | 2 hours, | | 1. | Gujarat Civil Service Rules, 2002: | | | (1) The Gujarat Civil Service (General Conditions of Services) Rules, 2002. | | | (2) The Gujarat Civil Service (Pay) Rules, 2002. | | | (3) The Gujarat Civil Service (Pay Related Allowances) Rules, 2002, | | | (4) The Gujarat Civil Service (Occupation of Government Residential Accommodation) Rules, 2002. | | | (5) The Gujarat Civil Service (Leave) Rules, 2002, | | | (6) The Gujarat Civil Service (Pension) Rules, 2002. | | | (7) The Gujarat Civil Service (Joining Time) Rules, 2002. | | | (8) The Gujarat Civil Service (Travelling Allowance) Rules, 2002. | | | Paper 2 : Acts and Rules and Financial Matters, Total-100 Marks, Duration | 2 hours (With Books) | | 1. | Acts and Rules : | 50 marks | | 1. The Gujarat Civil Services (Conduct) Rules, 1971 and Gujarat Civil Services (Discipline and Appeal) Rules, 1971. | | | 2. The Gujarat Civil Services (Classification and Recruitment) (General) Rules, 1967. | | | 3. The Prevention of Corruption Act, 1988. | | | 4. The Right to Information Act, 2005. | | | 2. | Financial Matters: | 50 marks | | 1. The Gujarat Financial Rules, 1971. | | | 2. The Gujarat Treasury Rules, 2000 (Chapter 1, 2, 3, 7, 8 & 9). | | | 3. The Bombay Contingency Expenditure Rules, 1959. | | | 4. The Gujarat Budget Manual Book-1 Rules, 1983. | | | 5. The Bombay General Provident Fund Rules, 1959. | | | Reference books : | | | 1. The Gujarat Civil Services (Conduct) Rules, 1971 and Gujarat Civil Services (Discipline and Appeal) Rules, 1971. | | | 2. The Gujarat Civil Services (Classification and Recruitment) (General) Rules, 1967. | | | 3. The Prevention of Corruption Act, 1988. | | | 4. The Right to Information Act, 2005. | | | 5. The Gujarat Financial Rules. 1971 (Whole Book). | | | 6. The Gujarat Treasury Rules, 2000 (Whole Book). | | | 7. The Bombay Contingency Expenditure Rules, 1959. | | | 8. The Gujarat Budget Manual Book-1, Rules, 1983. | | | 9. The Bombay General Provident Fund Rules. 1959. | | | Paper 3: Statistics, Economics and Official Statistics, Total-100 Marks, Duration : | 2 hours (With Books) | | 1. | Statistics: | 30 marks | | (1) Mathematical Statistics : | | | 1. Frequency Distribution and Measurement of Central Tendency | | | 2. Dispersion - Skewness | | | 3. Principle of Sot | | | 4. Probability | | | 5. Mathematical Expectation | | | 6. Probability Distribution | | | 7. Interpolation - Extrapolation | | | (2) Sampling Methods and Experimental Designs: | | | 1. Introduction | | | 2. Simple Random Sampling Method | | | 3. Stratified Random Sampling Method | | | 4. Systematic Sampling Method | | | 5. Cluster Sampling | | | (3) Business Statistics : | | | 1. Correiating, | | | 2. Regression | | | 3. Association | | | 4. Time Series | | | 5. Index Number | | | 6. Vital Statistics | | | 2. | Economics : | 30 marks | | (1) | Principles of Economics :- | | | 1. Economics and Basic Economic Problems | | | 2. Assumption of Economic and Methods of Analysis | | | 3. Principle of Consumer Behaviour - Choice of Utility | | | 4. Indifference Curve Analysis and Choice | | | 5. Consumer's Surplus G. Elasticity of Demand | | | 7. Rules of Production | | | 8. Production Cost | | | 9. Supply | | | 10. Price Determination in Market | | | 11. Competition | | | 12. Monopoly | | | 13. MonopoHstic Competition | | | 14. Oligopoly | | | 15. Principle of Allocation | | | 16. Pay | | | 17. Rent | | | 18. Interest | | | 19. Profit | | | 20. Point of General Equilibrium | | | 21. Welfare Economics | | | 3. | Official Statistics : | 40 marks | | 1. Central and State Statistical Organisation | | | 2. Planning | | | 3. National Sample Survey | | | 4. National Sample Survey (Poverty) | | | 5. Economic Census and Survey | | | 6. Population Census | | | 7. Agriculture Statistics | | | 8. Animal Husbandry Statistics | | | 9. Fisheries Statistics | | | 10. Irrigation Statistics | | | 11. National Income and State Income Estimates | | | 12. Capital Formation | | | 13. Price Statistics | | | 14. Transport Statistics | | | 15. Education Statistics | | | 16. Industrial Statistics | | | 17. Statistics of Municipal Towns and Cities | | | 18. Socio-Economic Review | | | 19. Statistics of Co-operative Activities | | | 20. Statistical Arrangement of Co-operative Activities | | | 21. Evaluation Process and its various stages | | | 22. Health Statistics | | | Books recommended : | | | - Mathematical Statistics, Author :- Prof. H.D.Shah, Fifth Edition :- 1994 (Published by the University Granth Nirmdn Board, Gujarat State, Ahmedabad) | | | - Sampling Methods and Experimental Designs, Author - Shri S.M.Shah Edition :-1992, (Published by the University Granth Nirman Board, Gujarat State, Ahmedabad) | | | - Business Statistics, T.Y.B.Com., Edition :- 1995, (Published, by the University Granth Nirman Board, Gujarat State, Ahmedabad) | | | - Principles of Economics, (Price and Allocation), Author - Shri H.K.Trivedi, Edition :-2005. (Published by the University Granth Nirman Board, Gujarat State, Ahmedabad) | | | - Official Statistics, (Prepared by the Directorate of Economics and Statistics, Gujarat State Gandhinagar) | | | Paper 4 : Official Writing Method and Office Procedure, Noting and Drafting (Non-Secretariat) Total-100 Marks, Duration : | 3 hours (Without Books) | | Chapter-1 | General Instructions: | 50 Marks | | | Parishist-K : Official Language Policy of Association | | | Parishist-KH : Gujarat Official Languages Act, 1960 | | | Parishist-G : Government Motives | | | Chapter-2 | Noting Method (Note Writing) | | | Chapter-3 | Draft Writing-I (Letter Method) | | | | Government Writing Method: | | | (4) Letter | | | (5) Reminder Letter | | | (6) Demi-official Letter | | | Chapter-4 Draft Writing-2 (other appearance in Government Writing Behavior) : | | | (1) office Memo | | | (2) Office order | | | (3) Circular | | | (4) Remark | | | (5) Resolution | | | (6) Notification | | | (7) Telegraph | | | (8) Saving Telegraph | | | (9) Press Note | | | (10) Press Statement | | | (11) Agenda | | | (12) Minutes | | | Chapter-5 (K) Some Samples of Standard : | | | (1) Bond of Surety | | | (2) Tender, Notice, Samples, Instructions | | | (3) Advertisement | | | (4) Notice | | | (5) Certificate | | | (D) Certificate of Medical Inquiry | | | (E) Certificate relating to Office Work | | | (F) Certificate of Salary | | | (6) Plaque and Invitation Letters | | | (Kh) Correspondence in Hindi | | | Chapter-6 Easy-Translation - Some samples: | | | Gujarati Translation in Important Sentences | | | Chapter-7 Rules of Spelling : | | | (A) Proofreading | | | (B) Spelling of Administrative Words | | | Chapter-8 | Abstract Writing : | 50 Marks | | | Parishist-3 Gujarati-Hindi Synonyms of Some Important English Words in Administration (2) Official Procedure, Noting and Drafting (Non-Secretariat) | | | 1. Various form of correspondence used in Government offices | | | 2. Noting, Drafting and Filing, etc. | | | Books recommended : | | | - Official Writing Method, 4th Edition-1996 (Office of the Director of Languages, Gujarat State, Gandliinagar-382 010) | | | - Office Procedure. Official Writing Methods (Non-Secretariat) (Published by the Government of Gujarat) | | Appendix-II [See Rule 11] Security Bond Know all men by these presents that I................ a candidate selected for appointment to the post of...................... on contractual basis in accordance with the rules contained in the Government Notification.......................... Department, No.......................... dated the ......................... (hereinafter referred to as "the rules") am held and firmly bound up; to the Governor of Gujarat exercising the executive powers of the Government of the State of Gujarat (hereinafter referred to as "the Government" which expression shall, unless the context otherwise requires, include his successors in office and assignees) in the amount equal to pay and allowances paid to me by the Government during my training plus amount prescribed by the Government from time to time towards the cost of training imparted to me by the Institute, being an expenditure incurred by the Government to my training and which is to be paid to the Government for which payment, well and truly to be made, I bind myself, my heirs, executors, administrators and legal representatives by these presents .................. Whereas, I am required under the rules to execute a bond for refund to the Government of the amount equal to pay and usual allowances drawn by 1110 during the training in the event of my (a) failure to complete the institutional training, or (b) failure to appear in the examination, or (c) failure to comply with any of the provisions of the contractual appointment rules, if any, to the satisfaction of the Government or (d) quitting service before the completion of the period of 3 years from the date of my regular appointment on satisfactory completion of the contractual period. Now, the condition of the above written bond is that, if, I shall duly and faithfully observe and perform the stipulations and conditions on my part to be observed and performed as contained in the said rules (Which rules shall be deemed to form part of these presents), then the above written bond shall be void, otherwise the same shall remain in full force and effect: Provided that without prejudice to other rights or remedies, it shall be open to the Government to recover the amount payable under this bond as arrears of land revenue. In witness whereof 1 have here to set my hand this day of.............. 20............. Signature of candidate Signed and delivered by the above named in the presence of:- ### 1. Signature and full address, ### 2. Signature and full address Surety We .................. and residing at in Taluka .............. District ........... declare ourselves sureties for the above names ........(hereinafter referred to as "the candidate") and guarantee that the candidate shall do and perform all that he has undertaken to do' and perform and in case of his (1) failure to complete the institutional training or (2) failure to appear in the examination, or (3) failure to comply with any of the provisions of the contractual appointment rules, if any, to the satisfaction of the Government, we hereby bind ourselves jointly and severally to forfeit to the Government of Gujarat exercising the executive power of the Government of State of Gujarat (hereinafter referred to as "the Government") the amount equal to the pay and allowances paid to him by the Government during his training plus amount prescribed by the Government from time to time towards the cost of training imparted to him by the Institute being an expenditure incurred by the Government on his training in which the candidate has bound himself and we agree that the Government may, without prejudice to other right or remedies available to the Government recover the said amount from us as an arrear of land revenue; and we also agree that any variation of the terms and conditions specified in the said rules shall not discharge us from our liabilities to pay the said amount and for the purpose of enforcement of our liability under this agreement, our liability shall be joint and several with that of the candidate. | | | | --- | --- | | Date: | Signature of Surety. | | Place: | Full address and occupation. | | Date: | Signature of Surety. | | Place: | Full address and occupation. | | In the presence of: | | | Signature | | | Full address and | | | Occupation of witness: | | | Signature | | | Full address and | | | Occupation of witness: | |

65b939b4ab84c7eca86e8a81

acts

State of Odisha - Act ----------------------- The Orissa Government Servants' Conduct Rules, 1959 ----------------------------------------------------- ODISHA India The Orissa Government Servants' Conduct Rules, 1959 ===================================================== Rule THE-ORISSA-GOVERNMENT-SERVANTS-CONDUCT-RULES-1959 of 1959 ---------------------------------------------------------------- * Published on 21 February 1959 * Commenced on 21 February 1959 The Orissa Government Servants' Conduct Rules, 1959 Published vide Notification Orissa Gazette/1.5.1959-Notification No. 4757-Gen./7.4.1959 No. 4757-Gen. - In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India, the Governor of Orissa is hereby pleased to make the following rules to regulate the conduct of Government servants employed in connection with the affairs of the State of Orissa, namely : ### 1. Short title. - These rules may be called the Orissa Government Servants' Conduct Rules, 1959. ### 2. Definitions. - In these rules, unless the context otherwise requires- (a) "Government" means- (i) in the case of a Government servant who is outside India whether on duty or on leave, or whose services have been placed at the disposal of the Government of India; (ii) in the case of a Government servant whose services have been placed at the disposal of the Government of another State, so long as he is serving within India-the Government of the State; (iii) in all other cases the Government of Orissa; (b) "Government servant" means any person appointed to serve in connection with the affairs of the State, in respect of whom the Government of Orissa is empowered to make rules under Article 309 of the Constitution of India, whether for the time being such person serving in connection with the affairs of the Government of India or of any State, or is on Foreign Service, or on leave; (c) "member of the family" in relation to a Government servant Includes- (i) the wife, child or step-child of such Government servant whether residing with him or not, and in relation to a Government servant who is a woman, the husband residing with her and dependent on her ; and (ii) any other person related whether by blood or by marriage to the Government servant and wholly dependent on him or her, but does not include a wife or husband separated from the Government servant or a child or step-child who is no longer in any way dependent upon him or her, or of whose custody the Government servant has been deprived of by law. ### 3. [ General. [Substituted vide Notification No. 27637-SC-6/142/79-Gen./21.11.1979.] - Every Government servant shall at all times maintain absolute integrity, decorum of conduct, and devotion to duty and shall not commit any act which amounts to personal immorality or failure to discharge duties properly. Explanation - For the purpose of this rule- (a) "personal immorality" means vicious habits relating to drinks, sex and gambling which reduce the utility of a public servant so as to damage Government or the official, generally in public esteem; and (b) "failure to discharge duties properly" includes all such acts and omissions on the part of a Government servant as are likely to weaken the position and prestige of the Government of the Union or of the Government of Orissa or which indicates an absence of loyalty and devotion to the Union or any feeling of loyalty towards any State outside the Union.] ### 4. Obedience to superiors. - Every Government servant shall at all times carry out the orders and act according to the instructions of his superior authorities so far as his official duties are concerned. ### 4A. [ Prohibition of sexual harassment of working women. [Inserted vide S.R.O.No, 33648-2R/1-13/2000 (Pt-II)-Gen. O.G.No. 37, dated 8.9.2000.] (1) No Government servant shall indulge in any act of sexual harassment of any woman at her work place. (2) Every Government servant who is in charge of work place shall take appropriate steps to present sexual harassment to any woman at such work place. Explanation - For the purpose of this rule, "Sexual harassment" includes such unwelcome sexually determined behaviour, whether directly or otherwise, as (a) Physically contact and advances; (b) Demand or request for sexual favours; (c) Sexually coloured remarks; (d) Showing any pornography; or (e) Any other unwelcome physical, verbal or non-verbal conduct of a sexual nature.] ### 5. Taking part in politics, etc. - (i) No Government servant shall be a member of or be otherwise associated with any political or communal party or any Organisation which takes part in politics or communal activities nor shall he take part in, subscribe in aid of, or assist in any other manner any political or communal movement or activity. (ii) It shall be the duty of every Government servant to endeavour to prevent any member of the family from taking part in, subscribing in aid of, or assisting in any other manner any movement or activity which is, or tends directly or indirectly to be, subversive of the Government as by law established, and where a Government servant fails to prevent a member of his family from taking part in, or subscribing in aid of, or assisting in any other manner, any such movement or activity, he shall make a report to that effect to the Government, and according to the directions given by the Government in this regard. (iii) If any question arises whether any movement or activity falls within the scope of this rule, the decision of the Government thereon shall be final. (iv) No Government servant shall canvas or otherwise interfere or use his influence in connection with, or take part in an election to any legislature or local authority : Provided that- (a) a Government servant qualified to vote at such election may exercise his right to vote, but where he does so, he shall give no indication of the manner in which he proposes to vote or has voted; (b) a Government servant shall not be deemed to have contravened the provisions of this rule by reason only that he assists in the conduct of an election in the due performance of a duty imposed on him by or under any law for the time being in force. Explanation - The display by a Government servant on his personal vehicle or residence of any electoral symbol shall amount to using his influence in connection with an election, within the meaning of this sub-rule. ### 6. Connection with Press or Radio. - (i) No Government servant shall, except with the previous sanction of the Government, own wholly or in part, or conduct or participate in editing or managing of any newspaper or other periodical publication. (ii) No Government servant shall, except with the previous sanction of the Government or any other authority empowered by it in this behalf, or in the bona fide discharge of his duties, participate in a radio broadcast or contribute any article or write any letter, either anonymously or in his own name or in the name of any other person to any newspaper or periodical: Provided that no such sanction shall be required if such contribution to any newspaper or periodical is on a purely literary, artistic or scientific subject and of occasional character. ### 7. Criticism of Government. - No Government servant shall, in any radio broadcast or in any document, publish anonymously or in his own name or in the name of any other person or any communication to the press, or in any public utterance make any statement of fact or opinion- (i) which has the effect of an adverse criticism of any current or recent policy or action of the Government of Orissa or the Government of India or the Government of any other State; or (ii) which is capable of embarrassing the relation between the Government of Orissa and the Government of India or the Government of any other State ; or (iii) which is capable of embarrassing the relation between the Government of India and the Government of any foreign State : Provided that nothing in this rule shall apply to the statement made or views expressed by a Government servant in his official capacity or in the due performance of the duties assigned to him. Explanation I - Nothing contained in this rule shall be construed to limit or abridge the power of the Government to require any Government servant to publish and explain any policy or action of the Government in such manner as may appear to them to be expedient or necessary. Explanation II - For Purposes of this rule a club shall be deemed to be a public place. ### 8. Strike etc. (1) No Government servant shall with a view to ventilating his grievance whether such grievance is individual or general in character or for any other reason take to any strike (including hunger strike) from work whether such strike is partial or complete. Explanation - "Strike" means a cessation of work by a person or a body of persons employed in any office acting singly or in combination, or a concerted refusal, under a common understanding of any number of persons who are or have been so employed to continue to work or accept employment. (2) [ No Government servant shall join any procession, demonstration or any other form of agitation which is likely to cause a breach of public tranquillity.] [Substituted vide Notification No. 17124/8.12.1962.] (3) No Government servant shall join the public to ventilate his grievances even such grievances are common with public in a manner which is likely to cause a breach of public tranquillity. ### 9. [ Joining of Associations by Government servants. [Substituted vide Notification No. 1674-Gen./11.2.1974.] - No Government servant shall join or continue to be a member of an association the objects or activities of which are in the opinion of Government prejudicial to the interest of the sovereignty and integrity of India or public order or morality.] ### 9A. [ [Added vide Notification No. 18446-Gen./7.11.1974.] No Government servant shall, without the approval of Government, be or continue to be an office-bearer of a service association of Government servants of a particular category, if he does not belong to that category and he has no common interest in matters of that association.] ### 10. Evidence before committee or any other authority. (1) No Government servant shall, except with the previous sanction of the Government give evidence in connection with any enquiry conducted by any person, committee or authority : Provided that no such sanction shall be necessary for giving evidence- (a) at an enquiry before an authority appointed by the Government of Orissa, by the Government of India, by the Legislature of Orissa or by Parliament, or (b) in any judicial inquiry, or (c) in any Court. (2) No Government servant giving such evidence shall criticise the policy of the Government of Orissa, the Government of India or any other State Government. ### 11. Unauthorised communication of information. - No Government servant shall, except in accordance with any general or special order of the Government or in the performance, in good faith, of the duties assigned to him, communicate directly or indirectly any official document or information to any Government servant or any other person to whom he is not authorised to communicate such document or information. ### 12. Subscription. - No Government servant shall, except with the previous sanction of the Government or of such authority as may be empowered in this behalf, ask for or accept contributions to or otherwise associate himself with the raising of any fund in pursuance of any object whatsoever. ### 13. No Government servant shall, except with the permission of the head of the office or department in which he works, shall apply for any concession, help or loan granted by the Government, if he is likely to deal with such application in his official capacity. The head of the office or department shall before granting such permission satisfy himself that the application is not likely to take other advantage of his office in availing the concession, help or loan. ### 14. Gift. (1) Save as otherwise provided in these rules, no Government servant shall except with the previous sanction of the Government accept or permit any member of his family to accept any gift whatsoever from any person who is not a close relation of the family. Explanation - For the purpose of this sub-rule any trowel, key or other similar articles offered to a Government servant at the laying of the foundation stone or the opening of a public building or any ceremonial function shall be deemed to be a gift. (2) A Government servant may accept or permit any member or his family to accept a gift of a reasonable value from personal friends on ceremonial occasions such as the functions connected with birth, death or marriage when the making or receiving such gifts is in conformity with the prevailing religious or social customs. (3) A Government servant may accept or permit any member of his family to accept gifts of trifling value from personal friends on other occasions. (4) If any question arises whether a gift is of reasonable or trifling value, or where a Government servant is in any doubt whether a gift is of a reasonable or trifling value or not, reference shall be made to the Government by such Government servant and the decision of Government thereon shall be final. Explanation - Whether or not a gist should be treated as of a reasonable or trifling value shall depend on the social and economic standing of both the donor and the donee and the circumstances in which the gift is made. A gift exceeding Rs. 20 in value from a person who is not a close relation shall ordinarily be regarded as a gift not of trifling value. (5) Nothing in this rule shall be deemed to prevent any Government servant sitting at the request of any public body for a portrait, bust or statue, not intended for presentation to him. ### 14A. [ [Inserted vide P. & S. Department Notification No. 9800-Gen., dated the 24th May 1977 w.e.f. 24.5.1977.] No Government servant shall- (i) give or take or abet the giving or taking of dowry; or (ii) demand directly or indirectly from the parents or guardian of a bride or a bridegroom, as the case may be, any dowry.] Explanation - For the purpose of this rule 'Dowry' has the same meaning as in the Dowry Prohibition Act 28 of 1961. ### 15. Public demonstrations in honour of Government servants. - No Government servant shall, except with the previous sanction of the Government, receive any complimentary or valedictory address or accept any testimonial or attend any meeting or entertainment held in his honour or in the honour of any other Government servant : Provided that nothing in this rule shall apply to- (i) a farewell entertainment of a substantially private and informal character held in honour of any Government servant on the occasion of his retirement or transfer or of any person who has recently quitted service of any Government; (ii) the acceptance of simple and inexpensive entertainment arranged by public bodies or institutions. Illustration. - A, a Deputy Collector, is due to retire. B, another Deputy Collector in the district may give a dinner in honour of A, to which select persons are invited. ### 16. Unauthorised pecuniary arrangement. - No Government servant shall enter into any pecuniary arrangement with another Government servant or any other person so as to afford any kind of advantage to either or both of them in any unauthorised manner or against the specific or implied provisions of any rule for the time being in force. ### 17. Private trade or employment. (1) No Government servant shall except with the previous sanction of the Government, engage directly or indirectly in any trade or business or undertake any employment : Provided that a Government servant may, without such sanction undertake honorary work of a social or charitable nature or occasional work, a literary, artistic or scientific character, subject to the following conditions namely : [(i) he shall, within one month of his undertaking any such work report to the Government giving full details ; (ii) his official duties do not thereby suffer ; and (iii) he shall discontinue any such work, if so directed by the Government:] Provided further that, if the undertaking of any such work involves holding of an elective office, he shall not seek election to any such office without the previous sanction of the Government. Explanation - (i) Canvassing by a Government servant in support of the business of insurance agency, commission agency etc., owned or managed by any member of his family shall be deemed to be a breach of this sub-rule. (ii) [ \* \* \*] [Deleted vide Notification No. 15559/Gen., dated 1.7.1980] (2) No Government servant shall, except with the previous sanction of the Government take part in the registration, promotion or management of any Bank or other company registered under the Indian Companies Act, 1956 or any other law for the time being in force : Provided that a Government servant may take part in the registration, promotion or management of a Co-operative Society substantially for the benefit of Government servants or of a literary, scientific or charitable society registered under the Societies Registration Act 21 of 1960 or any corresponding law in force, subject to the following conditions namely : [(i) he shall within one month of his taking part in any such activity, report to the Government giving full details; (ii) his official duties do not thereby suffer ; and (iii) he shall discontinue taking part in any such activities, if so directed by the Government:] Provided further that if taking part in any such activity involves holding of an elective office, he shall not seek election to any such office without the previous sanction of the Government. (3) No Government servant shall hold a lottery, for the disposal of his property or for any other purpose, except with the permission of the Government. (4) A Government servant who is about to quit the station, district or other local limits for which he has been appointed may, without reference to any authority, dispose of his movable property by circulating lists of it among the community generally or by causing it to be sold by public auction. (5) [ Every Government servant shall, if any member of his family is engaged in trade or business or owns or manages an insurance agency or commission agency, report that fact to Government.] [Added vide Notification No. 13647-Gen./5.8.1970.] ### 18. Action in respect of a relation. (1) Where a Government servant submits any proposal or opinion to take any other action, whether for or against any individual related to him, whether the relationship be distant or near he shall with every such proposal, opinion or action, expressly state whether the individual is related to him, and if so related, the nature of the relationship. (2) Where a Government savant has by any law, rule or order in force, power of deciding finally any proposal, opinion or any other action, and that proposal, opinion or action, is in respect of an individual related to him, whether the relationship be distant or near and whether that proposal, opinion or action affects the individual favourably or otherwise, he shall not take a decision but shall submit the case to his superior officer after explaining the reasons and the nature of relationship. ### 19. Investments, lending and borrowing. (1) No Government servant shall speculate in any investment. Explanation - The habitual purchase or sale of securities of a notoriously fluctuating value shall be deemed to be speculation in investments within the meaning of this sub-rule. (2) No Government servant shall make, or permit any member of the family to make any investment likely to embarrass or influence him in the discharge of his official duties and where a Government servant falls to prevent a member of his family from making an investment of this nature, he shall make a report to the effect to the Government forthwith. (3) If any question arises whether a security or investment is of the nature referred to in Sub-rule (1) or Sub-rule (2) the matter shall be referred to the Government or any officer authorised by it in this behalf and the decision of the Government thereon shall be final. (4) No Government servant shall, except with the previous sanction of the Government, lend money to any person possessing land or valuable property within the local limits of his authority, or at interest to any person: Provided that a Government servant may make an advance of pay to a private servant, or give a loan of small amount free of interest to a personal friend or relative, even if such person possesses land within the local limits of his authority. (5) No Government servant shall have in the ordinary courses of business with a Bank or firm of a standing borrow money from, or otherwise place himself under pecuniary obligation to any person within the local limits of his authority not shall he permit any member of his family, except with the previous sanction of the Government to enter into any such transaction: Provided that a Government servant may accept a purely temporary loan of small amount, free of interest, from a personal friend or relative or operate a credit account with a bona fide tradesman. Note-A pecuniary obligation means not only obligation arising out of a cash transaction, but also the acceptance without consideration of any service or facility other than trifling value. (6) When a Government servant is appointed or transferred to a post of such a nature as to involve him in the breach of any of the provisions of Sub-rule (4) or Sub-rule (5) he shall forthwith report the circumstances to the Government, and shall thereafter act in accordance with such orders as may be passed by the Government. ### 20. Insolvency and habitual indebtedness. - A Government servant shall so manage his private affairs as to avoid habitual indebtedness or insolvency. A Government servant, who becomes the subject of a legal proceeding for insolvency, shall forthwith report the full facts to the Government. ### 20A. [ [Inserted vide Notification No. 14811-Gen./27.8.1970.] A Government servant who is arrested due to involvement in criminal proceedings or otherwise shall intimate the facts leading to his arrest immediately to his appointing authority to whom he is subordinate.] [Substituted vide Notification No. 6883-Gen./12.5.1973.] ### 21. Movable, immovable and valuable property. (1) No Government servant shall except with the previous knowledge of the prescribed authority acquire or dispose of any immovable property by lease, mortgage, purchase, sale, gift or otherwise, either in his own name or in the name of any member of his family or a benamidar : Provided that any such transaction conducted otherwise than through a regular or reputed dealer shall require the previous sanction of the prescribed authority : [Provided further that nothing in this sub-rule shall apply in respect of the lease of a house taken by a Government servant for residential purposes.] [Added vide Notification No. 7830 dated 19.4.1968, Orissa Gazette Part III/3.5.1968.] Explanation - The prescribed authority for the purpose of this sub-rule shall be the controlling authority, namely : [(a) in case of all officers the immediate superior authority under whom the officer is serving; (b) in respect of a Government servant on foreign service on deputation to any other department or any other Government, the prescribed authority shall be the immediate superior authority to whom he is administratively subordinate.] Illustration-A Sub-Divisional Officer can give permission to a Tahsildar or any [Grade A or Grade B] [Substituted vide Orissa Gazette No. 41-III-A, dated 2-5.10.1996.] , [Grade C or Grade D] [Substituted vide Orissa Gazette No. 41-III-A, dated 2-5.10.1996.] Officer working under him. Similarly the Tahsildar can permit his subordinate to dispose of or acquire immovable/immovable property. In case of the Department of the Government and Heads of Departments, the Section Officer can permit the staff working under him in this matter. (2) [ The controlling authority while according sanction for acquisition or disposal of property shall also send a copy of such sanction to Government through their Heads of Departments] [Added vide Notification No. 6301/Gen./3.5.1973.] . (3) A Government servant who, [either in his own name or in the name of any member in his family,] [Inserted by G. A. Department Notification No.20470-Gen., dated the 1st July,1989 (w.e.f. 11.8.1989)] enters into any transaction concerning any movable property exceeding in value of [Rs. 4,000] [Substituted vide Orissa Gazette Extraordinary No. 506/30.3.1988.] in case of Grade A or B and [Rs. 2,000] [Substituted vide Orissa Gazette Extraordinary No. 506/30.3.1988.] in case of [Grade C or Grade D] [Substituted vide Orissa Gazette No. 41-III-A, dated 2-5.10.1996.] Officers, whether by way of purchase, sale or otherwise, shall forthwith report such transaction to the prescribed authority referred to in Sub-rule (1) : Provided that no Government servant shall, except with the previous sanction of Government enter [either in his own name or in the name of any member in his family,] [Inserted by G. A. Department Notification No.20470-Gen., dated the 1st July,1989 (w.e.f. 11.8.1989)] into any transaction with or through any person other than a reputed dealer or agent of standing. Explanation-For the purpose of this sub-rule, the expression "movable property" includes inter alia, the following property, namely : (a) jewellery, insurance policies, shares, securities and debentures; (b) loans advanced by such Government servant, whether secured or not; (c) motor cars, motor cycles, horses or any other means of conveyance. (d) refrigerators, radios and radiograms. (4) Every Government servant is required to make a true and complete declaration before the end of January at an interval of every three years of all his assets movable and immovable and the value thereof as on the 31st December of the previous year in the form given in the Appendix 'A'. The declaration shall contain detailed particulars of the officer's assets and must include and specify the assets which are held by or in the name of his wife, children, other dependents or benamidars. The declaration shall be written by the officer in his own hand and submitted in a sealed cover to the authority as directed by the Government and such authority shall be responsible for its careful preservations. [It shall be obligatory on the part of the Government servants to submit the declarations in every three years and in the event of their failure to do so in time they shall be liable to disciplinary action. An officer making a declaration found to be materially incomplete, misleading or false shall be liable for disciplinary action and even for dismissal from Government service.] [Substituted vide Notification No. 6301-Gen./3.5.1973.] [Note - (1) The Secretary to Government in the Administrative Department in the case of [Grade A or Grade B] [Substituted vide Orissa Gazette Part III/1969-Notification No. 1389-Gen./21.1.1969.] Officers and the Heads of Departments or Heads of Offices in case of [Grade C or Grade D] [Substituted vide Orissa Gazette No. 41-III-A, dated 25.10.1996.] Officers shall be the authority to whom the declarations are to be submitted. The Chief Secretary to Government in case of Secretary to Government and Heads of Departments, shall be the authority to whom the declarations are to be submitted. The Political and Services Department shall act as the Co-ordinating Department in regards to the matter. [Judicial Officers shall submit their property statements to the High Court for preservation.] [Added vide Notification No.6301-Gen./3.5.1973.] ] Note - (2) Officers who are on deputation or transferred temporarily to another cadre shall submit their property statements to their authority in the parent cadre in which they are borne or retain a lieu. On their permanent transfer to another cadre or department all sealed covers containing their statements shall be transmitted to the appropriate authority in their new cadre or departments competent to preserve them. Note - (3) In case of Government servants newly appointed to Government service, they should declare their assets as on the date of appointment within three months from that date. They will make subsequent declaration along with orders after the normal triennial period, notwithstanding the fact that three years will not have elapsed since the submission of their first declaration. Note - (4) The first declaration shall be made by a Government servant in respect of all his assets, both movable and immovable and subsequent declaration need only specify modification required in the statement of the previous occasion, showing in detail the manner of fresh acquisition or disposal of property acquired previously. [Note - (5) Notwithstanding anything contained in this sub-rule, every Government servant, after his/her marriage, shall make a true and complete declaration of his/her assets afresh in the prescribed form within three months of marriage.] [Inserted vide Orissa Gazette Extraordinary No. 38/22-9-1995-Notification No. 19267-2-R/1-81/ 94 (Part-I)-Gen./31.8.1995.] [Note - (6) ] [Re-numbered vide Orissa Gazette Extraordinary No. 38/22-9-1995-Notification No. 19267-2-R/1-81/ 94 (Part-I)-Gen./31.8.1995.] The [Grade D] [Substituted vide Orissa Gazette No. 41-III-A, dated 25.10.1996.] Government servants shall not be required to submit declaration under this sub-rule. ### 22. Vindication of acts and character of Government servants. - No Government servant shall except with previous sanction of Government have recourse to any Court or to the Press for the vindication of any official act which has been the subject-matter of adverse criticism or an attack of defamatory character. Explanation - Nothing in this rule shall be deemed to prohibit a Government servant from vindicating his private character or any act done by him in his private capacity. ### 23. Canvassing of non-official or other outside influence. - No Government servant shall bring or attempt to bring any influence whether official or nonofficial to bear upon any authority to further his interests in respect of matters pertaining to his appointment under Government promotion, pay and other service condition. Explanation - Intermission by an outsider on behalf of an officer shall be deemed as an attempt on the part of the officer to bring extraneous influence for furthering his official interests. ### 24. [ Bigamous marriages. [Substituted by P. & S. Department Notification No.16637-Gen., dated the 30th September, 1974.] (1) No Government servant shall enter into, or contract a marriage with a person having a spouse living; and (2) No Government servant having a spouse living shall enter into a contract a marriage with any person ; Provided that the Government may permit a Government servant to enter into or contract may such marriage as is referred to in Clause (1) or Clause (2) if they are satisfied that - (a) such marriage is permissible under the personal law applicable to such Government servant and the other party to the marriage; and (b) there are other grounds for so doing.] ### 24A. [ Drinking. [Substituted by P. & S. Department Notification No.12852-Gen., dated the 16th July, 1975.] - A Government servant shall - (a) strictly abide by any law relating to intoxicating drinks or drugs in force in any area in which he may happen to be for the time being; (b) riot be under influence of any intoxicating drink or drugs during the course of his duty and shall also take due care that the performance of his duties at any time is not affected in any way by the influence of such drink or drug during the course of his duties at any time is not affected in any way by the influence of such drink or drug; (c) refrain from consuming any intoxicating drink or drug in a public place; (d) not appear in a public place in a state of intoxication; (e) not use any intoxicating drink or drug to excess. Explanation - For the purpose of this rule "public place" means any place or premises (including a conveyance to which the public have or are permitted to have access, whether on payment or otherwise.] [Substituted vide Notification No.6301-Gen. 13.5.1973.] ### 25. [ Employment of Government servant outside his formal duties. [Original Rule 25 deleted and Rules 26 to 35 re-numbered as Rules 25 to 34 vide P. & S. Department Notification No.2R/1-18/60-4386-Gen., dated the 16th April, 1960, published in Orissa Gazette Part-III, page-385 of 1960.] - A Government servant whose whole time is at the disposal of the Government which pays him may be employed in any manner required by the appropriate authority. For all his actions in such employment whether it is paid or honorary or whether it is under Government or under any other public or private body or institution, he shall be held responsible to Government irrespective of the fact whether such employment is outside the normal duties of the post he holds at the time under Government.] [Substituted vide Notification No. 6883-Gen./12.5.1973.] Note - The appropriate authority with reference to this rule shall be in case of Government servants belonging to a State service, the Government and in other cases the Head of the Department. ### 26. Proper use of amenities. - No Government servant shall misuse or carelessly use amenities provided for him by the Government to facilitate the discharge of his public duties. Note - Violation of non-compliance with the instruction contained in Transport Department Circular No. 1004(18) T-TAR-106-69, dated the 21st February, 1959. (See Appendix 'B') will amount to misuse of amenity for the purpose of Rule 27. ### 27. Payment for purchase. - Unless payment by instalments is customary, or specially provided or a credit account is maintained with a bona fide tradesman, no Government servant shall without prompt and full payment for the article purchased by him whether the purchases are made on tour or otherwise. ### 28. Use of service without payment. - No Government servant shall without making proper and adequate payment, avail himself of any service or entertainment for which a hire or price or admission fee is charged. Note-The prohibitions will not apply to occasional and unsolicited complimentary passes issued by the proprietors or managers of the service or entertainment. ### 29. Use of conveyances belonging to others. - No Government servant shall, save in exceptional circumstances, use a conveyance belonging to a private person except when such conveyance is a Public service vehicle and proper fare has been paid for its use, or use a conveyance belonging to a Government servant who is subordinate to him unless he travels with such subordinate officer on duty. Note - The onus of establishing exceptional circumstances and payment of proper fare shall rest on the Government servant. ### 30. Purchase through subordinates. - No Government servant shall himself ask or permit his wife, or any other member of his family living with him, to ask any Government servant who is subordinate to him, to make purchases, locally or from out-station on behalf of him, his wife or other member of his family, whether on advance payment or otherwise : Provided that this rule shall not apply to the purchases which the personal staff attached to the Government servant may make on behalf of such Government servants. ### 30A. [ [Inserted vide Orissa Gazette No. 41/III-A, dated 25.10.1996.] (1) Every Government servant shall intimate his residential and postal address and changes, if any, to the Head of Office/Department. (2) It shall be the duty of the Government servant to make adequate arrangement for receipt of letters addressed to him at his residential address during his absence. Any letter sent by special messenger or service effected by properly addressing, prepaying and posting by registered post, in the address intimated by him shall be deemed to have been duly delivered or served to him, if the letter returns with the postal remark, that the addressee refused to receive the letter or that the addressee is not found or otherwise not available, or any other similar endorsement or he refuses to receive any letter sent by special messenger, such omission, lapse or commission or conduct, as the case may be on the part of Government servant shall be treated as gross misconduct.] ### 30B. [ Engagement of child labourer. [Inserted vide Orissa Gazette No. 37-III-A, S.R.O.No.33642-2R/1-13/2000, dated 27.10.2000.] - No child below the age of fourteen years shall be employed to work by any Government Servant.] ### 31. Relaxation. - Government may relax all or some of the provisions contained here in respect of such Government servants particularly part-time and contingency paid Government servants as they may deem fit. ### 32. Interpretation. - If any question arises relating to the interpretation of any of these rules, it shall be referred to the Government whose decision thereon shall be final. ### 33. Delegation of powers. - The Government may, by general or special order, direct that any power exercisable by it or any Head of Department under these rules, (except the power under Rule 21 and this rule) shall subject to such condition, if any, as may be specified in the order. ### 34. Repeat and saving. - Any rules corresponding to the rules in force immediately before the commencement of these rules and applicable to Government servant under the control of the Government of Orissa are hereby repealed : [Provided that an order made or action taken under the rules so repealed or any violation thereof shall be deemed to have been made or taken under or to be a violation of the corresponding provisions of these rules.] [Substituted by P. & S. Notification No. Codes-2/61-14875-Gen., dated the 8th December, 1961-Orissa Gazettee Part-III, page 1712 of 1961.] Appendix-A Form Name (in full) of officer .......................... Designation ..................................... Pay.............................................. A. Immovable property (1) Lands | | | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | --- | --- | | Sl. No. | Precise location | Area | Nature of land | Extent of interest | Value | In whose name (self, wife, child, dependant, other relation or benamidar) the asset is or was | Date and manner of acquisition or disposal | Remarks | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | | | | | | | | | | | (2) Houses | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | | Sl. No. | Precise location | Extent of interest | Value | In whose name (self, wife, child, dependant, other relation or benamidar) the asset is or was | Date and manner of acquisition or disposal | Remarks | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | | | | | | | | | (3) Immovable properties and other description(including mortgages and such other rights) | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | | Sl. No. | Brief description | Extent of interest | Value | In whose name (self, wife, child, dependant, other relation or benamidar) the asset is or was | Date and manner of acquisition or disposal | Remarks | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | | | | | | | | | B. Movable property (1) Cash, Bank Balance, Credit, Insurance Policies, Shares, Debentures, etc. | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | | Sl. No. | Description of items | Value | In whose name (self, wife, child, dependant, other relation or benamidar) the asset is or was | Date and manner of acquisition or disposal | Loans that may have been given to others | Remarks | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | | | | | | | | | (2) Other movable (including jewellery and other valuables, motor vehicles, refrigerators and other articles or materials of value of Rs. 50 and over for each item in respect of [Grade A or Grade B] [Substituted vide Orissa Gazette No. 41/III-A, dated 25.10.1996.] Officers and Rs. 200 and over for each item in respect of [Grade C or Grade D] [Substituted vide Orissa Gazette No. 41/III-A, dated 25.10.1996.] Officers). | | | | | | | | --- | --- | --- | --- | --- | --- | | Sl. No. | Description of items | Value | In whose name (self, wife, child, dependant, other relation or benamidar) the asset is or was | Date and manner of acquisition or disposal | Remarks | | 1 | 2 | 3 | 4 | 5 | 6 | | | | | | | | I have hereby declare that the declaration made above is complete, true and correct to the best of my knowledge and belief. Date.................. Signature.............................. Note - (1) The categories noted in brackets in above heads are only illustrative and not meant to be exhaustive. In case of jewelleries and ornaments their total weight in tolas and their cash value should be given in Column 3 of Form 'ET' (2). Note - (2) In filling the form, endeavour should be made to provide Government with as complete a picture as possible of the Government servants' assets, no assets of appreciable value should be omitted by reason of any literal interpretation of the directions given. Appendix-B Copy of Government of Orissa, Transport Department Memo No. 1004-(18) -TAR-106/59, dated the 21st February, 1959 addressed to all Departments of Government. Subject - Driving of Government-owned vehicles The undersigned is directed to say that the State Government had decided that vehicles owned by Government need not be insured compulsorily against third party risks. A copy of the Press Note issued by Government in this connection was forwarded to all departments of Government and all Heads of the Departments under the defunct, Supply and Transport Department Memo No. 34662-(104) S.T. dated the 1st September, 1949. This however did not absolve the State Government from liability in respect of death, bodily injury or damage to property etc. caused by Government vehicles. The claims arising out of any accident in which Government vehicles are involved have to be preferred against the department which is in the administrative charge of the particular vehicle. The State Government have accepted the legal liabilities of paying compensation arising out of accidents in which Government vehicles are involved and in accordance with the provision of Section 110 of the Motor Vehicles Act, 1939 as amended, Claims Tribunals have been constituted to settle all claims arising out of such accidents. Government cannot take any legal stand in such Tribunals if vehicles are driven by persons other than those appointed for the purpose. So Government have been pleased to order that, hereafter Government vehicles provided to department or to quasi-Government Organisation should be driven only by drivers appointed for the purpose. Where, however, due to temporary absence of a driver it becomes necessary in the interest of Government work for the vehicle to be driven by any other person, having a valid driving licence, written permission of the immediate higher authority concerned should be obtained. It should be made clear that in claims put forward before the Claims Tribunal in cases of violation of the above rules, if Government are made liable to pay any compensation in pursuance of the award, the same shall be recovered from the officer driving the vehicle in addition to other action which may be taken against him. A copy of this letter is being sent to all Heads of Departments. Receipt of this letter may be acknowledged.

65baafd4ab84c7eca86ec579

acts

State of Gujarat - Act ------------------------ The Gujarat Warehouses Act, 2006 ---------------------------------- GUJARAT India The Gujarat Warehouses Act, 2006 ================================== Act 15 of 2006 ---------------- * Published on 31 March 2006 * Commenced on 31 March 2006 The Gujarat Warehouses Act, 2006 Gujarat Act No. 15 of 2006 (First published after having received the assent of the Governor in the "Gujarat Government Gazette", on the 31st March, 2006). An Act to provide for the regulation of the Warehousing of certain goods in the State of Gujarat. It is hereby enacted in the Fifty-seventh Year of the Republic of India as follows: - Chapter I Preliminary -------------------------- ### 1. Short title and extent. (1) This Act may be called the Gujarat Warehouses Act, 2006. (2) It extends to the whole of the State of Gujarat. ### 2. Definitions. (1) In this Act, unless the context otherwise requires,- (a) "co-operative society" means a society registered or deemed to be registered under the provisions of the Gujarat Co-operative Societies Act, 1961 (Gujarat X of 1962) or any corresponding law in force in any part of the State of Gujarat; (b) "depositor" means a person who deposits goods with a warehouseman for storing in his warehouse, and includes any person who lawfully holds the receipt issued by the warehouseman in respect of the goods and derives title thereto by endorsement or transfer from the depositor or his lawful transferee; (c) "goods" means any of the articles specified in the Schedule appended to this Act; (d) "licence" means a licence granted under section 4, or renewed under section 6; (e) "person" includes a firm and any company or association or body of individuals, whether incorporated or not; (f) "prescribed" means prescribed by rules; (g) "prescribed authority" means the authority empowered by the State Government to carry out the duties under this Act; (h) "receipt" means a warehouse receipt, issued in the prescribed form, by a warehouseman to a depositor depositing goods in a warehouse; (i) "rules" means rules made or deemed to have been made under this Act; (j) "warehouse" means any building, structure or other protected enclosure which is used or may be used for the purpose of storing goods on behalf of depositors, but does not include cloak rooms attached to hotels, railway stations, the premises of other public carriers and the like; (k) "warehouseman" means a person who has obtained a licence under this Act for the purpose of carrying on his business of warehousing. Chapter II Licensing of Business of Warehousing ---------------------------------------------------- ### 3. Prohibition of carrying on business of warehousing without license. - Subject to the provisions of section 11, no person shall carry on the business of warehousing, or represent or hold himself out as carrying on the business of warehousing, except under and in accordance with the terms and conditions of a licence granted under this Act. ### 4. Application for and grant of licence. (1) A person may make an application to the prescribed authority for the grant of licence for carrying on the business of warehousing. (2) Every application made under sub-section (1) shall be in such form, contain such particulars and accompanied by such fees, as may be prescribed. (3) On receipt of such application, the prescribed authority may, on payment of the prescribed fee, grant a licence to such person for the conduct of his business of warehousing in accordance with the terms and conditions of the licence, and the provisions of this Act and the rules made thereunder. ### 5. Terms and conditions for grant of licence. - Before granting a licence, the prescribed authority shall satisfy itself - (a) that the warehouses in which it is proposed to store goods are suitable for storing the particular goods, or the class or classes of goods which it is intended to store therein; (b) that the applicant is competent to conduct such warehouses; (c) that the applicant furnishes to the prescribed authority such security, in such manner, as may be prescribed: Provided that where the applicant is a corporation established under the Warehousing Corporations Act, 1962 (58 of 1962), or the National Co-operative Development Corporation Act, 1962 (26 of 1962), no such security shall be required; (d) that the applicant fulfils other conditions which the State Government may, by notification in the Official Gazette, specify in this behalf; and (e) that there is no other cause or reason for which the applicant may, in the opinion of the prescribed authority, be deemed to be disqualified for a licence. ### 6. Duration and renewal of licence granted under section 4. (1) Every licence granted under section 4 shall be valid for such period as may be prescribed. (2) A licence may be renewed on an application made by the warehouseman in that behalf to the prescribed authority in such form and accompanied by such fee as may be prescribed. ### 7. Notice of refusal to grant or renew licence. - If the prescribed authority refuses to grant or renew a licence, it shall record its reasons therefor in writing, and communicate a copy of its order to the applicant. ### 8. Licence when to be revoked. - Every licence shall be liable to be revoked by the prescribed authority for reasons to be recorded in writing in the order of revocation and in particular, a licence shall be liable to be revoked, if the warehouseman- (a) has applied to be adjudicated, or has been adjudicated an insolvent; or (b) has parted in whole or in part with his control over the warehouses in respect of which he is licensed; or (c) has ceased to conduct such warehouses; or (d) has made unreasonable charges for services rendered by him; or (e) has in any manner become incompetent to conduct the business of a warehouseman; or (f) has contravened any of the terms or conditions of the licence or any of the provisions of this Act or the rules made thereunder, or any other conditions which the State Government has, by notification in the Official Gazette, specified under section 5. ### 9. Notice to be given before revocation of licence, and suspension of licence. (1) Before revoking a licence, the prescribed authority shall give notice to the warehouseman specifying the charges against him and calling upon him to show cause why the licence should not be revoked. (2) After considering the explanation, if any, offered by the warehouseman, the prescribed authority may revoke the licence, or pass such orders as it deems just and proper. (3) The prescribed authority may suspend the licence of a warehouseman pending decision on the enquiry referred to in sub-sections (1) and (2). (4) If a licence is suspended or revoked, the prescribed authority shall make an entry to that effect in the licence. ### 10. Appeal and revision. (1) An appeal against any order of the prescribed authority refusing to grant or renew a licence, or suspending or revoking any licence of a warehouseman shall be made to the Registrar of Co-operative Societies within sixty days from the date of such order. (2) On receipt of an appeal under sub-section (1), the Registrar shall, after giving the warehouseman and the prescribed authority an opportunity of being heard, pass such order thereon as he thinks fit. (3) The State Government may at any time call for and examine the record of any proceedings before the prescribed authority or the Registrar relating to the suspension or revocation of, or the refusal to grant or renew, a licence, for the purpose of satisfying itself as to the correctness, legality or propriety of any order passed therein, and as to the regularity of such proceedings, and may either annul, reverse, modify or confirm such order, or pass such other order as it may deem just. (4) Every order passed by the prescribed authority under section 9, subject to appeal or revision as provided in this section, and every order passed by the Registrar in appeal, subject to such revision, and every order passed by the State Government in revision, shall be final and shall not be questioned in any court of law. ### 11. Return of licence. (1) During the period a licence is suspended, a warehouseman shall not carry on the business of warehousing; and when a licence expires and is not renewed, or is revoked, a warehouseman shall cease to carry on his business of warehousing, and shall return the licence to the prescribed authority. (2) Where a licence expires and is not renewed, or where it is revoked, the prescribed authority shall give to the warehouseman such reasonable time thereafter as it thinks fit to wind up his business, and notwithstanding anything contained in section 3, the warehouseman may carry on his business of warehousing during the said period, and may do all things necessary for winding up such business. ### 12. Duplicate licence. - Where a licence granted to a warehouseman is lost, destroyed, torn, defaced or otherwise becomes illegible, the prescribed authority shall, on an application made in that behalf by the warehouseman and on payment of the prescribed fee, issue a duplicate thereof. Chapter III Duties of A Warehouseman ----------------------------------------- ### 13. Reasonable care of goods stored. - Every warehouseman shall take such care of the goods deposited with him as a man of ordinary prudence would take of his own goods under similar circumstances and conditions. ### 14. Precautions against damage or injury to goods. (1) Every warehouseman shall keep his warehouse clean and free from damp, take all necessary precautions against rats and other pests, and fulfill such other conditions as may be prescribed in this behalf. (2) No warehouseman shall accept for deposit in his warehouse, goods which are contaminated or infected by worms and pests, and which are likely to cause damage to other goods which are or which may be deposited in the warehouse. ### 15. Preservation of identity of goods. (1) In order to permit at all times, the identification of the goods deposited in a warehouse, and easy delivery therefrom, every warehouseman shall keep in his warehouse the goods of one depositor separate from the goods of other depositors, and also the goods of the same depositor separate from his other goods for which a separate receipt has been issued: Provided that where standardised and graded goods are stored in a warehouse, subject to any agreement between the warehouseman and depositor the same variety of goods belonging to different depositors may be mingled together by the warehouseman, and each depositor will be entitled only to his portion of the goods according to weight or quantity as the case may be, as shown in his receipt. ### 16. Goods deteriorating in warehouse and their disposal. (1) Whenever from causes beyond the control of the warehouseman, goods stored in a warehouse deteriorate or are about to deteriorate, the warehouseman shall forthwith give notice thereof to the depositor asking him to take delivery of the goods immediately on surrendering the receipt duly discharged, and on payment of all dues. If the depositor does not comply with the notice within a reasonable time, the warehouseman may cause such goods to be removed from his warehouse, and sold by public auction at the cost and risk of the depositor. (2) Any person interested in any goods, or the receipt covering such goods, stored in a warehouse may, in writing inform the warehouseman of the fact and the nature of his interest, and the warehouseman shall keep a record thereof. If such person requests in writing that intimation be given to him regarding the condition of the goods and agrees to pay the charges for giving such intimation, the warehouseman shall give him intimation accordingly. ### 17. Delivery of goods. - Every warehouseman in the absence of any reasonable or lawful excuse, shall, without unnecessary delay, deliver the goods stored in his warehouse to the depositor on demand made by him and on surrender of the receipt duly discharged, and on payment of all the charges due to the warehouseman. Subject to any agreement between the warehouseman and the depositor, the depositor may take partial delivery of the goods stored in the warehouse. ### 18. Warehouseman not entitled to excess nor responsible for shortage of goods. (1) If there be any excess in the goods stored in a warehouse by absorption of moisture or on account of other causes, the warehouseman shall not be entitled to the same. (2) If for any cause beyond the control of the warehouseman, there be any shortage in such goods by damage or other causes, the warehouseman shall not be responsible for the same. (3) In the event of any dispute arising as to whether such excess or shortage is due to absorption of moisture or driage, or is due to other causes, beyond the control of the warehouseman, the matter shall be referred to the Registrar of Co-operative Societies or any other officer appointed by the State Government in this behalf, and the decision of the Registrar or other officer shall be final. ### 19. Accounts, books, etc. to be maintained by warehouse man. - Every warehouseman shall maintain such accounts, books and records, in such form and in such manner, as may be prescribed. ### 20. Insurance of goods in warehouses. (1) Every warehouseman shall insure, in such manner as may be prescribed, the goods in his warehouse against loss or damage by fire or burglary. On a written request from a depositor and on his agreeing to pay the requisite charges for additional insurance, the warehouseman may insure such goods also against loss or damage by flood, riot, civil commotion or any other contingency. (2) Every warehouseman shall be entitled to recover from the depositor, at the rate prescribed if the insurance is obligatory, or at the rate agreed to if the insurance is optional, the charges for insurance in respect of the depositor's goods before delivery thereof, and the warehouseman shall have a lien on the said goods in respect of such charges. ### 21. Discrimination prohibited. - Every warehouseman shall receive for storage in his warehouse, so far as its capacity permits, any goods of the kind customarily stored by him therein, which may be tendered to him in a suitable condition for storing in the usual manner in the ordinary and usual course of business without making any discrimination between persons desiring to avail themselves of the facilities of his warehouse: Provided that a warehouseman may grant such concessions to a co-operative society as may be prescribed. ### 22. Warehouseman, other than co-operative society, etc. not to lend money against goods in warehouses. - Notwithstanding anything contained in any law, no warehouseman other than a co-operative society or a corporation established under the Warehousing Corporations Act, 1962 (58 of 1962), or the National Co-operative Development Corporation Act, 1962 (26 of 1962), shall, either on his own account or that of others, deal in, or lend money on goods which he receives for storage in his warehouse. Chapter IV Inspection and Grading of Goods ----------------------------------------------- ### 23. Inspection. - For the purpose of satisfying itself that the requirements of this Act and the rules made thereunder are duly complied with, the prescribed authority may at any time during business hours, inspect or cause to be inspected, or examine or cause to be examined, any warehouse in respect of which a licence is granted, the machinery or equipment thereof, the goods stored therein, and the account, books and records relating thereto. ### 24. Licensed weighers, samplers and graders. (1) On an application made to it in the prescribed manner and on payment of the prescribed fee, the prescribed authority may issue licences to persons possessing the prescribed qualifications, entitling them to act as weighers, samplers or graders of any goods deposited or to be deposited in a warehouse, and to issue certificates as to the weight, bulk, quality or grade of the goods which they have examined. (2) The certificates issued by weighters, samplers or graders as to weight, quality or grade of the goods stored in the warehouse shall, subject to any order in appeal preferred by either of them to the Board of Arbitrators, be binding on the warehouseman and depositor. (3) The prescribed authority may appoint a Board of Arbitrators to decide complaints against weighers, samplers, or graders or warehouseman relating to weight, quality or grade of the goods stored in a warehouse. The decision of the Board of Arbitrators shall be final and shall not be liable to be questioned in any court of law. ### 25. Duration and renewal of licence granted under section 24. - Every licence granted to a weigher, sampler or grader under section 24 shall be valid for the prescribed period and may, on the expiry of such period be renewed, from time to time, for a further period by the Prescribed Authority on an application made in that behalf and on payment of the prescribed fee. ### 26. Suspension of revocation of licence. - Subject to rules made in this behalf, every licence granted to a weigher, sampler or grader shall for adequate reasons which shall be recorded in writing, be liable to be suspended or revoked by the prescribed authority. Before revoking a licence the prescribed authority shall communicate to the licensee the grounds on which it is proposed to take action, and shall give him a reasonable opportunity of showing cause against it. ### 27. Return of Licenses. - Whenever a licence granted to a weigher, sampler or graders, expires, or is revoked, he shall return it to the prescribed authority. ### 28. Prohibition of unlicensed weighers, samplers and graders. - No person who is not licensed under this Chapter shall work as, or hold himself out as, a weigher, sampler or grader. ### 29. Duplicate licence. - Where a licence granted to a weigher, sampler or grader is lost, destroyed, torn, defaced or otherwise becomes illegible, the prescribed authority shall issue a duplicate thereof on an application made in that behalf by the weigher, sampler or grader, as the case may be, and on payment of the prescribed fee. ### 30. Facilities, weighing, sampling and grading. - Every warehouseman shall provide reasonable facilities for weighing, sampling and grading any goods deposited in his warehouse. Chapter V Warehouse Receipts --------------------------------- ### 31. Issue of receipt. - Every warehouseman shall, at the time when goods are received by him for deposit in a warehouse, issue a receipt in the prescribed form, containing full particulars in respect of the goods stored in his warehouse by each depositor. ### 32. Receipt transferable by endorsement. - A receipt issued by a warehouseman shall, unless otherwise specified on the receipt, be transferable by endorsement, and shall entitle its lawful holder to receive the goods specified in it on the same terms and conditions on which the person who originally deposited the goods would have been entitled to receive them. ### 33. Duplicate receipt. - If a receipt issued under section 31 is lost, destroyed, torn, defaced, damaged or otherwise becomes illegible, a warehouseman shall on an application made by the depositor and on payment by him of the prescribed fee, issue a duplicate receipt on such conditions as he may think fit to impose, being conditions made by rules prescribed for the purpose. Chapter VI Miscellaneous ----------------------------- ### 34. Security amount to be forfeited and recovered as arrears of land revenue. (1) If a warehouseman fails to comply with, or contravenes any of the terms or conditions of his licence or of any provision of this Act, then, without prejudice to any other penalty to which he may be subject, the amount of security deposited by him under a bond executed by him under the provisions of this Act shall be liable to be forfeited, and the amount due under such bond shall be recoverable from him, or from his sureties or their heirs or legal representatives, as an arrears of land revenue. (2) The State Government may make payment out of the amount so forfeited or recovered, to any person who may have sustained loss by reason of the warehouseman failing to comply with, or acting in contravention of, any provision of this Act. ### 35. Penalty. (1) Whoever, fails to comply with, or acts in contravention of any provisions of this Act shall be deemed to commit an offence under this Act, and shall on conviction be punished- (a) in the case of a contravention of the provisions of section 3 or 22, with simple imprisonment which may extend to six months, or with fine which may extend to one thousand rupees, or with both; (b) in any other case with fine which may extend to one thousand rupees. (2) If the person committing an offence under this Act is a company, every person who at the time the offence was committed was in charge of and was responsible to the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence, and shall be liable to be proceeded against and punished accordingly: Provided that nothing in this sub-section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge, or that he exercised all due diligence to prevent the commission of such offence. (3) Notwithstanding anything contained in sub-section (2), where an offence under this Act is committed by a company and it is proved that the offence is committed with the consent or connivance or is attributable to any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation 1. - For the purposes of sub-sections (2) and (3)- (a) "company" means any body corporate and includes a firm or other association of individuals; and (b) "director" in relation to a firm means a partner in the firm. Explanation 2. - The provisions of sub-section (2) , in so far as they apply to persons who at the time of the offence were in charge of or were responsible to the company for the conduct of the business thereof, shall not apply to any such persons in charge of or responsible to a corporation established under the Warehousing Corporations Act, 1962 (58 of 1962), or the National Co-operative Development Corporation Act, 1962 (26 of 1962). ### 36. No compensation for suspension or cancellation of licence. - Where any licence is suspended or revoked under this Act, no person shall be entitled to any compensation or the refund of any fee paid in respect thereof. ### 37. Contracts and agreements inconsistent with Act to be void. - Every contract or agreement which is inconsistent with the provisions of this Act, or the rules made thereunder shall, to the extent of such inconsistency, be void. ### 38. Power of State Government to delegate its powers. - The State Government may delegate to any officer or authority subordinate to it any of the powers conferred on it by or under this Act. ### 39. Power of State Government to amend Schedule. - The State Government may, by notification in the Official Gazette, add to, amend or omit any of the entries in the Schedule. ### 40. Power of State Government to exempt warehouses. - The State Government may, by notification in the Official Gazette, exempt any class of warehouses from all or any of the provisions of this Act. ### 41. Power to make rules. (1) The State Government may, by notification in the Official Gazette, make rules for carrying into effect the purposes of this Act. (2) In particular, but without prejudice to the generality of the foregoing provision, such rules may provide for the following matters, namely:- (i) the Authority empowered to carry out the duties under this Act; (ii) the form of receipt under clause (h) of section 2; (iii) the form of application and the fee for taking out a licence under section 4, for its renewal under section 6 and for the issue of duplicate licence under section 12; (iv) the terms and conditions of a licence in accordance with which the business of a warehouseman shall be conducted under section 3 and the period for which the licence shall be valid under section 6; (v) the amount of security and the manner of furnishing the same (including the form of bond) under clause (c) of section 5; (vi) the conditions on or under which a duplicate of a licence may be issued; (vii) the conditions (including disinfection of warehouses and the goods stored therein) which a warehouseman shall fulfil under sub-section (1) of section 14; (viii) the books, accounts and records to be kept and maintained under section 19; (ix) the manner in which goods deposited in a warehouse shall be insured under sub-section (1) of section 20; (x) the rates at which charges for insurance shall be recoverable under subsection (2) of section 20; (xi) the concessions which may be granted by a warehouseman to a cooperative society under section 21; (xii) the qualifications of, and grant of licences to weighers, samplers and graders, the form of application for licences, the fee payable in respect of them, and the period for which the licences may be granted to them, the form of certificates to be issued by them, the renewal of their licences, the conditions on which duplicate licences may be issued, and the conditions under which the licences may be suspended or revoked for the purposes of sections 24, 25, 26 and 29; (xiii) the form for the issue of a receipt under section 31 and the fee to be paid for the issue of a duplicate receipt and the conditions under which the duplicate receipt may be issued under section 33; (xiv) the publication of the grant, suspension and revocation of licences and the list of warehouseman and their warehouses; (xv) the charges to be made by a warehouseman for storing goods in his warehouses; (xvi) the manner of giving notices under this Act; (xvii) the manner of conducting a public auction for the sale of goods deteriorating or which are about to deteriorate in a warehouse and accounting for the proceeds of such sale by a warehouseman; (xviii) the classification of goods stored by a warehouseman; (xix) the standard weights, measures and gradation of goods, to be used in a warehouse; (xx) the procedure to be followed in proceedings before the Board of Arbitrators and the mode of executing their awards; (xxi) generally for the efficient conduct of the business of a warehouseman; (xxii) any other matter which is to be, or may be, prescribed. (3) In making rules under this section, the State Government may provide that any person failing to comply with or contravening the provisions of any rules shall, on conviction, be punished with fine which may extend to one hundred rupees. (4) The power to make rules under this section shall be subject to the condition of previous publication in the Official Gazette. (5) All rules made under this section shall be laid for not less than thirty days before the State Legislature as soon as possible after they are made, and shall be subject to rescission by the State Legislature or to such modifications as the Legislature may make during the session in which they are so laid, or the session immediately following. (6) Any rescission or modifications so made by the State Legislature shall be published in the Official Gazette, and shall thereupon take effect. ### 42. Repeal and savings. (1) On the commencement of this Act, the Bombay Warehouses Act, 1959 (Bombay V of 1960) in its application to the State of Gujarat shall stand repealed. (2) Notwithstanding such repeal of the said Act, anything done or any action taken (including any rule or order made, notification issued or appointment made) by or under that Act shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken by or under this Act and shall continue to be in force until superseded by anything done or any action taken under the provisions of this Act. ### 43. Act not to apply to warehouses under Customs Act, 1962, etc. (1) Nothing in this Act shall apply to a warehouse appointed or licensed under the Central Excise and Salt Act, 1944 (1 of 1944) or the Customs Act, 1962 (52 of 1962) or any law corresponding thereto or to a warehouse belonging to or appointed by the Trustees of the Port of Gujarat. Schedule ---------- [See Section 2(C) ] ### 1. Fibres. - (1) Cotton (ginned and unginned). (2) Raw Jute. ### 2. Food-stuffs including edible oils. ### 3. Oil-seeds. ### 4. Tobacco. ### 5. Gul. ### 6. Vegetable oils. ### 7. Cattle-fodder including oil-cakes and other concentrates. ### 8. Seeds. ### 9. Manures. ### 10. Fertilizers. ### 11. Agricultural implements.

65b9e18eab84c7eca86ea2ba

acts

State of Assam - Act ---------------------- Assam Financial Corporation (Payment of Gratuity of Employees) Regulations, 1964 ---------------------------------------------------------------------------------- ASSAM India Assam Financial Corporation (Payment of Gratuity of Employees) Regulations, 1964 ================================================================================== Rule ASSAM-FINANCIAL-CORPORATION-PAYMENT-OF-GRATUITY-OF-EMPLOYEES-REGULATIONS-1964 of 1964 -------------------------------------------------------------------------------------------- * Published on 1 January 1964 * Commenced on 1 January 1964 Assam Financial Corporation (Payment of Gratuity of Employees) Regulations, 1964 Published vide Notification No. SG 1125/64 Last Updated 12th February, 2020 Notification No. SG 1125/64. - In exercise of the powers conferred by Section 48 of the State Financial Corporations Act, 1951 (63 of 1951), the Board of Directors of the Assam Financial Corporation, after consultation with the Reserve Bank of India and with the previous sanction of the Government of Assam, hereby makes the following Regulations namely :- ### 1. Short title. - These Regulations may be called the Assam Financial Corporation (Payment of Gratuity of Employees) Regulations, 1964. ### 2. Application. - (i) These Regulations shall apply to every whole-time permanent employee of the Corporation. (ii) Nothing in these Regulations shall apply to the Managing Director, unless the application to him of all or any of these Regulations has been approved by the Government of Assam. ### 3. Definitions. - In these Regulations, unless there is anything repugnant in the subject or context- (a) "The Corporation" means the Assam Financial Corporation. (b) "The Board" means the Board of Directors of the Corporation. (c) "Service in the Corporation" means the period of an employee's service from the date of his/her confirmation. (d) The expression "Pay" shall, for the purposes of Regulation 6, mean- (i) in the case of an employee who has been on leave continuously for a period of twelve months or more immediately preceding the date of his/her retirement, death, or termination of service, as the case may be, the substantive pay at the date of such leave or the average pay [as defined in Regulation 3 of the Assam Financial Corporation (Staff) Regulations, 1957] earned while on duty during the twelve calendar months immediately preceding the month in which he/she proceeded on leave, whichever is higher; (ii) in any other case, the substantive pay at the date of his/her retirement, death, or termination of service, as the case may be, or 'the average pay' [as defined in Regulation 3 of the Assam Financial Corporation (Staff) Regulations 1957] earned while on duty during the twelve calendar months, immediately preceding the month of retirement, death, or termination of service, whichever is higher. ### 4. Conditions of grant. - Subject to the terms, conditions and other provisions contained in the succeeding Regulations, gratuity will be granted to a whole-time permanent employee after termination of his/her service in the Corporation, or in the event of his/her death before receipt of gratuity, to such person or persons as may be determined in accordance with Regulation No. 8, but nothing in these Regulations shall be construed as conferring any right or benefit on any employee whose service in the Corporation is governed by a contract expressly stipulating his/her service to be for a specified period. ### 5. When not admissible. (1) No gratuity will be granted to, or in the case of an employee- (a) if he/she has not completed service in the Corporation for a minimum period of ten years, or (b) if he/she has been dismissed from service in the Corporation for any misconduct. (2) Notwithstanding anything contained in Clause (a) of sub-regulation (1), gratuity will be granted to, or the case of, an employee who has not completed service in the Corporation for a minimum period of ten years if- (i) he/she dies while in service of the Corporation; or (ii) he/she has retired or has been required to retire either on account of certified permanent incapacity due to bodily or mental infirmity or owing to the abolition of his/her appointment on account of reduction of establishment; or (iii) his/her service in the Corporation is terminated by the Corporation for reasons other than reduction of establishment or dismissal for misconduct. ### 6. Amount admissible. - Without prejudice to the provisions of Regulation 5, the amount of gratuity admissible to an employee shall be "a sum equal to one month's pay for each completed year of service in the Corporation subject to a maximum of fifteen month's pay or Rs. 20,000 whichever is less". ### 7. Payment of reduced amount of gratuity. - Notwithstanding anything contained in the foregoing Regulations, the Corporation may, while determining the amount of gratuity payable to an employee, take into account any financial loss caused to the Corporation by reason of inefficiency or misconduct of such employee and grant a reduced amount of gratuity : Provided that the difference between the amount of gratuity ordinarily admissible under the foregoing Regulations and the amount of gratuity so reduced shall not exceed the amount of the financial loss caused to the Corporation. ### 8. Payment in case of death of the employee. - In the event of the death of an employee before receipt of gratuity, the amount of gratuity admissible shall be paid to the person or persons in the same manner as is applicable under the provisions of the Assam Financial Corporation Employees' Provident Fund Regulations. ### 9. Interpretation of these regulations. - The decision of the Board shall be final and binding upon employees in all respects and upon all matters, questions and disputes relating to or connected with the interpretation of these regulations or in any way concerning the same.

65b94a5cab84c7eca86e8ce9

acts

State of Chattisgarh - Act ---------------------------- Chhattisgarh Dowry Prohibition Rules, 2004 -------------------------------------------- CHHATTISGARH India Chhattisgarh Dowry Prohibition Rules, 2004 ============================================ Rule CHHATTISGARH-DOWRY-PROHIBITION-RULES-2004 of 2004 -------------------------------------------------------- * Published on 24 March 2004 * Commenced on 24 March 2004 Chhattisgarh Dowry Prohibition Rules, 2004 Published vide Notification No. F 6-2/WCD/D.P.R/2004, dated the 24th March, 2004, published in C.G. Rajpatra (Asadharan) , at pages 114 (13-24) In exercise of the powers conferred by Section 10 of the Dowry Prohibition Act, 1961 (Central Act 28 of 1961), the Government of Chhattisgarh, hereby, makes the following Rules for carrying out the purpose of the said Act :- ### 1. Short title and commencement. - (i) These rules may be called the Chhattisgarh Dowry Prohibition Rules, 2004, and, they shall come into force in the entire Chhattisgarh State, on the date of their publication in the official Gazette. (ii) These rules shall be effective, superseding all the previous rules formulated by the State Government concerning Dowry Prohibition. ### 2. Definitions. - In these rules, unless the context otherwise requires,- (a) "Act" means the Dowry Prohibition Act, 1961 (Central Act 28 of 1961); (b) "Advisory Board" means a Board constituted in accordance with sub-section (4) of Section 8-B of the Act to advise and assist Dowry Prohibition Officer; (c) "Chief Dowry Prohibition Officer" means an officer of the State Government entrusted with the duties and responsibilities under these rules; (d) "Dowry Prohibition Officer" means an Officer appointed as such by the State Government under Section 8-B of the Act; (e) "Probation Officer" means a District Probation Officer or Additional District Probation Officer or City Probation Officer appointed as such under the Probation of Offenders Act, 1958 (Central Act 20 of 1958); (f) "Police Officer" means an Officer in the State Police Department; (g) "Recognized Welfare Institution or Organization" means an Institution or Organization recognized as such under sub-clause (ii) of clause (b) of sub-section (i) of Section 7 of the Act; (h) "District Magistrate" and "Complaints" shall have the same meaning as respectively assigned to them and defined under the Code of Criminal Procedure, 1973 (2 of 1974); (i) The words and expressions used in these rules but not defined shall have the meanings respectively assigned to them in the Act. ### 3. Jurisdiction of Dowry Prohibition Officer. - The area in respect of which the Dowry Prohibition Officer has to exercise jurisdiction and power under sub-section (i) of Section 8-B of the Act shall be the area specified for the purpose by a notification of the State Government in the Official Gazette. ### 4. Procedure for filing complaints. - A complaint may be filed by any aggrieved person or a parent or other relative of such person or by any Recognized Welfare Institution or Organization in writing to Dowry Prohibition Officer, either in person or through a messenger or by post. ### 5. Additional functions to be performed by the Dowry Prohibition Officer. - (i) He shall endeavor to create awareness among the public by organizing camps, publicity through Information & Broadcasting Department, Panchayat Samiti and other media against dowry and to involve local people for prevention of dowry. (ii) He shall conduct surprise checks and discreet inquiries to ascertain whether there has been any violation of the provisions of the Act/Rules. (iii) He shall receive complaints for any offence under the Act from the party or person aggrieved or any other persons/organization. (iv) He shall maintain a register for the purpose of the Act to record all complaints, enquiries and results thereof and other relevant information connected therewith in the prescribed Form No. I. He shall also maintain separate files with relevant records for each individual case. (v) He shall act as the Member Secretary/Convener of the Advisory Board. He shall maintain regular contact with the members of the Advisory Board for necessary advice and assistance from them. He shall inform the District Magistrate or any other person authorized by the State Government for the purpose, about all the affairs relating to operation of the Act, as and when necessary. (vi) He shall keep in his custody all the lists of presents submitted by the parties to any marriage and make entries relating thereto in a Register to be maintained for the purpose. He shall also examine these lists and ensure compliance of the provisions of the Dowry Prohibition (Maintenance of Lists of Presents to the Bride and Bridegroom) Rules, 1985. (vii) He shall discharge his duties with due care, decorum, and privacy and in a manner to uphold the dignity and harmony of family relationships. (viii) The Dowry Prohibition Officer's approach shall be primarily preventive and remedial and prosecution shall be recommended or resorted to only if all other measures and direction are found ineffective or parties fail to comply with the orders or directions within the stipulated time. (ix) Every such complaint received by the Dowry Prohibition Officer shall be serially numbered and duly registered in a Register in Form No. II annexed to these rules. (x) The Dowry Prohibition Officer shall scrutinize the complaint and if it is found that the nature and the contents of the complaint is such apparently coming within the purview of Sections 3 or 4 or 4-A or 5 or 6 of the Act, he will immediately conduct an enquiry to collect such evidence from the parties as to the genuineness of the complaint. (xi) The Dowry Prohibition Officers shall send quarterly report to the Chief Dowry Prohibition Officer as to the number of complaints received under the Act and the action taken or the nature of settlement of the issue in Form No. II annexed to these rules. The Dowry Prohibition Officer shall send such details or reports as may be required by Chief Dowry Prohibition Officer or the Government from time to time. (xii) The Dowry Prohibition Officer shall conduct an on the spot investigation and can collect such evidence either oral or in writing from the parties or witnesses or he can fix up a hearing of the parties and witnesses in his office or in a place convenient to him without causing much inconvenience or hardship to the parties. (xiii) The Dowry Prohibition Officer shall intimate or serve notices to the parties and witnesses of the date, time and place of hearing of the complaints in Form III annexed to these Rules. (xiv) Every petition shall be inquired into and heard and come to a finding within a month from the date of its receipt. (xv) Where on the date fixed for hearing of the complaint or petition or on any other date to which such hearing may be adjourned, the complainant or petitioner does not appear the Dowry Prohibition Officer, may in its discretion, either dismiss the complaint or petition of default or hear and come to a finding as to its merit, which shall be recorded in the case file . (xvi) The Dowry Prohibition Officer may utilize the services of District Probation Officers or Additional District Probation Officers or City Probation Officers of the area for collecting information or conducting enquiries or assisting in any stage of enquiries or proceedings relating to a complaint, petition or applicant under the Dowry Prohibition Act. (xvii) On receipt of requisition from the Dowry Prohibition Officer, the Probation Officers shall conduct necessary enquiries, collect information and furnish such details or report promptly as requested by him. (xviii) Where any dowry is received by any persons other than the woman and a complaint is received in respect of non-transfer of such dowry to the woman who is entitled to it in accordance with Section 6 of the Act, the Dowry Prohibition Officer shall issue directions to parties to transfer the same within the stipulated time. (xix) He shall specifically make it clear that marriages performed within his jurisdiction are likely to be visited by him or his staff along with police officers to see that the provisions of the Act are not contravened. (xx) The Dowry Prohibition Officer shall make necessary enquiries regarding non-observance of the provision of the Act in respect of the marriages held or proposed to be held within his jurisdiction. (xxi) He shall ascertain and confirm by suitable means in respect of as many number of marriages as are held within his jurisdiction as to whether the provisions of the Act are being followed and are not being contravened. (xxii) The Dowry Prohibition Officer while making enquiries under the Act or when he attends any marriage for the purposes of making enquiries, take the assistance of any police officer or other officers to assist him in the performance of his functions and it shall be the duty of the Police Officer to render all assistance required by the Dowry Prohibition Officer. (xxiii) He shall render assistance to the police in investigating the complaint filed under the Act and the Court in the trial of the case. (xxiv) He shall seek the guidance of Advisory Board in matters relating to their functioning under the Act. (xxv) The Dowry Prohibition Officer (Member Secretary/Convener of the Advisory Board) shall send a copy of the proceedings of each meeting of the Advisory Board, within a fortnight from the date of meeting to the District Magistrate with a copy to the State Government for information and necessary action. (xxvi) He shall also perform such other duties as may be assigned in this regard by the State Government. ### 6. Method of appointment, duties and functions of Chief D.P.O. - (i) The State Government shall designate the Senior Order of the concerned Department as the Chief Dowry Prohibition Officer to administer and co-ordinate the work relating to dowry prohibition throughout the State. (ii) The Chief Dowry Prohibition Officer shall co-ordinate the work of Dowry Prohibition Officers and shall be responsible for creating consciousness and awareness to prevent Dowry system among the public and to set out programmes with a view to uproot the evil of dowry system. (iii) The Chief Dowry Prohibition Officer shall be responsible for the preparation and submission of an annual report on the progress of implementation of Dowry Prohibition Act and related matters and of such statistics as may from time to time be required by Government. (iv) The Chief Dowry Prohibition Officer shall issue instructions to all the Departments of the State Government to the following effects: (a) Every government servant shall after his marriage furnish a declaration stating that he has not taken any dowry to Head of Department. The declaration shall be signed by the wife, father and father-in-law. (b) One specified day in a year to be observed as Dowry Prohibition Day. (c) Pledge to be administered to the students in schools and colleges and other institutions not to give or take dowry. ### 7. Submission of list of presents by parties to the marriage. - The parties to any marriage or any of the parents or either of them shall furnish to the concerned Dowry Prohibition Officer within one month from the date of marriage, a copy of the list of presents prepared in accordance with the Dowry Prohibition (Maintenance of List of Presents to the Bride and Bridegroom) Rules, 1985. ### 8. Procedure for Prosecution of Officers. - In all cases of complaints investigated by Dowry Prohibition Officers when there is a prima facie finding as to the commission of an offence, the report shall be submitted to the competent Magistrate for prosecuting the offenders along with the statement recorded, all other connected documents of the proceedings and a brief account of his findings. This report shall be deemed to be a report under Section 173 of the Code of Criminal Procedure, 1973 (Act 2 of 1974). ### 9. Recognition of Welfare Institutions. - (i) A Welfare Institution or Organization primarily devoted to any of the following kinds of work and has rendered remarkable service in the field for a period of not less than three years will be eligible for seeking recognition under sub-clause (ii) of clause (b) or sub-section (1) of Section 7 of the Act- (a) Social Welfare including care, protection and training of women; (b) Organization of Women of a Statewide or All India character, Prominent Mahila Samaj or Women's Organizations; (c) Social Defense including care and protection of Destitute, Rescue women and children. (d) Any organization of lawyers' interested in eradicating social evils. (ii) Any welfare institutions or organization eligible under sub-rule (i) and desiring recognition shall make an application to the State Government in Form IV annexed to these rules together with a copy of each of the Rules, Bye Laws, Articles of Association, lists of its members and Office bearers and a report regarding its activities and past record of Social or Community Service. (iii) The State Government may after making such enquiry by a Senior Officer of the concerned Department and after considering the report as to the nature and past record of service of the organization or institution which has presented the application in this regard grant recognition for a period of five years which can be renewed after submitting a renewal application. (iv) An application for renewal or recognition shall be submitted in Form V annexed to these rules in the manner prescribed in sub-rule (ii) of Rule 9, which shall be processed as per the procedure laid down in sub-rule (iii) and Recognition shall be granted/renewed in case where the working of the institution or organization is reported to be fairly satisfactory. (v) The State Government may withdraw the recognition granted to an institution or organization if the working of the institution/ organization is found or reported to be unsatisfactory by the Chief Dowry Prohibition Officer or otherwise. ### 10. Limitation and conditions subject to which a DPO may exercise powers of Police Officers. - (i) Save and except the provisions of Chapters V of the Code of Criminal Procedure, namely, the power of arrest of a person without warrant, the Dowry Prohibition Officer shall have the powers of a Police Officer under the said Code for the purpose of investigation and submission of report before the competent magistrate. (ii) Whenever the Dowry Prohibition Officer has reasonable grounds for believing that an offence punishable under this Act has been, or is being or is about to be committed within his jurisdiction and that the search of any premises with warrant cannot be made without undue delay, he may, after sending the grounds of his belief to the District Magistrate search such premises without a warrant. (iii) Before making a search under sub-rule (ii), the Dowry Prohibition Officer shall call upon two or more residents of the locality in which the place to be searched is situated, to attend and witness the search, and may issue an order in writing to them or any of them to do so. (iv) Any person, without reasonable cause, refuses or neglects to attend and witness a search under this rule, when called upon to do so by an order in writing delivered or tendered to him, shall be deemed to have committed an offence under Section 187 of the Indian Penal Code (45 of 1860). ### 11. Declaration of D.P.O. as public servant. - Every Dowry Prohibition Officer shall be deemed to be a public servant within the meaning of Section 21 of the Indian Penal Code, 1860. ### 12. Protection of action taken in good faith. - No suit or other legal proceeding shall lie against the Government, Chief Dowry Prohibition Officer, Dowry Prohibition Officer and any Police Officer or person assisting to him, Probation Officer in respect of anything which is in good faith done or intended to be done in pursuance of the Act or the Rules. ### 13. Interpretation. - If any question arises relating to the interpretation of these rules, the same shall be referred to the Government for decision. Form-I [See Rule 5 sub-rule (iv) ] Register of Complaints/petitions | | | | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | | S. No. | List of Complaints | Name and address of petitioner/ complainant | Relationship with the married couple | Date of marriage fixed or held | Date of receipt of petition/ complaint | Date of hearing | Nature of disposal | Initials of officer | Remarks | | (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) | (9) | (10) | | | Form-II [See Rule 5 sub-rule (ix) ] Quarterly Progress Report Regarding the Implementation of Dowry Prohibition Act, 1961 | | | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | --- | --- | | S. No. | Details of petition/ complaints received | From whom name and address | Nature of complaints/ petition | Date of Registration | Action taken | Nature of settlement of issue | Dated initials of the officers | Remarks | | (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) | (9) | | | | | | | | | | | Form-III [See Rule 5 sub-rule (xii) ] Notice to Appear Before Dowry Prohibition Officer To, (Name of person against whom complaint has been received and address). Whereas, your attendance is necessary to collect information and gather evidence to a complaint of............... (state shortly the alleged offence) you are hereby required to appear in person before to Dowry Prohibition Officer on the day of.......... at........... (time) in the office of the............(place) Dowry Prohibition Officer (Office Seal) Form-IV [See Rule 9 sub-rule (2) ] Form of Application for Recognition of Welfare Institution/organisation | | | | | --- | --- | --- | | 1. | Name of the welfare Institution / Organisation | ................. | | 2. | Full address | ................. | | 3. | Aims and objectives | ................. | | 4. | Name and address of the Head of the Institution/Organization | ................. | | 5. | Brief account of its activities | ................. | | 6. | Justification for granting recognition | ................. | | 7. | Has any such application been made previously, if so, its results together with its date, month and year | ................. | | 8. | Any other particulars | ................. | Enclosures: (1) (2) (3) | | | | --- | --- | | Place:Date: | …...............Signature of the Head of theWelfare Institution/Organisation | Form-V [See Rule 9 sub-rule (4) ] Form of Application for Renewal of Certificate Of Recognition | | | | | --- | --- | --- | | 1. | Name of the Welfare Institution / Organisation | ................. | | 2. | Full address | ................. | | 3. | Brief Account of the achievements during last five years | ................. | | 4. | Name and address of the Head of the Institution/Organization | ................. | | 5. | Certificate No., date and date of expiry | ................. | | 6. | Any other particular | ................. | | | | | --- | --- | | Place:Date: | Signature of the Head of theWelfare Institution/Organisation |

65bab431ab84c7eca86ec5f9

acts

NCT Delhi - Act ----------------- District Legal Services Authorities (Amendment) Regulations, 2021 ------------------------------------------------------------------- DELHI India Delhi State Legal Services Authority Act, 1987 District Legal Services Authorities (Amendment) Regulations, 2021 =================================================================== Regulation NO-F-8-1-96-JUDL-VOL-II-SUPTLAW-524-528 of 2021 ------------------------------------------------------------ * Published in Delhi Gazette 158 on 8 June 2021 * Commenced on 8 June 2021 No. F.8 / 1 / 96 - Judl . / Vol.II / Suptlaw / 524-528.— In exercise of the powers conferred under Section 29A of the Legal Services Authorities Act , 1987 ( Act 39 of 1987 ) and in consultation with the Hon'ble Chief Justice of the Delhi High Court , as required by sub - section ( 4 ) of Section 9 and clause ( c ) of sub section ( 2 ) of Section 10 of the said Act , the State Legal Services hereby makes the following regulations to amend the District Legal Services Authorities Regulations , 1998 , namely : ### 1. Short Title and commencement : - ### 1. ) These Regulations may be called the District Legal Services Authorities ( Amendment ) Regulations , 2021 . ### 2. ) They shall come into force on the date of their publication in the Delhi Gazette . ### 2. Amendment of regulation 2 In District Legal Services Authority regulation , 1998 ( hereinafter called the principal regulations ) in regulation 2 the following sub - regulations shall be substituted namely : In these Regulations , unless the context otherwise requires : ( b ) “ Aided Person “ shall have the same meaning as defined under Regulation 2 ( f ) of the Delhi State Legal Services Authority Regulations 2002 ; ( c ) " Chairperson " means the Chairperson of the District Legal Services Authority ; ( d ) “ Chief Justice “ means the Chief Justice of the High Court of Delhi ; ( e ) " District Authority “ means District Legal Services Authority , Delhi constituted under Section 9 of the Act ; ( f ) “ Evaluation Committee " means the Committee as constituted under the National Legal Services Authority ( Free and Competent Legal Services ) Regulations , 2010 ; ( g ) “ Executive Chairman “ means the Executive Chairman of the Delhi State Legal Services Authority ; ( h ) “ High Court “ means the High Court of Delhi ; ( i ) " Legal practitioner “ shall have the same meaning as assigned to the expression in the Advocates Act , 1961 ; ( j ) “ Legal Service shall have the same meaning as defined in Section 2 ( c ) of the Act ; ( k ) “ Legal Services Advocate " ( LSA ) means an advocate who has been empanelled by the State Authority in any of the panels constituted to provide legal aid and services and would also include an advocate who has been assigned any work , related to legal services by the State or the District Authority ; ( 1 ) " Legal Services Counsellor " ( LSC ) means any person appointed as counsellor by the State Authority ; ( m ) " Member “ means a member of the District Legal Services Authority ; ( n ) “ Monitoring and Mentoring Committee " means the Committee constituted under the National Legal Services Authority ( Free and Competent Legal Services ) Regulations , 2018- ; ( 0 ) “ Para Legal Volunteer “ ( PLV ) means a person trained and certified as such by the Delhi State Legal Services Authority ; ( p ) “ Rule “ means a rule of the Delhi State Legal Services Authority Rules , 1996 ; ( 9 ) " Secretary " means the secretary of the District Legal Services Authority appointed under sub - section ( 3 ) of Section 9 of the Act ; ( r ) “ Section " means a Section of the Legal Services Authorities Act , 1987 ; (s ) “ State Authority " means the Delhi State Legal Services Authority constituted under Section 6 of the Act ; ( t ) “ State Government “ means the Government of National Capital Territory of Delhi ; ( u ) Words and expressions used in the regulations but not defined shall have the same meaning respectively assigned to them in the Act ; ### 3. for regulation 3 , the following shall be substituted , namely : ( 1 ) The term of office of a member of the District Authority , other than ex - officio member , shall be two years : provided that a member shall be eligible for re - nomination for one more term ; ( 2 ) A member of the District Authority nominated under sub rule ( 3 ) of Rule 10 may be removed by the State Government in consultation with the Chief Justice of the High Court if in the opinion of the State Government , it is not desirable to continue him / her as a member ; ( 3 ) A member may by writing under his / her hand addressed to the Chairperson resign from the District Authority and such resignation shall take effect from the date on which it is accepted by the Chairperson ; ( 4 ) Any vacancy in the office of a member of the District Authority may be filled up in the same manner as provided for the nomination and the person so nominated shall hold office for the residuary term of the member in whose place he is nominated ; ( 5 ) All members nominated under sub rule ( 3 ) of rule 10 shall be entitled to payment of travelling allowances and daily allowances in respect of journey performed in connection with the work of the District Authority and shall be paid by the District Authority in accordance with the rules as are applicable to the grade ' B ' officers of the State Government as amended from time to time ; ( 6 ) If a nominated member is a Government officer or employee , he shall be entitled to only one set of travelling allowance and daily allowance either from his parent department or , as the case may be , from the District Authority ; ( 7 ) Where a person is nominated as ex - officio member such person shall cease to be the member of the District Authority if he ceases to hold the post or office by virtue of which he has been nominated as ex officio member : ( 8 ) All members shall function in an honorary capacity ; ( 9 ) The Secretary of the District Authority shall be a Senior Division Officer of the Delhi Judicial Service and shall be a whole time employee on deputation basis , and shall hold office for a term not exceeding three years ; ( 10 ) In all matters like age of retirement , pay and allowances , benefits and entitlements and disciplinary matters the Secretary shall be governed by the Delhi Judicial Service Rules and shall be on deputation to the District Authority ; ### 4. For regulation 4 the following shall be substituted , namely : The powers and functions of the District Authority shall be : ( a ) To implement the legal services plans drawn up by the State Authority for the year ; ( b ) To administer and implement the legal services programmes in accordance with the guidelines and directions of the State Authority ; ( c ) To perform such functions as are assigned or delegated to it by the State Authority from time to time ; ( d ) To maintain the accounts of the District Legal Aid Fund ; ( e ) To organize the Front - office as per the National Legal Services Authority ( Free and Competent Legal Services ) Regulations , 2010 ; ( f ) To receive and scrutinize the applications received for legal services through the Secretary or the Evaluation Committee ; To assign and monitor the assignment of the cases to the Legal Services Advocate / Legal Services Counsel on the panel of the concerned District to ensure even distribution of work and to ensure that the Legal Services Advocates , Legal Services Counsels and Para Legal Volunteers attend to their assigned work diligently and to monitor their work ; ( h ) To report to the State Authority in case of serious complaints against the Legal Services Advocates . To coordinate with the Monitoring Committee in respect of the quality of the legal services being rendered ; ( j ) To pay honorarium and fees as per the fee schedule approved by the State Authority ; ( k ) To defray other expenses incurred in the course of discharging the functions of the District Authority ; ( 1 ) To defray such charges and costs that are directed by the Court keeping in mind that the District Fund is to be utilized for legal aid and services and further keeping in mind the guidelines issued by the State Authority from time to time ; ( m ) To organize Lok Adalats in consultation with the State Authority and as per the Guidelines for functioning of Lok Adalats issued by NALSA ; To organize legal awareness camps and to spread legal literacy and to constitute legal literacy clubs as per directions of the State Authority ; ### 6. . sub - regulation 6 ( A ) and 6 ( B ) of regulation 6 shall be deleted . ### 7. . for regulation 7 the word Chairman shall be substituted with Chairperson . ### 8. . sub- regulation ( 4 ) , ( 5 ) and ( 6 ) of regulation 8 the word Chairman shall be substituted with Chairperson . ### 9. . for regulation 10 the following shall be substituted , namely : ( 1 ) On receipt of an application for legal service mentioned in regulation 9 , the Secretary shall first cause the eligibility of the applicant as per the provisions of the Act read with the rules , examined and determined ( 2 ) If the applicant satisfies the eligibility criteria , the Secretary shall proceed to examine the merit of the application through the Evaluation Committee or by himself / herself in urgent matters . In addition , the Secretary shall be empowered to seek legal opinion , from one or more LSAs and / or Senior Advocates , in appropriate cases . ( 3 ) In case the applicant satisfies the eligibility criteria and also has merit in his applicant , the Secretary shall proceed to decide the mode of legal service . ( 4 ) An application for the grant of legal services in any matter may be rejected by the Evaluation Committee / Secretary for reasons to be recorded in writing , and the applicant will be informed immediately of such rejection . ( 5 ) The applicant whose application for grant of legal services has been rejected may prefer an appeal before the Chairperson for a decision . for sub - regulation ( 6 ) of regulation 10 shall be deleted . ### 10. . for regulation 11 the following shall be substituted , namely : Legal Services to be provided may include any one more of the following : ( a ) Court fees , provided that Court fees will be payable only after an application is moved before the Court for suing in forma pauperis and orders of the Court obtained thereon ; ( b ) Process fees and other similar charges payable or incurred in connection with any legal proceedings ; ( c ) Charges for drafting , preparing , filing of any legal proceedings and representation by a legal practitioner in legal proceedings ; ( d ) Cost of obtaining and supply of certified copies of judgments , orders and other documents in legal proceedings ; Cost of preparation of paper book ( including paper , printing and translation of documents ) in legal proceedings and expenses incidental thereto ; provided that charges for spot inspection other than local commissioner's fee , such as photographer's / electrician's / plumber's / mason's charges and similar expenditure , charges for medical examination and the like , shall not be payable , except with the approval of the Chairperson . “ ### 11. . Existing regulation 12 shall be deleted . ### 12. . Existing regulation 13 shall be re - numbered as regulation 12 , the following shall be substituted , namely : “ Irrespective of the means test , legal service may be granted , with the written approval of the Chairperson ( b ) in a special case which is considered otherwise deserving of legal services “ ; ### 13. . Existing regulation 14 shall be re - numbered as regulation 13 , the following shall be substituted , namely : Duties of Legal Services Advocates ( 1 ) Every Legal Services Advocates shall attend to all duties assigned by the Authority punctually , ( 0 ) To maintain records and statistical data as required by the State Authority and submit the same on a monthly basis to the State Authority . ### 5. sub - regulation ( 1 ) of regulation 5 shall be deleted and for sub - regulation ( 2 ) and ( 3 ) of regulation 5 , the word Chairman shall be substituted with Chairperson and re - numbered as 1 and 2 . attentively and diligently . ( 2 ) Every Legal Services Advocates shall endeavour to provide quick and timely services to the aided person . ( 3 ) Every Legal Services Advocates shall ensure his attendance on each hearing of the case assigned to him and shall diligently work towards the disposal of the case . ( 4 ) ( a ) On a case of the aided person assigned to any Legal Services Advocates being decided , such Legal Services Advocates shall apply for the certified copies of the decree , judgment , evidence , pleadings and other relevant documents , certified copies of which have not already been taken . ( b ) Such certified copies shall be submitted to the Authority alongwith the detailed comments of the Legal Services Advocates regarding the further desired action in the case if any required with specific reference to feasibility of filing an appeal / revision . ( c ) The Legal Services Advocates who has completed his / her assignment , shall submit within ### 45. days of the completion of such assignment , a statement showing the honorarium due to him / her together with the report of the work done in connection with the legal proceedings conducted by him / her on behalf of the aided person , along with certified copies , to the Secretary of the District Authority , who shall after due scrutiny sanction the fee and expenses payable to him / her . Provided that in appropriate cases and for sufficient reasons , bills submitted after the expiry of the said 45 days may be processed by the Secretary for payment . ( 5 ) Every Legal Services Advocates shall attend all training programs , functions and the like organized by the State or the District Authority and as directed by the said Authorities . ( 6 ) Every Legal Services Advocates shall submit a quarterly detailed report in respect of the work / cases assigned to him / her by the Authorities . The said report shall be submitted within seven days of the expiry of the quarter “ . ### 14. . Existing regulation 15 shall be re - numbered as regulation 14 , the following shall be substituted , namely : Honorarium payable to Legal Services Advocates ( 1 ) They shall be paid such honorarium as per the fee schedule fixed by the State Authority . ( 2 ) No Legal Services Advocates to whom any case is assigned either for legal advice or for legal service shall receive any fee or remuneration whether in cash or in kind or any other advantage , monetary or otherwise , from the aided person or from any other person on his behalf . ( 3 ) Any complaint against the Legal Services Advocates either under ( 2 ) above or in relation to the handling of the assigned case or in connection with the proper discharge of his / her obligations in regard to the rendering of such legal services as are required of him / her being a Legal Services Advocates , will be forwarded to the State Authority which may conduct an enquiry in this regard and recommend action under Regulation 7 of the Delhi State Legal Services Authority Regulation ### 2002. . ( 4 ) In case of any dispute on the quantum payable to the Legal Services Advocates , the matter shall be placed before the Member Secretary for decision . " ### 15. . Existing regulation 16 shall be re - numbered as regulation 15 . By Order and in the Name of the Lt. Governor of National Capital Territory of Delhi , SANJAY KUMAR AGGARWAL , Pr . Secy . ( Law , Justice & L.A. ) Uploaded by Dte . of Printing at Government of India Press , Ring Road , Mayapuri , New Delhi - 110064 and Published by the Controller of Publications , Delhi - 110054 . SURENDER MAHADASAM Digitally signed by SURENDER MAHA DASAM Date : 2021.06.10 19:27:33 + 05'30

65b93b2bab84c7eca86e8aca

acts

State of Odisha - Act ----------------------- The Orissa Employees State Insurance Medical Service (Validation of Appointment) Act, 1994 -------------------------------------------------------------------------------------------- ODISHA India The Orissa Employees State Insurance Medical Service (Validation of Appointment) Act, 1994 ============================================================================================ Act 24 of 1994 ---------------- * Published on 1 December 1994 * Commenced on 1 December 1994 The Orissa Employees State Insurance Medical Service (Validation of Appointment) Act, 1994 Orissa Act No. 24 of 1994 Published vide Orissa Gazette Extraordinary No. 1478/8.12.1994-Notification No. 16504-Legislative 18.12.1994. No. 16504-Legis/8.12.1994 - The following Act of the Orissa Legislative Assembly having been assented to by the Governor on the 1st December, 1994 is hereby published for general information. An Act to validate the appointment of certain insurance Medical Officers under the employees' State Insurance Scheme, Orissa Be it enacted by the Legislature of State of Orissa in the Forty fifth year of the Republic of India as follows : ### 1. Short title. - This Act may be called the Orissa Employees' State Insurance Medical Service (Validation of Appointment) Act, 1994. ### 2. Definitions. - ln this Act, unless the context otherwise requires,- (a) "Government" means Government of Orissa; (b) "recruitment rules" means the Orissa Employees' State Insurance Medical Service (Recruitment) Rules, 1970; (c) "Service" means the Orissa Employees' State Insurance Medical Service under the Employees' State Insurance Scheme; and (d) "year" means the calendar year. ### 3. Validation. (1) Notwithstanding anything contained in the recruitment rules, thirteen Insurance Medical Officers including one Dentist, who were appointed to the Service on ad hoc basis by the Government in the Labour and Employment Department during the years 1983 to 1988, without recommendation of the Orissa Public Service Commission, and are continuing as such, shall be deemed to have been validly and regularly appointed to Class-II grade of the Service, as direct recruits, with effect from the date of commencement of this Act and, accordingly, no such appointment shall be challenged in any Court of Law merely on the ground that it was made otherwise than in accordance with the procedure laid down in the recruitment rules. (2) The inter se seniority of the Insurance Medical Officers whose appointments are so validated under Sub-section (1) shall be determined according to the total length of service (with or without breaks) rendered by them on ad hoc basis prior to the commencement of this Act and they shall be en block junior to the Insurance Medical Officers appointed to Class-II grade of the Service in accordance with the recruitment rules prior to such commencement. (3) The services rendered by the said thirteen Insurance Medical Officers on ad hoc basis prior to the commencement of this Act shall, subject to the provisions in Sub-section (2), count for all purposes.

65b958b9ab84c7eca86e8e8e

acts

State of Bihar - Act ---------------------- Bihar Finance Act, 2011 ------------------------- BIHAR India Bihar Finance Act, 2011 ========================= Rule BIHAR-FINANCE-ACT-2011 of 2011 ------------------------------------- * Published on 1 April 2011 * Commenced on 1 April 2011 Bihar Finance Act, 2011 [Bihar Act 3, 2011] Last Updated 17th February, 2020 [Dated 01.04.2011] Preamble. - An Act to amend the Bihar Value Added Tax Act, 2005 (Act, 27 2005), Bihar Taxation on Luxuries in Hotels Act, 1988 (Bihar Act 5,1988) and Bihar Motor Vehicle Taxation Act, 1994 (Bihar Act 8,1994) Be it enacted by the Legislature of the State of Bihar in the sixty-second year of the Republic of India as follows: - ### 1. Short title, extent and commencement. (1) This Act may be called the Bihar Finance Act, 2011. (2) It shall extend to the whole of the State of Bihar. (3) It shall come into force at once. Part I – Amendment in the Bihar Value Added Tax Act, 2005 ----------------------------------------------------------- (Act 27 of 2005 ) ### 2. Amendment in Section 14 of the Bihar Value Added Tax Act, 2005 (Act 27 of 2005 ). (1) Clause (b) of sub-section (1) of Section 14 of the Bihar Value Added Tax Act, 2005 (hereinafter referred to as Act 27 of 2005 ) shall be substituted by the following namely: - "(b) the goods specified in the Schedule III, at the rate of five percent;" (2) After Clause (b) of sub-section (1) of Section 14 of Act 27 of 2005 , a new clause (bb) shall be inserted in the following way, namely: - "(bb) the goods specified in the Schedule III A, at the rate of four percent;" (3) After Schedule III of Act 27 of 2005 , a new Schedule III A shall be inserted in the following, namely: - "Schedule-III A (See Section 14) | | | | --- | --- | | SI. No. | Goods | | 1 | Goods as specified in Section 14 of the Central Sales Tax Act, 1956." | (4) In Schedule III of Act 27 of 2005 , Serial Number 55 and its corresponding entry shall be deleted. ### 3. Amendment in Section 14 of the Bihar Value Added Tax Act, 2005 (Act 27 of 2005 ). - Clause (d) of sub-section (1) of Section 14 of the Bihar Value Added Tax Act, 2005 shall be substituted by the following way, namely: - "(d) any other goods, not specified in the Schedules I, II, III, IIIA and IV, at the rate of thirteen and a- half percent." Part II – Amendment in Bihar Taxation on Luxuries in Hotels Act, 1988 ----------------------------------------------------------------------- (Bihar Act 5 of 1988 ) ### 4. Amendment in Section 1 of Bihar Taxation on Luxuries in Hotels Act, 1988 (Bihar Act 5 of 1988 ). - In sub-section (1) of Section 1 of Bihar Act 5 of 1988 , the words "in Hotels" shall be deleted. ### 5. Amendment in Section 2 of Bihar Taxation on Luxuries in Hotels Act, 1988 (Bihar Act 5 of 1988 ). (1) Sub-Section (e) Section 2 of Bihar Act 5 of 1988 shall be substituted in the following way, namely - "(e) "Hotel" means such building or part of a building in which lodging accommodation, with or without boarding is provided by way of business for monetary consideration and includes a lodging house, boarding house, restaurant, club and holiday resorts;" (2) After sub-section (e) of Section 2 of Bihar Act 5 of 1988 , a new sub-section (ee) shall be inserted in the following way, namely - "(ee) "Commercial Hall" means a Shadi Mandap, Community Hall, a building or part of a building, including open space, and open space where accommodation is provided for marriage or reception or matters related there with, including such accommodation provided for seminars, conventions, banquets, meetings or exhibition-cum-sale as may be specified by the Commissioner, whether or not such functions are conducted therein regularly;" (3) Sub-Section (h) of Section 2 of Bihar Act 5 of 1988 shall be substituted by the following, namely:- "(h) "Luxuries" means commodities or services that provide enjoyment, comfort or pleasure extraordinary to necessities of life and such other amenities as are provided in a hotel, boarding house, a lodging house, a banquet hall, a commercial hall, an open space, a conference hall, a mandap for marriage or a restaurant, to occupants there of, which carry a rent or charge of rupees Five hundred or more per day. (4) Sub-section (k) of Section 2 of Bihar Act 5 of 1988 shall be substituted by the following, namely: - "(k) "Proprietor" in relation to a hotel or a commercial hall means any person who is owning or holding it in any capacity recognized by law or the secretary or manager or any other person entrusted with the management of it and includes, the person also who, for the time being, is in-charge of the management of such a hotel or a commercial hall;" (5) Sub-section (m) of Section 2 of Bihar Act 5 of 1988 shall be substituted by the following, namely: - "(m) (i) "Charges for lodging", in respect of a hotel, includes charges for air conditioning, telephone, telephone calls, television, radio, music, extra beds and the like but does not include any charges for food, drink, laundry; (ii) "Charges for commercial hall", includes charges for air conditioning, chairs, utensils and vessels, shamiyana, electricity, water, fuel, interior or exterior decoration, use of open space in which any amount received by way of donation or charity, by whatever name called, in relation to letting out the commercial hall is included but any charges for food and drinks is not included. Explanation. - If any question arises whether any charges are charged for lodging or, a commercial hall as the case may be, such question shall be referred to the Commissioner and the decision of the Commissioner shall be final." (6) Sub-section (n) of Section 2 of Bihar Act 5 of 1988 shall be substituted by the following, namely: - "(n) "Rooms" means and includes a suite of rooms of a hotel, a boarding house, a lodging house, a banquet hall, a conference hall, mandap including open space for marriage and other celebrations, a restaurant or any others room used for similar purpose;" ### 6. Substitution of Section 3 of Bihar Taxation on Luxuries in Hotels Act, 1988 (Bihar Act 5 of 1988 ). - Section 3 of Bihar Act 5 of 1988 shall be substituted by the following, namely: - "3. Levy of tax. - (1) The tax on luxuries shall be levied and paid by the proprietor at the rate specified in sub-section (2) on the charges for lodging or the charges for commercial hall in respect of such hotel, room or a suite of rooms of a hotel, a boarding house, a lodging house, a banquet hall, a conference hall, or a commercial hall as carry a charge of rupees five hundred or more per day. N (2) The tax under sub-section (1) shall be charged. - (a) at the rate of five percent of the charges for lodging of such rooms or suite of rooms in a hotel, boarding house, lodging house provided with luxuries, as carry a charge of five hundred rupees or more per day but less than rupees one thousand per day; (b) at the rate of ten percent of the charges for lodging of such rooms of suite of rooms of a hotel, boarding house, a lodging house provided with luxuries, as carry a charge of one thousand rupees or more per day; and (c) at the rate of ten percent of the charges for commercial hall provided with luxuries as carry a charge of five hundred rupees or more per day." ### 7. Amendment in Section 3AA of Bihar Taxation on Luxuries in Hotels Act, 1988 (Bihar Act 5 of 1988 ). - The words "a commercial hall or class or description of commercial halls" shall be inserted after the words "a hotel or class or description of hotels" in Section 3AA of Bihar Act 5 of 1988 . ### 8. Substitution of Section-4 of Bihar Taxation on Luxuries in Hotels Act, 1988 (Bihar Act 5 of 1988 ). - Section 4 of Bihar Act 5 of 1988 shall be substituted by the following, namely:- "4. Collection of tax by proprietor. - Every proprietor liable to pay tax under Section 3 shall collect along with the charges for lodging or the charges for commercial hall, the amount of tax payable under the said Section from the person to whom a room or a suite of rooms in a hotel, or a commercial hall, as the case may be, along with luxuries is provided by him. ### 9. Substitution of Section 6 of Bihar Taxation on Luxuries in Hotels Act, 1988 (Bihar Act 5 of 1988 ). - Section 6 of Bihar Act 5 of 1988 shall be substituted by the following, namely:- "6. Returns. - Every proprietor liable to pay tax under this Act, shall submit a return in such form and such manner and in respect of such periods as may be prescribed." ### 10. Substitution of Section 12 of Bihar Taxation on Luxuries in Hotels Act, 1988 (Bihar Act 5 of 1988 ). - Section 12 of Bihar Act 5 of 1988 shall in substituted in the following, namely:- "12. Inspection, search and seizure. - (1) The Tax assessing authority or any other authority prescribed for this purpose may, with a view to satisfying itself that the provisions of this Act of Rules made there-under are being complied with - (a) enter any room or suite of rooms of a hotel, boarding house, a lodging house, a banquet hall, a conference hall, commercial hall, mandap, open space for marriage or other celebrations, a restaurant, at any time; (b) require any proprietor of a hotel, boarding house, a lodging house, a banquet hall, a conference hall, commercial hall, mandap, open space for marriage or other celebrations, a restaurant to produce before him any books, accounts or other documents and inspect them; (c) inspect any room or suite of rooms of a hotel to ascertain their occupancy; and (d) seize any books, accounts and documents for detailed examination: Provided that a receipt shall be given to the proprietor in respect of the books of account and document seized. (2) The authority referred to in sub-section (1) shall, in a case where the proprietor fails to produce any evidence regarding the proper accounting of luxuries provided in a hotel or commercial hall, impose as a penalty, after allowing an opportunity of hearing in the manner prescribed to the proprietor, which shall be equivalent to the amount of tax on the charges for lodging or, as the case may be, charges for commercial hall not found to have been properly accounted for." ### 11. Amendment in Section 18 of Bihar Taxation on Luxuries in Hotels Act, 1988 (Bihar Act 5 of 1988 ). - The words "or commercial hall" shall be inserted before the words "at the time of commission of the offence" in Section 18 of Bihar Act 5 of 1988 . ### 12. Amendment in Section 22 of Bihar Taxation on Luxuries in Hotels Act, 1988 (Bihar Act 5 of 1988 ). - After sub-section (2) of Bihar Act 5 of 1988 the following new sub-section (3) shall be added namely - "(3) Where- (a) the tax has been collected under the Bihar Taxation on Luxuries in Hotels Act, 1988 but the same has not been deposited before the date of commencement of the amendment to sub-section (1) of Section 1 of the said Act, the tax so collected by any person under the said Act shall be deposited under the provisions of the aforesaid Act and the rules made thereunder, as if the amendment to sub-section (1) of Section 1 has not come into force; (b) a return or statement is required to be filed under the Bihar Taxation on Luxuries in Hotels Act, 1988, but the same had not been filed before the commencement of the amendment to sub-section (1) of Section 1 of the said Act, such return or statement, as the case may be, shall be filed under the provisions of the aforesaid Act and the rules made thereunder, as if the amendment to sub-section (1) of Section 1 has not come into force by the person liable to file such return or statement; (c) a return has been filed, under the Bihar Taxation on Luxuries in Hotels Act, 1988 by any proprietor for any year and no Tax assessment in respect of that year has been made before commencement of the amendment to sub-section (1) of Section 1 of the said Act, the proceedings for the Tax assessment for that year shall be made or be continued as if the amendment to sub-section (1) of Section 1 has not come into force and such Tax assessment shall be made by the Tax assessing authority specified under Provisions of the said Act or rules made thereunder; (d) a person aggrieved by any decision made or order passed under the Bihar Taxation on Luxuries in Hotels Act, 1988 has not filed any appeal or an application for review or revision before the date of commencement of the amendment to sub-section (1) of Section 1 of the said Act, such person may file an appeal or make an application for revision or review, as the case may be, under the provision of the said Act and the rules made thereunder to the prescribed authority for disposing of such appeal or application, as if the amendment to sub-section (1) of section 1 has not come into force; (e) an appeal or an application for review or revision has been filed under the Bihar Taxation Luxuries in Hotels Act, 1988 before the commencement of the amendment to sub-section (1) of Section 1 of the said Act, such appeal, application for review or revision, as the case may be, shall be continued and disposed of in the manner prescribed under the Provisions of the said Act or rules made thereunder as if the amendment to sub-section (1) of Section 1 has not come into force; (f) any proceeding for refund or recovery of tax under the Bihar Taxation on Luxuries in Hotels Act, 1988 has been initiated before the commencement of the amendment to sub-section (1) of Section 1 of the said Act, such proceeding shall be continued in the manner prescribed under the provision of the said Act and the Rules framed thereunder as if the amendment to sub-section (1) of Section 1 has not come into force; (g) any proceeding for refund or recovery of tax under the Bihar Taxation on Luxuries in Hotels Act, 1988 has not been initiated before the commencement of the amendment to sub-section (1) of Section 1 of the said Act, such proceeding shall be initiated and disposed of in the manner prescribed under the provision of the said Act and the Rules framed thereunder as if the amendment to sub-section (1) of Section 1 has not come into force; (h) any proceeding under Section 12 of the Bihar Taxation on Luxuries in Hotels Act, 1988 has not been initiated before the commencement of the amendment to sub-section (1) of Section 1 of the said Act, such proceeding shall be continued and disposed of in the manner prescribed under the Provisions of the said Act and the Rules framed thereunder as if the amendment to sub-section (1) of Section 1 has not come into force." Part III – Amendments in Bihar Motor Vehicles Taxation Act, 1994 ------------------------------------------------------------------ ### 13. Repeal of the proviso to sub-section 3 of Section 5 of the Bihar Motor Vehicles Taxation Act, 1994. - The following proviso to sub-section 3 of Section 5 of the said Act is hereby repealed: - "Provided that no such increase shall, during any year exceed fifty per cent of the rate of taxes prescribed in the Schedules." ### 14. Substitution of the Part A and Part B of the Schedule I of the Bihar Motor Vehicles Taxation Act, 1994. - Part A and Part B of Schedule I of the Act shall be substituted by the following: - I --- Part A – Rate chart of one-time tax for Personal Vehicles ----------------------------------------------------------- [See sub-section(1) of Section 7] | | | | | | --- | --- | --- | --- | | Clause | SI. No. | Stages of Registration | Class of Motor Vehicles | | Motor Cycles | Motorcars and Omnibuses upto seating capacity of 12 used for personal use | | 1 | 2 | 3 | 4 | 5 | | A | | Upto one year of age at the time of registration or first registration | One time tax at the rate of 5% of cost of vehicle excluding sales tax | One time tax at the rate of 5% of cost of vehicle excluding sales tax | | B | | If the Motor vehicle is already registered and its age from the first registration is | Percentage of one time tax levied under Clause A Column(4) | Percentage of one time tax levied under Clause A-Column(5) | | | 1 | More than one year but not more than two years | 95% | 95% | | | 2 | More than two year but not more than three years | 90% | 90% | | | 3 | More than three year but not more than four years | 85% | 85% | | | 4 | More than four year but not more than five years | 80% | 80% | | | 5 | More than five year but not more than six years | 75% | 75% | | | 6 | More than six year but not more than seven years | 70% | 70% | | | 7 | More than seven year but not more than eight years | 65% | 65% | | | 8 | More than eight year but not more than nine years | 60% | 60% | | | 9 | More than nine year but not more than ten years | 55% | 55% | | | 10 | More than ten year but not more than eleven years | 50% | 50% | | | 11 | More than eleven year but not more than twelve years | 45% | 45% | | | 12 | More than twelve year but not more than thirteen years | 40% | 40% | | | 13 | More than thirteen year but not more than fourteen years | 35% | 35% | | | 14 | More than fourteen year but not more than fifteen years | 30% | 30% | | | 15 | More than fifteen year | 25% | 25% | I --- Part B – Chart Indicating the Rate of Refund for Personal Vehicles -------------------------------------------------------------------- [See sub-section (2) of Section 7] | | | | | --- | --- | --- | | SI. No. | Scale of Refund | Class of Motor Vehicles | | Motor Cycles | Motorcars and Omnibuses upto seating capacity of 12 used for personal use | | 1 | 2 | 3 | 4 | | | If after registration, cancellation of registration of the vehicle or its exit from the State takes place- | Refund of the tax paid as a percentage of one time tax levied under Schedule I Part A | Refund of the tax paid as a percentage of one time tax levied under Schedule I Part A | | 1 | Within one year | 95% | 95% | | 2 | After one year but within two years | 90% | 90% | | 3 | After two year but within three years | 85% | 85% | | 4 | After three year but within four years | 80% | 80% | | 5 | After four year but within five years | 75% | 75% | | 6 | After five year but within six years | 70% | 70% | | 7 | After six year but within seven years | 65% | 65% | | 8 | After seven year but within eight years | 60% | 60% | | 9 | After eight year but within nine years | 55% | 55% | | 10 | After nine year but within ten years | 50% | 50% | | 11 | After ten year but within eleven years | 45% | 45% | | 12 | After eleven year but within twelve years | 40% | 40% | | 13 | After twelve year but within thirteen years | 35% | 35% | | 14 | After thirteen year but within fourteen years | 30% | 30% | | 15 | After fourteen year | Nil | Nil | ### 15. Substitution of the sub serial no. (a) , (b), (c), (d) and (e) of serial no. 2 of Part-C of Schedule-I of the Bihar Motor Vehicles Taxation Act, 1994. - The Sub serial (a) , (b), (c), (d) and (e) of the serial no.-2 of Part-C of Schedule I shall be substituted by the following respectively: - | | | | --- | --- | | (a) Upto 1000 kgs registered laden | (i) One time tax of Rs.7700/- at weight capacity the time of registration in the State for a period of ten years from the date of first registration shall be levied for goods vehicles upto 1000 kg weight capacity: Provided that one time tax payable by such vehicles already registered shall be calculated after deducting the tax amount already paid before ten years: Provided further that no one time tax shall be payable if the vehicle has already paid more than Rs 7700/- as taxes. (ii) For goods vehicles more than ten years old a onetime tax of Rs 7700/ - for a period of every five years thereafter, shall be levied: Provided that one-time tax payable by such vehicles shall be calculated after deducting the tax amount already paid after the ten years period or fifteen years period as applicable: Provided further that no one-time tax shall be payable if the vehicle has already paid more than Rs 7700/- as taxes. | | (b) Exceeding 1000 kgs. but not exceeding 3000 kgs. of registered laden weight capacity | (i) One time tax of Rs.5500/-per ton or part thereof at the time of registration for a period of ten years from the date of first registration shall be levied on goods vehicles registered upto 1001 to 3000 kg weight capacity: Provided that one time tax payable by such vehicles already registered shall be calculated after deducting the tax amount already paid before ten years: Provided further that no one time tax shall be payable if the vehicle has already paid more than Rs 5500/- per ton or part thereof as taxes. (ii) For vehicles more than ten years old a one-time tax of Rs 5500/- per ton or part thereof for a period of every five years thereafter shall be levied: Provided that one-time tax payable by such vehicles shall be calculated after deducting the tax amount already paid after the ten years period or fifteen years period as applicable: Provided further that no one- time tax shall be payable if the vehicle has already paid more than Rs 5500/- per ton or part thereof as taxes. | | (c) Exceeding 3,000 kgs. but not exceeding 16,000 kgs. of registered laden weight capacity. | Rs 700/- per ton or part thereof | | (d) Exceeding 16,000 kgs. but not exceeding 24,000 kgs. of registered laden weight capacity. | Rs 600/- per ton or part thereof | | (e) Exceeding 24,000 kgs. of registered laden weight capacity. | Rs 500/- per ton or part thereof | ### 16. Repeal of serial no.1 of Schedule II of the Bihar Motor Vehicles Taxation Act, 1994. - Serial no.1 of Schedule II is hereby repealed.

65ba51caab84c7eca86eaf0c

acts

State of Tamilnadu- Act ------------------------- Tamil Nadu Motor Vehicles Taxation Rules, 1974 ------------------------------------------------ TAMILNADU India Tamil Nadu Motor Vehicles Taxation Rules, 1974 ================================================ Rule TAMIL-NADU-MOTOR-VEHICLES-TAXATION-RULES-1974 of 1974 ------------------------------------------------------------ * Published on 1 April 1974 * Commenced on 1 April 1974 Tamil Nadu Motor Vehicles Taxation Rules, 1974 Published vide Notification No. G.O. Ms. No. 816, dated 1st April 1974 - No. Sro A-III (a) /74 G.O. Ms. No. 816. - In exercise of the powers conferred by sections 4, 5, 8, 13, 15 and sub-section (1) of section 24 of the Tamil Nadu Motor Vehicles Taxation Act, 1974 (Tamil Nadu Act 13 of 1974), the Governor of Tamil Nadu hereby makes the following rules:- ### 1. Short title extent and commencement. (a) These Rules may be called the Tamil Nadu Motor Vehicles Taxation Rules, 1974. (b) They extend the whole of the State of Tamil Nadu. (c) They shall come into force on the 1st April 1974. ### 2. Definitions. - In these rules, unless there is anything repugnant in the subject or context, - (a) "Act" means the Tamil Nadu Motor Vehicles Taxation Act, 1974 (Tamil Nadu Act 13 of 1974). (aa) [ "Cost of Vehicle" means the total price paid at the time of purchase as ascertained from the authorised dealer or manufacturer as the case may be. [Sro A-38(d) /03: G.O. Ms. No. 650, Home (Transp.), dated the 31st July 2003.] and in the case of vehicle imported from outside India, it means the total price as evidenced from the bill of entry for home consumption.] (b) "Government" means the Government of Tamil Nadu. (c) "Motor Vehicles Act" shall have the same meaning as defined under sub-section (5) of section 2 of the Act. (d) "Passenger" for the purposes of these rules means "passenger" as defined in the Tamil Nadu Motor Vehicles Rules, 1940. ### 3. [ Motor Vehicles deemed to be kept for use in the State of Tamil Nadu. [Substituted by SRO A-14 of 1994.] - For the purpose of sub-section (1) of section 3 of the Act, a motor vehicle shall be deemed to be kept for use in the State of Tamil Nadu - (a) In the case of non-transport vehicle and transport vehicle exempted from permit under sub-section (3) of section 66 of the Motor Vehicles Act, so long as the registration of the vehicle remains on the records of any registering authority of this State without having been transferred to the records of the registering authority of any other State under the provisions of sub-section (2) of section 47 or section 49 of the said Act; (b) in the case of non-transport vehicle and transport vehicle exempted from permit under sub-section (3) of section 66 of the Motor Vehicles Act registered in any other State, if it remains in this State for a period exceeding four weeks; (c) in the case of transport vehicle other than those referred to in clauses (a) and (b) above, so long as the vehicle is covered by permit or counter-signature of permit issued by any transport authority in this State or covered by permit granted in any other State and valid in this State by virtue of rules made under clause (x) of sub-section (2) of section of the Motor Vehicles Act: Provided that imported vehicles acquired by the State Trading Corporation of India and kept in its godown for resale shall not be deemed to be kept for use in this State. Provided further that a vehicle which is seized and detained by any Court or Government or authority empowers to seize or detain shall not be deemed to be kept for use in this State and such seizure or detention shall be certified by such Court or Government or authority. (d) [ The imported vehicles acquired by the State Trading Corporation and kept in its godowns for resale shall not be deemed to be kept or used in this State, provided that these vehicles shall not be put on public road use as motor vehicles under any circumstances till the ownership of such vehicle is changed.] (e) [ a vehicle which is seized and detained by any Court or Government Department who are empowered for use in this State, and such seizure or detention shall be certified by such Court or Government Department or other authority subject to Physical Verification Report on such vehicle by the Transport Department Officials on the non-use of the vehicle in public road during the period of seizure or detention.] [Substituted by G.O. Ms. No. 636, Home (Transport I), dated the 16th April 1996 (SRO A 66/96).] (f) [ a vehicle which is seized and detained by any financial institution owned by the Government shall not be deemed to be used or kept for use in this State and such seizure or detention shall be certified by that financial institution of the Government specifying the duration of such detention and subject to Physical Verification of such vehicle by the Transport Department Officials on the non-use of the vehicle in public road during the period of detention;] [Substituted by G.O. Ms. No. 636, Home (Transport I), dated the 16th April 1996 (SRO A 66/96).] (g) a vehicle met with an accident and issued with CFX Notice by the Transport Department Officials subject to the revocation of the same by the common authority of the Transport Department shall not be deemed to be used or kept for use in this State. (h) a vehicle which is dismantled and sold as scrap, subject to the prior permission obtained from the competent authority before dismantling and selling as scrap and also subject to the certificate of non use of the vehicle on public road issue by the officials of the Transport Department shall not be deemed to be used or kept for use in this State; (i) a vehicle which is reportedly involved in a theft case, subject to the certificate issued by the Police department shall be deemed to be used or kept for use in this State; and (j) a vehicle for which permission as required under sub-rule (6) of rule 172 of the [Tamil Nadu Motor Vehicle Rules, 1989, was obtained from the concerned transport authority shall not be deemed to be used or kept for use in this State.] [Substituted by G.O. Ms. No. 636, Home (Transp. I), dated the 16th April 1996 (SRO A 66/96).] ] ### 3A. [ Mode of payment of tax. [Inserted by G.O. Ms. No. 1459 Home (Transp. I) dated 19-8-92: SRO A 127/92.] - [(1) The tax levied under section (4) of the Act shall be paid by cash or crossed bank draft or crossed bankers cheque or through Indian postal orders]. (2) The tax levied under Section 6 of the Act shall be paid in the following manner, namely: Table | | | | --- | --- | | (1) At check posts and at the time of checking the vehicle | by cash of bank draft or bankers cheque in the case on non-transport vehicles. | | (2) In other case | by crossed bank draft or bankers cheque in the case of transport and non-transport vehicles. | Provided in the case of departments and undertakings of the State Government and Central Government, the tax levied under Sections 4 and 6 of the Act may also be paid by means of cheque [drawn on any branch of a bank which is within the jurisdiction of the Regional Transport Officer concerned] [Added by G.O. Ms. No. 506, Home (Transp.) dated 20-3-1991: SRO A 75/91.] and the grant of licence on its basis shall not absolve the department/undertaking of the liability to pay penalty under rule 8 in the case of the cheque is returned by the bank without realisation for any reason whatsoever.] ### 3B. [ Mode of Payment of Green Tax. [Inserted by G.O. Ms. No. 650 Home (Transp. I), dated the 31st July 2003 (SRO A 38(d) /103).] - The tax levied under section 3-A of the Act shall be paid by cash or crossed bank draft or crossed bankers cheque.] ### 4. Authorities competent to fix tax. - The officers mentioned in column (1) of the table below shall be the authorities competent to assess the tax payable in respect of the motor vehicles specified in column (2) thereof in their respective jurisdiction. Table | | | | --- | --- | | (1) Regional Transport Officer | Non-transport vehicles and transport vehicles other than those covered by permits issued by the State Transport Authority. | | (2) Joint Regional Transport Officer | | (3) Personal Assistant to the Regional Transport Officer. | | Secretary to State Transport Authority, Assistant Secretary to State Transport Authority. | Transport vehicles covered by the permits issued by the State Transport Authority and transport vehicles of other States having counter-signature in Tamil Nadu. | ### 5. [ Recording of certificate of registration. [Substituted by G.O. Ms. No. 748 Home (Transport I), dated the 2nd April 1981 (SRO A 120/81).] (a) In the case of transport vehicles, the assessing authority under rule 4 shall record in the certificate of registration, the amount of tax payable and also the place at which the tax so assessed shall be paid. (b) The owner of a transport vehicle shall, whenever there is variation of the conditions of permit covered by such vehicle involving alteration of the seating capacity of such vehicle or change in the classification of service or change in the weight laden in respect of goods vehicle or whenever there is any general increase of tax, make an application with the certificate of registration to the tax assessing authority concerned for recording the amount of tax payable in respect of that vehicle. (c) Notwithstanding anything contained in sub-rules (a) and (b) above, the difference of tax payable, if any, consequent on the recording of the amount of tax payable by the assessing authority shall be paid from the date on which the variation of condition of the permit is given effect or the date of general increase of tax, as the case may be, whether or not the tax so levied is recorded in the certificate of registration.] ### 6. Form of licences. - The licences and certificate referred to in sub-section (1) of section 5 and section 6 of the Act shall be as specified in the Schedule to these rules. ### 7. Period within which the tax shall be paid. - The tax due under the Act in respect of the class of vehicle specified in the column (1) of the Table below and kept or used in the State of Tamil Nadu shall be paid either before or within such period mentioned in the corresponding entries in column (2) thereof. [Table] [Substituted by G.O. Ms. No. 1321, Home (Transport I), dated the 29th September 1999 (SRO A 78/99).] | | | | --- | --- | | Class of Vehicles | Period | | 1 | 2 | | (i) Invalid Carriages | 1st to 10th April of every year in the case of annual tax and 1st to 30th April in the case of payment of life time tax | | (ii) Motor Cycles including Tri-cycles and scooters | | (iii) Motor cars including trailers attached to motor cars. | | (iv) Omni buses not covered by contract carriage permits | | (v) Transport Vehicles | Not less than 7 days prior to the commencement of the quarter or half-year or annual, as the case may be, up to and inclusive the 15th May, 14th August, 14th November and 14th February every year, respectively. | Explanation. - In respect of newly registered motor vehicles, life time tax shall be paid at the time of registration. (2) In respect of motor vehicles purchased at any time [within the quarter, half-year] [Substituted by G.O. Ms. No. 1717 Home (Transport I), dated the 30th November 1993 (SRO A 177/93).] or year and in case of vehicles other than non-transport vehicles brought to this State on purchase, tax shall be paid within three days from the date of registration of the vehicle or from the date on which delivery was taken, whichever is later. (3) [ In respect of motor vehicles falling under [Home Departments notification No. II (2)/H.O./47 85/89, dated 20th July 1989,] [SRO A 117/85.] the tax shall be paid on or before the day on which the vehicle is to be put on road.] ### 8. [ Penalty for non-payment of tax within the time prescribed. [Substituted by G.O. Ms. No. 1717 Home (Transport I), dated the 30th November 1993 (SRO A 177/93).] (1) If the tax due under sub-section (1) of section 3 of the Act, in respect of a Motor Vehicle has not been paid within the period specified in sub-rule (1) of Rule 7 or by an order issued under the proviso the said sub-rule (1) the registered owner or the person having possession or control thereof shall pay a penalty under section 15 of the Act [as specified in Table 1 in relation to the payment of quarterly tax, in] Table 2 in relation to the payment of half-yearly tax and in Table 3 in relation to the payment of annual tax. Table 1 | | | | --- | --- | | Period | Amount of penalty | | 1 | 2 | | (1) Within 15 days after the expiry of the period stipulated as per section 8 of the Act. | One-fourth of the quarterly tax or any part of such tax remaining due. | | (2) Beyond 15 days and within 45 days after the expiry of the period stipulated as per section 8 of the Act. | One-half of the quarterly tax or any part of such tax remaining due. | | (3) Beyond 45 days after expiry of the period stipulated as per section 8 of the Act. | The amount of quarterly tax or any part of such tax remaining due. | Table 2 | | | | --- | --- | | Period | Amount of penalty | | 1 | 2 | | (1) Within 15 days after the expiry of the period stipulated as per section 8 of Act. | One-eighth of the half-yearly tax or any part of such tax remaining due. | | (2) Beyond 15 days and within 45 days after the expiry of the period stipulated as per section 8 of the Act | One-fourth of the half-yearly tax or any part of such tax remaining due. | | (3) Beyond 45 days after the expiry of the period stipulated as per section 8 of the Act. | One-half of the half-yearly tax or any part of such tax remaining due. | Table 3 | | | | --- | --- | | Period | Amount of penalty | | 1 | 2 | | (1) Within 15 days after the expiry of the period stipulated as per section 8 of Act. | One-sixteenth of the annual tax or any part of such tax remaining due. | | (2) Beyond 15 days and within 45 days after the expiry of the period stipulated as per section 8 of the Act | One-eighth of the annual tax or any part of such tax remaining due. | | (3) Beyond 45 days after the expiry of the period stipulated as per section 8 of Act | One-fourth of the annual tax or any part of such tax remaining due. | ### 2. If the tax due under sub-section (1) of section 3 of the Tamil Nadu Motor Vehicles Taxation Act, 1974 (Tamil Nadu Act 13 of 1974), in respect of motor vehicles, referred to in sub-rule (2) of rule 7 has not been paid within the period prescribed in that sub-rule the registered owner or the person having possession or control thereof, shall pay a penalty under section 15 of the Act as specified in the table below: [Table] [Substituted by G.O. Ms. No. 1717 Home (Transp. I), dated the 30th November 1993 (SRO A 177/93).] | | | | --- | --- | | Period | Amount of penalty | | 1 | 2 | | 1 | Within 15 days after the expiry of the period stipulated in sub rule (2) of rule 7 of the Tamil Nadu Motor Vehicles Taxation Rules, 1974. | One-fourth of the tax payable or any part of such tax remaining due; or one-eighth of the tax payable or any part of such tax remaining due; or one-sixteenth of the tax payable or any part of such tax remaining due, in respect of quarterly, half yearly or annual payment respectively. | | 2 | Beyond 15 days and within 45 days after the expiry of the period stipulated in sub-rule (2) of rule 7 of the Tamil Nadu Motor Vehicles Taxation Rules, 1974. | One-half of the tax payable or any part of such tax remained due; or one fourth of the tax payable or any part of such tax remaining due; or one eighth of the tax payable or any part of such tax remaining due, in respect of quarterly, half yearly or annual payment respectively. | | 3 | Beyond 45 days after the expiry of the period stipulated in sub-rule (2) of rule 7 of the Tamil Nadu Motor Vehicles Taxation Rules, 1974. | The amount of tax payable or any part of such tax remaining due; or one-half of the tax payable or any part of such tax remaining due; or one-fourth of the tax payable or any part of such tax remaining due, in respect of quarterly, half-yearly, annual payment respectively" and | ### 3. If the tax due under sub-section (1) of section 3 of the Tamil Nadu Motor Vehicles Taxation Act, 1974 (Tamil Nadu Act 13 of 1974) in respect of motor vehicles, referred to in sub-rule (3) of rule 7 has not been paid within the period prescribed in that sub-rule the registered owner or the person having possession or control thereof, shall pay a penalty under section 15 of the Act as specified in the table below. [Table [Substituted by G.O. Ms. No. 1717 Home (Transport I), dated the 30th November 1993 (SRO A 177/93).] ] | | | | --- | --- | | Period | Amount of penalty | | 1 | 2 | | 1 | Within 15 days after the expiry of the period stipulated in sub rule (3) of rule 7 of the Tamil Nadu Motor Vehicles Taxation Rules, 1974. | One-fourth of the tax payable or any part of such tax remaining due; or one-eighth of the tax payable or any part of such tax remaining due; or one-sixteenth of the tax payable or any part of such tax remaining due, in respect of quarterly, half yearly or annual payment respectively. | | 2 | Beyond 15 days and within 45 days after the expiry of the period stipulated in sub-rule (3) of rule 7 of the Tamil Nadu Motor Vehicles Taxation Rules, 1974. | One-half of the tax payable or any part of such tax remained due; or one fourth of the tax payable or any part of such tax remaining due; or one eighth of the tax payable or any part of such tax remaining due, in respect of quarterly, half yearly or annual payment respectively. | | 3 | Beyond 45 days after the expiry of the period stipulated in sub-rule (3) of rule 7 of the Tamil Nadu Motor Vehicles Taxation Rules, 1974. | The amount of tax payable or any part of such tax remaining due; or one-half of the tax payable or any part of such tax remaining due; or one-fourth of the tax payable or any part of such tax remaining due, in respect of quarterly, half-yearly, annual payment respectively] | ### 9. Impounding of certificate of registration etc. for non-payment of tax. - Any inspecting officer having reason to believe that a transport vehicle has been or is being used with a permit rendered ineffective under section 18 of the Act, may impound the certificate of registration, the permit and such other documents as he may consider necessary. ### 9A. [ 1Sale of Vehicle seized and detained under section 18-A of the Act. [Added by G.O. Ms. No. 2678, Home (Transp. I), dated the 14th December 1998 (SRO A 9/89).] (1) The Regional Transport Officer of the Region, where the motor vehicle is seized or detained, is the authorised officer to sell such seized or detained motor in auction. (2) (a) The authorised Officer specified in sub-rule (1) shall issue notice to the registered owner or person in possession of the vehicle, by a registered post with acknowledgement due to produce the proof of tax due in respect of the vehicle within ninety days from the date of seizure and detention of the vehicle informing that failing which the vehicle will be sold in auction and shall intimate the fact of seizure to the authority also in the case of a transport vehicle. (b) If the tax is not paid, or proof for having paid the tax is not produced within the stipulated ninety days from the date of seizure and detention and after considering the objections, if any received the authorised officer shall proceed to sell the vehicle in public auction, after passing a self contained order. (c) The authorised officer shall cause a proclamation of the intended sale to be issued in Tamil and other languages stating therein : - (i) The place and time of sale (ii) The description of the vehicle intended to be sold. (iii) The amount of recovery of which the auction is ordered. (iv) Such other particulars as the authorised officer considers material for a purchaser to know to judge the nature and value of the vehicle. (d) The proclamation shall be published in a Tamil news paper having wide circulation in the area where the vehicle is detained and the costs of such publication shall be deemed to be cost of the sale. A copy of proclamation shall be affixed on a conspicuous place on the vehicle and on the notice boards of the office of the authorised officer and the office of the Regional Transport Officer by whom the permit was issued in the transport vehicle. (e) The authorised officer may in his discretion adjourn the sale to a specific day and hour recording reasons for such adjournment, provided that where the sale in adjourned for a longer period than thirty days fresh proclamation shall be made. (f) Twenty five percent of purchase money shall be paid within seven days from the date of sale, failure of making such payments, the vehicle shall be sold to the next highest bidder. (g) On payment of purchase money the authorised officer shall issue a receipt for the same and it shall become absolute. He shall also cause the vehicle to be delivered for the owner to the purchaser. (h) No officer or other person having any duty to perform in connection with the sale under this Act either directly or indirectly bid or acquire or attempt to acquire any interest in the vehicle to be sold. (i) Where the proceeds of the sale is more than the tax due and the expenses incidentals to the delivery of sale of the vehicles as provided in section 18-A of the Act, the authorised officer, shall return the amount to the registered owner or to the person having possession or control thereof immediately. If the proceed of the sale is less than the tax due and the expenses incidental to the sale of the vehicle, the authorised officer shall furnish certificate of recovery for the deficit amount of the tax due as on arrears of land revenue to the Collector or Revenue Officer of the District where the vehicles owner resides, as laid down under section 16 of the Act.] ### 10. Additional tax payable in respect of certain vehicles. (1) If a motor vehicle is so constructed that a trailer may, by partial super-imposition be attached to the vehicle in such a manner that a part of the weight of the trailer is borne by the vehicle, and if the vehicle cannot be used except in conjunction with the trailer, the vehicle and the trailer shall be deemed to be a goods vehicle, and be known as an articulated vehicle. (2) If such a goods vehicle is provided with more than one such trailer but is so constructed that only one such trailer can be used at a time it shall be deemed to be a goods vehicle with alternative bodies, taxation shall be chargeable in respect of the vehicle in combination with that trailer which has the greatest laden weight and no additional tax shall be chargeable in respect of the spare trailers. ### 10A. [ Appeal against the order of licensing officer. [Inserted by G.O. Ms. No. 506 Home (Transport I), dated the 20th March 1991 (SRO A 75/91).] - Where any person is aggrieved by an order of the licensing officer, he may, within thirty days from the date of receipt of such an order appeal to the Deputy Transport commissioner of the zone concerned.] ### 11. Refund of tax. - [In the case of a motor vehicle for which tax has been paid for any quarter, half year, or year, or life time as the case may be, but the vehicle has not been used in any public road for a continuous period of not less than one month with the above period, refund of tax paid for such period of non-use shall be made at the rates specified below subject to the provisions contained in rules 12, 14 and 15; and] [Substituted by G.O. Ms. No. 2150, Home (Transport I), dated the 7th October 1989 (SRO A 177/89).] | | | | --- | --- | | Particulars as to user of vehicle | Rate of refund | | 1 | 2 | | (a) | Where the vehicle is not used during any portion of the quarter or half year or year. | Tax paid for the quarter, half year, or year, as the case may be. | | (b) | Where the vehicle is not used during any calendar month or months | Number of calendar months of non-use X Amount of tax paid Number of calendar months for which tax was paid. | | (c) | Where life time tax is paid and where the vehicle is not used during any continuous period not less than one month. | Number of continuous months of non-use multiplied by the amount of life time tax paid divided by 120; | [Explanation. - The period of use of a Motor Vehicle on a public road without carrying any passengers, for the purpose of moving it from one Depot to another or one Workshop to another for carrying out repairs shall not be considered as used on any public road and such period may be taken into account for computing the period for which the vehicle has not been used in Public road.] [Added by G. O. Ms. No. 2678, Home (Transport I), dated the 14th December 1998 (SRO A 9/89).] Conditions (i) Taxation licence shall be surrendered to the proper authority within three days of the date of issue of the licence in the case of refund of tax for the first month of the quarter/half-year/year for which tax was paid, and for any subsequent month or months within three days from the commencement of the month. (ii) The licence shall be surrendered to the Secretary to the Regional Transport Authority of the region. (iii) No refund shall be made in case where the tax is paid only after its non-payment has been detected or after a prosecution or other proceeding has been instituted in respect of such non-payment. (iv) No refund of tax shall be allowed in respect of a vehicle for a period during which it was detained for contravention of any provision of any law by-law, rule or order made thereunder prohibiting or regulating the transport of goods or passengers or persons. (v) No refund of tax shall be allowed in respect of a transport vehicle for the period during which the vehicle was off the road unless :- (a) the non-use of the vehicle has been intimated in writing (by Registered post with acknowledgement due) together with the reasons for such non-use and details of the place where the vehicle is garaged on or before the date of stoppage of the vehicle to the Secretary to the Regional Transport Authority of the region. (b) Registration certificate, tax licence and permit, if any, in respect of the vehicle or where such documents are seized or retained by any authority, a certificate obtained from the concerned authority for having seized or retained the documents, has been surrendered to the Secretary to the Regional Transport Authority of the region on or before the date of stoppage of the vehicle. (vi) No refund shall be permissible for the non-use of the vehicle for part of a month. (vii) where tax is paid by mistake or in excess, the tax so paid or collected shall be refunded to the registered owner of the vehicle, on application made to the Regional Transport Authority of the region concerned in writing with a Court fee stamp to the value of Rs. 2 provided such application is made within thirty days of such payment. Explanation 1. - An application for refund may be preferred to the Secretary to the Regional Transport Authority of the region. The Regional Transport Authority shall be the competent authority to sanction the refund. Explanation 2. - An appeal against the order of the Regional Transport Authority shall lie to the transport Commissioner, Madras, within thirty days, from the date of receipt of the order. ### 11A. [ [Inserted by G.O. Ms. No. 2150 Home (Transport I), dated the 7th October 1989 (SRO A 177/1989).] In the case of a non-transport vehicle for which life time tax has been paid, but the vehicle is removed permanently from this State on transfer of ownership or change of address or the registration of the vehicle has been cancelled on account of scrapping during the currency of the life time tax so paid the amount of tax to be refunded shall be the difference between the actual amount of life time tax paid and the amount calculated by multiplying the number of years for which the Motor Vehicle was actually used in the State of Tamil Nadu by the rate of annual Tax prevailed on the date on which refund is applied for. For computing the period of usage, any broken period less than one year shall also be treated as one year.] ### 12. Application for refund of tax. - Every application for refund of tax shall be made to the Regional Transport Officer concerned. ### 13. Authority for refund of tax. - The Regional Transport officer concerned shall be the authority competent to sanction the refund of tax. ### 14. Conditions for refund of tax. - No refund of tax shall be allowed unless the applicant satisfied the following conditions, namely: (a) Taxation licence shall be surrendered to the Regional Transport Officer concerned within three days from the date of issue of the licence in the case of refund of tax for the first month of the quarter/half year/year for which tax was paid and for any subsequent month or months within three days from the commencement of the month or within a reasonable period thereafter. (b) The non-use of tax vehicle shall be intimated in writing to the Regional Transport Officer concerned by Registered Post with acknowledgment due together with reasons for such non use and details of the place where the vehicle is garaged on or before the date of stoppage of the vehicle or within a reasonable period and shall thereafter surrender. (i) in the case of transport vehicles, the certificate of registration and permit; and (ii) in the case of the other motor vehicles, the tax token and where the documents are seized or retained by any authority, a certificate obtained from the [authority concerned] [Added by G.O. Ms. No. 330 Home (Transp. I), dated the 13th February 1990 (Sro A 36/90).] for having seized or retained the documents. [Provided that the conditions laid down this rule shall apply to a Motor Vehicle belonging to a S.T.U. subject to the condition that it shall produce an undertaking along with the application for refund that it will produce the documents referred to therein before the disposal of the refund application.] [Added by G.O. Ms. No. 330 Home (Transp. I), dated the 13th February 1990 (Sro A 36/90).] Explanation I. - If any question arises as to whether or not the documents were surrendered within a reasonable period after the specified date, the decision of the refunding authority or the appellate authority as the case may be, shall be final. Explanation II. - In case where the report regarding non-use of the vehicle has actually been given in person and received by the Regional Transport Officer, the fact that non-receipt of such report by Registered Post with acknowledgment due need not be adduced as a ground rejecting the claim for refund of tax. ### 15. Refund of tax for part of a month. - No refund of tax shall be permissible for the non-use of the vehicle for less than a month. ### 16. Refund of tax paid by mistake or in excess. - Where tax is paid by mistake or in excess, the tax so paid or collected shall be refunded on application made to the Regional Transport Officer concerned. ### 17. Appeal for refund of tax. - Where any person is agreed by an order of a Regional Transport Officer refusing to refund the tax may, within thirty days from the date of receipt of such an order, appeal to the Deputy Transport Commissioner of the region concerned. [Provided that the Transport Commission shall have power to transfer any appeal from the file of a Deputy Commissioner of one region to the file of Deputy Commissioner of another resign if for any reason it is considered necessary in the interest of administration of natural justice.] [Added by G.O. Ms. No. 852 Home (Transport I), dated the 21st March 1980 (SRO A 134/80).] ### 18. Revision. - The Transport Commissioner, may, either on his own motion or on application made to him, call for the records of any case in which an order has been made by a Deputy Transport Commissioner under rule 17 and if it appears to the Transport Commissioner that such order is improper or illegal, he may pass such order in relation to the case as he deems fit: Provided that the Transport Commissioner shall not pass an order under this rule prejudicial to any person without giving him a reasonable opportunity of being heard. ### 19. [ Application for exemption and remission. [Rule 19 caption substituted by G.O. Ms. No. 2765 Home (Transp. I), dated the 20th December 1989 (SRO A 9/90).] - All application for exemption or concessional rate of tax and waiver of tax or penalty shall be sent to the Secretary to Government, Fort St. George, Chennai, through the Regional Transport Authority and the Transport Commissioner, Chennai. Such application shall be forwarded by the said authorities to Secretary to Government (Home) Department with their remarks.] ### 20. [ Circumstances or conditions for remission. [Rule 20 substituted by G.O. Ms. No. 2765 Home (Transport I), dated the 20th December 1989 (SRO A 9/90).] - Remission of tax or penalty or both shall be made under any of the following circumstances or conditions namely :- (i) Where there is an insecurable owner of motor vehicle tax due under the Act; or (ii) Where the Government considers to forgo any arrears of motor vehicle tax due under the Act on account of retrospective effective of a legislation, or order passed or notification issued [or for any other reason as the Government may deem it necessary]: Provided that in the case where due to incorrect fixation of tax the difference tax with penalty remains due the amount of penalty alone shall be remitted.] Schedule ---------- Form I [Form of Licences Under Section 5(1) (A) of the Tamil Nadu Motor Vehicles Taxation Act, 1974. [Form substituted by SRO A 258/82.] Expiring DatePermitFCIC Name and address of the registered owner or of person having possession and control of the vehicle. Sub-treasury Seal:] Licences under section 5( 1)(a) of the Tamil Nadu Motor Vehicles Taxation Act, 1974. [Form I] [Form substituted by SRO A 258/82.] Expiring DatePermitFCIC Name and address of the registered owner or of person having possession and control of the vehicle. Sub-treasury Seal: Form II New-Transport Vehicle. [Licence under section 5(1) (a) of the Tamil Nadu Motor Vehicles Taxation Act, 1974.] [Substituted by SRO A 258/82.] Name and address of the registered owner or of person having possession and control of the vehicle. Seal: The half-yearly licences shall be in the following forms : - [Licence under section 5(1) (a) of the Tamil Nadu Motor Vehicles Taxation Act, 1974 Form III Expiring DatePermitFCIC Name and address of the registered owner or of person having possession and control of the vehicle. Sub-treasury Seal:] [Substituted by SRO A 258/82.] [Licence under section S(1) (a) of the Tamil Nadu Motor Vehicles Taxation Act, 1974. Form III Expiring DatePermitFCIC Name and address of the registered owner or of person having possession and control of the vehicle. Sub-treasury Seal:] [Substituted by SRO A 258/82.] Form IV New-Transport Vehicle. [Licence under section 5(1) (a) of the Tamil Nadu Motor Vehicles Taxation Act, 1974. Name and address of the registered owner or of person having possession and control of the vehicle. Seal:] [Substituted by SRO A 258/82.] The annual licences shall be in the following forms :- [Licence under section 5(1) (a) of the Tamil Nadu Motor Vehicles Taxation Act, 1974. Form V Expiring DatePermitFCIC Name and address of the registered owner or of person having possession and control of the vehicle. Sub-treasury Seal:] [Substituted by SRO A 258/82.] [Licence under section 5(1) (a) of the Tamil Nadu Motor Vehicles Taxation Act, 1974. Form V Expiring DatePermitFCIC Name and address of the registered owner or of person having possession and control of the vehicle. Sub-treasury Seal:] [Substituted by SRO A 258/82.] Form VI New-Transport Vehicle [Licence under section 5(1) (a) of the Tamil Nadu Motor Vehicles Taxation Act, 1974.] [Substituted by SRO A 258/82.] Name and address of the registered owner or of person having possession and control of the vehicle. Seal: The temporary licences granted under clauses (a) ,(b) and (c) of section 6 the Act shall be in the following form. Form VII Licence granted under clauses (a) ,(b) and (c) section 6 of the Tamil Nadu Motor Vehicles Taxation Act, 1974. Name and address of the registered owner or of person having possession and control of the vehicle. Seal: The certificate in respect of motor vehicles not registered or deemed to be registered under the Tamil Nadu Motor Vehicle Taxation Act, 1974 (Tamil Nadu Act 13 of 1974), for recording that the tax has been paid for a specified quarter or quarters or that no tax is payable for any such vehicle, shall be in the following form: Form VIII Licence under section 5(1) (b) of the Tamil Nadu Motor Vehicles Taxation Act, 1974. Certificate referred to in sub-clause (1) of clause (b) of section 5 of the Tamil Nadu Motor Vehicles Taxation Act, 1974 in respect of motor vehicles not registered or deemed to be registered under the Tamil Nadu Motor Vehicles Taxation Act, 1974. | | | | --- | --- | | Description of the vehicle | Change of address | | Register number and distinguishing mark. | First Change- | | Name of maker. | Name (Block Capitals) | | Type of vehicle. | Address: | | Capacity | Station: | | Carrying seating | Licensing Officer | | Horse power. | | | Number of Cylinders. | | | Unladen weight. | | | Class under Schedule. | Second change- | | Station: | Address: | | Date | Station: | | Licensing Officer | Licensing Officer | | Name of the registered owner. | Third Change- | | (Block Capitals) | Name (Block Capitals) | | Address: | Address: | | Station: | Station: | | Date: | | | Licensing Officer | Licensing Officer | The tax due, viz., Rs........................................under the Tamil Nadu Motor Vehicles Taxation Act, 1974 in respect of vehicle referred to in this book has been collected at.................................................................for the period from ....................................................... to.................................................................... No tax is payable for quarter..................................................of 20..........................................................as the vehicle. | | | | --- | --- | | Date: | Regional Transport Officer Licensing Officer. | Notifications Levy of Additional Surcharge, on tax in Respect of Stage Carriages of Fleet Operators Under Tamil Nadu Motor Vehicles Taxation Act [G.O. Ms. No. 790, Home (Transport) , dated the 14th March 1980 - No. II (2)/HO/1186(a)/80] In exercise of the powers conferred by section 10-B of the Tamil Nadu Motor Vehicles Taxation Act, 1974 (Tamil Nadu Act 13 of 1974), the Governor of Tamil Nadu hereby levies for the year commencing on the 1st April 1979 and ending with the 31st March 1980 an additional surcharge on the tax at sixty-six per cent in respect of stage carriages kept or used by fleet operators. The additional surcharge so levied shall be paid within thirty days from the date of publication of this notification. This notification shall be deemed to have come into effect from the 1st April 1979. Reduction of Tax Payable by Public Carrier Goods Vehicles Having National Permits Under Tamil Nadu Motor Vehicles Taxation Act [G.O. Ms. No. 2685, Home (Transport-VI), dated the 24th September 1986 - No. II (2) /HO/6834 (a)/86] In exercise of the powers conferred by section 20 of the Tamil Nadu Motor Vehicles Taxation Act, 1974 (Tamil Nadu Act 13 of 1974), and in supersession of the Home Department Notification No. II(2) /HO/ 3266/86 dated the 28th April 1986, published at page 396 in Part II-section 2 of the Tamil Nadu Government Gazette, dated the 21st May 1986, the Governor of Tamil Nadu hereby reduces the tax payable under the said Act in respect of any pubic carrier goods vehicle registered in a State or in an Union Territory, other than the State of Tamil Nadu and authorised to ply in the State of Tamil Nadu, under a National permit granted by the appropriate authority of the State in pursuance of sub-section (11) of section 63 of the Motor Vehicles Act, 1939 (Central Act IV of 1939) to Rs. 1,500 (Rupees one thousand and five hundred only) and Rs. 750 (Rupees seven hundred and fifty only) respectively per annum per vehicle irrespective of the laden weight of the vehicle. (i) The tax aforesaid shall be paid on or before the 15th March of every year or, in two equal installments, the first instalment before the 15th March of every year for the period April to September and the second instalment before the 15th September (of the current financial year) for the period October to March. (ii) Where the authorisation in respect of the National permit is granted at any time after the first quarter of the financial year, the tax shall be assessed on prorata basis for the remaining quarters of the financial year, including the quarter in which, such authorisation is granted. Exemption of All Motor Vehicles other than Transport Vehicles Registered in Other States from Payment of tax Under Tamil Nadu Motor Vehicles Taxation Act [G.O. Ms. No. 2716, Home (Transport-I), dated the 19th December 1988 - No. II (2) /HO/70/89] In exercise of the powers conferred by clause (1) of section 3 of the Tamil Nadu Motor Vehicles Taxation Act, 1974 (Tamil Nadu Act 13 of 1974), the Governor of Tamil Nadu hereby exempts from the payment of tax, all motor vehicles other than Transport Vehicles which are registered in other States but have entered this State for a period not exceeding four weeks subject to the conditions that - (a) the entry of such vehicle into this State neither as a result of change of address or place of business as provided for in section 30 nor as a result of transfer of ownership to a person in the state of Tamil Nadu as provided for in section 34 of the Motor Vehicles Act; and (b) in respect of such vehicle the quarterly, half yearly, annual or one lump sum life time tax (by whatever name called) has already been paid in the other State or the payment of such tax has been exempted by that State. Reduction of Rate of Tax Payable by Certain Motor Vehicles Registered in Tamil Nadu [G.O. Ms. No. 1385, Home (Transport I), dated the 20th July 1989 - No. II(2) /HO/ 4795/89] In exercise of the powers conferred by clause (1) of section 20 of the Tamil Nadu Motor Vehicles Taxation Act, 1974 (Tamil Nadu Act 13 of 1974), and in supersession of the Home Department Notification No. II(2)/HO/1790/83, dated the 21st March 1983, published at page 300 of Part-II section 2 of the Tamil Nadu Government Gazette, dated the 13th April 1983, the Governor of Tamil Nadu hereby makes reduction in the rate of tax payable during the last two months of a quarter or during the second and subsequent months of a half year or a year in respect of motor vehicles registered in the State of Tamil Nadu as specified in the schedule below, subject to the following conditions namely : - Conditions ### 1. (i) The vehicle is used during the said period; or (ii) Temporary permit is issued pending grant of renewal of regular permit; or (iii) Temporary permit is issued under section 62 of the Motor Vehicles Act, 1939 (Central Act IV of 1939); or (iv) Replacement of an existing vehicle by another is allowed on a regular basis; (v) A fresh regular permit is granted; or (vi) The vehicle resumes service after stoppage for repairs. ### 2. The licence shall not be granted earlier than the last day of the month proceeding the month from which the vehicle is to be used. Schedule 2 ------------ (i) In respect of quarterly licence, proportionate tax at one third of the quarterly rate per month or part thereof. (ii) In respect of half yearly licence, proportionate tax at one sixth of the half yearly rate per month or part thereof. (iii) In respect of annual licence, proportionate tax at one twelfth of the annual rate per month or part thereof. Explanation. - The expression "motor vehicles registered in Tamil Nadu" shall include motor vehicles continuing to have registration mark of another State for the period allowed under section 29 of the Motor Vehicle Act, 1939 (Central Act IV of 1939). ### 2. The Notification hereby issued shall be deemed to have come into force on the 1st April 1974. Reduction In Rate Of Tax Payable In Respect Of Imported Motor Vehicles Under Tamil Nadu Motor Vehicles Taxation Act [G.O. Ms. No. 739, Home (Transport A), dated the 4th April 1990 - No. II(2) /HO/l973/90] In exercise of the powers conferred by clause (1) of section 20 of the Tamil Nadu Motor Vehicles Taxation Act, 1974 (Tamil Nadu Act 13 of 1974), the Governor of Tamil Nadu hereby reduces, with effect on and from the 1st April 1989, the tax in respect of imported motor vehicles which were imported during the year 1974 or before, to the rate as applicable to the similar Indian made motor vehicles payable as per columns (2) and (3) of Class 7 of the First Schedule of the said Act. Revised Rate of Levy of Surcharges in Respect of Stage Carriers Under Tamil Nadu Motor Vehicles Taxation Act, 1974 [G.O. Ms. No. 344, Home (Transport A), dated the 27th February 1991 - No. II (2) / HO/l535/91] In exercise of the powers conferred by section 10-A of the Tamil Nadu Motor Vehicles Taxation Act, 1974 (Tamil Nadu Act 13 of 1974), and in supersession of the Home Department Notification No. II (2) /HO/ 1609(c)/74 dated 1.4.1976 published at page 1 of Part II section 2 of Tamil Nadu Government Gazette Extraordinary dated 1.4.1976 as amended by the Home Department Notification No. II(2)/HO/1763(a)/76 dated 9.4.1976 published at page 7 of Tamil Nadu Government Gazette Extra ordinary dated 9.4.1976 the Governor of Tamil Nadu hereby levies the surcharge on the Tax mentioned in section (3) of the said Act on the class of stage carriage including the reserve stage carriages or spare buses falling under item (c) of Clause III of Class 2 of I Schedule to the said Act, specified in column (1) of the Table below at the rate specified in the corresponding entry in column (2) there of. Table | | | | --- | --- | | Class of Stage Carriage | Rate of surcharges per quarter per passenger the vehicle is permitted to carry | | 1 | 2 | | Services classified as express services including the reserved stage carriages or spare buses liable to be taxed at the rates applicable to express service. | Rs. 40 (Rupees forty only) | | Services other than express services including the reserve stage carriages or spare buses liable to be taxed at the rates applicable to services other than express services. | Rs. 35 (Rupees thirty five only) | ### 2. The notification hereby issued shall be deemed to have come into force on the 1st of April 1990. Modification Of Rate Of Tax On Goods Carriages Exceeding 13,000 Kgs In Weight Laden [G.O. Ms. No. 1699, Home (Transport A), dated the 13th November 1991 - No. II(2) / HO/5935(a)/91] In exercise of the powers conferred by sub-clause (b) of clause (1) section 20 of the Tamil Nadu Motor Vehicles Taxation Act, 1974 (Tamil Nadu Act 13 of 1974), and in supersession of the Home Department Notification No. II(2)/HO/5835/91, dated the 13th November 1991, published on page 660 of Part II-section 2 of the Tamil Nadu Government Gazette, dated the 13th November 1991, the Governor of Tamil Nadu hereby makes the modification in regard to the tax payable per quarter in respect of Goods Carriage exceeding 13,000 kgs. in weight laden, used or kept for use in the State of Tamil Nadu as specified in the table below :- Table | | | | --- | --- | | Class of vehicles | Quarterly tax | | 1 | 2 | | (a) | Goods Carriages exceeding 13,000 kgs. but not exceeding 15,000 kgs. in weight | Rs.2,190. laden kgs. in weight laden). | | (b) | Goods Carriages exceeding 15,000 kgs. in weight laden. | Rs.2,190 (plus Rs. 50 per every 250 kgs. or part thereof in excess of 15,000 | ### 2. The Notification hereby issued shall be deemed to have come into force on the 1st October 1991. Tamil Nadu Government Gazette Issue No. 5 Part II, Section 2 Page 54 [G.O. Ms. No. 67, Home (Transport A), dated the 10th January 1992 - No. II(2) / 576/HO/92] In exercise of the powers conferred by section 20(1) (b) of the Tamil Nadu Motor Vehicles Taxation Act, 1974 (Tamil Nadu Act 13/74), the Governor of Tamil Nadu hereby makes reduction in the rate of tax payable in respect of reserve stage carriage or a spare Bus mentioned in Para III of clause 2 of the first schedule to the said Act from the maximum payable per passenger for any regular stage carriage of the permit holder to three fourths of the maximum rate payable per passenger for any of the regular stage carriages of the permit holder. ### 2. The notification hereby issued shall come into force on 10/1/92. [G.O. Ms. No. 1122, Home (Transport A), dated the 10th July 1992] No. II(2) /HO/5422/92. - In exercise of the powers conferred by section 20(1) of the Tamil Nadu Motor Vehicles Taxation Act, 1974 (Tamil Nadu Act 13 of 1974), the Governor of Tamil Nadu hereby makes reduction in the rate of tax payable under the said Act with effect on and from 7th November 1990, in respect of Tourist Vehicles granted permit under section 88(a) of the Motor Vehicles Act, 1988 (Central Act 59 of 1988) by the authority of any State other than the State of Tamil Nadu at the rate specified in column (a) of the Table below for the period of use specified in the corresponding entries in column (1) thereof. Table | | | | --- | --- | | Period of use | Tax payable | | 1 | 2 | | 1 | Not exceeding 7 days | A sum equivalent to the 1/20th of the Quarterly Tax specified in the first schedule to Tamil Nadu Act 13/74. | | 2 | Exceeding 7 days but not exceeding 90 days. | A sum equivalent to l/3rd of the Quarterly Tax specified in the first schedule to Tamil Nadu Act 13/1974. | | 3 | Exceeding 30 days but not exceeding 90 days | A sum equivalent to the Quarterly Tax specified in the first Schedule to the Tamil Nadu Act 13/74. | The Tax shall be paid on entering the State of Tamil Nadu at the nearest cheek-post or any office of the Transport department, competent to receive the tax: Provided that the failure to pay the Tax shall entail the payment of penalty equal to the amount of Tax payable besides the Tax due. Reduction of tax in respect of goods vehicles of Andhra Pradesh, Karnataka, Kerala and pondicherry ply in the state of Tamil Nadu [G.O. Ms. No. 483, Home (Transport-VI), dated the 20th March 1993] No. II (2) /HO/1558(g)/93 . - In exercise of the powers conferred by clause (1) section 20 of the Tamil Nadu Motor Vehicles Taxation Act, 1974 (Tamil Nadu Act 13 of 1974), and in supersession of the Home Department Notification No. II(2)/HO/5688/88, published at page 769 of Part II-section 2 of the Tamil Nadu Government Gazette, dated the 19th October 1988, the Governor of Tamil Nadu hereby reduces with effect from the 1st April 1993 the tax payable to Rs. 1,500 (Rupees one thousand and five hundred only) per annum, in respect of goods vehicles of Andhra Pradesh, Karnataka, Kerala and Pondicherry, which ply in the State of Tamil Nadu with valid counter signature of permit in accordance with the reciprocal agreements entered into with the aforesaid States and published under sub-section (3-B) of section 63 of the Motor Vehicles Act 1939 (Central Act IV of 1939), subject to the following conditions, namely :- (1) The said Motor Vehicle tax of Rs. 1,500 (Rupees one thousand and five hundred only) shall be paid in advance in one lump sum before the 15th of April every year, failing which an additional sum of Rs. 100 (Rupees one hundred only) for each calendar month, or part thereof shall be paid as penalty, in addition to the aforesaid tax. (2) Where a fresh counter signature is granted after the first quarter of the financial year, the tax shall be paid on pro-rata basis for the remaining quarters, including the quarter in which such fresh counter-signature is granted. (3) The amount aforesaid shall be paid in favour of the Regional Transport Officer, authorised by the State Transport Authority, Tamil Nadu, Madras-5, by means of a crossed demand draft. (4) No refund of tax paid shall be made under any circumstances. (5) No separate tax need be payable in respect of a motor vehicle which replaces the existing motor vehicle during the course the financial year. (6) The bilateral tax of Rs. 1,500 for the year ending 31st March 1994 shall be paid within thirty days from the date of publication of this notification. [G. O. Ms. No. 655, Home (Transport-1), dated the 14th May 1993, No. II (2) / H0/2608/93J In exercise of the powers conferred by sub-section (1) of section 20 of the Tamil Nadu Motor Vehicles Taxation Act, 1974 (Tamil Nadu Act 13 of 1974) the Governor of Tamil Nadu hereby makes reduction in rate of Tax payable in respect of Motor Vehicles registered temporarily under section 43 of the Motor Vehicles Act, 1985 and specified in column (1) of the Table below at rates specified in column (2) thereof Table | | | | --- | --- | | Class of Motor Vehicle | Reduced rate of Taxes | | 1 | 2 | | 1 | Motor Vehicles specified under class (7) of the first schedule to the Act. | 1/2 of Annual rate of tax. | | 2 | Motor Vehicles specified in item (A) of the Second Schedule to the said Act. | 2 percent of the Life Time Tax | (2) The Tax so collected shall not be refundable nor shall it be adjustable in case of the vehicle being subsequently registered permanently in this State. Reduction in the Rate of Tax Under Paragraph II In Class 2 of the first Schedule to the Tamil Nadu Motor Vehicles Taxation Act [G.O. Ms. No. 724, Home (Transport I), 28th May 1993] No. II (2) /HO/2594 (f)/93. - In exercise of the powers conferred by clause (1) section 20 of the Tamil Nadu Motor Vehicles Taxation Act, 1974 (Tamil Nadu Act 13 of 1974), and in supersession of the Home Department Notification No. II(2)/HO/4331/91 published at page 524 of Part II-section 2 of the Tamil Nadu Government Gazette, dated the 14th August 1991, the Governor of Tamil Nadu hereby makes with effect on and from the 1st April 1993 reduction in rate of the tax payable : - (i) in respect of motor vehicle permitted to ply solely as contract carriages excluding the contract carriages belonging to the Tamil Nadu Tourism Development Corporation Limited and India Tourism Development Corporation Limited and to carry more than five person (other than the driver) from Rs. 2,000 (Rupees two thousand only) per seat per quarter to Rs. 1,000 (Rupees one thousand only) per seat per quarter; and (ii) in respect of contract carriages which are classified as "tourist vehicle" excluding the tourist vehicles belonging to the Tamil Nadu Tourism Development Corporation Limited and All India Tourism Development Corporation Limited from Rs. 2,000 (Rupees two thousand only) per seat per quarter to Rs. 500 (Rupees five hundred only) per seat per quarter. Modification Regarding Payment of Tax in Respect of Certain Stage Carriage Used or Kept for use in Tamil Nadu by Extending the Period [G.O. Ms. No. 1209, Home (Transport-I), dated the 8th August, 1995] No. II(2) /HO/3094/95. - In exercise of the powers conferred by clause (1) section 20 of the Tamil Nadu Motor Vehicles Taxation Act, 1974 (Tamil Nadu Act 13 of 1974), the Governor of Tamil Nadu hereby makes with effect on and from the 25th October 1984 modification in regard to the tax payable in respect of stage carriages used or kept for use in the State of Tamil Nadu by extending the period within which tax is to be paid upto and inclusive of the date specified in column (2) of the schedule below, for the quarter/half year specified in the corresponding entry in column (1) thereof :- Schedule 3 ------------ | | | | --- | --- | | Quarter/Half year | Date | | 1 | 2 | | 1 | Quarter/Half year commencing from the 1st October 1984 | 30th November 1994 | | 2 | Quarter commencing from the 1st April 1986. | 15th May 1986. | | 3 | Quarter commencing from the 1st July 1986. | 15th August 1986. | | 4 | Quarter/Half year commencing from the 1st October 1986 | 15th November 1986 | Reduction of tax on multi Axle vehicles under National Permit payable under Tamil Nadu Motor Vehicles Taxation Act. Appointment of Certain Officers to Exercise the Powers and Perform the Functions of the Licensing Offices Under Tamil Nadu Motor Vehicles Taxation Act [G.O. Ms. No. 912, Home (Transport-I), dated the 29th June 1999] No. II(2) /HQ/990/99. - Under clause (3) of section 2 of the Tamil Nadu Motor Vehicles Taxation Act, 1974 (Tamil Nadu Act 13 of 1974), and in supersession of the Home Department Notification No. II(2)/HO/4258/79, dated the 30th June 1979, published at page 385 in part II-section 2 of the Tamil Nadu Government Gazette, dated the 18th July 1979, the Governor of Tamil Nadu hereby appoints the officers specified in column (1) of the Table below, to exercise the powers and perform the functions of the Licensing Officer under the said Act in respect of the classes of motor vehicles specified in column (2) thereof in their respective jurisdiction. Exemption from Payment of Tax Payable in Respect of Motor Vehicles Belonging to Recognised Educational Institution of Southern States for Certain Period [G.O. Ms. No. 1226, Home (Transport-I), dated the 8th September 1999] No. II(2) /HO/1185/99. - In exercise of the powers conferred by clause (1) of section 20 of the Tamil Nadu Motor Vehicles Taxation Act, 1974 (Tamil Nadu Act 13 of 1974), the Governor of Tamil Nadu hereby makes exemption in regard to the tax payable in respect of motor vehicles belonging to the recognised educational Institutions of Southern States, for plying in the State of Tamil Nadu for a period not exceeding seven days, for the exclusive purpose of educational tour of the educational institution concerned on reciprocal basis, subject to the condition that the students, teachers and staff should carry, while travelling identification cards issued by the educational institution concerned. Payment of Proportionate Tax in Respect of the Existing Vehicles at the Time of Replacement by another Vehicle [G.O. Ms. No. 1255, Home (Transport I), dated the 16th September 1999] No. II(2) /HO/1186/99. - In exercise of the powers conferred by clause (1) section 20 of the Tamil Nadu Motor Vehicles Taxation Act, 1974 (Tamil Nadu Act 13 of 1974), and in supersession of the Home Department Notification No. II(2)/ HO/2221/77, dated the 18th April 1977, published at page 261 of Part II-section 2 of the Tamil Nadu Government Gazette, dated the 11th May 1977, the Governor of Tamil Nadu hereby makes Modifies in regard to the tax payable by a person, to the effect that where replacement of existing vehicle by another vehicle is proposed during the second month of the quarter, the tax payable in respect of the existing vehicle shall be the proportionate tax of one third of the quarterly rate, and where replacement of existing vehicle by another vehicle is proposed during the third months of a quarter, the tax payable in respect of the existing vehicle, shall be the proportionate tax of two-third of the quarterly rate. Modification of Tax Payable by Public Carrier Goods Vehicles Having National Permits Under Tamil Nadu Motor Vehicles Taxation Act [G.O. Ms. No. 1695, Home (Transport-III), dated the 24th December 1999] No. II (2) /HO/308(m-a)/2000. - In exercise of the powers conferred by clause (1) of section 20 of the Tamil Nadu Motor Vehicles Taxation Act, 1974 (Tamil Nadu Act 13 of 1974), and in supersession of the Home Department Notifications No. II(2)/ HO/5142(h)/93, dated the 5th November, 1993, published at page I of Part II-section 2 of the Tamil Nadu Government Gazette Extraordinary, dated 11th March 1994, the Governor of Tamil Nadu hereby modifies the tax payable under the said Act in respect of a goods carriage registered in a State other than the State of Tamil Nadu under a national permit granted in pursuance of sub-section (12) of section 88 of the Motor Vehicles Act, 1988 (Central Act 59 of 1988) by the appropriate authority of the other State and Union Territory as Rs. 3,000 (Rupees Three thousand only), respectively per annum, per vehicle, irrespective of the laden weight of the vehicle. (i) Provided that if any other State or Union Territory, as the case may be, levies composite tax at a higher rate in respect of a goods carriage registered in the State of Tamil Nadu and authorised to ply in any such other State or Union Territory, as the case may be under a national permit, the tax payable under the said Act in respect of a goods carriage registered in such State or Union Territory, as the case may be and authorised to ply in the State of Tamil Nadu under a national permit shall be at such higher rate. (ii) The composite tax shall be paid on the annual basis in one lump sum at the time of applying for national permit. (iii) Both the validity period of authorisation as specified in sub-rule 3 of rule 87 of the Central Motor Vehicles Rules, 1989 and the validity period of the composite tax should be concurrent. (iv) Option for subsequent period of authorisation not exceeding one year at a time, shall be exercised prior to fifteen days of the expiry of the existing authorisation along with the composite tax due to the States authorised. Where any composite tax remains unpaid on or before 15 (fifteen) days prior to the commencement of the subsequent authorisation period, an additional tax of Rs. 100 (Rupees one hundred only) per month or part thereof for each State shall be paid in addition to the above said composite tax. The period of payment of additional tax shall be reckoned from the date prior to fifteen days of expiry of existing authorisation. (v) The option exercisable by a national Permit holder either for inclusion of any New States or deletion of already authorised States in the authorisation shall be made fifteen days prior to the expiry of the existing annual period of authorisation and the annual period of composite tax payment. Failure to do so will entitle inclusion of any new state or deletion of already authorised State in the authorisation. (vi) In case, there is a difference in the rates of composite tax paid by the National Permit holder and the tax actually payable for any particular State, no fine shall be levied on him. (vii) The Composite tax shall be payable so long as the authorisation is valid. (viii) The composite tax once paid is not refundable under any circumstances. Notifications Increasing the Rate of Tax in Respect of Certain Classes of Vehicles Under the Said Act [G.O. Ms. No. 1184, Home (Transport-I), dated the 30th November 2001] Notification I No. II(2) /HO/892(f-2)/2001. - In exercise of the powers conferred by sub-section (2) of section 3 of the Tamil Nadu Motor Vehicles Taxation Act, 1974 (Tamil Nadu Act 13 of 1974), the Governor of Tamil Nadu hereby increases the rate of tax in respect of certain classes of vehicles specified in the First Schedule to the said Act, as specified in the Table below : - ### 2. This Notification shall come into force on the 1st December 2001. Table | | | | | | --- | --- | --- | --- | | Serial | Class of Vehicle Number | Existing rate of quarterly tax as per the schedule | Revised rate of quarterly tax | | 1 | 2 | 3 | 4 | | | 1. Goods carriage. - | | | | 1 | (a) Goods carriage hot exceeding 3,000 Kgs. in weight laden | 545.00 | 600.00 | | 2 | (b) Goods carriage exceeding 3,000 Kgs. but not exceeding 5,500 Kgs. in weight laden | 885.00 | 950.00 | | 3 | (c) Goods carriage exceeding 5,500 Kgs. but not exceeding 9,000 Kgs. in weight laden | 1355.00 | 1,500,00 | | 4 | (d) Goods carriage exceeding 9,000 Kgs. but not exceeding 12,000 Kgs. in weight laden | 1775.00 | 1930.00 | | 5 | (e) Goods carriage exceeding 12,000 Kgs. but not exceeding 13,000 Kgs. in weight laden | 1900.00 | 2100.00 | | 6 | (f) Goods carriage exceeding 13,000 Kgs. but not exceeding 15,000 Kgs. in weight laden | 2300.00 | 2500.00 | | 7 | (g) Goods carriage exceeding 15,000 Kgs. in weight laden | 2,300.00 (plus Rs. 50 per every 250 Kgs. and part thereof in excess of 15,000 Kgs. in weight laden.) | 2,500.00 (Plus Rs. 400 per every 1,000 Kgs. and part thereof in excess of 15,000 Kgs.in weight laden.) | | 5A. | Motor Vehicles Plying for hire and used for the transport of passengers and in respect of which permits have been issued under the Motor Vehicles Act (Central Act 59 of 1988) to carry in all - | | | | | (b) More than four persons but not more than six persons including the driver - | | | | 8 | (i) in respect of which tourist motor-cab permit has been issued | 1,000 (Annual Tax) (Rs. 5,000 for five years.) | 1,300 (Annual Tax) (Rs. 6,500 for five years.) | | 9 | (ii) in other cases (ordinary motor-cab metered taxi) | 500 | 800 | | | (Annual Tax) (Rs. 3.500 for five years.) | (Annual Tax) (Rs. 4,000 for five years.) | | | 2 | Motor vehicles plying for hire and used for the transport of passengers and in respect of which permits have been issued under the Motor Vehicles Act. | | | | 10 | I. Vehicles permitted to carry in all - (d) More than six persons but not more than thirteen persons including the driver in respect of which tourist motor-cab or tourist maxi-cab permit has been issued for every person other than the driver. | 175 | 250 | | II. | Vehicles permitted to ply solely as contract carriage and to carry more than five persons (other than driver) - | | | | 11 | For every person (other than the driver) which the vehicle is permitted to carry whether the contract carriage is classed as "Tourist Vehicle" or not. | 2000 | 3000 | | | 8. Motor vehicles, other than liable to tax under the foregoing provisions of this schedule weighing more than 3,000 kgs. unladen and covered by private transport vehicle permit and those in respect of which private service vehicle permit is required under the Motor Vehicles Act, 1988 (Central Act 59 of 1988)- | | | | 12 | (b) in other cases-For every person (other than the driver which the vehicle is permitted to carry) | 75 | 100 | Increasing the Rate of Tax Payable in Respect of Certain Motor Vehicles Under The Said Act [G.O. Ms. No. 1184, Home (Transport-1), dated the 30th November 2001] Notification II No. II(2) /HO/892 (f-3)/2001. - In exercise of the powers conferred by clause (2) of section 3 of the Tamil Nadu Motor Vehicles Taxation Act, 1974 (Tamil Nadu Act 13 of 1974), the Governor of Tamil Nadu hereby increases the rate of tax mentioned in column (2) of the Table below payable in respect of motor vehicles whether or not drawing a trailer or side car, at the time of first registration, specified in item (A) of the Second Schedule to the said Act, as specified in column (3) to the Table. ### 2. This Notification shall come into force on the 1st December 2001. Table | | | | | | --- | --- | --- | --- | | SI. No. | Classes of vehicle | Rate of tax as per Second schedule | Revised rate of tax | | 1 | 2 | 3 | 4 | | | | Rs. | Rs. | | 1 | Motor Cycles exceeding 50 c.c. but not exceeding 75 c.c. | 1310 | 1350 | | 2 | Motor Cycles exceeding 75 c.c. but not exceeding 170 c.c. | 1950 | 2000 | | 3 | Motor Cycles exceeding 170 c.c. | 2340 | 2500 | Exemption of Tax Payable in Respect of Non-Transport Motor Vehicles Used by the Disabled Soldiers and Officers of Defence Service for Certain Conditions Under Motor Vehicles Taxation Act [G.O. Ms. No. 162, Home (Transport I), dated the 26th February 2002] No. II(2) /HO/837(d)/2002. - In exercise of the powers conferred by sub-clause (a) of clause (1) of section 20 of the Tamil Nadu Act 13 of 1974) the Governor of Tamil Nadu hereby exempts to the tax payable under the said Act in respect of a non-transport (personal) motor vehicles owned and used by the disabled soldiers and officers of defence service with effect on and from 26-2-2002 subject to the following conditions, namely :- (i) The tax exemption is applicable to one Vehicle only if the individual possess two or more such vehicles. (ii) The tax exemption is not allowed to transport vehicles like Omini bus, maxi cab, motor cab and auto rickshaw. (iv) The tax exemption is allowed as long as the Vehicle is owned by the individual or till/life time, whichever is earlier and it is not allowed to the legal-heirs of such individuals. (v) Necessary entry in the disability certificate of the soldiers or officers of the Defence Services shall be made by the appropriate authority. Reduction of Tax Payable by the Operators of Mini Buses Plying in the Unserved Rural Areas of all Districts Except the Chennai Metropolitan Development Area Under Tamil Nadu Motor Vehicles Taxation Act [G.O. Ms. No. 279, Home (Training III), dated the 28th March 2002] No. II(2) /HO/313(d)/2002. - In exercise of the powers conferred by clause (1) of section 3 of the Tamil Nadu Motor Vehicles Taxation Act, 1974 (Tamil Nadu Act 13 of 1974), the Governor of Tamil Nadu hereby makes reduction in the rate of tax payable by the operators of Mini Buses plying in the unserved rural areas of all the districts except the Chennai Metropolitan Development Area from Rs. 360 (Rupees three hundred and sixty only) per seat per quarter to Rs. 250 (Rupees two hundred and fifty only) per seat per quarter for the period commencing on and from the 1st April 2002. Reduction in rate of Tax Payable in Respect of Motor Vehicles Registered Temporarily Under Tamil Nadu Motor Vehicles Taxation Act [G.O. Ms. No. 969, Home (Transport-I), dated the 16th October 2002] No. H(2) /HO/958/2002. - In exercise of the powers conferred by clause (1) of section 20 of the Tamil Nadu Motor Vehicles Taxation Act, 1974 (Tamil Nadu Act 13 of 1974), and in supersession of the Home Department Notification No. II/(2)/HO/2609/93 at page 552 in Part II - section 2 of the Tamil Nadu Government Gazette, dated the 2nd June 1993, the Governor of Tamil Nadu hereby makes reduction in the rate of the tax payable in respect of the motor vehicles registered temporarily under section 43 of the Motor Vehicles Act, 1988 (Central Act 59 of 1988) and specified in Column (1) of the Table below, at the rates specified in column (2) thereof : - Table | | | | --- | --- | | Class of Motor Vehicles | Reduced rate of Tax | | 1 | 2 | | 1 | Motor Vehicles specified in Part I of the Third Schedule to the said Act. | 2% of the Life time tax. | | 2 | Motor Cycles specified in item (A) of the Second Schedule to the said Act. | 2% of the Life time tax | ### 2. The tax so collected shall not be refundable nor shall it be adjustable in case of the vehicle being subsequently registered permanently in this State. ### 3. The notification hereby made shall be deemed to have come into force on the 2nd January 2001. Exemption of tax Payable in Respect of Twenty Contract Carriages Belonging to State Tourists Development Corporations of the Southern States Covered by Permits Granted on Reciprocal Basis Under Tamil Nadu Motor Vehicles Taxation Act [G.O. Ms. No. 1200, Home (TR VI), dated the 12th December 2002] No. H(2) /HO/28/2003. - In exercise of the powers conferred by clause (1) of section 20 of the Tamil Nadu Motor Vehicles Taxation Act, 1974 (Tamil Nadu Act 13 of 1974), the Governor of Tamil Nadu hereby exempts from payment of tax payable under the said Act in respect of 20 (twenty) contract carriages belonging to each of the State Tourist Development Corporations registered in the States of Karnataka, Andhra Pradesh, Kerala, Maharashtra, Goa and the Union Territory of Pondicherry plying in the state of Tamil Nadu and covered by permits granted under section 74 of the Motor Vehicles Act, 1988 (Central Act 59 of 1988) subject to the condition that the above said States shall give similar exemption from payment of tax in respect of the 20 (twenty) contract carriages belonging to the Tamil Nadu Tourism Development Corporation Limited, registered in the State of Tamil Nadu and covered by permits granted under the said section 74 of the Motor Vehicles Act, 1988 (Central Act 59 of 1988) to operate the said vehicles in the above said States. Provided that such exemption shall not be in respect of those vehicle plying, picking up and setting down passengers in the State of Tamil Nadu. Contiguous Areas of the City of Chennai as Comprising the Chennai Metropolitan Area [G.O. Ms. No. 1067, Home (Transport I), dated the 6th November 2006] No. II(2) /HO/547(b)/2006. - Under clause (4) of section 2 of the Tamil Nadu Motor Vehicles Taxation Act, 1974 (Tamil Nadu Act 13 of 1974) and in supersession of the Home Department Notification No. 11(2)1 HO/1835(h)/96, published at pages 1-12 in Part II - section 2 of the Tamil Nadu Government Gazette Extraordinary, dated the 2nd September 1996, the Governor of Tamil Nadu hereby specifies in the Schedule appended to this Notification, the contiguous areas of the City of Chennai as comprising the Chennai Metropolitan area :- | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | | District Name | Taluk Name | Firka Name | SI. No. | Running No. | Village No. | Village Name | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | | Kancheepuram | Tambaram | Alandur | 1 | 1 | 2 | Polichalur | | | | | 2 | 2 | 23 | Pamtnal | | | | | 3 | 3 | 35 | Hasthiriapuram | | | | | 4 | 4 | 21 | Pallavaram | | | | | 5 | 5 | 4 | Pallavaram Cantonment | | | | | 6 | 6 | 22 | Issa Pallavaram | | | | | 7 | 7 | 18 | Thirusoodam | | | | | 8 | 8 | 14 | Thalakkananjeri | | | | | 9 | 9 | 13 | Ullagaram | | | | | 10 | 10 | 16 | Moovarasampattu | | | | | 11 | 11 | 17 | Madipakkam | | | | | 12 | 12 | 19 | Nanmangalam | | | | | 13 | 13 | 20 | Nemilicheri | | | | | 14 | 14 | 18 | Koilambakam | | | | | 15 | 15 | 24 | Thiruneermalai | | Kancheepuram | Tambaram | Tambaram | 1 | 16 | 28 | Perungalathur | | | | | 2 | 17 | 29 | Mudichur | | | | | 3 | 18 | 31 | Erumbuliyur | | | | | 4 | 19 | 30 | Peerkankaranai | | | | | 5 | 20 | 27 | Tambaram | | | | | 6 | 21 | 26 | Kadapperi | | | | | 7 | 22 | 25 | Pulikoradu | | | | | 8 | 23 | 34 | Sittlapakkam | | | | | 9 | 24 | 33 | Selaiyur | | | | | 10 | 25 | 36 | Sembakkam | | | | | 11 | 26 | 37 | Rajakilpakkam | | | | | 12 | 27 | 38 | Gowriwakkam | | | | | 13 | 28 | 39 | Vengavassal | | | | | 14 | 29 | 54 | Madambakkam | | | | | 15 | 30 | 32 | Thiruvanjeri | | | | | 16 | 31 | 57 | Agaranthen | | | | | 17 | 32 | 56 | Vengapakkam | | | | | 18 | 33 | 55 | Kasapapuram | | Kancheepuram | Tambaram | Pallikaranai | 1 | 34 | 44 | Kotivakkam | | | | | 2 | 35 | 45 | Palavakkam | | | | | 3 | 36 | 47 | Neelankarai | | | | | 4 | 37 | 49 | Enjambakkam | | | | | 5 | 38 | 50 | Karapakkam | | | | | 6 | 39 | 48 | Okkiamthurappakkam | | | | | 7 | 40 | 43 | Perunkudi | | | | | 8 | 41 | 46 | Seevaram | | | | | 9 | 42 | 42 | Pallikaranai | | | | | 10 | 43 | 40 | Medavakkam | | | | | 11 | 44 | 41 | Jalladampettai | | | | | 12 | 45 | 52 | Perumbakkam | | | | | 13 | 46 | 53 | Sittalappakkam | | | | | 14 | 47 | 58 | Koilanjeri | | | | | 15 | 48 | 59 | Madurapakkam | | | | | 16 | 49 | 60 | Molacheri | | | | | 17 | 50 | 61 | Ottiambakkam | | | | | 18 | 51 | 62 | Arangalani | | | | | 19 | 52 | 63 | Semmanjeri | | | | | 20 | 53 | 51 | Sholinganallur | | | | | 21 | 54 | 64 | Uthandi | | Kancheepuram | Tambaram | Alandur | 1 | 55 | 6 | Nandampakkam | | | | | 2 | 56 | 7 | St. Thomas Moount | | | | | 3 | 57 | 8 | Alandur | | | | | 4 | 58 | 9 | Pamthivakkam | | | | | 5 | 59 | 10 | Adambakkam | | | | | 6 | 60 | 11 | Palavanthangal | | | | | 7 | 61 | 12 | Nanganallur | | | | | 8 | 62 | 5 | Meenambakkam | | | | | 9 | 63 | 3 | Cowl Bazzar | | | | | 10 | 64 | 1 | Anakaputhur | | Kancheepuram | Kancheepuram | Tnenneri | 1 | 1 | 158 | Kunnavakkam | | | | | 2 | 2 | 165 | Venbakkam | | | | | 3 | 3 | 157 | Thiruvengaranai | | Kancheepuram | Thiru-perum-budur | Mangadu | 1 | 4 | 68 | Mangadu | | | | | 2 | 5 | 70 | Paraniputhur | | | | | 3 | 6 | 69 | Chinnapanicheri | | | | | 4 | 7 | 84 | Periapanicheri | | | | | 5 | 8 | 72 | Ayyappanthangal | | | | | 6 | 9 | 71 | Srinivasapuram | | | | | 7 | 10 | 73 | Thelliagaram | | | | | 8 | 11 | 75 | Mowlivakkam | | | | | 9 | 12 | 76 | Madanandapuram | | | | | 10 | 13 | 74 | Kolathuvanjeri | | | | | 11 | 14 | 77 | Mugalivakkam | | | | | 12 | 15 | 78 | Manappakkam | | | | | 13 | 16 | 80 | Gerugambakkam | | | | | 14 | 17 | 79 | Kolapakkam | | | | | 15 | 18 | 85 | Kovur | | | | | 16 | 19 | 87 | Moonrankattalai | | | | | 17 | 20 | 86 | Sikkarayapuram | | | | | 18 | 21 | 67 | Kolamainvakkam | | Kancheepuram | Thiru-perum-budur | Kunrathur | 1 | 22 | 66 | Malayambakkam | | | | | 2 | 23 | 89 | Thirunageswaram | | | | | 3 | 24 | 90 | Venkatapuram | | | | | 4 | 25 | 65 | Kollacheri | | | | | 5 | 26 | 88 | Mananjeri | | | | | 6 | 27 | 84 | Rendankattalai | | | | | 7 | 28 | 83 | Thandalam | | | | | 8 | 29 | 81 | Tharapakkam | | | | | 9 | 30 | 91 | Kunnathur | | | | | 10 | 31 | 122 | Sirukalathur | | | | | 11 | 32 | 64 | Kavanur | | | | | 12 | 33 | 61 | Nandambakkam | | | | | 13 | 34 | 97 | Poonthandalam | | | | | 14 | 35 | 59 | Amadurmedu | | | | | 15 | 36 | 98 | Nallur | | | | | 16 | 37 | 93 | Palanthandalam | | | | | 17 | 38 | 94 | Erumaiyur | | | | | 18 | 39 | 92 | Thirumudivakkam | | Kancheepuram | Thiru-perumbudur | Thandalam | 1 | 40 | 49 | Sengadu | | | | | 2 | 41 | 48 | Kandamangalam | | | | | 3 | 42 | 50 | Mannur | | | | | 4 | 43 | 51 | Nemili | | | | | 5 | 44 | 57 | Irungattukkottai | | | | | 6 | 45 | 56 | Katrambakkam | | | | | 7 | 46 | 60 | Puduppair | | | | | 8 | 47 | 62 | Tharavur | | | | | 9 | 48 | 55 | Thandalam | | | | | 10 | 49 | 54 | Mevalurkuppam | | | | | 11 | 50 | 53 | Valarpuram | | | | | 12 | 51 | 52 | Kondavakkam | | Kancheepuram | Thiru-Perumbudur | Thiru Perumbudur | 1 | 52 | 117 | Gunduperumbedu | | | | | 2 | 53 | 139 | Nallamperumbedu | | | | | 3 | 54 | 115 | Maganyam | | | | | 4 | 55 | 140 | Alagur | | | | | 5 | 56 | 104 | Navalur | | | | | 6 | 57 | 116 | Vellari | | | | | 7 | 58 | 103 | Pillaippakkam | | | | | 8 | 59 | 118 | Oddankaranai | | | | | 9 | 60 | 104 | Kolathur | | | | | 10 | 61 | 102 | Vengadu | | | | | 11 | 62 | 101 | Irumbedu | | | | | 12 | 63 | 58 | Pennalur | | | | | 13 | 64 | 42 | Thiruperumpudur | | | | | 14 | 65 | 43 | Vadamangalam | | | | | 15 | 66 | 44 | Padicheri | | | | | 16 | 67 | 47 | Ayakolathur | | | | | 17 | 68 | 45 | Sirukiloy | | | | | 18 | 69 | 46 | Kiloy | | Kancheepuram | Thiru-perumbudur | Vallam | 1 | 70 | 39 | Mambakkam | | | | | 2 | 71 | 40 | Pondur | | | | | 3 | 72 | 41 | Irungulam | | | | | 4 | 73 | 120 | Araneri | | | | | 5 | 74 | 119 | kaduyanjeri | | | | | 6 | 75 | 63 | Sirukalathur | | | | | 7 | 76 | 121 | Vadagal | | | | | 8 | 77 | 123 | Valathanjeri | | | | | 9 | 78 | 124 | Vallam | | | | | 10 | 79 | 136 | Vaipur | | | | | 11 | 80 | 137 | Perinjiambakkam | | | | | 12 | 81 | 135 | Mathur | | | | | 13 | 82 | 126 | mettupalayam | | | | | 14 | 83 | 127 | Panruti | | Kancheepuram | Thiru-perumbudur | Sanguvar-Sathiram | 1 | 84 | 34 | Santahavelur | | | | | 2 | 85 | 37 | Sirumangadu | | | | | 3 | 86 | 33 | Molasur | | | | | 4 | 87 | 32 | Sogandi | | | | | 5 | 88 | 38 | Thirumangalam | | | | | 6 | 89 | 36 | Echur | | | | | 7 | 90 | 125 | Budanur | | | | | 8 | 91 | 35 | Kunnam | | Kancheepuram | Thiru perumbu-dur | Madura Mangalam | 1 | 92 | 23 Kandur | | | | | | 2 | 93 | 31 | Nandimedu | | Kancheepuram | Thiru perumbu-dur | Padappai | 1 | 94 | 95 | Naduveerapattu | | | | | 2 | 95 | 99 | Somangalam | | | | | 3 | 96 | 100 | Karunagaracheri | | | | | 4 | 97 | 96 | Puducheri | | | | | 5 | 98 | 111 | Varadajapuram | | | | | 6 | 99 | 108 | Manimangalam | | | | | 7 | 100 | 110 | Karasangal | | | | | 8 | 101 | 109 | Thundalkalani | | | | | 9 | 102 | 106 | Malaippattu | | | | | 10 | 103 | 107 | Sethupattu | | | | | 11 | 104 | 113 | Padappai | | | | | 12 | 105 | 143 | Athananjeri | | | | | 13 | 106 | 142 | Salamangalam | | | | | 14 | 107 | 141 | Narlambakkam | | | | | 15 | 108 | 114 Sirumathur | | | Kancheepuram | Thiru perumbu-dur | Serapananjeri | 1 | 109 | 129 | Elichur | | | | | 2 | 110 | 128 | Panayur | | | | | 3 | 111 | 131 | Vadakkuppattu | | | | | 4 | 112 | 132 | Badarvadi | | | | | 5 | 113 | 130 | Poondi | | | | | 6 | 114 | 134 | Oragadam | | | | | 7 | 115 | 133 | Sennakuppam | | | | | 8 | 116 | 155 | Valayakkaranai | | | | | 9 | 117 | 154 | Umayalparancheri | | | | | 10 | 18 | 152 | Vattambakkam | | | | | 11 | 119 | 156 | Nattarasampattu | | | | | 12 | 120 | 157 | Siruvanjur | | | | | 13 | 121 | 167 | Kavanur | | | | | 14 | 122 | 160 | Erivakkam | | | | | 15 | 123 | 159 | Kattuppakkam | | | | | 16 | 124 | 158 | Vadamelpakkam | | | | | 17 | 125 | 165 | Nellamangalam | | | | | 18 | 126 | 164 | Korukkarithangal | | | | | 19 | 127 | 166 | Keelakkalani | | | | | 20 | 128 | 112 | Adanur | | | | | 21 | 129 | 169 | Madambakkam | | | | | 22 | 130 | 168 | Kuthanur | | | | | 23 | 131 | 162 | Arambakkam | | | | | 24 | 132 | 163 | Ammanambakkam | | | | | 25 | 133 | 161 | Orathur | | | | | 26 | 134 | 153 | Kanchivakkam | | | | | 27 | 135 | 151 | Navalur | | | | | 28 | 136 | 149 | Serapananjeri | | | | | 29 | 137 | 148 | Panappakkam | | | | | 30 | 138 | 144 | Vanjuvanjeri | | | | | 31 | 139 | 150 | Vellerithangal | | | | | 32 | 140 | 147 | Karanilhangal | | | | | 33 | 141 | 146 | Thiruvamputheri | | | | | 34 | 142 | 138 | Koolangancheri | | | | | 35 | 143 | 145 | Kavalkalani | | Kancheepuram | Chengalpattu | Manamathi | 1 | 144 | 176 | Manamathi | | | | | 2 | 145 | 177 | Agaram | | | | | 3 | 146 | 184 | Amur | | | | | 4 | 147 | 186 | Adigamanallur | | | | | 5 | 148 | 185 | Porundavakkam | | | | | 6 | 149 | 183 | Panchanhiruthi | | | | | 7 | 150 | 167 | Pundi | | | | | 8 | 151 | 168 | Rayamangalam | | | | | 9 | 152 | 192 | Paiyanur | | Kancheepuram | Chengalpattu | Thiruporur | 1 | 153 | 105 | Thirpporur | | | | | 2 | 154 | 106 | Salavakkam | | | | | 3 | 155 | 104 | Kannagapaitu | | | | | 4 | 156 | 102 | Illalur | | | | | 5 | 157 | 103 | Sengadu | | | | | 6 | 158 | 109 | Thandalam | | | | | 7 | 159 | 110 | Edayankuppam | | | | | 8 | 160 | 115 | Kattur | | | | | 9 | 161 | 101 | Vembedu | | | | | 10 | 162 | 114 | Sembakkam | | | | | 11 | 163 | 111 | Madayathur | | | | | 12 | 164 | 112 | Chettipatturama yankuppam | | | | | 13 | 165 | 187 | Sirudavur | | | | | 14 | 166 | 188 | Alathur | | | | | 15 | 167 | 191 | Karungulipallam | | | | | 16 | 168 | 189 | Vengaleri | | | | | 17 | 169 | 46 | Thaiyur | | | | | 18 | 170 | 47 | Kayar | | Kancheepuram | Chengalpattu | Karumbakkam | 1 | 171 | 163 | Valarkundram | | | | | 2 | 172 | 125 | Reddikuppam | | | | | 3 | 173 | 164 | Mullipakkam | | | | | 4 | 174 | 123 | Puiluppai | | | | | 5 | 175 | 122 | Karumbakkam | | | | | 6 | 176 | 165 | Rayalpattu | | | | | 7 | 177 | 121 | Viralpakkam | | | | | 8 | 178 | 119 | Vengur | | | | | 9 | 179 | 93 | Perunthandalam | | | | | 10 | 180 | 94 | Hanumanthapuram | | | | | 11 | 181 | 95 | Dasirikuppam | | | | | 12 | 182 | 96 | Sirukundram | | | | | 13 | 183 | 97 | Mauderi | | | | | 14 | 184 | 118 | Melur | | | | | 15 | 185 | 116 | Kilur | | | | | 16 | 186 | 120 | Mailai | | | | | 17 | 187 | 117 | Kottamedu | | | | | 18 | 188 | 166 | Edakundram | | | | | 19 | 189 | 100 | Nellikuppam | | | | | 20 | 190 | 98 | Kondangi | | | | | 21 | 191 | 99 | Agaram | | Kancheepuram | Chengalpattu | Kelam-bakkam | 1 | 192 | 33 | Navalur | | | | | 2 | 193 | 34 | Egattur | | | | | 3 | 194 | 36 | Kuttukkadu | | | | | 4 | 195 | 37 | Kalipattur | | | | | 5 | 196 | 42 | Kelambakkam | | | | | 6 | 197 | 43 | Padur | | | | | 7 | 198 | 44 | Kovalam | | | | | 8 | 199 | 45 | Thiruvidanthai | | | | | 9 | 200 | 35 | Kanathur Reddikup-pam | | | | | 10 | 201 | 107 | Nemmeli | | | | | 11 | 202 | 108 | Krishnakaranai | | | | | 12 | 203 | 190 | Pattipulam | | | | | 13 | 204 | 193 | Saluvankuppam | | | | | 14 | 205 | 31 | Thalambur | | | | | 15 | 206 | 32 | Karani | | | | | 16 | 207 | 27 | Kilakottur | | | | | 17 | 208 | 24 | Melakottur | | | | | 18 | 209 | 29 | Mambakkam | | | | | 19 | 210 | 26 | Kolathur | | | | | 20 | 211 | 28 | Ponmar | | | | | 21 | 212 | 30 | Polacheri | | | | | 22 | 213 | 38 | Siruseri | | | | | 23 | 214 | 39 | Sonallur | | | | | 24 | 215 | 40 | Velichai | | | | | 25 | 216 | 41 | Pudupakkam | | Kancheepuram | Chengalpattu | Chengalpattu | 1 | 217 | 126 | Senneri | | | | | 2 | 218 | 91 | Anjur | | | | | 3 | 219 | 135 | Virapuram | | | | | 4 | 220 | 92 | Itchankaranai | | Kancheepuram | Chengalpattu | Palur | 1 | 221 | 63 | Vembakkam | | | | | 2 | 222 | 64 | Guruvanmedu | | | | | 3 | 223 | 73 | Kolathur | | | | | 4 | 224 | 62 | Dasirkunnathur | | | | | 5 | 225 | 61 | Appur | | | | | 6 | 226 | 58 | Thalimangalam | | | | | 7 | 227 | 59 | Perumalthangal | | | | | 8 | 228 | 60 | Senthamangalam | | | | | 9 | 229 | 71 | Chettipunyam | | | | | 10 | 230 | 72 | Venkatapuram | | | | | 11 | 231 | 69 | Sastramlambakkam | | Kancheepuram | Chengalpattu | Kattan kolathur | 1 | 232 | 50 | Kayarambedu | | | | | 2 | 233 | 79 | Gudalur | | | | | 3 | 234 | 54 | Potheri | | | | | 4 | 235 | 53 | Konathi | | | | | 5 | 236 | 52 | Thailavaram | | | | | 6 | 237 | 51 | Vallancheri | | | | | 7 | 238 | 56 | Kattankolathur | | | | | 8 | 239 | 55 | Ninnakkarai | | | | | 9 | 240 | 80 | Kadambur | | | | | 10 | 241 | 49 | Kalivanthapattu | | | | | 11 | 242 | 81 | Karumbur | | | | | 12 | 243 | 82 | Karunilam | | | | | 13 | 244 | 84 | Singaperumalkoil | | | | | 14 | 245 | 85 | Vinjiambakkara | | | | | 15 | 246 | 86 | Thirutheri | | | | | 16 | 247 | 87 | Pareri | | | | | 17 | 248 | 88 | Thenmelpakkam | | | | | 18 | 249 | 89 | Kachad imangalam | | | | | 19 | 250 | 90 | Kondamangalam | | | | | 20 | 251 | 83 | Sengundram | | | | | 21 | 252 | 78 | Chithamannur | | | | | 22 | 253 | 74 | Thirukatchur | | | | | 23 | 254 | 77 | Kilakkaranai | | | | | 24 | 255 | 75 | Panagottur | | | | | 25 | 256 | 76 | eramanur | | | | | 26 | 257 | 57 | Settamangalam | | Kancheepuram | Chengalpattu | Guduvancheri | 1 | 258 | 1 | Mannivakkam | | | | | 2 | 259 | 2 | Vandalur | | | | | 3 | 260 | 4 | Urapakkam | | | | | 4 | 261 | 8 | Ayyancheri | | | | | 5 | 262 | 3 | Kilambakkam | | | | | 6 | 263 | 9 | Nedugundram | | | | | 7 | 264 | 10 | Puthur | | | | | 8 | 265 | 12 | Unamancheri | | | | | 9 | 266 | 11 | Kolapakkam | | | | | 10 | 267 | 21 | Nallambakkam | | | | | 11 | 268 | 23 | Vengadamangalam | | | | | 12 | 269 | 22 | Ralhnamangalam | | | | | 13 | 270 | 20 | Kirapakkam | | | | | 14 | 271 | 25 | Murugamangalam | | | | | 15 | 272 | 5 | Guduvamcheri | | | | | 16 | 273 | 6 | Nandivaram | | | | | 17 | 274 | 7 | Karanipuducheri | | | | | 18 | 275 | 13 | Arungal | | | | | 19 | 276 | 15 | Kannivakkam | | | | | 20 | 277 | 16 | Pandur | | | | | 21 | 278 | 19 | Kumili | | | | | 22 | 279 | 14 | Perumattunallur | | | | | 23 | 280 | 48 | Kalvoy | | | | | 24 | 281 | 17 | Hasthinapuram | | | | | 25 | 282 | 18 | Ottivakkam | | Thiruvallur | Uthukkottai | Uthukkottai | 1 | 1 | 68 | Ellapuram | | | | | 2 | 2 | 67 | Sitharipakkam | | | | | 3 | 3 | 41 | Senjiagaram | | | | | 4 | 4 | 60 | Thandalam | | | | | 5 | 5 | 49 | Parthumanikuppam | | | | | 6 | 6 | 55 | Sirunai | | | | | 7 | 7 | 58 | Kilakaramannur | | | | | 8 | 8 | 59 | Thoodareddikuppam | | | | | 9 | 9 | 64 | Ellapuram | | Thiruvallur | Uthukkottai | Periya-palayam | 1 | 10 | 66 | Periyapalayam | | | | | 2 | 11 | 68 | Moongilpattu | | | | | 3 | 12 | 82 | Panappakkam | | | | | 4 | 13 | 65 | Rallapadi | | | | | 5 | 14 | 87 | Akkarapakkam | | | | | 6 | 15 | 88 | Thirunilai | | | | | 7 | 16 | 86 | Maduravasal | | | | | 8 | 17 | 85 | Panayanjeri | | | | | 9 | 18 | 83 | Velapakkam | | | | | 10 | 19 | 84 | Seeyanjeri | | | | | 11 | 20 | 69 | Vadamadurai (A, B & C Block) | | | | | 12 | 21 | 46 | Enambakkam | | | | | 13 | 22 | 47 | Melmaligaipattu | | Thiruvallur | Uthukkottai | Kanni-gaipair | 1 | 23 | 90 | Kannigaipair(S) | | | | | 2 | 24 | 90 | Kannigaipair(W) | | | | | 3 | 25 | 92 | Manjakaranai | | | | | 4 | 26 | 91 | Kurambakkam | | | | | 5 | 27 | 93 | Kottakuppam | | | | | 6 | 28 | 89 | Amidanallur | | | | | 7 | 29 | 79 | Neyveli | | | | | 8 | 30 | 94 | Annadanakakavakkam | | | | | 9 | 31 | 78 | Thirukandalam | | | | | 10 | 32 | 95 | Madavilagam | | | | | 11 | 33 | 77 | Pusivakkam | | | | | 12 | 34 | 75 | Alinijivakkam | | | | | 13 | 35 | 76 | Perumudivakkam | | | | | 14 | 36 | 80 | Alapakkam | | | | | 15 | 37 | 74 | Athivakkam | | | | | 16 | 38 | 73 | Athangikavanoor | | | | | 17 | 39 | 72 | Pagalmedu | | | | | 18 | 40 | 70 | Mamballam . | | Thiruvallur | Uthukkottai | Velakapuram | 14 | 41 | 28 | Velakapuram | | | | | 2 | 42 | 34 | Peruttivakkam | | | | | 3 | 43 | 38 | Vadathillai | | | | | 4 | 44 | 31 | Kalavai | | | | | 5 | 45 | 30 | Alapakkam | | | | | 6 | 46 | 24 | Meyyur | | | | | 7 | 47 | 32 | Edambedu | | | | | 8 | 48 | 20 | Vembedu | | | | | 9 | 49 | 26 | Gurupuram | | Thiruvallur | Gummudi-poondi | Elavoor | 1 | 50 | 50 | Periyaobulapuram | | | | | 2 | 51 | 51 | Elavoor 1 & 2 | | | | | 3 | 52 | 64 | Athupakkam | | | | | 4 | 53 | 67 | Valathulambedu | | | | | 5 | 54 | 65 | Melakkalini | | | | | 6 | 55 | 63 | Thervaji | | Thiruvallur | Guminudi-poondi | Poovalambedu | 1 | 56 | 16 | Poovalambedu | | | | | 2 | 57 | 17 | Sithurnatham | | | | | 3 | 58 | 18 | Amirthamangalam | | | | | 4 | 59 | 45 | Getanmalee | | | | | 5 | 60 | 43 | Kanulur | | | | | 6 | 61 | 29 | Thiruvayarkandigai | | | | | 7 | 62 | 19 | Chinnapuliyur | | | | | 8 | 63 | 33 | Seppedu | | | | | 9 | 64 | 32 | Manali | | Thiruvallur | Gummudi-poondi | Gummudi-poondi | 1 | 65 | 74 | Naduvanpallam | | | | | 2 | 66 | 79 | Kilmudalambedu 1 & 2 | | | | | 3 | 67 | 75 | Gummudippondi | | | | | 4 | 68 | 48 | Karumbakkam | | | | | 5 | 69 | 70 | Chinnasoliyambakkam | | | | | 6 | 70 | 81 | Melmudalambedu | | | | | 7 | 71 | 49 | Pappankuppam | | | | | 8 | 72 | 82 | Puduvoyal 1 & 2 | | | | | 9 | 73 | 44 | Annapanaikenkuppam | | Thiruvallur | Ambathur | Madura-voyal | 1 | 74 | 64 | Ayanambakkam | | | | | 2 | 75 | 65 | Koladi | | | | | 3 | 76 | 66 | Perumalagaram | | | | | 4 | 77 | 71 | Vanagaram | | | | | 5 | 78 | 68 | Thundalam | | | | | 6 | 79 | 70 | Sivabootham | | | | | 7 | 80 | 69 | Chettiaragaram | | | | | 8 | 81 | 67 | Noombal | | | | | 9 | 82 | 73 | Maduravoyal | | | | | 10 | 83 | 72 | Karambakkam | | Thiruvallur | Ambathur | Ambathur | 1 | 84 | 12 | Koilpadagai -1 & 2 | | | | | 2 | 85 | 62 | Nolambur | | | | | 3 | 86 | 63 | Adayalampattu | | | | | 4 | 87 | 60 | Mannur | | | | | 5 | 88 | 61 | Athipattu | | | | | 6 | 89 | 18 | Ambattur | | | | | 7 | 90 | 17 | Ayappakkam | | | | | 8 | 91 | 16 | Thirumullaivoyal 1 & 2 | | | | | 9 | 92 | 21 | Oragadam | | | | | 10 | 93 | 19 | Patravakkam | | | | | 11 | 94 | 20 | Menambedu | | | | | 12 | 95 | 56 | Korattur | | | | | 13 | 96 | 59 | Mugappair | | | | | 14 | 97 | 57 | Kakapallam | | Thiruvallur | Ambathur | Morai | 1 | 98 | 1 | Kilgondaiyar | | | | | 2 | 99 | 2 | Alathur | | | | | 3 | 100 | 3 | Pandeswaram | | | | | 4 | 101 | 4 | Arakkambakkam | | | | | 5 | 102 | 5 | Morai - 1 & 2 | | | | | 6 | 103 | 6 | Melapakkam | | | | | 7 | 104 | 7 | Kadavoor | | | | | 8 | 105 | 8 | Vellacheri | | | | | 9 | 106 | 9 | Palavedu | | | | | 10 | 107 | 10 | Mugahtapudupattu | | | | | 11 | 108 | 11 | Mitanmallee | | | | | 12 | 109 | 13 | Vellanur | | | | | 14 | 110 | 15 | Pothur | | | | | 15 | 111 | 14 | Pammadugulam | | Thiruvallur | Ambattur | Madavaram | 1 | 112 | 45 | Kathivakkam | | | | | 2 | 113 | 46 | Eranavoor | | | | | 3 | 114 | 47 | Thirvathiyur | | | | | 4 | 115 | 48 | Sathangadu | | | | | 5 | 116 | 44 | Sadayankuppam | | | | | 6 | 117 | 43 | Kadapakkam | | | | | 7 | 18 | 42 | Elnthacheri | | | | | 8 | 119 | 41 | Malai Mullaivayal Vaikadu | | | | | 9 | 120 | 50 | Madavaram | | | | | 10 | 121 | 49 | Chinnasekkadu | | Thiruvallur | Ambattur | Senkun-dram | 1 | 122 | 22 | Senkundraum | | | | | 2 | 123 | 53 | Kadervedu | | | | | 3 | 124 | 54 | Soorapattu | | | | | 4 | 125 | 52 | Pozal | | | | | 5 | 126 | 57 | Vilakkuputtu | | | | | 6 | 127 | 23 | Naravarikuppam | | | | | 7 | 128 | 36 | Thandalkalani | | | | | 8 | 129 | 34 | Lyon 1 & 2 | | | | | 9 | 130 | 37 | Gtantlyn | | | | | 10 | 131 | 38 | Vadaperumbakkam | | | | | 11 | 132 | 31 | Payasambaakam | | | | | 12 | 133 | 30 | Settimedu | | | | | 13 | 134 | 33 | Athivakkam | | | | | 14 | 135 | 25 | Palavayal | | | | | 15 | 136 | 24 | Theerthangarianpattu | | | | | 16 | 137 | 32 | Alinijivakkam | | | | | 17 | 138 | 35 | Vadakarai | | | | | 18 | 139 | 26 | Valankadupakkam | | | | | 19 | 140 | 27 | Sirugavoor | | | | | 20 | 141 | 28 | Ariyalur | | | | | 21 | 142 | 28 | Senarambakkam | | | | | 22 | 143 | 28 | Theeyambakkam | | | | | 23 | 144 | 40 | Mathur | | | | | 24 | 145 | 39 | Manjanbakkam | | | | | 25 | 146 | 29 | Kasappur | | | | | 26 | 147 | 55 | Puthagaram | | Thiruvallur | Ambattur | Amman-bakkam | 1 | 148 | 33 | Ammanambakkam | | | | | 2 | 149 | 42 | Karanai | | | | | 3 | 150 | 36 | Guruvayal | | | | | 4 | 151 | 39 | Ayalaheri | | | | | 5 | 152 | 34 | Agaram | | | | | 6 | 153 | 35 | Sethupakkam | | | | | 7 | 154 | 44 | Thamaraipakkam | | | | | 8 | 155 | 30 | Sembedu | | | | | 9 | 156 | 31 | Vengal A-Block | | Thiruvallur | Thiruvallur | Poondi | 1 | 157 | 15 | Poondi | | | | | 2 | 158 | 14 | Krishnapuram | | | | | 3 | 159 | 16 | Kannamapettai | | | | | 4 | 160 | 19 | Ramanathandalam | | | | | 5 | 161 | 21 | Errayur | | | | | 6 | 162 | 20 | Seeyanjeri | | Thiruvallur | Thiruvallur | Pandoor | 1 | 163 | 69 | Pandoor | | | | | 2 | 164 | 58 | Thirupasoor A- Block | | Thiruvallur | Thiruvallur | Kadambat-tur | 1 | 165 | 108 | Kadambattur | | | | | 2 | 166 | 71 | Piryankuppam | | | | | 3 | 167 | 68 | Attupakkam | | Thiruvallur | Thiruvallur | Vengathur | 1 | 168 | 97 | Vengathur | | | | | 2 | 169 | 104 | Polivakkam | | | | | 3 | 170 | 72 | Egathur | | | | | 4 | 171 | 106 | Pinjivakkam | | | | | 5 | 172 | 124 | Erayamangalam | | | | | 6 | 173 | 99 | Papparambakkam - A and B Block | | Thiruvallur | Thiruvallur | Mappedu | 1 | 174 | 126 | Mappedu | | | | | 2 | 175 | 145 | Thiupandaiyur - | | | | | 3 | 176 | 135 | Ulandai | | | | | 4 | 177 | 138 | Kottaiyur | | Thiruvallur | Thiruvallur | Villiyur | 1 | 178 | 32 | Villiyur | | | | | 2 | 179 | 48 | Vishnuvakkam | | | | | 3 | 180 | 21 | Kerukampoondi | | | | | 4 | 181 | 49 | Perathur | | | | | 5 | 182 | 46 | Vathattur | | Thiruvallur | Thiruvallur | Thiruvur | 1 | 183 | 94 | Thiruvur | | | | | 2 | 184 | 86 | Pakkam A and B Block | | | | | 3 | 185 | 85 | Puliyur | | | | | 4 | 186 | 88 | Veppampattu | | | | | 5 | 187 | 81 | Sirukalathur | | | | | 6 | 188 | 96 | Aranvayal | | Thiruvallur | Thiruvallur | Thiruvallur | 1 | 189 | 57 | Thiruvallur | | | | | 2 | 190 | 53 | Odhikkadu | | | | | 3 | 191 | 54 | Punnapakkam | | | | | 4 | 192 | 75 | Kakalur | | | | | 5 | 193 | 77 | Thandalam | | | | | 6 | 194 | 52 | Ikkadu | | | | | 7 | 195 | 95 | Putlur | | | | | 8 | 196 | 55 | Pullaravakkam | | Thiruvallur | Ponneri | Sholavaram | 1 | 197 | 114 | Nallur | | | | | 2 | 198 | 106 | Jaganathapuram | | | | | 3 | 199 | 108 | Athur | | | | | 4 | 200 | 109 | Erumaivettipalayam | | | | | 5 | 201 | 105 | Karanodai | | | | | 6 | 202 | 104 | Sothuperumbedu | | | | | 7 | 203 | 112 | Attanthangal | | | | | 8 | 204 | 113 | Vijayanallur | | | | | 9 | 205 | 111 | Alamati | | | | | 10 | 206 | 115 | Sembilivaram | | | | | 11 | 207 | 117 | Siruniam | | | | | 12 | 208 | 116 | Sholavaram | | | | | 13 | 209 | 118 | Padianallur | | | | | 14 | 210 | 124 | Angadu | | | | | 15 | 211 | 125 | Orakkadu | | Thiruvallur | Ponneri | Nayar | 1 | 212 | 77 | Amur | | | | | 2 | 313 | 100 | Nayar | | | | | 3 | 214 | 101 | Nerkundram | | | | | 4 | 215 | 102 | Sekkancheri | | | | | 5 | 216 | 103 | Sorrappattu | | | | | 6 | 217 | 119 | Sothupakkam | | | | | 7 | 218 | 120 | Melsingilimedu | | | | | 8 | 219 | 123 | Kummanur | | | | | 9 | 220 | 121 | Perungavoor | | | | | 10 | 221 | 126 | Pudur | | | | | 11 | 222 | 127 | Kandigai | | | | | 12 | 223 | 122 | Marambedu | | | | | 13 | 224 | 126 | Arumanthai | | | | | 14 | 225 | 130 | Pudupakkam | | | | | 15 | 226 | 131 | Mafuskhanpettai | | | | | 16 | 227 | 132 | Periyamullaivoyal | | | | | 17 | 228 | 146 | Chinnamullaivoyal | | | | | 18 | 229 | 133 | Vazhugaimedu | | | | | 19 | 230 | 134 | M.Adiyur | | | | | 20 | 231 | 146 | Seemapuram | | | | | 21 | 232 | 129 | Kodipallam | | | | | 22 | 233 | 147 | Thirunnai | | | | | 23 | 234 | 149 | Villivoyal | | | | | 24 | 235 | 150 | Vichur | | Thiruvallur | Ponneri | Arani | 1 | 236 | 61 | Peravallur | | | | | 2 | 237 | 60 | Vairavamkuppam | | | | | 3 | 238 | 63 | Vadakkanallur | | | | | 4 | 239 | 62 | Duranallur | | | | | 5 | 240 | 64 | Sevittupanapakkam | | | | | 6 | 241 | 65 | Secundapuram | | | | | 7 | 242 | 66 | Pondavakkam | | | | | 8 | 243 | 67 | Madavaram | | | | | 9 | 244 | 69 | Malliankuppam | | | | | 10 | 245 | 68 | Arani | | | | | 11 | 246 | 70 | Chinnamedu | | | | | 12 | 247 | 71 | Kilameni | | | | | 13 | 248 | 72 | Aampakkam | | | | | 14 | 249 | 73 | Natham | | | | | 15 | 250 | 75 | Panjeti | | | | | 16 | 251 | 76 | Thatchur | | | | | 17 | 252 | 107 | Bandikawanur | | | | | 18 | 253 | 74 | Eranavakkarri | | Thiruvallur | Ponneri | Ponneri | 1 | 254 | 44 | Arasur | | | | | 2 | 255 | 46 | Andavoyal | | | | | 3 | 256 | 47 | Aplavaram | | | | | 4 | 257 | 48 | Sombatu | | | | | 5 | 258 | 49 | Parnambedu | | | | | 6 | 259 | 50 | Kilikodu | | | | | 7 | 260 | 52 | Eliambedu | | | | | 8 | 261 | 51 | Thiruppair | | | | | 9 | 262 | 53 | Kanakavallipuram | | | | | 10 | 263 | 54 | Guduvarjcherry | | | | | 11 | 264 | 55 | Chinnakavanam | | | | | 12 | 265 | 57 | Aladu | | | | | 13 | 266 | 43 | Kattavoor | | | | | 14 | 267 | 58 | Thadaperumbakkam | | | | | 15 | 268 | 59 | Ponneri | | Thiruvallur | Ponneri | Thirupalaivanam | 1 | 269 | 5 | Karimanal | | | | | 2 | 270 | 8 | Pakkam | | | | | 3 | 271 | 6 | Kanavanthurai | | | | | 4 | 272 | 7 | Palaverkadu | | | | | 5 | 273 | 10 | Sirulapakkam | | | | | 6 | 274 | 9 | Avurivakkam | | | | | 7 | 275 | 29 | Thirupalaivanam | | | | | 8 | 276 | 30 | Vanjivakkam | | | | | 9 | 277 | 32 | Pralayampakkam | | | | | 10 | 278 | 41 | Asananudur | | | | | 11 | 279 | 35 | Thangalperumbulam | | | | | 12 | 280 | 34 | Andarmadam | | | | | 13 | 281 | 40 | Perumbedu | | | | | 14 | 282 | 56 | Lingapayanpettai | | | | | 15 | 283 | 42 | Medur | | | | | 16 | 284 | 45 | Vidathandalam | | Thiruvailur | Ponneri | Kollur | 1 | 285 | 1 | Poongulam | | | | | 2 | 286 | 3 | Kanrambakkam | | | | | 3 | 287 | 2 | Mangodu | | | | | 4 | 288 | 4 | Kallur | | | | | 5 | 289 | 11 | Annamalaicheri | | | | | 6 | 290 | 12 | Periyaveppathur | | | | | 7 | 291 | 13 | Uppunelvoyal | | | | | 8 | 292 | 14 | Seliambedu | | | | | 9 | 293 | 15 | Injur | | | | | 10 | 294 | 17 | Umippedu | | | | | 11 | 295 | 27 | Vembedu | | | | | 12 | 296 | 28 | Poovami | | | | | 13 | 297 | 18 | Seganyam | | | | | 14 | 298 | 16 | Kanganamedu | | | | | 15 | 299 | 19 | Devampattu | | | | | 16 | 300 | 20 | Agarara | | | | | 17 | 301 | 21 | Periyakarumbur | | | | | 18 | 302 | 25 | Kumarancheri | | | | | 19 | 303 | 22 | Kolur | | | | | 20 | 304 | 23 | Iluppakkam | | | | | 21 | 305 | 24 | Panappakkam | | | | | 22 | 306 | 26 | Avur | | Thiruvallur | Ponneri | Minjur | 1 | 307 | 78 | Anuppampattu | | | | | 2 | 308 | 98 | Nalur | | | | | 3 | 309 | 99 | Vannivakkam | | | | | 4 | 310 | 135 | Minjur | | | | | 5 | 311 | 136 | Nandiambakkam | | | | | 6 | 312 | 138 | Ariyanvoyal | | | | | 7 | 313 | 97 | Yellampakkam | | | | | 8 | 314 | 137 | Kollati | | | | | 9 | 315 | 139 | Kalpakkam | | | | | 10 | 316 | 142 | Ennur | | | | | 11 | 317 | 143 | Athipattu | | | | | 12 | 318 | 144 | Vallur | | | | | 13 | 319 | 148 | Edayanchavadi | | Thiruvallur | Ponneri | Kattur | 1 | 320 | 33 | Sirupalaverkadu | | | | | 2 | 321 | 36 | Karangali | | | | | 3 | 322 | 37 | Ebrahampuram | | | | | 4 | 323 | 38 | Kadappakkam | | | | | 5 | 324 | 39 | Thathamanji | | | | | 6 | 325 | 31 | Eraakuracheri | | | | | 7 | 326 | 88 | Siriilappananjeri | | | | | 8 | 327 | 79 | Devadanam | | | | | 9 | 328 | 80 | Kumarasirulapakkam | | | | | 10 | 329 | 81 | Kaniambakkam | | | | | 11 | 330 | 96 | Thottakadu | | | | | 12 | 331 | 83 | Velur | | | | | 13 | 332 | 82 | Siruvelur | | | | | 14 | 333 | 85 | Eripinayarkuppam | | | | | 15 | 334 | 84 | Thiruvellavoyal | | | | | 16 | 335 | 86 | Athamanjeri | | | | | 17 | 336 | 87 | Somanjeri | | | | | 18 | 337 | 94 | Thinaipakkam | | | | | 19 | 338 | 95 | Merattoor | | | | | 20 | 339 | 141 | Puzhudivakkam | | | | | 21 | 340 | 89 | Kattoor | | | | | 22 | 341 | 90 | Kalanji | | | | | 23 | 342 | 91 | Kattupalli | | | | | 24 | 343 | 92 | Vayalur | | | | | 25 | 344 | 140 | Neidavoyal | | | | | 26 | 345 | 93 | Kadamanjeri | | Thiruvallur | Poonamallee | Avadi | 1 | 346 | 30 | Thiruverkadu | | | | | 2 | 347 | 29 | Sundaracholavaram | | | | | 3 | 348 | 31 | Veeraraghayapuram | | | | | 4 | 349 | 25 | Paruthipattu | | | | | 5 | 350 | 26 | Paleripattu | | | | | 6 | 351 | 24 | Vilinjambakkam | | | | | 7 | 352 | 23 | Soranjeri | | | | | 8 | 353 | 27 | Kannapalayam | | | | | 9 | 354 | 28 | Melpakkam | | Thiruvallur | Poonamallee | Thiruninravur | 1 | 355 | 3 | Thiruninravur | | | | | 2 | 356 | 1 | Naduguthagai | | | | | 3 | 357 | 5 | Korattur-A | | | | | 4 | 358 | 5 | Korattur-B | | | | | 5 | 359 | 4 | Agraharam Mel | | | | | 6 | 360 | 2 | Nemilicheri | | | | | 7 | 361 | 21 | Karunagaracheri | | | | | 8 | 362 | 20 | Amadhurmedu | | | | | 9 | 363 | 22 | Thandurai | | | | | 10 | 364 | 19 | Voyalanallur | | Thiruvallur | Poonamallee | Thiru-mazhisai | 1 | 365 | 36 | Thirumazhisai | | | | | 2 | 366 | 18 | Kilmanambedu | | | | | 3 | 367 | 37 | Udayaarkoil | | | | | 4 | 368 | 12 | Kuthambakkam | | | | | 5 | 369 | 14 | Sembarambakkam | | | | | 6 | 370 | 9 | Padur | | | | | 7 | 371 | 8 | Meyyur | | | | | 8 | 372 | 17 | Vellavedu | | | | | 9 | 373 | 16 | Narasingapuram | | | | | 10 | 374 | 15 | paravtharaj apuram | | | | | 11 | 375 | 13 | Palanjur | | | | | 12 | 376 | 10 | Nemam-A | | | | | 13 | 377 | 10 | Nemam-B | | | | | 14 | 378 | 11 | Thirumalairajapuram | | | | | 15 | 379 | 6 | Nochimedu | | | | | 16 | 380 | 7 | Gudapakkam | | Thiruvallur | Poonamallee | Poonamallee | 1 | 381 | 32 | Parivakkam | | | | | 2 | 382 | 33 | Banaveduthottam | | | | | 3 | 383 | 42 | Varadharajapuram | | | | | 4 | 384 | 38 | Madavilagam | | | | | 5 | 385 | 44 | Ariamandanallur | | | | | 6 | 386 | 43 | Tukkananabattu | | | | | 7 | 387 | 34 | Pidarithangal | | | | | 8 | 388 | 35 | Kolappancheri | | | | | 9 | 389 | 45 | Poonamallee | | | | | 10 | 390 | 46 | Agraharam | | | | | 11 | 391 | 49 | Kattuppakkam | | | | | 12 | 392 | 48 | Goparasanallur | | | | | 13 | 393 | 47 | Senneerkuppam | | | | | 14 | 394 | 41 | Nazaratpettai | | | | | 15 | 395 | 39 | Meppur | | | | | 16 | 396 | 40 | Agaram Mel |

65ba86adab84c7eca86ebec1

acts

Union of India - Act ---------------------- The Customs And Excise Revenues Appellate Tribunal Act, 1986 -------------------------------------------------------------- UNION OF INDIA India The Customs And Excise Revenues Appellate Tribunal Act, 1986 ============================================================== Act 62 of 1986 ---------------- * Published on 23 December 1986 * Commenced on 23 December 1986 The Customs And Excise Revenues Appellate Tribunal Act, 1986 ACT NO. 62 OF 1986 ### 1225. [23rd December, 1986] An Act 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 for the purposes of assessment of such duties, in pursuance of article 323B of the Constitution and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Thirty-seventh Year of the Republic of India as follows:- Chapter I Preliminary -------------------------- ### 1. Short title, extent and commencement. (1) This Act may be called the Customs and Excise Revenues Appellate Tribunal Act, 1986. (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. ### 2. Definitions. In this Act, unless the context otherwise requires,-- (a) "Appellate Tribunal" means the Customs and Excise Revenues Appellate Tribunal constituted under section 3; (b) "appointed day" means the date with effect from which the Appellate Tribunal is established, by notification, under section 3; (c) "Bench" means a Bench of the Appellate Tribunal; (d) "Board" means the Central Board of Excise and Customs constituted under the Central Boards of Revenue Act, 1963 (54 of 1963); (e) "Central Excises Act" means the Central Excises and Salt Act, 1944 (1 of 1944); (f) "Central Excise Tariff Act" means the Central Excise Tariff Act, 1985 (5 of 1986); (g) "Customs Act" means the Customs Act, 1962 (52 of 1962); (h) "Customs, Excise and Gold (Control) Appellate Tribunal" means the Customs, Excise and Gold (Control) Appellate Tribunal constituted under section 129 of the Customs Act; (i) "Customs Tariff Act" means the Customs Tariff Act, 1975 ( 51 of 1975 ); (j) "Judicial Member" means a Member of the Appellate Tribunal appointed as such under this Act, and includes the President who possesses any of the qualifications specified in sub-section (2) of section 5; (k) "Member" means a Member (whether Judicial or Technical) of the Appellate Tribunal and includes the President; (l) "notification" means a notification published in the Official Gazette; (m) "President" means the President of the Appellate Tribunal; (n) "prescribed" means prescribed by rules; (o) "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 (j); (r) words and expressions used in this Act but not defined herein and defined in the Central Excises Act, Central Excise Tariff Act, 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 Tribunal And Benches Thereof --------------------------------------------------------------------------- ### 3. Establishment of the Appellate Tribunal. The Central Government shall by notification, establish an Appellate Tribunal, to be known as the Customs and Excise Revenues Appellate Tribunal, to exercise the jurisdiction, powers and authority conferred on such Appellate Tribunal by or under this Act. ### 4. Composition of the Appellate Tribunal and Benches thereof. (1) The Appellate Tribunal shall consist of a President and such number of Judicial and Technical 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 Tribunal may be exercised by Benches thereof. (2) A Bench shall consist of one Judicial Member and one Technical Member. (3) Notwithstanding anything contained in sub-section (1), the President-- (a) may, in addition to discharging the functions of the Judicial Member or the Technical Member of the Bench to which he is appointed, discharge the functions of the Judicial Member or, as the case may be, the Technical Member, of any other Bench; (b) may transfer a Member from one Bench to another Bench; and (c) may authorise 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) Notwithstanding anything contained in the foregoing provisions of this section, it shall be competent for the President or any other Member authorised by the President in this behalf to function as a Bench consisting of a single Member and exercise the jurisdiction, powers and authority 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: 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 President may deem fit. (5) Subject to the other provisions of this Act, the Benches of the Appellate Tribunal shall ordinarily sit at New Delhi and at such other places as the President may deem fit. ### 5. Qualifications for appointment as President or Member. (1) A person shall not be qualified for appointment as the President unless he-- (a) is, or has been, a Judge of a High Court; or (b) has, for at least two years, held the office of a Judicial Member or a Technical Member. (2) A person shall not be qualified for appointment as a Judicial Member unless he-- (a) is, or has been, or is qualified to be, a Judge of a High Court; or (b) has been a member of the Indian Legal Service and has held a post in Grade I of that Service or any equivalent or higher post for at least five years. (3) A person shall not be qualified for appointment as a Technical 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 has held during this period the post of Collector of Customs or Central Excise or any equivalent or higher post for at least ten years. [Explanation.-- For the purposes of sub-section (3) , in computing the period during which a person has been a member of the Indian Customs and Central Excise Service, Group 'A' there shall be included any period during which the person has been a member of the Indian Customs Service Class I, or the Central Excise Service Class I, as the case may be, of the Indian Revenue Service immediately before the constitution of the Indian Customs and Central Excise Service, Group 'A'.] [ Inserted by Act 11 of 1987, Section 107. ] ### 6. Appointment of President and Members. (1) Subject to the provisions of sub-section (2), the President and every Member shall be appointed by the President of India. (2) Appointment of a person as the President or a Member shall be made in consultation with a Selection Committee consisting of-- (a) a Chairman who shall be nominated by the Chief Justice of India; and (b) such other members as may be nominated by the Central Government. ### 7. Member to act as President or to discharge his functions in certain circumstances. (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 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. (2) When the President is unable to discharge his functions owing to 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. ### 8. Term of office. The President or other Member shall hold office as such for a term of three years from the date on which he enters upon his office or until he attains the age of sixty-five years, whichever is earlier. ### 9. Resignation and removal. (1) The President or other Member may, by notice in writing under his hand addressed to the President of India, resign his office: Provided that the President or 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 the earliest. (2) The President or any other Member shall not be removed from his office except by an order made by the President of India on the ground of proved misbehaviour or incapacity after an inquiry made by a Judge of the Supreme Court in which such President or other Member had been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges. (3) The Central Government may, by rules, regulate the procedure for the investigation of misbehaviour or incapacity of the President or other Member referred to in sub-section (2). ### 10. Salaries and allowances and other terms and conditions of service of President and other Members. The salaries and allowances payable to, and the other terms and conditions of service (including pension, gratuity and other retirement benefits) of, the President and other Members 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 President or other Member shall be varied to his disadvantage after his appointment. ### 11. Provision as to the holding of offices by President and Members on ceasing to be such President or Member. On ceasing to hold office,-- (a) the President shall be ineligible for further employment either under the Government of India or under the Government of a State; (b) a Member (other than the President) shall, subject to the other provisions of this Act, be eligible for appointment as the President, but not for any employment either under the Government of India or under the Government of a State; (c) the President or other Member shall not appear, act or plead 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 India or under the control of the Government of India or under any corporation or society owned or controlled by the Government. ### 12. Financial and adminitrative powers of President. The President shall exercise such financial and administrative powers over the Benches as may be vested in him under the rules: Provided that the President shall have authority to delegate such of his financial and administrative powers as he may think fit 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. ### 13. Staff of the Appellate Tribunal. (1) The Central Government shall determine the nature and categories of the officers and other employees required to assist the Appellate Tribunal in the discharge of its functions and provide the Appellate Tribunal with such officers and other employees as it may think fit. (2) The officers and other employees of the Appellate Tribunal shall discharge their functions under the general superintendence of the President. (3) The salaries and allowances and conditions of service of the officers and other employees of the Appellate Tribunal shall be such as may be specified by rules. Chapter III Jurisdiction, Powers And Authority Of The Appellate Tribunal ----------------------------------------------------------------------------- ### 14. Jurisdiction, powers and authority of the Appellate Tribunal. (1) Save as otherwise expressly provided in this Act, the Appellate Tribunal shall exercise, on and from the appointed day, all the jurisdiction, powers and authority exercisable in relation to an appeal against-- (a) a decision or order passed by the Collector of Central Excise as an adjudicating authority; (b) an order passed by the Collector (Appeals) under section 35A or section 35E of the Central Excises Act; 1\*[(bb) a decision or order passed by the Board or the Collector of Central Excise under section 35EA of the Central Excises Act;] (c) a decision or order passed by the Collector of Customs as an adjudicating authority; (d) an order passed by the Collector (Appeals) under section 128A or section 129D of the Customs Act; (e) [ a decision or order passed by the Board or the Collector of Customs under section 129DA of the Customs Act,] [ Inserted by Act 29 of 1988, Section 16 (w.e.f........). ] 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 providing for the levy and collection of any duty of excise, in relation to any goods on or after the 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 relation to any goods on or after the 28th day of February, 1986; or (iii) the value of goods for the purposes of assessment of any duty of excise in cases where the assessment is made on or after the 28th day of February, 1986; or (iv) the value of goods for the purposes of assessment of any duty of customs in cases where the assessment is made on or after the 28th day of February, 1986, is in issue or is one of the points in issue. Explanation.--For the purposes of this sub-section, the determination of 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-- (a) whether any goods are excisable goods or whether the rate of duty on any goods is nil; (b) whether any goods fall under a particular heading or sub-heading of the Schedule to the Central Excise Tariff Act or the Additional Duties of Excise (Goods of Special Importance) Act, 1957 (58 of 1957) or the Additional Duties of Excise (Textiles and Textile Articles) Act, 1978 (40 of 1978) or fall under the First Schedule or the Second Schedule to the Customs Tariff Act, as the case may be, or that any goods are or not covered by a particular notification or order issued by the Central Government or the Board, granting total or partial exemption from a duty of excise or customs, as the case may be; (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. (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 sub-section (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, 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 Appellate Tribunal constituted under this Act and all the provisions of this Act shall apply to such order. ### 15. Bar of jurisdiction of the Appellate Tribunal in certain cases. Notwithstanding anything contained in section 14, no appeal shall 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-- (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 to another, or during the course of processing of the goods in a warehouse or in storage, whether in a factory 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 manufacture of goods which are exported to any country or territory outside India; (c) goods exported outside India (except to Nepal or Bhutan) without payment of duty; (d) any goods imported or exported as baggage or by post; (e) any goods loaded, or deemed to have been loaded in accordance with an import manifest or import report, in a conveyance for importation into India, but which are not unloaded at their place of destination in India, or so much of the quantity of such goods as has not been unloaded at any such destination if goods unloaded at such destination are short of the quantity required to be unloaded at that destination or any goods which have been lost or destroyed after being unloaded at any such destination; (f) payment of drawback as provided in Chapter X of the Customs Act and the rules made thereunder. ### 16. Power to punish for contempt. The Appellate Tribunal shall have, and exercise, the same jurisdiction, powers and authority in respect of contempt of itself as a High Court has and may exercise, and, for this purpose, the provisions of the Contempt of Courts Act, 1971 ( 70 of 1971 ), shall have effect subject to the modifications that-- (a) the references therein to a High Court shall be construed as including a reference to the Appellate Tribunal; (b) the references to the Advocate-General in section 15 of the said Act shall be construed, in relation to the Appellate Tribunal, as a reference to the Attorney-General or the Solicitor-General or the Additional Solicitor-General. ### 17. Distribution of business amongst the Appellate Tribunal and its Benches. (1) Where any Benches of the Appellate Tribunal are constituted, the President may, from time to time, by order, make provisions as to the distribution of the business of the Appellate Tribunal amongst the Benches and specify the matters which may be dealt with by each Bench. (2) If any question arises as to whether any matter falls within the purview of the business allocated to a Bench of the Appellate Tribunal, the decision of the President thereon shall be final. Chapter IV Procedure ------------------------- ### 18. Appeals to Appellate Tribunal. (1) Subject to the other provisions of this Act, every appeal to the Appellate Tribunal under this Act shall be filed within three months from the date on which the decision or order sought to be appealed against is communicated to the person aggrieved by the 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 this section, the party against whom the appeal has been preferred may, notwithstanding that he may not have appealed against such decision or order or any part thereof, file within forty-five days of the receipt of the notice a memorandum of cross-objections verified in such manner as may be specified by rules made in this behalf against any part of the order appealed against and such memorandum shall be disposed of by the Appellate Tribunal as if it were an appeal presented within the time specified in sub-section (1). (3) The Appellate Tribunal may admit an appeal or permit the filing of a memorandum of cross-objections after the expiry of the relevant period referred to in sub-section (1) or sub-section (2), if it is satisfied that there was sufficient cause for not presenting it within that period. (4) Every appeal to the Appellate Tribunal shall be in such form and shall be verified in such manner as may be specified by rules made in this behalf and shall, except in the case of an appeal preferred by the proper officer or a memorandum of cross-objections referred to in sub-section (2), be accompanied by a fee of two hundred rupees. ### 19. Procedure and powers of the Appellate Tribunal. (1) The Appellate Tribunal shall not be bound by the procedure laid down in the Code of Civil Procedure, 1908 (5 of 1908), but shall be guided by the principles of natural justice and subject to the other provisions of this Act and of any rules made by the Central Government, the Appellate Tribunal shall have power to regulate its own procedure, including the fixing of places and times of its hearing. (2) The Appellate Tribunal shall have, for the purposes of discharging its functions under this Act, the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908), while trying a suit, in respect of the following matters, namely:-- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery, inspection and production of books of account and other documents; (c) reviewing its decisions; (d) dismissing an appeal for default or deciding it ex parte; and (e) any other matter which may be prescribed. ### 20. Deposit, pending appeal, of duty demanded or penalty levied. Where in any appeal under this Act, the decision or order appealed against relates to any duty demanded in respect of goods which are not under the control of the central excise authorities or the customs authorities, as the case may be, or any penalty levied under the Central Excises Act or the Customs Act, the person desirous of appealing against such decision or order shall, pending the appeal, deposit with the proper officer the duty demanded or the penalty levied: Provided that where in any particular case, the Appellate Tribunal is of opinion that the deposit of duty demanded or penalty levied would cause undue hardship to such person, the Appellate Tribunal may dispense with such deposit subject to such conditions as it may deem fit to impose so as to safeguard the interests of revenue. ### 21. Right of applicant to take assistance of legal practitioner and Government to appoint representing officers. (1) A person preferring an appeal to the Appellate Tribunal under this Act may either appear in person or take the assistance of a legal practitioner of his choice to present his case before the Appellate Tribunal. (2) The Central Government may authorise one or more legal practitioners or any of its officers to act as presenting officer and any person so authorised by it may present its case with respect to any appeal before the Appellate Tribunal. ### 22. Conditions as to making of interim orders. Notwithstanding anything contained in any other provisions of this Act or in any other law for the time being in force, no interim order (whether by way of injunction or stay or in any other manner) shall be made on, or in any proceedings relating to, an appeal under this Act unless-- (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 preferred; and (b) opportunity is given to such party to be heard in the matter: Provided that the Appellate Tribunal may dispense with the requirements of clauses (a) and (b) and make an interim order as an exceptional measure if it is satisfied, for reasons to be recorded in writing, that it is necessary so to do for preventing any loss being caused to the 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 requirements have been complied with before the expiry of that period and the Appellate Tribunal has continued the operation of the interim order. ### 23. Power of President to transfer cases from one Bench to another. On the application of any of the parties and after notice to the parties, and after hearing such of them as he may desire to be heard, or on his own motion without such notice, the President may transfer any case pending before one Bench, for disposal, to any other Bench. ### 24. Procedure for deciding the case where the Members of a Bench differ in opinion. 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 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 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. ### 25. Orders of the Appellate Tribunal. (1) The Appellate Tribunal may, after giving the parties to the appeal an opportunity of being heard, pass such orders thereon as it thinks fit, confirming, modifying or annulling the decision or order appealed against or may refer the case back to the authority which passed such decision or order with such directions as the Appellate Tribunal may think fit, for a fresh adjudication or decision, as the case may be, after taking additional evidence, if necessary. (2) The Appellate Tribunal may, at any time within four years from the date of the order, with a view to rectifying any mistake apparent from the record, amend any order passed by it under sub-section (1) and shall make such amendments if the mistake is brought to its notice 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 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 may be, and the other party to the appeal. Chapter V Miscellaneous ---------------------------- ### 26. Exclusion of jurisdiction of courts, etc, except the Supreme Court. 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 authority in relation to matters in respect of which appeals would lie to the Appellate Tribunal under section 14. ### 27. Transfer of pending cases. (1) Every suit, appeal or other proceeding pending before any court or other authority or the Customs, Excise and Gold (Control) Appellate Tribunal, immediately before the appointed day, being a suit, appeal or other proceeding which would have been within the jurisdiction of the Appellate Tribunal, 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. (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),-- (a) the court or other authority or the Customs, Excise and Gold (Control) Appellate Tribunal shall, as soon as may be after such transfer, forward the records of such suit, appeal or other proceeding to the Appellate Tribunal; and (b) the Appellate Tribunal may, on receipt of such records, proceed to deal with such suit, appeal or other proceeding, so far as may be, in the same manner as in the case of an appeal under section 18 from the stage which was reached before such transfer or from any earlier stage or de novo as the Appellate Tribunal may deem fit. (3) Any person, who immediately before the appointed day, is an advocate or authorised representative entitled to practice in any court or other authority or the Customs, Excise and Gold (Control) Appellate Tribunal and was authorised to appear or to act in any prceedings transferred from the said court, other authority or Tribunal to the Appellate Tribunal under this section shall have the right to appear or to act, as the case may be, before the Appellate Tribunal in relation to the said suit, appeal or other proceeding. ### 28. Proceedings before the Appellate Tribunal to be judicial proceedings. All proceedings before the Appellate Tribunal shall be deemed to be judicial proceedings within the meaning of sections 193, 219 and 228 of the Indian Penal Code (45 of 1860). ### 29. Members and staff of the Appellate Tribunal to be public servants. The president and other Members and the 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 Code (45 of 1860). ### 30. Protection of action taken in good faith. No suit prosecution or other legal proceeding shall lie against the Central Government or against the President or other Member, or any other person authorised by such President or other Member for anything which is in good faith done or intended to be done in persuance of this Act or any rule or order made thereunder. ### 31. Act to have overriding effect. The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or any instrument having effect by virtue of any law other than this Act. ### 32. Power to make rules. (1) The Central Government may, by notification, make rules to carry out the provisions of this Act. (2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the salaries and allowances and other terms and conditions of service of the President and other Members under section 10; (b) the financial and administrative powers which the President may exercise over the Benches under section 12; (c) the salaries and allowances and conditions of service of the officers and other employees of the Appellate Tribunal under sub-section (3) of section 13; (d) the form in which every appeal to the Appellate Tribunal shall be filed and the manner in which such appeal shall be verified under sub-section (4) of section 18; (e) the rules subject to which the Appellate Tribunal shall have power to regulate its own procedure under sub-section (1) of section 19 and the additional matters in respect of which the Appellate Tribunal may exercise the powers of a civil court under clause (e) of sub-section (2) of that section; and (f) any other matter which has to be, or may be, prescribed by rules under this Act. (3) Every rule made under this Act by the Central Government shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session, or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. ### 33. Power to remove difficulties. (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 a period of three years from the appointed day. (2) Every order made under this section shall, as soon as may be after it is made, be laid before each House of Parliament. ### 34. Consequential amendments in the Central Excises Act and the Customs Act. On and from the appointed day, the following amendments (being amendments of a consequential nature) shall be made in the Central Excises Act and the Customs Act, namely:-- (a) in the Central Excises Act,-- (i) for sub-section (2) of section 35B, the following sub-section shall be substituted, namely:-- "(2) The Collector of Central Excise may, if he is of opinion that an order passed by-- , or (a) the Appellate Collector of Central Excise under section 35, as it stood immediately before the appointed day, or (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 Customs and Excise Revenues Appellate Tribunal established under section 3 of the Customs and Excise Revenues Appellate Tribunal Act, 1986" shall be inserted; (B) in sub-section (4), after the word, figures and letter "section 35B", 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; (b) in the Customs Act,-- (i) for sub-section (2) of section 129A, the following sub-section shall be substituted, namely:-- "(2) The Collector of Customs may, if he is of opinion that an order passed by-- , or (a) the Appellate Collector of Customs under section 128, as it stood immediately before the appointed day, or (b) the Collector (Appeals) under section 128A, is not legal or proper, direct the proper 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 129D,-- (A) after the words "Appellate Tribunal", wherever they occur, the words and figures "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" shall be inserted; (B) in sub-section (4), after the word, figures and letter "section 129A", 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.

65b8f33cab84c7eca86e80b9

acts

State of Karnataka - Act -------------------------- Karnataka Professional Educational Institutions (Regulation of Admission and Fixation of Fee) (Special Provisions) Act, 2013 ------------------------------------------------------------------------------------------------------------------------------ KARNATAKA India Karnataka Professional Educational Institutions (Regulation of Admission and Fixation of Fee) (Special Provisions) Act, 2013 ============================================================================================================================== Act 50 of 2013 ---------------- * Published on 1 January 2013 * Commenced on 1 January 2013 Karnataka Professional Educational Institutions (Regulation of Admission and Fixation of Fee) (Special Provisions) Act, 2013 (Karnataka Act No. 50 of 2013 ) Statement of objects and Reasons - Act 50 of 2013 . - A Bill to provide for recognition of the consensual agreement proposed to be entered into between the State Government and the Private Unaided Educational Institutions imparting Professional Educational Courses and for other matters, as provided in the judgment of the Supreme Court of India in P. A. Inamdar and others v. State of Maharashtra reported in 2005(6) SCC 537. Whereas the State Government, to protect the interest of the students of Karnataka domicile and students belonging to educationally and socially backward classes, for the academic year 2006-07, 2007-08, 2008-09, 2009-10, 2010-11, 2011-12 and 2012-13 have entered into such consensual arrangement or agreement and has proposed to enter into consensual arrangement or agreement for the year 2013-14 with the Private Unaided Professional Educational Institutions and felt necessary that the Karnataka Professional Educational Institutions (Regulation of Admission and Determination of Fee) Act, 2006 be kept in abeyance for the academic year 2013-14 in respect of admission and fixation of fee in a unaided private professional educational institutions. Hence, the Bill. [L.A. Bill No. 01 of 2013, File No. Samvyashae 32 Shasana 2013] [Entry 25 of List III of the Seventh Schedule to the Constitution of India.] (First Published in the Karnataka Gazette Extra-ordinary on the Twenty fourth day of June, 2013) (Received the assent of the Governor on the Twenty first day of June, 2013) An Act to provide for recognition of the consensual arrangement or agreement proposed to be entered into between the State Government and the Private Unaided Educational Institutions imparting Professional Educational Courses and for other matters, as provided in the judgment of the Supreme Court of India in P. A. Inamdar and others Vs. State of Maharashtra reported in 2005(6) SCC 537. Whereas it is expedient, to protect the interest of the students of Karnataka domicile and students belonging to educationally and socially backward classes, State Government have entered into a consensual arrangement or agreement with the Private Unaided Professional Educational Institutions for the years 2006-2007, 2007-2008 2008-09, 2009-10, 2010-11, 2011-12 and 2012-13 and has proposed to enter into a consensual arrangement or agreement for the year 2013-2014 and consider that the Karnataka Professional Educational Institutions (Regulation of Admission and Determination of Fee) Act, 2006 (Karnataka Act 8 of 2006) be kept in abeyance for admission and fixation of fee in Private Unaided Professional Educational Institutions for the academic year 2013-14 and for other purposes hereinafter appearing; Be it enacted by the Karnataka State Legislature in the sixty fourth year of the Republic of India, as follows:- ### 1. Short title, commencement and application. (1) This Act may be called the Karnataka Professional Educational Institutions (Regulation of Admission and Fixation of Fee) (Special Provisions) Act, 2013. (2) It shall come into force at once. (3) Notwithstanding anything contained in the Karnataka Professional Educational Institutions (Regulation of Admission and Determination of Fee) Act, 2006 (Karnataka Act 8 of 2006), admissions and fixation of fee in an un-aided Private Professional Educational Institution for the academic year 2013-14 shall be governed by the provisions of this Act. ### 2. Definitions. - In this Act, unless the context otherwise requires,- (a) "Common Entrance Test" means the entrance test conducted for determination of merit of the candidates followed by centralized counseling for the purpose of admission to professional educational courses through a single window procedure; (b) "Common Entrance Test Cell" means the agency called the Karnataka Examination Authority of the State Government which conducts the common entrance test; (c) "Consensual arrangement or agreement" means any agreement that may be entered into between the State Government and association of unaided Private Professional Educational Institutions relating to admission and fixation of fee in professional courses; (d) "Institution" means Professional Educational Institutions offering Professional Educational courses; (e) "One Man Regulatory Committee" means the Committee constituted by the State Government under section 3; (f) "Professional Educational Courses" means,- (i) In Medical and Dental Institutions,- (a) Bachelor of Medicine and Bachelor of Surgery; and (b) Bachelor of Dental Surgery. (ii) In Engineering Institutions,- (a) Bachelor of Engineering; (b) Bachelor of Technology; (c) Bachelor of Architecture; and (iii) Post Graduate Degree and Diploma Courses in Medical and Dental Sciences; and (iv) such other courses as may be notified by the State Government (g) "Unaided institution" means any privately managed professional educational institution, which is not receiving aid or grant-in-aid from the State Government. ### 3. Constitution of One Man Regulatory Committee. - There shall be a One-Man Regulatory Committee appointed by the State Government, who shall be a former Vice-Chancellor of any University in the State. The said One-Man Regulatory Committee shall monitor the effective implementation of the admissions to professional educational courses and the implementation of the consensual arrangement or agreement done in accordance with the provisions of this Act. ### 4. Fixation of fee. - Notwithstanding the fee fixed in respect of Professional Educational Courses which are in force on the date of commencement of this Act, the State Government may, in accordance with the consensual arrangement or agreement, by notification, fix the fee payable for admission to the Unaided Private Professional Educational Courses. Different rates of fees may be fixed for different categories of students. ### 5. Regulation of admission and seat matrix. (1) For effective implementation of the consensual arrangement or agreement, seats in a Private Unaided Professional Educational Institution shall be filled in the following manner, namely:- (i) for the year 2013-14 such number of seats as may be agreed to by the Government under the consensual arrangement or agreement shall be filled through the Common Entrance Test Cell in accordance with the Karnataka Selection of Candidates for Admission to Government seats in Professional Educational Institutions Rules, 2006 as amended from time to time. (ii) the remaining seats shall be filled through the Common Entrance Test conducted by the association of Private Professional Educational Institutions or the association of religious and linguistic minority institutions, as the case may be followed by centralized counseling, in a fair and transparent manner on the basis of merit determined subject to such rules as may be prescribed except otherwise specified in the consensual arrangement or agreement. (2) Subject to reservation policy of the State Government and the consensual arrangement or agreement, the State Government may, by notification, publish the seat matrix to be filled by the Common Entrance Test Cell and the management, by different categories of students in respect of different categories of institutions. ### 6. Invalidation of admissions made in violation of this Ac. - All admissions made in violation of the provisions of this Act or the consensual arrangement or agreement by any Private Unaided Professional Educational Institutions for the academic years 2013-14 whether made before or after commencement of this Act shall be invalid. In case of such violation, the State Government may direct the concerned university to cancel such admissions or affiliation of such institution, as the case may be. ### 7. Power to remove difficulties. - If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order published in the official Gazette, make provisions not inconsistent with the provisions of this Act as appear it to be necessary or expedient for removing the difficulty. ### 8. Power to make rules. (1) The State Government may, by notification, in the official Gazette, make rules prospectively or retrospectively for carrying out the purposes of this Act. (2) Every rule made under this Act shall be laid as soon as may be after it is made before each House of the State Legislature while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or 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. The above translation of PÀ£ÁðlPÀ ªÀÈwÛ ²PÀët ¸ÀA¸ÉÜUÀ¼À (¥ÀæªÉñÀ ¤AiÀÄAvÀæt ªÀÄvÀÄÛ ±ÀÄ®Ì ¤UÀ¢) («±ÉãμÀ G¥À§AzsÀUÀ¼ÀÄ) C¢s¤AiÀĪÀÄ,, 2013 (2013 gÀ PÀ£ÁðlPÀ C¢s¤AiÀĪÀÄ ¸ÀASÉå: 50) be published in the official Gazette under clause (3) of Article 348 of the Constitution of India.

65b92503ab84c7eca86e86b0

acts

State of Uttar Pradesh - Act ------------------------------ U.P. Jail Nursing Service Rules, 1983 --------------------------------------- UTTAR PRADESH India U.P. Jail Nursing Service Rules, 1983 ======================================= Rule U-P-JAIL-NURSING-SERVICE-RULES-1983 of 1983 -------------------------------------------------- * Published on 14 March 1983 * Commenced on 14 March 1983 U.P. Jail Nursing Service Rules, 1983 Published Vide Notification No. 1116/22-82-1367-61, dated 14th March, 1983 and published in the U.P. Gazette, dated 14th March, 1983 In exercise of the powers conferred by the provision to Article 309 of the Constitution and in supersession of all existing rules and orders on the subject, the Governor is pleased to make the following rules regulating recruitment and conditions of Service of persons appointed to the Uttar Pradesh Jail Nursing Service : Part I – General ------------------ ### 1. Short title and commencement. (1) These rules may be called the Uttar Pradesh Jail Nursing Service Rules, 1983. (2) They shall come into force at once. ### 2. Status of the Service. - The Uttar Pradesh Jail Nursing Service is a subordinate service comprising Group 'C' posts. ### 3. Definitions. - In these rules, unless there is anything repugnant in the subject or context,- (a) "Appointing Authority" means the Deputy Inspector-General of Prisons, Headquarter, Uttar Pradesh, Lucknow. (b) "Citizen of India" means a person who is or is deemed to be citizen of India under Part II of the Constitution. (c) "Constitution" means the Constitution of India. (d) "Deputy Inspector-General" means the Deputy Inspector-General of Prisons, Headquarters, Uttar Pradesh dealing with the establishment of the Jail Nursing Service. (e) "Government" means the State Government of Uttar Pradesh. (f) "Governor" means the Governor of Uttar Pradesh. (g) "Inspector-General" means the Inspector-General of Prisons, Uttar Pradesh. (h) "Member of Service" means a person substantively appointed under these rules or the rules or orders in force prior to the commencement of these rules to a post in the cadre of the Service. (i) "Service" means the Uttar Pradesh Jail Nursing Service. (j) "Substantive appointment" means an appointment not being an ad hoc appointment on a post in the cadre of the Service made after selection in accordance with the rules and if there are no rules, in accordance with the procedure prescribed for the time being by executive instructions issued by the Government. (k) "Year of Recruitment" means a period of twelve months commencing from the first day of July of a calendar year. Part II – Cadre ----------------- ### 4. Cadre of Service. (1) The strength of the Service and of each category of posts therein shall be such as may be determined by the Government from time to time. (2) The strength of the Service and of each category of posts therein shall, until orders varying the same are passed under sub-rule (1), be as given in Appendix 'A'- (i) the appointing authority may leave unfilled or the Governor may hold in abeyance any vacant post without thereby entitling any person to compensation; and (ii) the Governor may create such additional permanent or temporary posts as he may consider proper. Part III – Recruitment ------------------------ ### 5. Source of recruitment. - Recruitment to the various categories of posts in the Service shall be made by direct recruitment. ### 6. Reservations. - Reservation for the candidates belonging to Scheduled Castes, Scheduled Tribes and Backward Classes and other categories shall be in accordance with the orders of the Government in force at the time of recruitment. Part IV – Qualification ------------------------- ### 7. Nationality. - A candidate for direct recruitment to a post in the Service must be- (a) a citizen of India; or (b) a Tibetan refugee who came over to India before the first January, 1962 with the intention of permanently settling in India; or (c) a person of Indian origin who has migrated from Pakistan, Burma, Sri Lanka or any of the East African countries of Kenya, Uganda and the United Republic of Tanzania (formerly Tanganyika and Zanzibar) with the intention of permanently settling in India : Provided that a candidate belonging to category (b) or (c) above must be a person in whose favour a certificate of eligibility has been issued by the State Government: Provided further that a candidate belonging to category (b) will also be required to obtain a certificate of eligibility granted by the Deputy Inspector-General of Police, Intelligency Branch, Uttar Pradesh : Provided also that if a candidate belong to category (c) above, no certificate of eligibility will be issued for a period of more than one year and the retention of such a candidate in Service beyond the period of one year shall be subject to his acquiring Indian Citizenship. Note.-A candidate in whose case a certificate of eligibility is necessary but the same has neither been issued nor refused, may be admitted to an examination or interview and he may also be provisionally appointed subject to the necessary certificate being obtained by him or issued in his favour. ### 8. Academic qualifications. - The following are the qualifications for direct recruitment to the various posts in the Service. Essential: (1) Matron (a) Must have passed the Intermediate Examinations with Science and Biology of the Board of High School and Intermediate Education, Uttar Pradesh or any other examination recognised by the Government as equivalent thereto; (b) must hold a diploma in Medical and Surgical Nursing of men, women and children; (c) must hold a diploma in midwifery from a recognised institution; (d) must hold a diploma of post certificate course in Nursing Administration; (e) must have experience as Sister for 5 years; (f) must be registered or registerable with U. P. Nurses and Midwikes Council both as Nurse and Midwife; and (g) must have working knowledge of Hindi written in Devnagri script. Preferential : Other things being equal, a candidate having the following qualifications shall be given preference in the matter of direct recruitment: (a) Degree of B.Sc. (Nursing) or M.Sc. (Nursing) from a recognised institution; (b) a certificate in Public Health Nursing from a recognised institution; and (c) experience as Sister or as Assistant Matron. Note.-Males shall not be eligible for recruitment to the post of Matron. (2) Nurse (a) Must have passed the High School Examination of the Board of High School and Intermediate Education, Uttar Pradesh or any other examination recognised by the Government as equivalent thereto; (b) must hold a diploma in midwifery from a recognised institution or an Auxiliary Nursing Certificate. (c) must be registered with the U. P. Nursing and Mid wives Council both as Nurse and Midwife; (d) must hold a diploma in Medical and Surgical Nursing of men, women and children; and (e) have working knowledge of Hindi written in Devnagri script. Note.-Males shall not be eligible for recruitment to the posts of Nurse. (3) Compounder (Pharmacist) (a) must have passed the Intermediate Examination with Science and Biology of the Board of High School and Intermediate Education, Uttar Pradesh or an examination recognised by the Government as equivalent thereto ; (b) must hold the Uttar Pradesh State Medical Faculty's diploma in Pharmacy of having undergone the prescribed course of training including practical training; (c) must be registered as pharmacist with the State Pharmacy Council; and (d) must possess good working knowledge of Hindi written in Devnagari Script. (4) X-ray Technician (a) must have passed the Intermediate Examination with Physics, Chemistry and Mathematics of the Board of High School and Intermediate Education, Uttar Pradesh or an examination recognised by the Government as equivalent thereto; (b) must hold the Uttar Pradesh State Medical Faculty's diploma in X-Ray Technology of having undergone the prescribed course of training including practical training; and (c) must possess good working knowledge of Hindi written in Devanagri script. (5) Laboratory Technician (a) must have passed the Intermediate Examination with Science of the Board of High School and Intermediate Education, Uttar Pradesh or an examination recognised by the Government as equivalent thereto; (b) must hold the Uttar Pradesh State Medical Faculty's diploma in Laboratory Technology of having undergone the prescribed course of training including practical training; and (c) must possess good working knowledge of Hindi written in Devanagri script. (6) Steward (a) must have passed the Intermediate examination of the Board of High School and Intermediate Education, Uttar Pradesh or an examination recognised by the Government as equivalent thereto; (b) must be skilled and must have practical knowledge in catering and management of cook house and distribution of food and purchase of edible articles; and (c) must possess good working knowledge of Hindi written in Devanagri script. ### 9. Preferential qualifications. - A candidate who has- (i) served in the Territorial Army for a minimum period of two years, or; (ii) obtained a 'B' certificate of the National Cadet Corps shall, other things being equal, be given preference in the matter of direct recruitment. ### 10. Age. - Minimum and maximum age limits for candidate for direct recruitment to the various posts in the Service shall be as indicated below against each post, and shall be reckoned as on January 1 of the year in which recruitment is to be made if the posts are advertised during the period January 1 to June 30, and on July 1, if the posts are advertised during the period July 1 to December 31. | | | | --- | --- | | | Age | | | Min. | | Max. | | Matron | 25 | - | 40 | | Nurse | 21 | - | 40 | | Compounder (Pharmacist) | 18 | - | 28 | | X-Ray Technician | 18 | - | 28 | | Laboratory Technician | 18 | - | 28 | | Steward | 18 | - | 28 | Provided that the upper age-limit in the case of candidates belonging to the Scheduled Castes, Scheduled Tribes and such other categories as may be notified by the Government from time to time shall be greater by such number of years as may be specified. ### 11. Character. - The character of a candidate for direct recruitment to a post in the Service must be such as to render him suitable in all respects for employment in Government service. The appointing authority shall satisfy itself on this point. Note- Persons dismissed by the Union Government or a State Government or a local authority or by a corporation or body owned or controlled by the Union Government or a State Government shall be ineligible for appointment to any post in the Service. Persons convicted of an offence involving moral turpitude shall also be ineligible. ### 12. Marital status. - A male candidate who has more than one wives living or a female candidate who has married a man already having wife living, shall not be eligible for appointment to a post in the Service : Provided that the Government may, if satisfied that there exist special grounds for doing so, exempt any person from the operation of this rule. ### 13. Physical fitness. - No candidate shall be appointed to a post in the Service unless he be in good mental and bodily health and free from the physical defect likely to interfere with the efficient performance of his duties. Before a candidate is finally approved for appointment he shall be required to produce a medical certificate of fitness in accordance with the rules framed under Fundamental Rule 10 contained in Chapter III of the Financial Handbook, Volume II, Part III. Part V – Procedure For Recruitment ------------------------------------ ### 14. Determination of vacancies. - The appointing authority shall determine and notify to the Employment Exchange in accordance with the rules and orders for the time being in force, the number of vacancies to be filled during the course of the year as also the number of vacancies reserved for the candidates belonging to Scheduled Castes, Scheduled Tribes and other categories under Rule 6. ### 15. Selection Committee. (1) For the purpose of recruitment, there shall be constituted a selection committee comprising- (a) the Deputy Inspector-General of Prisons. (b) the Deputy Chief Medical Officer (I), Lucknow, and (c) the Medical Superintendent of Model Prison, Lucknow. (2) The selection committee shall scrutinize the applications and require the eligible candidates to appear in interview. (3) The selection committee shall prepare a list of candidates in order of merit as disclosed by the marks obtained by each candidates in the interview. If two or more candidates obtain equal marks the selection committee shall arrange their names in order of merit on the basis of their general suitability for the post. The number of the names in the list shall be larger (but not larger by more than 25 per cent) than the number of vacancies. ### 15A. Procedure for direct recruitment for the posts of Compounder (Pharmacist, X-ray Technician, Laboratory Technician and Steward. - Direct Recruitment to the posts of Compounder (Pharmacist) , X-Ray Technician, Laboratory Technician and Steward in the Service shall be made in accordance with the provisions of the Uttar Pradesh Procedure for Direct Recruitment for Group 'C' Posts (Outside the Purview of the Uttar Pradesh Public Service Commission) Rules, 1998, as amended from time to time. Part VI – Appointment, Probation, Seniority and Confirmation -------------------------------------------------------------- ### 16. Appointment. (1) The appointing authority shall make appointment by taking the name of candidates in the order in which they stand in the lists prepared under Rule 15 or Rule 15-A, as the case may be. (2) If more than one order of appointment are issued in respect of any one selection, a combined order shall also be issued, mentioning the name of the persons in order of seniority as determined in the Selection. ### 17. Probation. (1) A person on appointment to a post in the Service in or against a permanent vacancy shall be placed on probation for a period of two years. (2) The appointing authority may, for reason to be recorded, extend the period of probation in individual cases, specifying the date up to which the extension is granted : Provided that save in exceptional circumstances, the period of probation shall not be extended beyond one year and, in no circumstances beyond two years. (3) If it appears to the appointing authority at any time during or at the end of the period of probation or extended period of probation that a probationer has not made sufficient use of his opportunities or has otherwise failed to give satisfaction, he may be reverted to his substantive post, if any and if he/she does not hold a lien on any post his/her services may be dispensed with. (4) A probationer who is reverted or whose services are dispensed with under sub-rule (3) shall not be entitled to any compensation. (5) The appointing authority may allow continuous Service rendered in an officiating or temporary capacity in a post included in the cadre or any other equivalent or higher post, to be taken into account for the purpose of computing the period of probation. ### 18. Confirmation. - A probationer shall be confirmed in his appointment at the end of his period of probation or the extended period of probation if- (a) he has successfully undergone the prescribed training if any, (b) his work and conduct are reported to be satisfactory, (c) his integrity is certified, and (d) the appointing authority is satisfied that he is otherwise fit for confirmation. ### 19. Seniority. - Except as herein provided the seniority of persons appointed in any category of post shall be determined from the date of the order of substantive appointment and if two or more persons are appointed, together, by the order in which their names are arranged in the appointment order: Provided that if the appointment order specifies a particular back date with effect from which a person is substantively appointed, that date will deemed to be the date of order of substantive appointment and in other cases, it shall mean the date of issue of the order. Part VII – Pay Etc. --------------------- ### 20. Scales of Pay. (1) The scales of pay admissible to persons appointed to the various categories of posts to the Service whether in a substantive or officiating capacity or as a temporary measure shall be such as may be determined by the Government from time to time. (2) The scales of [pay] [See now Revised Pay Scale.] at the time of the commencement of these rules are as follows: | | | | | --- | --- | --- | | | Name of Post | Scale of Pay | | 1. | Matron | 515-15-590-18-626-E.B.-18-680-20-780-E.B.-20-860. | | 2. | Nurse | 470-15-575-E.B.-15-650-17-701-E.B.-17-735. | | 3. | Compounder (Pharmacist) | 400-10-450-12-474-E.B.-12-570-E.B.-15-615. | | 4. | X-Ray Technician | 400-10-450-12-474-E. B.-12-570-E.B.-15-615. | | 5. | Laboratory Technician | 400-10-450-12-474-E.B.-12-570-E.B.-15-615. | | 6. | Steward | 354-10-424-E.B.-10-^54-12-514-E.B.-12-550. | ### 21. Pay during probation. (1) Notwithstanding any provisions in the Fundamental Rules to the contrary, a person on probation if he/she is not already in permanent Government service shall be allowed first increment in the time-scale when he/she has completed one year of satisfactory Service and has undergone training, where prescribed and second increment after two years Service when he has completed the probationary period and is also confirmed : Provided that if the period of probation is extended on account of failure to give satisfaction, such extension shall not count for increment unless the appointing authority direct otherwise. (2) The pay during probation of a person who was already holding a post under the Government, shall be regulated by the relevant fundamental rules : Provided that, if the period of probation is extended on account of failure to give satisfaction, such extension shall not count for increment unless the appointing authority directs otherwise. (3) The pay during probation of a person already in permanent Government service, shall be regulated by the relevant rules, applicable generally to Government servants serving in connection with the affairs of the State. ### 22. Criteria for crossing efficiency bar. - No person shall be allowed to cross:- (i) the first efficiency bar (where there are two such bars) unless his work and conduct are found to be satisfactory and unless his integrity is certified, and (ii) the second efficiency bar or the single efficiency bar unless he/she worked diligently and the best of his ability, his/her work and conduct are found to be satisfactory and unless his/her integrity is certified. Part VIII – Other Provisions ------------------------------ ### 23. Canvassing. - No recommendations, either written or oral, than those required under the rules applicable to the post of Service shall be taken into consideration. Any attempt on the part of a candidate to enlist support directly or indirectly for his candidature will disqualify him for appointment. ### 24. Regulation of other matters. - In regard to the matters not specifically covered by these rules or by special orders, persons appointed to the Service shall be governed by the rules, regulations and orders applicable generally to Government servants serving in connection with the affairs of the State. ### 25. Relaxation on the conditions of Service. - Where the State Government is satisfied that the operation of any rule regulating the conditions of Service of persons appointed to the Service causes undue hardship in any particular case, it may, notwithstanding anything contained in the rules applicable to the case, by order, dispense with or relax the requirements of that rule to such extent and subject to such conditions as it may consider necessary for dealing with the case in a just and equitable manner. ### 26. Savings. - Nothing in these rules shall affect reservations and other concessions required to be provided for the candidates belonging to Scheduled Castes, Scheduled Tribes and other special categories of persons in accordance with the order of the Government issued from time to time in this regard. Appendix [See Rule 4 (2) ] The sanctioned strength of the Service is as follows: | | | | | | --- | --- | --- | --- | | | Name of Post | Number of posts | Total | | Permanent | Temporary | | 1. | Matron | 3 | ... | 3 | | 2. | Nurse | 2 | 2 | 4 | | 3. | Compounder (Pharmacist) | 72 | 56 | 128 | | 4. | X-Ray Technician | 1 | ... | 1 | | 5. | Laboratory Technician | ... | 7 | 7 | | 6. | Steward | 1 | ... | 1 |

65b99bf0ab84c7eca86e971a

acts

State of Haryana - Act ------------------------ Haryana Corneal Grafting Act, 1974 ------------------------------------ HARYANA India Haryana Corneal Grafting Act, 1974 ==================================== Act 25 of 1974 ---------------- * Published on 2 August 1974 * Commenced on 2 August 1974 Haryana Corneal Grafting Act, 1974 Haryana Act No. 25 of 1974 Statement of objects and Reasons. - In the State of Haryana the incidence of Trachoma and other eye infections amongst the people is high, resulting in blindness in many cases. For some of the blind people it is possible to give them sight again, by corneal graft. This operation involves replacement of a bad corneal with a corneal from a dead person's eye. For this purpose Eye-Banks can be maintained at the District Hospitals and the Medical College Hospital, where healthy corneal from a dead person's eye can be kept for a short period. Through education and persuasion many persons can be convinced that they voluntarily donate their eyes, which will be utilised after their death. This Act which already existed in the joint Punjab has to be adopted for the State of Haryana, so that this sight-saving work could be undertaken. This act has the provision for the use of eyes of deceased persons for therapeutic purposes. A person has to give it in writing in the presence of witnesses his express desire to offer his eyes after death for the therapeutic purposes, and the person lawfully in possession of his body after his death, will allow the removal of the cornea from his eyes. Legislation is needed for this purpose and the Haryana Corneal Grafting Bill 1974 is being put up for enactment. For Statement of Objects and Reasons, see Haryana Government Gazette Extraordinary, dated the 28th June, 1974, page 881. Received the assent of the Governor of Haryana on the 2nd August, 1974, and first published for general information in the Haryana Government Gazette (Extraordinary) , Legislative Supplement Part I of 5th August, 1974. An Act to make provision with respect to the use of eyes of deceased persons for therapeutic purposes. Be it enacted by the Legislature of the State of Haryana in the Twenty-fifth Year of the Republic of India as follows :- ### 1. Short title and extent. (1) This Act may be called the Haryana Corneal Grafting Act, 1974. (2) It extends to the whole of the State of Haryana. ### 2. Definitions. - In this Act, unless the context otherwise requires, - (a) "approved institution" means a hospital or a medical or teaching institution for therapeutic purposes approved by the State Government for the purposes of this Act; (b) "near relative" means any of the following relatives of the deceased, namely, a wife, husband parent, son, daughter, brother and sister, and includes any other person who is related to the deceased - (i) by lineal or collateral consanguinity within three degrees in lineal relationship and six-degrees in collateral relationship ; or (ii) by marriage either with the deceased or with any relative specifically mentioned in this clause or with any other relative within the aforesaid degrees. Explanation. - The expression "lineal and collateral consanguinity" shall have the meanings assigned to them respectively in sections 25 and 26 of the Indian Succession Act, 1925 ; (c) [ "registered medical practitioner (ophthalmic)" means a medical practitioner who possesses a recognised medical qualification, included in the First and Third Schedules to the Indian Medical Council Act, 1956, and possesses a post-graduate qualification in ophthalmology or a certificate showing that he has received training in nucleation procedure in the ophthalmic department of a hospital or a teaching institution for therapeutic purposes approved by the State Government in this behalf and who is enrolled on a State Medical Register as defined in clause (k) of section 2 of the said Act.] [Substituted vide Haryana Act 19 of 1989.] . ### 3. Removal of eyes of deceased person. (1) If any person, either in writing at any time or orally in the presence of two or more witnesses [at least one of whom is a near relative of such person] [Inserted vide Haryana Act 19 of 1989.] during his last illness, has expressed a request that his eyes be used for therapeutic purposes after his death, the persons lawfully in possession of his body after his death, may, unless he has reason to believe that the request was subsequently withdrawn, authorise [a requested medical practitioner (ophthalmic) for] [Inserted vide Haryana Act 19 of 1989.] the removal of the eyes from the body for use for those purposes. (2) Without prejudice to the provisions of sub-section (1), the person lawfully in possession of the body of a deceased person may authorise the removal of the eyes from the body for the purposes aforesaid unless that person has reason to believe - (a) that the deceased had expressed an objection to his eyes being so dealt with after his death and had not withdrawn such objection ; or (b) that a near relative of the deceased objects to the deceased's eyes being so dealt with. (3) An authority given under the provisions of this section in respect of any deceased persons shall be sufficient warrant for the removal of the eyes from the body and their use for the purpose aforesaid; but no such removal shall be effected except by a registered medical practitioner [(ophthalmic)] [Inserted vide Haryana Act 19 of 1989.] working in an approved institution who had satisfied himself by a personal examination of the body that life is extinct. ### 4. Authority when not to be given. - The authority for the removal of the eyes shall not be given under Section 3 if the person empowered to give such authority has reason to believe that an inquest may be required to be held on the body in accordance with the provisions of any law for the time being in force in that behalf. ### 5. No authority for removal of eyes when body is entrusted to person by another only for cremation, etc. - No authority for the removal of eyes shall be given under Section 3 in respect of the body of a deceased person by a person entrusted by another person with the body of a deceased person for the purpose only of its interment or cremation. 6. Authority for removal of eyes in case of unclaimed bodies. - (1) In case of a dead body lying in an approved institution or prison and not claimed by any of the near relatives of the deceased person, the person in charge, for the time being, of the management or in control of the approved institution or prison or by an employee of such approved institution or person, authorised in this behalf by the person in charge of the management or control thereof may give authority for removal of the eyes from the dead body in the form prescribed. [(2) The authority under sub-section (1) shall not be given except after the expiry of- (i) half an-hour from the time of death of the concerned person in cases where no facility for cold storage of the dead body is available in the approved institution or prison ; or (ii) two hours from the time of death of the concerned person in cases where facility for cold storage of the dead body is available in the approved institution or prison. (3) No authority under sub-section (1) shall be given if the person empowered to give such authority has reason to believe that any near relative of the deceased is likely to claim the dead body even though such near relative his not come forward to claim the body of the deceased within the time specified in clause (i) or clause (ii) of sub-section (2), as the case may be.] [Section 6 Substituted vide Haryana Act No. 19 of 1989.] 6A. Authority for removal of eyes from bodies sent for post-mortem. - Where the body of a person has been sent for post mortem examination - [(a) for medico-legal purposes by reason of the death of such person having been caused by accident or any other unnatural cause ; or (b) for pathological purposes, the person competent under this Act to give authority for the removal of the eyes from such dead body may, if he has reason to believe that the eyes will not be required for the purpose for which such body has been sent for post mortem examination, authorise the removal for therapeutic purposes. of the eyes of such deceased person ; provided that he is satisfied that the deceased person had not expressed, before his death, any objection to his eyes being used for therapeutic purposes after his death or, there he had granted an authority for the use of his eyes for therapeutic purposes after his death such authority had not been revoked by him before his death.] ### 6B. Preservation of eyes removed from dead bodies. - After the removal of the eyes from the dead body, the registered medical practitioner (ophthalmic) shall take such steps for the preservation of the eyes so removed as may be prescribed." ### 7. Saving. (1) Nothing in the foregoing provisions of this Act shall be construed as rendering unlawful any dealing with the body, or any part thereof, of a deceased person which would have been lawful if this Act had not been passed. (2) [ Neither the grant of any authority for the removal of eyes from the dead body in accordance with the provisions of this Act nor the removal of eyes from the dead body in pursuance of such authority shall be deemed to be an offence punishable under section 297 of the Indian Penal Code, 1860] [Added vide Haryana Act 19 of 1989.] . ### 7A. [ Protection of action taken in good faith. [Section 7A Substituted vide Haryana Act 19 of 1989.] - No suit, prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or intended to be done; under this Act.] [Added vide Haryana Act 19 of 1989.] . ### 8. Repeal. - The Punjab Corneal Grafting Act, 1963 (Punjab Act 13 of 1963), in its application to the State of Haryana, is hereby repealed. ### 9. [ Power to make rules. [Section 9 Substituted vide Haryana Act 19 of 1989.] (1) The State Government may, by notification, make rules for carrying out the purposes of this Act. (2) In particular, 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 of authority under Section 6 ; (b) manner of preservation of removed eyes, under section 6-B ; (c) any other matter which is required to be or may be prescribed. (3) Every rule made under this Act shall be laid, as soon as may be, after it is made, before the House of State Legislative Assembly while it is in sessions, for a total period of thirty days which may be comprised in one sessions or in two or more successive sessions, and if, before the expiry of the sessions immediately following the session or the successive session aforesaid, the House agrees in making any modification in the rules or that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however, that any such modification or amendment shall be without prejudice to the validity of anything previously done under that rule.]

65babe6dab84c7eca86ec6ec

acts

State of Jammu-Kashmir - Act ------------------------------ The Jammu and Kashmir Official Languages Act, 2020 ---------------------------------------------------- JAMMU & KASHMIR India The Jammu and Kashmir Official Languages Act, 2020 ==================================================== Act 23 of 2020 ---------------- * Published in Gazette of India 23 on 26 September 2020 * Not commenced An Act to provide for the languages to be used for the official purposes of the Union territory of Jammu and Kashmir and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Seventy-first Year of the Republic of India as follows:- ### 1. Short title, extent and commencement.- (1) This Act may be called the Jammu and Kashmir Official Languages Act, 2020. (2) It extends to the Union territory of Jammu and Kashmir. (3) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint: Provided that the Administrator may appoint different dates for different areas in the Union territory. ### 2. Definitions.- In this Act, unless the context otherwise requires,- (a) "Administrator" means the Lieutenant Governor of the Union territory of Jammu and Kashmir appointed by the President under article 239 of the Constitution; (b) "Union territory" means the Union territory of Jammu and Kashmir. ### 3. Official languages of Union territory.- With effect from such date as the Administrator may, by notification in the Official Gazette, appoint in this behalf, the Kashmiri, Dogri, Urdu, Hindi and English languages shall be the official languages to be used for all or any of the official purposes of the Union territory: Provided that the English language may continue to be used, for those administrative and legislative purposes, in the Union territory for which it was being used before the commencement of this Act: Provided further that the business in the Legislative Assembly of the Union territory shall be transacted in the official language or languages of the Union territory. ### 4. Promotion and development of regional languages.- (1) The Administrator may, for the promotion and development of regional languages of the Union territory, take necessary steps to strengthen the existing institutional mechanisms such as the Academy of Art, Culture and languages in the Union territory. (2) The institutional mechanisms referred to in sub-section (1) shall make special efforts for the promotion and development of Gojri, Pahari and Punjabi languages. ### 1. 29th September, 2020, vide notification No. S.O. 3394(E) , dated 29th September, 2020 see Gazette of India, Extraordinary, Part II, sec. 3 (ii) .

65bada33ab84c7eca86ec9a1

acts

State of Jharkhand - Act -------------------------- The Jharkhand Education Tribunal Act, 2005 -------------------------------------------- JHARKHAND India The Jharkhand Education Tribunal Act, 2005 ============================================ Act 6 of 2005 --------------- * Published on 14 August 2005 * Commenced on 14 August 2005 The Jharkhand Education Tribunal Act, 2005 (Jharkhand Act 6 of 2005 ) Published in Jharkhand Gazette (extraordinary) , dated 14.8.2005. An Act to make suitable provisions for constitution of a statutory forum, to be known as Appellate Tribunal for looking into the grievances of teachers of aided, affiliated and Private Educational Institutions and that of the parents/guardians of the students studying therein and to comply with the order of the Hon'ble Supreme Court in the matter of TMA Pal vs. Karnataka State and the ruling dated the 5th August, 2003 passed by the Division Bench of the Honourable Jharkhand High Court in the matter of WP (PIL) No. 2744 of 2003. Be it enacted by the Legislature of the State of Jharkhand in the fifty sixth year of the Republic of India as follows :- Chapter I Preliminary -------------------------- ### 1. Short title, extent and commencement. (1) This Act may be called the Jharkhand Education Tribunal Act, 2005; (2) It extends to the whole of State of Jharkhand; (3) The provisions of this Act shall come into force with effect from the date fixed by the State Government, by notification. ### 2. Definition. - In this Act, unless the context otherwise requires- (a) "Administrative Member" means a member of a Tribunal who is not a Educationist Member within the meaning of Section 4(i); (b) "Application" means an application made under Section 9; (c) "Appointed day" in relation to a Tribunal, means the date with effect from which it is established, by notification, under Section 3; (d) "Bench" means a Bench of the Tribunal; (e) "Jharkhand Education Tribunal" means the Tribunal established under Section 3; (f) "Chairman" means the Chairman of the Tribunal; (g) "Educationist Member" means a Member of the Tribunal appointed as such under this Act, who possesses any of the qualifications specified in sub-section 4 (ii) of Section 4; (h) "Member" means a Member (Whether Educationist or Administrative) of the Tribunal, and includes the Chairman; (i) "Notification" means a notification published in the Official Gazette; (j) "Prescribed" means prescribed by rules made under this Act; (k) "Rules" means rules made under Sections 20 and 21 of this Act; (l) "Service" means service rendered to the educational institutions is specified in Section 2(n); (m) "Service matter in relation to a person", means all matter relating to the conditions of his service in connection with the affairs of the educational institution, other than Govt, institution; (n) "Educational institution" means any educational institution managed and administered by private management located within the State of Jharkhand. Chapter II ------------ ### 3. Establishment of Jharkhand Education Tribunal. - The State Government may by education establish an Education Tribunal, to be known as Jharkhand Education Tribunal. ### 4. Composition of Tribunal and Benches Thereof. (1) The Tribunal shall consist of a Chairman and two members, one of whom shall be the Administrative member and the other shall be the Educationist member. (2) Notwithstanding anything contained in the foregoing provisions of the section it shall be competent for the Chairman or any other member or members authorized by the Chairman in this behalf to function as a Bench consisting of a single member or two members and exercise the jurisdiction, power and authority of the Tribunal in respect of such classes of cases or such matters pertaining to such classes of cases as the Chairman may by general or special order specify. (3) Subject to other provisions of this Act, the Tribunal shall normally have its sitting at Ranchi. But it may hold its sitting at any district headquarter of the State of Jharkhand as decided by the Chairman and members. (4) Qualifications for appointment of Chairman and Member :- (i) A person shall not be qualified for appointment as the Chairman unless he is a retired Judge of a High Court or retired offices of Indian Administrative Service of the rank of Secretary to the State Government. (ii) A person shall not be qualified for appointment as an Educationist member unless he; (a) Is, or has been a Vice-Chancellor of any university; or (b) Is, or has been a University Professor for a period of 5 years; or (c) Is, or has been a member of the State Education Service (Class-1) for period of 15 years. (iii) A person shall not be qualified for appointment as an administrative member unless he has for at least two years, held the post of at least an Additional Secretary to the Government of Jharkhand or any other post under the Central or a State Government carrying a scale of pay which is not less than that of an Additional Secretary to the Government of Jharkhand and shall have adequate administrative experience. , (iv) Subject to the provision of sub-section (4) of Section 4 the Chairman and every other member of the Jharkhand Education Tribunal shall be appointed by the State Government. ### 5. Term of Office. - The Chairman or other Member shall hold office as such for a term of three years from the date he joins the office provided that no Chairman or other Member shall hold office as such after he has attained, the age of sixty five years. ### 6. Salaries, allowances and other terms and conditions of service of Chairman and other Members. - The salaries and allowances payable to, and the other terms and conditions of service (including pension, gratuity and other retirement benefits) of the Chairman and other Member shall be such as may be prescribed by the State Government. Provided that neither the salary and allowances nor other terms and conditions of service of the Chairman or other Member shall be varied to his disadvantage after his appointment. ### 7. Staff of the Tribunal. (1) The State Government shall determine the nature and categories of the officers and other employees, required to assist the Tribunal in the discharge of its functions and provide the Tribunal with such officers and other employee as it thinks fit. These posts will be filled by either on deputation or contract basis. (2) The officers and other employees of a Tribunal shall discharge their functions under the general superintendence of the Chairman. (3) The salaries, allowances and conditions of service of the officers and other employees of a Tribunal shall be such as may be specified by rules made by the State Government. Chapter III Jurisdiction, Power and Authority of Tribunal -------------------------------------------------------------- ### 8. Jurisdiction, power and authority of the Jharkhand Education Tribunal. (1) Save as otherwise expressly provided in this Act, the Jharkhand Education Tribunal shall exercise on and from the appointed day, all the jurisdiction, power and authority exercisable immediately before that day by all Courts (Except the Jharkhand High Court and Supreme Court of India) regarding:- (a) Matters concerning recruitment to any post in connection with the affairs of the educational institution; (b) All matters concerning the service conditions of employees of the educational institutions; (c) Grievances of the employees against the management of the educational institutions; (d) Grievances of the guardians and parents of students against the management of the educational institutions regarding teaching standards, fee structure, infrastructural facilities, development works and allied matters related thereto; (e) Such matters relating to educational institutions as may be referred to the Tribunal by the State Government by notification from time to time. ### 9. Application to Tribunal. (1) Subject to other provisions of this Act, a person aggrieved by an order pertaining to any matter within the jurisdiction of a Tribunal may make an application to the Tribunal for the redressal of his grievances. Explanation. - For the purposes of this sub-section "Order" means an order made:- (A) by the Management of an aided, affiliated and private educational institution; (B) by an officer, committee or other body or agency of such educational institution referred to in Clause (A) (2) Every application under sub-section (1) shall be in such form and be accompanied by such documents or other evidence and by such fee, if any, in respect of the filing of such an application and by such other fees for the service or execution of processes as may be prescribed by the State Government; (3) On receipt of an application under sub-section (1) the Tribunal shall, if satisfied "that the application is fit for adjudication or trial by it, admit such an application. Where the Tribunal is not satisfied, it may summarily reject the application after recording its reasons. (4) Where an application has been admitted by the Tribunal under sub-section (3), every proceeding under the relevant service rules as to redressal of grievances in relation to the subject matter of such application pending immediately before such admission shall abate and save as otherwise directed by the Tribunal, no appeal or representation in relation to such matter shall thereafter be entertained under such rules. ### 10. Limitation. (1) A Tribunal shall not admit an application, unless- (a) the grievance in respect of which an application is made had arisen by reason of any order made at any time during the period of three years immediately preceding the date of the establishment of this Tribunal; and (b) no proceeding of the redressal of such grievance had commenced before the said date before any High Court. (2) Besides cases admissible for adjudication under sub-section (1), an application may be admitted within a period of six months from the date of the issue of the order by an educational institution. This limitation may be condoned by the Tribunal if it is satisfied that there exists sufficient cause for not making the application within such period. ### 11. Procedure and powers of Tribunal. (1) The Tribunal shall not be bound by the procedure-laid down in the Code of Civil Procedure, 1908 (5 of 1908), but shall be guided by the principles of natural justice and subject to the other provisions of this Act and of any rules made by the State Government. The Tribunal shall have power to regulate its own procedure including the fixing of places and time of its inquiry and whether to sit in public or in private. (2) The Tribunal shall decide every application made to it as expeditiously as possible. Ordinarily every application shall be decided after a perusal of relevant documents and written representations and hearing such oral arguments as may be advanced. After hearing the parties, the Tribunal shall adjudicate the dispute and pass such order/direction as thought fit and proper. (3) The Tribunal shall have, for the purpose of discharging its functions under this Act, the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 ..(5 of 1908), while trying a suit, in respect of the following matters, namely- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the production of documents; (c) receiving evidence on affidavits; (d) subject to the provisions of Sections 123 and 124 of the Indian Evidence Act, 1872 (1 of 1872), requisitioning any public record or document or copy of such record or document from any office; (e) issuing commissions, for the examination of witnesses or, documents; (f) reviewing its decisions; (g) dismissing a representation for default or deciding it ex parte; (h) setting aside any order of dismissal or other punishments passed by an educational institution; (i) any other matter, which may be referred by the State Government. ### 12. Right of applicant to take assistance of legal practitioner. - A person making an application to a Tribunal under this Act may either appear in person or take the assistance of a legal practitioner of his choice to present his case before the Tribunal. ### 13. Conditions for the making of interim order. - Notwithstanding anything contained in any other provisions of this Act or in any other law for the time being in force, no interim order (Whether by way of injunction or stay or any other manner) shall be made on or in any proceedings relating to any application unless:- (a) a copy of such application and that of all documents in support of the plea for the such interim order is furnished to the party against whom such application is made or proposed to be made; and (b) opportunity is given to such a party to be heard in the matter: Provided that a Tribunal may dispense with the requirements of Clause (a) and (b) and make an interim order as an exceptional measure if it is satisfied for reasons to be recorded in writing that it is necessary to do so for preventing any loss being caused to the applicant which cannot be averted otherwise. ### 14. Decision to be by majority. - If the members of a Bench differ in opinion on a point, the point shall be decided according to the opinion of the majority. The Chairman of the Tribunal will take steps to ascertain the majority view in such cases by a suitable Constitution of the Bench. ### 15. Appeal. - Appeal against the order/directions/judgements passed by the Tribunal will be before the Jharkhand High Court. ### 16. Proceeding before a Tribunal to be judicial proceedings. - All proceedings before a Tribunal shall be deemed to be judicial proceedings within the meaning of Sections 193, 219 and 228 of the Indian Penal Code (45 of 1860). ### 17. Member and Staff of Tribunal to be public servants. - The Chairman, Members, officers and employees provided under Section 7 to a Tribunal shall be deemed to be public servants within the meaning of Section 21 of the Indian Penal Code (45 of 1860). ### 18. Protection of action taken in good faith. - No suit, prosecution or legal proceedings shall lie against the Chairman and Members of the Education Tribunal, or any other person authorized by such Chairman and Members 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. ### 19. Act to have overriding effect. - The provisions of this Act shall have effect notwithstanding anything to the contrary contained in any other law for the time being in force or an instrument having effect by virtue of any law other than this Act. ### 20. Power of the State Government to make rule. - The State Government may, by notification, make rules to provide for all or any of the following matters, namely:- (a) the financial and administrative power, which the Chairman of a Tribunal may exercise; (b) the salaries, allowances and conditions of service of the officers and other employees of a Tribunal under sub-section (3) of Section 7; and (c) any other matter relating to the implementation of the provisions of this Act. ### 21. Power to make rule retrospectively. - The State Government shall make rules retrospectively but the State shall not make such any rules prior to the date of the effect of this Act. ### 22. Execution of Orders/Judgments. (a) The Tribunal shall, be deemed to be a Court within the meaning of the Contempt of Court Act, 1971. (b) have all the powers under Civil Procedure Code for executing any of its orders/directions and judgments. ### 23. Laying of rules. - Every rule made under this Act by the State Government shall be laid, as soon as possible before the State Legislature.

65b92829ab84c7eca86e8740

acts

State of Uttar Pradesh - Act ------------------------------ The United Provinces Estates Act, 1920 ---------------------------------------- UTTAR PRADESH India The United Provinces Estates Act, 1920 ======================================== Act 7 of 1920 --------------- * Published on 1 November 1920 * Commenced on 1 November 1920 The United Provinces Estates Act, 1920 U.P. Act No. 7 of 1920 For S.O.R. See Gazette 1920, Part VII, page 692. Adapted and modified by the Government of India (Adaptation of Indian Laws) Order, 1937. Adapted and modified by the Adaptation of Laws Order, 1950. (Received the assent of the Lieutenant Governor on the 1st November, 1920 and of the Governor-General on the 3rd December, 1920, and was [published] [See Gazette, 1920, Part VII, p. 1370.] under section 81 of the Government of India Act on the 25th December, 1920.) Whereas it is expedient to define and regulate the course of succession to impartible estates [\* \* \*] [Omitted U.P. Act IV of 1924, Section 2.] and facilitate the extension of the same course of succession to other estate [in the Provinces of Agra and Oudh which are not subject to the provisions of the Oudh Estates Act, 1869, as amended by the Oudh Estates (Amendment) Act of 1910 or of the Oudh Settled Estates Act, 1917 and to make better provision for the preservation of such estates, and whereas the previous sanction of the Governor-General has been obtained under sub-sections (2) and (3) of section 79 of the Government of India Act, 1915] [Inserted by U.P. Act IV of 1924.] ; It is hereby enacted as follows : ### 1. Short title and extent. - (1) This Act may be called the United Provinces Estates Act, 1920. [(2) [It shall extend to the whole of Uttar Pradesh] [Substituted by U.P. Act IV of 1924, Section 3.] : Provided that it shall not extend to estates in Oudh which are subject to the provisions of the Oudh Estates Act, 1869 as amended by the Oudh Estates (Amendment) Act of 1910 or of the Oudh Settled Estates Act, 1917.] EXTENT.-This Act has been extended to the areas mentioned in column 1 of the table under the Act or Order mentioned:in column 2 and enforced in such areas under notification, mentioned in column 3 with effect from the date mentioned, in column 4 against each, such area. | | | | | | --- | --- | --- | --- | | Areas | Act or Order under | Notification, if any, under which enforced | Date, from which enforced | | 1 | 2 | 3 | 4 | | 1. | Rampur District 1949 | U.P. Act XIl of 1950, Section 3. | .... | Dec. 30, 1949 | | 2. | Banaras District 1949 | Banaras (Application of Laws) Order, 1949 | No. 3262(1) /XVII, dated Nov. 30, 1949 | Nov. 30, 1949 | | 3. | Tehri-Garhwal district | Tehri Garhwal (Application of Laws) Order, 1949 | No. 3262 (2) / XVII, dated Nov. 30. 1949 | Ditto | ### 2. Interpretation clause. - In this Act, unless there is something repugnant in the subject or context,- (1) "attest" with its grammatical variations, when used with reference to any non-testamentary instrument, means to sign such instrument as a witness in the presence of the executant after having seen the executant sign the same or after having received from the executant a personal acknowledgment of his signature to the same. Explanation I. - When attestation by more than one witness is required it is not necessary that more than one of such witnesses shall be present at the same time. Explanation II. - No particular form of attestation is required. (2) "competent to contract" means competent to contract within the meaning of section 11 of the Indian Contract Act, 1872. (3) "estate holder" means a person to whom, any "estate" or immovable property to which, the provisions of Part I are applicable. (4) "minor" means a person who has not attained his majority under the provisions of Indian Majority Act, 1875. (5) "separate right" used with reference to immovable property means the right possessed by an owner who is exclusively entitled to the whole of such property or to a specific share or portion thereof. Explanation. - The interest of a member of a Hindu joint family in coparcenary property is not a separate right. (6) "settled estates" means immovable property for the time being subject to the provisions of Part II by virtue of a declaration made under section 27. (7) words expressing relationship denote only legitimate relationship, but apply to children in the womb who are born alive. Part I -------- ### 3. Application for a declaration under Part I. - Notwithstanding anything in any other enactment contained, it shall be lawful for any person competent to contract who is the owner- (a) of immovable property which by family custom descends to a single heir according to the rule of primogeniture, or (b) of a separate, permanent, heritable and transferable right in any immovable property [\* \* \*] [Omitted U.P. Act IV of 1924, Section 4.] and,- (i) who holds the title of Maharaja Bahadur, Maharaja, Raja Bahadur, Raja, Nawab Mumtaz-ud-daula, Nawab Bahadur, or Nawab, if conferred or recognized by the Central Government or the State Government, or (ii) who holds as a hereditary title, the title of Rajwar, Rao Bahadur, Rao, Rai, Mirza Bahadur Mirza, Khan Bahadur, Rai Bahadur, Chaudhri, or Diwan, conferred or recognized by the Central Government or the State Government, or (iii) to whom such property was granted by the Central Government or the State Government as a reward for loyalty and good services or who has inherited directly or indirectly such property from the person to whom it was so granted; or (iv) who holds such right in land assessed to land revenue to the amount of not less than seven thousand rupees a year, to apply to the State Government for a declaration that the provisions of this part shall apply to him. The applicant shall annex to his application a schedule showing the immovable property owned by him and the land revenue assessed on it. Explanation I. - Where such land or any part of it is held revenue-free it shall be deemed to be assessed to land revenue to the amount nominally assessed on it for purpose of determining the rates payable in respect of it. Explanation II. - Where such land or any part of it is held revenue-free and land revenue has not been so nominally assessed the land revenue which shall be deemed to be payable for such land or such portion thereof shall be determined by rules made under clause (j) of sub-section (2) of section 38. ### 4. Rejection of application. - The State Government may reject such application either summarily or after such inquiry as it may think proper to make. ### 5. Issue of notice. - If such application is not rejected under section 4, the State Government shall publish in the Official Gazette a notice in English and in the vernacular reciting the fact that an application has been made and the purport thereof and calling upon all persons interested in opposing the application to do so in writing within six months from the date of the publication of the notice in English. ### 6. Grant or refusal of application. - The State Government after considering the application and the result of any inquiry made by it or under its orders and any further particulars or information called for by it and the cause (if any) shown by any person against the application, may either refuse or grant the application. ### 7. Notification and list of estate-holders. - If the application is granted, the State Government shall declare by notification in the Official Gazette that the provisions of this part have been made applicable to the applicant in respect of the immovable property in which he has a separate, permanent, heritable and transferable right at the date of the notification, and shall enter his name in a list which shall be maintained by the State Government. Such list shall from time to time be corrected in accordance with rules framed under section 38. ### 8. Power to add to estate. (1) Any estate holder may, by a registered instrument bearing a non-judicial stamp of fifteen rupees signed by him and attested by two or more witnesses, declare that any immovable property situated in Uttar Pradesh not being "estate" or "settled estate" within the meaning of the Oudh Estates Act, 1869, or the Oudh Settled Estates Act, 1917, respectively, in which he has a separate, permanent, heritable and transferable right, and which is specified in the instrument, is a part of his estate for the purposes of this Act. Such declaration shall take effect from the date of the registration thereof. (2) It shall be the duty of the registering officer to furnish the Collector of every district in which any portion of the property is situated with a properly authenticated copy of the declaration, and on receipt of such copy the Collector shall cause a note to be made in the record of rights relating to the immovable property specified and shall also cause a copy of the declaration to be published in the Official Gazette in English and in the vernacular. ### 9. Devolution of estates. - The estate or any portion of the estate of an estate-holder in respect of which he dies intestate shall descend to a single heir in accordance with the order of succession and subject to the conditions prescribed in the first Schedule : Provided that where a female succeeds for her life time only, or where two or more females successively so succeed, the person next in succession shall take a vested interest on the death of the last male estate-holder, subject to such interest being divested retrospectively in case any such female being a widow, adopts a son under the provisions of section 42. ### 10. Power of estate-holder to transfer or bequeath. (1) Every estate-holder competent to contract shall be competent to transfer or to bequeath any portion of his estate to which the provisions of Part II have not been applied, his right or interest therein, in accordance with and only to the extent permitted by the personal law applicable to him. (2) If such transfer or bequest is in favour of- (a) another estate-holder, or (b) the person who would have succeeded to such estate or would have taken a vested interest therein ; under the provisions of this Act, had the person so transferring or bequeathing died intestate as to his estate at the time when the transfer or bequest took effect, or (c) the daughter of the transferor or testator, or (d) a son of his daughter, or (e) a lineal male descendant in the male line, the transferee or legatee in such case shall be an estate-holder in regard to the property to which he may become entitled under or by virtue of such transfer or bequest and shall hold the same subject to the same conditions as if he had inherited it on an intestacy : provided that in cases (c), (d) and (e) the property so transferred or bequeathed is at the time of such transfer or bequest assessed or deemed to be assessed to land revenue to the amount of not less than [seven thousand rupees a year] [Substituted by U.P. Act 1 of 1928, Section 2.] . ### 11. Sections of Succession Act applied to wills of estate-holders. - Sections 49, 50, 51, 54, 55, 57, 58, 60 to 77, 82, 83, 85 and 88 to 98 of the [Indian Succession Act, 1865] [See now the Indian Succession Act, 1925 (Act XXXIX of 1925).] shall apply to all wills made by an estate-holder under the provisions of this Act for the purpose of bequeathing his estate, or any portion thereof or any interest therein : Provided that marriage shall not revoke any such will : Provided also that nothing herein contained shall affect wills made before the commencement of this Act. ### 12. Estate-holders' power to adopt. - An estate-holder permitted by the personal law applicable to him to adopt a son, or to give authority to his widow to adopt a son for him, shall be competent to adopt a son or to grant such authority. But no adoption made by an estate-holder or by his widow and no authority given after the date of the commencement of this Act shall be deemed to be valid unless in addition to the requirements (if any) imposed by the personal law of the estate holder the fact of such adoption has been declared, or such authority has been given, by a registered instrument attested by two or more witnesses. Where under the personal law applicable to an estate-holder his widow is competent to adopt a son without receiving authority from her husband for making such adoption, nothing herein contained shall be deemed to invalidate an adoption made by her merely by reason of no such authority being so given. ### 13. Maintenance of surviving relatives of estate holders. - When an estate-holder dies leaving any such relatives as are mentioned in the second Schedule, any person for the time being in possession of his estate shall be liable to the extent of the property of the deceased which has come into his possession to pay to each of such relatives during his or her life or for such other period as is hereinafter mentioned, by two equal half-yearly instalments a reasonable annuity not exceeding the amount mentioned in the Schedule : Provided that such relative was at the date of the death of the deceased living together with him; and also that such relative is and continues to be without any other adequate means of maintenance. If any part of the estate shall have been transferred or bequeathed by the deceased, the person for the time being in possession of such part or of the rents or profits thereof shall be liable to pay proportionate parts of the said annuities during the continuance thereof respectively. ### 14. Right to maintenance under personal law. - Nothing herein contained shall be deemed to affect the right to maintenance of any person not specified in the second schedule who would be entitled to maintenance from the estate-holder under the personal law that would have been applicable to him had no notification under section 7 been issued. ### 15. Continuance of annuities. - Subject to the provisions hereinbefore contained the maintenance shall continue- (a) in the case of a minor nephew till he ceases to be a minor ; (b) in the case of a daughter or widow till she would according to the personal law applicable to her cease to be entitled to maintenance ; (c) in all other cases till the annuitant dies. ### 16. Marriage expenses of daughters of estate holder. - The estate-holder for the time being in possession of the estate shall provide for the reasonable expenses of the marriage of an unmarried daughter or daughters of the person to whom he has succeeded, so far as the income of the estate may permit. ### 17. Meaning of "reasonable". - In determining what is a reasonable annuity under section 13 or reasonable expenses under section 16 regard shall be had to the usage of the family to which the estate-holder belonged or belongs as the case may be. ### 18. Application for removal from list of estate holders. - An estate holder competent to contract to whose estate the provisions of Part II do not apply may at any time apply to the State Government for a declaration that the foregoing provisions of this part shall cease to apply to him. The State Government on receipt of such application, may for any reason it may consider sufficient, declare that the foregoing provisions of this part shall cease to apply to an estate-holder and publish a notification to that effect in the Official Gazette in English and in the vernacular. From the date of the publication of such notification in English the foregoing provisions of this part shall cease to apply to the estate-holder, and his estate shall henceforward be held subject to the personal law that would have been applicable to him had no notification under section 7 been issued, and his name shall be struck off the list maintained under that section. ### 19. Judicial notice to be taken of notifications. - The Court shall take judicial notice of notifications under sections 7 and 18 as well as of entries made in the list under section 7. The production of a copy of an entry in the list, certified by the signature of one of the Secretaries of the State Government shall be conclusive proof of the fact of the entry in the said list. Part II --------- ### 20. Application for permission to settle property. - Notwithstanding any enactment to the contrary, it shall be lawful for an estate-holder, being entitled to a permanent, heritable and transferable right in an Estate, and in possession thereof and competent to contract, to apply in writing to the State Government for permission to declare that such estate or a portion thereof shall in future be held subject to the provisions of this part. ### 21. Rejection of application. - The State Government may reject such application either summarily or after such inquiry as it may think proper to make. ### 22. Issue of notice. - If such application is not rejected under section 21, the State Government shall publish in the Official Gazette a notice in English and in the vernacular, reciting the fact that an application has been made and the support thereof, and calling upon all persons having claims enforceable against the applicant or his immovable property to notify the same in writing within six months from the date of publication of the notice in English, and also to show cause in writing within such period why the permission sought by the applicant should not be granted, and shall, where such a course is practicable, serve a copy of such notice upon all persons known, or appearing from the application or other information received, to be interested in opposing the application. ### 23. Grant or refusal of permission. - The State Government, after considering the application and the result of any inquiry made by it or under its orders, and any further particulars or information called for by it, and the cause, if any, shown by any person against the application, may either grant or refuse permission, or grant permission in respect of a portion only of the property to which the application relates : Provided that where any portion of the immovable property of the applicant is subject to any encumbrance or charge, or may be held liable for any existing debt, demand or claim, the State Government shall not grant such permission unless the consent of all the encumbrancers upon, or persons entitled to changes upon, or person having claims enforceable against, the immovable property of the applicant is obtained, or the encumbrances, charges or claims of such persons as object to the grant of such permission are discharged, or arrangements considered satisfactor by the State Government are made for their discharge, or the State Government is satisfied that such persons will not be prejudiced by the grant of such permission. ### 24. Application for permission to add to the settled estate. (1) It shall be lawful for any person for the time being entitled to and in possession of a settled estate, and competent to contract, to apply to the State Government for permission to add to the settled estate any other immovable property in respect of which an application might be made by him under section 20. (2) On receipt of such application, the State Government shall proceed according to section 21 or sections 22 and 23. ### 25. Application for permission to revoke declaration. (1) Subject to the provisions of section 29, it shall be lawful for any person for the time being entitled to and in possession of a settled estate and being a male and competent to contract, to apply to the State Government for permission to revoke wholly or in part any declaration that property shall be held subject to the provisions of this part. (2) The State Government after considering the application and the result of any inquiry made by it or under its orders, and any further particulars or information called for by it, may either grant or refuse permission, or grant permission in respect of a portion only the property to which the application relates. ### 26. Form, contents and publication of permission. (1) Permission granted under sections 23, 24, or 25 shall be in writing, signed by one of the Secretaries to the State Government and shall contain a description of the immovable property in respect of which permission is granted sufficient to identify the same. (2) Every such permission shall be published in the Official Gazette in English and in the vernacular, and shall remain in force until the expiry of three months from the date of publication in English thereof or until the death of the applicant, whichever shall first happen. ### 27. Execution of declaration. - The applicant may, by an instrument in writing signed by him and attested by two or more witnesses, and registered within three months from the date of publication in English of such permission (but not by a will) declare that the whole or any portion of the property in respect of such permission has been granted under sections 23, 24 or 25 shall in future be held subject to or exempt from the provisions of this part as the case may be. Such declaration shall take effect from the date of the registration thereof. ### 28. Procedure. - Every declaration presented for registration under section 27 shall be accompanied by the written permission mentioned in section 26, and the registering officer before registering the declaration shall satisfy himself that the property specified in the declaration presented for registration is included in the permission granted under that section, and that such permission is still in force. ### 29. Power to make certain declarations irrevocable. - The person executing a declaration that any property shall be held subject to the provisions of this part may, in such declarations or by a subsequent instrument in writing, signed and attested as aforesaid, and registered, and any successor in interest of such person in possession of the settled estate and competent to contract, may, by an instrument signed and attested as aforesaid, and registered, provide that any such declaration shall as regards the whole or any specified portion of the settled estate be irrevocable. ### 30. Duties of registering officer and Collector. (1) On the registration of a declaration under section 28 or of such subsequent instrument as is mentioned in section 29, it shall be the duty of the registering officer to furnish the Collector or the Deputy Commissioner of every district in which any portion of the property is situated with a properly authenticated copy of the same. (2) On receipt of such copy the Collector or the Deputy Commissioner shall cause a note to be made in such record or register as the State Government shall direct, and shall also cause a copy of the declaration to be published in the Official Gazette in English and in the vernacular. ### 31. State Government empowered to exclude settled estate from operation of the Act. - Notwithstanding anything in this Act contained, it shall be lawful for the State Government for any reason which it may consider sufficient, on the application of the estate-holder, to declare by notification in the Official Gazette that the settled estate or any part thereof to which he is entitled and of which he is in possession shall cease to be subject to the provisions of this part. Such declaration shall take effect from the date of the publication thereof in English. ### 32. Dealings with settled estate to prejudice of successors prohibited. - Except as otherwise provided by this Act no person entitled to a settled estate shall have power to transfer, nor shall any Court cause to be sold in execution of a decree, such estate or any part thereof or any interest therein for any greater or larger interest or time than during his life, nor shall a settled estate or any part thereof, or the profits thereof be held by any Court to be or have vested in such person for any larger or greater interest or time than for his life. ### 33. Transfer of settled estate for a public purpose. (1) The person for the time being entitled to and in possession of a settled estate may, with the previous sanction of the State Government, transfer the same or any part thereof or any interest therein, either to the Government or to any local authority, company or person, and in such case the provisions of section 32 shall not be applicable. (2) Sanction shall only be given under sub-section (1) where the transfer is in the opinion of the State Government for a public purpose of a charitable or religious nature or for a purpose beneficial to the public or to a section of the public, and any such sanction may impose such conditions as the State Government deems expedient in respect of the extent or nature of the transfer or of the terms of the instrument (if any) by which the transfer is to be effected, or of any other matter. (3) The State Government in giving such sanction may also direct that the whole or any portion of the consideration for the transfer shall be used in the purchase of other immovable property and that the property so purchased shall form part of the settled estate. Explanation. - In this section "company" means a company as defined in clause (e) of section 3 of the Land Acquisition Act, 1894. ### 34. Leases of settled estate. (1) The person for the time being entitled to, and in possession of, a settled estate may lease the same or any part thereof- (a) from year to year, or for a term not exceeding seven years, without sanction, and (b) for a term exceeding seven years, with the previous sanction of the Collector or the Deputy Commissioner : Provided that it shall not be lawful for the Collector or the Deputy Commissioner to sanction- (i) a lease for an agricultural purpose for a period exceeding fourteen years, or (ii) a lease for any other purpose, unless such lease is permitted by, and is in accordance with the provisions of rules made under clause (b) of sub-section (2) of section 38. (2) The decision of the Collector or the Deputy Commissioner under subsection (1) that any lease is, or is not, for an agricultural purpose shall be final and conclusive. (3) A premium or fine shall not be taken on any lease for an agricultural purpose, but the best rent payable year by year shall be reserved that can be reasonably obtained. (4) A premium or fine on any lease, other than a lease for an agricultural purpose, shall not be taken, except in the circumstances, and subject to the conditions, specified in rules made in this behalf under clause (h) of sub-section (2) of section 38. (5) No payment of any instalment of rent before it falls due shall operate to the prejudice of any successor in interest of the person to whom the payment is made. (6) A lease granted under this section shall be subject to any provision of the Agra Tenancy Act, 1901 [or of the Oudh Rent Act, 1886] [See U.P. Tenancy Act, 1939.] as amended by subsequent Acts applicable thereto, so far as those provisions are consistent with the provisions of this section. ### 35. Devolution and bequest of settled estate. (1) Notwithstanding the provision of any contract or disposition to the contrary, every person for the time being entitled to a settled estate being a male, or being a female who, under the personal law applicable to her would constitute a fresh stock of descent if she succeeded the estate on an intestacy, shall, unless such person succeeded as a widow or a mother, constitute a fresh stock of descent for the purposes of section 9 and on the death of such person intestate the settled estate shall descend according to the provisions of that section. (2) Notwithstanding the provisions of any contract or disposition to the contrary, every person for the time being entitled to a settled estate who constitutes a fresh stock of descent according to sub-section (1) shall be competent to bequeath the same to any of the person mentioned in the first Schedule, but to no other person : Provided that such person shall not be competent to bequeath same except as an impartible estate to be held by one person only subject and in accordance with the provisions of this Act, or to subject the same or the profits thereof to any demand, charge or encumbrance whatsoever : Provided also that if the estate is bequeathed to a female who if she succeeded under the provision of section 9 would take a life estate only the bequest shall confer on her a life estate only. Part III ---------- ### 36. Jurisdiction of courts barred in certain matters. (1) No court shall question the validity or propriety of any declaration made under section 7 or section 18 except on the ground that the applicant was not competent to contract on the date on which he made his application. (2) No court shall question the validity or propriety of any declaration made under section 27 or section 29 as the case may be- (a) except in so far as the declaration purports to affect property not included in the written permission granted by the State Government, or (b) (where permission has been granted under section 23 or section 24) except in so far as the person by whom the declaration is made shall be found not to have been entitled to, and in possession of a permanent, heritable and transferable right in the immovable property included therein or such person was not Competent to contract, or (c) (where permission has been granted under section 25) unless such person shall be found not to have been entitled to, and in possession of, the settled estated at the date of the application under that section, or the declaration sought to be revoked was irrevocable. (3) Except as provided in sub-sections (1) and (2), no Court shall exercise jurisdiction in or over the following matters : (a) the legality, propriety or regularity of an application under sections 3, 18, 20, 24 or 25, or of any proceeding held or order passed thereon;. (b) the legality, propriety, regularity or sufficiency of any notice issued under section 5 or section 22 ; (c) the rejection of an application under section 4 or section 21, or the grant or refusal of permission under sections 6, 18, 23, 24 and 25; (d) the legality, propriety or regularity of any permission granted under section 26 or any proceeding held under section 30, subsection (2); (e) the sufficiency or otherwise of the reasons for the issue of a notification under section 18 or section 31 ; (f) the grant or refusal of sanction under section 33, or section 34 ; (g) propriety or validity of any decision under section 33 or section 34 that any transfer is, or is not, for a public purpose of a charitable or religious nature or for a purpose beneficial to the public or to a section of the public, or that any lease is, or is not, for an agricultural purpose. ### 37. Saving clause. (a) Nothing contained in this Act shall affect suits pending at the commencement of this Act, or shall be deemed to vest in or confer upon, any person any right or title to any estate, or any person thereof, or any interest therein, which is at the commencement of this Act vested in any other person who would have been entitled to retain the same if this Act had not been passed and the right or title of such other person shall not be affected by anything contained in this Act. (b) Nothing in Part II shall be deemed to deprive the holder for the time being of a settled estate of his right to adopt, or to empower his widow to adopt a son or to affect the right of any person to maintenance under Part I or to affect the provisions of the [Agra Tenancy Act, 1901] [See now U. P. Tenancy Act, 1939.] or of the Oudh Rent Act, 1886, as amended by subsequent Act or the right of the State Government or any public authority to recover by legal process any sum due on account of land revenue or recoverable as such or recoverable under the provisions of the Revenue Recovery Act, 1890. ### 38. Power to make Rules. (1) The State Government may, after previous publication, make rules for carrying out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing provisions, the State Government may make rules for all or any of the following matters ; (a) the procedure to be followed in submitting an application to the State Government under this Act ; (b) the form and contents of such application and the documents, if any, by which such application shall be accompanied ; (c) the issue and service of notices ; (d) the form of any declaration to be made under this Act ; (e) the maintenance and correction of the list mentioned in section 7 ; (f) the procedure to be adopted by the Collector or the Deputy Commissioner under sub-section (2) of section 30 ; (g) the payment or recovery of any expenses incurred in, or in connexion with, proceedings held under this Act ; (h) the period or periods for which and the restrictions and conditions subject to which, leases of the nature mentioned in the proviso to sub-section (1) of section 34 may be sanctioned by the Collector or the Deputy Commissioner. (i) the circumstances in which and the conditions subject to which, a premium or fine may be taken under sub-section (4) of section 34 on a lease, other than a lease for an agricultural purpose ; (j) the method in which the land revenue deemed to be payable on revenue-free land upon which land revenue has not been nominally assessed shall be determined. (3) Rules made under clause (e) of sub-section (2) may require a report to be made by any person becoming or ceasing to be an estate-holder to such authority as may be prescribed therein, and may prescribe a penalty for failure to make such report and the mode in which such penalty may be recovered. Schedule 1 ------------ Order of Succession to Estate of Estate-Holder. The order of succession to the estate of estate-holders shall be as follows : (1) firstly to the eldest son of such estate-holder ; (2) or if such eldest son shall have died in his lifetime, leaving male lineal descendants, then to the eldest and every other son of such eldest son successively, according to their respective seniorities and their respective male lineal descendants; (3) or, if such eldest son of such estate-holder shall have died in the estate-holders lifetime without leaving male lineal descendants, then to the second any every other son of such estate-holder, and their respective male lineal descendants ; (4) or, in default of such son or his male lineal descendants, if the personal law of the estate-holder permits him to adopt a son, to such person as the estate-holder shall have duly adopted and his male lineal descendants ; (5) or, in default of any such duly adopted son, or his male lineal descendants, then to the widow of the deceased estate holder for her lifetime only; or if there be more widows than one, to the widow first married to such estate-holder for her lifetime only ; (6) and on the death of such widow, where the personal law applicable to the estate-holder permits of a son being adopted to him, to such son as the said widow shall have duly adopted and his male lineal descendants ; (7) or, in default of such first married widow in default of a son duly adopted by her, and his male lineal descendants, then to the other widow, if any, of such estate-holder, next in order of marriage, for her life, and on the death of such other widow to a son duly adopted by her and his male lineal descendants, or, in default of such duly adopted son and his male lineal descendants, then to the other surviving widow in the order of their respective marriages for their respective lives and on their respective deaths, the sons duly adopted by them respectively and to the male lineal descendants for such sons respectively ; (8) or, in default of any such widow, or any such duly adopted son or any such male lineal descendants, then to the mother of the desceased estate-holder of her lifetime only : Explanation. - In this clause the words "mother" does not include a step mother, and in the case where the deceased was a duly adopted son, it means the wife or widow of the father, who joined in or made the adoption, or, if the adoption was made by the father alone, and there are at the time of the death of the deceased more widows than one, it means the one who was first married and on her death, the other surviving widows in the order of their respective marriages in succession. (9) or in default of or on the death of the mother then to the eldest and every other brother of such estate holder successively, and to their respective male lineal descendants successively, brothers of the whole blood and their descendants being preferred to brothers of the half blood and their descendants : (10) or, in default of such brother, or his male lineal descendants, then to the nearest male agnate according to the rule of lineal primogeniture ; (11) or, in default or any such agnate, then to such person as would have been entitled to succeed to the estate under the personal law that would have been applicable to such estate-holder had no notification under section 7 been issued : Provided that, when there are more persons than one so entitled the estate shall descend to a single person, according to the following rules, that is to say,- (i) where among such persons some are connected by blood relationship and some by reason of marriage, the blood relations shall exclude the relations by marriage ; (ii) where among such persons some are related by the whole blood and some by the half blood, those related by the whole blood shall exclude those related by the half blood ; (iii) where subject to the provisions of rules (i) and (ii) among such persons some are related through males only and some through females, the persons related through males only shall exclude the others ; and among others those shall be preferred in whose relationship the steps from the deceased proceed furthest through males. (iv) where among such persons, some stand in a nearer and some in more remote relationship to the deceased, but both are equally qualified under the three preceding rules, those in the nearer degree shall exclude those in the more remote ; (v) where such persons stand in equal degree of relationship to the deceased, and are equally qualified under the four preceding rules the State shall descend to the eldest male in the senior line ; but if there be no male heir, in that line, then to the eldest male in the next senior line in which there is a male heir, and if there be no male heir in any line, then to the eldest female in the senior line in which there is a female heir. II ---- Persons Entitled to Maintenance I. - In the case of grand-parents, parents and senior widow of the deceased, the maximum amount of the annuity for each person shall be as follows : (a) where the annual revenue payable to the Government is or exceeds three lakhs, Rs 6,000 ; (b) where the annual revenue payable to the Government is or exceeds two lakhs, but is less than three lakh, Rs 4,000 ; (c) where such revenue is or exceeds one lakhs but is less than two lakhs, Rs. 2,000 ; (d) where the revenue is or exceeds Rs. 50,000 but is less than one lakh, Rs. 1,200 ; (e) where the revenue exceeds Rs. 25,000, but is less than Rs 50,000, Rs. 600. (f) where such revenue is less than Rs. 25,000, Rs. 360. (g) where such revenue is less than Rs. 10,000, Rs. 240. Where such estate or any apart of it is held revenue free, the land revenue nominally assessed on it to determine the rates payable in respect of it shall for the purposes of this Schedule, be deemed to be the revenue payable for such estate or such portion thereof. Where such estate or any part of it is held revenue-free and land revenue has not been so nominally assessed, the land revenue which shall, be deemed to be payable for such estate or such portion thereof shall be determined by rules made under clause (j) of sub-section (2) of section 38. II. - In the case of junior widows brothers and sons of the deceased the maximum amount of the annuity for each person shall be one-half of the maximum amount prescribed by Article I. III. - In the case of nephews of the deceased being fatherless minors, the maximum amount of the annuity for each person shall be one-third of the maximum amount prescribed by Article I. IV. - In the case of unmarried daughters of the deceased, and widows of his sons and brothers, the maximum amount of the annuity for each person shall be one-fourth of the maximum amount prescribed by Article I.

65ba70d8ab84c7eca86eb538

acts

Union of India - Act ---------------------- The Payment Of Wages (Procedure) Rules, 1937 ---------------------------------------------- UNION OF INDIA India The Payment Of Wages (Procedure) Rules, 1937 ============================================== Rule THE-PAYMENT-OF-WAGES-PROCEDURE-RULES-1937 of 1937 -------------------------------------------------------- * Published on 24 February 1937 * Commenced on 24 February 1937 The Payment Of Wages (Procedure) Rules, 1937 Published vide Notification No. L. 3067, dated 24.2.1937, published in the Gazette of India, 1937, Part 2, page 303 ### 19. /839 In exercise of the powers conferred by sub-section (1) of section 26 of the Payment of Wages Act, 1936 ( 4 of 1936 ), read with section 22 of the General Clauses Act, 1897 ( 10 of 1897 ), the Governor-General-in-Council is pleased to make the following rules, the same having been previously published as required by sub-section (5) of section 26 of the first named Act, namely: ### 1. Short title .-[(1) ] [ Rule 1 renumbered as sub-Rule (1) by the Payment of Wages (Procedure) (Amendment) Rules, 1951.] These rules may be called Thr Payment Of Wages (Procedure) Rules, 1937. (2) [ They extend to the whole of India except the State of Jammu and Kashmir.] [ Inserted by the Payment of Wages (Procedure) (Amendment) Rules, 1951.] ### 2. Definitions .-In these rules, unless there is anything repugnant in the subject or context, (a) "the Act" means the Payment of Wages Act ( 4 of 1936 ); (b) "Appeal" means an appeal under section 17; (c) "the Authority" means the authority appointed under sub-section (1) of section 15; (d) "the Court" means the Court mentioned in sub-section (1) of section 17; (e) "Employer" includes the persons responsible for the payment of wages under section 3; (f) "Section" means a section of the Act; (g) "Form" means a form appended to these rules; (gg) [ "Record of order or direction" means the record of an order dismissing either wholly or in part an application made under sub-section (2) of section 15 or of a direction made under sub-section (3) or sub-section (4) of that section kept in Form F;] [ Inserted by the Payment of Wages (Procedure) (Amendment) Rules, 1959.] (h) words and expressions defined in the Act shall be deemed to have the same meaning as in the Act. ### 3. Form of application. -Applications under sub-section (2) of section 15 by or on behalf of an employed person or group of employed persons shall be made in duplicate in Form A, Form B or Form C, as the case may be, one copy of which shall bear such Court-fee as maybe prescribed. ### 4. Authorisation .-The authorisation to act on behalf of an employed person or persons, under section 15, shall be given by a certificate in Form D, shall be presented to the authority hearing the application and shall form part of the record. ### 5. Permission to appear. -Any person desiring the permission of the Authority to act on behalf of any employed person or persons shall present to the Authority a brief written statement explaining his interest in the matter, and the Authority shall record an order on the statement which in the case of refusal shall include reasons for the order, and shall incorporate it in the record. ### 6. Presentation of documents. (1) Applications or other documents relevant to an application may be presented in person to the Authority at any time during hours to be fixed by the Authority, or may be sent to him by registered post. (2) the Authority shall at once endorse, or cause to be endorsed, on each document the date of the presentation or receipt, as the case may be. ### 7. Refusal to entertain application. --(l) the Authority may refuse to entertain an application presented under rule 6, if after giving the applicant an opportunity of being heard, the Authority is satisfied, for reason to be recorded in writing that: (a) the applicant is not entitled to present an application; or (b) the application is barred by reason of the provisions in the provisos to sub-section (2) of section 15; or (c) the appiicant shows no sufficient cause for making a direction under section 15. (2) The Authority may refuse to entertain an application which is insufficiently stamped or otherwise incomplete and, if he so refuses, shall return it at once with an indication of the defects. If the application is presented again, after the defects have been made good, the date of representation shall be deemed to be the date of presentation for the purpose of the proviso to sub-section (2) of section 15. ### 8. Appearance of parties.- (1) If the application is entertained, the Authority shall call upon the employer by a notice in Form E to appear before him on a specified date together with all relevant documents and witnesses, if any, and shall inform the applicant of the date so specified. (2) If the employer or his representative fails to appear on the specified date, the Authority may proceed to hear and determine the application ex parte. (3) If the applicant fails to appear on the specified date, the Authority may dismiss the application: Provided that an order passed under sub-rule (2) or sub-rule (3) may be set aside and the application re-heard on good cause being shown within one month of the date of the said order, notice being served on opposite party of the date fixed for rehearing. ### 9. Record of proceedings.- (1) The Authority shall in all cases enter the particulars indicated in Form F and at the time of passing orders shall sign and date the Form. (2) In a case where no appeal lies, no further record shall be necessary. (3) In a case where an appeal lies, the Authority shall record the substance of the evidence and shall append it under his signature to [the record of order or direction.] [ Substituted by the Payment of Wages (Procedure) (Amendment) Rules, 1959.] ### 10. Signature on forms. -Any form, other than [the record of order ordirection] [ Substituted by the Payment of Wages (Procedure) (Amendment) Rules, 1959.] , which is required by these rules to be signed by the Authority, may be signed under his direction and on his behalf by any officer subordinate to him, appointed by him, in writing for this purpose. ### 11. Exercise of powers. -In exercising the powers of a Civil Court conferred by section 18 the Authority shall be guided in respect of procedure by relevant orders of the First Schedule of the Code of Civil Procedure, 1908 (5 of 1908), with such alterations as the Authority may find necessary, not affecting their substance, for adapting them to the matter before him, and save where they conflict with the express provisions of the Act or these rules. ### 12. Appeals. -[(1) An appeal shall be preferred in duplicate in the form of a memorandum, one copy of which shall bear the prescribed Court-fee, setting forth concisely the grounds of objection to the order dismissing either wholly or in part an application made under sub-section (2) of section 15 or a direction made under sub-section (3) or sub-section (4) of that section, as the case ma be, and shall be accompanied by a certified copy of the said order or direction.] [Substituted by the Payment of Wages (Procedure) (Amendment) Rules, 1959. ] (2) When an appeal is lodged a notice shall be issued to the respondent in Form G. (3) The Court after hearing the parties and after such further inquiry, if any, as it may deem necessary, may confirm, vary, or set aside the [order or direction] [ Inserted by S.O. 2410, dated 6.7.1970.] from which the appeal is preferred, and shall make an order accordingly. [12-A. Order or direction when to be made.-The Authority or the Court, as the case may be, after the case has been heard, shall make the order or direction either at once or, as soon thereafter as may be practicable, on some future day; and when the order or direction is to be made on some future day, it shall fix a date -for the purpose of which due notice shall be given to the parties or their pleaders.] [Inserted by S.O. 2410, dated 6.7.1970. ] ### 13. Inspection of documents .-Any employed person, or any employer or his representative, or any person permitted under sub-section (2) of section 15 to apply for a direction, shall be entitled to inspect any application, memorandum of appeal, or any other document filed with the Authority or the Court, as the case may be, in a case to which he is a party and may obtain copies thereof on the payment of such fees as may be prescribed. Form A (See sub-section (2) of section 15 of the Payment of Wages Act) Form Of Individual Application In the Court of the Authority appointed under the Payment of Wages Act, 1936 ( 4 of 1936 ) for .............................. area. Application No ............................... of 20............ Between A.B.C .......................................................... applicant (through a legal practitioner/an official of ................................................. which is a registered trade union.) And X. Y. Z ............................................................................ opposite party: The applicant states as follows: ### 1. A. B. C. is a person employed in the /on the factory/railway/industrial establishment entitled and resides at .......................................................................................... The address of the applicant for the service of all notices and processes is: ................................................................................................. ............... ### 2. X. Y. Z., the opposite party, is the person responsible for the payment of his wages under section 3 of the Act, and his address for the service of all notices and processesis: ................................................................................................. .................... ### 3. (1) The applicant's wages have not been paid for the following wage-period(s).........[give (dates)] ...................................................................................................... Or A sum of Rs .............................................. has been unlawfully deducted from his wages of ........................ amount for the wage-period(s) which ended on............ [give date(s)] (2) [Here give any further claim or explanation]. ### 4. The applicant estimates the value of the relief sought by him at the sum of Rs ............................... ### 5. The applicant prays that a direction may be issued under sub-section (3) of section 15 for: (a) Payment of delayed wages as estimated ........................ or such greater or lesser amount as the Authority may find to be due. Or Refund of the amount illegally deducted. (b) Compensation amounting to .............................. The applicant certifies that the statement of facts contained in this application is to the best of his knowledge and belief accurate. ................................................................ Signature or thumb-impression of the employed person, or legal practitioner or official of a registered trade union duly authorised Form B (See sub-section (2) of sections 15 and 16 of Payment of Wages Act) Form Of Group Application In the Court of the Authority appointed under the Payment of Wages Act, 1936 ( 4 of 1936 ) for .............................. area. Application No ............................... of 20......... Between A. B. C. and (State the number) .................................................... other Applicants (through a legal practitioner an official of .................................................................. which is a registered trade union). And X. Y. Z ......................................................................... opposite party. The applicants state as follows: ### 1. [The applicants whose names and permanent addresses] [ Substituted by S.O. 2334, dated 14.9.1960.] appear in the attached schedule are persons employed in the/on the factory/railway/industrial establishment entitled and resides at .............................. The addresses of the applicants for service of all notices and processes is: ................................................................................................................. ### 2. X. Y. Z., the opposite party, is the person responsible for the payment of wages under section 3 of the Act, and his address for the service of all notices and processes is: ................................................................................................. ........... ### 3. The applicants' wages have not been paid for the following wage-period(s) : ............................................................................................................. ### 4. The applicants estimate the value of the relief sought by them at the sum of Rs .............................. ### 5. The applicants pray that a direction may be issued under sub-section (3) of section 15 for: (a) Payment of the applicants' delayed wages as estimated .................................................. or such greater or lesser amount as the Authority may find to be due. (b) Compensation amounting to ......................... The applicants certify that the statement of facts contained in this application is, to the best of their knowledge and belief, accurate. .............................................................................. Signature or thumb-impression of two of the applicants, or legal praci tioner, or an official of a registered trade union duly authorised [Schedule] [ Substituted by S.O. 2334, dated 14.9.1960.] | | | | | --- | --- | --- | | Sl. No. | Name of Applicant | Permanent address | | 1 | 2 | 3 | | | Form C (See sub-section (2) of sections 15 and 16 of the Pat ment of Wages Act) Form of Application by an Inspector or Person Permitted by The Authority or Authorised to Act In the Court of the Authority appointed under the Payment of Wages Act, 1936 ( 4 of 1936 ) for .............................. area. Application No ......................... of 20............ Between A. B. C. [(designation) .................................................................. an Inspector under the permitted by the authority Payment of Wages Act] or a person authorised to act under sub-section (2) of section 15] ................................................................................... applicant. And X.Y.Z ..................................................................................... the opposite party. The applicant states as follows: ### 1. X. Y. Z., the opposite party, is the person responsible under the Act for the payment of wages to the following [persons whose names and permanent addresses are given below] [ Substituted by S.O. 2334, dated 14.9.1960.] : (1) (2) (3) \* \* ### 2. His address for the service of all notices and processes is: ### 3. The wages of the said person(s) due in respect of the following wage-period(s) | | | --- | | have not been paidhave been subjected to the following illegal deductions: | ### 4. The applicant estimates the value of the relief sought for the person(s) employed at the sum of Rs ................................................ . ### 5. The applicant prays that a direction may be issued under sub-section (3) of section 1.5 for: (a) Payment of the delayed wages as estimated or such greater or lesser amount as the Authority may find to be due. Or Refund of the amount illegally deducted. (b) Compensation amounting to Rs ............................ The applicant certifies that the statement of facts contained in this application is, to the best of his knowledge and belief, accurate. ........... Signature Form D Certificate of Authorisation | | | --- | | IWe| employed person(s) hereby authorise| a legal practitioneran official of| which is a registered trade union to act on| myour| behalf under section 15 and section 17 of the Payment | | | | --- | | of Wages Act, 1936 ( 4 of 1936 ), in respect of the claim against ............... on account of the {delay in payment of illegal deductions from}| myour| wages for...... ................................. | | | | | --- | --- | | Witnesses(1) | Signatures(1) | | (2) | (2) | | (3) | (3) | | (4) | (4) | | \* | \* | | \* | \* | I accept the authorisation. ............... Signature | | | --- | | Legal practitioner Official of a registered trade union | Form E Notice for the Disposal of Application To, Whereas under the Payment of Wages Act, 1936 ( 4 of 1936 ) a claim against you has been presented to me in the application of which a copy is enclosed, you are hereby called upon to appear before me either in person or by any person duly instructed, and able to answer all material questions relating to the application, or who shall be accompanied by some person able to answer all material questions relating to the application, or who shall be accompanied by some person able to answer all such questions, on the .....................day of ..................... 20..................... at..................... o'clock in the to answer the claim; {| |- | and as the day fixed for your appearance is appointed for the| forenoon afternoon| final disposal |} of the application, you must be prepared t produce on that day all the witnesses upon whose evidence, and the documents upon which you intend to rely on in support of your defence. Take notice that, in default of your appearance on the day before mentioned, the application will be heard and determined in your absence. Given under my hand and seal, this day of .....................20......... Authority Seal Form F [Record of Order or Direction] [ Substituted by the Payment of Wages (Procedure) (Amendment) Rules, 1959.] (1) Serial number ........................................... (2) Date of the application ................................ (3) Name or names, parentage, address or addresses of the applicants, or some, or all of the applicants belonging to the same unpaid group: (4) Name and address of the employer: (5) Amount claimed: (a) as delayed wages: Rs ............................... (b) as deducted from wages: Rs ...................... (6) Plea of the employer and his examination (if any): (7) [ Finding, and a brief statement of the reasons therefor] [Substituted by the Payment of Wages (Procedure) (Amendment) Rules, 1959. ] : (8) Amounts awarded: (a) delayed wages Rs ................................... (b) deducted wages ..................................... (9) Compensation awarded .............................. (10) Penalty imposed ....................................... (11) Costs awarded to: (a) Court-fee charges ................................... (b) Pleader's fee .......................................... (c) Witnesses' expenses ................................ (12) [ Date by which the amounts awarded shall be paid.] [ Inserted by S.O. 2410, dated 6.7.1970.] Signed ..................... Dated ...................... Note.-In case where an appeal lies, attach on a separate sheet the substance of the evidence. Form G Notice to Respondent of the Day Fixed for the Hearing of the Appeal Under Section 17 of the Payment of Wages Act, 1936 Appeal from the decision of the Authority for the .....................area dated the .....................day of.....................20............ To Respondent Take notice that an appeal of which a copy is enclosed from the decision of the Authority for .....................area has been presented by X.Y.Z. (and others), and registered in this Court, and that the .....................day of.....................20................ has been fixed by this Court for the hearing of the appeal. If no appearance is made on your behalf by yourself, or by someone by law authorised to act for you in this appeal, it will be heard and decided in your absence. Given under my hand and the seal of the Court, this ...............day of............ 20...... Seal of the court Judge

65b91fe2ab84c7eca86e85d2

acts

State of Uttar Pradesh - Act ------------------------------ U.P. Irrigation Charges (State Canal System) Rules, 1995 ---------------------------------------------------------- UTTAR PRADESH India U.P. Irrigation Charges (State Canal System) Rules, 1995 ========================================================== Rule U-P-IRRIGATION-CHARGES-STATE-CANAL-SYSTEM-RULES-1995 of 1995 ------------------------------------------------------------------- * Published on 18 September 1995 * Commenced on 18 September 1995 U.P. Irrigation Charges (State Canal System) Rules, 1995 Published vide Notification No. 2874/95-27-1-4-2-Rate-92, dated 18th September, 1995 and published in the U.P. Gazette (Extraordinary) , Part 4, Section (Ka), dated 18th September, 1995 In exercise of the powers under Section 75 of the Northern India Canal and Drainage Act, 1873 (Act No. VIII of 1873) as amended in its application to Uttar Pradesh, read with Section 21 of the General Clauses Act, 1897 (Act No. X of 1897), the Governor is pleased to make the following Rules : ### 1. Short title, commencement and application. - (i) These Rules may be called the Uttar Pradesh Irrigation Charges (State Canal System) Rules, 1995. (ii) They shall come into force with effect from the date of publication in the Gazette. (iii) They shall apply in relation to all irrigation charges (including charges for the Kharif 1403 Fasli year), recoverable after the date of commencement of these rules. ### 2. Rates of irrigation charges. - The rates for irrigation charges for the State Canal System in Uttar Pradesh (excepting State Tube-Wells) mentioned in Column 1 of each of the Schedules I, II, III and IV to these rules in respect of the crops noted under Column 2 shall be as mentioned against the crop in Columns 3 and 4 thereof according as it is by flow irrigation or lift irrigation. ### 3. Rescission and saving. - The Uttar Pradesh Irrigation Charges (State Canal System) Rules, 1994 are hereby rescinded without prejudice to the validity of any right, privilege, obligation, liability or action required, accrued, incurred or taken thereunder. I --- (See Rule 2) Rate: Rupees per hectare/crops | | | | | | --- | --- | --- | --- | | Name of Canal System | Name of Crops | Flow Irrigation | Lift Irrigation | | 1 | 2 | 3 | 4 | | 1. | Upper Ganga Canal | 1. | Sugarcane | 474.00 | 237.00 | | 2. | Lower Ganga Canal | 2. | Paddy | 287.00 | 143.00 | | 3. | Eastern Yamuna Canal | 3. | Vegetables, Garden (per fasal), water-nuts and poppy | 287.00 | 143.00 | | 4. | Madhya Ganga Canal | 4. | Potato | 356.00 | 178.00 | | 5. | Eastern Ganga Canal | 5. | Tobacco | 306.00 | 153.00 | | 6. | Agra Canal | 6. | Wheat, barley and crops mixed with barley or wheat | 27.00 | 143.00 | | 7. | Sarda Canal | 7. | Cotton | 114.00 | 57.00 | | 8. | Sarda Sahayak Canal | 8. | Fodder crop | 99.00 | 49.00 | | 9. | Gandak | 9. | Green manure | 69.00 | 35.00 | | 10. | All such pump canals on which permanent pump houses have been constructed and those pump canals which augment water in above (1) to (9) systems. | 10. | Other Rabi crops | 212.00 | 106.00 | | | | 11. | Other Kharif crops | 173.00 | 86.00 | II ---- (See Rule 2) Rate : Rupees per hectare/crops | | | | | | --- | --- | --- | --- | | Name of Canal System | Name of Crops | Flow Irrigation | Lift Irrigation | | 1 | 2 | 3 | 4 | | 1. | Doon Canal | 1. | Sugarcane | 474.00 | 237.00 | | 2. | Ramganga Canal | 2. | Paddy excluding broadcast paddy on Doon canals | 173.00 | 86.00 | | 3. | Afzalgarh Canal | 3. | Vegetables, Garden (per fasal), water-nuts, poppy | 173.00 | 86.00 | | 4. | Tumaria Canal | 4. | Potato | 356.00 | 178.00 | | 5. | Pili Canal (Lalitpur) | 5. | Broadcast paddy of Doon Canals | 114.00 | 57.00 | | 6. | Betwa Canal | 6. | Tobacco | 212.00 | 106.00 | | 7. | Urmil Dam Canal | 7. | Tea Gardens and orchards on Doon Canals | 212.00 | 106.00 | | 8. | Maudha Dam Canal | 8. | Wheat, barley and crops mixed with barley or wheat | 173.00 | 86.00 | | 9. | Balmiki Canal (Chen Dam) | 9. | Cotton | 59.00 | 30.00 | | 10. | Ken Canal (Paddy only) | 10. | Fodder crop | 40.00 | 20.00 | | 11. | Gursarai Canal | 11. | Green manure | 30.00 | 15.00 | | 12. | Bhander Canal | 12. | Other crop of Rabi | 114.00 | 57.00 | | 13. | Jamini Canal (Jamini Dam, Lalitpur) | 13. | Other crops of Kharif | 99.00 | 49.00 | | 14. | Banganga Canal | | | | | | 15. | Ghagra Canal | | | | | | 16. | Rohini Canal | | | | | | 17. | Danda Canal | | | | | | 18. | Belan Canal | | | | | | 19. | Gularia Canal | | | | | | 20. | Rest pump canals excepting pump canals of Schedule I | | | | | | 21. | Bhagwanpur Sarovar (Gonda) | | | | | | 22. | Kalluwala Bundhi (Bijnor) | | | | | | 23. | Jamalpur Tal (Lalitpur) | | | | | | 24. | Buchera Tal | | | | | III ----- (See Rule 2) Rate : Rupees per hectare/crops | | | | | | --- | --- | --- | --- | | Name of Canal System | Name of Crops | Flow Irrigation | Lift Irrigation | | 1 | 2 | 3 | 4 | | 1. | Bijnor Canals | 1. | Sugarcane | 237.00 | 119.00 | | 2. | Rampur Canals (only Kosi, Behalla, Ghungha and Ganganand Canals) | 2. | Paddy | 128.00 | 64.00 | | 3. | Rohilkhand Canals excepting those canals mentioned in, Schedule IV | 3. | Vegetables, Garden (per fasal), water-nut poppy | 128.00 | 64.00 | | 4. | Lalitpur Canal (Lalitpur) | 4. | Potato | 237.0. | 119.00 | | 5. | Dhasan Canal | 5. | Tobacco | 114.0. | 57.00 | | 6. | Pahuj and Garmau Canals | 6. | Wheat, barley and crops mixed with wheat or barley | 128.0. | 64.00 | | 7. | Barwar Canal | 7. | Cotton | 40.0. | 20.00 | | 8. | Arjun Canal | 8. | Fodder crop | 30.0. | 15.00 | | 9. | Kabrai Canal | 9. | Green manure | 30.0. | 15.00 | | 10. | Ranipur Canal (Saprar Dam) | 10. | Other crops of Rabi | 69.0. | 35.00 | | 11. | Ken Canal (Except Paddy) | 11. | Other crops of Kharif | 69.0. | 35.00 | | 12. | Keolari Canal | | | | | | 13. | Barwa Canal | | | | | | 14. | Kamal Kheri and Pindari Canal (Chandrawat Dam) | | | | | | 15. | Ghori Canal | | | | | | 16. | Garai and Jirgo Canal | | | | | | 17. | Karmnasa and Ghaghar Canals | | | | | | 18. | Nikoya Canal | | | | | | 19. | Patharwa Canal | | | | | | 20. | Begugangi Canal | | | | | | 21. | Sukhra Tal Canal | | | | | | 22. | Siawari Canal | | | | | | 23. | All other canals fed by rivers, tanks, reservoirs and lakes, except those specifically mentioned in Schedules I, II, III and IV | | | | | | 24. | Himaya Bundhi | | Varanasi | | | | 25. | Bhoka Bundhi | | | | 26. | Majhgawan Reservoir (Hamirpur) | | | | | | 27. | Jagner Bundhi (Agra) | | | | | | 28. | Beeder Reservoir | | Mirzapur | | | | 29. | Damohan Reservoir | | | | 30. | Rajkhour Reservoir | | | | 31. | Barwatola Reservoir | | | | 32. | Pipradih Reservoir | | | | 33. | Khatauli Reservoir | | | | 34. | Madwa Reservoir | | | | 35. | Semri Margadha Reservoir | | | | 36. | Kota Reservoir | | | | 37. | Phulwar Reservoir | | | | 38. | Badwadih Reservoir | | | | 39. | Sukhri Dud hi Reservoir | | | | 40. | Dharti Dolwa Reservoir (Zamindari works taken over by Irrigation Department) | | | | 41. | Sagar Reservoir (Shevpati Sagar) | | Basti | | | | 42. | Siswa Reservoir | | | | 43. | Betwa Reservoir | | | | 44. | Majhauli Reservoir | | | | 45. | Mekra Nala System | | | | 46. | Bajha Reservoir | | | | 47. | Kosi Jheel Reservoir (Moti Sagar Reservoir) | | | | 48. | Mali Reservoir | | | | 49. | Masi Reservoir | | | | 50. | Semra Reservoir | | | | 51. | Marathi Reservoir | | | | 52. | Kohargaddi Reservoir | | Gonda | | | | 53. | Basehwa Reservoir | | | | 54. | Ganeshpur Reservoir | | | | 55. | Motipur Reservoir | | Bahraich | | | | 56. | Srinagar Tal Canal System | | Gorakhpur | | | | 57. | Sanwaha Tank | | Jhansi | | | | 58. | Melani Tank | | Lalitpur | | | | 59. | Bar Tal | | | | 60. | Dhawa Tal | | | | 61. | Gundorapur Tal | | | | 62. | Arjun Kheria Tal | | | | 63. | Samoghar Tal | | | | 64. | Pahalgaon Tank | | Jhansi | | | | 65. | Niao Tal | | | | 66. | Sar Tal | | | | 67. | Nihona Tal | | | | 68. | Barwapur Tal | | | | 69. | Manpur Tal | | | | 70. | Rampura Manhanpur Tal | | | | 71. | Baghaura Tal | | | | 72. | Murari Tal | | | | 73. | Gangoni Tal | | Lalitpur | | | | 74. | Karila Tal | | | | 75. | Panari Tal | | | | 76. | Jhakhaura Tal | | | | 77. | Gitauli Tal | | | | 78. | Pura Kalan Tal | | | | 79. | Bunt Tal | | | | 80. | Bijroutha Tal | | | | 81. | Gajera Tal | | | | 82. | Kalapahar Tal | | | | 83. | Kailwara Tal | | | | 84. | Kakrai Tal | | | | 85. | Bijakhet Tal | | | | 86. | Binaka Mafi Tank | | | | 87. | Sagoli Tal | | Jhansi | | | | 88. | Sarol Bisanpura Tal | | | | 89. | Sekhra Dhawa Tal | | | | 90. | Palra Tal | | | | 91. | Ghurat Tal | | | | 92. | Katera Tal | | | | 93. | Phutera Tal | | | | 94. | Kachneo Jheel | | | | 95. | Megarpur Jheel | | | | 96. | Arjar Tal | | | | 97. | Itaura Bundhi | | | | 98. | Dora Bundhi | | | | 99. | Pandawaha Bundhi | | | | 100. | Gursarai Bundhi | | | | 101. | Bhandarawara Bundhi No. 1 | | | | 102. | Bhandarawara Bundhi No. 2 | | | | 103. | Bhandara Bundhi | | | | 104. | Bakhara Bundhi | | | | 105. | Marha Bundhi | | | | 106. | All lakes, reservoirs and tanks excepting those specifically mentioned in Schedule II | | | | | IV ---- (See Rule 2) Rate: Rupees per hectare/crops | | | | | | --- | --- | --- | --- | | Name of Canal System | Name of Crops | Flow Irrigation | Lift Irrigation | | 1 | 2 | 3 | 4 | | 1. | Rohilkhand Canal not fed by Sarda Canal or Reservoir | 1. | Sugarcane | 99.00 | 49.00 | | 2. | Rampur Canals, excepting Kosi, Bahaila, Ghungha and Gangan Canals | 2. | Paddy | 40.00 | 20.00 | | 3. | All Gravity Canals in hilly and Tarai region excepting- | 3. | Vegetable, Garden (per fasal), water-nut, poppy | 40.00 | 20.00 | | (i) | Doon Canals | 4. | Potato | 99.00 | 49.00 | | (ii) | Canal systems controlled by Komaun Water Rules. | 5. | Cotton | 35.00 | 17.00 | | 6. | Fodder crops | 35.00 | 17.00 | | 7. | Green manure | 35.00 | 17.00 | | (iii) | Specifically mentioned canals systems in Schedules I, II, III and IV | 8. | Other Rabi crops | 40.00 | 20.00 | | 9. | Other Kharif crops | 40.00 | 20.00 | | 4. | Bundhies in districts Allahabad, Varanasi, Mirzapur, Jhansi, Lalitpur, Hamirpur, Jalaun and Banda, excepting those specifically mentioned in Schedules II and III. | | | | |

65b98e12ab84c7eca86e95aa

acts

State of Nagaland - Act ------------------------- The State Financial Corporation (Extension to Nagaland) Act, 2002 ------------------------------------------------------------------- NAGALAND India The State Financial Corporation (Extension to Nagaland) Act, 2002 =================================================================== Act 3 of 2002 --------------- * Published on 27 March 2002 * Commenced on 27 March 2002 The State Financial Corporation (Extension to Nagaland) Act, 2002 Act No. 3 of 2002 Last Updated 18th February, 2020 [Received the assent of the Governor of Nagaland on the 27th March, 2002 and published in the Nagaland Gazette, dated 15th April, 2002.] An Act to provide for extension of the State Financial Corporation Act, 1951 (63 of 1951) to the State of Nagaland. It is hereby enacted in the Fifty second year of the Republic of India as follows:- ### 1. Title and commencement. (1) This Act may be called the State Financial Corporation (Extension to Nagaland) Act, 2002. (2) It shall come to force on such date as the State Government, may by notification in the Official Gazette, appoint. ### 2. Extension of Act 63 of 1951. - The State Financial Corporations Act, 1951 is hereby extended and shall be in force in the State of Nagaland.

65b9087aab84c7eca86e82d2

acts

State of Sikkim - Act ----------------------- The Sikkim Labour Protection Act, 2005 ---------------------------------------- SIKKIM India The Sikkim Labour Protection Act, 2005 ======================================== Act 20 of 2005 ---------------- * Published in Gazette 20 on 19 May 2017 * Assented to on 19 May 2017 * Commenced on 19 May 2017 The Sikkim Labour Protection Act, 2005 (Act No. 20 of 2005) AN ACT to regulate the employment and conditions of services of employed worker / labour and individual worker / labour and to protect from exploitations and for statistical purpose, by registration of individual worker / labour and to make provisions for certain matters in the interest of public order thereto. Whereas it is expedient to regulate the employment and conditions of services of worker/ labour and to protect from exploitations and for statistical purpose, by registration of individual worker / labour and to make provisions for certain matters in the interest of public order there to: Be it enacted by the Legislature of Sikkim in the Fifty- sixth Year of the Republic of India as follows :- Chapter I 1. Short title extent commencement and application. ------------------------------------------------------------------ (1) This Act may be called the Sikkim Labour Protection Act, 2005. (2) It extends to the whole of Sikkim. (3) It shall come into force on such date or dates as the State Government may, by Notification in the Official Gazette, appoint and different dates may be appointed for different provisions of the Act. (4) It shall apply, to all the worker / labour and individual worker/ labour working within the State of Sikkim but does not include the Muster Roll and the Work Charged workers in the Government Departments. ### 2. Definitions. In this Act, unless the context otherwise requires.- (a) “Appellate Authority” means the authority as specified under Section 8 of this Act; (b) “appropriate Government” means the State Government of Sikkim ; (c) “domestic worker” means those who work in household works and includes domestic servants, domestic helpers, maid governors etc; (d) “Employer” means a person by whom a worker / labourer is employed and includes Contractor / Sub- Contractor / Baidar, owners of Shops and Establishments, etc; (e) “establishment” means: (i) any office or Department of the Government or a local authority; (ii) any place where any industry, trade, business, manufacture or maintenance and construction works or occupation is carried on; (f) “Financial Year” means the year commencing on the 1st day of April; (g) “individual worker / labour” means a worker/ labourer who earns his/ her livelihood independently opting any work / menial job requiring execution of the work through physical capabilities and strength but does not require academic qualification and such work is otherwise not regulated by any other law, rule or regulation in so far as competence to do such work is concerned; (h) “Inspector” means an Inspector appointed under this Act; (i) “Magistrate” means Judicial Magistrate and includes Chief Judicial Magistrate; (j “Notification” means a Notification published in the Official Gazette; (k) “porters” mean all the porters who are working in bazaars , godowns, in establishment, etc; (l) “prescribed” means prescribed by rules made under this Act; (m) “Principal Employer” means :- (i) in relation to any office or department of the Government or a local authority, the head of that or such other officer as the Government or the local authority as the case may be, specify in this behalf ; (ii) in relation to a factory, the owner or occupier of the factory and where a person has been named as the Manager of the factory; (iii) in relation to a any other establishment, any person responsible for the supervision and control of the establishments; (n) “record” means the records maintained in the form of books or registers or stored in a computer or in such form as may be specified; (o) “Registering Officer” means an Officer appointed under Section 3 of the Act; (p) “Schedule” means the Schedule appended to the Act; (q) “Schedule employment” means any employment in the organized or unorganized Sector as specified in the Schedule; (r) “wage” means all remuneration capable of being expressed in terms of money, which would, if the terms of the contract of employment, express or implied, were fulfilled, be payable to a person employed in respect of his employment or of work done in such employment; (s) “worker / labourer” means a person engaged in the Scheduled Employment who has completed the age of 14 years and above and any person employed in or in connection with the work of any establishment to do any unskilled, manual, supervisory work and includes individual worker / labour as defined in clause (g) of Section 2 but does not include any such person who is employed mainly in a managerial or administrative capacity. Chapter II Registration ---------------------------- ### 3. Appointment of Registering Officers. The State Government may, by notification in the Official Gazette;- (a) appoint such persons, being Group B Officers of Government, as it thinks fit to be Registering Officers for the purposes of this Chapter and (b) define the limits, within which a Registering Officer shall exercise the powers conferred on him by or under this Act. ### 4. Registration of individual workers. (1) Every Principal Employer / Employer / Contractor / Owners of an establishment to which this Act applies shall, within such period as the State Government may, by Notification in the Official Gazette, fix in this behalf, make an application to the Registering Officer, in such forms and manner and on payment of such fees as may be prescribed, for the registration of all individual workers employed. (2) Every individual workers or, bazar porters, carpenters, masons, rag picker, quilt maker, plumbers, fitters, cooks, waiters, chanawalas, electricians, drivers (other than government drivers), gothalas, domestic servant, mechanic, barbers, cobblers, hawkers, umbrella repairers, scrap paper and bottle collectors etc. who are working independently to whom this Act applies, shall within such period, as the State Government may, by notification in the Official Gazette, fix in this behalf, make an application to the Registering Officer, in such form and manner and on payment of such fees as may be prescribed, for the registration of individual workers: Provided that the Registering Officer may entertain any such application for registration after the expiry of the period fixed in this behalf, if the Registering Officer is satisfied that the applicant was prevented by sufficient cause from making the application in time: Provided further that possession of token or receipt of such application of labour / worker shall not confer on any individual status or claim of being an ordinary resident of the State. (3) Within a period not exceeding six months after the receipt of an application for registration under sub-section (1) or (2), the Registering Officer shall,- (a) if the application is complete in all respects, the authority may consider to keep a record in register or in such other form as may be considered expedient and may also issue either a token or receipt of such application; (b) if the application is not complete, return the application to the applicant. (4) Where within a period of six month after the receipt of an application for registration of individual workers under sub-section (2) and (3) , the Registering Officer does not grant token or receipt of such application as applied for under clause (a) of sub- section (3) and does not return the application under clause (b) of sub-section (3), the Registering Officer shall, within 60 (sixty) days of the receipt of an application in this behalf, the authority may consider to keep a record in register or in such other form as may be considered expedient and may also issue either a token or receipt of such application. Notwithstanding anything contained in sub-section (3) and (4) an application can be made to the authority to extend the period further by another 30 (thirty) days for which necessary grounds may be indicated by the applicant and the authority also may in deserving cases extend the time by a period of 30 (thirty) days for disposal of such application. Provided further that the authority may at its discretion for reasons to be recorded may deal with applications beyond the period stipulated herein above in a manner as may be considered expedient. ### 5. Revocation of registration in certain case. If the Registering Officer is satisfied, either on a reference made to him in this behalf or otherwise, that the registration of any worker has been obtained by misrepresentation or suppression of any material fact or that for any other reason the registration has become useless or ineffective and therefore, requires to be revoked, the Registering Officer may, after giving an opportunity to that worker to be heard and with the previous approval of the Government, revoke by order in writing the registration and communicate the order to worker and / or employer. ### 6. Prohibition of against employment of workers without registration. (1) No Principal Employer / Employer / Contractor / Owner of an establishment to which this Act applies shall employ worker in the establishments unless a worker possesses a token or receipt of application under this Act . (2) No individual worker or, bazar porters, carpenters, masons, rag pickers, quilt makers, plumbers, fitters, quilt makers, cooks, waiters, chanawalas, electricians, drivers (other than government drivers), gotholas, domestic servant, mechanic, panwalas, barbers, cobblers, hawkers etc. to which this Act applies shall be allowed to work in Sikkim, unless he or she possesses a token or receipt of such application issued under this Act. ### 7. Application for Renewal. The token or receipt of such application of workers granted under clause (a) of sub- section (3) of Section 4, shall be valid up to the end of Financial Year for which it is granted. An application for renewal shall be submitted not less than fifteen (15) days before the date of expiry of the token or receipt of such application or of renewed registration with token number as the case may be, and shall be accompanied by such fees as any be prescribed. ### 8. Appeals. (1) Any person aggrieved by an order of the Registering Officer refusing to grant token or receipt of such application or by an order of the Registering Officer revoking token or receipt of such application may prefer an appeal against the Order to the Secretary in the Department of Labour, Government of Sikkim within thirty days from the date of communication of the order of refusal or revocation, as the case may be, provided an appeal may be admitted after the expiry of the period of thirty days, if the appellant satisfies the Secretary that he was prevented by sufficient cause from preferring the appeal within the said period. (2) Every appeal under this section shall be made by a petition in writing and shall be accompanied by a brief statement of the reasons for the order appealed against where such statement has been furnished by the appellant and by such fees as may be prescribed. (3) No appeal filed under this section shall be disposed of until appellant is given reasonable opportunity of being heard. (4) Every order of Appellate Authority confirming, modifying, or reversing the order appealed against shall be final. Chapter III Duties and obligation of principal employer / employer / contractors / owners of establishment or of independent individual workers ---------------------------------------------------------------------------------------------------------------------------------------------------- ### 9. Duties of Principal Employer ! Contractors / Owners of Establishment or independent individual workers. (1) It shall be the duty of Principal Employer /Employer/Contractor /Owner of establishment or of independent individual workers:- (a) to furnish such particulars and in such form as may be prescribed and shall apply to the specified authority within fifteen(15) days from the date of employment and for registration of workers; (b) to furnish such particulars and in such form as any be prescribed to the specified authority within fifteen (15) days where any change occurs in any of the particulars so furnished; (c) to surrender the token or receipt of such application of workers in the office of Registering Officer after completion of works if any such worker leaves Sikkim on vacation or forever, as the case may be; (d) to furnish the list of workers who have left Sikkim to the Registering Officer with a copy to nearest Police Station and area Inspector Station in such form as any be prescribed; (e) to maintain a record register with particulars of workers namely, names, father’s name / husband name, sex, age, temporary address, permanent address, designation, rates of wages, date of employment, nature of work with passport size photograph. Chapter IV Wages, welfare and other facilities to be provided to workers ----------------------------------------------------------------------------- ### 10. Wage rates and their conditions of service of workers. (1) The wage rates, holidays, hours of work and other conditions of service of workers shall,- (a) In case where such worker performs in any establishment ; the same or similar kind of work as is being performed by any other worker in that establishment, be the same as those applicable to such other workers; and (b) In a case where a male worker and a female worker do the same and similar nature of work, then the employer has to pay equal remuneration without discrimination on the ground of Sex. (c) Every worker shall in no case, be paid less than the wages fixed as per existing policy and law of the State Government of Sikkim. (d) If a worker works without being absent during the period of 6 (six) days consecutively in a week, he / she shall be given one paid holiday either on Sunday or any other holidays. (e) Normal working hours of Workers shall be 8 (eight) hours a day. (f) No person below the age of 14 (fourteen) years shall be employed in any work. (2) The wages of every person employed in any work shall be paid before the expiry of the seventh day of the succeeding month. (a) Any establishment upon or in which less than one thousand persons are employed, shall be paid before the expiry of the seventh day. (b) Any other establishment upon or in which more than one thousand persons employed, shall be paid before the expiry of the tenth day. (3) Notwithstanding anything contained in any other law for the time being in force, wages payable to worker under this section shall be paid in cash. ### 11. Other facilities. (1) It shall be the duty of every Principal Employer / Employer / Contractor / or the Owner of establishment, employing workers in connection with the work of an establishment to which this Act applies, - (a) to ensure suitable conditions of work to such workers having regard to the fact that they are required to work; (b) to provide and maintain suitable residential accommodation to such workers during the period of their employment; (c) to provide the prescribed medical facilities to the workers, free of charge; (d) to provide such protective clothing and other amenities to the workers as may be prescribed. (2) In case of fatal accident or serious bodily injury to any such worker while on duty, employer is liable to give notice to the Commissioner for Workmen’s Compensation, Sikkim under Section 10 (B) of the Workmen’s Compensation Act, 1923. ### 12. Responsibility for payment of wages (1) An employer / Contractor / Owner of establishment shall be responsible for payment of wages to each workers employed by him and such wages shall be paid before the expiry of period as specified in clauses, (a) and (b) of sub-section (2) of Section 10. (2) Every Principal Employer shall nominate a representative duly authorized by him to be present at the time of disbursement of wages by the Contractor and it shall be the duty of such representative to certify the amounts paid as wages in such manner as may be prescribed. (3) It shall be the duty of the Contractor to ensure the disbursement of wages in the presence of the authorized representative of the Principals Employer. (4) In case the Contractor fails to make payment of wages within the prescribed period or makes short payment, then the Principal Employer shall be liable to make payment of wages in full or the paid balance due, as the case may be, to the workers employed by the Contractor and recover the amount so paid from the Contractor either by deduction from any amount payable to the Contractor under any contract or as debt payable by the Contractor. Chapter V Inspection and enforcement ----------------------------------------- ### 13. Appointment of Inspectors. (1) The State Government may, by notification in the Official Gazette, appoint such persons as it deems fit to be Inspectors for the purposes of this Act, and define the local limits within which they shall exercise their powers under this Act. (2) Subject to any rules made in this behalf, within the local limits for which he/she is appointed, an inspector may,- (a) if he has reasons to believe that any worker is employed in an establishment, premises or place, to enter, at all reasonable hours, with such assistants (if any), being persons in the service of the Government or any local or other public authority as he thinks fit, such premises, establishment or place for the purpose of, – (i) satisfying himself whether the provisions of this Act in relation to the registration of workers, conditions of service, payment of wages or other facilities to be provided to such workers are being complied with ; (ii) examine any register or record or notices required to be kept or exhibited by the provisions of this Act or the rules made there under, and requiring the production there for inspection; (iii) examine any person found in any such premises, establishment or place for the purposes of determining whether such person is worker; (iv) seize or take copies of such register, record of wages or notices or particulars of workers or portions there as he may considered relevant in respect of an offence under this Act which he has reason to believe has been committed by Principal Employer, Employer, Contractor or Owner of establishments; (v) exercise such other powers, as may be prescribed: Provided that no one shall be required under this section to answer any question or give any statement tending to incriminate himself, for the purpose of investigation of offences under this Act, shall have same powers as an Officer-in-Charge of a Police Station under the Code of Criminal Procedure, 1973 for investigation of cognizable offence except that he shall not have the power to arrest. ### 14. Inspector to be public servant. Every Inspector or any other officer as may be appointed by the Registering Officer shall be deemed to be a ‘Public Servant’ within the meaning of Section 21of the Indian Penal Code, 1860. ### 15. Documents required to be produced Any person required to produce any documents or thing or to give any information required, by the Registering Officer and Inspector shall be deemed to be legally bound to do so within the meaning of Section 175 and Section 176 of the Indian Penal Code (5 of 1860). ### 16. Application of the Code of Criminal Procedure 1973 to any search or. seizure. The provisions of the Code of Criminal Procedure 1973 (2 of1974) shall so far may be, apply to any search or a seizure under sub-clause (iv) of Clause (a) of sub-section (2) of Section 13, as applied to any search or seizure made under the authority of a warrant issued under Section 94 of the said Code ### 17. Protection of action taken on good faith No suit, prosecution of legal proceedings shall lie against any person for anything which is done in good faith or intended to be done under this Act or rules made there under. ### 18. Production of registers, records etc. on demand. Every Principal Employer / Employer / Contractor / Owner of establishment and in his absence the Manager / In- charge shall on demand, produce for inspection to an Inspector all registers, records and notices required to be kept under and for the purpose of this Act. Chapter VI Offences, cognizance of offences and penalties -------------------------------------------------------------- ### 19. Offences. (1) Non-compliance of any provisions of Sections 4, 6, 7, 9, 10, 11,12,15,18, 24, 25 or any other provisions under this Act shall be an offence. Provided that no cognizance of offence shall be taken in this regard unless complaint in this regard has been filed: Provided further that where an application has been made for registration or where an individual worker/worker employed voluntarily undertakes to submit necessary papers/documents for the purpose of registration, cognizance of offence shall not be taken. (2) The Authority/Registering Officer or such other officers as may be authorized in this behalf may compound any or all the offences on realization of minimum amount of fine which shall not be less than rupees one thousand from the person concerned who is accused of committing the offence or offences. ### 20. Cognizance of offences. Cognizance of offences committed under this Act may be taken on complaint filed before the Court of Judicial Magistrate by an Inspector or such other officer of the Labour Department as may be appointed under this Act and such Court shall try the offence. ### 21. Penalties. Any Person who contravenes the provision of this Act shall be punished according to the severity of an offence. The punishment for an offence may be categorized as follows:- (a) Failure to comply with provisions of Section 4, 6 and 7 shall be an offence and the offender shall be punishable with simple imprisonment which may extend upto two month or a fine upto Rs.2500/- or both and in default to pay the fine simple imprisonment for a period of 20 days. (b) Failure to comply with provisions of Section 9,10,11 and shall be an offence punishable simple imprisonment upto a period of one month or a fine upto Rs.5,000/- or both and in default imprisonment for 20 days. (c) Failure to comply with provisions of Section 15,18, 24 and 25 shall be an offence punishable with simple imprisonment upto a period of 15 days or a fine of Rs 4,000/- or both and in default simple imprisonment for 15 days. (d) For second and subsequent offences by committing any of the offences under the provisions of this Act simple imprisonment may extend to 3 months or fine which shall extend upto Rs. 10,000/- or both and in default simple imprisonment upto one month. (e) The penalties are subject to change by way of issue of ### 22. Limitation of prosecution No Judicial Magistrate shall take cognizance of an offence under this Act or rule or order unless complaint thereof is made within 6 (six) months from the date on which the alleged commission of the offence first come to the knowledge of an Inspector appointed under this Act. ### 23. Appeals. An appeal shall lie to the District and Sessions Court of the respective jurisdiction if the party is not satisfied with the order of the Judicial Magistrate. The period of limitation under this Section shall be 60 (sixty) days. Chapter VII Miscellaneous and supplementary ------------------------------------------------ ### 24. Display of token number. Every workers/labourers who have applied for registration have to display their token number by wearing on chest or on shoulder and if Required shall produce such documents or record as may be the case. ### 25. Maintenance of registers or records and display of notices. Every Employer shall maintain such registers and records as per clause(e) of sub-section (1) of Section 9 and display on the premises / establishments or place, such notices as may be prescribed. All registers and records shall be kept on the premises of the establishment to which they relate. ### 26. Change of registration fees and renewal fees. The registration fees of individual workers and renewal fees are subject to change by way of Notification by the Government after interval of every completion of (5) five years. ### 27. Power to make rules. (1) The State Government may, make rules to carry out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing provisions, such rules may be made for all or any of the following matters, namely:- (a) The form of application, form of submitting a statement, the fees and other particulars, the manner in which the registration of individual workers is to be made and form of token or receipt of such application , sample of token expand fees for renewal of token or receipt of such application and other relevant forms. (b) Fixing the rate of wages. (c) Medical assistance, first aid box, protective clothing and other amenities. (d) Qualification of Inspectors appointed under this Act and their duties. (e) Power of Registering Officer and duties. (f) Register and records to be maintained and notice to be displayed. (g) Any other matter which is to be or may be prescribed. ### 28. Repeal and saving (1) All the notifications, rules and orders relating to registration of individual workers in Sikkim in force immediately before the commencement this Act are hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under the notifications, rules, regulations, orders on the subject, shall be deemed to have been done to taken, as far as may be, under the corresponding provisions of this Act. (See Section 2 (Q) -------------------- (1) Agriculture workers. -------------------------- (2) Automobile Engineering works. (3) Bakeries and confectioneries. (4) Construction and maintenance of Roads and Buildings. (5) Construction of projects including dams, tunnels, thermal, hydroelectric and other multipurpose. (6) Dairy, poultry and animal husbandry farming. (7) Casual contingency workers engaged by Government, Semi-government, Government undertakings, Public sector and Private sector undertakings. (8) Distilleries and Breweries. (9) Electronic industries. (10) Handloom industries and establishments. (11) Hotels, Restaurant, Eating houses, Tea shops and Shops and commercial establishments. (12) Loading and unloading of goods and other materials. (13) Printing press. (14) Private motor transport and public motor transport. (15) Making of quilts, mattress, and repairing of cookeries. (16) Sand, stone and chips quarries. (17) Tours and travel and their related trade/ business. (18) Carpentry and Masonry. (19) Small scale Industries. (20) Industries and factories. (21) Cinema and video and their related trade / works. (22) Wood works and furniture. (23) Tea plantation.

65b97a2eab84c7eca86e92a1

acts

State of Punjab - Act ----------------------- Punjab Right to Service Rules, 2012 ------------------------------------- PUNJAB India Punjab Right to Service Rules, 2012 ===================================== Rule PUNJAB-RIGHT-TO-SERVICE-RULES-2012 of 2012 ------------------------------------------------- * Published on 4 May 2012 * Commenced on 4 May 2012 Punjab Right to Service Rules, 2012 Published vide Notification No. G.S.R. 21/P.A.24/2011/S.21/2012, dated 4.5.2012 Last Updated 22nd January, 2020 Government of PunjabDepartment of Personnel(Punjab Governance Reforms Cell) No. G.S.R. 21/P.A.24/2011/S.21/2012. - In exercise of the powers conferred by section 21 of the Punjab Right to Service Act, 2011 (Punjab Act No. 24 of 2011), and all other powers enabling him in this behalf, the Governor of Punjab is pleased to make the following rules, namely :- ### 1. Short title and commencement. (1) These rules may be called the Punjab Right to Service Rules, 2012. (2) They shall come into force on and with effect from the date of their publication in the Official Gazette. ### 2. Definitions. - In these rules, unless the context otherwise requires,- (i) "Act" means the Punjab Right to Service Act, 2011 ; and (ii) "Form" means the Form appended to these rules. ### 3. Receipt and acknowledgement of application, [Section 5]. (1) An eligible person shall make an application for delivery of service to the designated officer either personally or through e-mail or through registered post or through Suvidha Centres, Fard Kendras and Sanjh Kendras duly addressed to the aforesaid officer. (2) If such application is found complete in all respects, the Designated Officer shall acknowledge the receipt thereof in the acknowledgement slip in the prescribed forms provided by the respective departments for each service : Provided that if any document required for the delivery of service has not been enclosed with the application by the applicant, the same shall be clearly mentioned in the acknowledgement by the Designated Officer, to enable the applicant to make his application complete in all respects : Provided further that the time limit specified for delivery of service in such cases shall commence from the date when the applicant supplies the documents mentioned in the acknowledgement : Provided further that in case of service sought from Suvidha Centres, Fard Kendras and Sanjh Kerdras, an additional period of two days would be added to the specified time limit : Provided further that the Designated Officer shall not raise piecemeal objections on such applications. ### 4. Record of service, [Section 5(3) ]. (1) The record of service applied for, shall be maintained by the Designated Officer in Form. RTS-I given in Government of Punjab, Department of Personnel, Notification No. 1/22/2011-1 PGRC/806, dated the 5th August, 2011. (2) The Administrative Department concerned shall prepare an Application Form for every service alongwith a check list of the documents required to be enclosed therewith. (3) All information relating to the notified services, Application Form and documents required for obtaining it, shall be displayed on the notice Board. (i) by the Designated Officer and the Appellate Authorities, outside their offices or any other conspicuous place in the office area ; and (ii) by the in-charge of Suvidha Centre, Fard Kender and Sanjh Kendra outside these centres. (4) All information relating to the notified services, Application Form and documents, required for obtaining it, shall be put on the website by the Administrative Department concerned and by the Commission. (5) In the event of non-display of such information in the public domain, the Second Appellate Authority or the Commission shall be competent to initiate appropriate action against the Designated Officer. ### 5. The recovery of penalty, [Section 21 (d) ]. (1) In the case of imposition of penalty, the Second Appellate Authority shall forward a copy of such order to the A.D. concerned authorities with instructions to deduct the amount from the salary or remuneration of the Designated Officer and/or any other officials involved in the process of providing such service against which penalty has been awarded. (2) In the event of recommendations for disciplinary action against the Designated Officer and/of any other official, the Second Appellate Authority shall send a copy of such order to the Administrative Department concerned and to the Commission. (3) The penalty imposed under the Act, shall be recovered in proportion to be fixed by the Second Appellate Authority from the salary or remuneration of the Designated Officer and/or any other officer/official involved in the process of providing such service. (4) The concerned authority to which a copy of such order of Second Appellate Authority has been marked, shall recover the penalty from the next salary/remuneration of the Designated Officer and/or any other officer/ official involved in the process of providing such service, as decided by the Second Appellate Authority. The penalty so recovered, shall be deposited in the Bank account of the Commission and a copy of receipt of deposit shall be forwarded to the Second Appellate Authority. (5) In the event of award of compensation to the applicant/appellant by the Second Appellate Authority, the concerned authority shall make payment to the applicant/appellant out of penalty recovered by it and deposit the balance amount in the bank account of the Commission as stipulated in the said sub- rule (4). A copy of receipt of compensation by the applicant shall be forwarded to the Second Appellate Authority. ### 6. Procedure for disposal of application, [Section 10]. (1) An application for revision addressed to the Commission or an officer nominated in this respect under the proviso to sub-section (1) of section 12 of the Act, shall be made in Form `A'. (2) The applicant shall enclose a Self Attested copy of the order of the Second Appellate Authority against which the revision has been filed. (3) After receiving the application under sub-rule (1), the Commission shall send notice of the same to the party concerned either, (a) dasti i.e. through the party filing the revision ; or (b) by registered post with acknowledgement ; or (c) through e-mail. (4) While deciding any application in order to ascertain the facts, the Commission may authorize an officer to enquire into the matter. The officer, to whom such an inquiry has been entrusted, shall submit report to the Commission within a period of fifteen days. (5) The Commission shall decide the application in view of the relevant record available before it. ### 7. Salary, allowances and conditions of service of the officers and other employees, [Section 15]. - The employees appointed on deputation from any department of the State Government, Board, Corporation or other statutory body of the State Government, shall be paid such salaries and allowances as admissible to them under the rules applicable to their Service and they shall be governed under the said rules and relevant instructions issued by the State Government from time to time. The Commission may also employ retired employees of the State Government, Board, Corporation or statutory body of the State Government for a period of three years or till the age of sixty two years, whichever is earlier, as per relevant instructions issued by the State Government from time to time on contractual service or for outsourcing of the officials. ### 8. Suo motu notice by the Commission, [Section 21]. - The Commission may take suo motu notice in such cases where the applications/appeals are not decided by the designated officer/appellate authority within the stipulated period and there is unreasonable. delay in disposal of such applications/appeals. On finding any lapse, the Commission may pass appropriate orders in this regard as it may deem fit. Form -`A' [See rule 6(1) ] Application for Revision | | | | | --- | --- | --- | | 1. | Name of the person | : | | 2. | Father/husband's name | : | | 3. | Residential address | : | | 4. | Contact Number with e-mail (if any) | : | | 5. | Details of the service sought | : | | 6. | Name of the department from which service sought | : | | 7. | Date of making application to the Designated Officer | : | | 8. | Date of disposal of application | : | | 9. | Acknowledgement, No. and date | : | | 10. | Date of filing of First Appeal | : | | 11. | Acknowledgement, No. and date | : | | 12. | Date of decision of First Appeal | : | | 13. | Acknowledgement, No. and date | : | | 14. | Date of decision of Second Appeal | : | | 15. | Date of decision of Second Appeal | : | | 16. | Relief claimed by the applicant in revision against the order passed in Second Appeal | : | Date---------------- Place--------------- (Signatures of the Applicant) Note :- Certified copy of the order against which the revision has been filed by the applicant shall be enclosed hereunder.

65ba27d1ab84c7eca86eab97

acts

State of Maharashtra - Act ---------------------------- Maharashtra Khoti Abolition Act, 1950 --------------------------------------- MAHARASHTRA India Maharashtra Khoti Abolition Act, 1950 ======================================= Act 6 of 1950 --------------- * Published on 3 April 1950 * Commenced on 3 April 1950 Maharashtra Khoti Abolition Act, 1950 Act No. 6 of 1950 [3rd April, 1950] For Statement of Objects and Reasons, see Bombay Government Gazette, 1949, Part V, pp. 205-206. An Act to abolish the khoti tenure in the [State of Bombay] [These words were substituted for the words 'Provincial of Bombay' by Bombay 18 of 1950, Section 2(i) .] Whereas it is expedient to abolish the khoti tenure prevailing in the districts of Ratnagiri and Kolaba in the [Bombay area of the State of Maharashtra] [These words were substituted for the words 'State of Bombay' by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.] and to provide for certain consequential and incidental matters hereinafter appearing; It is hereby enacted as follows:- ### 1. Short title, extent and commencement. (1) This Act may be called [the Maharashtra Khoti Abolition Act] [This short title was substituted for the short title 'the Bombay Khoti Abolition Act, 1949' by Maharashtra 24 of 2012, Schedule entry No. 42. (w.r.e.f. 1.5.1960)] . (2) It extends to the districts of Ratnagiri and Kolaba as constituted immediately before the thirtieth day of July 1948. (3) It shall come into force on such date as the [State Government] [These words were substituted for the words 'Provincial of Bombay' by Bombay 18 of 1950, Section 2(i) .] may by notification in the Official Gazette, specify. ### 2. Definitions. (1) In this Act unless there is anything repugnant in the subject or context,- (i) "Code " means the Bombay Land Revenue Code, 1879; [(i-a) "Collector" includes an officer appointed by the State Government to perform the functions and exercise the powers of the Collector under this Act;] [ Clause (i-a) was inserted by Bombay 38 of 1953, Section 3 and Second Schedule.] (ii) "dhara land" means land held by a dharekari and in the Ratnagiri district includes land held by a quasidharekhari; (iii) "dharekari" means a landholder who holds land on the dhara tenure; (iv) "khot" includes- (a) a mortgagee lawfully in possession of a khoti; (b) all co-sharers in a khotki; (v) "Khoti Act" means the Khoti Settlement Act, 1880: (vi) "khot's dues" means,- (a) the rent paid to a khot by a quasidharekari or permanent tenant of khoti land in the district of Ratnagiri, in accordance with the provisions of section 33 of the Khoti Act, and (b) the kohti fayda paid by any tenant of the Khoti nisbat land in the district of Kolaba, in accordance with the terms of the Kabulayat or in accordance with the orders passed under section 38 of the Khots Leases Act, 1865, exclusive of the survey assessment due to the [State Government] [These words were substituted for the words 'Provincial of Bombay' by Bombay 18 of 1950, Section 2(ii) .] and the cess leviable under section 93 of the Bombay Local Boards Act, 1923, in respect of such land; (vii) "khoti khasgi land" means,- (a) in the Ratnagiri District khoti land held by and in possession of a khot other than khoti nisbat land and land held by a privileged occupant as defined in the Khoti Act; (b) in the Kolaba District,- (i) land which is entered in the khot's own name as khoti [\* \*] [The word 'khasgi' was deleted by Bombay 38 of 1953, Section 3 and Second Schedule.] or in that of a co-sharer in a khotki in the records of the original survey; and (ii) land acquired since the original survey by the khot by purchase or other lawful transfer otherwise than in his capacity as a khot; (viii) "khoti land" means land in respect of which a khot had, as such, any right or interest in the district of Ratnagiri according to the provisions of the Khoti Act and in the district of Kolaba according to the custom of tenure; (ix) "Khoti nisbat land" means,- (a) in the district of Ratnagiri and which in a khoti village before the coming into force of this Act has reverted to the khot under section 10 of the Khoti Act [and Includes also lands entered as khoti nisbat in the revenue records or the records of the khot before the passing of the Khoti Act] [The portion was added by Bombay 65 of 1953, Section 2. This amendment shall be deemed to have been made and come into force on the date on which Bombay 6 of 1950 came into force (vide 5. 3 of Bombay 65 of 1953).] ; (b) in the district of Kolaba,- (i) land in a khoti village which may have come into the possession of the khot by lapse for failure of heirs of a tenant or by forfeiture on the tenant's failure to pay rent or by the resignation of the tenant; (ii) land which may have been entered at the original survey in the khoti nisbat padit khata and since brought into cultivation otherwise than at the khot's own expenses; (x) "khoti village" means a village, or a portion or share of a village, to the extent to which a khot has any right or interest in such village, or portion or share thereof; (xi) "permanent tenant" means a holder of khoti land who has a permanent tenancy in such land; (xii) "quasidharekari" means a landholder of any of the denominations, named in the first column of the Schedule to the Khoti Act. (2) Any word or expression which is defined in the Code and not defined in this Act shall be deemed to have the meaning given to it by the Code. (3) References in this Act to the provisions of the Khoti Act and the incidents of the khoti tenure shall, notwithstanding the repeal of the said Act and the abolition of the said tenure by this Act, be construed as references to the said provisions and incidents as they were in force immediately before this Act comes into force. ### 3. Abolition of khoti tenure. - With effect from and on the date on which this Act comes into force,- (1) the khoti tenure shall, wherever it prevails in the districts of Ratnagiri and Kolaba, be deemed to have been abolished; and (2) save as expressly provided by this Act, all the incidents of the said tenure shall be deemed to have been extinguished, notwithstanding any law, custom, or usage or anything contained in any sanad, grant, kabulayat, lease, decree or order of any court or any other instrument. ### 4. Khot, dharekari and tenants to be occupants. (1) (a) In the case of khoti khasgi land, the khot; (b) in the case of a dhara land, the dharekari or quasidharekari; (c) in the case of land held by a permanent tenent, the permanent tenant; (d) (i) in the case of khoti nisbat land, any tenant in possession of the land; and (ii) if there be no tenant in possession of such land, the khot; shall be primarily liable to the [State Government] [These words were substituted for the words 'Provincial Government' by Bombay 18 of 1950, Section 2(ii) .] for the payment of land revenue due in respect of such and held by him and shall be entitled to all the rights and shall be liable to all the obligations in respect of such land as an occupant under the Code or any other law for the time being in force: Provided that in the district of Ratnagiri in the case of a tenant (other than a permanent tenant) in the possession Of khoti nisbat land, such tenant shall be entitled to the rights of an occupant on payment to the khot of the occupancy price equivalent to six multiples of the survey assessment fixed on the land: Provided further that in the district of Kaaba, in the case of a tenant (other than a permanent tenant) in the possession of khoti nisbat land such tenant, and in the case of a khot in respect of khoti nisbat land in his actual possession such khot, shall be entitled to the rights of an occupant on payment to the [State Government] [These words were substituted for the words 'Provincial Government' by Bombay 18 of 1950, Section 2(ii) .] of the occupancy price equivalent to six multiples of the survey assessment fixed on the land. (2) The occupancy price payable under this section shall be in addition to the amount of the commuted value payable by any person under section 5. (3) With effect from the date on which this Act comes into force, the land in respect of which any person is entitled to the rights of an occupant under sub-section (1), shall be free from the liability for the payment of khot's due in respect thereof, and all rights of a khot in his capacity as a khot in such land shall be deemed to have been extinguished. (4) Nothing in sub-section (3) shall in any way affect the liability of any person to pay in respect of the land in his possession the amount of the khot's dues for current year ending on the 31st day of July 1950 and the amount of the arrears of such dues for any previous year in respect of the said land. ### 5. Commutation of khot's dues. (1) A quasidharekari or a permanent tenant or a tenant of khoti nisbat land shall be liable to pay the commuted value of the khot's dues which were payable by him immediately before the coming into force of this Act in respect of the land held by him. Such commuted value shall be estimated and paid in the manner prescribed in sub-sections (2) and (3). (2) The Mamlatdar shall give notice in the prescribed manner to the persons referred to in sub-section (1) and the khot, and after holding a format inquiry shall be determine the amount of the commuted value of the khot's dues: Provided that the amount of commuted value shall not exceed three times the amount of the khot's dues, if payable in cash or three times the value of such dues if payable in kind, subject to the maximum of a sum equal to six times the survey assessment of the land, or if the khot's dues are payable in crop share, three times the commuted value of such dues reckoned in the manner provided for in sub-section (3) . (3) In estimating the commuted value of the khot's dues payable in crop-share, a third crop-share shall be held as equivalent to two multiples of survey assessment fixed on the land and any other crop-share as a proportional multiple of such assessment: Provided that the commuted value of the produce payable on any warkas land actually used for the purpose of rab manure in connection with rice cultivation shall be held as equivalent to one survey assessment of such land. ### 6. Occupancy price or commutation value recoverable as arrears of land revenue. - The amount of the occupancy price payable under section 4 and the amount of the commutation value payable under section 5, if not deposited with the Mamlatdar or paid to the khot, in accordance with the directions within the period specified in the direction, shall be recoverable as arrears of and revenue. The amount deposited or recovered shall be paid to the khot or credited to [Government] [This word was substituted for the words 'the Crown' by Bombay 18 of 1950, Section 2(iii) .] as the case may be. ### 7. Khot to hand over accounts etc, to authorised Officer. (1) Whenever an officer authorised by the [State Government] [These words were substituted for the words 'Provincial Government' by Bombay 18 of 1950, Section 2(ii) .] in this behalf so directs, a khot shall produce before him or such other officer as may be specified in the direction accounts and other records relating to the khoti village kept by him in the Ratnagiri district under the provisions of the Khoti Act and in the Kolaba district under the terms of the kabulayat. (2) If the khot fails without reasonable cause to deliver any such accounts or records, he shall, on conviction, be punished with fine which may extend to Rs. 200. In the case of a continuing failure to deliver any such accounts or records, the khot shall be punished with an additional fine which may extend to Rs. 25 for every day during which such failure continues after conviction for the first such failure, ### 8. Uncultivated and waste lands and all property of the nature specified in section 37 of the Code vests in [Government]. [This word was substituted for the words 'the Crown' by Bombay 18 of 1950, Section 2(iii) .] . - For the removal of doubt, it is hereby declared that all uncultivated and waste lands in a khoti village not appropriated by any khot and not entered into the revenue or survey records as khoti khasgi before the date on which this Act comes into force, and all other kinds of property referred to in section 37 of the Code, situate in a khoti village, which are not the property of the individuals or of any aggregate of persons legally capable of holding property and except in so far as any rights of such persons may be established in or over the same and except as may be otherwise provided in any law for the time being in force, are together with all rights in or over the same or appertaining thereto, the property of [Government] [This word was substituted for the words 'the Crown' by Bombay 18 of 1950, Section 2(iii) .] and it shall be lawful to dispose of or set apart the same for the authority in the manner and for the purpose provided in section 37 or 38 of the Code, as the case may be. ### 9. Extinction of khot's right of reversion. - From the date on which this Act comes into force a khot shall not be entitled to acquire any right in any khoti land by right of reversion. Explanation.- For the purposes of this section, the right of reversion shall mean a right by which a khot was entitled to acquire lands held by a privileged occupant under section 10 of the Khoti Act or dhara or khoti nisbat land in the district of Kolaba according to the custom of the tenure. ### 10. Right to trees. - The rights to trees specially reserved under the Indian Forest Act, 1927, or any other law for the time being in force except those the ownership or which has been transferred by [Government] [This word was substituted for the words 'the Crown' by Bombay 18 of 1950, Section 2(iii) .] under any contract, grant or law for the time being in force shall vest in [Government] [This word was substituted for the words 'the Crown' by Bombay 18 of 1950, Section 2(iii) .] . ### 11. Application of the Code to lands in khoti village. - Save as otherwise expressly provided in this Act, the provisions of the Code shall apply to lands in a khoti village. ### 12. Method of compensation for the extinguishment or modification of any rights on land. (1) If a khot or any other person is aggrieved by any of the provisions of this Act as extinguishing or modifying any of his rights in land and if such person proves that such extinguishment or modification amounts to transference to public ownership of any land or any right in or over such land, such person may apply to the Collector for compensation. (2) Such application shall be made in the form prescribed by rules made under this Act [on or before the 31st day of March 1952] [These words, figures and letters were substituted for the words 'within six months from the date on which this Act comes into force' by Bombay 3 of 1952, Section 2, Schedule.] [and in the case of compensation for the extinguishment of any right to a share in the revenues of a forest, on or before the 31st day of March 1964] [These words, letters and figures were inserted by Maharashtra 43 of 1963, Section 2.] ; (3) The Collector shall after holding a formal inquiry in the manner provided by the Code award such compensation as he deems reasonable and adequate: Provided that - (a) the amount of compensation for the extinguishment of the right of reversion in lands in a khoti village in the district of Ratnagiri shall not exceed in the amount calculated at the rate of Rs. 2 per 100 acres of such land; (b) the amount of compensation for the extinguishment of any right to appropriate any uncultivated and waste lands not appropriated by any khot and not entered in the revenue or survey records as khoti khasgi immediately before the 1st day of August 1949, shall not exceed the amount calculated at the rate of Rs. 5 per 100 acres of such land: Provided further that in the case of the extinguishment or modification of any other right of a khot or any right of any other person the Collector shall be guided by the provisions of sub-section (1) of section 23 and section 24 of the Land Acquisition Act, 1894: Provided also that if any question arises whether any land is dhara, khoti khasgi or khoti nisbat or is held by a permanent tenant or other tenant, the Collector shall after holding a formal inquiry in the manner provided by the Code decide the question. (3A) (i) Where the officer making an award under sub-section (3) is a Collector under this Act but not a Collector appointed under section 8 of the Code and the amount of such award exceeds five thousand rupees, then the award shall not be made without the previous approval of - [(a) the Collector appointed under section 8 of the Code, if the amount of the award does not exceed twenty-five thousand rupees, or (b) the Commissioner, if the amount of the award exceeds twenty-five thousand rupees but does not exceed one lakh of rupees, or (c) the State Government, if the amount of the award exceeds one lakh of rupees. (ii) Where the officer making an award under sub-section (3) is a Collector under this Act and also a Collector appointed under section 8 of the Code, and the amount of such award exceeds twenty-five thousand rupees, then such award shall not be made without the previous approval of (a) the Commissioner, if the amount of the award does not exceed one lakh of rupees, or (b) the State Government if the amount of the award exceeds one lakh of rupees. (iii) Every award under sub-section (3) shall be in the form prescribed in section 26 of the Land Acquisition Act, 1894.] (4) Subject to the provisions of sub-section (5), the award or decision of the Collector shall be final. (5) Any person aggrieved by the award or decision of the Collector may appeal to the [Maharashtra Revenue Tribunal constituted under the Bombay Revenue Tribunal Act, 1957.] [These words and figures were substituted for from 'Bombay Revenue Tribunal' to '1939' by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.] (6) In deciding appeals under sub-section (5) the [Maharashtra Revenue Tribunal] [These words were substituted for the words 'Bombay Revenue Tribunal' by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.] shall exercise all the powers which a Court has and follow the same procedure which a Court follows in deciding appeals from the decree or order of an original Court under the Code of Civil Procedure, 1908. ### 13. Limitation. - Every appeal made under this Act to the [Maharashtra Revenue Tribunal] [These words were substituted for the words 'Bombay Revenue Tribunal' by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.] shall be filed within a period of sixty days from the date of the award of the Collector. The provisions of sections 4, 5, 12 and 14 of the Indian Limitation Act, 1908, shall apply to the filing of such appeal. ### 14. Court-fees. - Notwithstanding anything contained in the Court-fees Act, 1870, every appeal made under this Act to the [Maharashtra Revenue Tribunal] [These words were substituted for the words 'Bombay Revenue Tribunal' by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.] shall bear a court-fee stamp of such value as may be prescribed. ### 14A. [ Revisional powers in respect of awards made before commencement of Bombay XCIII of 1958. - Where any award was made under sub-section (3) of section 12 before the commencement of the Bombay Land Tenure Abolition (Amendment) Act, 1958 and no appeal was filed against such award under sub-section (5) of section 12 then notwithstanding anything contained in sub-section (4) of section 12 the State Government may call for the record of the inquiry or proceedings relating to such award for the purpose of satisfying itself as to the legality, propriety or regularity, of such inquiry or proceedings, and if, after giving the interested parties an opportunity to be heard, it is not satisfied as to the legality, propriety or regularity of such inquiry or proceedings, it may cancel the award and direct the Collector, to make a fresh award and thereupon all the provisions of this Act relating to the making of an award, the finality of such award and the appeal against such award shall mutatis mutandis apply to such fresh award.] [Section 14A was inserted by Bombay 93 of 1958, Section 2. Schedule.] ### 15. Provisions of Bombay LXVII of 1948 to govern the relations of khot and tenants. - Nothing in this Act shall in any way be deemed to affect the application of any of the provisions of the Bombay Tenancy and Agricultural Lands Act, 1948, to any of the khoti lands or the mutual rights and obligations of a khot and his tenants, save in so far as the said provisions are not in any way inconsistent with the express provisions of this Act. ### 16. Rules. - The [State Government] [These words were substituted for the words 'Provincial Government' by Bombay 18 ,-)f 1950, Section 2(ii) .] may make rules for the purpose of carrying out the provisions of this Act. Such rules shall be subject to the condition of previous publication and shall, when finally made, be published in the Official Gazette. ### 17. Repeal. - The enactments specified in the schedule are hereby repealed to the extent specified in column 4 thereof: Provided that the repeal of the said enactments and the provisions declaring any incident of the khoti tenure to have been extinguished shall not in any way affect any legal proceeding pending at the date of the commencement of this Act and such legal proceeding shall be continued and finally disposed of as if this Act had not been passed. Schedule ---------- (See section 17) | | | | | | --- | --- | --- | --- | | Year | No. | Short title | Extent of repeal. | | 1 | 2 | 3 | 4 | | 1865 | I | The Khots Leases Act, 1865 | Sections 37 and 38. | | 1879 | V | The Bombay Land Revenue Code, 1879 | Section 114. | | 1880 | I | The Khoti Settlement Act, 1880 | The whole. | Notifications G. N., R. D., No. 9705/45, dated 8th May, 1950 (B. G., Part IV-B, Pages 842) - In exercise of the powers conferred by sub-section (3) of section 1 of the Bombay Khoti Abolition Act, 1949 (Bombay VI of 1950), the Government of Bombay is pleased to specify 15th May 1950 as the date on which the said Act shall come into force. G. N., R. D., No. 6017/51(a) , dated 14th August, 1953 (B. G., Part IV-B, Pages 1578) - In exercise of the powers conferred by clause (i-a) of sub-section (1) of section 2 of the Bombay Khoti Abolition Act, 1949 (Bombay VI of 1950), the Government of Bombay is pleased to appoint the officers specified in column 1 of the Schedule appended hereto, to perform the functions and exercise the powers of a Collector under the said Act in the district specified against them in column 2 of the said Schedule namely :- Schedule 2 ------------ | | | | --- | --- | | Designation of Officer | District | | 1 | 2 | | 1.Special Deputy Collector, Ratnagiri | Ratnagiri | | 2. Special Deputy Collector, Kolaba | Kolaba | G. N., R. D., No. BKA. 2956-V/151437-L, dated 18th February, 1957 (B. G., Part IV-B, Pages 165) - In exercise of the powers conferred by clause (i-a) of sub-section (1) of section 2 of the Bombay Khoti Abolition Act, 1949 (Bombay VI of 1950), the Government of Bombay hereby appoints (1) the Assistant or Deputy Collector, Panvel, and (2) the Assistant or Deputy Collector, Mahad, to perform the functions and exercise the powers of the Collector under the said Act within their respective jurisdiction. G. N., R. D., No. BKA. 2958/98824-L, dated 14th July, 1958 (B. G., Part IV-B, Pages 749) - In exercise of the powers conferred by clause (i-a) of sub-section (1) of section 2 of the Bombay Khoti Abolition Act, 1949 (Bombay VI of 1950) the Government of Bombay hereby appoints the Special Deputy Collector to the Kolaba District to perform the functions and exercise the powers of the Collector under the said Act in that District. G. N., R. D., No. BKA. 1058-L, dated 11th September, 1958 (B. G., Part IV-B, pages 961) - In exercise of the powers conferred by clause (i-a) of sub-section (1) of section 2 of the Bombay Khoti Abolition Act, 1949 (Bombay VI of 1950), the Government of Bombay hereby appoints the Additional Collector of the Ratnagiri District to perform the functions and exercise the powers of the Collector under the said Act, within his jurisdiction. [Sub-section (3A) was inserted by Bombay 93 of 1958, Section 2, Schedule.]

65baa7bdab84c7eca86ec469

acts

State of Gujarat - Act ------------------------ Head Clerk, Class III, (Departmental Examination) Rules, 2013 --------------------------------------------------------------- GUJARAT India Head Clerk, Class III, (Departmental Examination) Rules, 2013 =============================================================== Rule HEAD-CLERK-CLASS-III-DEPARTMENTAL-EXAMINATION-RULES-2013 of 2013 ----------------------------------------------------------------------- * Published on 10 January 2014 * Commenced on 10 January 2014 Head Clerk, Class III, (Departmental Examination) Rules, 2013 Published vide Notification No. GU/2014/MVN/14/2012/2196, dated 10.1.2014 Last Updated 5th November, 2019 No. GU/2014/MVN/14/2012/2196. - In exercise of the powers conferred by the proviso to Art. 309 of the Constitution of India, the Governor of Gujarat hereby makes the following rules to provide for regulating the method of the Departmental Examination for promotion to the post of Head Clerk, Class III, in the Chief Electrical Inspectorate, Gujarat State, namely:- ### 1. Short title, extent and commencement. (1) These rules may be called the Head Clerk, Class III, (Departmental Examination) Rules, 2013. (2) They shall come into force on the date of their publication in the Official Gazette. (3) They shall apply to the persons appointed as Junior Assistant. Class III, in the subordinate service of the Chief Electrical Inspectorate, Gujarat State, whether by promotion or otherwise. ### 2. Definition. - In these rules, unless the context otherwise require.- (a) "Appendix" means Appendix appended to these rules; (b) "Board" means the Gujarat Subordinate Service Selection Board, Gandhinagar. (c) "examination" means the departmental examination prescribed under these rules as a prerequisite for promotion to the post of a Head Clerk, Class III. (d) "Specified chances I prescribed chances" means the number of chances prescribed /specified in these rules within which a person is required to pass the examination; (e) "Specified period I prescribed period" means the period prescribed / specified in these rules within which a person is required to pass the examination. ### 3. Eligibility to appear in the examination and availability of chances. (1) A person appointed as a Junior Assistant, Class III, shall required to pass the examination for promotion to the post of Head Clerk, Class III, within three chances and within a period of three years from the date of his regular appointment: Provided that a person belonging to the Scheduled Castes or Scheduled Tribes may be given one more chance which shall have to be availed of within a period of one year from the date of the expiry of the period mentioned in these rules: Provided further that, if the period for passing the examination as provided in these rules, expires before providing him the last chance available under these rules, the said period shall be deemed to have been extended until the date of the declaration of the result of the examination. (2) If a Junior Assistant, Class III, fails to pass the said examination in the prescribed chances and within the prescribed period, he shall, notwithstanding such failure, be eligible to appear at any time in the examination on payment of an examination fees as may be determined by the Government from time to time: Provided further that if a person passes the examination after availing the additional chances, he/she shall not be entitled to claim seniority over those persons who have passed the examination earlier than him/her within the specified chances and specified period. ### 4. Compulsory for promotion. - No person who is appointed as a Junior Assistant, Class III, shall be eligible for promotion to the post of Head Clerk, Class III unless he/she passess the examination prescribed under these rules. ### 5. Venue of Examination. (1) The place, date and time of the examination shall be communicated by the Board directly to the candidates under intimation to the Secretary to the Government of Gujarat, Energy and Petrochemicals Department and the Chief Electrical Inspector, Gujarat State. (2) The Board shall conduct the examination twice in a year, ordinarily in the month of June and December. ### 6. Paper and Syllabus. - The syllabus of the examination shall be as specified in the Appendix A'. The examination shall consist of multiple choice questions (MCQs) except Paper IV which shall be descriptive. ### 7. Medium of Examination. - The medium of examination shall be Gujarati. Answers in Paper IV shall be required to be written in English or Gujarati, as per the instruction given in the question paper. ### 8. Application for appearing in the Examination. (1) A person who intends to appear at the examination shall send his application in the Form as specified in Appendix 'B' for enlisting his name as a candidate for such examination at least sixty days before the date of the commencement of the examination or the Head of Office in which the person is serving. The Head of Office shall scrutinise the application for appearance in the examination, with regard to his eligibility for appearing at the examination and forward the same to the Board for conducting the examination through the Chief Electrical Inspector, Gujarat State, along with the Certificate of Eligibility as prescribed in Appendix c. (2) If the applicant subsequently decides not to appear at the examination, he shall give intimation thereof to Board through the Chief Electrical Inspector at least thirty days , before the date of the Commencement of the examination. (3) In the event of any person failing to appear at the examination after having enlisted his name as a candidate but without intimating referred to in sub-rule (2), he shall be deemed to have lost one chance to pass the examination. Provided that the State Government may condone the failure on the part of the person to give intimation referred to in sub-rule (2) , and the consequences arising there from if it is satisfied that the person had failed to give the intimation within time for reasons beyond his control. (4) The Board shall admit the candidate to the examination on the strength of the certificate issued by the Chief Electrical Inspector, Gujarat State, that he is eligible to appear at the examination. ### 9. Qualifying Standard for Passing Examination. (1) The standard for passing the examination shall be fifty per cent, of the total marks assigned to each paper. (2) The candidate shall be allowed to answer the entire subjects of paper 1 and paper 2 with the help of books except Paper IV which shall be without books. Explanation. - With books means bare Acts, rules and text without any commentary or case laws and includes manual issued under the Act and published by the Government of Gujarat. (3) An unsuccessful candidate who secures 60 % (sixty per cent) or more marks in any one or more papers shall be exempted from appearing in those papers at the subsequent examination. (4) A candidate who has secures 80% (eighty per cent.) or more aggregate marks in the examination shall be paid cash amount as an incentive as determined by the State Government. ### 10. Publication of Result. - The Board shall publish the result of the examination in the Gujarat Government Gazette and also communicate the same to the Government, in the Energy and Petrochemicals Department. ### 11. Prohibition to use certain devices in the exam hall. - A candidate shall not be allowed to carry with him any other electronic communication devices like cellular phone, calculator, pager, etc. ### 12. Mark-Sheet and rechecking of Marks. - A candidate, who desires to have his marks of the examination rechecked, may apply to the Board along with such fees as may be fixed by the Board for each paper within a period of fifteen days from the date of declaration of the final result of the examination. Appendix "a" [See its Rules 6, 7] Syllabus for the Head Clerk, Class III, (Departmental) Examination | | | | --- | --- | | 1. Paper-1 (With Book) | Service Matters | | | Duration Three Hours | Total Marks 100 | | | 1. Gujarat Civil Services (Conduct) Rules. 1971 and Gujarat Civil Service (Discipline and Appeals) Rules" 1971. | | | 2. Right to Information Act, 2005 (With Amendment - 2011) | | | 3. Office Procedure. (Non-Secretariat) | | | 4. Prevention of Corruption Act, 1988. | | 2. Paper- II (With Book) | Accounts Matters | | | Duration Three Hours " | Total Marks 100 | | | 1. Gujarat Financial Rules. 2002. | | | 2. General Provident Fund Rules. | | | 3. Gujarat Treasury Rules. 2000. | | | 4. Gujarat Contingency Expenditure Rules, 2002. | | | 5. Gujarat Civil Service Rules, 2002 (Vol. I to VIII) | | 3. Paper-Ill (With Book) | Departmental Acts and Rules | | | Duration Three Hours | Total Marks 100 | | | 1. Electricity Act, 2003. | | | 2. Measures Relating to Safety and Electric Supply Regulation 2010. | | | 3. Gujarat Lifts and Escalators Act, 2000 and Rules 2001. | | | 4. Gujarat (Mumbai) Aerial and Ropeway Act, 1955. | | | 5. Rules of Licensing Board. | | | 6. Electrical Wires, Cables, Appliances and Protection Devices and Accessories (Q.C.) Order, 2003. | | 4. Paper- IV | Gujarati and English Language | | | Duration Three Hours | Total Marks 100 | | | 1. Drafting and Noting in English and Gujarati. | | | 2. Public Relation and Communication | | | 3. Correspondence with Public and other institutions. | | | 4. Drafting of Demi Official letters written/given by Senior Officers. | | | 5. Different types of letters and difference between them. | | | 6. Different types of Government orders, its utilization: importance (GR, Notification, Circular, Office Order, Memorandum, etc.) | | | 7. Translation of English into Gujarati and Gujarati in to English. | Appendix "B" [See its Rule 8 (i) ] Application Form Application for appearing at examination..............to be held in................... | | | | | --- | --- | --- | | 1 | Applicant's Name in Full (Surname First) (in English and Gujarati) | | | 2 | Designation (in English and Gujarati) | | | 3 | Name of the Office in which at present serving. | | | 4 | Birth date and age at the time of this Examination. | | | 5 | Date of the appointment and total years of service (Non -Gazetted) | | | 6 | Whether appeared at the examination previously? If so State: (a) Month and Year of the examination at which he appeared. (b) Whether any exemption is earned? If so details of the marks, year of examination and subject should be given. | | | 7 | Authority or the rule under which he/she has to appear for the examination. | | | 8 | (a) Month and year of examination at which he appeared. | | | | (b) Whether any exemption is obtained? If so, details of marks, year of examination and subject should be given. | | | | (c) Whether he/she intends to avail of exemptions obtained? State Yes or No (The choice will be treated as final and no change will be allowed) | | | 9 | Number of Chances and time limit within which the candidate is required to pass the examination: (Dates of eligibility and expiry for appearing at the examination should be mentioned). | | | 10 | Number of trials exhausted. | | | 11 | Whether additional (Special) chance has been granted? Number and date or order under which the additional (special) chances has been granted should be specified and a copy thereof should be sent. | | | 12 | Number and date of orders relaxing age limit and /or service limit from competent authority (Copies of orders should be sent). | | | 13 | Purpose of passing the examination (confirmation, retention in Government service, promotion) etc. | | | 14 | Whether eligible to appear at the examination according to rules of the examination? | | | 15 | Whether fee is paid?. If yes, the details of challan & date. | | | 16 | Remarks, if any. | | | | | | --- | --- | | Place: | | | Date : | (Signature of Applicant) | Appendix "c" (Its Rule 8(1) ) Certificate of Eligibility Certified that................. (1) The above particular are verified and found correct Shri ..................is eligible to appear at the Head Clerk, Class III, Examination for promotion to the post of Head Clerk, Class III, of in the Chief Electrical Inspectorate, to be held in 20................................. (2) \* Necessary fee is paid, copy of the chalan is attached herewith. (3) \* Candidate is granted additional chance, a copy of order is attached. | | | | --- | --- | | Place: | (Office Seal) | | Date : | | \* Strike out whichever is not applicable.

65ba67cbab84c7eca86eb29f

acts

State of Tamilnadu- Act ------------------------- The Tamil Nadu Prevention Of Begging Act, 1945 ------------------------------------------------ TAMILNADU India The Tamil Nadu Prevention Of Begging Act, 1945 ================================================ Act 13 of 1945 ---------------- * Published in Gazette 13 on 21 February 2017 * Assented to on 21 February 2017 * Commenced on 21 February 2017 The Tamil Nadu Prevention Of Begging Act, 1945. Act No.13 of 1945 An Act to provide for the prevention of begging for the detention and employment of beggars and their dependents in work-houses or special homes, and for the custody, trial and punishment of beggar offenders in the State of Tamil Nadu. WHEREAS it is expedient to provide for the prevention of begging for the detention and employment of beggars and their dependents in work-houses or special homes, and for the custody, trial and punishment of beggar offenders in the State of Tamil Nadu. It is hereby enacted as follows:— ### 1. Short title, extent and commencement .— (1) This Act may be called The Tamil Nadu Prevention Of Begging Act, 1945. (2) It extends to the whole of the State of Tamil Nadu. (3) This Section shall come into force at once; and the State Government may, from time to time by notification in the Fort St. George Gazette, direct that the remaining provisions of this Act shall come into force in such local area and on such date, as may be specified in the notification. ### 2. Definitions .— In this Act, unless there is anything repugnant in the subject or context — (1) “begging” means- (i) soliciting or receiving alms in a public place, whether under the pretence of singing, dancing, performing tricks or selling articles or otherwise ; (ii) entering on any private premises for the purpose of soliciting or receiving alms (iii) exposing or exhibiting, with the object of obtaining or extorting alms, any sore, wound, injury, deformity or disease, whether of himself or of any other person or of an animal; (iv) allowing oneself to be used as an exhibit for the purpose of soliciting or receiving alms; but does not include-- (a) earning a livelihood by displaying skills and talents by street artists and performers in the oral tradition, bards, jugglers and street magicians; and (b) soliciting or receiving money or food or gifts for such purposes as may be prescribed. (1A) “Juvenile Court” means a Court established under sub-section (1) of section 36 of the Madras Children Act, 1920(Madras Act IV of 1920), and if no such Court is established in any area, a Sub-divisional Magistrate or a Magistrate of the first or second class specially authorized by the State Government to exercise the powers of such Court. (1B) “Magistrate” means a salaried Presidency Magistrate or a sub-divisional Magistrate or a Magistrate of the first or second class specially authorised by the State Government in this behalf; (1C) “public place” includes any public street, road or thoroughfare or any place of public worship or any place of public resort or any bus-stand or any railway carriage or premises of a railway station. (2) “special home” means a place notified by the State Government in the Fort St, George Gazette as suitable for the reception of persons not physically capable of ordinary manual labour, who are committed to a special home under any of the provisions of this Act; (3) "workhouse" means a place notified by the State Government in the Fort St. George Gazette as suitable for the reception of persons physically capable of ordinary manual labour, who are committed to a workhouse under any of the provisions of this Act. ### 3. Penalty for begging.— (1) Whoever is found begging shall be punishable — (a) on a first conviction, with fine which may extend to fifty rupees or with imprisonment which may extend to one month; (b) on a second or subsequent conviction, with imprisonment for a term which may extend to six months. (2) Any Police officer may arrest without a warrant any person who is found begging; Provided that no person entering on any private premises for the purpose of soliciting or receiving alms shall be so arrested or shall be liable to any proceedings under this Act except upon a complaint of the occupier of the premises. ### 4. Application of Sections 5 to 10.— The provisions of Section 5 to 8 shall apply only if the State Government have notified a place as a workhouse or as a special home; the provisions of Section 9 shall apply if the State Government have notified a place as a workhouse; and the provisions of Section 10 shall apply if the State Government have notified a place as a special home and the provisions of Sections 10-A, 12-A and 23 shall apply if the State Government have notified any leper asylum appointed under Section 3 of the Lepers Act, 1898 (Central Act 3 of 1898) as a special home under clause (2) of Section 2. ### 5. Persons arrested for offence under Section 3 to be examined by medical officer.— Any person arrested by a Police officer for an offence punishable under Section 3 who in the opinion of such Police officer has attained the age of eighteen years shall be informed, as soon as may be, of the grounds for such arrest, and shall be produced before the nearest Magistrate within a period of twenty-four hours of such arrest excluding the time necessary for the journey from the place of arrest to the Court of the Magistrate; and no such person shall be detained in custody beyond the said period without the authority of a Magistrate. The Magistrate shall without delay order the person to be taken before a medical officer not below the rank of Assistant Surgeon; and the medical officer shall after examining such person grant a certificate regarding his age and physical capacity for ordinary manual labour. ### 6. Arrested person to be produced before a Juvenile Court, if found to be under eighteen.— If in the opinion of such medical officer the person arrested has not attained the age of eighteen years, such person shall without delay be produced, together with the certificate of the medical officer, before a Juvenile Court and the provisions of Section 12 or Section 12-A shall then apply to the case. ### 7. Arrested person to be produced before Magistrate, if found to be eighteen or over.— (1) If in the opinion of such medical officer the person arrested has attained the age of eighteen years, he shall, without delay, be produced before a Magistrate together with the certificate and a report by a Police officer of the facts of the case. (2) The Magistrate shall make a summary inquiry into the facts of the case and the circumstances and the character of the person produced before him. (3) During such inquiry the Magistrate shall explain to such person the facts alleged against him in the Police report and record any statement which he may wish to make with reference thereto. (4) If such person disputes the correctness of the Police report in any material respect, the Magistrate shall proceed as nearly as may be in accordance with the procedure laid down for the trail of summons cases, in the Code of Criminal Procedure, 18985 (Central Act of 1898) ### 8. Orders to be passed by Magistrate, if he finds accused to be under eighteen.— If the Magistrate finds that the person in respect of whom an inquiry is made under Section 7 is guilty of an offence under Section 3, but had not attained the age of eighteen years, the Magistrate may pass any order which a Juvenile Court could have passed if such person had been produced before it under sub-section (1) of Section 12. ### 9. Power of Magistrate to order detention of able-bodied accused of eighteen or over to workhouse.— (1) If the Magistrate finds that the person in respect of whom such enquiry is made is guilty of an offence under Section 3, has attained the age of eighteen years, and is physically capable of ordinary manual labour, the Magistrate may, if there is a workhouse instead of sentencing him under Section 3, order him to be detained in such workhouse for a period of not less than one year and not more than three years; Provided that if the Magistrate is satisfied from the circumstances of the case that the person convicted is not likely to beg again, he may release the beggar after due admonition in a bond executed with or without sureties, as the Magistrate may require by the beggar or any other person whom the Magistrate considers suitable. Such bond shall provide for the beggar's abstaining from begging and being of good behaviour for such period not exceeding two years as the Magistrate may direct. (2) Any person who commits an offence under Section 3 in breach of the bond executed under the proviso to sub-section (1), shall, if in the opinion of the Magistrate he is physically capable of ordinary manual labour, be punishable with imprisonment for a term which may extend to six months and the Magistrate may also order the forfeiture of the bond aforesaid; Provided that the Magistrate may, instead of sentencing the offender as aforesaid, order him to be detained in a workhouse for a period of not less than three years and not more than five years. ### 10. Power of Magistrate to order detention of accused who is not able-bodied to special home.— If the Magistrate finds that the person (other than a person who is a leper) in respect of whom an inquiry is made under Section 7 is guilty of an offence under Section 3 and has attained the age of eighteen years but is not physically capable of ordinary manual labour, the Magistrate may, if there is a special home, instead of sentencing him under Section 3, order him to be detained in such home for a period of not less than one year and more than three years. ### 10A. Powers of Magistrate to order indefinite detention of lepers.— (1) If the Magistrate finds that the person in respect of whom and enquiry is made under Section 7 is guilty of an offence under Section 3 and has attained the age of eighteen years and is satisfied on a certificate issued by a qualified medical officer, that such person is a leper, the Magistrate may instead of sentencing him under Section 3, order him to be detained indefinitely in a leper asylum appointed under Section 3 of the Lepers Act, 1898 (Central Act 3 of 1898) and notified to be a special home under clause (2) of Section 2 until he is released in the circumstances stated in sub-section (2). (2) The leper detained under sub-section (1) may be released on any one of, or more of the following grounds, namely:— (i) if a qualified medical officer certified that the person detained has been fully rehabilitated; (ii) if any person, whom the Magistrate considers suitable, execute a bond with or without sureties, as the Magistrate may require making himself responsible for the housing, medical treatment and maintenance of such person and for preventing him from begging or being used for the purpose of begging; (iii) on such other ground as may be prescribed. (3) The certificate referred to in sub-section (1) of clause (i) of sub-section (2) shall be in such form and shall be issued within such time as may be prescribed. ### 11. Magistrate's finding regarding age to be final.— Where a Magistrate has arrived at a finding regarding the age of a person dealt with by him under Section 8, 10 or 10-A such age shall, for the purposes thereof, be deemed to be his true age, and no order or judgement of the Magistrate shall be deemed to be invalid or be liable to be interfered with in appeal or revision on the ground that the age of such person was not correctly determined by the Magistrate. ### 12. Production of arrested person under eighteen before Juvenile Court and procedure and powers of such Court.— (1) If any person arrested by a Police-officer for an offence punishable under Section 3 has, in the opinion of such Police-officer, not attained the age of eighteen years, he shall be informed, as soon as may be, of the grounds for such arrest, and shall be produced before the nearest Magistrate within a period of twenty-four hours of such arrest excluding the time necessary for the journey from the place of arrest to the Court of the Magistrate; and no such person shall be detained in custody beyond the said period without the authority of a Magistrate. On such production the Magistrate shall without delay direct the person to be taken before a Juvenile Court established under sub-section (i) of Section 36 of the Tamil Nadu Children Act 1920 (Tamil Nadu Act 4 of 1920). The person shall then be dealt with under the provisions of that Act as modified by the provisions of this Section; Provided that if the Juvenile Court is satisfied on inquiry that such person has attained the age of eighteen years it shall record a finding to that effect, and thereupon it shall be open to the Police to proceed against such person under Section 3, or if there is a work-house or a special home, under Section 5; and in the latter case the medical officer referred to in Section 5 shall be required to certify only regarding the physical capacity of such person for ordinary manual labour and the finding of the Juvenile Court regarding the age of such person shall also be binding on the Magistrate before whom he may be produced. (2) If the Juvenile Court finds on inquiry that any person brought before it under sub-section (1) has not attained the age of fourteen years and is guilty of an offence under Section 3 and that he— (a) has no home or settled place of abode or visible means of subsistence, or has no parent or guardian, or has a parent or guardian who does not exercise proper guardianship, or (b) is destitute and both his parents or his surviving parent, or in the case of an illegitimate child, his mother, are or is undergoing detention in prison on conviction,or (c) is under the care of a parent or guardian who by reason of criminal or drunken habits is unfit to have such care. the court may pass such order in respect of the offender as it could have passed if he had been brought before it under sub-section (1) of Section 29 of the Tamil Nadu Children Act 1920 (Tamil Nadu Act 4 of 1920); Provided that if the Juvenile Court is satisfied that it is inexpedient to send the offender to an approved school by reason of his bodily ailment or incapacity or other cause, the Court may, if there is a special home and separate accommodation is provided in such home for persons who have not attained the age of fourteen years, order him to be detained in such home for a period of not less than one year and not more than three years. (3) If the Juvenile Court finds on inquiry that a person produced before it under sub-section (1) has attained the age of fourteen years but has not attained the age of eighteen years and that he is guilty of an offence under Section 3, the Court may order him to be detained for a period of not less than one year and not more than three years— (a) in case it finds that he is physically capable of ordinary manual labour in a workhouse, if there is one, and (b) in case it finds that he is not physically capable of ordinary manual labour, in a special home, if there is one. ### 12A. Power of Juvenile Court to order indefinite detention of Juvenile lepers.— Notwithstanding anything contained in Section 12, if the Juvenile Court finds on inquiry that any person brought before it under sub-section (1) of that Section has not attained the age of eighteen years and is satisfied on a certificate issued by a qualified medical officer that such person is a leper, the Juvenile Court may, instead of dealing with him under sub-section (1), (2) or (3), as the case may be, of that Section order him to be detained indefinitely in a leper asylum appointed under Section 3 of the Lepers Act, 1898 (Central Act 3 of 1898) and notified to be a special home under clause (2) of Section 2, until he is released in the circumstances stated in sub-section (2) of Section 10-A. ### 13. Penalty for begging after detention as beggar.— (1) Notwithstanding anything contained in this Act, whoever having been previously detained in a work-house or a special home under this Act is found begging shall on conviction by a Magistrate, be punished as hereinafter in this Section provided. (2) When a person is convicted for the first time under sub-section (1), the Magistrate shall order him to be detained in a work-house or a special home, as the case may be, for not less than three years and not more than seven years and may convert any period of such detention not exceeding one year into a sentence of imprisonment extending to a like period. (3) When a person is convicted for the second or subsequent time under sub-section (1) the Magistrate shall order him to be detained in a work-house or a special home, as the case may be, for not less than three years and not more than ten years and may convert any period of such detention not exceeding two years into a sentence of imprisonment extending to a like period. ### 14. Contribution by parents.— (1) The Magistrate who makes an order for the detention of any person in a work-house or a special home under this Act may make an order requiring the parent or other person liable to maintain the person detained to contribute to his maintenance, if able to do so, in the prescribed manner. (2) The Magistrate before making any order under sub-section (1) shall inquire into the circumstances of the parent or other person liable to maintain the person detained and shall record evidence if any, in the present of the parent or such other person, as the case may be. (3) Any order made under this Section may at any time be varied by the Magistrate on an application made to him by the party affected by the order. (4) Any order made under this Section may be enforced in the same manner as an order under Section 488 or the Code of Criminal Procedure, 1898 (Central Act 5 of 1898)58. ### 15. Magistrate may order detention of persons wholly dependent on beggar .— (1) When the Magistrate has ordered the detention of a person in a work-house or a special home under this Act, he may, after making such inquiry as he thinks fit, order any other person who is wholly dependent on such person to be detained in a work-house or a special home, as the case may be, for a like period: Provided that before such order is made, such dependent person shall be given an opportunity of showing cause why it should not be made. (2) Where the dependent person has not attained the age of fourteen years, the Magistrate shall forward him to a Juvenile Court which shall deal with him under the Tamil Nadu Children Act , 1920 (Tamil Nadu Act 4 of 1920), as if the said person had been brought before it under sub-section (1) of Section 29 of the said Act: Provided that where the dependent person is the beggar’s own child below the age of five years and the beggar is an able-bodied mother not being a contagious leper or a lunatic, the child may be ordered to be detained in a work-house without being separated from the mother as regards the place of detention, until it attains the age of five years and thereafter dealt with as provided in this sub-section. (3) For the purpose of this Section, the Magistrate may, if necessary, cause the dependent person to be arrested and brought before himself and examined by a Medical Officer. The person so arrested shall be produced before the nearest Magistrate within a period of twenty-four hours of such arrest excluding the time necessary for the journey from the place of arrest to the Court of the Magistrate and no such person shall be detained in custody beyond the said period without the authority of a Magistrate. ### 16. Power to order further detention of physically incapable beggars.— (1) When any person who is detained in a special home under this Act is, whether on an application made by him to otherwise considered by the State Government to be blind, cripple or otherwise physically incapable of doing any work, the State Government may order that he shall, after the expiry of the period of this detention, be further detained indefinitely in a special home: Provided that the State Government may release any such person if any person whom the State Government consider suitable, executes a bond, with or without sureties as the State Government may require making himself responsible for the housing and maintenance of such person and for preventing him from begging or being used for the purpose of begging. (2) The powers conferred on the State Government by sub-section (1) may also be exercised by such authority as may be prescribed. A copy of every order passed by the prescribed authority under this sub-section shall be communicated forthwith to the State Government with such particulars relating to the person concerned as may be prescribed. ### 17. Penalty for employing or causing persons to beg or using them for purposes of begging.— (1) Whoever employs or causes any person to solicit or receive alms, or (2) Whoever having the custody, charge or care of a person who has not attained the age of fourteen years connives at or encourages the employment or the causing of such person to solicit or receive alms, or (3) whoever uses another person as an exhibit for the purpose of begging, shall, on conviction, be punishable with imprisonment for a term which may extend to one year and thereafter with detention in a workhouse or special home, as the case may be, for a period of not less than one year and not more than three years or with imprisonment for a term which may extend to two years. ### 18. Transfer from one workhouse or special home to another.— (1) The State Government may, subject to such conditions as may be prescribed, direct any person detained in a work-house or special home to be transferred therefrom to another work-house or special home, as the case may be; Provided that the total period of detention of such person shall not be increased by such transfer. (2) The powers conferred on the State Government by sub-section (1) may also be exercised by such authority as may be prescribed. A copy of every order passed by the prescribed authority under this sub-section shall be communicated forthwith to the State Government with such particulars relating to the person transferred as may be prescribed. (3) In directing such transfers, the State Government or the prescribed authority shall have regard to the medical report, and the directions, if any, made by the Magistrate or Juvenile Court, under Section 23. ### 19. Parole.— (1) Subject to such conditions as may be prescribed, the Commissioner of Police in the City of Chennai and the Superintendent of Police elsewhere may, at any time, grant permission to a person detained in a work-house or a special home to absent himself for such period as may be specified. (2) The period during which such person is absent from a work-house or a special home during the continuance of a permission granted to him under this Section shall, for the purpose of computing his term of detention in a work-house or a special home, be deemed to be part of his detention. ### 20. Conditional release.— (1) Subject to such conditions as may be specified, the State Government may, of their own motion or on application, at any time, release a person detained in a work-house or a special home. (2) Any order of release issued under sub-section (1) shall be in force until the expiry of the term for which the person was ordered to be detained in a work-house or a special home, as the case may be, unless sooner revoked. (3) The State Government may, at any time, revoke the order of release issued under sub-section (1) for any violation of the conditions subject to which the order was issued and thereupon the person released shall be detained in a work-house or a special home, as the case may be, until the expiry of the period for which he had been ordered to be detained. ### 20A. Powers to remit period of detention.— (1) When any person has been detained in a work home or a special home, the State Government may, at any time remit any part of the period of detention ordered under any of the provisions of this Act. (b) The State Government may make Rules providing for the conditions and restrictions subject to which remission under sub-section (1) may be granted. ### 21. Unconditional release.— At any time after the expiration of three months from the commencement of the release of any person under sub-section (1) of Section 20, the Commissioner of Police in the City of Chennai and the Superintendent of Police elsewhere, may, if he is satisfied from the circumstances of the case that such person is not likely to beg again, recommend to the State Government may thereupon, release such person unconditionally and on such release the term for which such person had been ordered to be detained in a work-house or a special home shall be deemed to have expired. ### 22. Procedure on sentence of imprisonment.— When any person ordered to be detained in a work-house or a special home, as the case may be, is also sentenced to imprisonment, the Magistrate passing the sentence of imprisonment shall forthwith forward such person to a jail in which he is to be confined together with the warrant and a copy of the order of detention. After the sentence of imprisonment is fully executed, the officer executing it shall, if detention in a work-house or a special home for any period remains to be undergone by such person, forward him forthwith together with the copy of the order of detention to the work-house or the special home, as the case may be. ### 23. Medical examination and detention of lepers and lunatics.— (1) After a person is received in a special home under the orders of a Magistrate or the Juvenile Court under this Act, the officer in charge of the special home shall cause him to be examined, as soon as may be, by such Medical Officer as the State Government may, by general or special order, direct. (2) The Medical Officer shall make his report to the officer in charge of the special home stating inter alia — (a) whether the person is a leper suffering from contagious leprosy or not; (b) from what, if any, communicable disease other than leprosy the person is suffering; (c) whether the person is an idiot or of unsound mind; (c) any other particulars which may be prescribed. (3) Where the medical report states that the beggar is a contagious leper or a lunatic, the officer in charge of the special home, shall forthwith forward the report to the Magistrate who or the Juvenile Court which, passed the order of detention. The Magistrate or the Juvenile Court shall thereupon examine the Medical Officer as a witness and shall reduce the examination to writing. If, after the examination and upon such further inquiry, if any, as he or it thinks fit, the Magistrate or the Juvenile Court is of opinion that the beggar is a contagious leper or a lunatic, he or it shall record a finding to that effect and shall direct that the detention already ordered shall be under gone by the beggar — (i) if a contagious leper, in a leper asylum appointed under Section 3 of the Lepers Act, 1898 (Central Act 3 of 1898) and notified to be a special home under clause (2) of Section 2; (ii) if a lunatic, in an asylum established or licensed under Section 84 of the Indian Lunacy Act , 1912 (Central Act 4 of 1912) and notified to be a special home under clause (2) of Section 2. (4) Notwithstanding anything in the Lepers Act, 1898 (Central Act 3 of 1898) or the Indian Lunacy Act , 1912 (Central Act 4 of 1912), if any leper asylum appointed under Section 3 of the Lepers Act, 1898 (Central Act 3 of 1898) or any asylum established or licensed under Section 84 of the Indian Lunacy Act , 1912 (Central Act 4 of 1912) is notified to be a special home under clause (2) of Section 2, the Superintendent of such leper asylum or the person in charge of such lunatic asylum, as the case may be, shall also have authority to detain persons sent thereto in accordance with a direction of the Magistrate of the Juvenile Court under Section 10-A or Section 12-A or under this Section, as the case may be. ### 24. Seizure and disposal of animal used for the purpose of begging.— (1) Any Police Officer effecting the arrest of a person who was found begging may seize any animal used for the purpose of begging and detain in pending production before the Magistrate or the Juvenile Court. (2) Pending conclusion of the trial, the Magistrate or the Juvenile Court may make such order as he or it thinks fit for the proper custody of the animal produced under sub-section (1). (3) The Magistrate or the Juvenile Court may, when the trial is concluded, order that the animal be destroyed or confiscated to the State Government or delivered to the person claiming to be entitled to the possession thereof. ### 25. Persons to be deemed public servants.— All persons empowered to perform functions under this Act shall be deemed to be public servants within the meaning of the Indian Penal Code (Central Act 45 of 1860). ### 26. Central Act 5 of 1898 to apply to bonds taken under the Act.— The provisions of Chapter 42 of the Code of Criminal Procedure, 18982 (Central Act 5 of 1898) shall, so far as may be, apply to bonds taken under this Act. ### 27. Appeals.— For the purposes of appeal and revision under the Code of Criminal Procedure, 18983 (Central Act 5 of 1898) an order of detention under this Act shall be deemed to be a sentence of imprisonment for the same period. ### 28. Power to make Rules.— (1) The State Government may make Rules for carrying out all or any of the purposes of this Act. (2) In particulars and without prejudice to the generality of the foregoing power, such Rules may provide for or regulate— (a) all matters expressly required or allowed by this Act to be prescribed; (b) the management of work-houses and special homes, the detention of persons ordered to be detained in such work-houses and special homes and the maintenance, care, treatment and instruction of such persons, including all matters relating to their diet and accommodation as well as their labour and general conduct; (c) the discharge of persons from such work-houses and special homes; (d) the obtaining of suitable employment outside such work-houses and special homes for persons detained therein; (e) the nature, incidents and maximum periods of the punishments to be imposed on persons detained in work-houses and special homes for breach of any Rules or for failure or neglect to accept any suitable employment outside such work-houses and special homes which may be obtained for them; and (f) the manner of medical examination of beggars. (3) All Rules made under this Act shall be published in the Fort St. George Gazette and unless they expressed to come into force on a particulars day, shall come into force on the day on which they are so published. (4) Every Rule made under this Act shall, as soon as possible, after it is made, be placed on the table of both Houses of the Legislature, and if, before the expiry of the session in which it is so placed or the next session, both Houses agree in making any modification in any such Rule or both Houses agree that the Rule should not be made, the Rule shall there-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. ### 29. Repeal.— On the date of coming into force of this Act in the City of Chennai, Sections 71-A to 71-L of the Chennai City Police Act, 1888 (Tamil Nadu Act 3 of 1888) shall stand repealed.

65ba7535ab84c7eca86eb71f

acts

Union of India - Act ---------------------- Convention between the Government of the Republic of India and the Government of Republic of Finland for the avoidance of double taxation with respect to taxes on income and on capital ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ UNION OF INDIA India Convention between the Government of the Republic of India and the Government of Republic of Finland for the avoidance of double taxation with respect to taxes on income and on capital ========================================================================================================================================================================================== Rule CONVENTION-BETWEEN-THE-GOVERNMENT-OF-THE-REPUBLIC-OF-INDIA-AND-THE-GOVERNMENT-OF-REPUBLIC-OF-FINLAND-FOR-THE-AVOIDANCE-OF-DOUBLE-TAXATION-WITH-RESPECT-TO-TAXES-ON-INCOME-AND-ON-CAPITAL of 1998 ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- * Published on 13 August 1998 * Commenced on 13 August 1998 Convention between the Government of the Republic of India and the Government of Republic of Finland for the avoidance of double taxation with respect to taxes on income and on capital Published vide Notification No. G.S.R. 495(E) , dated 13th August, 1998 Ministry of Finance (Departmental of Revenue) Central Board of Direct Taxes (Foreign Tax Division) G.S.R. 495(E) . - Whereas the Convention between the Government of the Republic of India and the Government of Republic of Finland for the avoidance of double taxation with respect to taxes on income and on capital came into force on the notification by the Contracting States to each other of the compliance of the constitutional requirements, as required by Paragraph 1 of Article 29 of the said Convention; And whereas the Central government, in exercise of the powers conferred by section 90 of the Income-tax Act, 1961 ( 43 of 1961 ), section 24A of the Companies (Profits) Surtax Act, 1964 (7 of 1964), and section 44A of the Wealth Tax Act, 1957 ( 27 of 1957 ), directed, by Notification of the Government of India in the Ministry of Finance (Department of Revenue) (Foreign Tax Division) number G.S.R. 786(E) dated the 20th November 1984, that all the provisions of the Convention annexed to the said Notification shall be given effect to in the Union of India; And whereas the Government of Republic of Finland and the Government of Republic of India desired to amend the said Convention between the Contracting States; And whereas the annexed Protocol to amend the aforesaid Convention between the Government of the Republic of India and the Government of the Republic of Finland for the avoidance of double taxation with respect to taxes on income and on capital has come into force on 10th January, 1998, thirty days after date of later of notifications referred to in and as required by Article VII of the said Protocol. Now, therefore, in exercise of the powers conferred by section 90 of the Income-tax Act, 1961 ( 43 of 1961 ) and section 44A of the Wealth Tax Act, 1957 ( 27 of 1957 ), the Central Government hereby directs that all the provisions of the said Protocol shall be given effect to in the Union of India and the aforesaid Convention shall stand amended to the extent mentioned in the annexed Protocol. Annexure Protocol to amend the convention between the Republic of India and the Republic of Finland for the Avoidance of Double Taxation with respect to Taxes on Income and on Capital. The Government of the Republic of India and the Government of the Republic of Finland, Desiring to conclude a Protocol to amend the Convention between the Contracting Parties for the avoidance of double taxation with respect to taxes on income and on capital, signed at Helsinki on 10 June, 1983. Have agreed as follows : Article I Paragraph 1 of Article 2 of the Convention shall be deleted and replaced by the following : "1. The taxes which are the subject of the present Convention are: (a) in Finland: (i) the state income taxes; (ii) the corporate income-tax; (iii) the communal tax; (iv) the church tax; (v) the tax withheld at source from interest; (vi) the tax withheld at source from nonresidents' income; and (vii) the state capital tax; (hereinafter referred to as "Finnish tax") (b) In India : (i) the income-tax including any surcharge thereon; and (ii) the wealth-tax; (hereinafter referred to as "Indian tax")." Article II Sub-paragraph (f) of paragraph 1 of Article 3 of the Convention shall be deleted and replaced by the following, and the following new sub-paragraphs (g) and (h) shall be inserted after sub-paragraph (f): "(f) the term "competent authority" means: (i) in Finland, the Ministry of Finance, its authorised representative or the authority which, by the Ministry of Finance, is designated as competent authority, (ii) in India, the Central Government in the Ministry of Finance (Department of Revenue), or their authorised representative; (g) the term "fiscal year" means: (i) in Finland, the "tax year" as defined in the taxation laws of Finland relating to income tax ; (ii) in India, the "previous year" as defined in Section 3 of the Income-tax Act, 1961; (h) the term "tax" means Finnish tax or Indian tax, as the context requires, but shall not include any amount which is payable in respect of any default or omission in relation to the taxes to which the Convention applies or which represents a penalty or interest imposed relating to those taxes." Article III Paragraphs 1, 2 and 3 of Article 11 of the Convention shall be deleted and replaced by the following: "1. Dividends paid by a company which is a resident of a Contracting State to a resident of the other Contracting State may be taxed in that other State. Such dividends may also be taxed in the Contracting State of which the company paying the dividends is a resident and according to the laws of that State but the tax so charged shall not exceed 15 per cent of the gross amount of the dividends. ### 2. However, as long as an individual resident in Finland is entitled to a tax credit in respect of dividends paid by a company resident in Finland, the following provisions of this paragraph shall apply in Finland instead of the provisions of paragraph 1: Dividends paid by a company which is a resident of Finland to a resident of India shall be exempt from Finnish tax on dividends. ### 3. The provisions of paragraphs 1 and 2 shall not affect the taxation of the company in respect of the profits out of which the dividends are paid." Article IV Paragraph 1, 2, 3 and 4 of Article 12 of the Convention shall be deleted and replaced by the following, and the existing paragraphs 5 and 6 shall be renumbered as paragraphs 6 and 7, respectively: "1. Interest arising in a Contracting State and paid to a resident of the other Contracting Slate may be taxed in that other State. ### 2. However, such interest may also be taxed in the Contracting State in which it arises and according to the laws of that State, but the tax so charged shall not exceed 10 per cent of the gross amount of the interest. ### 3. Notwithstanding the provisions of paragraphs 1 and 2, (a) Interest arising in India shall be exempt from Indian tax if the interest is paid to (i) the Bank of Finland; and (ii) the Finnish Fund for Industrial Cooperation Ltd. (FINNFUND) or any other similar institution, as may be agreed upon from time to time between the competent authorities of the Contracting States; (b) interest arising in Finland shall be exempt from Finnish tax if the interest is paid to (i) the Reserve Bank of India; (ii) National Housing Bank; (iii) Small Industries Development Bank of India (SIDBI); and (iv) EXIM Bank; (c) interest arising in a Contracting State on a loan guaranteed by any of the bodies mentioned or referred to in sub-paragraphs (a) or (b) and paid to a resident of the other Contracting State shall be exempt from tax in the first-mentioned State. ### 4. The term "interest" as used in this Article means income from debt-claims of every kind, whether or not secured by mortgage and whether or not carrying a right to participate in the debtor's profits, and in particular, income from government securities and income from bonds or debentures, including premiums and prizes attaching to such securities, bonds and debentures. Penalty charges for late payment shall not be regarded as interest for the purpose of this Article. ### 5. The provisions of paragraphs 1 and 2 shall not apply if the recipient of the interest, being a resident of a Contracting State, carries on business in the other Contracting State in which the interest arises, through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, and the debt-claim in respect of which the interest is paid is effectively connected with such permanent establishment or fixed base. In such case the provisions of Article 7 or Article 15, as the case may be, shall apply." Article V Paragraphs 2, 3 and 4 of Article 13 of the Convention shall be deleted and replaced by the following and the existing paragraphs 5, 6 and 7 shall be renumbered as paragraphs 6, 7 and 8, respectively : "2. However, such royalties and fees for technical services may also be taxed in the Contracting State in which they arise and according to the laws of that State, but the tax so charged shall not exceed : (a) in the case of royalties within sub-paragraph (a) of paragraph 3, and fees for technical services within sub-paragraphs (a) and (c) of paragraph 4; (i) during the years 1997 to 2001 : (aa) 15 per cent of the gross amount of such royalties or fees for technical services when the payer of the royalties or fees for technical services is the Government of the first-mentioned Contracting State or a political sub-division of that State, and (bb) 20 per cent of the gross amount of such royalties or fees for technical services in all other cases; and (ii) during subsequent years 15 per cent of the gross amount of such royalties or fees for technical services; and (b) in the case of royalties within sub-paragraph (b) of paragraph 3 and fees for technical services defined in sub-paragraph (b) of paragraph 4, 10 per cent of the gross amount of such royalties and fees for technical services. ### 3. For the purposes of this Article, the term "royalties" means (a) payments of any kind received as a consideration for the use of, or the right to use, any copyright of a literary, artistic or scientific work, including cinematograph films or work on film, tape, or otherwise means of reproduction for use in connection with radio or television broadcasting any patent, trade mark, design or model, plan, secret formula or process, or for information concerning industrial, commercial or scientific experience; and (b) payments of any kind received as a consideration for the use of, or the right to use, any industrial, commercial or scientific equipment, other than income derived by an enterprise of a Contracting State from the operation of ships or aircraft in international traffic. ### 4. For the purposes of paragraph 2, and subject to paragraph 5, the term "fees for technical services" means payments of any kind to any person in consideration for the rendering of any technical or consultancy services (including the provision of services of technical or other personnel) which; (a) are ancillary and subsidiary to the application or enjoyment of the right, property or information for which a payment described in sub-paragraph (a) of paragraph 3 is received; or (b) are ancillary and subsidiary to the enjoyment of the property for which a payment described in sub-paragraph (b) of paragraph 3 is received; or (c) make available technical knowledge, experience, skill, know-how or processes, or consist of the development and transfer of a technical plan or technical design. ### 5. The definitions of fees for technical services in paragraph 4 shall not include amounts paid : (a) for services that are ancillary and subsidiary, as well as inextricably and essentially linked, to the sale of property, other than property described in sub-paragraph (a) of paragraph 3 ; (b) for services that are ancillary and subsidiary to the rental of ships, aircraft, containers or other equipment used in connection with the operation of ships, or aircraft in international traffic; (c) for teaching in or by educational institutions; (d) for services for the private use of the individual or individuals making the payment; or (e) to an employee of the person making the payments or to any individual or partnership for professional services as defined in Article 15". Article VI ### 1. Sub-paragraph (b) of paragraph 1 of Article 24 the Convention shall be deleted and replaced by the following: "(b) Dividends paid by a company being a resident of India to a company which is a resident of Finland and which controls directly at least 10 per cent of the voting power in the company paying the dividends shall be exempt from Finnish tax." ### 2. Sub-paragraph (a) of paragraph 2 of the Article shall be deleted and replaced by the following: "(a) sections 10(4), 10(4A), 10(5B), 10(15)(iv) and 80-1A of the Income-tax Act, 1961 so far as they are in force or as modified only in minor respects so as not to affect their general character; or" Article VII ### 1. The Contracting Parties shall notify each other that the constitutional requirements for the entry into force of this Protocol have been complied with. ### 2. The Protocol shall enter into force thirty days after the date of the later of the notifications referred to in paragraph 1 and its provisions shall have effect: (a) in Finland: (i) in respect of taxes withheld at source, on income derived on or after 1 January in the calendar year next following the year in which the Protocol enters into force; (ii) in respect of other taxes on income, and tax on capital, for taxes chargeable for any fiscal year beginning on or after 1 January in the calendar year next following the year in which the Protocol enters into force; (b) in India, in respect of taxes for any fiscal year beginning on or after the 1 April of the calendar year next following the year in which the Protocol enters into force. In witness whereof the undersigned, duly authorised thereto, have signed this Protocol. Done in duplicate at New Delhi this ninth day of April 1997, in the Finnish, Hindi and English languages, all the texts being equally authentic, except that in the case of divergence of interpretation the English text shall prevail. | | | | --- | --- | | For the Government ofthe Republic of India | For the Government ofthe Republic of Finland |

65ba64b3ab84c7eca86eb228

acts

State of Tamilnadu- Act ------------------------- Submission of Budgets, Deposits, Accounts, Returns or Other Information Rules ------------------------------------------------------------------------------- TAMILNADU India Submission of Budgets, Deposits, Accounts, Returns or Other Information Rules =============================================================================== Act 1185 of 1960 ------------------ * Published on 26 September 1961 * Commenced on 26 September 1961 Submission of Budgets, Deposits, Accounts, Returns or Other Information Rules Published vide Notification No. G. O. Ms. No. 4065, Revenue, dated 26th September, 1961 S.R.O. No. 1185 of 1960 Published in Part V of the Fort St. George Gazette, dated 26th September 1961. G. O. Ms. No. 4065, Revenue, dated 26th September, 1961 S.R.O. No. 1185 of 1960. - In exercise of the powers conferred by clause (vii) of sub-section (2) of section 116 read with section 32 and sub-sections (1) and (3) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 (Tamil Nadu Act 22 of1959), the Governor of Tamil Nadu hereby makes the following rules, namely:- ### 1. Short title. - These rules may be called the Submission of Budgets, Deposits, Accounts, Returns or other Information Rules. ### 2. Explanatory memorandum to accompany budget. - Every budget, revised budget or supplemental budget submitted under section 86 shall be accompanied by an explanatory memorandum with reference to each major item of estimated receipt and charge and it shall be in the form shown in Appendix I to these rules in the case of institutions getting an annual income of more than Rs. 5,000 and in the form shown in Appendix II to these rules in the case of institutions getting an annual income of Rs. 5,000 and less. The budget, revised budget or supplemental budget shall also be accompanied by the statements specified below:- (a) Statement of assets (Other than refundable deposits) as on 1st March- (1) Cash on hand. (2) Cash in current and savings account. (3) Value of grains and stores. (4) Investments in fixed deposits, National Savings Certificates, Government bonds and shares with details as to each item. (5) Arrears under inams and leases of lands, building sites and other rights and decrees. (6) Advances recoverable other than Law Charges. (7) Advances recoverable (Law Charges) (8) Loans to be recovered (with information as to date of sanction and terms of repayment of each item). (b) Statement of liabilities as on 1st March- (1) Loans (with information as to date on which taken and terms of repayment). (2) Taxes, licence fees, contribution to local bodies and contribution and costs and expenses under sections 92 and 93. (3) Value of provisions, etc., to be paid for. (4) Salaries and allowances. (5) Other items. (c) Statement as on 1st March of refundable deposits made by lessees, contractors, employees, etc., with information as to how each amount is invested or held. (d) Dhittam as in force for daily pooja and festivals. (e) Schedule of establishment including ulthurai with information as to pay drawn, the pay that will be drawn at the beginning of the fasli and the increments that may fall due during the fasli to which the budget relates. (f) Schedule of establishment as sanctioned or in vogue and a copy of the order of sanction. (g) A copy of sanctioned programme of work under section 116(2)(xxii) and a copy of the order of sanction. (h) Detailed estimates for major repairs and constructions costing Rs. 500 and more and copies of orders of sanction, if any, by the competent authority: Provided that in the case of institutions getting an annual income of less than Rs. 5,000, statements (f) to (h) need not be sent. ### 3. Statement to be submitted by the trustee regarding value of tools, etc. - The trustees of every religious institution shall, before the end of August in each year, submit as on the last day of June of the year, a statement giving the following information:- (1) Value of tools and plants less depreciation. (2) Value of lands and buildings belonging to the institution. (3) Value of stamps on hand including postage. (4) Demand, collection and balance statement for the fasli in respect of lands, buildings, site and their immovable properties and rights and decrees. (5) Statement of alterations, omissions or additions as required under section 30. ### 4. Demand, collection and balance statement to be submitted by the trustee. - The trustee of every religious institution shall, before the end of January in each year, submit a demand, collection and balance statement for the half-year ending with 31st December in respect of lands, sites, buildings and other immovable properties and rights and decrees. ### 5. Abstract of receipt and expenditure to be submitted by the trustee. - The trustee of every religious institution shall submit within 15 days after the close of each quarter, an abstract of the receipt and disbursement .of the quarter under each of the budget heads. In the case of institution subject to concurrent audit, the trustee of the institution shall make available each month's accounts to the auditor before the 20th of the succeeding month. ### 6. [ Statements, etc. to be submitted. [Rules 6 to 9 were substituted by G. O. Ms. No. 275, C. T. & R. E., dated the 16th July 1997.] - The statements, returns and reports mentioned in Rules 2 to 5 shall be submitted in the following manner:- | | | | | --- | --- | --- | | (a) | In the case of institutions whose annual assessable income exceeds Rs.10 lakhs. | To the Commissioner; | | (b) | In the case of institutions whose annual assessable income exceeds Rs. 2 lakhs, but does not exceed Rs.10 lakhs. | To the Commissioner; | | (c) | In the case of institutions whose annual assessable income exceeds Rs. 10,000, but does not exceed Rs. 2 lakhs. | To the Joint Commissioner or the Deputy Commissioner, as the case may be having Jurisdiction; | | (d) | In the case of institutions not included in the list published under section 46 and is not notified and deemed to have been notified under Chapter VI of the Act(non-listed) | To the Assistant Commissioner having jurisdiction.] | ### 7. Listed institutions to send administration reports. - In respect of every religious institution included in the list published under section 46, an administration report for every fasli shall be sent to the Commissioner within three months of the completion of the fasli year. ### 8. In respect of every religious institution the annual income of which is not less than Rs. 2,000, a copy of the budget as approved by the Commissioner, Joint Commissioner, the Deputy Commissioner or Assistant Commissioner, as the case may be, shall be sent to the auditor concerned. ### 9. Notice to be given to the trustees before making alterations, omissions or additions in the budget. - The Assistant Commissioner, the Deputy Commissioner, the Joint Commissioner or the Commissioner, as the case may be, shall issue notice in the first instance when in their opinion the budget requires alterations, omissions or additions, and such notice shall be given to the executive authorities of religious institutions by registered post with acknowledgement due or served by delivery in person to show-cause why such alterations, omissions or additions shall not be made. After obtaining the representation, if any, the budget shall be approved with or without modifications and to make such alterations, omissions or additions in the budget as deemed fit in accordance with sub-section (3) of section 86 of the Act. ### 10. Contents of the notice. - Such notice shall state in what respect the budget is defective, which of the provisions therein is either excessive, inadequate or incorrect or inadmissible and whether any provision is necessary for any purpose. ### 11. Time-limit for making representations. - The notice shall specify a reasonable time within which the trustee should submit his representations and, if any representations are received, [a date for an inquiry into those representations may be fixed in the discretion of the Assistant Commissioner, Deputy Commissioner, Joint Commissioner or the Commissioner, as the case may be] [Substituted by G. O. Ms. No. 275, C. T. & R. E., dated the 16th July 1997.] . ### 12. Publication of notice. - The notice shall be published by affixture of a copy on the notice board or on a conspicuous part of the premises of the math or temple, to which the specific endowment is attached and where the specific endowment is attached to more than one math or temple, by affixture on the notice board of the village chavadi and if there is no village chavadi in some other public places in the village wherein the property of the specific endowment is situate. ### 13. Affixture of notice, if the addressee is not available or refuses to receive notice. - If the Commissioner, [the Joint Commissioner, the Deputy Commissioner or the Assistant Commissioner, as the case may be] [Substituted by G. O. Ms. No. 275, C. T. & R. E dated the 16th July 1997.] , is satisfied that the person to whom a notice is sent willfully absents himself from his residence or refuses to receive the notice, he may order that the notice shall be affixed on the front door or other conspicuous place in his usual place of residence. If the person has changed his residence, the notice shall be sent to the changed address, if it is known, or a copy of the notice shall be affixed on the front door or other conspicuous place of the last known residence. On such affixture he may declare that there has been sufficient service. ### 14. [Omitted, by G. O. Ms. No. 1361, Revenue, dated 5th April 1963.] Appendix I [See Rule 2 issued under section 116(2) (vii) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, (Tamil Nadu Act, 22 of 1959)] Statement A-Receipts Statement showing the probable receipts for fasli 13 (From 1st July to 30th June 20..............) | | | | | | --- | --- | --- | --- | | | Actuals-Faslis | Revised Estimate for fasli 13 | | | 13 | 13 | 13 | | | | | | | | | | | | | | Average for a fasli [Cols.(1) to (3)] | Budget estimate for the previous fasli | Actuals, July 19 to Feb.19 | Probable receipts, March 19 to June 19 | Total | Heads of Receipts | Budget estimates fasli 13 | Re marks | Amount sanctioned by the competent authority | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | | | | | | | | | | | Opening Balance--- | | | | | | | | | | | (i) Cash. | | | | | | | | | | | (ii) Current and Savings Bank Accounts\_\_\_\_\_\_\_\_\_\_\_\_ | | | | | | | | | | | (iii) Value of grains, quantity, rate, etc. | | | | | | | | | | | A.RECEIPTS-ORDINARY | | | | | | | | | | | 1. Lands- | | | | | | | | | | | (i) Income from leases (cash) ...\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ | | | | | | | | | | | (ii) Income from leases (kind). Quantity and rate (amount) .\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ | | | | | | | | | | | (iii) Income from Pannai cultivation, quantity (kind) and rate.\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ | | | | | | | | | | | (iii) \_\_\_\_\_\_\_\_\_\_\_Income from other items\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ | | | | | | | | | | | Total | | | | | | | | | | | 2. Buildings and sites- | | | | | | | | | | | (i) Rents from houses, shops etc. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ | | | | | | | | | | | (ii) Rents from vacant sites | | | | | | | | | | | Total | | | | | | | | | | | 3. Devotive offerings and Ubayams- | | | | | | | | | | | (i) Ubayams..... | | | | | | | | | | | (a) Cash.... | | | | | | | | | | | (b) Kind. | | | | | | | | | | | (ii) Hundi collections | | | | | | | | | | | Sale of uncurrent coins | | | | | | | | | | | Sale price of ubayams in kind... \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ | | | | | | | | | | | (iii) Fees for the procession of deities and the like.\_\_\_\_\_ | | | | | | | | | | | (iv) Contributions made on ceremonial occasions, such as marriages, upanayanams, etc.\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ | | | | | | | | | | | (v) Income from fees for abishekam, archanais, etc., deducting payment to service-holders.\_\_\_\_\_\_\_\_\_\_\_\_\_ | | | | | | | | | | | (vi) Other items | | | | | | | | | | | Total | | | | | | | | | | | 4. Grants- | | | | | | | | | | | (i) Tasdik. | | | | | | | | | | | (ii) Mohini | | | | | | | | | | | (iii) Compensation received from Government under Revenue Recovery Act, and Estates Abolition Act in the case of Inams Estates. | | | | | | | | | | | (iv) Other grants... | | | | | | | | | | | Total | | | | | | | | | | | 5. Income from investments | | | | | | | | | | | 6. Miscellaneous- | | | | | | | | | | | (i) Fines. | | | | | | | | | | | (ii) Sale of prasadams | | | | | | | | | | | (iii) Income from remunerative enterprises | | | | | | | | | | | (iv) Law charges-A. Cost received | | | | | | | | | | | (v) Lapsed deposits... | | | | | | | | | | | Total of 1 to 6 | | | | | | | | | | | B. Receipts-Capital | | | | | | | | | | | (i) Sale proceeds of immovable properties. | | | | | | | | | | | (ii) Sale proceeds of movable properties acquired for the use of institution.\_\_\_\_\_\_\_\_\_ | | | | | | | | | | | (iii) Donation for specific purposes in the Institution. | | | | | | | | | | | (iv) Investments realised. | | | | | | | | | | | (v) Loans recovered | | | | | | | | | | | (vi) Loans received | | | | | | | | | | | (vii) Compensation received from Government under Estates Abolition Act in respect of zamindary and under tenure estates. | | | | | | | | | | | (viii) Other items...... | | | | | | | | | | | C. Deposits And Advances | | | | | | | | | | | (a) Deposits received. | | | | | | | | | | | (i) Lease deposits | | | | | | | | | | | (ii) Security Deposits | | | | | | | | | | | (iii) Interest on lease and other deposits | | | | | | | | | | | (iv) Other deposits. | | | | | | | | | | | Total (a) (b) Advances recovered- | | | | | | | | | | | (i) Advances to lawyers...... | | | | | | | | | | | (ii) Other Advances...... | | | | | | | | | | | Total (b) | | | | | | | | | | | Total of (a) and (b) | | | | | | | | | | | Grand total including opening balance. | | | | | | | | | | | 6. Expenditure---Ordinary--- | | | | | | | | | | | (i) Pay of officers...... | | | | | | | | | | | (ii) Pay of other establishments... | | | | | | | | | | | (iii) Dearness Allowance... | | | | | | | | | | | (iv) Other compensatory allowances | | | | | | | | | | | (v) Leave salary of officers including Provident Fund contribution and pensionary contribution. | | | | | | | | | | | (vi) Leave salary of other establishments. | | | | | | | | | | | 7. Travelling Allowances- | | | | | | | | | | | (i) Travelling Allowances of officers. | | | | | | | | | | | (ii) Travelling Allowances of establishment | | | | | | | | | | | (iii) Travelling Allowances of trustees | | | | | | | | | | | Total of travelling allowances | | | | | | | | | | | 8. Other Charges:- | | | | | | | | | | | (i) Rents, rates, and taxes...... | | | | | | | | | | | (a) Office rent...... | | | | | | | | | | | (b) Revenue paid to Government | | | | | | | | | | | (c) Cesses, paid to District Boards, Panchayats or Municipalities or Corporation of Madras. | | | | | | | | | | | (d) Taxes, Licence fees paid to municipalities of Corporation of Madras, District Boards or Panchayats | | | | | | | | | | | (e) Contributions under Sec. 92(1) | | | | | | | | | | | (f) Audit fees under Sec. 22 (2) | | | | | | | | | | | Total, rents, rates, and taxes | | | | | | | | | | | (ii) Service postage...... | | | | | | | | | | | (iii) Electric charges...... | | | | | | | | | | | (iv) Telephone charges...... | | | | | | | | | | | (v) Printing...... | | | | | | | | | | | (vi) Stationer}'...... | | | | | | | | | | | (vii) Books and periodicals. | | | | | | | | | | | (viii) Law charges...... | | | | | | | | | | | (a) Court fees...... | | | | | | | | | | | (b) Lawyer's fees...... | | | | | | | | | | | (c) Out fees...... | | | | | | | | | | | (d) Others...... | | | | | | | | | | | Total law charges | | | | | | | | | | | (ix) Miscellaneous......... | | | | | | | | | | | Total other charges | | | | | | | | | | | 9. Puja expenses- | | | | | | | | | | | (i) Paddy, rice and other grains | | | | | | | | | | | (ii) Purchase of provisions - Other expenses (give details)---- | | | | | | | | | | | Total Puja Expenses | | | | | | | | | | | 10. Festivals- | | | | | | | | | | | (a) Paddy, rice and other grains. | | | | | | | | | | | (b) Purchase of provisions.. | | | | | | | | | | | (c) Other expenses (give details). | | | | | | | | | | | Total festivals expenses | | | | | | | | | | | 11. Ubayams - Expenses from out of collections towards ubayams. | | | | | | | | | | | (a) Maintenance of or repairs to irrigation works. | | | | | | | | | | | (b) Seed or seedlings...... | | | | | | | | | | | (c) Manure...... | | | | | | | | | | | (d) Maintenance of cattle for cultivation) | | | | | | | | | | | 12. Lands- | | | | | | | | | | | (i) Cultivation charges in respect of lands under direct cultivation. | | | | | | | | | | | (e) Purchase, maintenance and repair of agriculture implements. | | | | | | | | | | | (f) Wages for ploughing, watering, sowing, transplantation, harvesting, thrashing, and other agricultural operations. | | | | | | | | | | | (ii) Others | | | | | | | | | | | Total (Lands) : | | | | | | | | | | | 13. Buildings Sundry repairs Total (Buildings) : | | | | | | | | | | | 14. Paraphernalia- | | | | | | | | | | | (a) Repairs to vahanams | | | | | | | | | | | (b) Repairs to jewels... . | | | | | | | | | | | (c) Repairs to vessels... | | | | | | | | | | | (d) Repairs to furniture | | | | | | | | | | | (e) Maintenance of livestock... | | | | | | | | | | | (f) Remunerative enterprise. | | | | | | | | | | | (g) Other charges Total | | | | | | | | | | | 15. Education and Religious Lectures and Charities- | | | | | | | | | | | (a) Propagation of the religious tenets of the institution. | | | | | | | | | | | (b) Religious education. | | | | | | | | | | | (c) Training for Archakas and Adhyapakars, vedapauranikars and Othuvars. | | | | | | | | | | | (d) Charities and contributions to charities. | | | | | | | | | | | (e) Others.... | | | | | | | | | | | Total | | | | | | | | | | | 16. Public Health- | | | | | | | | | | | (a) Expenses for the health, safety or convenience of pilgrims, worshippers, etc. | | | | | | | | | | | (b) Contribution to local boards for sanitary arrangements. | | | | | | | | | | | Total | | | | | | | | | | | 17. Miscellaneous- | | | | | | | | | | | (a) Refund of lapsed deposits... | | | | | | | | | | | (b) Others... | | | | | | | | | | | B. Disbursements- Capital. | | | | | | | | | | | (a) Purchase of immovable properties and rights. | | | | | | | | | | | (b) Major maramath | | | | | | | | | | | (c) Construction of new buildings and substantial addition to old buildings. | | | | | | | | | | | (d) Utilisation of donations for specific purposes. | | | | | | | | | | | (e) Purchase and making of vessels, jewellery, vahanams, furniture, etc. | | | | | | | | | | | (f) Purchase of livestock | | | | | | | | | | | (g) Investments other than Reserve Fund. | | | | | | | | | | | (h) Investments of Reserve Fund. | | | | | | | | | | | (i) Loans to others... | | | | | | | | | | | (j) Loans repaid... | | | | | | | | | | | Total | | | | | | | | | | | C. Deposits And Advances. | | | | | | | | | | | (i) Advances--- | | | | | | | | | | | (a) Refund of lease deposits... | | | | | | | | | | | (b) Refund of security deposits | | | | | | | | | | | (c) Refund of miscellaneous advances | | | | | | | | | | | (d) Interest on lease, security, and other deposits refundable. | | | | | | | | | | | (e) Advances recoverable. | | | | | | | | | | | (f) Advances towards law charges. | | | | | | | | | | | (g) Other advances... | | | | | | | | | | | Total | | | | | | | | | | | (ii) Adjustments--- | | | | | | | | | | | (a) Lease deposits... | | | | | | | | | | | (b) Security deposits... | | | | | | | | | | | (c) Miscellaneous advances | | | | | | | | | | | (d) Advances to law charges... | | | | | | | | | | | (e) Interest on lease security and other deposits refundable. | | | | | | | | | | | Total | | | | | | | | | | | Total of A, B and G | | | | | | | | | | | Closing Balance--- | | | | | | | | | | | (a) Cash on hand | | | | | | | | | | | (b) Current Account | | | | | | | | | | | (c) Savings Bank Account | | | | | | | | | | | (d) Value of grains, quality and rate. | | | | | | | | | | | Total | | | | | | | | | | | Grand total including Closing Balance. | Appendix II [See Rule issued under section 16(2) (vii) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959] (Tamil Nadu Act, 22 of 1959) Form of Budget for Temple With Income of Rs. 5,000 and Less. Note. - Heads of account alone are noted here. Other column numbers remaining the same as those in main form. Heads of Receipts- Opening balance- (i) Cash (ii) Value of grains from leases... (iii) Value of paddy on hand ... A. Receipts-Ordinary- ### 1. Lands (i) Revenue froni leases (cash)... (ii) Value of grains from leases ... (iii) Value of grains from pannai cultivation (iv) Income from other items... ### 2. Buildings and site- (i) Rent from houses, shops, etc,.. (ii) Rent from vacant sites ... ### 3. Devotees offerings and ubayams- (i) Hundials (ii) Ubayams both cash and kind ... (iii) Income from fees for Mudi-Kanikkai, archanai, abishekam, etc., after deducting payment to service-holders. (iv) Kattalais and specific Endowments ### 4. Grants- (i) Tasdic and Mohini... (ii) Other grants ### 5. Income from Investments ### 6. Miscellaneous (Here include item if not noted above specifying details) Totals 1 to 6 B. Receipts-Capital (i) Sale proceeds of immovable properties (ii) Sale proceeds of movable properties for the use of the institution (iii) Loans recovered ... (iv) Loans received ... (v) Other items ... Total.................. C.(i) Deposits... (ii) Advances ... Total.............................. Grand total including opening balance Heads of Disbursements A. Expenditure-Ordinary (1) Pay, Dearness Allowance and other compensatory allowance of Executive Officer and servants (2) Travelling Allowance of Executive Officer and servants (3) Travelling Allowance of trustees (4) Other charges- (a) Postage, Printing, Stationery. (b) Office rent (c) Revenue paid to Government (d) Cesses and Taxes and licence fees to local authorities (e) Contribution under Sec.92(l) (f) Audit fees under Sec.92(l) (g) Law charges... (h) Other items ... (5) (i) (a) Pooja expenses (b) Value of paddy utilized .................. (ii) (a) Annual Festival ... (b) Value of paddy utilized .......... (6) (i) Ubayams... (ii) Kattalai and Specific Endowments (7) Lands-Charges on pannai cultivation including minor maramaths. (8) Buildings - Sundry repairs (9) Paraphernalia- (a) Repairs to vahanams, jewels, vessels, furniture, etc. (b) Maintenance of livestock (c) Others (10) Miscellaneous- (Here include item if not noted above with details) Total 1 to 10............................... B. Disbursement-Capital- (i) Purchase of immovable properties (ii) Construction of new buildings (iii) Purchase of movables such as vessels, jewels, livestock, etc. (iv) (a) Investments other than Reserve Fund (b) Investments of Reserve Fund (v) Loans to others (vi) Loans repaid Total C. (a) Deposits (b) Advances Total Totals of A, B and C Closing balance- (a) Cash (b) Current and Savings Bank Account (c) Value of paddy on hand Total Grand total including closing balance

65b97066ab84c7eca86e9179

acts

British India - Act --------------------- Indian Matrimonial Causes (War Marriages) Act, 1948 ----------------------------------------------------- BRITISH INDIA India Indian Matrimonial Causes (War Marriages) Act, 1948 ===================================================== Act 40 of 1948 ---------------- * Published in Gazette of India on 3 September 1948 * Not commenced An Act to confer upon Courts temporary jurisdiction in certain matrimonial causes. WHEREAS it is expedient to confer upon Courts 1[\*\*\*] temporary jurisdiction in certain matrimonial causes; It is hereby enacted as follows:- ### 1. Short title and extent (1) This Act may be called the Indian Matrimonial Causes (War Marriages) Act, 1948. (2) It extends to the whole of India , except 2[the territories which, immediately before the 1st November, 1956 , were comprised in Part B States]. ### 2. Definitions In this Act, unless there is anything repugnant in the subject or context,- (a) "High Court" shall have the same meaning as in the Indian Divorce Act, 1869; (b) "marriage" includes a purported marriage which was void ab initio , and "husband" and "wife" shall be construed accordingly; (c) "war period" means the period commencing on the 3rd day of September, 1939, and ending on the 31st day of March, 1946. ### 3. Application of Act The marriages to which this Act applies are marriages solemnized during the war period, where the husband was, at the time of the marriage, domiciled outside India , and the wife was, immediately before the marriage, domiciled in India : Provided that this Act shall not apply to any marriage if, since the solemnization thereof, the parties thereto have resided together in the country in which the husband was domiciled at the time of the residence. Explanation.- For the purposes of the above proviso the whole of the United States of America, the whole of the United Kingdom and the whole of any British possession 3[\*\*\*] shall each be treated as one country. ### 4. Temporary extension of jurisdiction of High Courts In the case of any marriage to which this Act applies, the High Court shall have jurisdiction in and in relation to any proceedings for divorce or for nullity of marriage as if both parties were at all material times domiciled in India; and subject to the provisions of this Act, the provisions of the Indian Divorce Act, 1869, shall apply, so far as may be, in relation to any such proceedings instituted under this Act as if they were proceedings instituted under that Act: Provided that this section shall not apply in relation to any proceedings for divorce or for nullity of marriage unless- (a) the petitioner or the respondent professes the Christian religion, and (b) the proceedings for divorce or for nullity of marriage are commenced not later than three years from the commencement of this Act. ### 5. Saving Nothing in this Act shall be deemed to extend or alter the jurisdiction of the High Court in, or in relation to, any proceedings for divorce or for nullity of marriage, where at the commencement of those proceedings the parties are domiciled anywhere in India. ### 6. Certain decrees and orders to be recognized The validity of any decree or order made in the United Kingdom by virtue of the Matrimonial Causes (War Marriages) Act, 1944 shall, by virtue of this Act, be recognized in all Courts in the States of India. ### 7. Power to make rules The High Court may make such rules as may be necessary for the purpose of carrying out the objects of this Act. Foot Notes ### 1. The words "in the Provinces of India" omitted by the Adaptation of Laws Order, 1950. ### 2. Substituted by the Adaptation of Laws (No.3) Order, 1956, for the words "Part B States". This Act has been extended to and brought into force in Dadra and Nagar Haveli by Regulation 6 of 1963 ( w.e.f . 1st. July, 1965). ### 3. The words "outside India" omitted by the Adaptation of Laws Order, 1950 .

65b9cdb1ab84c7eca86ea059

acts

State of Madhya Pradesh - Act ------------------------------- Denatured Spirit Rules Made Under Madhya Pradesh Excise Act, 1915 ------------------------------------------------------------------- MADHYA PRADESH India Denatured Spirit Rules Made Under Madhya Pradesh Excise Act, 1915 =================================================================== Rule DENATURED-SPIRIT-RULES-MADE-UNDER-MADHYA-PRADESH-EXCISE-ACT-1915 of 1915 ------------------------------------------------------------------------------- * Published on 3 April 1961 * Commenced on 3 April 1961 Denatured Spirit Rules Made Under Madhya Pradesh Excise Act, 1915 ### 1. Definitions. (1) "Denatured Spirit" or "Denatured Alcohol" means alcohol of a strength which has been rendered effectively unfit for human consumption by admixture of such denaturant as may be approved by the Excise Commissioner. (2) "Special denatured spirit" means spirit of any strength rendered effectively unfit for human consumption by the special process specified from time to time by the [Excise Commissioner] [Substituted by Notification No. 850-4428-V-SR-80, dated 18-3-1981.] . ### 2. Manufacture and Sale. - Denatured spirit may be manufactured and sold by holders of distillery licences subject to such conditions as the Excise Commissioner may from time to time specify. ### 3. Spirit manufactured and denatured in India shall be exempt from excise duty. ### 4. [ [Substituted by Notification No. 850-4428-V-SR-80, dated 18-3-1981.] (1) Licence for the wholesale vend of Denatured Spirit, exclusively in 500 M.L. Bottles, shall be granted by the Collector in Form D.S. I, on payment of fee for Rs. 1,000 per annum. (2) The wholesale licensee shall obtain supply of denatured spirit from any distillery licensed for the manufacture and sale of denatured spirit. (3) The wholesale licensee shall sell denatured spirit only to retail licensee having licence in Form D.S. 2 and also to the institutions and persons having special permits from the Collector in Form D.S. 3 in exclusively sealed bottles containing 500 milli litres of denatured spirit. (4) The selling rate per bottle of denatured spirit shall be fixed by the Collector, taking into consideration the incidence of expenditure in the import or transport of denatured spirit from the distillery to the vend, actual cost of bottles, sealing charges at the rate of twenty paise per bottle, local taxes, if any, and 10 per cent margin of profit.] ### 5. [ [Substituted by Notification No. 850-4428-V-SR-80, dated 18-3-1981.] (1) Licence for the retail sale of denatured spirit shall be granted by the Collector in Form D.S. 2 on payment of a fee of Rs. 200 per annum. (2) Such licence shall not be issued without the sanction of the Excise Commissioner, to any person, licensed to sell liquor for consumption on the premises in the same locality, sale under this licence of more than two bottles of 500 milli litres each to a person is prohibited. (3) The retail licensee shall obtain supply of denatured spirit from the wholesale licensee as may be specified in the licence. (4) The Collector shall fix the retail sale rate of denatured spirit, taking into consideration the incidence of expenditure on transport, local taxes, if any, payable by the retail licensee and 10 per cent margin of profit. The retail price per bottle including the cost of bottle will be fixed as multiple of 5 paise. This price shall be printed on the label affixed on the bottle.] ### 6. [ Licence for the possession of denatured spirit for bonafide Industries Scientific and lighting purposes. [Omitted by Notification No. 3421-3986-V-SR, dated 25-11-1969.] - On application to the Collector supported by evidence of their requirement persons requiring denatured spirit in excess of one bulk litre for bonafide industrial, scientific or lighting purposes may be granted a licence in form D.S. 3 for possession of such quantity of denatured spirit as may be specified in the licence. The quantity that a licensee may use during the period of of their licence may be fixed by the licensing authority. The fees payable for this licence shall be [Rs. 100/- per annum]. No licence fee shall be charged to Military Installations and Units belonging to Indian Armed Forces.] [Requirement of denatured spirit under this licence for bonafide, scientific and lighting purposes shall be obtained from the D.S. 1 licensee as may be specified in the licence, and for bonafide industrial purpose, the denatured spirit shall be obtained from such distillery making denatured spirit as may be specified in the licence.] [Inserted by Notification No. 850-4428-V-SR-80, dated 18-3-1981.] ### 7. Special licence of druggists and others. - A special licence in form D.S. 4 may be granted by the Collector to druggists, manufacturers and others who require special denatured spirit. The fee payable for this licence shall be [Rs. 200/- per annum.] [Substituted by Notification No. 639-4500-V-SR, dated 25-2-1969.] ### 7A. [ Possession of denatured spirit for the use in manufactory.] [Inserted by Notification No. 2521-1483-V-SR-69, dated 21-8-1969.] - The Collector or an Officer authorised by him in that behalf may issue of a licence in Form D.S. 4 for the possession of denatured spirit for use in the process manufacture of solid extracts and other basic drugs and aromatic chemicals which are not dutiable under the Medicinal and Toilet preparations (Excise Duties) Act, 1955 (16 of 1955), to any manufactory subject to the conditions mentioned below : (i) The manufacturer shall apply in writing for a licence to the Collector of the District in which the manufactory is located or proposed to be located. Every such application shall contain the following particulars, namely : (a) Name of the applicant and his address; (b) Name of the manufactory; if any; in which the denatured spirit is to be used and its location; (c) Quantity of denatured spirit required annually; (d) Names of preparations to be manufactured; (e) Whether the applicant sold a licence under the Drugs Act; for the manufacture of the preparations, and if so, kind, number and date of the licence. (ii) The Collector or any other officer duly authorised by him shall, after consulting the Director of Health Services, Madhya Pradesh or the Director of Industries, Madhya Pradesh as the case may be and on his being satisfied about the bonafides of the applicant shall issue a licence in Form D.S. 4 on payment of a fee of Rs. 10/- for the year or part of the year ending on the 31st March next following; (iii) The special denatured spirit to be obtained under the licence shall be imported or transported under a pass granted in Form D.S. 5 or D.S. 6 on payment of excise duty at such rates as may be fixed by the State Government, from time to time; (iv) The manufacturer shall deposit in the Government Treasury Rs. 1000/- as each security and shall also execute a bond for Rs. 1000/-in D.S. 4-A for the proper observance of the denatured Spirit Rules and conditions of the licence. ### 8. Imports and exports. (1) Denatured spirit may be imported from other States provided that there is sufficient guarantee that the spirit imported has been adequately denatured in the manufacturing State. All imports and exports of denatured spirit or special denatured spirit from and to any place outside the State shall be under a pass in Form D.S. 5 granted by the Collector the district or on officer authorised by him in that behalf. (2) Every application for a pass in Form D.S. 5 shall be accompanied by a treasury challan indicating that the applicant has credited in to a Government treasury situated in the district of import, a [ permit fee of Rs. 2.54 per bulk litre] [Substituted by Notification No. 1633-880-U-SR, dated 19-3-1966.] on the quantity of denatured spirit or special denatured spirit for which an import permit is required. No permit fee, however, shall be charged on imports of denatured spirit to Military Installations and Units belonging to the Indian Armed Forces. Permit fee shall also be not charged on imports of special denatured spirit required by a person for soap-making. [Provided that a permit fee of [Rupee 1.25] [Inserted by Notification No. 2521-1483-V-SR-69, dated 21-8-1969.] per bulk litre shall be charged on special denatured spirit imported for the manufacture of basic drugs and other aromatic chemicals not containing alcohol required by the industries.]. (3) [ An application for a pass in Form D.S. 5 for permission to export denatured spirit outside the State shall be accompanied by a treasury challan indicating that the applicant has credited into a Government treasury situated in the district from which export is to be made, permit fee at the rate of [3 paise per bulk litre] [Inserted by Notification No. 4783-3245-V-SR, dated 9-12-1964.] on the quantity of denatured spirit or special denatured spirit for which export permit is required.] ### 9. Transport. (1) A [permit fee of Rs. 2.54 paise per litre] [Inserted by Notification No. 2521-1483-V-SR-69, dated 21-8-1969.] shall be charged on the quantity of denatured spirit issued from a distillery or a bonded warehouse for sale or consumption in the State. [Provided that a permit fee of [Rupee 1.25] [Inserted by Notification No. 2521-1483-V-SR-69, dated 21-8-1969.] for bulk litre shall be charged on special denatured spirit issued from a distillery or a bonded warehouse for the manufacture of basic drugs and other aromatic chemicals not containing alcohol required by the industries.] (2) All transports of denatured spirit in excess of two quart bottles shall be covered by a pass in Form D.S. 6 granted by the [Collector or an officer authorised by him.] [Substituted by Notification No. 2149-174-V-SR, dated 28-4-1966.] ### 9A. [ Verification of consignment of Denatured Spirit. [Inserted by Notification No. 850-4428-V-SR-80, dated 18-3-1981.] - On arrival of the consignment of denatured spirit at the wholesale vend, consignment shall within twenty four hours be presented by the licensee to the Excise Officer authorised for verification by the District Excise Officer. Such officer shall compare the particular of the transit pass with the advice by him and if they are found to tally, he shall examine the consignment to see that the seals are intact and the consignment has not been tampered with during transit. He shall then admit the consignment into the wholesale vend, draw amples from each cask of drum forming the consignment and examine them to see that the particulars of the quantity and strength actually ascertained by him correspond with those given in the transit pass accompanying the consignment result of verification shall be recorded on the advice which will then be sent back to the issuing distillery, if any variation is found in quantity or strength of the denatured spirit or if it does not appear to be properly denatured, he shall make a report of this fact to the District Excise Officer and obtain his orders before allowing issues from the consignment. Any attempt on the part of the wholesale licensee to obtain denatured spirit fradulently in excess of the quota fixed for him or to show lictitious and abnormal wastages i.e. not less than 1% during transit shall make him liable to penalty under the Act and the licence shall also be liable to cancellation.] ### 10. Storage of stocks. - The holder of a licence under these rule shall store all his stock of denature spirit pertaining to his shop in the premises noted in the licence. ### 11. Inspection. - The shops at which the spirits are sold shall be open at all times during the day for inspection by an officer not below the rank of Sub-Inspector of Excise, or revenue officers not below the rank of a Tahsildar. Should any inspecting officer be of opinion that any spirit found by him is insufficiently denatured, he shall report the matter to the District Excise Officer and may, at the time to this inspection, remove the spirit in question or cause it to be sealed up. On receipt of such report the District Excise Officer may submit a sample to such officer as the Excise Commissioner may from time to time prescribe for analysis and report. If such officer reports that it is insufficiently denatured it shall at once be treated afresh of failing this, destroyed. Note. - The Central and the South Eastern Railway administrations have agreed that the station masters of the stations, at which denatured spirit is stocked shall- (1) keep correct accounts of daily transactions of denatured spirit in the prescribed form. (2) give reasonable facilities to the officers of the Excise Department not below the rank of Sub-Inspector to inspect the accounts, and (3) Submit by 10th January each year to the District Excise Officer of the district in which the station is situated an account of transactions of denatured spirit in the previous year. The State Government have decided that so long as the arrangements agreed to above are observed the requirement of taking out licences in Form D.S. 3 or permits in Form D.S. 5 will not be insisted on. ### 12. [ Power of State Government to call for record of any case and pass order. [Inserted by Notification No. 850-4428-V-SR-80, dated 18-3-1981.] - The State Government may, on the application of any person aggrieved by the order passed by the Excise Commissioner or the Collector, as the case may be, under these rules, call for and examine the record of any such case and after giving an opportunity to be heard to the applicant, pass such order, as it thinks fit. The order passed by the State Government shall be final.] Appendix I. Specification of light Caoutchucine ### 1. Nature. - By "caoutchoucine" is meant the liquid obtained by the dry distillation of vulcanised rubber. By 'light caoutchoucine' is meant the liquid obtained by re-distilling "caoutchoucine" and collecting that portion which passes over at or below about 200 C. ### 2. The specific gravity of light caoutchoucine. - The specific gravity of light caoutchoucine at 60 F should lie between .835 and .860 referred to water as 1.00. ### 3. Boiling test. - For the purpose of this test 100 c.c. of light caoutchoucine should be re-distilled in the pyridine testing flask (see below under pyridine bases). Under those conditions not more than 15 c.c. of distillate should pass over, at or below 100 C, whilst a total (including the foregoing) of at least 70 c.c. should pass over at or below 200 C. ### 4. Absence of soluble constituents. - When 25 c.c. of light caoutchoucine are shaken with an equal volume of water in a stoppered graduated cylinder and due time is allowed for the liquids to separate again into two layers, the light caoutchoucine should show no appreciable diminution in volume. ### 5. Neutrality. - The aqueous lawyer obtained from the test in paragraph 4 above should show no marked acidity or alkalinity when tested with both red and blue litmus paper. ### 6. Limit of saturated hydrocarbons. - At least 70 per cent of the light caoutchoucine should be soluble in concentrated sulfuric acid. For testing this 25 c.c. should be measured off into a tapped and stoppered separating cylinder of suitable capacity, and sulphuric acid should be added, at first with great care and in very small quantities. After each addition of acid the cylinder should be shaken and cooled to avoid loss of volatile constituents. Sufficient acid must be used (usually about 50 c.c.) for the highly colored layer to become quite fluid so that it can separate readily from the upper layer of unattached constituents. After a final through shaking and cooling, the cylinder should be left for about three hours to effect the complete separation of the two layers, and the lower layer should be than tapped off. The almost colourless upper layer should again be shaken with strong sulphuric acid until it appears free from soluble constituents (as judged by the colour imparted to the sulphuric acid) and separated as before, after standing. It should finally measure not more than 7 c.c. The acid used should be of specific gravity 1.84 and may be of commercial quality. ### 7. Freedom from water. - Light caoutchoucine should not contain any appreciable amount of water. Any officer drawing samples for test should certify on the bottle that he has drawn the sample from the bottom of the containing vessel where the water if present, will be found. For this purpose he should employ a syphon tube of which the shorter limb reaches to the floor of the containing vessel. He should also assure himself that the sample is collected in a bottle free of moisture. II. Specification of pyridine bases ### 1. Nature. - "Pyridine" paper is a single definite compound (CHN) boiling at about 116 C. "Pyridine bases" are mixture of pyridine with closely allied compounds (boiling at various temperatures)" and must be of guaranteed mineral origin. ### 2. Colour. - The Colour must not be darker than that given by 2 c.c. of decinormal iodine solution dissolved in one liter of distilled water. ### 3. Miscibility with water. - Twenty c.c. of the pyrindine basis should give clear mixture with 40 c.c. of water; or else a mixture only so slightly opalescent that after standing for five minutes, ordinary newspaper type is clearly visible through a layer 15 cm. deep. ### 4. Amount of water present. - From 20 c.c. of the pyridine basis mixed with 20 c.c. of caustic soda solution (density 1-4) at least 18.5 c.c. of the basis should separate after having been repeatedly shaken together, and allowed to stand. ### 5. Titriation. - Dissolve 1 c.c. of the pyridine basis in 10 c.c. of distilled water. Titrate with normal sulphuric acid until a drop of the mixture gives a definite blue spot on congo-red paper (the blue colour should at once disappear). At least 10 c.c. of the normal sulphuric acid should be required to produce this reaction (prepare the congo-red paper dissolve one gram of cango-red in one litre of distilled water. Soak the filter paper in this and they dry). ### 6. Cadmium chloride reaction. - Vigorously shake together 10 c.c. of a solution of 1 c.c. of pyridine bases in 100 c.c. of distilled water with 5 c.c. of a 5 per cent solution of dry fused cadmium chloride. A distinct crystalline precipitate should immediately result. ### 7. Boiling point. - Distil 100 c.c. of the pyridine basis in the manner described below. At least 90 per cent should distil over at or under 140 C. Method. - One hundred c.c. of the pyridine bases are placed in a short-necked copper flask of about 220 c.c. capacity. The flask is arranged on an asbestos card which has a circular hole of 30 m.m. diameter cut in it. To the flask is attached a fractionating column (consisting of a tube 13 m.m. wide and 170 m.m. long provided with one bulb) of which the side-tube (issuing 1 cm. above the bulb) joins a Liebig's condenser of which the cooled part is at least long 400 m.m. A. standard thermometer is placed in the head of the column so that its bulb occupies the centre of the bulb of the column. The speed of distillation is adjusted to 5 c.c. per minute, the distillate being received in a graduated glass cylinder. At least 90 c.c. should distil over at or under 140 C, at a barometric pressure of 760 m.m. If the barometer varies from 760 m.m. a correction of 1 C for each 30 m.m. of variation should be applied (e.g. under 770 m.m. of pressure 90 c.c. of distillate should come over at or under 140.3 C, whilst under 750 m.m. the same amount of distillate should cover over at 139.7 C) III. Process of denaturation ### 1. No denaturant shall be used until a sample thereof has been approved of the Excise Commissioner. ### 2. Not less than 50 gallons of spirit shall be denatured at one time. ### 3. The light caoutchoucine and mineral pyridine basis shall be added in the proportion of ½ per cent of each of spirit of at least 50 per cent over-proof. The denaturants shall be mixed with spirit in immediate presence of an officer of the Excise department not below the rank of sub-inspector. Form D.S. 1 [Rule IV] Licence for the Wholesale Vend of Denatured Spirit Under rule IV of the Denatured Spirit Rules, and in consideration to the payment of a fee of Rs...... the receipt of which is hereby acknowledged, licence is hereby granted to ....... to sell denatured spirit in the premises situated in...... street, in the town of......., in the district of....... during the year ending on 31st March, 19...... subject to the following conditions- Conditions ### 1. This licence extends only to the sale of denatured spirit of strength not less than 50 over-proof and denatured [in accordance with the instruction of the Excise Commissioner] [Substituted by Notification No. 850-4428-V-SR-80, dated 18-3-1981.] . ### 2. The licensee shall not sell denatured spirit except to holders of licence in Form D.S. 2 of D.S. 3. ### 3. [ The licensee shall not sell more than two bottles each of the hundred milli litres denatured spirit to any person, and shall not charge more price, than that fixed by the Collector for retail sale and printed on the bottle, Denatured Spirit shall not be sold loose.] [Substituted by Notification No. B-6-18-V-(Ex) -81, dated 17-2-1982.] ### 3. -A. The licensee shall keep a standard measure of [500 millilitres] [Substituted by Notification No. 850-4428-V-SR-80, dated 18-3-1981.] approved by the Excise Department and cause all receptacles in which denatured spirit is kept to be gauged, numbered giving their capacity, and shall have deep-rods prepared for such receptacles. ### 4. Every drum or other vessel containing denatured spirits received into or kept for sale in the shop shall be conspicuously labelled or branded with the words "Made and denatured in India" or "made in and denatured in ", as the case may be. ### 5. Shop shall not be located in the same building as a shop licensed to sell foreign liquor or country spirit for consumption on the premises. ### 6. A correct account shall be kept of the daily transactions under this licence in the following form. Such account and the stock of spirit shall be produced immediately on demand for inspection by an officer not below the rank of Sub-Inspector of Excise, or of Tahsildar. Form of Account | | | | | | | --- | --- | --- | --- | --- | | Date | Opening balance | Quantity received | Source of supply | Total quantity in hand and received | | (1) | (2) | (3) | (4) | (5) | | | [Litres] [Substituted by Notification No. B-6-18-V-(Ex) -81, dated 17-2-1982.] | [Milli Litres] [Substituted by Notification No. B-6-18-V-(Ex) -81, dated 17-2-1982.] | [Litres] [Substituted by Notification No. B-6-18-V-(Ex) -81, dated 17-2-1982.] | [Milli Litres] [Substituted by Notification No. B-6-18-V-(Ex) -81, dated 17-2-1982.] | | [Litres] [Substituted by Notification No. B-6-18-V-(Ex) -81, dated 17-2-1982.] | [Milli Litres] [Substituted by Notification No. B-6-18-V-(Ex) -81, dated 17-2-1982.] | | | | | | | | | | | | | | | | | --- | --- | --- | --- | --- | | Quantity sold (each transaction) | Name and No. of licence of the purchaser | Permit No. and date | Total quantity sold each day | Remarks | | (6) | (7) | (8) | (9) | (10) | | [Litres] [Substituted by Notification No. B-6-18-V-(Ex) -81, dated 17-2-1982.] | [Milli Litres] [Substituted by Notification No. B-6-18-V-(Ex) -81, dated 17-2-1982.] | | | [Litres] [Substituted by Notification No. B-6-18-V-(Ex) -81, dated 17-2-1982.] | [Milli Litres] [Substituted by Notification No. B-6-18-V-(Ex) -81, dated 17-2-1982.] | | | | | | | | | | ### 7. The licensee is bound by the Denatured Spirit Rules, and the General Licence Conditions Nos. I, III, VI, XII, XVI, XIX, XXI, XXII, [XXIII, XXV and XXXII] [Substituted by Notification No. B-6-18-V-(Ex) -81, dated 17-2-1982.] . ### 8. In the event of enhancement of permit fee leviable on the denatured spirit the difference of permit fee shall be levied on the balance of the stocks, and the licensee shall pay such difference within thirty days of the date on which the enhanced rate comes into force. ### 9. On breach of any of the conditions of this licence, or of the provisions of the Madhya Pradesh Excise Act, 1915 (II of 1915), or of the rules made thereunder, this licence may be cancelled by the [Collector] [Substituted by Notification No. 896-2293-V-SR, dated 3-4-1991.] . ### 10. The licence may also be withdrawn without notice, if the District Excise Officer is satisfied that the licensee's conduct is not satisfactory for being retained as such or if the shop is required to be closed down during the currency of the licence. ................. [Collector] [Substituted by Notification No. 896-2293-V-SR, dated 3-4-1991.] ......................District Dated..........20...... (Showing Shop Boundaries) --------------------------- | | | | --- | --- | | Description of the site of the shop | Boundaries of the shop | | North | East | South | West | | (1) | (2) | (3) | (4) | (5) | | | | | | | Form D.S. 2 Licence for the Retail Sale of Denatured Spirit Under rule V of the Denatured Spirit Rules, and in consideration of the payment of a fee of Rs....... the receipt of which is hereby acknowledged, licence is hereby granted to...... to sell denatured spirit in the premises situated in....... street, in the town of......, in the district of...... during the year ending on 31st March, 19.... subject to the following conditions- Conditions ### 1. [You shall sell only denatured spirit obtained from D.S. I Licensee mentioned in your licence] [Substituted by Notification No. 850-4428-V-SR-80, dated 18-3-1991] . ### 2. [You shall not sell more than two bottles each of five hundred milliliters denatured spirit to any person and shall not charge more price than the fixed by the Collector for retail sale and printed on the bottle. Denatured Spirit shall not be sold loose.] [Substituted by Notification No. 850-4428-V-SR-80, dated 18-3-1991] ### 3. [ x x x ### 3. -A. x x x ### 4. x x x] [Conditions 3, 3-A and 4, omitted by Notification No. 850-4428-V-SR-80, dated 18-3-1991.] ### 5. The shop shall not be located in the same building as a shop licensed to sell foreign liquor or country spirit for consumption on the premises. ### 6. A correct account shall be kept of the daily transactions under this licence in the following form. Such account and the stock of spirit shall be produced immediately on demand for inspection by an officer not below the rank of sub-inspector of Excise, or of Tahsildar: | | | | | | | | --- | --- | --- | --- | --- | --- | | Date | Opening balance | Quantity received | Source of supply | Total quantity in hand and received | Quantity sold (each transaction) | | (1) | (2) | (3) | (4) | (5) | (6) | | | [Bottles] [Substituted by Notification No. 29-6027-V-SR-70, dated 4-1-1971.] | [Litres] [Substituted by Notification No. 29-6027-V-SR-70, dated 4-1-1971.] | [Bottles] [Substituted by Notification No. 29-6027-V-SR-70, dated 4-1-1971.] | [Litres] [Substituted by Notification No. 29-6027-V-SR-70, dated 4-1-1971.] | [Bottles] [Substituted by Notification No. 29-6027-V-SR-70, dated 4-1-1971.] | [Bottles] [Substituted by Notification No. 29-6027-V-SR-70, dated 4-1-1971.] | [Litres] [Substituted by Notification No. 29-6027-V-SR-70, dated 4-1-1971.] | [Bottles] [Substituted by Notification No. 29-6027-V-SR-70, dated 4-1-1971.] | [Litres] [Substituted by Notification No. 29-6027-V-SR-70, dated 4-1-1971.] | | | | | | | | | | | | | | | | | | | --- | --- | --- | --- | --- | | Name, father's name, caste and address of purchaser | [Signature of the purchaser] | The purpose for which purchased by each purchaser | Total quantity sold each day | Remarks | | (7) | (8) | (9) | (10) | (11) | | | | | [Bottles] [Substituted by Notification No. 29-6027-V-SR-70, dated 4-1-1971.] | [Litres] [Substituted by Notification No. 29-6027-V-SR-70, dated 4-1-1971.] | | | | | | | | | Notes. - (i) Where the purchaser purchases through a servant or messenger, the actual recipient's name should be entered in column (7) and issues made on written requisitions of the real purchaser. The requisitions shall be filed serially and produced for inspection immediately on demand by an inspection officer. [x x x x] [Amended by Notifications dated 15-1-1970 and 18-3-1981.] ### 7. The licence holder is bound by the General Licence Conditions Nos. I, III, VI, XII, XVI, XIX, XXI, XXII, XXIII and XXV and the Denatured Spirit Rules. ### 8. In the event of enhancement of permit fee leviable on the denatured spirit the difference of permit fee shall be levied on the balance of the stock, and the licensee shall pay such difference within 30 days of the date on which the enhanced rate comes into force. ### 9. On a breach of any of the conditions of this licence or of the provisions of the Madhya Pradesh Excise Act, 1915 (II of 1915), or of the rules made thereunder, this licence may be cancelled by the [Collector] [Substituted by Notification No. 896-2293-V-SR, dated 3-4-1961.] . ### 10. The licence may also be withdrawn without notice if the District Excise Officer is satisfied that the licensee's conduct is not satisfactory for bring retained as such or if the shop is required to be closed down during the currency of the licence. [Collector] [Substituted by Notification No. 896-2293-V-SR, dated 3-4-1961.] .......District. Dated....... 20..... (Showing Shop Boundaries) --------------------------- | | | | --- | --- | | Description of the site of the shop | Boundaries of the shop | | North | East | South | West | | (1) | (2) | (3) | (4) | (5) | | | | | | | Form D.S. 3 Licence for possession of denatured spirit for bonafide Industrial, Scientific and Lighting purposes Under rule VI of the Denatured Spirit Rules and in consideration of the payment of Rs. [100] [Substituted by Notification No. 850-4428-V-SR-80, dated 18-3-1981.] the receipt of which is hereby acknowledged, licence is hereby granted to you to possess....... bulk litres of denatured spirit at your factory/Laboratory/Storehouse situated in........ street, in the town of....... in the district of...... during the year ending the 31st March, 19...... for bonafide use in Industrial, Scientific and Lighting purposes subject to the following conditions- Conditions ### 1. [ The licence extends only to the possession and use of spirit Denatured to the instructions of the Excise Commissioner and obtained from D.S. Licensee......... (name) .] [Substituted by Notification No. 850-4428-V-SR-80, dated 18-3-1981.] ### 2. The denatured spirit shall be kept only at the place specified in this licence and shall not be sold nor utilised otherwise than for the purpose for which the licence is granted nor shall it be transferred to any other person without the permission of the Collector. ### 3. The premises in Which Denatured spirit is used or stored shall be open to inspection by any officer not below the rank of Sub-Inspector of Excise or Tahsildar who shall be furnished with such information regarding the quantity of Denatured spirit used as may be required by him. ### 4. Every bottle, jar and cask containing the denatured spirit received shall be conspicuously labelled and branded with the words "Made and denatured in India." ### 5. All such bottles, jars, drums or casks shall bear label, printed in red and containing skull and cross bones with a warning "Not to be taken internally", in Hindi. The design and style of the label shall be- | | | | --- | --- | | Capacity....... | Strength....... | | Denatured Spirit | | | Not to be taken internally | | | Bottled by....... | | ### 6. A correct account shall be kept of the daily transaction under this licence in the following form. Such account together with the stock of spirit shall be produced immediately on demand for inspection by any officer authorised to inspect the premises : | | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | --- | | Date | Opening balance | Quantity received | Source of supply | Total quantity in hand | Quantity used in each transaction | Balance | Remarks | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | | | LiterM.L. | LiterM.L. | | LiterM.L. | LiterM.L. | LiterM.L. | | | | | | | | | | | ### 7. The licensee is bound by the Denatured Spirit Rules and the General licence condition Nos. i, iii, vi, xxi, xxii, xxiii and xxv. ### 8. On breach of any of the conditions of the licence or of the provisions of the Madhya Pradesh Excise Act, 1915 (II of 1915), or of the rules made thereunder this licence maybe cancelled by the Collector. Collector, .....District Dated the...... day of 19. (Showing Shop Boundaries) --------------------------- | | | | --- | --- | | Description of the site of the shop | Boundaries of the shop | | North | East | South | West | | (1) | (2) | (3) | (4) | (5) | | | | | | | Form D.S. 4 Licence for the Possession, Use and Sale by Druggists and the Possession and Use in Industries of Spirit Denatured by Special Process Under rule VII of the Denatured Spirit Rules and in consideration of the payment of Rs....... the receipt of which is hereby acknowledged, licence is hereby granted to you..... to possess....... gallons of spirit denatured by the special process described below, in your premises situated in....... street, in the town of...... in the district of...... during the year ending the 31st March, 19.....subject to the following conditions- Conditions ### 1. This licence extend to the possession of denatured spirit for use in the preparation of medical compounds for which such spirit is prescribed or in the industry for which this licence is issued. ### 2. A druggist holding the licence may sell such spirit up to the maximum of eight drams at a time if its use for external application is being ordered in writing by an approved medical practitioner or if any such medical practitioner required it for external use in his practice. [Provided that where Special Denatured Spirit is imported or transported at a confessional rate of permit fee for manufacture of basic drugs and other aromatic chemicals not containing alcohol required by industries no sale of such spirit shall be permissible.] [Inserted by Notification No. 2521-1483-V-SR-69, dated 21-8-1969.] ### 3. The special denatured spirit shall be kept only on the licensed premises and shall not be sold, nor utilized for purposes other than those specified in conditions 1 and 2, nor transferred to any other person without the Collector's Permission. ### 4. The premises for which the licence is granted shall be open to inspection by any officer not below the rank of Sub-Inspector of Excise or of Tahsildar, who shall be furnished which such the information regarding the quantity of spirit used in the preparation of medical compounds, etc., as may be required by him. ### 5. Every bottle, jar and cask containing the special denatured spirits received into or kept for use or sale on the premises shall be conspicuously labelled or branded with the words "Made in..... and denatured by....." ### 6. All such bottles, jars, drums or casks shall bear a label, printed in red and containing skull and cross-bones with a warning 'Not to be taken internally' in Hindi. The design and style of the label shall be- | | | | --- | --- | | Capacity...................... | Strength | | .................................... | | | DENATURED SPIRIT | X | | Not to be taken internally | | | Bottled by .......... | ### 7. A correct account shall be kept of the daily transactions under this licence in the following form. Such account together with any order that may have been received from approved medical practitioners as provided for in condition 2, and the stock of spirits, shall be produced immediately on demand for inspection by any officer authorised to inspect the shop- | | | | | | | --- | --- | --- | --- | --- | | Date | Opening balance | Quantity received | Source of supply | Total quantity in hand and received | | (1) | (2) | (3) | (4) | (5) | | | [Litres] [Substituted by Notification No. 850-4428-V-SR-80, dated 18-3-1981.] | [Milli Litres] [Substituted by Notification No. 850-4428-V-SR-80, dated 18-3-1981.] | [Litres] [Substituted by Notification No. 850-4428-V-SR-80, dated 18-3-1981.] | [Milli Litres] [Substituted by Notification No. 850-4428-V-SR-80, dated 18-3-1981.] | | [Litres] [Substituted by Notification No. 850-4428-V-SR-80, dated 18-3-1981.] | [Milli Litres] [Substituted by Notification No. 850-4428-V-SR-80, dated 18-3-1981.] | | | | | | | | | | | | | | | --- | --- | --- | | Quantity used or sold | Purchaser's | Remarks | | Name | Address | | (6) | | (7) | (8) | (9) | | [Litres] [Substituted by Notification No. 850-4428-V-SR-80, dated 18-3-1981.] | [Milli Litres] [Substituted by Notification No. 850-4428-V-SR-80, dated 18-3-1981.] | | | | | | | | | | ### 8. The licensee shall observe any subsidiary instructions which the Excise Commissioner may issue with regard to denatured spirit. ### 9. On breach of any of the conditions of this licence, or of the provisions of the Madhya Pradesh Excise Act, 1915 (II of 1915), or of the rules made thereunder, this licence may be cancelled by the Collector. ### 10. The licence-holder is bound by the Denatured Spirit Rules, and the General Licence Conditions Nos. I, III, VI, XXI, XXII, XXIII and XXV. Description of denaturation specially permitted in connection with the licence | | | | --- | --- | | | ................ | | Dated........ 20...... | Collector | | | ..........District | (Showing Shop Boundaries) --------------------------- | | | | --- | --- | | Description of the site of the shop | Boundaries of the shop | | North | East | South | West | | (1) | (2) | (3) | (4) | (5) | | | | | | | [Form D.S. 4-A] [Inserted by Notification No. 2521-1483-V-SR-69, dated 21-8-1969.] [See Rule VII-A (iv) ] Whereas I/we......... Residing at.............. in Street of.......... the........ district have made an application on.......... to the Collector of......... for a licence authorising me/us to possess and use special denatured spirit as specified in the said application from......... to........... or may make any application hereafter for the renewal of the said licence, I/we hereby bind myself/ourself jointly and severally that I/we shall use special denatured spirit for the possession and use of which licence has been granted to me/us of may renewed to me/us as the case may be, for........... purposes at my/our place......... situated at......... in the town of......... district in the State of Madhya Pradesh in accordance with the provisions of the Madhya Pradesh Excise Act and the Rules, Regulations and orders made thereunder the conditions of the licence issued thereunder and in case of my/our making default in the observance of the provisions of the said Act and the rules, regulations and orders and thereunder and the conditions of the said licence we hereby bind ourselves jointly and severally and each and every one of my/our respective heirs, executors, administrations and representatives to forfeit to the Governor of Madhya Pradesh the security deposit of Rs. 1000/- without prejudice to any other action for which I/we may be held liable under the provisions of Madhya Pradesh Excise Act and the Rules, regulations and order made thereunder and the conditions of the licence. Place.......... Dated this......day of......20 In the presence of ### 1. ................. ### 2. ................. ................. Signature (s) of the Principal (s) Form D.S. 5 [Rule VIII (1) ] Counterfoil | | | | --- | --- | | No.................. | Dated...........20..... | Pass for the import or export of denatured spirit Shri............. holder of denatured spirit licence in form D.S........ is permitted to import/export the under- mentioned quantity of denatured spirit from/to Shri....... at........ for sale/use in his licensed premises at........ | | | | | --- | --- | --- | | Quantity in imperial bulk gallons | Amount of permit fee paid | Challan No. and date | | | Rs.nP | | This pass is current for....... days Collector, .............District Form D.S. 5 [Rule VIII (1) ] Pass | | | | --- | --- | | No.................. | Dated...........20..... | Pass for the import or export of denatured spirit Shri............ holder of denatured spirit licence in form D.S....... is permitted to import/export the under-mentioned quantity of denatured spirit from/to Shri...... at....... for sale/use in his licensed premises at...... | | | | | --- | --- | --- | | Quantity in imperial bulk gallons | Amount of permit fee paid | Challan No. and date | | | Rs.nP | | This pass is current for....... days Collector, .............District Form D.S. 5 [Rule VIII (1) ] Advice to Excise Office | | | | --- | --- | | No.................. | Dated...........20..... | Pass for the import or export of denatured spirit Shri............ holder of denatured spirit licence in form D.S........ is permitted to import/export the under-mentioned quantity of denatured spirit from/to Shri....... at....... for sale/use in his licensed premises at................. | | | | | --- | --- | --- | | Quantity in imperial bulk gallons | Amount of permit fee paid | Challan No. and date | | | Rs.nP | | This Pass is current for ..... days Collector, .......District. Form D.S. 6 Counterfoil [Rule IX] | | | | --- | --- | | No.................. | Dated...........20..... | Shri......... holding a licence for the sale/possession of denatured spirit/special denatured spirit is/are permitted to transport ........ gallon (s) of denatured spirit/special denatured spirit from Shri.......... at........... to............ This pass is current till............ [Collector] [Substituted by Notification No. 2149-174-V-SR, dated 28-4-66.] Form D.S. 6 To be given to the Transport [Rule IX] | | | | --- | --- | | No.................. | Dated...........20..... | Shri................. holding a licence for the sale/possession of denatured spirit/special denatured spirit is/are permitted to transport........... gallon (s) of denatured spirit/special denatured spirit from Shri............. at.......... to.......... This pass is current till............ [Collector] [Substituted by Notification No. 2149-174-V-SR, dated 28-4-1966.] Form D.S. 6 To be sent to the District Excise Officer of the District from which the spirit is transferred [Rule IX] | | | | --- | --- | | No.................. | Dated...........20..... | Shri........... holding a licence for the sale/possession of denatured spirit/special denatured spirit is/are permitted to transport.......... gallon(s) of denatured spirit/special denatured spirit from Shri......... at........... to.......... This pass is current till........... [Collector] [Substituted by Notification No. 2149-174-V-SR, dated 28-4-1966.] Form D.S. 6 To be sent to the District Excise Officer of the District to which the spirit is transferred. [Rule IX] | | | | --- | --- | | No.................. | Dated...........20..... | Shri............... holding a licence for the sale/possession of denatured spirit/special denatured spirit is/are permitted to transport............ gallon(s) of denatured spirit/special denatured spirit from Shri.......... at.......... to............ This pass is current till............ [Collector] [Substituted by Notification No. 2149-174-V-SR, dated 28-4-1966.] Form D.S. 7 Account Book (Prescribed under Condition No. 6 of the licence in Form D.S. 2) Licensed shop at............... Excise circle............. Tahsil............. District for the sale of denatured spirit for the year ending 31st March, 20.............. Note. The above entires should be filled in before issue. Certified that this book contains................pages. Warehouse Officer, ............Warehouse. Dated.......... 20....... Form D.S. 7 Account Book showing transaction of daily sales of denatured spirit to be maintained by D.S. 2 Licensees Name of shop.......... Tahsil............. district.............. for the year.......... | | | | | | | --- | --- | --- | --- | --- | | Date | Opening balance | Quantity received | Source of supply | Total quantity in hand and received | | (1) | (2) | (3) | (4) | (5) | | | [Litres] [Substituted by Notification No. 850-4428-V-SR-80, dated 18-3-1981.] | [Mili Litres] [Substituted by Notification No. 850-4428-V-SR-80, dated 18-3-1981.] | [Litres] [Substituted by Notification No. 850-4428-V-SR-80, dated 18-3-1981.] | [Mili Litres] [Substituted by Notification No. 850-4428-V-SR-80, dated 18-3-1981.] | | [Litres] [Substituted by Notification No. 850-4428-V-SR-80, dated 18-3-1981.] | [Mili Litres] [Substituted by Notification No. 850-4428-V-SR-80, dated 18-3-1981.] | | | | | | | | | | | | | | | | | --- | --- | --- | --- | --- | | Quantity sold (each transaction) | Name father's name, caste and address of purchaser | The purpose for which purchased by each purchaser | Total quantity sold each day | Remarks | | (6) | (7) | (8) | (9) | (10) | | [Litres] [Substituted by Notification No. 850-4428-V-SR-80, dated 18-3-1981.] | [Milli Litres] [Substituted by Notification No. 850-4428-V-SR-80, dated 18-3-1981.] | | | [Litres] [Substituted by Notification No. 850-4428-V-SR-80, dated 18-3-1981.] | [Milli Litres] [Substituted by Notification No. 850-4428-V-SR-80, dated 18-3-1981.] | | | | | | | | | | Note. - Where the purchaser purchase through a servant or messenger the actual recipient's name should be entered in column (7) and issues made on written requisitions of the real purchaser. This requisitions shall be filled serially and produced for inspection immediately on demand by an inspecting officer.

65b93c63ab84c7eca86e8b01

acts

State of Odisha - Act ----------------------- The Court-fees (Orissa Amendment) Act, 1983 --------------------------------------------- ODISHA India The Court-fees (Orissa Amendment) Act, 1983 ============================================= Act 12 of 1983 ---------------- * Published on 1 January 1983 * Commenced on 1 January 1983 The Court-fees (Orissa Amendment) Act, 1983 Orissa Act No. 12 of 1983 Statement of Objects and Reasons. - For mobilisation of additional resources to fetch additional revenue to the State Exchequer, it is proposed to enhance the rate of Court-fees by 50 per cent on certain miscellaneous petitions and Vakalatnamas filed in lower Courts and other forms by effecting amendments to Schedule II of the Court-fees Act, 1870 in its application to the State of Orissa. The Bill seeks to active the above object. Published vide Orissa Gazette Extraordinary No.580/18.5.1983. For Statement of Objects and Reasons See Orissa Gazette Extraordinary No. 282/9.3.1982. An Act to amend the Court-fees Act, 1870 in its application to the State of Orissa Be it enacted by the Legislature of the State of Orissa in Thirty-fourth Year of the Republic of India, as follows : ### 1. Short title and commencement. (1) This Act may be called the Court-fees (Orissa Amendment) Act, 1983. (2) It shall [come into force on such date] [The Act came into force w.e.f.1.7.1983 vide Orissa Gazette Extraordinary No. 677/6-6-1983.] as the State Government may, by notification, appoint in that behalf. ### 2. Amendment of Schedule II. - In Schedule II to the Court-fees Act, 1870- (a) in Article 1, the entries occurring under the heading "Proper fee" as mentioned in column (1) of the following Schedule shall respectively be substituted by the entries shown against them in Column (2) thereof : Schedule ---------- | | | | | --- | --- | --- | | | Entries occurring under the Heading "Proper fee" | Entries to be substituted | | | (1) | (2) | | 1. | Thirty paise | Forty-five paise. | | 2. | In case of a criminal complaint and appeal, one rupee and fifty paise and in other cases eighty paise | In case of a criminal complaint and appeal, two rupees and twenty-five paise and in other cases one rupee and twenty paise. | | 3. | One rupee and sixty-five paise | Two rupees and fifty paise. | (b) in Article 1-A, for the words "one rupee and ten paise" occurring under the heading "Proper fee", the words "one rupee and sixty-five paise" shall be substituted; (c) in Article 10, for the words "one rupee and fifty paise" and "two rupees and fifty paise" occurring under the heading "Proper fee" appearing against serial (a) and (b), the words "two rupees and twenty-five paise" and "three rupees and seventy-five paise" shall respectively be substituted.

65b9b8e8ab84c7eca86e9bda

acts

State of Rajasthan - Act -------------------------- The Rajasthan Land Revenue (Industrial Areas Allotment) Rules, 1959 --------------------------------------------------------------------- RAJASTHAN India The Rajasthan Land Revenue (Industrial Areas Allotment) Rules, 1959 ===================================================================== Rule THE-RAJASTHAN-LAND-REVENUE-INDUSTRIAL-AREAS-ALLOTMENT-RULES-1959 of 1959 ------------------------------------------------------------------------------- * Published on 31 December 1959 * Commenced on 31 December 1959 The Rajasthan Land Revenue (Industrial Areas Allotment) Rules, 1959 Published vide Notification No. F. 5(199) LSG/A/59, dated 31-12-1959; published in Rajasthan Gazette Extraordinary Part 4-C, Dated 2-1-60 Last Updated 10th June, 2019 In exercise of the powers conferred by Section 100 of the Rajasthan Land Revenue Act, 1956 (Rajasthan Act 15 of 1956 ), the State Government hereby makes the following rules, namely - ### 1. Short title and commencement. - These rules may be called the Rajasthan Industrial Areas Allotment Rules, 1959 and shall come into force with effect from 1-1-1960. ### 1A. [ Definition. [Substituted '1A and 1AA' by Notification No. F 9(234) Rev. VI/2007/57 dated 27.11.2007, published in Rajasthan Gazette Part IV-C (1), dated 3.12.2007.] - In these rules, unless there is anything repugnant to the subject or context; (i) "District Level Committee" means the committee constituted by the State Government for a district from time to time under clause (b) of sub-rule (1) of rule 2 of the Rajasthan Stamps Rules, 2004; (ii) "Industrial Area" means of land which may have been reserved and set apart or may hereafter be reserved or set apart under section 92 of the Rajasthan Land Revenue Act, 1956, for the purpose of setting up an industry or industries including essential welfare and supporting services e.g. post office, labour colony, residential colony/ housing complex and township, educational institution R.S.E.B. power station and water and sewerage facilities, dispensary or hospital, police fire service station, bank, weigh-bridge, shops and markets, cinema, hotel and restaurant and petrol pump; (iii) "IT Industry" means IT hardware, Software Industry, IT Services, IT Enabled Services, IT Infrastructure and IT Training Institutions. It shall cover development, production and services related to IT Products and includes IT and Telecommunications; (iv) "IT Enabled Service" means any product or service that is provided or delivered using the resources of Information and Communication Technology; (v) "IT" means information technology; (vi) "Peripheral Belt" means the peripheral belt as indicated in the Master Plan or Master Development Plan of a city of a town prepared under any law for time being in force and where there is no Master Plan or Master Development Plan or where peripheral belt is not indicated in such plan, the area as may be notified by the State Government in the Urban Development and Housing Department from time to time and where any part of a village falls within the peripheral belt, the whole village shall be deemed to be within the peripheral belt; (vii) "Rural Area" means an area which is not included in the notified area of urban bodies and their urbanisable limits or periphery belt; 47 (viii) "Tourism unit" means tourism project of the following categories approved by the Tourism department, Government of Rajasthan. (a) a heritage hotel; (b) any other hotel with accommodation of 25 rooms and more; (c) a camping site with furnished tented accommodation, having at least fifty tents along with bathroom and toilet facilities; (d) a holiday resort providing sports and recreational facilities, riding, swimming and social amenities with boarding & lodging arrangements in Cottages; and (e) an amusement park providing various type of rides, games and amusement for children as well as for adults. (ix) "Urban Bodies" means bodies constituted under the Rajasthan Municipalities Act, 1959 or the Rajasthan Urban Improvement Act, 1959 (Act No. 35 of 1959 ) or the Jaipur Development Authority Act, 1982 (Act No. 25 of 1982 ).] ### 2. [ Period for which land may be allotted. [Substituted by G.S.R. 54, Dated 5-7-1976; published in Rajasthan Gazette Extraordinary Part 4(Ga) (I), Dated 6-7-76, p. 259.] - Land in industrial area may be allotted on lease-hold basis for a period of 99 years- (a) [ for setting up of a large scale industry and large scale tourism unit, as the case may be, anywhere in the State, the allotment shall be made by the Government in Revenue Department, and] (b) for setting up of other industries - (i) in Jaipur district, by the Director of Industries, Rajasthan, Jaipur, Added by [provided that the case of a tourism unit the allotment shall be made by the] [G.S.R. 46, Dated 8-5-1997; published in Rajasthan Gazette Part 4(Ga) , Dated 3-7-97, p. 75(4).] [Government in the Revenue Department] [Substituted 'Director of Tourism' Notification No. G.S.R. 35, dated 1.6.2015 (w.e.f. 2.1.1960).] , and (ii) in any other district, by the Collector concerned]. (c) [ All allotment of land under clause (a) shall be made within a period of 60 days and under clause (b) within a period of 30 days from the date of receipt of the completed application in Form-B.] [Inserted by Notification No. F.6(25) /Gr. 6/99/18, dated 30.4.2001, Published in the Rajasthan Government Gazette, Extraordinary, Part-4(ga)(1), dated 10.5.2001.] [In case any Khatedar tenant submits complete application electronically in Single Window System Portal, it shall be disposed as per the provisions of the Rajasthan Enterprises Single Window Enabling and Clearance Rules, 2011.] [Added by Rajasthan Notification No. G.S.R. 23, dated 8.5.2015 (w.e.f. 2.1.1960).] [Provided that the allotment of land for the purpose of setting up of Common Effluent Treatment Plant and related activities, anywhere in the State, shall be made by the State Government in the Revenue Department for a period of 10 years which shall be extendable for a period of 5 years.] [Added by Notification No. F. 11(4) Rev.6/14 part/04, dated 29.01.2016 (w.e.f. 2.1.1960).] ### 2A. [ Execution of lease deed. [Substituted by Rajasthan Notification No. G.S.R. 55, dated 23.8.2012.] - The lease deed shall be executed in Form A.- The allotting authority shall issue notice to the allottee to submit requisite stamps for execution of lease deed. The allottee shall submit requisite stamps within 30 days of receipt of such notice. The possession of allotted land shall be given to the allottee after execution of lease deed. Provided that the allottee who did not execute the lease deed of allotted land prior to commencement of the Rajasthan Industrial Area Allotment (Amendment) Rules, 2012, such allotment may be reglarzied by the allotting authority on payment of penalty of Rs. 30,000/-. The Allotting Authority shall issue notice of one month to such allottee to submit requisite stamps for execution of lease deed and deposit penalty and all dues of State Government. If the allottee submits the requisite stamps, deposit penalty and all dues, lease deed may be executed in favour of such allottee for the remaining period of lease.] ### 2B. [ Land not available for allotment under these rules. [Rule 2-B inserted vide Notification No. F 10(8) Rev-6/2001/23 dated 12.9.2013 Published in Rajasthan Government Gazette, Part IV-C dated 30.9.2003.] - The following categories of lands shall not be allotted under these rules namely: - (i) Land falling within the boundary limits of any railway line. National Highway, State Highway or any other road maintained by the Central or State Government or any local authority, as specified in any Act or Rules of the Central or State Government made in this behalf or within the limit [specified in the guidelines of Indian Road Congress] for establishment of industry from the middle point of National Highway/State Highway, whichever is longer or the land falling within 100 feet of the middle of any road or any rural pathway which link with village or not. (ii) Land falling within the radius at 1.5 Km. of the outer limit of abadi of a village for the purpose of an industrial unit or lime kiln or a kreshar unit or an Industrial area. This restriction shall not apply where the conversion is sought for brick kiln or non-polluting industry, small or cottage industry.] ### 3. Development charges. - The premium to be charged by way of development charges from the lessee shall be- (i) [ Rupees One Thousand Five Hundred per acre in an industrial area situated within a radius of fifteen miles of Jaipur City, or Kota City.] [Inserted by No. F. 6(6) Revenue B/60, Dated 30-9-1963; published in Rajasthan Gazette Ordinary Part IV-C, Dated 5-12-63.] (ii) [ Rupees Five Hundred per acre in a city having a population of three lakhs and above, other than the cities mentioned in the preceding clause.] [Inserted by No. F. 6(6) Revenue B/60, Dated 30-9-1963; published in Rajasthan Gazette Ordinary Part IV-C, Dated 5-12-63.] (iii) [ Rs. 300 per acre in a town having a population of 50.000 or above but less than 3 lakhs.] [Re-numbered by No. F. 6(6) Revenue B/60, Dated 30-9-1963; published in Rajasthan Gazette Ordinary Part IV-C, Dated 5-12-63.] (iv) [ Rs. 200 per acre in a town having a population of more than 10.000 and less than 50.000.] [Re-numbered by No. F. 6(6) Revenue B/60, Dated 30-9-1963; published in Rajasthan Gazette Ordinary Part IV-C, Dated 5-12-63.] (v) [ Rs. 100 per acre in a town having a population of 10.00 and less:] [Re-numbered by No. F. 6(6) Revenue B/60, Dated 30-9-1963; published in Rajasthan Gazette Ordinary Part IV-C, Dated 5-12-63.] [\*\*\*] [Deleted 'Proviso' by Notification No. F 6(16) Rev. 6/91 Part/8 dated 2.4.2005.] ### 3A. [ [Deleted Notification No. G.S.R. 35, dated 1.6.2015 (w.e.f. 2.1.1960).] \*\*\*] | | | --- | | 3A. [ Price of land. [Added by G.S.R. 110, Dated 25-11-1987; published in Rajasthan Gazette Part 4(Ga) (I), Dated 31-12-87, p. 402.] - For the allotment of Government agricultural land in industrial area the price of the land shall also be charged from the allottee which shall be equivalent to the prevailing market price of the same class of agricultural land in the vicinity and shall be determined accordingly, by the Colonisation Commissioner in the Rajas than Canal Project Colony Area, and by the Collector concerned in other areas:] [Provided that no price of land shah be charged in cases where the State Government in the Industries[or Tourism] [Added by G.S.R. 35, Dated 4-3-1991; published in Rajasthan Gazette Part 4(Ga) (I), Dated 7-3-91, p. 100.] Department acquires land for an Industrial unit or for the Rajasthan State Industrial Development and Investment Corporation[or for Rajasthan Tourism Development Corporation] [Inserted by G.S.R. 46, Dated 8-5-1997; published in Rajasthan Gazette Part 4(Ga) , Dated 3-7-97, p. 75(4).] and Compensation for the acquisition in paid by the said unit or by the said Corporation and the land is used by the said unit or by the said Corporation only for the purpose for which the land is acquired.] | ### 3B. [ Allotment of Land for Tourism Units. [Inserted by Notification No. G.S.R. 35, dated 1.6.2015 (w.e.f. 2.1.1960).] (1) For establishment and development of Tourism Units, the District Collector shall identify suitable land for the establishment of tourism units. The land so identified shall be set apart and reserved for tourism units under intimation to the Tourism Department and same shall be uploaded on the web-site of the District Collector and Tourism Department. The maximum and minimum land areas to be reserved for tourism units shall be as under:- | | | | | | --- | --- | --- | --- | | S. No. | Category | Minimum Land Area | Maximum Land Area | | 1 | 2 | 3 | 4 | | 1 | Budget Hotels and 1 to 3 stars hotels | 1200 square meters | Up to 4000 square meters | | 2 | 4 stars hotels | 6000 square meters | Up to 12000 square meters | | 3 | 5 Star and above hotels | 18000 square meters | Up to 40,000 square meters | | 4 | Other Tourism units | | As per requirement/availability | (2) The reserve price for allotment of land set apart and reserved for tourism unit shall be equal to the rates recommended for assessment of market value of agriculture land by district level committee under Rule 58 of the Rajasthan Stamp Rules, 2004. (3) Allotment of land for tourism units shall be made in the following manner, namely: - (a) The Allotting Authority shall invite bids for allotment of land for tourism units set apart and reserved for tourism unit under sub-rule (2) through advertisement published in National and State Level news paper. The reserve price for allotment of land shall be mentioned in the advertisement. (b) in case more than one bid received within the specified time period, the allotment of land shall be made through competitive bidding. In case only single bid is received in the specified time period, the allotment of land shall be made to the single bidder on the prevailing reserve price or the price offered by the bidder, whichever is higher. (c) Land allotted under this rule shall be used for establishment of tourism unit within the time limit specified as under :- (i) three years for a tourism unit having less than 200 rooms. (ii) four years for a tourism unit having more than 200 rooms : Provided that above period may, in appropriate case, further be extended for a period of one year by the prescribed authority. If the land is not used within such extended period, the allotment shall be withdrawn after giving an opportunity of being heard. (d) Land allotted under this rule shall be used only for the purpose of tourism unit and not for any other purpose at least for a period of thirty years.] (4) Notwithstanding anything contained n clause (a) and (b) of sub-rule (3) allotment of land for the following categories of Tourism Unit Projects, which are pending on the date of commencement of the Rajasthan Industrial Areas Allotment (Second Amendment) Rules, 2016 before the allotting authority shall be made on reserve price of land as specified in sub-rule (2), namely:- [(a) The Tourism Unit Projects approved by the Department of Tourism for allotment of the land under the Rajasthan Tourism Unit Policy, 2007; or (b) The Tourism Unit Projects involving allotment of Government land for which MOUs have been signed under the aegis of the Resurgent Rajasthan, 2015: Provided that in case where more than one project has been approved or MOU signed for allotment of the same land or part thereof, preference shall be given to the project for which some adjoining land, forming a part of the project is already available with the promoter. Where there is more than one project for such preferential treatment, there shall be competitive bidding within such projects deserving preferential treatment and where there is no case of such preferential treatment, there shall be competitive bidding within all the approved projects.] [Added by Notification No. G.S.R. 5, dated 21.2.2018 (w.e.f. 2.1.1960).] ### 4. Renewals of lease. - Every such lease may be renewed for a further period of 99 years at the option of the lessee. ### 5. [ Rate of rent to be charged. [Substituted by Notification No. F 9 (234) Revune 6/07/21, dated 13.8.2009 (w.e.f. 2.1.1960).] - Rent shall be charged at the following rates: - | | | | --- | --- | | Category | Rate per square meter per year | | In towns and cities with population more than 3 lacs | Rupee 1.00 | | In towns, cities and villages with population more than 10,000 but less than 3 lacs | 75 paise | | In towns, cities and villages with population less than 10,000 | 50 paise] | ### 6. Revision of rent. - Such rent shall be liable to be revised after every thirty years [\*\*\*] [Deleted 'and the enhancement in rent at each such revision shall not exceed 25 per cent of the rent payable for the period immediately preceding such revision' by Notification No. F 9(234) Rev-6/07/21, dated 13.8.2009 (w.e.f. 2.1.1960).] . ### 7. [ Setting up of Industries. [Substituted by G.S.R. 54, Dated 5-7-1976; published in Rajasthan Gazette Extraordinary Part 4(Ga) (I), Dated 6-7-76, p. 259.] - [industries other than tourism unit] shall be set up within a period of two years on the land allotted for the purpose, failing which the land shall revert to the Government unless the period of two years is extended by the allotting authorities for valid reasons.] [Provided that if such land could not be used for Industrial purposes within the period as prescribed above, the State Government may extend the period further as deemed proper. In such cases the application shall move application through the Divisional Commissioner who after examination of the case, forward the same to the State Government with his comments.] [Added by Notification No. F 11(1) Rev-6/2002/8, dated 10.3.2003 (w.e.f. 2.1.1960).] ### 8. [ Land not to be used for other purpose. [Amended by G.S.R. 35, Dated 4-3-1991 (w.e.f. 2.1.1960).] (1) The land given for industrial purpose shall not be used for any other purpose except constructing factory premises and such other residential quarter as are required for those engaged in that industry. No constructions shall be permitted which may have the object of using it has a commercial undertaking other than the industry permitted to be established.] [Provided that the State Government on the application of the lessee for establishment of industry other than the industry for which the land was given, may grant permission for establishment of such industry.] [Added by Notification No. G.S.R. 34, dated 19.5.2011 (w.e.f. 2.1.1960).] (2) The permission for construction of the labour colony shall be given [if required at the time of the establishment of an industry] [Substituted by G.S.R. 35, Dated 4-3-1991; published in Rajasthan Gazette Part 4(Ga) (I), Dated 7-3-91, p. 100.] . (3) The industrialist shall be free to use an arig upto 200 sq. metre for his own residential purpose on first floor of the factory premises. ### 9. Lessee debarred from sale of land etc. - The lessee shall have the limited ownership on the land leased till the lease subsists and shall have the right of assignment only for the purpose of taking a loan for the development of the industry. [or for pledging as collateral security for a loan taken by the lessee or some other industry owned by the same management] [Inserted by Notification No. F 9(234) Rev-VI/0720 dated 17.7.2009 (w.e.f. 2.1.1960).] The lessee shall have no right to sell the land: (i) [ Provided that the land can be pledged as collateral security only in favour of Industrial Financial Corporation of India, Rajasthan Finance Corporation, IDBI,ICICI, LIC, IRBI, HDFC,SIDBI, EXIM, Bank. Co-operative Banks and any Public financial Institution as defined in the Public Financial Institution Act or Schedule Banks or private lending agencies subject to ensuring that the lessee has cleared all the our standing dues of the lessor and the lessee created first charge in favour of the State Government and second to the financing body or bodies.] [Inserted by Notification No. F 9(234) Rev-VI/07/20 dated 17.7.2009 (w.e.f. 2.1.1960).] [[(ii) Provided further that] [Added by G.S.R. 110, Dated 25-11-1987; published in Rajasthan Gazette Part 4(Ga) (I), Dated 31-12-87, p. 402.] once the land has been utilised for the purpose for which it was allotted within the period specified in rule 7, the lessee may with the permission of the [Allotting Authority] [Substituted by G.S.R. 52, Dated 8-8-1988; published in Rajasthan Gazette Part 4(Ga(I) , Dated 1-9-88, p. 212.] transfer his right or interest in the whole land, so leased out, the conditions of lease remaining unchanged. The transferee shall pay 50% excess amount of the yearly lease rent mentioned in rule 5 on such transfer:] (iia) [ Provided also that if after grant of permission the transferee has failed to execute the lease deed and further transferred the allotted land without prior permission of allotting authority, such transfer may be regularized by the allotting authority on payment of penalty of Rs. 3000/- for each transfer. The lease deed may be executed in favour of such transferee for the remaining period of lease. [Inserted by Rajasthan Notification No. G.S.R. 55, dated 23.8.2012.] The transferee shall pay 50% excess amount of the yearly lease rent mentioned in Rule 5 on such transfer.] [[(iii) Provided also that] [Added by G.S.R. 52, Dated 8-8-1988; published in Rajasthan Gazette Part 4(Ga(I) , Dated 1-9-88, p. 212.] in case an industrial plot is proposed to be divide or sub-divided for any purpose, whatsoever, prior permission of the State Government in the Revenue Department shall be obtained by the allotting authority: (iv) [ Provided also that in case of sick unit as per BIFR guidelines, the lessee with the prior permission of the State Government, may transfer his right or interest in the leased land subdivided under the above proviso, on the following conditions - [Inserted by dated 24.2.2006 (w.e.f 2.1.1960).] (i) that NOC from Financial Institutions/Banks shall be obtained, in case land is mortgaged. (ii) that the conditions of lease shall remain unchanged. (iii) that the transferee shall use the land for the Industrial purpose only: (v) Provided also that no permission of transfer under the above proviso, shall be allowed in case of a Government land unless the unit is declared sick by Board of Industrial Financial Reconstruction (BIFR). (vi) Provided also that in case of any doubt of any kind the allotting authority shall refer the matter to the State Government in the Revenue Department whose decision shall be final.]] [Provided also that the developer of micro, small and medium enterprises clusters, as per approved plan may transfer his right or interest in the whole Land, so leased out, to entrepreneurs. The conditions of lease remaining unchanged. The transfer small pay 50% excess amount of the yearly lease rent mentioned in rule 5 on such transfer.] [Added by Notification No. G.S.R. 34, dated 19.5.2011, (w.e.f. 2.1.1960).] ### 10. [ Intimation to Revenue Department of sanction accorded. [Added by No. F. 6(6) Revenue B/60, Dated 30-9-1963; published in Rajasthan Gazette Ordinary Part IV-C, Dated 5-12-63., (20-12-63)] - The (Director of Industries) shall, before 31st day of January, 1964, send to the Revenue Department a statement giving particulars (viz. date of sanction, date of allotment of land full particulars of land allotted, development charges and rent to be charged) of all sanctions accorded since the commencement of these rules, allotting authority shall inform the Revenue Department of all sanction to be accorded in future; and the Revenue Department shall issue orders to the Collector concerned for realising the development charges under rule 3 and the rent under ride 5 and for ensuring that the conditions of the allotment particularly those mentioned in rules 7, 8 and 9. are duly observed.] ### 11. [ \*\*\*] [Deleted by Notification No. F. 6(54) Rev/6/2001 /28 dated 6.10.2003, Published in Rajasthan Gazette Part IV-C dated 23.10.2003 (w.e.f. 2.1.1960).] | | | --- | | 11. Provisions of lands for industrial purposes in certain circumstances.-[(1) Where no area of land has been declared for setting up of an industry or industries, or where no land is available in an industrial area, the industrialist requiring land for industrial purposes may purchase any land approved by the Collector for the purpose and thereafter surrender it formally to the Government and apply for the allotment of the said land for industrial purposes under these Rules.] [Added by G.S.R. 110, Dated 25-11-1987; published in Rajasthan Gazette Part 4(Ga) (I), Dated 31-12-87, p. 402.] [Explanation.- Where an Industrialist purchases any land approved by the Collector and thereafter surrenders if formally to the Government for the purpose of allotment to him. In such cases price of land shall not be charged.] [Added by G.S.R. 35, Dated 4-3-1991; published in Rajasthan Gazette Part 4(Ga) (I), Dated 7-3-91, p. 100.] (2) [ Notwithstanding anything contained in sub-rule (1) conversion of agricultural land for non-agricultural purposes shall not be allowed in the area not shown as reserved for industries in the approved or Draft, master plan, if any, prepared for the city or town or within Municipal limits of a city or town except prior consultation with Town Planning Department of the State Government in the cities of Ajmer, Bikaner, Ganganagar, Udaipur, Jaipur, Kota, Jodhpur, Alwar, Beawar, Bharatpur, Bhilwara, Pali, Sikar, Mount Abu, Jaisalmer, Hanumangarh and Chittorgarh:] [Substituted by G.S.R. 29, Dated 14-4-1988; published in Rajasthan Gazette Part 4(Ga) (I), Dated 21-7-88, p. 73.] [Provided that a Tourism unit may also be allowed to be set up in any industrial area under the master plan.] [Inserted by G.S.R. 46, Dated 8-5-1997; published in Rajasthan Gazette Part 4(Ga) , Dated 3-7-97, p. 75(4).] (3) Conversion of agriculture land for the establishment of a factory or a mill shall be allowed only if an industrial area within the master-plan limits is not available, if an industrial area is available, the industry should be allowed to be set-up within the area: [Provided that a Tourism unit may be established in an industrial area under the master plan or in any area, in consultation with Town Planning Department.] [Inserted by G.S.R. 46, Dated 8-5-1997; published in Rajasthan Gazette Part 4(Ga) , Dated 3-7-97, p. 75(4).] (4) If the person holding land for the purpose of agricultural himself wishes to set-up a small industry such as chaff-cutting machine, flour mill or the like on a portion of his holding, he may apply for using the land for such a non-agriculture purpose under the Rajasthan Land Revenue (Conversion of Agricultural into Non-agricultural Land) Rules, 1961. | ### 11A. [ Allotment of land to the Rajasthan State Industrial Development and Investment Corporation Ltd. [or Rajasthan Tourism Development Corporation.] [Inserted by G.S.R. 80, Dated 23-12-1983; published in Rajasthan Gazette Extraordinary Part 4(Ga) (I), Dated 2-1-84, p. 206.] - Land shall be allotted to the Rajasthan State Industrial Development and Investment Corporation Ltd. [or Rajasthan Tourism Development Corporation] [Inserted by G.S.R. 46, Dated 8-5-1997; published in Rajasthan Gazette Part 4(Ga) , Dated 3-7-97, p. 75(4).] for setting up and developing Industrial Areas, on the following terms and conditions:- (i) The land shall be allotted on lease hold basis for a period of 99 years: (ii) [ The premium to be charged for the allotment of government land for industrial purposes shall be equivalent to the prevailing market price of the same class of agricultural land in the vicinity and shall be determined accordingly by the Colonization Commissioner in the Rajasthan Canal Project Colony Area and by the Collector concerned in other areas: [Substituted by Rajasthan Notification No. G.S.R. 36, dated 20.6.2017 (w.e.f. 2.1.1960).] Provided that no premium for allotment shall be charged from Rajasthan State Industrial Development and Investment Corporation where the land has been purchased by the Rajasthan State Industrial Development and Investment Corporation or acquired for Rajasthan State Industrial Development and Investment Corporation after its incorporation and the compensation is paid by the Rajasthan State Industrial Development and Investment Corporation.] [Provided [further] [Inserted by G.S.R. 35, Dated 4-3-1991; published in Rajasthan Gazette Part 4(Ga) (I), Dated 7-3-91, p. 100.] that no premium for allotment [\*\*\*] [Deleted 'or conversion' vide Notification No. F. 6(6) Rev-6/2001/28, dated 6.10.2003 (w.e.f. 2.1.1960).] shall be charged from Rajasthan State Industrial Development and Investment Corporation Ltd. [or Rajasthan Tourism Development Corporation] [Inserted by G.S.R. 46, Dated 8-5-1997; published in Rajasthan Gazette Part 4(Ga) , Dated 3-7-97, p. 75(4).] where the land has been purchased by Rajasthan State Industrial Development and Investment Corporation Ltd. [or Rajasthan Tourism Development Corporation] [Inserted by G.S.R. 46, Dated 8-5-1997; published in Rajasthan Gazette Part 4(Ga) , Dated 3-7-97, p. 75(4).] or acquired for Rajasthan State Industrial Development and Investment Corporation Ltd. [or Rajasthan Tourism Development Corporation] [Inserted by G.S.R. 46, Dated 8-5-1997; published in Rajasthan Gazette Part 4(Ga) , Dated 3-7-97, p. 75(4).] [after its incorporation] [Inserted by G.S.R. 26, Dated 6-7-1995; published in Rajasthan Gazette Extraordinary Part 4(Ga) (I), Dated 10-7-95, p. 55(2).] and the compensation is paid by Rajasthan State Industrial Development and Investment Corporation Ltd. [or Rajasthan Tourism Development Corporation] [Inserted by G.S.R. 26, Dated 6-7-1995; published in Rajasthan Gazette Extraordinary Part 4(Ga) (I), Dated 10-7-95, p. 55(2).] ] [Provided that the premium to be charged for the allotment of Government Land for RIICO Ltd for Industrial purpose shall be equivalent to 25% of the prevailing market price of the same class of agricultural land in the vicinity since 15.11.2002 and shall be determined accordingly, by the Colonisation Commissioner in the Rajasthan Canal Project Command Area and by the Collector concerned in other areas.] [Inserted vide Notification No. F6(6) Rev. 6/94 Part/13 dated 10.3.2003, published in Rajasthan Gazette Part dated 27.3.2003 (w.e.f. 2.1.1960).] (iii) Lease rent shall be payable at the rate of Re. 1/- per acre per annum; (iv) The Rajasthan State Industrial Development and Investment Corporation Ltd. [or Rajasthan Tourism Development Corporation] [Inserted by G.S.R. 46, Dated 8-5-1997; published in Rajasthan Gazette Part 4(Ga) , Dated 3-7-97, p. 75(4).] may sub-lease the leased land or part thereof, for industrial purpose [including essential welfare and supporting services: [Inserted by G.S.R. 83, Dated 4-11-1991; published in Rajasthan Gazette Part 4(Ga) (I), Dated 9-1-1992, p. 153.] Provided that in the case of Diamond and Gem Development Corporation to whom the land has already been leased out by RIICO for 90 years, the sub-lessee i.e. DGDC may further sublet and the terms and conditions and other provisions contained in the rules in so far as they relate to RIICO shall mutatis mutandis apply to DGDC also as if the land in question has been let out to them by State Government and rule 11-A ibid.] [Provided further that where land was allotted and converted in favour of Rajasthan State Industrial Development and Investment Corporation Ltd. [or Rajasthan Tourism Development Corporation] [Inserted by G.S.R. 26, Dated 6-7-1995; published in Rajasthan Gazette Extraordinary Part 4(Ga) (I), Dated 10-7-95, p. 55(2).] after its incorporation for industrial purpose but land was used for essential welfare and supporting services, such allotment and conversion shall be deemed to be for industrial purpose.] [(vi-a) The sub-lessee of the Rajasthan State Industrial Development and Investment Corporation Limited may Further sub-leased land or part thereof on such terms and conditions as may he mutually agreed between such sub-lessee and subsequent sub-lessee. The terms and conditions applicable to sub-lessee shall also mutalis mutandis apply to such subsequent sub-lessee:] [Inserted vide Notification No. F. 6(6) Rev. 6/94/37, dated 12.10.2000, published in Rajasthan Gazette Extraordinary Part 4(Ga)(1), dated 20.10.2000.] (v) The Rajasthan State Industrial Development and Investment Corporation Ltd. [or Rajasthan Tourism Development Corporation] [Inserted by G.S.R. 46, Dated 8-5-1997; published in Rajasthan Gazette Part 4(Ga) , Dated 3-7-97, p. 75(4).] may levy and recover such lease rent and other charges as may be determined by it, in respect of the lands sub-leased by it; (vi) The periods of the sub-leases by the Rajasthan State Industrial Development and Investment Corporation Ltd. [or Rajasthan Tourism Development Corporation] [Inserted by G.S.R. 46, Dated 8-5-1997; published in Rajasthan Gazette Part 4(Ga) , Dated 3-7-97, p. 75(4).] shall be determined by it, but shall not exceed 99 years, in all, in any case; (vii) The land shall revert to the Government free of all encumbrances and without payment of any compensation in case the Rajasthan State Industrial Development and Investment Corporation Ltd. [or Rajasthan Tourism Development Corporation] [Inserted by Inserted by G.S.R. 46, Dated 8-5-1997; published in Rajasthan Gazette Part 4(Ga) , Dated 3-7-97, p. 75(4).] or any of its sub-lessees, use it for any purpose other than industrial [including essential welfare and supporting services] [Inserted by G.S.R. 83, Dated 4-11-1991; published in Rajasthan Gazette Part 4(Ga) (I), Dated 9-1-1992, p. 153.] , or commit breach of any other condition of the lease or sub-leases; (viii) The sub-lessees of the Rajasthan State Industrial Development and Investment Corporation Ltd. [or Rajasthan Tourism Development Corporation] [Inserted by G.S.R. 46, Dated 8-5-1997; published in Rajasthan Gazette Part 4(Ga) , Dated 3-7-97, p. 75(4).] shall continue to be governed by all other terms and conditions prescribed in these rules, and any other analogous rules that may be promulgated or orders that may be issued, in this behalf by the State Government.] ### 11B. [ Allotment of land to the Udhyam Protsahan Sansthan. [Inserted by Notification No. G.S.R. 150, dated 22.2.2016 (w.e.f. 2.1.1960).] - Land shall be allotted to the Udhyam Protsajam Sansthan for the purpose of setting up of Common Effluent Treatment Plant (CETP) and related activities on the following terms and conditions:- (1) The land shall be allotted on least hold basis initially for a period of 10 years which shall be one time extendable for a period of 5 years; (2) The land shall be allotted free of cost; (3) Lease rent shall be payable at the rate of Rs. 1 per acre per annum; (4) Land shall be used strictly for the purpose for which it is allotted; (5) The Udhyam Protsahan Sansthan, may sub-lease the leased land or part thereof to others with prior approval of the Allotting Authority for setting up of Common Effluent Treatment Plant and related activities, however, the sub-lessee shall not further sub-lease the leased land or part thereof to others. (6) The sub-lease shall pay lease rent Rs. 2500/-per hectare per annum and the leased rent shall be increased by 5% after every 5 years; (7) The period of the sub-lease shall be 10 years which shall be extendable up to 5 years but such periods shall not exceed 15 years in all, in any case; (8) The land shall be revert to the Government free of all encumbrances in case lessee and any of it's sub-lessees use it for any other purpose and after the expiry of lease/ sub-lease period; (9) The lease rent and all other charges shall be deposited in Revenue Head 0029 by the lessee and all sub-lessee; (10) The lessee Udhyam Protsahan Sansthan may levy Rs. 250/- per hectare per annum from sub-lessee which shall be deposited in the head of Udhyam Protsahan Sansthan as administrative expenses; (11) The leased land shall not be mortgaged by lessee and sub-lessee in any case; (12) The lessee and sub-lessees shall be governed by all other terms and conditions prescribed in these rules and any other analogous rules that may be promulgated or orders that may be issued, in this behalf by the State Government; and (13) No commercial activities shall be carried out either by the lessee or sub-lessee in any form.] ### 12. [] [Inserted by G.S.R. 80, Dated 23-12-1983; published in Rajasthan Gazette Extraordinary Part 4(Ga) (I), Dated 2-1-84, p. 206.] Allotment of land by Rajasthan State Industrial Development and Investment Corporation Ltd. [or Rajasthan Tourism Development Corporation] [Inserted by G.S.R. 46, Dated 8-5-1997; published in Rajasthan Gazette Part 4(Ga) , Dated 3-7-97, p. 75(4).] . - The Rajasthan State Industrial Development and Investment Corporation Ltd. Jaipur [or Rajasthan Tourism Development Corporation] [Inserted by G.S.R. 46, Dated 8-5-1997; published in Rajasthan Gazette Part 4(Ga) , Dated 3-7-97, p. 75(4).] shall be empowered to make allotment in accordance with the Rajasthan State Industrial Development and Investment Corporation disposal of Land Rules, 1979 [or any other rules framed by the RIICO or RTDC for the purpose] [Inserted by G.S.R. 46, Dated 8-5-1997; published in Rajasthan Gazette Part 4(Ga) , Dated 3-7-97, p. 75(4).] of vacant plots to entrepreneurs in the Industrial Areas notified by the State Government and transferred to the said Corporation. The Corporation shall also be authorised to execute lease deeds, realise development charges, lease rent and other dues from the entrepreneurs to whom plots have already been allotted in accordance with the provisions of these rules, and to take any consequential or residuary action in regard to the plots allotted to the entrepreneurs. [Provided that the Rajasthan State Industrial Development and Investment Corporation Ltd. [or Rajasthan Tourism Development Corporation] [Inserted by G.S.R. 80, Dated 23-12-1983; published in Rajasthan Gazette Extraordinary Part 4(Ga) (I), Dated 2-1-84, p. 206.] shall be empowered to grant written permission to the lessee for transfer of rights or interest in the land in respect of the plots/land located in the Industrial Areas notified by the State Government and transferred to the said Corporation. Provided further that any permission granted or action taken for transfer of rights or interest in the plots/land by the Rajasthan State Industrial Development and Investment Corporation Ltd. [or Rajasthan Tourism Development Corporation] [Inserted by G.S.R. 46, Dated 8-5-1997; published in Rajasthan Gazette Part 4(Ga) , Dated 3-7-97, p. 75(4).] , after 13-7-1982 in respect of the plots/land situated in the Industrial Areas and transferred to the said Corporation shall be deemed to be valid under the first proviso to this rule.] ### 13. [ \*\*\*] [Deleted vide Notification No. F 6(54) Rev/6/2001/28 dated 6.10.2003 published in Rajasthan Gazette Part IV-O, dated 23.10.2003.] | | | --- | | 13. [ Status of land on conversion/reversion. [Inserted by G.S.R. 110, Dated 25-11-1987; published in Rajasthan Gazette Part 4(Ga) (I), Dated 31-12-87, p. 402.] - (1) In all cases in which an applicant applies for conversion of agricultural land for industrial purposes he shall be deemed to have surrendered his tenancy rights upon such conversion but the lessee or his transferee, as the case may be, shall have the right to revert to the original use of the whole land leased out. In case he is unable to set up the industry within the stipulated period and in such a case the land shall revert back to the lessee and on such reversion the status of the land shall be the same as it was at the time of conversion, but he shall not be entitled to get refund of any amount paid by him for the conversion or otherwise: [Provided that in cases where the land so converted for industrial use has already been resumed by the State Government before the coming into force of the sub-rule on account of failure of the applicant to set up industry within the stipulated period, the State Government in the Revenue Department may, on being satisfied on the merits of the case, allow such land to be restored back to the original owner without payment of any compensation to him and on such restoration the status of the land shall be the same as it was prior to conversion.] (2) In case of allotment of land for industrial purposes the land shall revert back free from all encumbrances to the State Government on the expiry of the lease period.] | ### 13A. [ Regularisation of Land. [Added vide Notification No. F 6(31) Rev.6/2001/28 dated 2.5.2000 published in Rajasthan Gazette Part IV-C dated 6.5.2000.] - Any Government agricultural land which is used for industrial purpose without proper allotment upto dated 5.7.1994 may be regularised on the payment of prevalent highest market price of land in the neighbourhood and with an additional penalty equal to five times of the prevailing market pride of Land. Provided also that in town or village that are not municipalities and the population where of does not exceed eight thousand such penalty shall not exceed the prevailing market price of the Land.] ### 14. [ Change in purpose of conversion. [Inserted by G.S.R. 72, Dated 9-11-1995; published in Rajasthan Gazette Part 4(Ga) (I), Dated 15-11-95, p. 135.] - If a person, after conversion of his khatedari land for industrial purposes intends to use such land or part thereof for any other non-agricultural purpose, he shall be able to do so without reverting it to its original status, subject to the following conditions, namely:- (1) [ Any person who has surrendered his khatedari land and got the land allotted on lease for the setting up of an industry may at anytime apply to the Collector for reverting the land for the original use. In such case, the Collector shall pass an order for reversion and on such reversion the status of the land shall be the same as it was before he had surrendered his khatedari rights, but he shall not be entitled to get refund of any amount paid by him for the conversion or otherwise. If the person whose land was reverted to original use intends to use the said land for other non agricultural purpose, he may apply to appropriate authority for conversion under the relevant rules.] (2) The applicant shall deposit the difference of amount of premium payable under the relevant rules but he shall not be entitled to get refund of any amount paid by him for the conversion of otherwise as premium.] Repeal. - These rules are hereby repealed to the extent they are applicable to the conversion of Agricultural land for Non- agricultural Purposes in Rural Areas. See Rule 20 of the Rajasthan Land Revenue (conversion of Agricultural Land for Non- Agricultural Purpose in Rural Areas) Rules, 1992. Form A Form 'A' not traced [Form B] [Added 'form' by dated 10.4.2001.] [See rule 2(c) ] Application for allotment of land for industrial/tourism unit [To The Allotting Authority,Revenue Department]OrDirector Industries/TourismOrCollector of the District Sir, I/We hereby apply under Rule 2 of the Rajasthan Land Revenue (Industrial Areas Allotment) Rules, 1959, for allotment of Government land or Khatedari land duly surrendered under the relevant provision and allotment of the same for industrial area or for tourism unit. Particulars whereof are given hereunder - ### 1. Name/Name of khatedar tenant with father's/husband's name and complete address. ### 2. Particulars of lands: (1) Name of town/city and name of Tehsil; (2) Khasra No. of land alongwith total areas of each Khasra No. (enclosed two certified copies of each Jamabandi); (3) Area; (4) Soil Classification; (5) Means of Irrigation. if any, with details; (6) Govt. land or Khatedari land duly surrendered, details of surrender; ### 3. Purpose of allotment; ### 4. In case of khatedari land. whether land is declared surplus or proceedings are pending under the Rajasthan Imposition of Ceiling on Agricultural Holding Act, 1973 (Act No. 11 of 1973 ), or under repealed Chapter III-B of Rajasthan Tenancy Act, 1955; ### 5. Whether the khatedari land is under acquisition under the Land Acquisition Act, 1894; ### 6. Distance from Railway line, National Highway, State Highway or any other road (in meters); ### 7. Distance from the municipal limits of Town/City; ### 8. Rate of development chages and price payable/rate of premium payable; ### 9. No & date of challan making the payment of development charges etc. (enclosed original challan copy); ### 10. Project cost (enclosed map and other relevant document for establishing industry/tourism unit); ### 11. Any other relevant information; I/We hereby certify that the above particulars are correct according to my/our knowledge. Place Yours faithfully,Signature of applicant. Name of applicant. This application shall invariably be accompanied by the following - (a) Two certified copy of latest Jamabandi; (b) Two certified copy of relevant part of revenue map showing the land to be allotted in red ink; (c) Original copy of challan. Received a complete application in prescribed performa for allotment of land for industrial/tourism unit alongwith the documents stated below - List of documents: - (a) (b) (c) (Signature) Prescribed Authority. [Substituted 'To The Allotting Authority, Industrial Department/Toruism Deptt.' by Rajasthan Notification No. G.S.R. 64, dated 6.9.2011 (w.e.f. 2.1.1960).]

65bad173ab84c7eca86ec8d6

acts

State of Jharkhand - Act -------------------------- Baba Baidyanath Dham-Basukinath Shrine Area Development Authority Act, 2015 ----------------------------------------------------------------------------- JHARKHAND India Baba Baidyanath Dham-Basukinath Shrine Area Development Authority Act, 2015 ============================================================================= Act 6 of 2016 --------------- * Published on 1 January 2016 * Commenced on 1 January 2016 Baba Baidyanath Dham-Basukinath Shrine Area Development Authority Act, 2015 (Act No. 6 of 2016 ) An Act to promulgate The Baba Baidhyanath Dham-Basukinath Shrine Area Development Authority Act 2015 Shrawani Mela is a religious and cultural fair and is held every year in Deoghar and Basukinath (Dumka) in the State of Jharkhand wherein along with local people, lakhs of pilgrims from within the country as well as from abroad, participate. Apart from that a large number of pilgrims visit this combined shrine area throughout the year. It has been felt by the State Government that an authority should be constituted for development, regulation and management of Shrine area of Baba Baidyanath Dham and Basukinath Dham including Shrawani Mela held in the month of Shrawan (mostly in the month of July-August) with participation of officials as well as non-official members. BE it enacted by the Legislative Assembly of the State of Jharkhand in the Sixty sixth Year of the Republic of India, as follows:- Chapter-1 ### 1. Short title, extent and commencement. - i. This Act may be called the Baba Baidyanath Dham-Basukinath Shrine Area Development Authority Act, 2015. ii. It shall extend to the whole Baba Baidyanath Dham Area including temple complex, Basukinath Dham temple complex, mela area of the districts of Deoghar and Dumka (Basukinath) and any other area notified by the Government of the State of Jharkhand. iii. It shall come into force on such date as the State Government may, by notification in the official gazette, appoint in this behalf. ### 2. Definition. - In this Act, unless there is something repugnant to the subject or context:- (a) Shrine Area: means the Baba Baidyanath Dham temple complex, Basukinath Dham temple complex, other area and locations where pilgrims come, stay, visit and profess religious, cultural, traditional sanskara or any related activities including Mela area. (b) Mela: means Shrawani Mela notified by State Government for management through the Baba Baidyanath Dham-Basukinath Shrine Area Development Authority Act. (c) Authority: means Baba Baidyanath Dham-Basukinath Shrine Area Development Authority constituted under section-3 of the Act. (d) Pilgrim: includes the person, who visits a place of pilgrimage with the object, among others, of performing such rites as are usually performed by pilgrims. (e) Chief Minister: means the Chief Minister of Jharkhand. (f) Minister: means a member of State Cabinet. (g) Commissioner: means the Divisional Commissioner of Santhal Pargana (Dumka). (h) Secretary: means Principal Secretary/Secretary of a Department of the State Government: (i) Deputy Commissioner: means District Magistrate-cum-Deputy Commissioner of the District. (j) Superintendent of Police: means Superintendent of Police of the District. (k) Additional District Magistrate: means an officer of Indian Administrative Service/State Administrative Service authorised by the state government to perform the duties of Additional District Magistrate under CrPC. (l) Additional Superintendent of Police: means an officer of Indian Police Service/State Police Service authorised by the state government to perform the duties of Additional Superintendent of Police. (m) Sub-Divisional Officer: means an officer duly appointed by the State Government for the Sub-Division (n) Member of Parliament: means Duly elected Member of Lok Sabha, representing a particular Lok Sabha constituency. (o) Member of Legislative Assembly: means duly elected Member of a Legislative Assembly constituency. (p) Prescribed: means prescribed by rules made under this Act. (q) Regulation: means regulation made by the Authority under this Act. (r) Rules: means rules made by the Authority under this Act. Chapter II Constitution of Authority ----------------------------------------- ### 3. Constitution of Authority. - i. With effect from such date as the State Government may, by notification in the Official Gazette, appoint in this behalf, there shall be constituted, for the purpose of this Act, an Authority, to be called Baba Baidyanath Dham - Basukinath Shrine Area Development Authority. ii. The Authority shall be constituted with the following members:- A. Chief Minister - Chairman B. Minister holding the Charge of Tourism, Art Culture, Sports and Youth Affairs Department/Ministry - Vice Chairman C. Chief Secretary - Vice Chairman D. Secretary, Finance and Planning - Member E. Secretary, Home, Prisons and Disaster Management - Member F. Secretary, Health - Member G. Director General of Police - Member H. Commissioner, Santhal Pargana - Member cum CEO of Authority I. Deputy Commissioner, Deoghar - Member J. Deputy Commissioner, Dumka - Member K. Deputy Inspector General of Police, Santhal Pargana - Member L. Mayor, Deoghar Municipal Corporation - Member M. Head of Basukinath Nagar Panchayat - Member N. Secretary, Tourism, Art Culture, Sports and Youth Affairs Department - Member Secretary O. Members of Parliament of Lok sabha Constituency where Baba Baidyanath and Basukinath Temple are situated - Members P. Members of Legislative Assembly where Baba Baidyanath and Basukinath Temple are situated - Members Q. Chairman, Jharkhand Hindu Religious Trust Board, or his representative - Member R. Head of Panda Dharma-rakshini Sabha (located at Deoghar) and one more representative - Members S. One representative of any existing society of Panda (priests) of Basukinath Dham - Member T. Two eminent and distinguished Non-Government Persons, who evince interest in development of Shrine area of Baba baidyanath and Basukinath area, to be nominated by State Government, for three years. - Members iii. If the Chairman or Any of the other members mentioned in section 3(ii) or in section 21 be not a Hindu, the state government may nominate any eminent person professing Hindu religion, holding similar status and discharging similar duties. iv. The Baba Baidyanath Dham - Basukinath Shrine Area Development Authority ("Authority" in brief) may associate with itself in such manner and for such purposes as may be determined by regulations, any person whose assistance or advice it may desire in complying with any of the provisions of the Act and a person so associated shall have the right to take part in the discussion of the Authority relevant to the purpose for which he has been associated but shall not be entitled to vote. v. The Authority shall be responsible for development of the Shrine area with particular reference to the welfare, safety, security and provision of facilities to pilgrims and visitors and may from time to time deliberate and take initiative on, welfare of and facility to pilgrims and visitors, policy, direction, implementation; ways to augment resources including revenue from Mela and Temple, Outsourcing, Financial management, Security and other matters of importance and utility for Mela and temple and advise and direct the Divisional and district level administrative officers as well as officers of all departments related to administration and management of Temple and Mela. vi. The Headquarter of the Authority shall be located at Deoghar (Santhal Pargana). ### 4. Powers and functions of the Chairman and Vice-Chairman of the Authority. - I. The chairman of the authority shall, in addition to presiding over the meetings of the authority, exercise and discharge such power and function of the authority which are delegated to him by the authority. In case of any emerging requirement, the Chairman shall be competent to take any decision on the issues related to the purpose of the Authority, but the same shall be discussed and ratified by the authority. II. The Vice-Chairman of the authority shall exercise and discharge such powers and functions as may be prescribed or as may be delegated to him by the chairman. ### 5. Removal of members from their office. - The State Government may remove from the authority any member who in its opinion- (a) refuses to act ; (b) has become incapable to act ; (c) has so abused his office as to render his continuance in office detrimental to the public or Government interest; or (d) is otherwise unsuitable to continue as a member. ### 6. Chief Executive Officer and Additional District magistrate, Additional Superintendent of Police & Other officers. - i. There may be Additional District Magistrate duly notified by the Government who will assist CEO and work under district Magistrate and also manage the affairs of authority under the guidance of CEO. ii. There shall be one Additional Superintendent of Police, duly notified by the Government who will be working under the Superintendent of police. iii. For the Shrine area, the government may further notify Sub-Division & Police stations, recommended by Authority for any such period, which the government feels expedient to do so, and also depute additional sub divisional magistrates and additional sub divisional police officers for such period. ### 7. Meetings of the Committees. (1) The Authority shall meet at least twice during the year, provided that at least one meeting must be held three months prior to the commencement of Shrawani Mela. (2) The Authority may meet at any time and convene meetings keeping in view the commencement of Shrawani mela and/or as and when desired by the Chairman. Chapter III Powers and Functions of the Authority ------------------------------------------------------ ### 8. Powers and Functions of the Authority. - I. The Authority may take decision as the case may be, for proper functioning, development, regulation and management of Shrine Area, with particular reference to the welfare, safety, security and provision of facilities to pilgrims and visitors. II. The Authority may direct and decide policy for the augmentation of revenue sources, arrangement of fund, by grants, outsourcing, Government or other sources. III. Impose entry & Toll fees- The Authority shall have powers to impose an entry fee and surcharge for the any period, on mechanical transport, lodging houses, retail shopkeepers' advertisements, entertainment programmes (theatre, Circus etc) and such items as the authority deems fit, to be specified by the Authority from time to time, and may or may not be same for various activities or locations. It also includes tolls on any vehicle or animal entering into or any person bringing goods or sale into such area. It also includes fees on registration of animals sold within such area. IV. Power to provide amenities: The Authority shall be responsible and shall provide amenities to the visitors, pilgrims, persons or associations, group of persons, associated with Shrine area including mela and shall have the power to impose user fee for the same. V. The Authority may undertake charitable functions for the benefit of pilgrims, poor and destitute and any other such people related to affairs of Shrine Area. VI. The Authority shall have powers to advise and direct the Divisional and district level administrative officers as well as officers of all departments related with development, administration and management of Shrine Area. VII. The Authority shall prepare, for the Shrine area, any master plan and make regulations for imposition of restrictions on such activities, which may be detrimental to the conduct of pilgrim affairs as well as danger to human beings and animals. VIII. Power to License - The authority, may, by rule, prescribe fees on payment of which any condition subject to which any person or class of persons may be licensed to ply any profession, trade or calling in the Shrine Area. ### 9. Special Powers of the Authority. - The Authority shall have powers to make recommendations to the State Government for bringing any new area or activities related to pilgrimage, or any such functions under its authority, considering its cultural, social and religious importance or on the basis of receipt of information in this regard from other sources. ### 10. Control and Guidance. - During mela period or implementation of activities falling under the jurisdiction of Authority, Divisional, district and other field level officers and employees of all departments of the State Government as well as officers and personels of local bodies associated with development of Shrine Area including management of mela, will act under the guidance of Authority. ### 11. Recommendation for taking action. - The Authority shall have powers to recommend action against any officer or employee of the State Government associated with the development of Shrine area including management of mela, according to the prevailing Act and Rules made by the State Government, in this regard. ### 12. Powers to make Rules. (1) The Authority may make rules generally for carrying out the purposes of this Act, and in particular for : i. The work distribution of employees deputed to the Authority ii. Sanitation in Shrine area, iii. Smooth conduct of Mela (2) The rules made by the Authority shall be applicable after its ratification by the state government. Chapter IV Power and Function of Chief Executive Officer & Additional District Magistrates and Additional Superintendent of Police --------------------------------------------------------------------------------------------------------------------------------------- ### 13. The Chief Executive Officer (CEO) . - The State Government shall confer the power of District Magistrate defined under Cr.P.C. 1973 for Shrine area as well as other powers to CEO to regulate the Shrine Area including the mela. ### 14. The CEO shall function and discharge all the duties conferred upon him by the authority. ### 15. The CEO shall have, apart from any other function, following powers and duties: (a) To take stock of Law & Order situation and make proper arrangements for requisite precautionary measures as well as deputations of magistrate & police force in consultation of DC, SP as well as DIG of the concerning Jurisdiction. (b) To impose toll on any vehicle or animal entering into, or any person bringing goods for sale into such area and to impose any other fee on registration of commercial activities within Shrine area, after consulting the Authority. (c) To temporarily allot any government space for various purposes directly or indirectly related to the affairs of the Shrine area, falling under Shrine area in the manner, duly discussed and passed by the authority. This shall include following activities: i. Religious societies with which the Shrine area is connected. ii. Social and other societies and organisation. iii. Officials iv. Market places v. Latrines, urinals and rubbish heaps vi. Bathing Places vii. Recreation and entertainment and viii. Any other Exhibitions and demonstration (d) To liaison with Local non-governmental organizations, public representatives, government officials, local authorities and state government. (e) To demolish any structure in case of an outbreak of fire in a manner so that the loss to the affected person or organization is minimum. (f) To implement any penalty prescribed in the Act. (g) To delegate any or such powers to the other officers, duly notified for the purpose specified, by the government for any period, in Shrine area. ### 16. Subject to the rules made under sub-section 12(i) , the CEO may give appropriate directions against the outbreak or spread of fire, and particularly for the following purposes : i. Providing for the safety of buildings and structures put up in the Shrine area, and of articles brought in the shrine area. ii. Prescribing conditions subject to which huts and other structure may be constructed including limits to the height of such huts or a structure and the area on which they are to be built and distances between them. iii. Providing for the supply of sand and jars of water at each point or elsewhere, and iv. Restricting the use of fires, for cooking or for any other purpose. ### 17. The Chief Executive Officer may remove any unauthorised construction which is not in consonance with master plan of the Shrine area, and the cost of such removal may be recovered from the person making such construction, as an arrear of land revenue. ### 18. The CEO or the officers to whom this power is duly delegated by CEO, shall have powers to penalise the person as per Sec 23 of the Act. ### 19. Powers and Functions of Additional Superintendent of Police (ASP) . - The Additional SP shall have following powers and duties: (a) To act under the guidance of SP of the district. (b) To assist the CEO for any affair, which he feels expedient to be assisted, for conduct of affairs of Authority including mela. (c) To implement the decisions of Authority.. (d) To suggest to Authority for creation of Police sub-divisions, local police stations, in Shrine area, in consultation with District Magistrate, for the purpose of Law and Order Maintenance, whereas the regular criminal investigation affairs shall remain with the original police station. (e) To coordinate with the local administration and the authority. ### 20. Powers and Functions of Additional District Magistrate. - The Additional District magistrate has following power and duties. (a) To act under the guidance of District magistrate in the Shrine area including mela area. (b) To assist the CEO for any affair, which he feels expedient to be assisted. (c) To implement the decisions of Authority. (d) To suggest to Authority for creation of Police sub-divisions, local police stations, in Shrine area, in consultation with District Magistrate, for the purpose of Law and Order Maintenance, whereas the regular criminal investigation affairs shall remain with the original police station. (e) To coordinate with the local administration and the authority. Chapter V Formation of Executive Council --------------------------------------------- ### 21. There shall be an executive council for the execution and implementation of the decision taken by the authority under the Chairmanship of CEO. (1) The executive council consists of following members. i. Divisional Commissioner, Santhal Pargana (Dumka) -cum-CEO- Chairman ii. DIG, Santhal Pargana (Dumka) - Member iii. Deputy Commissioner, Deoghar - Member iv. Deputy Commissioner, Dumka - Member v. Superintendent of Police, Deoghar - Member vi. Superintendent of Police, Dumka - Member vii. Executive Engineer Deoghar - (Building, Road Construction Department, Drinking Water & Sanitation, Electricity, Rural Engineering Department) - Member viii. Municipal Commssioner, Deoghar Municipal Corporation - Member ix. Chief Executive Officer, Basukinath Nagar Panchayat - Member x. Civil Surgeon, Deoghar - Member (2) The Authority if so desire, may nominate two additional members. ### 22. Powers and functions of Executive Council. - The Executive Council shall have the following powers and functions: i. To implement the directives & decisions of Authority ii. To coordinate between the various departments iii. To advice & suggest the Authority on the matters and subjects related to Shrine Area. iv. Actual implementation of the projects or assist the schemes sanctioned and implemented by any other department in Shrine Area. Chapter VI Miscellaneous ----------------------------- ### 23. Penalties-Any Person who. (a) Makes any unauthorised construction, or (b) Uses any unauthorized place as latrine, urinal or rubbish dump, or (c) Plies any profession, trade or calling without a licence obtained under the provisions of section 8(viii) or commits a breach of the conditions of such licence, or (d) Contravenes any of the provisions of the Act of any rules made under the Act, or (e) disobeys any order or direction in writing lawfully under this Act, shall be punishable on conviction with a fine which may extend to Rs. 1,000 and where the offence is a continuing or recurring one with a further fine which may extend to Rs. 1,000 and where the offence is again a continuing or recurring one with a further fine which may extend to Rs. 100 for every day after the date of the first conviction during which the offender is proved to have persisted in such offence. (f) Wherever a person or a company or a firm or a society or any other body is found to contravene the provision of this Act, the officer appointed/nominated by the authority (Baba Baidyanath Dham - Basukinath Shrine Area Development Authority) in this regard may charge penalty. (g) If any body fails to deposit the penalty charged either by the competent authority or by the officer nominated/appointed for this purpose by the competent authority within the stipulated time, it shall be recovered by the competent authority under the provision incorporated for recovering in Bihar and Orissa Public demand recovery Act 1914. (h) Appeal - (i) An appeal shall lie against the order passed by the competent authority or the officer appointed/nominated for the purpose of the act under this Act to the appellate authority who will be the Divisional Commissioner, Santhal Pargana, whose decision on appeal shall be final. (ii) The appeal must be preferred within 30 days from the date of receipt of the order the appeal. In case of appeal received after 30 days from the date of receipt of the order, if the appellate authority thinks that appeal could not be filed within the said 30 days for some specific causes or conditions (illness or some other condition in which the appeal could not be filed), the appellate authority may accept the appeal after the said 30 days period. (iii) No appeal in any condition can be accepted after 90 day from the date of receipt of the order. ### 24. Functions of the Authority. - I. Without prejudice to the foregoing provisions of this Act, the authority in the discharge of its functions and duties under this Act shall be bound by such directions on questions of policy as the State Government may give, in writing, to it from time to time. II. The decision of the State Government shall be final and binding upon the Authority as well as on Executive Council. ### 25. Delegation of Power. - The Authority by an order in writing, may delegate to the Chairman or Vice-Chairman of the authority or CEO or any other member, subject to such conditions and limitations, if any, as may be specified in the order, such of its powers and functions under this Act as it may deem necessary ### 26. Authentication of orders. - All orders and decisions of the Authority shall be authenticated by the signature of the Chairman or any other member authorized by the authority in this behalf. ### 27. Protection of action taken in Good Faith. - No action will be taken, in respect of anything which is done or intended to be done in good faith under this Act. ### 28. Supersession of the Authority. - i. If, at any time, the State Government is of the opiniona- a) That on account of grave emergency, the authority is unable to discharge its function and duties imposed on it by or under the provisions of this Act; or b) That circumstances exist which render it necessary in the public interest to do; so the State Government may, by notification in the Official Gazette, supersede the Authority ii. Upon publication of a notification under sub-section (1) for superseding the authority, all the members shall, as from the date of supersession vacate their offices as such; iii. All the powers, functions and duties which may, by or under the provisions of this Act, be exercised and discharged by or on behalf of the authority, shall until the authority is reconstituted under sub-section be exercised and discharged by such person or persons as the State Government may direct in this behalf. iv. On the expiration of the period of supersession specified in the notification issued under sub-section (1) the State Government may, a) extend the period of supersession as it may consider necessary; or b) Reconstitute the authority within one year from supersession. ### 29. Power to make Regulations. - The authority, with the previous approval of the Government, by notification in the Official Gazette may make regulations consistent with this Act and the Rules, to carry out the purposes of this Act. ### 30. Administrative Department of the Authority. - The Administrative Department of the Authority shall be Department of Tourism, Art Culture, Sports and Youth Affairs, Government of Jharkhand, Ranchi. ### 31. Administrative arrangement of the authority. - Department of Tourism, Art Culture, Sports and Youth Affairs, Government of Jharkhand, Ranchi and Office of Commissioner, Santhal Pargana shall provide ministerial support to the Authority, by recruitment/deputation, for day to day functioning of authority. Chapter VII Finance, Account and Audit ------------------------------------------- ### 32. Constitution of Shrine Area Development and Management Fund. - There shall be a duly constituted fund to be called Shrine area development and management Fund (SADMF) and there shall be credited. i. Any grant and loan made to the Authority by the State or Central Government. ii. All the fees and surcharge receive by the Authority under this Act. iii. All sums received by the Authority from such other sources as may be decided by the State Government. iv. The donations received as per the guidelines of the Government of India and the State Government. v. Any other donations received by the Authority from any society, body or individual for development of Shrine Area. ### 33. Bank Account of the Authority. - The surcharge and entry fee will be deposited in any Nationalized Bank, in a separate Account. ### 34. Manner of collection of Surcharges and entry fee. - The surcharges and entry fee levied under section-8(iii) of the Act shall be collected and managed in such manner as may be determined by rules and regulations made under the Act. ### 35. Use of Shrine Area Development and Management Fund. - I. The Shrine Area development and management fund (SADMF) shall be utilized for meeting expenses of the Authority for discharging its functions under section-8 of this Act. II. The SADMF shall be used to meet expense for fulfilment of objects and purposes, authorized by the Authority. ### 36. Preparation of Budget. - The Authority, shall prepare, in such form and at such time of each financial year, as may be prescribed, its budget for the next financial year, showing the estimated receipts and expenditure of the Authority and forward the same to the Finance-cum-Planning Department of the Government of Jharkhand. ### 37. Annual Report. - The Authority shall prepare, in such form at such time of each financial year as may be prescribed, its annual report, giving a full account of its activities during the previous financial year and submit it to the Revenue Department of the State Government. ### 38. Accounts and Audit of Accounts. - I. Maintenance of account of the authority shall be responsibility of the secretary to the authority. II. The accounts of the fund received from the State Government shall be audited by Accountant General, Jharkhand as well as audit section of the department of finance and the audit report will be submitted to the authority. III. The annual account of the authority will be audited by any recognised charted accountant who will forward the same together with the budget to the revenue and land reforms department.