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65ba58ceab84c7eca86eb064	acts	State of Tamilnadu- Act ------------------------- The Criminal Law (Tamil Nadu Amendment) Act, 1997 --------------------------------------------------- TAMILNADU India The Criminal Law (Tamil Nadu Amendment) Act, 1997 =================================================== Act 47 of 1997 ---------------- * Published on 11 August 1997 * Commenced on 11 August 1997 The Criminal Law (Tamil Nadu Amendment) Act, 1997 Tamil Nadu Act 47 of 1997 Statement of Objects and Reasons. - In the Criminal Law Amendment Ordinance, 1944 (Central Ordinance XXXVIII of 1944), in the Schedule, item 2 provides for the attachment of the property of a person who has committed an offence under section 406 or section 408 or section 409 of the Indian Penal Code (Central Act XLV of 1860) in respect of the properties entrusted by Central or State Government, or any local authority. Item 4 of the Schedule provides for attachment of the property of a person who has committed an offence under section 417 or 420 of the Indian Penal Code (Central Act XLV of 1860), against a person who is in the Central or Slate Governments or in a local authority. 2. Now the Government have decided to enlarge the scope of the said Ordinance so as to attach any property of any person who has committed the offence under the said sections 405, 408, 409, 417 or 420 of the Indian Penal Code (Central Act XLV of 1860). 3. The Bill seeks to give effect to the above decision. Published in Part IV-Section 1 of the Tamil Nadu Government Gazette Extraordinary, dated the 22nd April 1997. Received the assent of the President on the 11th August 1997 and published in Part IV-Section 2 of the Tamil Nadu Government Gazette Extraordinary, dated the 12th August 1997. An Act to amend the Criminal Law Amendment Ordinance, 1944, in its application to the State of Tamil Nadu. Be it enacted by the Legislative Assembly of the State of Tamil Nadu 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 Criminal Law (Tamil Nadu Amendment) Act, 1997. (2) It extends to the whole of the State of Tamil Nadu. (3) It shall come into force at once. ### 2. Amendment of Central Ordinance XXXVIII of 1944. - In the Schedule to the Criminal Law Amendment Ordinance, 1944 (Central Ordinance XXVIII of 1944),- (1) in item 2, the expression beginning with the words "where the property" and ending with the words "department or authority" shall be omitted. (2) in item 4, the expression beginning with the words "where the person" and ending with the words "department or authority" shall be omitted.
65ba01d2ab84c7eca86ea703	acts	State of Andhra Pradesh - Act ------------------------------- Andhra Pradesh State Financial Corporation General Regulations, 2004 ---------------------------------------------------------------------- ANDHRA PRADESH India Andhra Pradesh State Financial Corporation General Regulations, 2004 ====================================================================== Rule ANDHRA-PRADESH-STATE-FINANCIAL-CORPORATION-GENERAL-REGULATIONS-2004 of 2004 ---------------------------------------------------------------------------------- * Published on 15 October 2004 * Commenced on 15 October 2004 Andhra Pradesh State Financial Corporation General Regulations, 2004 Published vide Notification No. G.O.Ms. No. 232, dated 15.10.2004 Last Updated 12th September, 2019 G.O.Ms. No. 232. - In exercise of the powers conferred by Section 48 of the State Financial Corporations Act, 1951 (LXIII of 1951), and in supersession of the Andhra Pradesh State Financial Corporation General Regulations, except as respect things done or omitted to be done before such supersession, the Board of Directors of the Andhra Pradesh State Financial Corporation, after consultation with the Small Industries Development Bank of India and with the previous sanction of the Government of Andhra Pradesh, hereby vide G.O.Ms.No.232 Industries & Commerce (IF. Cell) Department Dated: 15.10.2004 makes the following regulations, namely:- Chapter I INTRODUCTORY --------------------------- ### 1. Short Title and Commencement. (1) These Regulations may be called Andhra Pradesh State Financial Corporation General Regulations, 2004. (2) These Regulations shall come into force from the date of publication in the Official Gazette. ### 2. Definitions. - In these Regulations unless there is anything repugnant in the subject or context:- (a) "The Act" means the State Financial Corporations Act, 1951 (LXIII of 1951) as amended from time to time. (b) "Corporation" means the Andhra Pradesh State Financial Corporation. (c) "Depository" shall mean a depository as defined under clause (e) of sub section (1) of section 2 of the Depositories Act, 1996. (d) "In Writing" or "Written" mean and include printing, lithography and other modes of representing or reproducing words, information, instructions prepared in a formalised manner intended to be processed in a Computer system or Computer net work and may be in any form or stored internally in the memory of the Computer. (e) "Member" means a member of the Executive Committee constituted under sub-section (1) of section-18 or, as the case may be, any other Committee constituted under section-21. (f) "Register" means the register of shareholders kept in one or more books of the Corporation and includes the register of shareholders kept in computer floppies, diskettes, compact disk or any other electronic form under section 6 of the Act, "as also the register of beneficial owners maintained by a depository under section 11 of the Depositories Act, 1996". (g) "Beneficial owner" means the beneficial owners as defined under clause (a) of sub section (1) of Section 2 of the Depositories Act, 1996. (h) Words and expressions used herein and not defined in these Regulations but defined in the Act shall have the meanings respectively assigned to them in those Acts. CHAPTER-II Shares Of The Corporation ### 3. Shares - Movable Property. (a) The equity shares of the Corporation will be for the face value of Rs.100/- each. (b) The shares of the Corporation shall be movable property. ### 4. Allotment of Shares. - (i) Subject to the provisions of Section 4 of the Act, the Board shall allot shares on the basis of application made for the purpose. (ii) An application for allotment of shares may not be entertained unless an amount of at least 25 per cent of the full value has been paid with the application. (iii) The Board may make allotment to an applicant for shares either in full or in part, depending on the number of applicants from the class of shareholders to which he belongs. In so far as it is practicable, the Board shall make full allotment in respect of applications upto such number of shares as the Board may decide so that there may be as many shareholders of that class as possible and the allotment in respect of remaining applications shall be made in part, provided, however, that no allotment shall be made for a number of shares which is less than five, or which is not a multiple of five, and provided further that the number of shares that may be allotted to an applicant, shall in no case exceed such number of shares as may be allocated to the class of shareholders to which he belongs. (iv) The decision of the Board as to whether on a particular application for shares, there shall be full, partial or no allotment shall be final. (v) If a person to whom shares have been allotted fails to pay the balance of the full value of shares due on the shares allotted to him by the date mentioned in the letter of allotment for the payment of the same, the amount paid with the application may be forfeited and the allotment treated as cancelled and the Board may proceed to dispose of the said shares as if no allotment had been made in respect thereof. (vi) For the purpose of making the allotment, there shall be a Committee of the Board consisting of the Chairman, the Managing Director and one other Director who shall be appointed in this behalf by the Chairman. The Committee so constituted shall advise the Board in making allotments of shares. ### 5. Control over Shares. - Subject to the provisions of the Act and these Regulations, the Board shall decide any question relating to any matters pertaining to the shares other than those covered by specific Regulations hereafter, provided that nothing contained in this regulation shall apply to the shares held with a depository. The register of beneficial owners maintained by a depository under Section 11 of the Depositories Act, 1996, shall be deemed to be the Register of Share holders for the purpose of this regulation. ### 6. Parties who may not be registered as Shareholders. - Except as otherwise provided by these Regulations, no minor or person who has been found by Court of competent jurisdiction to be of unsound mind shall be entitled to be registered as a shareholder. ### 7. Joint Holding of Shares. - (i) Except in the case of individuals, the Corporation shall not recognize the joint holding of shares. (ii) In the case of firms, shares to be registered not in the name of firms but only in the names of the individual partners of the firms. The total number of joint holder shall not exceed three. ### 8. Share Register. - (i) The Corporation shall maintain, at its Head Office, a register of shareholders qualified by the Act to be registered therein either in manual or in accordance with and subject to the provisions of Information Technology Act, 2000 and the Rules made thereunder, in the format enclosed as at Annexure" A". (ii) Control over Shares and Registers. - Subject to the provisions of the Act and these Regulations and such directions as the Board may give from time to time, the register kept at the Head Office shall be maintained by and be under the control of the Board and the decision of the Board as to whether or not a person is entitled to be registered as a shareholder in respect of any share shall be final. Provided that nothing contained in this regulation shall apply to shares held with the depositories under the Depositories Act, 1996. (iii) A separate ledger shall be maintained in the share register for each class of shareholders referred to in Section-4 and 4A of the Act. (iv) (a) In the case of joint holders of any shares, their names and the other particulars required by clause 1 shall be grouped under the name of the first of such joint holders. (b) Nothing contained herein above in these Regulations shall apply to shares held with the depository under the Depository Act, 1996. (c) The register of beneficial owners maintained by a depository under section 11 of the Depository Act, 1996 shall be deemed to be register of shareholders. (d) A separate register shall be maintained for debentures and debenture holders. (v) In case if it is directed by the Board to register the shareholders in computer floppies or compact disk or any other electronic form contained particulars mentioned in clause (i), then it shall be under the custody of the officer as may be authorised by the Board and such officer shall only have an access to the key number, password of the compact disk and diskette floppy. (vi) A shareholder resident outside India shall furnish to the Corporation an address in India and such address when entered in the register shall be deemed to be his registered address for the purpose of the Act and these Regulations. ### 9. Trust not to be recognised. - The Corporation shall deal with the shareholders irrespective of whether they are full owners of their shares or trustees for some other person or persons. No notice of any trust expressed, implied or constructive shall be entered on the register, nor shall any trust be recognised by the Corporation. ### 10. Exercise of Right of Joint Holders. - If any share stands jointly in the names of two or more persons, the person first named in the register shall, as regards voting , receipt of dividends, service of notices and all or any other matter connected with the Corporation, except the transfer of the share, be deemed to be the sole holder thereof. ### 11. Inspection of Share Register. - (i) The share register maintained under Regulation 8, except when closed under the provisions of these Regulations, shall be open to the inspection of any shareholder free of charge at the Head Office of the Corporation during business hours subject to such reasonable restrictions as the Managing Director may impose, but so that not less than two hours in each working day may be allowed for inspection. (ii) A shareholder shall not have the right himself to make a copy of any entry in any such register, but may, except when the register is closed, require a copy of any such register or any part thereof on prepayment therefor at such rate as may be decided by the Managing Director from time to time with the approval of the Board for every hundred words or fractional part thereof required to be copied. (iii) Notwithstanding anything contained in clause (ii), any officer of the Government or the Small Industries Development Bank authorised in this behalf, shall have the right to make a copy of any entry in the register or require a copy of the register or any part thereof free of charge. ### 12. Closing of Share Register. - The Board may, after giving not less than seven days previous notice by advertisement, in the newspaper circulating in the place where the Head Office of the Corporation is situated, close the share register for such periods (not exceeding forty five days in all during any one financial year) as shall, in its opinion, be necessary but not exceeding 30 days at one time. ### 13. Share Certificates. - (i) Every share certificate shall be issued in the format enclosed as at Annexure "B", as modified by the Board from time to time. (ii) Every share certificate shall be signed on behalf of the Corporation by Managing Director besides one director duly authorised in this behalf by the Board and such signature may be printed, engraved, lithographed or impressed by such other process as the Board may direct. (iii) A signature so printed, engraved, lithographed or otherwise impressed shall be as valid as a signature in the proper handwriting of the signatory himself, provided that nothing contained in this regulation shall apply to the shares held with a depository. (iv) Every share certificate shall be issued under the Common Seal of the Corporation. ### 14. Issue of Share Certificate free of charge. - (i) The State Government and the Small Industries Bank shall each be entitled free of charge, to one certificate for all the shares registered in their names at each allotment. If any shares are allotted to the State Government and the Small Industries Bank in pursuance of sub-section (5) of Section-4, of the Act an additional certificate in respect of such shares shall also be issued free of charge to the State Government and the Small Industries Bank respectively. (ii) Every other shareholder shall be entitled, free of charge, to one certificate, for each 50 shares registered in his name and one additional certificate for the number of shares in excess of a multiple of 50 shares registered in his name at each allotment. A shareholder holding less than 50 shares shall be entitled, free of charge, to one certificate for all the shares registered in his name at each allotment. (iii) If any shareholder requires more certificates than the number to which he is entitled free of charge under this Regulation, he shall pay for each additional certificate, such sum as may be decided by the Managing Director from time to time with the approval of the Board. In the case of shares held jointly by several persons, delivery of the relative certificates to one of such joint holders shall be sufficient delivery to all and the receipt therefor signed by any one of the joint holders shall effectively bind all the joint holders. ### 15. Issue of duplicate/sub-division of Share Certificates. - (i) If any share certificate is worn out or defaced or tendered for sub-division, then upon production thereof to the Head Office of the Corporation, it may order the same to be cancelled and have a new certificate or certificates issued in lieu thereof. (ii) If any Share Certificate is alleged to be lost or destroyed, then after publication of such loss atleast once in any Newspaper circulating in the State of Andhra Pradesh and/ or upon production of such evidence of the loss or destruction thereof as the Board may consider satisfactory and upon such indemnity with or without security as the Board may require a new certificate in lieu thereof shall be given to the party entitled to such lost or destroyed certificate and the person availing himself of the provisions of all the expenses incidental to the advertisement and investigation of evidence of loss or destruction and the preparation of requisite form of indemnity as aforesaid. (iii) For every certificate issued under this Regulation, they shall be paid to the Corporation a sum of Rs.10/- or a sum as may be decided by the Managing Director from time to time with the approval of the Board. ### 16. Transfer of Shares. - (i) Subject to the restrictions contained in the Act and in these Regulations, shares except redeemable preference shares shall be transferable, but every transfer shall be in writing and in the form prescribed under the Companies Act, 1956 for transfer of shares. (ii) The instrument of transfer of shares, duly stamped and signed by the transferor and transferee or by any persons duly authorised to do so on their behalf shall be submitted to the Board together with the relative share certificate(s), and the transferor shall be deemed to remain the holder of such shares until the name of the transferee is entered in the Share Register. Each signature to such transfer shall be duly attested by one witness who shall sign giving his address and occupation. (iii) The above provisions in clauses (i) and (ii) of Regulation-16 shall also apply to transfer of debentures/bonds. (iv) Upon receipt by the Board of an instrument of transfer with a request to register the transfer, the Board shall, unless it refuses to register the transfer under sub-section (3) of section 5 of the Act , cause the transfer to be registered, at the rate fixed by Managing Director from time to time with the approval of the Board. ### 17. Power to suspend transfer. - The Board may suspend the registration of transfer during any period in which the register is closed. ### 18. Power to refuse recognition of instrument of Transfer. - (i) The Board may decline to recognize any instrument of Transfer unless: a. a sum of rupees 10/- or a sum as may be decided by the Managing Director from time to time with the approval of the Board is paid to the Corporation in respect thereof, which sum shall not, in any event, be refunded. b. the instrument of transfer is accompanied by the certificate of the shares/ debentures to which it relates; and c. the parties furnish such other evidence as the Corporation may reasonably require in connection with the transfer. (ii) Upon receipt by the Board of an instrument of Transfer with a request to register the transfer, the Board shall make such enquiry as it may consider necessary to satisfy itself that the transferee is qualified under the Act and these Regulations to be registered as a shareholder. ### 19. Transmission of shares/debentures in the event of death, insolvency etc of a shareholder/debenture holder/security holder". - (i) The executors or administrators of a deceased sole holder of the shares/debentures/ securities or the holder of a Succession Certificate issued under Part X of the Indian Succession Act, 1925, in respect of such shares/debentures/ securities or a person, in whose favour a valid instrument of transfer of such shares/ debentures / securities was executed by such a person or by the deceased share holder during the latter's life time, shall be the only person who may be recognized by the Corporation as having any title to the shares/debentures/ securities of the deceased shareholder/debentureholder/security holder. In the case of the shares/debentures/securities registered in the names of two or more share holders/debenture holders/ security holders, the survivor or survivors and on the death of the last survivor, his executors or administrators, or any person who is the holder of a Succession Certificate in respect of such shares/debentures/securities, or a person in whose favour a valid instrument of transfer of shares/debenture/ securities was executed by such persons and such last survivor during the latter's life time, shall be the only person who may be recognised by the Corporation as having any title to such shares/debentures/ securities. The Corporation shall not be bound to recognise such executors or administrators unless they shall have obtained Probate or Letters of Administration, or other legal representation as the case may be, from a duly constituted Court in India having effect at the place where the Share Register of the Corporation is maintained, provided nevertheless that in any case where the Board to dispense with the production of a Succession Certificate, Letters of Administration or such other legal representation upon such terms as to indemnify or otherwise as the Board may think fit. (ii) Any such person becoming entitled to shares in consequence of the death of a shareholder/debenture holder / security holder and any person becoming entitled to shares/ debentures/ securities in consequence of the insolvency, bankruptcy, or liquidation of a shareholder/debenture holder / security holder shall, upon production of such evidence as the Board may require have the right: (a) to be registered as a shareholder/debentureholder / security holder in respect of the shares/debentures/ securities upon his satisfying the Board in the same manner as if he were the proposed transferee under clause (ii) of Regulation 18 that he is qualified to be a shareholder/debenture holder/ security holder , or (b) to make such transfer of the shares/debentures/ securities as the person from whom he derives his title could have made. ### 20. Calls on shares. - The Board may, from time to time, make such calls as it thinks fit upon the shareholders in respect of all moneys remaining unpaid on the shares held by them, and not by the conditions of allotment thereof made payable at fixed times, and each shareholder shall pay the amount of every call so made on him to the person and at the time and place appointed by the Board. A call may be made payable by instalment. ### 21. Calls on date from resolution. - A call shall be deemed to have been made at the time when resolution of the Board authorising such call was passed and may be made payable by the shareholders on the register on such date or at the discretion of the Board on such subsequent date as may be fixed by the Board. ### 22. Notice of call. - A notice of not less than thirty days of every call shall be given specifying the time of payment provided that before the time for payment of such call the Board may by notice in writing to the shareholders revoke the same. ### 23. Extension of time for payment of call. - The Board may, from time to time and at its discretion, extend the time fixed for the payment of any call as to all or any of the shareholders having regard to the circumstances or some other sufficient cause, but no shareholder shall be entitled to such extension as a matter of right. ### 24. Liabilities of Joint Holders. - The joint holders of a share shall be jointly and severally liable to pay all calls in respect thereof. ### 25. Amount payable at fixed time or by instalments as calls. - If by the terms of issue of any share or otherwise any amount is payable at any fixed time or by instalments at fixed time, every such amount or instalment shall be payable as it it were a call duly made by the Board and of which due notice had been given and all the provisions herein contained in respect of instalment accordingly. ### 26. When interest on call or instalment payable. - If the sum payable in respect of any call or instalment is not paid on or before the day appointed for payment thereof, the holder for the time being or the allottee of the share in respect of which a call shall have been made, or the instalment shall be due, shall pay interest on such sum at such rate as the Board may fix, from time to time, from the day appointed for the payment thereof to the time of actual payment, but the Board may waive payment of such interest wholly or in part. ### 27. Non-payment of calls by shareholder. - No shareholder shall be entitled to receive any dividend or to exercise any privilege as a shareholder until he shall have paid all calls for the time being due and payable on every share held by him, whether singly or jointly with any person, together with interest and expenses, if any. ### 28. Notice to be given if call or installment not paid. - If any shareholder fails to pay the whole or any part of a call or instalment or any money due in respect of any shares either by way of principal or interest on or before the day appointed for the payment of the same, the Board may at any time thereafter during such time as the call or instalment or any part thereof or other moneys remain unpaid or a judgement or decree in respect thereof remains unsatisfied in whole or in part, serve a notice on such shareholder or on the person (if any) entitled to the share by transmission, requiring him to pay such call or instalment or such part thereof or other moneys as remain unpaid together with any interest that may have accrued and all expenses (legal or otherwise) that may have been paid or incurred by the Corporation by reason of such non-payment. ### 29. Form of notice. - The notice shall name a day not being less than fourteen days from the date of the notice and the place or places on and at which such call or instalment or such part or other monies and such interest and expenses as aforesaid are to be paid. The notice shall also state that in the event of non-payment on or before the time and at the place appointed, the share in respect of which the call was made or instalment is payable will be liable to be forfeited. ### 30. In default of payment, shares to be forfeited. - If the requirements of any such notice as aforesaid are not complied with, any of the shares in respect of which such notice has been given may at any time thereafter before payment of all calls or instalments, interest and expenses or the money due in respect thereof, be forfeited by a resolution of the Board to that effect. Such forfeiture shall include all dividends declared in respect of the forfeited shares and not actually paid before the forfeiture. ### 31. Entry of forfeiture in the Register. - When any share has been forfeited under Regulation 30, an entry of the forfeiture with the date thereof shall be made in the register. ### 32. Forfeited shares to be property of the Corporation and may be sold. - Any share so forfeited shall be deemed to be the property of the Corporation and may be sold, reallotted or otherwise disposed of, either to the original holder thereof or to any other person upon such terms and in such manner as the Board may decide. ### 33. Power to annul forfeiture. - The Board may, at any time, before any share so forfeited under Regulation 30 shall have been sold, reallotted or otherwise disposed of, annul the forfeiture thereof upon such conditions as it may think fit. ### 34. Shareholder liable to pay money owing at the time of forfeiture and interest. - Any shareholder whose shares have been forfeited shall, notwithstanding the forfeiture, be liable to pay and shall forthwith pay to the Corporation all calls, instalments, interest, expenses and other amounts owing upon or in respect of such shares at the time of the forfeiture with interest thereon from the time of forfeiture until payment at such rate as may be specified by the Board and the Board may enforce the payment of the whole or a portion thereof. ### 35. Partial payment not to preclude forfeiture. - Neither a judgement nor a decree in favour of the Corporation for calls or other amounts due in respect of any shares nor any payment of satisfaction thereunder nor the receipt by the Corporation of a portion of any money which shall be due from any shareholder from time to time in respect of any shareholder from time to time in respect of any shares either by way of principal or interest nor any indulgence granted by the Corporation in respect of payment of any money shall preclude the forfeiture of such shares under these regulations. ### 36. Application of forfeiture provisions. - The provisions of these Regulations as to the forfeiture shall apply in the case of non-payment of any sum which by terms of issue of a share becomes payable at a fixed time, as if the same had been payable at a fixed time, as if the same had been payable by virtue of a call duly made. ### 37. Corporation's lien on Shares. - The Corporation shall have a first lien upon all shares registered in the name of each shareholder and upon the proceeds of sale thereof for his debts, liabilities and engagements solely or jointly with any other person to or with the Corporation whether the period for the payment, fulfillment or discharge thereof shall have actually arrived or not, and such lien shall extend to all dividends from time to time declared in respect of such shares. Unless otherwise agreed, the registration of a transfer of shares shall operate as a waiver of the Corporation's lien, if any, on such shares. ### 38. Enforcing lien by sale of shares. - The Board may, for the purpose of enforcing the lien referred to in Regulation 37 sell the shares subject thereto in such manner as it things fit, but no sale shall be made unless any sum in respect of which the lien exists is presently payable nor until notice in writing of the intention to sell shall have been served on such shareholder or person, if any, entitled for transmission to the shares and default shall have been made by him in payment of the sum presently payable for seven days after such notice. ### 39. Application of proceeds of sale of shares. - The net proceeds of any sale of shares under Regulation 38 after deduction of costs of such sale, shall be applied in or towards the satisfaction of the debt or liability in respect whereof the lien exists so far as the same is presently payable and the residue, if any, paid to the shareholders or the person, if any, entitled by transmission to the shares so sold. ### 40. Certificate of forfeiture. - A certificate in writing under the hands of any Director, or any other officer of the Corporation duly authorised in this behalf, that the call in respect of a share was made and that the forfeiture of the shares was made by a resolution of the Board to that effect, shall be conclusive evidence of the fact stated therein as against all persons entitled to such shares. ### 41. Title of purchaser and allottee of forfeited share. - The Corporation may receive the Consideration, if any, given for the share on any sale, reallotment or other disposition thereof and the person to whom such share is sold, reallotted or disposed of may be registered as the holder of the share and shall not be bound to see to the application of the consideration, if any, nor shall his title to the share be affected by any irregularity or invalidity in the proceedings in reference to the forfeiture, sale, reallotment or other disposal of the share and the remedy of any person aggrieved by the sale shall be in damages only and against the Corporation exclusively. ### 42. Shareholder ceasing to be qualified for registration. - (i) It shall be the duty of any person registered as a shareholder, forthwith upon ceasing to be qualified to be so registered, to give intimation thereof to the Board. (ii) The Board may, at any time, cause such enquiry to be made as it may consider necessary for ascertaining whether any person registered as a shareholder has ceased to be so qualified and upon being satisfied that any such person has ceased to be so qualified, it shall inform him that he is not entitled to be a shareholder of the Corporation. He will not be further entitled to the payment of any dividend on any such shares nor to exercise any of the rights of a shareholder otherwise than for the purpose of the sale of such shares, and the corporation shall make an entry in the share register to that effect. (iii) If the Board shall ascertain that a person who is not qualified to be a shareholder of the Corporation is registered, by inadvertence or otherwise, as a shareholder of the Corporation, it shall inform the shareholder that such shareholder is not entitled to the payment of any dividend on any share nor to exercise any of the rights of a shareholder otherwise than for the purpose of the sale of such shares, and shall make an entry in the share register to that effect. (iv) A determination of the Board under this Regulation as to whether a person is qualified to be shareholder or not shall be conclusive. ### 43. Service of notice or document to share holders . - (i) .The Corporation may serve a notice or a document on any shareholder either personally, or by post at his registered address or if he has no registered address in India, at the address, if any, within India supplied by him to the Corporation for the giving of notice to him. Provided that where a shareholder has intimated to the Corporation in advance that documents should be sent to him under a Certificate of Posting or by Regd.Post or by Courier with or without acknowledgment due, and has deposited with the Corporation a sum sufficient to defray the expenses of doing so, service of the document or notice shall not be deemed to be effected unless it is sent in the manner intimated by the shareholder, and unless the contrary is proved, such service shall be deemed to have been effected in the case of a notice of a meeting at the expiration of forty eight hours after the letter containing the same is posted, and in any other case, at the time at which the letter would have been delivered in the ordinary course of post. (ii) A notice or a document advertised in a newspaper widely circulated in Andhra Pradesh shall be deemed to be duly served on the day on which the advertisement appears, on every shareholder of the Corporation who has no registered address in India and has not supplied to the Corporation an address within India for giving of notices to him. (iii) A notice or a document may be served by the Corporation on the joint holders of a share by serving it on the joint holder named first in the register in respect of the share. (iv) A Notice or a document may be served by the Corporation on the persons entitled to a share upon death or in consequence of the insolvency of a shareholder by sending it through post in a prepaid letter addressed to them by name, or by the title of representatives of the deceased, or assignees of the insolvent, or by any like description, at the address, if any, in India supplied for the purpose by the persons claiming to the so entitled, or until such an address has been so supplied, by serving the document in any manner in which it might have been served if the death or insolvency had not occurred. (v) The signature to any notice to be given by the Corporation may be written or printed or be affixed in any other manner. Chapter III Meetings of Shareholders or Any Class of Shareholders ---------------------------------------------------------------------- ### 44. Chairman of Meeting - In chapter III and IV. - (i) unless the context does not permit, the reference to "general meeting" shall include a reference to a meeting of a class of shareholders, and (ii) the word "Chairman" means the "Chairman" of a meeting under Regulation 50. ### 45. Annual General Meeting. - The Annual General Meeting of the Corporation shall be held at the place where the Head Office of the Corporation is situated, or if so directed by the Board at any other place within the State where there is an office of the Corporation. Each Annual General Meeting shall be held within four months from the date on which the annual accounts of the Corporation are closed or within such period as may be specified in the Act from time to time. Without prejudice to the aforesaid provision, the date and time of the Annual General Meeting shall be fixed by the Board and such a meeting shall be convened under the direction of the Board by the Managing Director or any other officer of the Corporation authorized by the Board in this behalf. ### 46. General Meetings (other than Annual General Meeting). - (i) The Board may convene a general meeting at such time and place as may be decided by the Board. (ii) The Board may determine the business to be transacted in such General Meetings including appointment of auditors. (iii) The Board shall convene a general meeting if a requisition for such a meeting has been received from the share holders carrying in aggregate not less than 10% of the total voting rights of all the share holders or not less than 5 share holders not being share holders referred in clauses (a), (b) and (c) of Sub Section (3) of Section 4 of the Act, not later than 3 months from the receipt of the requisition. (iv) The requisition referred to in clause (ii) shall state the purpose for which the General Meeting is required to be convened but may consist of several documents in like form each signed by one or more of the requisitionists. (v) Where two or more persons hold any shares jointly a requisition or a notice calling a meeting, signed by one or some of them shall for the purposes of this regulation have the same force and effect as if it had been signed by all of them. (vi) The time, date and place of the General Meetings shall be decided by the Board (vii) If the Board does not convene the meeting as required by clause (iii) within the period of 3 months as stipulated, the meeting may be called by the requisitionist themselves within next 3 months. Provided that nothing in the sub-regulation shall be deemed to prevent a meeting duly commenced before the expiry of the period of 3 months aforesaid from adjourning to some day after the expiry of that period. (viii) The meeting called under sub clause (i) by the requisitionist shall be called in the same manner, as nearly as possible, as that in which the other General Meetings are called. (ix) Any reasonable expenses incurred by the requisitionists in calling a meeting under sub clause (v) shall be reimbursed to the requisitionists by the Corporation. ### 47. Notice convening a General Meeting. - (i) A notice convening a General Meeting signed by the Managing Director, or the Secretary of the Corporation, shall be sent to every registered shareholder or every shareholder of the class to which the meeting relates at his address, if any, in India and published atleast twenty one clear days before the meeting in Newspaper except in the case of the first Annual General Meeting in which case the period of notice may be seven days. (ii) Every such notice shall state the time, date and place of such meeting, and also the business that shall be transacted at that meeting. ### 48. Business at General Meetings. - At the Annual General Meeting, the following business shall be transacted namely:- (a) To discuss and if deemed fit, to adopt the annual accounts of the Corporation including the Profit & Loss Account and the Balance Sheet for the year ending the 31st March of the financial year to which the meeting relates, together with a report by the Board on the working of the Corporation throughout the year, the auditor's report(s) on the said Balance Sheet and accounts & proposals, if any, for declaration of dividend and capitalisation of reserves; (b) To discuss any other matter to be transacted at the Annual General Meeting in terms of sub-section (3) of Section 36 of the Act. (c) No business shall be transacted, or any matter discussed, other than that mentioned in the notice for the meeting, except with the consent of the Chairman or unless not less than two weeks' notice has been given of the same by the State Government, or the Small Industries Bank or atleast five share holders or a class of the shareholders as the case may be. Such notice shall take the form of a definite resolution to be put up to the meeting. ### 49. Quorum at General Meetings. - (i) No business shall be transacted at any meeting of the shareholders, or a class of shareholders, whether it is the Annual General Meeting or any other general meeting, unless a quorum of atleast five shareholders entitled to vote at such meeting in person or by proxy or by duly authorised representative is present at the commencement of such business. (ii) If within fifteen minutes from the time appointed for the meeting a quorum is not present, in the case of meeting called by the requisition of shareholders other than the State Government or the Small Industries Bank, the Chairman may dissolve the meeting. (iii) In other case the meeting shall stand adjourned to the same day in the next week at the same time and place, or such other day and such other time and place as the Chairman of the meeting may determine. If at the adjourned meeting, a quorum is not present within 30 minutes from the time appointed for holding the meeting, the share holders who are present in person or by proxy or by duly authorized representative at such adjourned meeting shall be quorum and may transact the business for which the meeting was called. Provided that no Annual General Meeting shall be adjourned to a date later than four months, after the 31st March and if adjournment of the meeting to the same day in the following week would have this effect, the Annual General Meeting shall not be adjourned but the business of the meeting shall be commenced either as soon within one hour from the time appointed for the meeting as a quorum may be present, or immediately after expiry of one hour from that time and those shareholders who are present in person or by proxy or by duly authorised representative at such time shall form a quorum. ### 50. Chairman of General Meetings. - (i) The Chairman of the Board or, in his absence, the Managing Director or a Director authorized by the Chairman in writing in this behalf shall be the Chairman and in the event of Chairman of the Board being not nominated or in default of such authorization as aforesaid or in the absence of the Managing Director so authorized, the meeting may elect any other Director present to be the Chairman of the meeting. (ii) The Chairman shall regulate the procedure at all general meetings, and in particular, shall have full power to decide the order in which shareholders may address the meeting, to fix a time limit for speeches, to apply the closure when in his opinion any matter has been sufficiently discussed and to adjourn the meeting. ### 51. Persons entitled to attend General meeting. - (i) All directors and all shareholders of the Corporation and the Secretary of the Corporation and such other officers as the Managing Director may decide shall subject to the provisions of sub-regulation (ii), be entitled to attend general meeting. Provided that if a General Meeting relates to a class of share holders, only the shareholders of that class shall be entitled to attend that meeting. (ii) A share holder being one of the parties mentioned in clauses (c) or (d) of sub-section (3) of section 4 of the Act , attending a general meeting shall for the purpose of identification and to determine his voting rights, be required to sign and deliver to the Corporation a form containing the particulars relating to: (a) his full name, folio number and registered address (b) the distinctive numbers of his shares (c) the class of share holders to which he belongs (d) whether he is entitled to vote and the number of votes to which he is entitled in person or by proxy or as a duly authorised representative. ### 52. Voting at General Meetings. - (i) At any general meeting, a resolution put to the vote of the meeting shall, unless a poll is demanded, be decided on a show of hands. (ii) Save as otherwise provided in the Act, every matter submitted to a general meeting shall be decided by a majority of votes. (iii) Unless a poll is demanded under clause (i), a declaration by the Chairman of the meeting that a resolution on show of hands has or has not been carried, either unanimously or by a particular majority, and an entry to that effect in the books containing the minutes of the proceedings, shall be a conclusive evidence of the fact, without proof of the number or proportion of the votes cast in favour of or against such resolution. (iv) Before or on the declaration of the result of the voting on any resolution on a show of hands, a poll may be ordered to be taken by the chairman of the meeting of his own motion, or shall be ordered to be taken by him on a demand made in that behalf by any shareholder or shareholders present in person or by proxy or by duly authorised representative and holding shares in the Corporation which confer a power to vote on the resolution by at least five share holders. (v) The demand for a poll may be withdrawn at any time by the person or persons who made the demand. (vi) A poll demanded on a question of adjournment or election of Chairman of the meeting shall be taken forthwith. (vii) A poll demanded on any question other than those under sub-Regulation (v) above shall be taken at such place and time but not later than forty-eight hours from the time when the demand was made, as the Chairman may direct. The poll may be either by open voting or ballot as the Chairman may direct and the result of the poll shall be deemed to be the resolution of the meeting at which the poll was demanded. At such poll a vote shall be given by a shareholder entitled to vote either personally or by proxy or by duly authorised representative and the shareholders shall exercise the voting rights in accordance with the Regulations made in that behalf. (viii) The decision of the Chairman, as to the qualification of any person to vote, and also in the case of a poll, as to the number of votes any person is competent to exercise, shall be final. ### 53. Minutes of General Meetings. - (i) The Corporation shall cause the minutes of all proceedings of general meetings to be maintained in the books kept for the purpose which may be in the form of binders containing loose leaves. (ii) Any such minutes, if purporting to be signed by the Chairman of the meeting at which the proceedings took place or by the Chairman of the next succeeding meeting, shall be evidence of such proceedings concluded thereat. (iii) Until the contrary is proved, every general meeting in respect of the proceedings whereof minutes have been so recorded shall be deemed to have been duly called and held, and all proceedings stated to have taken place thereat, to have duly taken place. Chapter-IV Voting ### 54. Definition. - In these Regulations 'Company' means a body corporate either incorporated under the Companies Act, 1956 or any other law for the time being in force and unless there is anything repugnant in the subject or context, includes the Small Industries Bank, LIC, other insurance companies owned or controlled by Central Government or by State Government, a Public Sector Bank, a Co-operative Bank, a Co-operative Society, a Society registered under the Societies Registration Act, 1860 (21 of 1860) and other institutions. ### 55. Shareholders entitled to vote and their voting rights. (1) Subject to the provisions of sections 4F and 10(e) of the Act and clause (2) at a general meeting, each shareholder who has been registered as a shareholder shall have on poll, a voting right in proportion to his or its share of the paid up equity capital of the Corporation; (2) In the case of election of a Director at general meeting, only the shareholders of the class whom the Director to be so elected represents shall be entitled to vote, and in the case of appointment of the auditor, all the parties mentioned in clauses(c) and (d) of sub-section (3) of Section 4 of the Act who are shareholders of the Corporation, shall be entitled to vote. (3) Every shareholder entitled to vote as aforesaid who being an individual is present in person or by proxy or being the State Government or a company is present by a duly authorised representative or by proxy shall have one vote, on a show of hands and in the case of poll, shall have voting right in proportion to his or its share of the paid up equity capital of the Corporation subject to the restrictions as may be prescribed in the Act from time to time. ### 56. Voting by Government. - (i) The State Government and institutions covered under clauses (b) and (c) of sub-section (3) of section 4 of the Act may, by an order in writing, authorise any of its officers or a Director of the Corporation to act as its representative at any general meeting of the Corporation and the person so authorised shall be entitled to exercise the same powers on behalf of the State Government, the said institutions as if he were an individual shareholder of the Corporation. The authorisation so given may be in favour of two or more persons as alternate representatives and in that case, any one of such persons may act as the duly authorised representative of the Government. The person so authorised shall not be deemed to be a proxy. (ii) A copy of any order made under sub-Regulation(i) shall be deposited at the Head Office of the Corporation before the time fixed for the meeting. (iii) An order made under sub-Regulation (i) may subsequently be revoked by the State Government and institutions covered under Clause (b) and (c) of sub section (3) of section 4 of the Act by depositing a notice of revocation at the Head Office of the Corporation before the time fixed for the meeting, and the due revocation of an order shall, in no way prohibit the issue of another order by the State Government and institutions covered under Clause (b) and (c) of sub section (3) of Section 4 of the Act and the deposit of a copy thereof at the Head Office of the Corporation within the time specified in clause (ii). ### 57. Voting by duly authorised representative. - (i) A shareholder, being a company, may by a resolution of its Board of Directors or other Governing Body authorise any of its officials or any other person to act as its representative at any meeting of the Corporation and the person so authorised shall be entitled to exercise the same powers on behalf of the company which he represents, as if he were an individual shareholder of the Corporation. The authorisation so given may be in favour of two or more persons as alternate representatives and in that case any one of such persons may act as the duly authorised representative of the company. A person acting in pursuance of an authorisation given under this sub-Regulation shall not be deemed to be a proxy. (ii) No person may attend or vote any meeting of the Corporation as a duly authorised representative of a company unless a copy of the resolution appointing him as a duly authorised representative certified to be a true copy by the Chairman of the meeting at which it was passed or by an authorised official/Director of the company shall have been deposited at the Head Office of the Corporation not less than 48 hours before the date fixed for the meeting. An appointment of a duly authorised representative shall, after the deposit of a certified copy of the resolution as aforesaid, be irrevocable for which it is made and shall revoke any proxy previously deposited for such meeting by the company. (iii) No person may be appointed a duly authorised representative or a proxy who is an officer or an employee of the Corporation. (iv) Nothing contained in this Regulation shall apply to the State Government and the State Government may appoint such persons as it thinks fit as provided in Regulation 56 to act as its representative at any general meeting of the Corporation. A person so appointed shall for the purpose of the meeting be deemed to be the shareholder of the Corporation. ### 58. Voting by duly authorised representative precludes voting by proxy. - No shareholder being a company shall vote by proxy so long as a resolution referred to in Regulation 57 authorising any person to act as its duly authorised representative at any general meeting, shall be in force. ### 59. Proxies. - (i) Any shareholder of the Corporation entitled to attend and vote at a general meeting shall be entitled to appoint another person (whether a shareholder or not) as his proxy to attend and vote instead of himself; but a proxy so appointed shall not have any right to speak at the meeting. (ii) No instrument of proxy shall be valid unless in the case of an individual shareholder it is signed by him or by his attorney duly authorised in writing, or in the case of joint holders, it is signed by the shareholder first named in the register or his attorney duly authorised in writing or in the case of a company it is executed under its common seal, if any, or signed by its attorney duly authorised in writing. Provided that an instrument of proxy shall be sufficiently signed by any shareholder, who is for any reason, unable to write his name, if his thumb impression affixed thereto is attested by a Judge, Magistrate, Registrar or Sub-Registrar of Assurances, Government Gazetted Officer or an Officer of a Nationalised Bank or of the Corporation of the rank of Manager and above. (iii) No proxy shall be valid unless it is made out specifically for the purpose of voting at the meeting at which it is to be used. (iv) No proxy shall be valid unless it is duly stamped and unless it, together with the power of attorney or other authority, if any, under which it is signed, or a copy of the power of authority certified by a Notary Public or a Magistrate, is deposited with the Head Office of the Corporation not less than 48 hours before the time fixed for the meeting or adjourned meeting or, in the case of poll, not less than 24 hours before the time fixed for the purpose of the poll. (v) No instrument of proxy shall be valid unless it is in the following form and date: A.P. State Financial Corporation I/We ............ of .............being a/the shareholder(s) of the Andhra Pradesh State Financial Corporation holding Share Nos ............ hereby appoint ............ of ...........(or failing him ............ of ............) as my/our proxy to vote for me/us and on my/us and on my/our behalf at a meeting of the shareholders of the Corporation to be held at ............. on the ...... day of ........ and at any adjournment thereof. At witness I/we have affixed my/our hand(s) this day of Signed by the said (vi) An instrument of proxy so deposited shall be irrevocable (a) unless on or before the last day for the deposit of proxies there shall have been deposited at Head Office of the Corporation a notice in writing under the hand or common seal of the grantor specifically stating (i) The name of the person in whose favor the instrument was granted and (ii) That such instrument is revoked: In the case of instrument of proxy granted in favor of two or more grantees in the alternative it shall not be necessary to mention in the notice of revocation the name of the second or alternative grantee provided that the notice is otherwise sufficient to identify beyond doubt the instrument of proxy which it is intended to revoke or (b) unless the same is deemed to be invalid under any of clauses (i) to (iv). (vii) If two or more instruments of proxy in respect of the same shares shall be deposited and if on or before the last day for deposit of proxies all but one of such instruments of proxy shall not have been duly revoked in accordance with the procedure prescribed in clause(vi), all such instruments of proxy shall be deemed invalid. (viii) The due revocation of an instrument of proxy shall in no way prohibit the deposit of another valid instruments of proxy within the time limited by clause(iii) hereof. (ix) Notwithstanding anything to the contrary in the Regulation, the grantor of an instrument of proxy which has become irrevocable under this Regulation shall not be entitled to vote in person at the meeting to which such instrument relates. ### 60. Election Disputes. - (i) If any doubt or dispute shall arise as to the qualification or disqualification of a person deemed or declared to be elected or otherwise as to the validity of the election of a Director, any person interested, being a candidate or shareholder entitled to vote at such election, may, within seven days of the date of the declaration of the result of such election, give an intimation in writing thereof to the Chairman of the Board and shall in so doing give full particulars of the ground upon which he doubts or disputes the validity of such election. (ii) On receipt of an intimation under clause (i), the Chairman shall forthwith refer such doubt or dispute for the decision of a Committee consisting of himself and any two of the Directors nominated under clauses(b) and (c) of section 10 of the Act. The Committee shall make such enquiry as it deems necessary and if it finds that the election was a valid election, it shall confirm the declared result of the election, or, if it finds that the election was not a valid election, it shall, within 30 days of the commencement of the enquiry, make such order and give such directions including the holding of a fresh election as shall in the circumstances appear just to the Committee. (iii) Any order and direction of the Committee made in pursuance of this Regulation shall be conclusive. Chapter V Special Provisions Regarding the Nominations Or Election Of Directors ------------------------------------------------------------------------------------ ### 61. Issue of Notice of Election. - Where at any general meeting an election of any Directors is to be held, notice thereof shall be included in the notice convening the meeting. Every such notice shall also specify the number of Directors to be elected and the particular vacancies in respect of which the election is to be held. ### 62. List of Shareholders. - (i) For the purpose of election of Directors mentioned in clause(e) of section 10, of the Act, a separate list shall be prepared of the shareholders mentioned in clause (d) of sub-section (3) of section 4 of the Act. (ii) Such a list shall contain the names of the shareholders, their registered addresses in India, the number and distinguishing numbers of shares held by them with the dates on which the shares were registered and the number of votes to which they will be entitled on the date fixed for the election and copies of such list shall be available for purchase atleast three weeks before the date fixed for the election at a price per copy to be decided by the Managing Director, on application at the Head Office of the Corporation. ### 63. Proposal of Candidates for Directorship. - (i) No candidate for election as a Director of the Board shall be validly proposed unless: (a) he is, on the last date for receipt of proposals, not disqualified to be a Director under section 12 of the Act and who has not been removed earlier under section 13 of the Act; (b) he is proposed by or on behalf of at least two shareholders entitled to elect directors under clause (e) of section 10 of the Act;. (c) the proposal is in writing signed by the shareholders or by their duly constituted attorneys, provided that a proposal by a shareholder who is a body Corporate may be made by a resolution of the Directors of the said body corporate and where it is so made, a copy of the resolution certified to be a true copy by the Chairman of the meeting at which it was passed or by the Secretary, or the Chief/Vice Chief, Executive Officer of that body corporate shall be despatched to the Head Office of the Corporation and such copy shall be deemed to be a proposal on behalf of such body corporate; (d) the proposal contains a declaration signed by the candidate before a Judge, Magistrate, Registrar or Sub-Registrar of Assurances, or other Government Gazetted Officer or an officer of Nationalised Bank or of the Corporation not below the rank of Manager, that he accepts the proposal and is willing to stand for election, and that he is not disqualified for election under Section 12 or earlier removed under section 13 of the Act.. (ii) No proposal shall be valid unless it is complete in all respects and received in the Head Office of the Corporation on a working day not less than 14 clear days before the date fixed for the election. If the last day of receipt of the proposal as aforesaid is not a working day the proposal shall be delivered at least on the last working day prior to the said last day and to that extent the time limit of 14 days shall stands reduced. In such an eventuality the last day of the receipt of proposal shall be specifically mentioned in the notice convening the General Meeting. ### 64. Scrutiny of proposals and publication of list of candidates for Directorship. - (i) The Managing Director shall scrutinise the proposals on the first working day following the last date fixed for the receipt of proposals. He shall after such enquiry, if any, as he thinks necessary, satisfy himself in regard to the provisions of Regulation 62 and shall accept or reject the proposal for nomination of each candidate accordingly, and, in the case of rejection, shall briefly record his reasons for so doing. The decision of the Managing Director that a proposal is valid or invalid shall, subject to the result of any reference under Regulation 66, be final. If there is only one valid proposal for any particular vacancy to be filled by election, the candidate so proposed shall be deemed to be elected forthwith and his name and address shall be published as so elected. In such an event there shall not be any election at the meeting convened for the purpose and if the meeting has been called solely for the purpose of the aforesaid election, it shall stand cancelled. If the number of valid proposals exceeds one, the Managing Director shall cause to be published the names and addresses of candidates validly proposed one in English newspaper and one in Telugu newspaper circulating in the State of Andhra Pradesh. (ii) A Director elected to fill an existing vacancy shall be deemed to have assumed office from the date of following that on which he is, or is deemed to be, elected. ### 65. Nomination of Directors. - (i) The parties mentioned in clause (c) of sub-section (3) of section 4 of the Act shall nominate two directors to represent them under clause (d) of section 10 of the Act as under: (a) Public sector banks are entitled to nominate a director by rotation in the sequence of the share holding arranged in descending order. The largest share holder will have the right to nominate the first director for a period of 3 years and in the fourth year, the second largest will have the opportunity and thereafter the third share holder and so on. (b) LIC, Insurance Companies and all other institutional shareholders covered under the above clause are entitled to nominate a director by rotation in the sequence of shareholding arranged in descending order. (ii.) The Corporation shall make a formal request to the above institutions accordingly as and when a vacancy arises in the post of the above two Directors. Chapter VI ------------ ### 66. Removal of Director from Office under sub-section (2) of section 13 of the Act. - (i) The shareholder in clause (d) of sub-section (3) of section 4 of the Act may remove any Director elected under clause (e) of Section 10 before the expiry of his tenure of office, in the following manner: (a) The intimation of the intention to remove a Director shall be given by such shareholders holding not less than 25% in the aggregate of the total issued equity share capital; (b) The shareholders shall have right to withdraw the intimation before a notice for holding general meeting for this purpose is issued; (c) If the intimation is not withdrawn by the shareholders, the Board of Directors shall fix up a date for holding a general meeting and business to be transacted thereat. (d) On receipt of such intimation from the shareholder for removal of a Director, the Managing Director shall cause a communication to be sent to the Director concerned about the proposed resolution for his removal asking him to make representation, if any, in the matter, within a period of 21 days from the date of receipt of such communication by him. (e) After the communication, as aforesaid is sent to the Director concerned, if the Director concerned makes any representation with respect thereto, in writing, to the Corporation and request for its notification to members of the Corporation, Corporation shall, unless the representation is received too late for it do so - (i) shall in the notice of the resolution given to the shareholders under clause (d) of the Corporation state the brief facts of the representation having been made or (ii) send a copy of the representation to shareholder under clause (d) of the Corporation and if a copy of the representation is not sent as aforesaid because they were received too late, the Director may require that a representation shall be read out at the meeting. The provision aforesaid will not prejudice the right of the Director to be heard orally in the meeting. (iii) The resolution for removal of the Director shall be placed before shareholders under clause (d) in General Meeting for its decision and the Director concerned if he so wishes shall be given an opportunity to represent his case before the meeting for such time as the Chairman of the meeting permits. (f) The vacancy created by the removal of Director under the above Regulation be filled in by the appointment of another Director in his place in the meeting at which he is removed provided a special notice of intended appointment has been given. (g) Procedure prescribed under these Regulations for nomination and election of Director shall apply to the election to be made for filling the vacancy caused by removal of Director. (i) The Director so elected shall hold the office until the date up to which his predecessor would have held the office if he had not been removed as aforesaid; (ii) While convening a special general meeting for the above purpose, the Board shall call for proposals for election of Directors to fill the casual vacancy in the event of resolution for removal of the Director being approved by the requisite number of shareholders as provided in Section 13(2) of the Act and in that event the provisions of Chapters IV and Chapter V of these Regulations shall mutatis mutandis apply to the special general meeting to be convened and to the election to be held as above. ### 67. Co-opted Directors. - Subject to clause (e) of Section 10 of the Act, the Directors co-opted by the Board shall retire in order of co-option on assumption of charge by the Director or Directors elected by the share holders or after expiry of one year which ever is earlier. If the co-option of more than one Director is made on the same day, the retirement of such co-opted will be decided by consensus amongst themselves and in the absence of such consensus, the retirement shall be decided by draw of lots by the Chairman of the Meeting of the Board at which the issue comes up for decision. The tenure of the co-opted Directors shall be similar to the elected or nominated director. Chapter VII Meetings of the Board and the Executive Committee ------------------------------------------------------------------ ### 68. Meetings of the Board. - (i) A meeting of the Board shall be held atleast once during each quarter and shall be convened by the Managing Director or in his absence any other Director or Officer of the Corporation duly authorized by the Board in accordance with the instructions, if any, of the Board. (ii) Any three Directors may require the Managing Director to convene a meeting of the Board at any time and the Managing Director shall, on receipt of the requisition, convene a meeting of the Board giving sufficient notice, provided that the date of the meeting so convened shall not be later than 21 days from the date of the receipt of the requisition. (iii) Meetings of the Board shall be held at the place where the Head Office of the Corporation is situate, or at such other place within the jurisdiction of the Corporation as the Board may decide. (iv) Ordinarily not less than 7 days notice shall be given of each meeting of the Board, and such notice shall be sent to every director to his usual address in India. Should it be found necessary to convene an emergency meeting, a notice shall be sent to every director at the usual address in India sufficiently in advance to enable him to attend. (v) No business other than that for which the meeting was convened shall be discussed at a meeting of the Board except with the consent of the person presiding at the meeting and a majority of the Directors present, unless one clear week's notice has been given of the same in writing to the Chairman. (vi) Quorum for the transaction of business at a meeting of the Board shall be one-third of the total number of persons for the time being constituting the Board (any fraction contained in that one-third being rounded off as one), or not less than four Directors, whichever is less. (vii) If for any reason, the Chairman of the Board is unable to attend any meeting of the Board, a Director authorised by the Chairman of the Board in writing shall preside at such meeting, but if the Director so authorised is absent or if no such authorisation has been made, the Board may elect any of its members present to preside at that meeting. (viii) Minutes of meetings of the Board: (a) The Corporation shall cause proceedings to be maintained in the books kept for the purpose which may be in the form of binders containing loose leaves. (b) Any such minutes, if signed by the Chairman of the meeting at which the proceedings took place or by the Chairman of the next succeeding meeting shall be evidence of such proceedings. (c) Until the contrary is proved, every Board meeting in respect of the proceedings hereof minutes have been so recorded shall be deemed to have been duly called and held, and all proceedings taking place thereat, to have duly taken place. (d) If for any reason, the minutes of any meeting could not be signed in the manner specified in clause (c) above, such minutes shall be deemed to be in order if signed by the Managing Director on the authorisation of a meeting of the Board held thereafter. ### 69. Meetings of the Executive Committee. - (i) The Executive Committee Meetings shall be presided over by the Chairman and shall ordinarily meet once during each quarter at the Head Office of the Corporation or at such other place within the jurisdiction of the Corporation as the Chairman may decide to attend to the business of the Corporation as may be delegated to it by the Board, from time to time. Sufficient notice shall be given to the members of the Committee to enable them to attend the meeting. (ii) The Board may delegate to the Executive Committee powers to transact all the usual business of the Corporation except such matters as are specifically reserved to the Board under the Act or any Regulations made thereunder. (iii) In the exercise of its powers, the Executive Committee shall be bound by such general or special directions as the Board may give from time to time. (iv) Quorum for the transaction of business at a meeting of the Executive Committee shall be one-third of the total strength of the Executive Committee (any fraction contained in that one-third being rounded off as one) or not less than three members of the Committee, whichever is less. (v) The provisions of the Act and save as otherwise provided in these Regulations, these Regulations shall apply to the meetings of the Executive Committee as if they were meetings of the Board. ### 70. Disclosure of Interest of Director in any Industrial concern. - (i) Every Director of the Board and every member of the Executive Committee who has any interest in or connection with an industrial concern in respect of contract or arrangement or proposed contract or arrangement entered into or to be entered into of the nature specified in sub-section (2) of section 28 of the Act shall disclose the nature of such interest or connection at a meeting of the Board or the Executive Committee, as the case may be. (ii) (a) In the case of proposed contract or arrangement , the disclosure required to be made by a Director of the Board or member of the Executive Committee under sub-clause (i) shall be made at the meeting of the Board or the Executive Committee, as the case may be, at which the question of entering into contract or arrangement is first taken into consideration, or if the Director or member was not, at the date of that meeting, concerned or interested in the proposed contract or arrangement, at the first meeting of the board or the Executive Committee, as the case may be, held after he becomes so concerned or interested. (b) In the case of any other contract or arrangement, the required disclosure shall be made at the first meeting of the Board or the Executive Committee, as the case may be, held after the Director or member becomes concerned or interested in the contract or arrangement. (iii) (a) For the purpose of clauses (i) and (ii), a general notice given by a Director or a member, to the Board or to the Executive Committee, as the case may be, to the effect that he is a Director or a member of a specified body corporate or is a member of a specified firm and is to be regarded as concerned or interested in any contract or arrangement which may after the date of notice, be entered into with that body corporate or firm, shall be deemed to be a sufficient disclosure of his concern or interest in relation to any contract or arrangement so made. (b) A Director or a member giving a general notice to the Board or the Executive Committee under clause (iii)(a) shall, as soon as possible, give notice of any change in the particulars contained therein. (iv) No such general notice, or no notice of any change therein shall be of effect unless either it is given at a meeting of the Board or the Executive Committee, as the case may be or the Director or member concerned takes reasonable steps to secure that it is brought upon and read at the first meeting of the Board or the Executive Committee, as the case may be, after it is given. (v) No Director of the Board and no member of the Executive Committee shall, as a Director or member, as the case may be, take any part in the discussion of, or vote on, any contract or arrangement entered into or to be entered into by or on behalf of the Corporation, if he is in any way, whether directly or indirectly, concerned or interested in such contract or arrangement, nor shall his presence count for the purpose of forming a quorum at the time of such discussion or vote; and if he does vote, his vote shall be void; ### 71. Fee for Directors' Meetings. - 1. Each Director (other than the Managing Director and an employee of the State Government or any employee of the Corporation) shall receive fee for attending a meeting of the Board or the Executive Committee or any Committee constituted by the Board under section 21 of the Act as may be decided by the Board of Directors from time to time. ### 2. In addition, each Director attending a meeting of the Board or of the Executive Committee shall be reimbursed his travelling and halting expenses, if any, on such scale, at his option, as he is entitled to in the institution in which he holds office or on such scale as may be fixed by the Board from time to time and in any other case, at the latter scales. ### 72. Appointment of Committees. - (i) The Board may appoint Committees consisting wholly of Directors or wholly of other persons or partly of Directors and partly of other persons as it deems fit for the purpose of efficient discharge of the functions of the Corporation. (ii) Any Committee constituted under sub- section (3) of section18 or section 21 of the Act shall, in the exercise of the powers entrusted to it, be bound by such general or special directions as the Board or the Executive Committee may give from time to time. (iii) Meetings of any such Committee may be convened from time to time at the Head Office of the Corporation, or at such other place within the jurisdiction of the Corporation or at any other place as may be specified in the notice convening the meeting. Sufficient notice shall be given for such meetings. (iv) The Chairman of the Board, if he is elected to be a member of any Committee constituted under section 21 of the Act, shall be the Chairman of such Committee, otherwise Managing Director or any other member of such a Committee as may be decided by the Board or the Committee shall be the Chairman of that Committee. If the Chairman of any such Committee is, for any reason, unable to attend a meeting of the Committee, a person authorised by the said Chairman in writing shall preside at that meeting. In default of such authorisation or in absence of the person so authorised, the Committee may elect a Chairman to preside at that meeting. (v) Each member of any such Committee, who is not a Director, auditor, officer or other employee of the Corporation who has already made a declaration under section 40 of the Act shall, before entering upon his duties, be required to sign a declaration of Fidelity and Secrecy to the effect set out in the form given in the Schedule to the Act. (vi) The provisions of the Act and save as otherwise provided in these Regulations, these Regulations shall apply to the meetings of such Committee formed under Sec.21of the Act as if they were the meetings of the Executive Committee. ### 73. Resolution without meeting valid. - (i) The Managing Director or any Director or Officer of the Corporation duly authorized by the Board can alone circulate the resolution in writing. The resolution circulated to all the Directors at their usual addresses in India and approved and signed by a simple majority of the Directors/members, on the Board of the Corporation or where the matter concerns, the Executive Committee or any other Committee appointed by the Corporation, who are then in India, one of whom shall be the Chairman of the Board or the Executive Committee or other Committee as the case may be or the Managing Director shall be valid and effectual and shall be deemed to be the resolution passed by the Board, the Executive Committee or other Committee, as the case may be. The resolution shall be deemed to have been passed on the date on which it is concurred and signed by the last signatory to the resolution. Provided that any resolution passed as aforesaid shall be placed before the next meeting of the Board, Executive Committee or other Committee, as the case may be, for carrying out modifications, if any. (ii) Nothing in clause (i) shall apply to a resolution in respect of any matter relating to granting of any loan or financial assistance to any industrial concern under the Act. Chapter VIII Manner in Which the Accommodation Granted by the Corporation Will be Secured. ----------------------------------------------------------------------------------------------- ### 74. Instruments evidencing the security to be in prescribed Form. - Instruments evidencing the security to be taken for accommodation given by the Corporation, under sub-section (1) of section 25 of the Act shall be in the form specified by the Board and no material alteration shall be made in the form as prescribed without the approval of the Board. The Board may make such variations in the forms as may be found necessary to suit the requirement of individual cases. Provided no such instrument shall be open to challenge only on the ground that the said document or any alteration thereto is not approved by the board. ### 75. Instruments evidencing security to contain stipulation for requiring additional security in the event of fall in value of assets. - In the instruments evidencing the security taken by the Corporation, there shall be a stipulation that in the event of a fall occurring in the value of the assets pledged, mortgaged, hypothecated, or assigned to the Corporation, the industrial concern obtaining accommodation from it may be required to furnish such additional security as may be considered reasonable by the Executive Committee. Chapter IX General Provisions ---------------------------------- ### 76. Board to inform the State Government regarding disqualifications. - The Board shall forthwith inform the State Government if it comes to the notice of the Board that any Director has become subject to any disqualification under the Act. ### 77. Acts of Directors valid notwithstanding subsequent discovery of disqualifications. - All acts done at any meeting of the Board or the Executive Committee or an Advisory Committee by any person acting as Director of the Board or member of the Executive Committee or of an Advisory Committee shall, notwithstanding that it shall afterwards be discovered that there was some defect in the appointment of such persons or that they or any of them were disqualified, be as valid as if every such person had been duly appointed and duly qualified. ### 78. Delegation of Powers. - Without prejudice to the powers conferred under the Act, the Board may, if it deems expedient authorise the Executive Committee or a Committee appointed under sections 18(3) , and 21 of the Act or the Managing Director to decide in respect of any of the matters, whether referred to in these Regulations or not. ### 79. Manner and form in which contracts binding on the Corporation may be executed. - Contracts on behalf of the Corporation may be made as follows: (a) Any contract which is by law required to be in writing, may be made on behalf of the Corporation in writing signed by any person acting under its express authority and may in the same manner be varied or discharged; (b) Any contract which would be valid if made by parol only, may be made by parol on behalf of the Corporation by any person acting under its express authority and may in the same manner be varied or discharged. ### 80. Accounts, Receipts and Documents of Corporation by whom to be signed. - The Managing Director, or such other Officers of the Corporation as the Board or the Executive Committee or any Committee appointed under sections 18(3) , and 21 of the Act or the Managing Director who have been delegated the necessary powers by the Board in this behalf may, by notification in the Andhra Pradesh Government Gazette, authorise in this behalf, may sign any contract of any description whatsoever, issue, execute, endorse and transfer promissory notes, bonds, stock receipts, stock, debentures, shares, securities and documents of title to goods standing in the name of , or held by the Corporation and draw, accept and endorse bills of exchange and other instruments in the current and authorised business of the Corporation and sign all other accounts, receipts and documents connected with such business. ### 81. Plaints, etc., by whom to be signed. - Plaints, written statements, vakalatnamas, affidavits and all other documents connected with legal proceedings may be signed and verified on behalf of the Corporation by the Managing Director or any other Officer authorised under Regulation 80 to sign documents for, and on behalf of the Corporation: ### 82. Common Seal of the Corporation. - (i) The Board shall provide a Common Seal for the purpose of the Corporation and shall have powers from time to time destroy the same and substitute a new seal in lieu thereof and the Board shall provide for the safe custody of the seal for the time being. (ii) The common seal of the Corporation shall be affixed to the share certificates issued by the Corporation, power of attorney made in favour of a person and may be used for such other purposes as may be approved by the Board/Executive Committee. (iii) The Common Seal of the Corporation shall not be affixed to any instrument except pursuant to a resolution of the Board or the Executive Committee as the case may be and except in the presence of at least two Directors including the Managing Director, who shall sign their names to the instrument in token of their presence, and such signing shall be independent of the signing of any person who may sign the instrument as a witness. Unless so signed as aforesaid, such instrument shall be of no validity. ### 83. Issue of Bonds and Debentures. - (i) The bonds or debentures of the Corporation shall be issued under the signature of the Chairman or Managing Director and such signature may be printed, engraved or lithographed or impressed by such other mechanical process as the Board may direct. (ii) A signature so printed, engraved, lithographed or otherwise impressed shall be as valid as a signature in the proper handwriting of the signatory himself. (iii) The Corporation may issue and sell the bonds and debentures on such terms & conditions as may be decided by the Board, for the purpose of increasing its working capital. (iv) Depending upon the conditions prevalent in the money market the Board may decide from time to time the manner and terms of issue and repayment of bonds and debentures by the Corporation with or without the guarantee of the State Government. (v) Such of the bonds and debentures issued by the Financial Corporation as are guaranteed by the State Government as to the repayment of the principal and payment of interest and receipts issued by it for such of deposits as are guaranteed by the State Government as to the repayment of principal and payment of interest shall be deemed to be included among the securities enumerated in section 20 of the Indian Trusts Act, 1882, also to be approved securities for the purpose of the Insurance Act, 1938 and the Banking Regulation Act, 1949. (vi) The form of bonds and debentures: The bonds and debentures shall be in the form of promissory notes provided the debentures may be with or without securities. ### 84. Efficient conduct of the affairs of the Corporation. - The Managing Director may take such necessary steps and actions as may be necessary for efficient conduct of the affairs of the Financial Corporation, which may also include the adoption of methods of recovery of the other institutions other than the SFCs for bringing moral pressure on the chronic defaulters and formulate incentive scheme for the officers and employees of the Corporation for boosting the business of the Corporation. ### 85. Service of notice to the Corporation. - A notice may be served on the Corporation by delivering it to an authorised officer of the Corporation at, or by sending it by registered post to the Head Office of the Corporation. ### 86. Accounts. - The Board shall cause accounts to be kept of the assets and liabilities, and receipts and expenditure of the Corporation. ### 87. Annual Statements of Accounts. - The Corporation shall prepare the balance sheet as at 31st March of every year and profit & loss account for the year ending on that day in the form enclosed to as at Annexure 'C' and Annexure 'D' or in the form as may be specified from time to time by State Government, Reserve Bank or Small Industries Bank or the Board in consultation with Small Industries Bank. ### 88. Returns. - The statements and returns to be furnished under sub-section (1) of the section 38 of the Act shall be in such form as the State Government, the Reserve Bank or the Small Industries Bank may require from time to time. ### 89. Dividends. - (i) Dividends declared shall be paid as soon as may be, but ordinarily not later than 42 days, after the annual accounts are discussed and adopted at the general meeting. (ii) No interest shall be payable by the Corporation on any dividend. (iii) Any one of several persons who are registered as joint holders of any share may give effectual receipts for all dividends in respect of such share. (iv) A dividend shall be paid by cheque or warrant drawn on the Corporation's bankers at the place where its Head Office is situate, and shall be sent to the registered address in India of the shareholder entitled or in the case of joint holders to the registered address in India of the one whose name stands first on the register in respect of the joint holding, and every cheque or warrant so sent shall be made payable to the order of the shareholder to whom it is sent. In the event of dematted shares the dividend amounts may directly be credited to the Bank Account of the shareholder under ECS. (v) The Corporation shall not make payment of a dividend to any person not entitled thereto under the Act or these Regulations but shall retain the same and make payment thereof to the person who next becomes registered in respect of the shares on which such dividend is payable. (vi) No shareholder shall be entitled to receive payment of any dividend in respect of his shares until all amounts due or owing by him to the Corporation in respect of such shares have been paid. (vii) Dividend remaining unpaid or unclaimed for a period of three years from the date of declaration shall be transferred to the Unclaimed Dividend Reserve Account. In case of any claim in future the same shall be paid from this account. ### 90. Dividend for the period ending on the 31st March, 1956. - Dividend will accrue and be payable for the period ending 31st March, 1956 from the 1st January, 1956 and no shareholder shall have any right to claim dividend for any period prior to that date. ### 91. Investment of Funds. - The Corporation may invest its funds in such securities as may be decided by the Board from time to time and as per the prudential norms and guidelines prescribed by the Board in this behalf. ### 92. Nomination in respect of Deposits, Bonds, Shares,Debentures and other Securities. (a) (i) Subject to the provisions of section 41(B) of the Act and the Regulations, a subscriber to the bond, deposits and other securities, shall to the Corporation a nomination, in the format enclosed as at Annexure'E' conferring on one or more persons the right to receive the amount that may stand payable to him or her in the event of his/her death accruing before the amount has become payable, or before the amount having become payable, has been paid. In case of such nomination, the amount payable on such deposits, bonds or securities, shall on the death of the subscriber/depositor or holder thereof, vest in, and be payable to, the nominee subject to any right, title or interest of any other person to such deposits, bonds or securities. (ii) If the person thus nominated is at the time of his/her nomination a minor or under legal disability to give a valid receipt or discharge to the Corporation, the subscriber/depositor/holder shall at the time of such nomination, as aforesaid, of the another person of full age who is capable of giving a valid receipt or discharge and to whom the amount payable is to be paid for and on behalf of the person/s, who nominated as aforesaid, so long as he shall be a minor or to be under legal disability and the receipt of the said person of full age shall during the minority or the legal disability of the person/s so nominated, as aforesaid, be a good discharge to the Corporation. (iii) If a subscriber/depositor/holder nominates more than one person under clause (i), he or she shall specify in the nomination the amount or share payable to each of the nominees in such manner as to cover the whole of the amount that may become payable to him or her. (b) Any payment by the Corporation in accordance with the above Regulation shall constitute a full discharge to the Financial Corporation of its liability in respect of such deposits, bonds or securities. ### 93. General Provision. - If any dispute arises as to the interpretation or otherwise of these Regulations, the decision of the Board shall be final. Call Annexure A \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| Shares Transferred \| \| Balance \| Unit \| \| \| Date \| Tr.No \| Folio \| To seen \| No. of Shares \| Distinctive Numbers \| Value \| Transferee \| No of Shares \| Amount \| Acctt. \| Md. \| \| From To \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| \| Occupation \| Address: \| Register On: \| \| \| \| \| --- \| --- \| \| \| Shares Acquired \| \| \| Date \| A/L or Tr.No. \| Foilo \| From Seen \| No. of Shares \| Distinctive Numbers \| Value \| Transfer \| Instructions \| \| From To \| \| \| \| \| \| \| \| \| \| \| \| \| \| PoA.P. Money Rs. OnA.L. Money Rs. \| \| \| \| \| \| --- \| --- \| --- \| \| Andhra Pradesh State Financial Corporation Hyderabad. \| \| Share Certificate \| \| \| Certificate No. Class …............. \| No. of shares Cl................S.S …............S. \| \| Share Certificate {\| \| \| No. \| Date........................ \| Class …......................................... No of Shares …........................................ \| \| \| \| --- \| --- \| \| From \| To \| \| …................................. \| …................................. \| \| …................................. \| …................................. \| \| …................................. \| …................................. \| \| …................................. \| …................................. \| \| …................................. \| …................................. \| \| …................................. \| …................................. \| Names (s) …....................................................................................... \| \| Andhra Pradesh State Financial Corporation Incorporated Under The State Financial Corporations Act (No. LXIII of 1951) Head Office : 5-9-194, Chirag Ali Lane, Abids, Hyderabad - 500 001 Authorised Capital Rs. 100,00,00.000 Divided into 1,00,00,000 full Paid Shares of Rs. 100 each This is to certify that.........of............is/are the registered holder’s of..........fully paid shares of Rupees One hundred each, numbered from........to........(both inclusion) in the ANDHRA PRADESH STATE FINANCIAL CORPORATION subject to the provisions of the State Financial Corporations Act, 1951 and the Rules and Regulations made thereunder and that the sum of Rupees One hundred has been paid up in respect of each share. Given under the Common Seal of the Corporation This.............day …....................................................of..........200 Director Managing Director N.B. No transfer of either the whole or any part of the shares comprised on this Certificate will be registered by the Corporation without delivery of this Certificate to the Corporation. \|- \| \| \| \|- \| \| \| \|- \| \| \| \|- \| \| \| \|- \| \| \| \|- \| Al.No. T.D.No. S.L.F. Cl.................. S.S....................... S.4 \| \| \|- \| A.G.M \| Managing Director \| \| \|} Annexure-C A --- [See Regulation 85] Balance Sheet As At 31st March\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \| \| \| \| --- \| --- \| \| \| (Rupees in lakhs) \| \| \| Schedule Reference \| Current \| Previous Year Year \| \| Capital And Liabilities: \| \| \| \| \| Share Capital \| A \| \| \| \| Loan Pending Conversion to Share Capital \| B \| \| \| \| Reserve Fund and Other Reserved \| C \| \| \| \| Ters Borrowings \| D \| \| \| \| Current Liabilities and Provisions \| E \| \| \| \| Total.............................) \| \| \| \| \| Property and Assets \| \| \| \| \| Cash and Bank Balance \| F \| \| \| \| Investments \| G \| \| \| \| Loans and Advances \| H \| \| \| \| Fixed Assets \| I \| \| \| \| Current Assets \| J \| \| \| \| Total.............................) \| \| \| \| \| Accounting policies \| \| \| \| \| Notes on Accounts \| \| \| \| Note - The Schedules referred to above form an integral part of the Balance sheet. B --- [See Regulation 85] Profit and Loss Account for the year ended 31st Marcy\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \| \| \| \| --- \| --- \| \| \| (Rupees in lakhs) \| \| \| Schedule Reference \| Current Year \| Previous Year \| \| Income: \| \| \| \| \| Interest on loans and Advances \| \| \| \| \| Other Incc ne \| K \| \| \| \| Total............) \| \| \| \| \| Expenditure: \| \| \| \| \| Interest and Other Financial Expenses \| L \| \| \| \| Interest Tax \| \| \| \| \| Personnel Expenses \| M \| \| \| \| Administrative Expenses \| N \| \| \| \| Depreciation \| \| \| \| \| Bad Debts written off \| \| \| \| \| Total............) \| \| \| \| \| Profit for the year \| \| \| \| Note. - The Schedules referred to above form an integral part of the Profit and Loss Account. B --- Loan Pending Conversion To Share Capital \| \| \| \| --- \| --- \| \| \| (Rupees in lakhs) \| \| \| Current Year \| Previous year \| \| Loan Pending Conversion to share Capital Loan Pending Conversion to Special Share Capital \| \| \| \| Total.........) \| \| \| C --- Reserve Fund And Other Reserves \| \| \| \| --- \| --- \| \| \| (Rupees in lakhs) \| \| \| Current Year \| Previous Year \| \| (a) Reserve Fund under Section 35 of STC’s Act, 1951) \| \| \| \| (b) Special Reserve Fund U/s 350 \| \| \| \| (c) Investment Reserve as per last Balance Sheet \| \| \| \| Add: Transfer from Profit and Loss Account\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \| \| \| \| (d) Reserve for Bad and Doubtful Debts: \| \| \| \| (e) Profit and Loss appropriation Account \| \| \| \| [(See Schedule C(i) ) \| \| \| \| Total...........) \| \| \| Forming Of The Balance Sheet ------------------------------ \| \| \| \| \| --- \| --- \| --- \| \| Schedule-A \| \| \| \| Share Capital \| \| \| \| \| (Rupees in lakhs) \| \| \| Current Year \| Previous Year \| \| Authorised: \| \| \| \| Share of Rs. 100 each \| \| \| \| Issued, Subscribed and Paid Up: \| \| \| \| (a) Shares of Rs. 100/-each fully paid carrying 3.5% P.M. \| \| \| \| (b) Share of Rs. 100 each fully paid carrying 7.5% P.M. \| \| \| \| (c) Shares of Rs. 100/- each fully paid (Issued under Section 45(1) of the SFC’s Act as Special Class of Shares) \| \| \| \| Total............) \| \| \| E --- \| \| \| --- \| \| Current Liabilities And Provisions \| \| \| (Rupees in lakhs) \| \| \| Current Year \| Previous Year \| \| (A) Current Liabilities \| \| \| \| 1. Unclaimed Dividents \| \| \| \| 2. Earnest Money Deposit contractors \| \| \| \| 3. Earnest Money Deposit (Sec. 23) \| \| \| \| 4. Down payment (Inter-se Trl./Sec 23) \| \| \| \| 5. Party's share of intial capital \| \| \| \| 6. Sundry Deposits \| \| \| \| 7. Dividend Subvention Fund \| \| \| \| 8. Share Capital Assistance \| \| \| \| 9. Book overdraft \| \| \| \| 10. Other Liabilities- \| \| \| \| (B) Provisions \| \| \| \| Provisions for Interst-tax \| \| \| \| Total............) \| \| \| D --- \| \| \| --- \| \| Team Borrowings: \| \| \| (Rupees in lakhs) \| \| \| Current Year \| Previous Year \| \| 1. Bonds: \| \| \| \| (Guaranteed by State Government under Section 7(1) of the SFC's Act. \| \| \| \| 2. Refinance in terms of Section 7(4) of \| \| \| \| the SFCs Act, 1951. \| \| \| \| - Industrial Development Bank of India \| \| \| \| -Small Industries Development Bank of India. \| \| \| \| 3. Loan from the State Government to \| \| \| \| extend assistance to riot victims \| \| \| \| 4. Fixed deposits. \| \| \| \| 5. Development loan for computerisation from SIDBI \| \| \| \| Total...............) \| \| \| II ---- \| \| \| --- \| \| Loans and Advances \| \| \| (Rupees in lakhs) \| \| \| Current Year \| Previous Year \| \| Classification Of Loans And Advances On Purpose-Wise Basis. \| \| \| \| (a) General Loans \| \| \| \| (b) Bridge Loans \| \| \| \| (c) Transport Loans \| \| \| \| (d) Mini Loans \| \| \| \| (e) Composite Loans \| \| \| \| (f) Fisheries Loans \| \| \| \| (g) Special Relief Fund for Cyclone Relief \| \| \| \| (h) Equipment Refinance Scheme \| \| \| \| (i) Special Capital Soft Loans \| \| \| \| (j) Financial Assistance to Good Entrepreneurs \| \| \| \| (k) Short Term Loans \| \| \| \| (l) Discounting of Bills \| \| \| \| Total............) \| \| \| J --- \| \| \| --- \| \| Current Assets \| \| \| (Rupees in lakhs) \| \| \| Current Year \| Previous Year \| \| Stock of Stationery \| \| \| \| Interest Suspense \| \| \| \| Commitment Charges Suspense \| \| \| \| Other Expenses - Loanee Accounts \| \| \| \| Seed Capital Assistance \| \| \| \| Income tax paid \| \| \| \| Interest tax paid \| \| \| \| Deposits with Banks \| \| \| \| Advances to Staff \| \| \| \| Deposits \| \| \| \| Other Assets \| \| \| \| Total...........) \| \| \| F --- \| \| \| --- \| \| Current Assets \| \| \| (Rupees in lakhs) \| \| \| Current Year \| Previous Year \| \| (a) Cash and Cheques on hand \| \| \| \| (b) Remittances in Transit \| \| \| \| (c) Balances with Banks \| \| \| \| (i) Reserve Bank of India \| \| \| \| (ii) SBI and other \| \| \| \| Total..............................) \| \| \| G --- \| \| \| --- \| \| Investments (At Cost) \| \| \| (Rupees in lakhs) \| \| \| Current Year \| Previous Year \| \| (i) Shares acquired pursual to under writting agreements under Section 25(l) (c) of the SFC’s Act, 1951 \| \| \| \| (a) Irredeable Preference Shares fully paid \| \| \| \| (b) Equity Shares fully paid \| \| \| \| (ii) Investment of Special Share Capital under Section 4-A(I) of the SFC’s Act, 1951 in redeable Preference Shares fully paid up. \| \| \| \| Total.........) \| \| \| K --- \| \| \| \| \| --- \| --- \| --- \| \| Other Income \| \| \| \| \| (Rupees in lakhs) \| \| \| Current Year \| Previous Year \| \| Continent Charges \| \| \| \| Service Charges \| \| \| \| Upfront Fee \| \| \| \| Sale of Application Forms \| \| \| \| Dividend on Shares \| \| \| \| Interest on Bank Deposits \| \| \| \| Interest on staff advances \| \| \| \| Miscellaneous Income \| \| \| \| Profit on sale of assets \| \| \| \| Previous on pre-nature closure Accounts. \| \| \| \| Total..................) \| \| \| L --- \| \| \| --- \| \| Invest and Others Financial Expenses \| \| \| (Rupees In Lakhs) \| \| \| Current Year \| Previous Year \| \| Interest on Borrowings from IDB1 \| \| \| \| Interest on Borrowings from SIDBI \| \| \| \| Interest on Bonds \| \| \| \| Interest on NDI Borrowings \| \| \| \| Interest on borrowing from RBI and Banks \| \| \| \| Interest on Loan Pending Conversion to Share Capital \| \| \| \| Interest to State Govt, on Loan to reit victims \| \| \| \| Interest on Fixed Deposits \| \| \| \| Interest on other deposits \| \| \| \| Guarantee Commission to State Government \| \| \| \| Service charges to IDBI (on Seed Capital) \| \| \| \| Service Charges to SIDBI (on Seed Capital) \| \| \| \| Upfront fee to IDBI \| \| \| \| Upfront fee to SIDBI \| \| \| \| Brokerage on Bonds and Fixed Deposits \| \| \| \| Starp duty on Bonds Dividend Tax \| \| \| \| Total..........) \| \| \| I --- \| \| \| --- \| \| Fixed Assets \| \| \| \| \| \| (Rupees in lakhs) \| \| \| \| \| \| Cost \| Depreciation \| Net \| \| SI. No. \| Particulars \| Gross Block As at \| Additions During the Year \| Deductions Adjustments During the Year \| Gross Upto Block As at \| Adjustment During the Year \| For the Upto Year \| Ast at \| As at \| \| \| Rs. \| Rs. \| Rs. \| Rs. \| Rs. \| Rs. \| Rs. \| Rs. \| Rs. \| \| 1. \| Land (Freehold) \| \| \| \| \| \| \| \| \| \| 2. \| Buildings \| \| \| \| \| \| \| \| \| \| 3. \| Lifts, Computer Equipment, Motor Vehicles \| \| \| \| \| \| \| \| \| \| 4. \| Furniture and Fixtures, Electrical installations and Office Equipment \| \| \| \| \| \| \| \| \| \| \| Total. \| \| \| \| \| \| \| \| \| \| \| Buildings under Construction. \| \| \| \| \| \| \| \| \| \| Total. \| \| \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \| \| \| \| \| \| \| M --- \| \| \| --- \| \| Personnel Expenses \| \| \| (Rupees in lakhs) \| \| \| Current Year \| Previous Year \| \| Salaries and Allowances \| \| \| \| (a) Managing Director \| \| \| \| (b) Staff and Officers \| \| \| \| Medical Expenses \| \| \| \| (a) Managing Director \| \| \| \| (b) Staff and Officers Contribution of Provident Fund Contribution to Pension \| \| \| \| Gratuity (including contribution to Group Gratuity) Leave Travel Concession Staff Training Expenses Staff Welfare Expenses \| \| \| \| Total...........) \| \| \| N --- \| \| \| --- \| \| Administrative Expenses \| \| \| (Rupees in lakhs) \| \| \| Current Year \| Previous Year \| \| Travelling Expenses: \| \| \| \| (i) Managing Director \| \| \| \| (ii) Directors \| \| \| \| (iii) Staff and Officers Sitting Fees to Directors Rent, taxes and Insurance Postage, Telegrams and Telephones Motor Car Expenses \| \| \| \| Printing and Stationery Publicity and Advertisement Books, Periodicals and Newspapers Repairs, Renewals and Maintenance Bank charges and Commission Remuneration to Auditors: \| \| \| \| (i) Audit Fees \| \| \| \| (ii) Tax Audit Fee \| \| \| \| (iii) Incidental Expenses Legal Charges \| \| \| \| Professional and Consultancy charges Power charges \| \| \| \| Board Meetings/AGM expenses Membership fees/Subscriptions for Institutions Other Expenses \| \| \| \| Total.............................) \| \| \| Nomination Form I/We ..................................................................... (Name(s) and Address(es) of the shares/bonds/deposits/debenture Holder(s) Nominate the following person to whom in the event of my/our/minor's death the amounts payable on account of Bonds/Deposits/Debentures, particulars whereof are given below, may be returned by Andhra Pradesh State Financial Corporation 5-9-194, Chirag Ali Lane, Hyderabad. Details of Deposit/Bond/Debenture \| \| \| \| \| --- \| --- \| --- \| \| Deposit/Bond/Debenture \| Distinguishing Number \| Additional Details, if any \| \| \| \| \| \| \| \| \| Nominee \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| Name and Address (Only one Nominee) \| Relationship with Depositor, if any \| Age \| If nominee is a minor, Give Date of Birth \| \| \| \| \| \As the nominee is a minor on this date, I/We appoint.......................................................... (Name, Address and of the guardian) to receive the amount of the deposit in the account on behalf of the nominee in the event of my/our/minor's death during the minority of the nominee. \| \| \| \| --- \| --- \| \| …................................................... \| …................................................... \| \| Signature (Name and Address of witness) \| Signature(s) of Depositor(s) \| \| Place:Date: \| Note:Where deposit is made in the name of a minor, the nomination should be signed by a person lawfully entitled to act on behalf the minor. \| \ Strike out if nominee is not a minor: \* Nomination without witness is not valid and cannot be registered.
65ba893fab84c7eca86ebf57	acts	Union of India - Act ---------------------- The Board for Industrial and Financial Reconstruction Regulations, 1987 ------------------------------------------------------------------------- UNION OF INDIA India The Board for Industrial and Financial Reconstruction Regulations, 1987 ========================================================================= Regulation THE-BOARD-FOR-INDUSTRIAL-AND-FINANCIAL of 1987 ----------------------------------------------------------- * Published on 1 January 1987 * Commenced on 1 January 1987 Central Government Act The Board for Industrial and Financial Reconstruction Regulations, 1987 BOARD FOR INDUSTRIAL AND FINANCIAL RECONSTRUCTION REGULATIONS, 19871 ### 1. Short title and commencement. (1) These regulations may be called the Board for Industrial and Financial Reconstruction Regulations, 1987. (2) They shall come into force on the date of their publication in the Official Gazette. ### 2. Interpretation .(1) The General Clauses Act, 1897 ( 10 of 1897 ), shall apply to the interpretation of these regulations. (2) Words and expressions used but not defined in these regulations, in the Act, in the Companies Act, 1956 ( 1 of 1956 ), and in the Industries (Development and Regulation) Act, 1951 ( 65 of 1951 ), shall have the meanings, if any, respectively assigned to them in the General Clauses Act, 1897 ( 10 of 1897 ). ### 3. Definitions. In these regulations, unless the context otherwise requires,(a) Act means the Sick Industrial Companies (Special Provisions) Act, 1985 ( 1 of 1986 ); (b) Board means the Board for Industrial and Financial Reconstruction established under section 4 and includes, where the context so requires, a Bench exercising the jurisdiction, powers and authority of the Board; (c) Bench means a Bench of the Board constituted under sub-section (2) of section 12; (d) Chairman means the Chairman of the Board appointed under section 4; (e) informant means the person making a reference to the Board on behalf of the sick industrial company under sub-section (1) of section 15 or on behalf of the Central Government, the Reserve Bank, a State Government, a public financial institution, a State-level institution, or, as the case may be, a scheduled bank under sub-section (2) of section 15 1 [and a person making a report to the Board under sub-section (1) of section 23A]; (f) Member means a member of the Board; (g) Operating agency means any public financial institution, 2 [State level institution, scheduled bank or any other person] as may be specified by general or special order, as its agency, by the Board; (h) persons interested includes a sick industrial company, a transferee [ *\] company within the meaning of clause (c) of sub-section (1) of section 18, any other [** \] company concerned in the amalgamation, any shareholder, any creditor or employee of such [\\\] companies; (i) Registrar means an officer appointed by the Chairman as the Registrar and includes any officer to whom powers and functions of the Registrar have been entrusted by the secretary and such other person who is for the time being discharging the functions of the Registrar; (j) reference to court, while applying the provisions of the Code of Civil Procedure, 1908 (5 of 1908), shall be understood to refer to the Board and similarly reference to plaintiff or defendant shall be understood to refer to appropriate parties before the Board; (k) reference to suits or petitions, while applying the provisions of the Code of Civil Procedure, 1908 (5 of 1908), shall be understood to refer to appropriate proceedings under the Act; (l) Secretary means a Secretary to the Board appointed by the Central Government under sub-section (1) of section 8; (m) section means a section of the Act. ### 4. Board's Office. (1) The Central Office of the Board shall be at Delhi. (2) The Central Office of the Board shall be open at such times as the Chairman may direct. ### 5. The proceedings of the Board shall be conducted in English or Hindi. ### 6. No reference, application, representation, document or other matters contained in any language other than English or Hindi shall be accepted by the Board, unless the same is accompanied by a true translation thereof in English or Hindi. ### 7. Filing of References, Letters, etc. All references, letters, replies, rejoinders, documents or papers required to be filed before or submitted to the Board shall be written, or as the case may be, typewritten, cyclostyled or printed neatly, and legibly on one side of foolscap size paper, in double space, provided that true copies of documents prepared by any other mechanical or chemical process, including photocopying may be filed or submitted. Board, unless the same is accompanied by a true translation thereof in English or Hindi. ### 8. Holiday. Where the last day for doing any act falls on a day on which the office of the Board is closed and by reason thereof, the act cannot be done on that day, it may be done on the next day on which that office is open. ### 9. Adjournments. The Board may, if sufficient cause is shown, at any stage of any inquiry or proceeding, grant time to the parties or to any of them and may from time to time adjourn the inquiry or hearing of the proceedings. ### 10. Ex parte proceedings. Where on the day fixed for hearing, any of the parties does not appear, the proceedings, unless adjourned by the Board, shall continue in the absence of the party not so appearing. ### 11. Extension or abridgement of time. Subject to the provisions of the Act, the time prescribed by these regulations or by an order of the Board, for doing any act,(a) may be extended by an order of the Board (whether it has already expired or not); or (b) may be abridged by an order of the Board, after giving notice to the concerned parties. ### 12. Effect of non-compliance and application of Code of Civil Procedure. (1) Failure to comply with any requirement of these regulations shall not invalidate the proceeding merely by reason of such failure, unless the Board is of the view that such failure has resulted in mis-carriage of justice. (2) Subject to the provisions of sub-section (3) of section 13, where no specific provision has been made in these regulations, the Code of Civil Procedure, 1908 (5 of 1908), to the extent as may be deemed expedient by the Board, shall apply to the proceeding. ### 13. Service of notices or other documents. (1) Every notice or other document required to be served on or delivered to any person may be sent by registered post addressed to the person or his agent empowered to accept service at the address furnished by him for service or at the place where the person or his agent ordinarily resides or carries on business or personally works for gain, and every notice or other document required to be delivered to or filed with the secretary, may be delivered at the office of the Board or sent by registered post to the secretary at the office of the Board. An acknowledgement purporting to be signed by the person or the agent or an endorsement by a postal employee that the person or the agent has refused to take delivery may be deemed by the Board to be prima facie proof of service and section 27 of the General Clauses Act, 1897 ( 10 of 1897 ), shall apply. (2) Any notice or other document required to be served on or delivered to a company may be sent to the chairman, managing director, secretary, manager or other principal officer of the company at the registered office of the company, by registered post or by leaving it at its registered office. (3) Every notice or other document required to be served on the Central Government or, as the case may be, the State Government, shall be addressed and sent to the Secretary of the appropriate Ministry or Department and shall be served in the manner specified in sub-regulation (1) to this regulation. ### 14. Meetings of the Board. (1) The Board may meet at such times and places, for conduct of its business, as it may think fit provided that in the absence of a decision of the Board to the contrary, the Chairman shall decide the time and place for the sittings of the Board. (2) A minimum number of three members personally present at a meeting of the Board shall be the quorum for that meeting of the Board. (3) In the case of difference of opinion among the members of the Board, the opinion of the majority of the members present at the meeting shall prevail and orders of the Board shall be expressed in terms of the views of the majority. Any member dissenting from the majority view may record his reasons separately. If the members are evenly divided in their opinions, the Chairman shall have a second or casting vote. (4) The proceedings of each meeting of the Board shall be signed and dated by the Chairman, or in his absence, by the member presiding over the meeting as soon as may be, after the conclusion of the meeting and the proceedings so signed shall be conclusive evidence of the proceedings recorded therein. 3 [(5) The [Chairman] may, by general or special order, direct that any matter which is required to be considered by it may be disposed of by circulation, instead of a meeting of the Board.] Explanation. This regulation shall not apply to a Bench, sitting as a Bench. ### 15. Authentication and communication of orders of the Board. (1) All orders and decisions of the Board shall be authenticated by the signature of the Chairman or any other member, or the Secretary, or any other officer empowered in this behalf by the Chairman, and bear the official seal of the Board. (2) Every order of the Board shall be communicated under the signature of the Secretary or any other officer of the Board duly empowered by Secretary, in this behalf. ### 16. Benches. (1) Each Bench shall consist of not less than two Members. The Chairman of the Board shall by order constitute such number of Benches as he may deem fit. [He shall, from time to time, assign] the cases to be dealt with by the respective Benches, provided that [he] may constitute, as and when deemed fit, a Bench for dealing with a particular case or batch of cases. [He] may also transfer a case from one Bench to another. [Provided if at any stage of proceedings in a case pending before a Bench, it appears to the Members of the said Bench, that having regard to the importance, complexity, or other relevant considerations thereof, that case should be heard and dealt with by a larger Bench, the matter may be referred by the concerned Bench to the Chairman for constitution of such a bench, and the Bench reconstituted as deemed fit by the Chairman, shall thereafter hear and deal with that case.] (2) The places at which the Benches shall sit, shall be such as the Chairman may, by order, specify. (3) Subject to the other provisions of these regulations, every order made or act done by a Bench in exercise of its powers shall be deemed to be the order or act, as the case may be, of the Board. (4) There shall be a separate official seal indicating that it is the seal of a Bench of the Board and such Bench shall be provided with a seal which shall also indicate the Bench to which it relates. (5) Each such seal shall be kept under the custody of the Registrar and shall be used under his directions. (6) Every order, communication, or notice issued or certified copy granted by any Bench shall be stamped with the seal of the Bench and shall be authenticated by the Registrar. (7) The Registrar shall have the custody of the records of the Bench. (8) The Registrar shall discharge such other functions as are entrusted to him by the Secretary. ### 17. Publication of Orders. Such of the orders of the Board, as are deemed fit for publication in any authoritative report or the Press, may be released for such publication on such terms and conditions as the Chairman may specify. ### 18. Power to remove difficulties. If any difficulty arises in giving effect to any of the provisions of these regulations, the Board may, by general or special order, do anything, not being inconsistent with the provisions of the Act, which appears to it to be necessary or expedient for the purpose of removing the difficulty. ### 19. 4 [(1) Every reference to the Board under sub-section (1) of section 15 shall be made(i) in Form A in respect of an industrial company other than a Government Company; (ii) in Form AA in respect of a Government Company,] and shall be accompanied by five further copies thereof alongwith four copies each of all the enclosures thereto. 4 [(2) Every reference to the Board under sub-section (2) of section 15 shall be made(i) in Form B in respect of an industrial company other than a Government Company; (ii) in Form BB in respect of a Government Company,] and shall be accompanied by five further copies thereof alongwith four copies each of all the enclosures thereto. (3) A reference may be filed either by delivering it at the office of the Board or by sending it by registered post. (4) On receipt of a reference, the Secretary, or as the case may be, the Registrar shall cause to be endorsed on each reference, the date on which it is filed or received in the office of the Board. [(5) If on scrutiny, the reference is found to be in order, it shall be registered, assigned a serial number and submitted to the Chairman or assigning it to a Bench. Simultaneously, remaining information/documents required, if any, shall be called for from the informant. (6) If on scrutiny, the reference is not found to be in order, the Secretary or, as the case may be, the Registrar may, by order, decline to register the reference and shall communicate the same to the informant. (7) A reference declined to be registered shall be deemed not to have been made.] (8) (1) An appeal against the order of the Registrar declining to register a reference shall be made by the aggrieved person to the Secretary within fifteen days of communication to him of such an order. (2) An appeal against the order of the Secretary declining to register a reference shall be made by the aggrieved person to the Chairman within fifteen days of communication to him of such an order and the Chairman's decision thereon shall be final. ### 20. (1) The Board or, as the case may be, the operating agency, may call for such additional information as it considers necessary in connection with any enquiry or investigation under the Act or any of these regulations from the informant or any authority, public financial or other institution, or any other person. (2) The Board may address communications to the informant, to the sick industrial company if it is not the informant, the concerned Government Department, the operating agency and such other authorities, institutions or persons as considered appropriate, calling for such other particulars and information, as in the opinion of the Board, may be relevant to the matters under consideration by the Board. The replies to such communications of the Board shall be submitted by the addressees, in quadruplicate. (3) The Board may call the informant, the Board of directors of the industrial company, or their authorised representative, if any, any Government official or any other person for such discussion as it may consider necessary, in connection with the matters under consideration. (4) The Board may visit any establishment, including that of the informant, as it may consider necessary and hold discussions with the representative of the informant, if in the opinion of the Board, such visits and discussions may be expedient in the interest of proper determination of matters under consideration. (5) The Board may depute such of its officers and staff to such places to meet such persons, as it may deem appropriate, for investigating and discussing matters under its consideration and call for reports from them. (6) The informant, the concerned industrial company when it is not the informant, and other interested persons, who have sent their comments or suggestions to the Board, and expressed the desire that they would like to be heard and whom the Board may determine to hear shall be intimated about the date of hearing. The persons who have sent their comments or suggestions and intimation that they would like to participate in the hearing shall file with the Board, not less than 10 days before the date of hearing, a written statement containing the gist of the submissions that they would like to make at the hearing. (7) Where there are a large number of persons having common interest, the persons having common interest may select one or more persons for appearing in the proceedings on their behalf or for their benefit: Provided that intimation in this regard shall be sent to the Board within the time prescribed in sub-regulation (1) of this regulation. (8) The Board shall hear the persons to whom an intimation of hearing has been sent and who present themselves for hearing. (9) In the proceedings before the Board, the informant or the operating agency shall be entitled to be represented by such officer or officers as it may depute. The other persons concerned may either be heard by themselves or be represented by a legal practitioner, specially authorised by them, to act on their behalf. ### 21. Upon a reference with respect to an industrial company under section 15 or upon information received with respect to such company, or upon its own knowledge as to the financial condition of the company, the Board may(a) itself make such inquiry, as it may deem fit, for determining whether the industrial company has become a sick industrial company; or (b) if it deems necessary or expedient so to do, for the expeditious disposal of inquiry mentioned at (a) above, direct by an order, an operating agency, to be specified in the order, to enquire into and make a report with respect to such matters as may be specified in the order: Provided that reasonable opportunity for making submissions shall be given by the Board to the informant, and to the concerned industrial company if it is not the informant, before deciding whether the said company has become a sick industrial company or not. ### 22. Where the Board, after considering the report submitted by the operating agency and report thereon, if any, of the Secretary submitted in pursuance of an order made by the Board or the Chairman or in accordance with the rules made under the Act, is of the opinion that the report of the operating agency is not complete with respect to any of the matters referred to it for inquiry by the Board, the Board may direct the operating agency to make such further inquiry as it may deem necessary and submit a further report to the Board. ### 23. The operating agency shall complete its inquiry as expeditiously as possible and make endeavour so to do within sixty days of the commencement of the inquiry. ### 24. Where the Board after completion of its inquiry or after considering the report or, as the case may be, the further report of the operating agency, is satisfied that no case exists for coming to the conclusion that the industrial company has become a sick industrial company, it shall drop further proceedings in the reference. ### 25. Where the Board after completing its enquiry, or after considering the report or, as the case may be, the further report of the operating agency, is satisfied that the industrial company has become a sick industrial company, it shall hold further proceedings in accordance with the procedure prescribed in these regulations. ### 26. The Board shall, after giving to the informant and to the sick industrial company if it is not the informant, a reasonable opportunity of making their submissions, pass such order as deemed fit under sub-sections(1) , (2), (3) or (4) of section 17. ### 27. On receipt of an order of the Board in terms of sub-section (3) of section 17 of the Act, in relation to a sick industrial company, the specified operating agency shall prepare a scheme, having regard to the guidelines specified in the said order, within the time prescribed under sub-section(1) and in terms of sub-sections (1) and (2) of section 18: Provided that the Board may at the request of the concerned operating agency and on sufficient cause being shown, suitably extend the time for submission of the scheme. ### 28. The Board, after considering the scheme prepared by the operating agency and report thereon, if any, of the Secretary, submitted in pursuance of an order made by the Board, on the point as to whether the scheme has been prepared in accordance with the guidelines specified in the order of the Board made under sub-section (3) of section 17, shall prepare a draft scheme and cause a copy of the same to be sent to the sick industrial company and the operating agency: Provided that in case the said scheme envisages amalgamation of the sick industrial company with another 5 [ *\] company [or vice-versa ], a copy thereof shall also be sent to the transferee 5 [** \] company and any other 5 [\\\] company concerned in the amalgamation for suggestions and objections, if any. The suggestions and objections, if any, shall be furnished to the Board within such time as may be specified by the Board: Provided that the Board may, at the request of the concerned party and on sufficient cause being shown, suitably extend the time for submission of suggestions and objections. ### 29. The Board shall publish or cause to be published short particulars concerning the draft scheme, by way of notification, in such daily newspapers and periodicals, as it may consider necessary, inviting suggestions and objections regarding the draft scheme, within such time as may be mentioned in the notification, from the shareholders, creditors and employees of the sick industrial company, the transferee 6 [ *\] company as well as any other 6 [** \] company concerned in the amalgamation. ### 30. The Board shall consider the suggestions and objections received from the sick industrial company, the operating agency or, as the case may be, from the transferee 7 [ \] company and any other 7 [** \] company concerned in the amalgamation and from any shareholder, creditor, or employee, of such industrial companies. ### 31. Where the draft scheme envisages amalgamation 8 [\\\], the Board shall not proceed with the scheme, unless the board of directors of the 9 [company other than the sick industrial company] shall have placed the draft scheme before the transferee industrial company, in the general meeting of its shareholders and the shareholders shall have approved the draft scheme, with or without modification, by a special resolution. ### 32. The Board may, thereafter, by order in writing sanction the scheme, with or without any modification, in terms of sub-section (4) of section 18. ### 33. For modification of the sanctioned scheme or preparation of a fresh scheme in pursuance of the order of the Board under sub-section (5) of section 18, the procedure prescribed in regulations 28, 29, 30, 31 and 32 of these regulations shall, as far as may be, be followed, as it applies to a scheme prepared under regulation 28. ### 34. (1) A scheme under sub-section (1) of section 19, which provides for financial assistance to the sick industrial company by way of loans, advances, guarantees, reliefs, concessions or sacrifices from the Central Government, a State Government, any scheduled or other bank, a public financial institution or State level institution, or any institution or other authority, shall be sanctioned by the Board, with the consent of the Government, bank, institutions or other authorities called upon to provide loans, advances, guarantees, reliefs, concessions or sacrifices. (2) The Board shall cause the scheme to be circulated to every person required by the scheme, to provide financial assistance by way of loans, advances, guarantees, reliefs, concessions or sacrifices for giving his consent, latest within a period of sixty days from the date of such circulation 10 [or within such further period not exceeding 60 days as may be allowed by the Board. If no such consent is received, it shall be deemed to have been given]. (3) Upon receipt of consent from every person 11 [or when such consent is deemed to have been given] in terms of sub-regulation (2) , the Board may, as soon as may be, sanction the scheme, which shall be binding on all concerned on and from the date of such sanction. ### 35. Where consent under sub-section (2) of section 19 is not given by any person required by the scheme to provide loans, advances, guarantees, reliefs, concessions or sacrifices with respect to the sick industrial company, the Board may adopt such other measures, including winding up of the industrial company, as it may deem fit. ### 12. [ 36 [(1) ] Industrial Companies required to report the erosion of their net worth under section 23 shall do so in the following manner:(i) Companies other than Government company in Form C'. (ii) Government Company in Form CC'. [(2) Reports of erosion of net worth within the meaning of sub-section (1) of section 23A shall be made in Form D in respect of an industrial company other than a Government company and Form DD in respect of a Government company and shall be accompanied by five further copies thereof. (3) On receipt of a report in Form D or, as the case may be, in Form DD the same shall be submitted through the Secretary, to the Chairman for assigning the case to a Bench for dealing with the same in accordance with the provisions of the Act.] ] ### 37. No member, officer or employee of the Board shall disclose any information obtained, or received by him or otherwise in his possession, being an information relating to the affairs of the Board, or relating to an industrial company or industrial undertaking concerned in any proceedings before the Board, except to persons legally entitled thereto. ### 38. Inspection and copies of documents, etc. (1) A party to any proceeding before the Board may, subject to regulation 37 of these regulations, on an application made by him in that behalf addressed to the Secretary, be allowed, during office hours, to inspect or get copies of records, including documents in the proceedings, on payment of the fees and charges as prescribed by these regulations. (2) The Secretary may, subject to the provisions of regulation 37, on the application of a person, who is not a party to the proceedings, on good cause shown, allow such inspection or to obtain such copies, as are mentioned in the last preceding sub-regulation, on payment of the fees/charges as prescribed by these regulations: 13 [Provided that such inspection or furnishing of copies of documents may be allowed without any fees/charges, to reputed research instutitions, bona fide scholars or academicians, subject to such restrictions and conditions as may be deemed necessary to ensure proper use of the information/material or the copies, as the case may be, so obtained, or to prevent their misuse.] (3) An inspection shall be allowed only in the presence of an officer of the Board and copies of documents, etc., shall not be allowed to be taken, but notes of inspection may be taken. (4) Copying charges shall be worked out at the rate of [Rs.10] for a folio or part thereof, of material not involving typing of statements and figures and at the rate of 2 [Rs. 20] per folio or part thereof, involving typing of statements or figures. Fees for inspection shall be worked out at the rate of [Rs.100] per hour of inspection. (5) Every duly authorised officer of the Central Government, a State Government or a person duly authorised by a public financial institution, State level institution, the Reserve Bank or, as the case may be, a scheduled bank shall be entitled, on authorisation by the Secretary, at all reasonable times, to inspect the file of the proceedings before the Board and to take copies or extracts from any document therein and to be furnished such copies of extracts. [(6) Secretary may delegate the powers to allow inspection and supply copies of records, including documents referred to in sub-regulations (1) and (2) of this regulation to the Registrar.] ### 39. Investigations, etc ., by officers of the Board. The Board may, at any time, direct the Secretary, or any one or more of its officers to study, investigate, and report or furnish information with respect to any matters under consideration by the Board in relation to their functions under the Act. The Board may, for this purpose, give such other directions as it may deem fit, and specify the time within which the report is to be submitted or information furnished. If any such report or information appears to the Board to be insufficient or inadequate, the Board may give directions for giving a further report or information: Provided that, if the report or information so obtained or any part thereof is brought on record of any inquiry and is proposed to be relief upon by the Board, for forming its opinion or view, the party or parties to the enquiry shall be given a reasonable opportunity for making his or their submission with respect thereto. ### 40. Assistance to the Board. The Board may, at any time, take the assistance of public financial institutions, banks or other institutions, consultants, experts, chartered accountants, surveyors and such other technical and professional persons as it may consider necessary and ask them to submit report or furnish any information: Provided that if the report or information so obtained or any part thereof is brought on record of any inquiry and is proposed to be relied upon by the Board for forming its opinion or view, the party or parties to the inquiry shall be given a reasonable opportunity of making his or their submissions with respect thereto. ### 41. Nothing in these regulations shall bar the Board from adopting, in conformity with the provisions of the Act, a procedure, which is at variance with any of the provisions of these regulations, if the Board, in view of the special circumstances of a case or a class of cases and for reasons to be recorded in writing, deems it necessary or expedient for dealing with such a case or class of cases. ### 1. Added by BIFR (Amendment) Regulations, 1994. ### 2. Added by BIFR (Amendment) Regulations, 1994. ### 3. Ins. by BIFR (Second Amendment) Regulations, 1993. ### 4. Subs. by BIFR (Amendment) Regulations, 1992. ### 5. Omitted by BIFR (Amendment) Regulations, 1994. ### 6. Omitted by BIFR (Amendment) Regulations, 1994. ### 7. Omitted by BIFR (Amendment) Regulations, 1994. ### 8. Omitted by BIFR (Amendment) Regulations, 1994. ### 9. Subs. by BIFR (Amendment) Regulations, 1994. ### 10. Ins. by BIFR (Amendment) Regulations, 1994. ### 11. Added by BIFR (Amendment) Regulations, 1994. ### 12. Subs. by BIFR (Amendment) Regulations, 1994. ### 13. Added by BIFR (First Amendment) Regulations, 1995 .
65b93cd1ab84c7eca86e8b14	acts	State of Odisha - Act ----------------------- The Orissa Service of Engineers' (Validation of Appointment) Act, 1994 ------------------------------------------------------------------------ ODISHA India The Orissa Service of Engineers' (Validation of Appointment) Act, 1994 ======================================================================== Act 2 of 1995 --------------- * Published on 13 January 1995 * Commenced on 13 January 1995 The Orissa Service of Engineers' (Validation of Appointment) Act, 1994 Orissa Act 2 of 1995 [Dated 13th January, 1995] No.718/Legislative - The following act of the Orissa Legislative Assembly having been assented to by the Governor on the 7th January 1995, do hereby publish for general information. An Act to Validate the ad hoc appointment of certain Assistant Engineers (Tele-Communication) made to the Orissa Service of Engineers Be it enacted by the legislature of the 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 Service of Engineers (Validation of Appointment) Act, 1994. ### 2. Definitions. - In this Act, unless the context otherwise requires,- (a) "Government" means Government of Orissa; (b) "Recruitment Rules" means the Orissa Service of Engineers' Rules, 1941; (c) "Service" means the Orissa Service of Engineers; and (d) "Year" means the calendar year. ### 3. Validation. (1) Notwithstanding anything contained in the recruitment rules, three Assistant Engineers (Telecommunication) who were appointed to the Service on ad hoc basis by the Government in the Energy Department in the year, 1987 to meet the requirement of the Orissa State Electricity Board and are continuing as such, shall be deemed to have been validly and regularly appointed under the Energy Department of the Government against the direct recruitment quota of the service 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 such appointment was made otherwise than in accordance with the procedure laid down in the recruitment rules. (2) The inter se seniority of the Assistant Engineers (Telecommunication) whose appointments are so validated under Sub-section (1) shall be determined according to their order of appointment to the Service on ad hoc basis in the year, 1987 and they shall be en bloc junior to the Assistant Engineers (Telecommunication) appointed to the service in accordance with the recruitment rules prior to the commencement of this Act. (3) The services rendered by the said three Assistant Engineers (Telecommunication) prior to the commencement of this Act shall, subject to the provisions in Sub-section (2) count for the purposes of their pension, leave and increment add for no other purpose.
65ba7cdcab84c7eca86eba2f	acts	Union of India - Act ---------------------- The Information Technology (Removal Of Difficulties) Order, 2002 ------------------------------------------------------------------ UNION OF INDIA India The Information Technology (Removal Of Difficulties) Order, 2002 ================================================================== Rule THE-INFORMATION-TECHNOLOGY-REMOVAL-OF-DIFFICULTIES-ORDER-2002 of 2002 ---------------------------------------------------------------------------- * Published on 19 September 2002 * Commenced on 19 September 2002 The Information Technology (Removal Of Difficulties) Order, 2002 Published vide Notification Gazette of India, Extraordinary, Part 2, Section 3(ii) , dated 19th September, 2002. ### 1966. S.O. 1015(E) , dated 19th September, 2002. - In exercise of the powers conferred by sub-section (1) of the Section 86 of the Information Technology Act, 2000 ( 21 of 2000 ), the Central Government hereby makes the following Order, namely. ### 1. (1) This Order may be called the Information Technology (Removal of Difficulties) Order, 2002. (2) It shall come into force at once. ### 2. In Section 25 of the Information Technology Act, 2000 ( 21 of 2000 ) (hereinafter referred to as the said Act) in sub-section (1) , for Cl. (c), the following clause shall be substituted namely: "(c) failed to maintain the procedures and standards specified in Section 30." ### 3. In Section 40 of the said Act, (i) the words "then", shall be omitted; (ii) for the words "the key" the words "that key" shall be substituted. ### 4. In Section 42 of the said Act in sub-section (1) , the words "to a person not authorised to affix the digital signature of the subscriber." shall be omitted. ### 5. In Section 63 of the said Act, in sub-section (1) , for the word "Chapter" the word "Act" shall be substituted. ### 6. In Section 89 of the said Act, in sub-section (2) , for the brackets and letter "(m)" the brackets and letter "(n)" shall be substituted."
65b964c9ab84c7eca86e9026	acts	State of Bihar - Act ---------------------- Bihar Electricity Regulatory Commission (Multi Year Distribution Tariff) Regulations, 2015 -------------------------------------------------------------------------------------------- BIHAR India Bihar Electricity Regulatory Commission (Multi Year Distribution Tariff) Regulations, 2015 ============================================================================================ Rule BIHAR-ELECTRICITY-REGULATORY-COMMISSION-MULTI-YEAR-DISTRIBUTION-TARIFF-REGULATIONS-2015 of 2015 ------------------------------------------------------------------------------------------------------ * Published on 15 September 2015 * Commenced on 15 September 2015 Bihar Electricity Regulatory Commission (Multi Year Distribution Tariff) Regulations, 2015 Published vide Notification No. BERC-Suo Motu Proceeding No. 30/2014/06, dated 15.9.2015 Last Updated 15th February, 2020 No. BERC-Suo Motu Proceeding No. 30/2014/06. - In exercise of powers conferred by sub section (1) of section 181 and clauses (zd), (ze) and (zf) of sub-section (2) of section 181, read with sections 61, 62, and 86, of the Electricity Act, 2003 (36 of 2003) and all other powers enabling it in that behalf, the Bihar Electricity Regulatory Commission hereby makes the following Regulations. ### 1. Short Title and Commencement. - 1.1 These regulations shall be called the Bihar Electricity Regulatory Commission (Multi Year Distribution Tariff) Regulations, 2015. 1.2 These Regulations shall come into force from the date of their notification in the Official Gazette. ### 2. Scope and Extent of Application. - 2.1 These Regulations shall apply to all the Distribution Licensees in the State of Bihar. 2.2 These Regulations shall be applicable for determination of tariff in all cases covered under these Regulations from 1st April 2016 and onwards up to FY 2021 i.e., till 31st March 2021] or till these Regulations are amended. 2.3 These Regulations shall be applicable where the cost based/Aggregate Revenue Requirement (ARR) based tariff is determined by the Commission. 2.4 These Regulations shall extend to the whole of the State of Bihar. ### 3. Definitions. - 3.1 In these regulations, unless the context otherwise requires, - (1) "Act" means the Electricity Act, 2003 (36 of 2003); (2) "Aggregate Revenue Requirement" or "ARR" means the costs pertaining to the licensed business which are permitted, in accordance with these Regulations, to be recovered from the tariffs and charges determined by the Commission; (3) "Base Year" means the financial year immediately preceding first year of the control period and used for the purposes of these Regulations; (4) "Commission" means the Bihar Electricity Regulatory Commission; (5) "Conduct of Business Regulations" means the Bihar Electricity Regulatory Commission (Conduct of Business) Regulations, 2005, and its amendments from time to time. (6) "Control Period" means a multi-year period normally comprising of five financial years or as may be determined by the Commission, for submission of forecast in accordance with these Regulations; (7) "Expenditure" Reasonable and required expenditure actually incurred on the following: (a) purchase of energy; (b) salaries and wages of staff, welfare expenses excluding management remuneration covered below; (c) Directors remuneration, fees, expenses including facilities; (d) salaries and wages of corporate office / registered office; (e) financing cost excluding penal interest / charges; (f) interest charges on loan(s) borrowed for capitalized assets; (g) interest on temporary accommodation to the extent of approved unrealized arrears from the consumers (h) interest on working capital (i) Return on equity; (j) Income Tax (k) financing charges applicable to operational account; (l) interest on cash security deposits from consumers; (m) interest on advance against sales from consumers, if any; (n) Impact of variation in foreign exchange rate in case of foreign currency loan taken with due approval and is not capitalized; (o) Depreciation (p) Rents, rates and taxes, other than all taxes relating to income / profits; (q) Legal charges; (r) Auditor's expenses, Auditor's fees; auditor's expenses; Payment to Auditors in any other capacity or for any work which is necessary to be got done from them in connection with audit; (s) Consultancy charges for work which cannot be done in house or is uneconomical in doing in-house or is essential to be done from outside sources; (t) Bad debts actually written off subject to Commission's clearance; (u) Other expenses necessary which are ancillary or incidental to the business of electricity except penalty etc levied under the Act or any other law in force; (8) "Financial Year" means a period commencing on 1st April of a calendar year and ending on 31st March of the subsequent calendar year; (9) "Income" shall include all income from any sources but shall not be limited to the following: (a) sale of energy or gross receipts from sale of energy less discounts / rebates given based on the orders of the Commission; (b) Rental of meters, plant, equipment and other apparatus hired to the consumers; (c) Income from services to consumers by way of repair or any sale or other service other than capital receipts; (d) Interest on investments, bank balances including fixed and call deposits and any other income in the form of interest; (e) Profit on sale of assets; (f) Wheeling of energy; (g) Non tariff income; (h) Income from other business; (i) Transmission of energy; (j) Cross subsidy surcharge u/s 42(2) of the Act; (k) Additional surcharge u/s 42(4) of the Act; (l) Any receipt or refund from other sources against any expense or likely expense which has been earlier allowed as expense in the tariff; (m) All other general receipts arising from and ancillary or incidental to the business of electricity supply; (n) Other general receipts in terms of Act / Regulations including use of assets for other business whether actually recovered or not; (10) "Licence" means a licence granted under clause (b) of section 14 of the Act; (11) "Licensed Business" means the functions and activities, which the licensee is required to undertake in terms of the licence granted by the Commission or being a deemed licensee as referred under sections 14 and 172 of the Act; (12) "Licensee" means a person who has been granted a licence and shall include a deemed licensee; (13) "Non-Tariff Income" means income relating to the licensed business other than from tariff (wheeling and retail supply), and excluding any income from other business, cross-subsidy surcharge and additional surcharge; (14) "Other Business" means any other business of the distribution licensee for optimum utilization of its assets within the meaning of Section 51 of the Act; (15) "Retail Supply Business" means the business of sale of electricity by a distribution licensee to the consumers within the area of supply in accordance with the terms of the licence for distribution and retail supply of electricity; (16) "Wheeling" means the operation whereby the distribution system and associated facilities of a distribution licensee are used by another person for the conveyance of electricity on payment of charges to be determined under section 62 of the Act, and in the event where use of the distribution system and associated facilities is by a consumer, on payment of a surcharge in addition to the charges for wheeling as may be determined by the Commission under the first proviso to sub-section (2) of Section 42 of the Act, an additional surcharge on the charges of wheeling, as may be specified by the Commission, if applicable, to meet the fixed cost of such distribution licensee arising out of his obligation to supply, under Sub-section (4) of Section 42 and wheeling charges under clause (c) of sub-section (1) of Section 62; (17) "Wheeling Business" means the business of operating and maintaining a distribution system for conveyance of electricity in the area of supply of the distribution licensee. 3.2 The words and expressions used and not defined in these Regulations, but defined in the Act, shall have the meanings respectively assigned to them in the Act. 3.3 The words "Application" or "Petition" shall be interpreted synonymously. Part - II General Principles ### 4. Multi-Year Tariff Framework. - 4.1 The Commission shall determine the tariff for distribution business under a Multi-Year Tariff framework with effect from April 1st of each financial year subject to provisions under regulations 8,12,13 and 14 of these Regulations.. 4.2 The Multi-Year Tariff framework shall be based on the following elements, for calculation of Aggregate Revenue Requirement and expected revenue from tariff and charges for Distribution Business: i. Control Period, before commencement of which a forecast of the Aggregate Revenue Requirement and expected revenue from existing tariff and charges shall be submitted by the applicant and approved by the Commission; ii. A detailed Business Plan based on the Operational Norms and trajectories of performance parameters specified in the MYT Regulations, for each year of the Control Period, shall be submitted by the applicant for the Commission's approval, subject to provisions under regulations 8,12,13,and 14 of these Regulations; iii. Based on the Business Plan, the applicant shall submit a petition with the forecast of Aggregate Revenue Requirement and expected revenue from existing tariff for each year of the Control Period, and the Commission shall approve the tariff for each year of the Control Period; iv. The mechanism for pass-through of approved gains or losses on account of uncontrollable factors as specified by the Commission in these Regulations; v. The mechanism for sharing of approved gains or losses arising out of controllable factors as specified by the Commission in these Regulations; ### 5. Business Plan. - 5.1 The Distribution Licensee shall file a Business Plan, for the Control Period which shall comprise but not be limited to detailed category-wise sales and demand projections, power procurement plan, capital investment plan, financing plan and physical targets. Provided that in case the Commission issues guidelines and formats, from time to time, the same shall be adhered to by the Distribution Licensee. 5.2 (a) The capital investment plan shall show separately, on-going projects that will spill into the year(s) under review and new projects (along with justification) that will commence but may be completed within or beyond the tariff period. The Commission shall consider and approve the capital investment plan for which the Distribution Licensee shall provide relevant technical and commercial details. Provided that for schemes involving capital expenditure greater than INR 5 Crore, the Distribution Licensee shall seek prior approval of the Commission. (b) The Distribution Licensee shall submit detailed supporting documents while seeking approval from the Commission. Provided that supporting documents shall include but not be limited to purpose of investment, capital structure, capitalization schedule, financing plan and cost-benefit analysis: (c) The approval of the capital expenditure by the Commission for the ensuing year shall be in accordance with load growth, system extension, rural electrification, distribution loss reduction or quality improvement as proposed in the Distribution Licensee's supporting documents. (d) The Commission may also undertake a detailed review of the actual works compared with the works approved in the previous Tariff Order while approving the capital expenditure for the ensuing year. (e) In case the capital expenditure is required for emergency work, the licensee shall submit an application, containing all relevant information along with reasons justifying the emergent nature of the proposed work, seeking post facto approval by the Commission. (f) The Distribution Licensee shall take up the work prior to receiving the approval from the Commission provided that the emergent nature of the scheme has been certified by its Board of Directors. (g) If the scheme involves capital expenditure of less than INR 5 Crore, and included in the capital investment plan referred in regulation 5.2, the Distribution Licensee shall undertake the execution of the scheme with simultaneous notification to the Commission with all of the relevant supporting documents. (h) Consumer's contribution towards cost of capital asset shall be treated as capital receipt and credited in current liabilities until transferred to a separate account on Commissioning of the assets. (i) An amount equivalent to the depreciation charge on such assets for the year shall be appropriated from this account as income to the profit and loss account over the useful life of the asset. 5.3 The Distribution Licensees shall project the power purchase requirement after considering effect of target set for Energy Efficiency (EE) and Demand Side Management (DSM) schemes. ### 6. Forecast. - 6.1 The applicant, based on the Business Plan, shall submit the forecast of Aggregate Revenue Requirement and expected revenue from tariff, for the Control Period by a Petition in accordance with BERC (Conduct of Business) Regulations, 2005 and its amendments from time to time, by 15th November of the year prior to the commencement of the Control Period and accompanied by such fee payable, as specified in the BERC (Fees, Fines and Charges) Regulations, 2005 as amended from time to time. 6.2 The forecast of Aggregate Revenue Requirement shall be developed using the assumptions relating to the behaviour of individual variables that comprise the Aggregate Revenue Requirement during the Control Period. 6.3 The forecast of expected revenue from tariff and charges shall be developed based on the following: (a) Estimates of quantum of electricity to be supplied to consumers and wheeled on behalf of Distribution System Users for each financial year within the Control Period; and (b) Prevailing tariff as on the date of making the application. ### 7. Specific trajectory for certain variables. - 7.1 The Commission shall stipulate a trajectory while approving the Business Plan, for certain variables having regard to the reorganization, restructuring and development of the electricity industry in the State: Provided that the variables for which a trajectory may be stipulated shall include, but are not limited to, Operation & Maintenance expense norms, supply availability, wires availability and distribution losses. 7.2 In case the Commission has approved the business plan by 31st October of current year, the trajectory stipulated by the Commission in the order approving the Business Plan submitted by the applicant, shall be incorporated by the applicant, in its forecast of Aggregate Revenue Requirement and/or expected revenue from tariff and charges under regulation 6.3 of these Regulations. ### 8. Annual Review of Performance and True-up. - 8.1 Where the Aggregate Revenue Requirement and expected revenue from tariff and charges of a Distribution Licensee are covered under a Multi-Year Tariff framework, such Distribution Licensee shall be subject to an annual review of performance and True-up during the Control Period in accordance with these Regulations. Provided that in case of excruciating and extra-ordinary circumstances, at any time notwithstanding the Annual Review, the Distribution Licensee may file appropriate application before the Commission. ### 9. Controllable and uncontrollable factors. - 9.1 The "uncontrollable factors" shall comprise the following factors which are beyond the control of, and could not be mitigated by the applicant: (a) Force Majeure events, such as acts of war, fire and natural calamities. (b) Change in law; (c) Taxes and Duties; (d) Variation in sales; if the Distribution Licensee has adequate power availability. (e) Supply availability beyond the control of Distribution Licensee, subject to prudence check and finding of the Commission during True-up exercise. (f) Variation in the cost of power generation and/or power purchase due to the circumstances specified in regulations 19 (d) and 20 of these Regulations. 9.2 Some illustrative variations or expected variations in the performance of the applicant, which may be attributed by the Commission to controllable factors include, but are not limited to the following: (a) Variations in capital expenditure on account of time and/or cost overruns/ efficiencies in the implementation of a capital expenditure project not attributable to an approved change in scope of such project, change in statutory levies or force majeure events; (b) Variations in distribution losses which shall be measured as the difference between the units input into the distribution system and the units billed for the same year. (c) Variations in Return on Equity (RoE), depreciation and working capital requirements; However, if the Commission is satisfied that the variation in the working capital requirement is attributable to any uncontrollable factors, the same may be considered as uncontrollable factor. (d) Failure to meet the standards specified in the Standards of Performance Regulations, except where exempted; (e) Variation in operation & maintenance expenses, except those attributable to directions of the Commission or to change in Government policy/law (f) Variation in Wires Availability and Supply Availability, within the control of Distribution Licensee. ### 10. Mechanism for pass-through of gains or losses on account of uncontrollable factors. - 10.1 The approved aggregate gain or loss to the Distribution Licensee on account of uncontrollable factors shall be a passed through, as an adjustment in the tariff of the Distribution Licensee, as specified in these Regulations and as may be determined in the Order of the Commission passed under these Regulations. ### 11. Mechanism for sharing of gains or losses on account of controllable factors. - 11.1 The approved aggregate gain or loss to the Distribution Licensee on account of controllable factors including distribution losses shall be on account of the Distribution Licensee. Part - III Procedure ### 12. Procedures relating to making of an application for determination of Tariff. - 12.1 An application for approval of the Business Plan shall be made by 15th September of the year prior to the commencement of the Control Period, in accordance with the BERC (Conduct of Business) Regulations, 2005 and its amendments from time to time, and accompanied by such fee payable, as specified in the BERC (Fees, Fines and Charges) Regulations, 2005" as amended from time to time. Provided that where no separate fee has been specified for filing of a Business Plan, the applicant shall pay fees as may be determined by the Commission. 12.2 An application for determination of tariff shall be made by 15th November every year, for Truing up of expenses of previous years, for Annual Performance Review (APR) of the Aggregate Revenue Requirement (ARR) for the current year and determination of ARR and tariff for retail sale of electricity for the ensuing years of the control period. The application should contain the data relating to each item of the ARR supported with the information/data in the formats 1 to 36 appended to these Regulations, revenue income on existing tariff, revenue income on proposed tariff, tariff design, structure and rates for retail sale of electricity, etc with explanatory notes and accompanied by such fees as may be specified under the BERC (Fees, Fines and Charges) Regulations, 2005 as amended from time to time. All the information as required in the formats appended to these Regulations along with justification shall be provided in the main petition and submission of information separately in the formats is not mandatory. Provided the Commission may require submission of additional information/data required for determination of ARR and tariff. Proceedings held by the Commission for determination of ARR and tariff shall be in accordance with the BERC (Conduct of Business) Regulations, 2005, as amended from time to time. 12.3 The petition for determination of tariff shall be accompanied by information for the previous year, current year (RE) and the ensuing years of the entire control period capturing the expected revenues from the tariff and charges including miscellaneous charges at existing rates along with detailed assumptions, parameters required in annual true-up, Annual Performance Review exercise, etc. Provided that the application shall be accompanied where relevant, by a detailed tariff revision proposal showing category-wise tariff and how such revision would meet the gap, if any, in Aggregate Revenue Requirement for each year of the Control Period. Provided further that the information for the previous year shall be based on audited accounts and in case audited accounts for previous year are not available, audited accounts for the immediately preceding year should be filed along with annual accounts for the previous year adopted by the Board of Directors of the licensee company. 12.4 The Distribution Licensee shall along with the aforesaid petition submit a statement on the status of compliance of directives, if any, issued by the Commission in its last tariff order. 12.5 The petition for determination of tariff shall include the details of actual subsidy received from the State Government vis-a-vis claimed by the Distribution Licensee in the True-up petition for the previous year: 12.6 The Commission may seek clarification and additional information on inadequacies in the application, if any, within 14 days or as may be practicable, of filing of the application for approval of the Business Plan and application for determination of tariff, as the case may be. 12.7 The Distribution Licensee shall respond within the next 10 days to the Commission with all clarification and information as required. 12.8 The Commission shall admit the application for approval of the Business Plan and application for determination of tariff, as the case may be, within seven days or as may be required, of submission of response to the clarifications, if any, by the Distribution Licensee. 12.9 Upon receipt of a complete application accompanied by all requisite information, particulars and documents in compliance with all the requirements specified in these Regulations, the application for approval of the Business Plan and application for determination of tariff, as the case may be, shall be deemed to be received and the Commission or the Secretary or the designated Officer shall intimate to the applicant with the abridged form of application for publication of public notice in the daily newspapers. In case of non-submission or delay in submission of additional information, the Commission may take suo-motu decision to formulate this abridged form of application as it deem appropriate. 12.10 The applicant shall, within three (3) days of the intimation given to him in accordance with Regulation 12.9, publish a notice inviting suggestions and objections from the public, in at least two (2) English and two (2) Hindi language daily newspapers widely circulated in the area to which the application pertains, outlining the proposed Business Plan or the proposed ARR and tariff, as the case may be, and such other matters as may be stipulated by the Commission. Provided that the applicant shall make available a hard copy of the complete application, to any interested party, at such locations and at such rates as may be stipulated by the Commission: Provided further that the applicant shall also put up on its internet website, in downloadable spreadsheet format showing detailed computations, the application made to the Commission along with all regulatory filings, information, particulars and documents in the manner so stipulated by the Commission: Provided further that the web-link to the information mentioned in the second proviso above shall be easily accessible, archived for downloading and shall be prominently displayed on the applicant's internet website: Provided also that the applicant may not provide or put up any such information, particulars or documents, which are confidential in nature, with the prior approval of the Commission. Explanation. - for the purpose of this Regulation, the term "downloadable spreadsheet format" shall mean one (or multiple, linked) spreadsheet software files containing all assumptions, formulae, calculations, software macros and outputs forming the basis of the application. 12.11 Notwithstanding anything contained in these Regulations, in case of delay/ non-submission of the application for approval of the Business Plan and application for determination of tariff, as the case may be, the Commission may initiate suo-motu proceedings mandating the filing of the said applications. Provided that in the event of the licensee not filing the application despite the aforesaid proceeding, the Commission may on its own, decide the tariff based on previous year's tariff details and after incorporating suitable adjustments. However before issuing tariff order under such circumstances, comments/ suggestions/ objections from the public and stake holders including the licensee will be invited and same will be considered for the tariff order. Provided further that the Commission may also pass directions under Section 129 and/or Section 142 of the Act, if required. ### 13. Order approving the Business Plan and Tariff Order. - 13.1 An Order approving with such modifications or such conditions as may be specified in that order or rejecting the Business Plan shall, as far as practicable, be issued before the issue of tariff order separately or with the tariff order as the Commission may deem fit and practicable. 13.2 The Commission shall, within one hundred and twenty (120) days from receipt of a complete application for determination of ARR and tariff and after considering all suggestions and objections received from the public and after hearing all stakeholders and general public:- (a) issue a Tariff Order accepting the application with such modifications or such conditions as may be specified in that Order; (b) reject the application for reasons to be recorded in writing, if such application is not in accordance with the provisions of the Act and the Rules and Regulations made thereunder or the provisions of any other law for the time being in force: Provided that an applicant shall be given a reasonable opportunity of being heard before rejecting its application. 13.3 The applicant shall publish the tariff approved by the Commission within seven days of issue of tariff order in at least two (2) English and two (2) Hindi daily newspapers having wide circulation in the area of supply of the applicant and shall put up the approved tariff / tariff schedule on its internet website and make available for sale, a booklet containing such tariff schedule to any person upon payment of reasonable reproduction charges. 13.4 The tariff so published shall be in force from the date specified in the said Order and shall, unless amended or revised, continue to be in force for such period as may be stipulated therein. ### 14. True-Up Order. - The Commission shall True-Up expenses of the previous year either as part of the Tariff order or issue Order/s for True-Up of expenses preceding the Tariff order of ensuing year. (a) An order for True-Up of expenses shall be issued on annual basis. (b) An order for True-Up of expenses shall be on the basis of expense estimates made in the beginning of the year under consideration, actual expenses booked in the audited books of accounts of the Distribution Licensee for the year, and after prudence check of data by the Commission. (c) Where audited books of account are not available at the time of true-up provisional books of accounts duly approved by the Board of Directors of the applicant company shall be used for the provisional True-up process. (d) Estimates of expenses for the ensuing year shall be on the basis of corresponding figures in the order for True-up of expenses of the previous year and Annual Performance Review or Tariff Order of the current year, as the Commission may consider reasonable and deem fit. (e) Notwithstanding anything contained in regulation 4 of these Regulations, the Revenue gap/surplus arising out of Truing up shall be considered by the Commission while determining the ARR of ensuing year(s).While approving adjustments towards revenue/expenses in future years, arising out of Truing up exercises, the Commission may allow the carrying costs as determined by the Commission of such expenses/revenues. However the revised estimated gap/surplus as a result of APR shall not be passed in the ARR of ensuing year. ### 15. Adherence to Tariff Order. - 15.1 If a Distribution Licensee recovers a price or charge exceeding the tariff determined under Section 62 of the Act and in accordance with these Regulations, the excess amount shall be payable to the person who has paid such price or charge, along with interest equivalent to the Bank Rate of the Reserve Bank of India without prejudice to any other liability that may be incurred by such Distribution Licensee. 15.2 The Distribution Licensee shall submit periodic returns as may be required by the Commission, containing operational and cost data to enable the Commission to monitor the implementation of its Order. Part - IV Sales, Power Purchase Quantum and Cost ### 16. Metered Sales forecast. - 16.1 Forecasting Methodology Metered sales shall be treated as an uncontrollable parameter: Provided that open access transactions shall not form part of the sales: Provided further that sales forecast shall be based on past trends in each of the slabs of consumer categories. The cumulative annual growth rate (CAGR) of past 3 years of sales within each of the slabs of a consumer category as approved in True-up orders shall be used to forecast up to short and medium (5 years) time range: Provided also that in case of following occurrences, prudent adjustment of fore casted metered sales shall be carried out: (a) Abnormal trend or variation in the growth rate of particular category / slab consumer mix in any given area (on the basis of proposed city plan, tax holidays, Government incentives for industrial establishments, migration of consumers due to open access, etc.) (b) Abnormal trend in the growth rate of a particular slab/category of consumers. (c) Inflection point in economic cycle (boom, slowdown, recession or expansion) (d) Variations in weather conditions (e) Materially significant findings during audit check as per Regulation 16.2 of these regulations. Provided also that in cases where slab-wise sales to each consumer category are not available in audited books of accounts and only consolidated sales are available, the Distribution Licensee shall include the slab-wise sales along with the Business Plan and Tariff petition. 16.2 Overhaul Exercise (a) A team shall be formed by Distribution Licensee to validate the status of meters, load of metered consumers and category classification of consumers in the area of operations of Distribution Licensee. (b) The overhaul exercise shall be a year-long assessment study conducted on monthly basis for the first year subsequent to the notification of these Regulations. (c) For the overhaul exercise, consumers shall be sampled for a monthly overhaul from the circles served by the Distribution Licensee. Provided that the sample so chosen shall be close representation of geographic, demographic, industrial/ commercial/ residential/ agricultural spread served by the Distribution Licensee: (d) In the event, inconsistencies are found in the number of metered consumers, status of the meters, load at consumer premises or category classification of the consumers, the forecast arrived at in Regulation 16.1 on the basis of CAGR of historical (3 years) audited sales shall be adjusted accordingly as specified in Regulation 16.1. ### 17. Un-metered Sales Forecast. - 17.1 Methodology for determination of un-metered sales (a) Till the time 100% metering of electricity consumers is achieved in area of operation of Distribution Licensee, an independent study shall be conducted by the Distribution Licensee to assess actual consumption of power by un-metered consumer segment: (b) For three years including the date of notification of these Regulations, yearlong, month-wise, block-wise study referred in Clause (a) of Regulation 17.1 above shall be conducted by the Distribution Licensee and submitted to the Commission. (c) The study referred to in clause (b) of this Regulation shall cover actual consumption in the block (hours of usage, specifications of motor power etc.) demonstrating seasonal impact, economic development, demographics, consumption pattern, etc. This would aid to develop baseline norms pertaining to electricity consumption in un-metered consumer segments. (d) Baseline norms shall be established after completion of study in the first year which shall be revised/fine-tuned in the remaining two subsequent years. (e) After three years of annual study leading to streamlining of processes, study shall be conducted on alternate year basis. (f) Stratified random sampling shall be used to identify consumers in block/district of study which would be, well distributed representation of the block under purview such that sampled consumers shall exhibit same demographic profile, energy consumption pattern, water level etc. of the block. Provided that the sample selected shall be from all the subdivisions in the state. 17.2 Study of Agricultural feeders not segregated in significant numbers (a) The sample of consumers selected shall be monitored and the readings of consumption can be taken from the meters installed at each DT in the sample area. (b) The load of all the consumers connected on the DT in each of the sample area shall be validated each month to account for any additional load or replacement of old motor with new motor by the consumers. (c) Based on the result of yearlong month-wise study, the consumption pattern for selected subdivisions shall be established. (d) The results of the study shall be extrapolated to adjoining areas with similar water level and the same cropping patterns. (e) The month-wise analysis of the sample selected for the establishment of baseline shall be submitted to the Commission at regular intervals so that the directions of the Commission are incorporated before the completion of study. 17.3 Study of Agricultural feeders segregated in significant numbers (a) During the study, meters shall be installed at input points of the feeder at the sub-station and based on the load flow study the technical loss of the feeder will be evaluated. (b) The difference of the feeder meter consumption and technical losses will be agricultural consumption. Provided that such computation of agricultural consumption may include commercial losses the percentage of which shall be worked out by the Distribution Licensee during the annual study. (c) From every subsequent year, the study report shall be submitted to the Commission by 31st October for the Commission to have enough time to conduct validation check and analysis in collaboration with an independent agency and with due assistance of team designated by the Distribution Licensee. (d) The Distribution Licensee shall be informed as late as morning of the day scheduled for inspection by the Commission to have reality check and to ensure that power supply and the Distribution Licensee's personnel are available. (e) Any significant deviation in the parameters reported in annual study from the baseline study may necessitate revision of norms by the Commission. ### 18. Treatment of Distribution Loss. - 18.1 Distribution Loss Distribution loss shall be considered as a controllable parameter. Based on the assessment of metered and un-metered sales as per Regulations 16 and 17 of these regulations, the Commission shall update existing baseline of distribution losses: Provided that circle-wise distribution loss reduction targets shall be approved by the Commission on the basis of circle-wise distribution loss, circle-wise differential tariff by way of separate and distinct distribution loss surcharge may also be considered by the Commission, if the Commission considers it appropriate and practicable. ### 19. Power Purchase Quantum and Cost. (a) Based on the demand estimates, the power purchase quantum and cost shall be calculated. (b) The approved Power Purchase Quantum and cost shall be net of expected revenue from sale of surplus power, if any, during lean period. (c) Revenue from sale of surplus power shall be estimated at per unit weighted average price of bilateral purchases. (d) If there is a short term requirement of power by the Distribution Licensee and such requirement is on account of any factor beyond the control of the Licensee (shortage/non-availability of fuel, snow capping of hydro resources inhibiting power generation in sources stipulated in the plan, unplanned/forced outages of power generating units or acts of God), then the cost shall be passed on to the customers with the approval of the Commission. Provided that the extra cost of the power so purchased shall normally be allowed subject to maximum rate of average cost of power purchase from long term and medium term sources. However notwithstanding any provisions under these Regulations, Commission may consider to allow a rate higher than the average cost of power purchase from long term and medium term sources for extra power so purchased on the basis of actual cost incurred subject to the maximum of the rate at which transaction of energy has taken place in the energy exchange, provided the licensee justifies the rate before the Commission with all relevant documents. 19.1 Power Purchase Planning. - (a) Comprehensive Power Procurement Plan shall be submitted as part of MYT petition to the Commission. (b) The Distribution Licensee shall prepare a short term (less than 1 year) and a medium term (5 years) plan, separately stated for peak and off peak periods, for unrestricted demand of electricity for each consumer category in its area of operation as per Regulation 16 and Regulation 17 of these regulations. (c) The demand projected shall be grossed-up with distribution losses (as determined by Regulation 18 of these regulations) and transmission losses to arrive at power purchase requirement for the Distribution Licensee. (d) The Distribution Licensee shall assess quantum of power available at its disposal from state's generating plants, central generating utilities, IPPs etc. and month-wise deficit/surplus schedule shall be developed, separately stated for both peak and off-peak period: (e) The procurement plan for medium term shall be through competitive bidding. (f) Long-term procurement plan shall include proposals about acquisition of demand side resources through "standard bid" or "competitive demand side resource bidding process". The procurement shall also include power from plants using renewable sources of energy at least to the extent stipulated by the Commission. (g) Due to in-firm nature of power from renewable sources of energy, alternate firm source of power (equivalent in terms of energy units) may be specified in the procurement plan (over and above total energy required). (h) Fixed cost pertaining to such alternate firm source of power, if any, shall be allowed to the Distribution Licensee and actual cost shall be Trued-up. ### 20. Treatment of Incremental Power procurement cost. - 20.1 Identification of Incremental cost and process of recovery (a) The Distribution Licensee shall recover the incremental cost incurred due to the following: ### 1. Own generation if the Distribution Licensee has its own generation. ### 2. Cost due to variation in cost of power purchase on account of increase in fuel cost. (b) The incremental cost on own generation and power purchase shall be computed and charged on the basis of actual variation in fuel cost and power purchase cost vis-a-vis the cost approved in the tariff order and shall not be computed on the basis of estimated or expected variation in fuel/power purchase cost and shall be computed on the basis of formula provided in regulation 20.2 below, and shall be charged with prior approval of the Commission. (d) The Distribution Licensee shall submit details of the incremental cost incurred and to be charged to all consumers for the entire month, along with the detailed computations and supporting documents as may be required for approval and verification by the Commission within first 15 days of the month end. (e) The Commission shall examine the incremental cost proposed by the Distribution Licensee with supporting documents submitted by the Licensee. (f) The Distribution Licensee shall upgrade the billing and IT systems to incorporate Incremental Costs (IC) as a component in tariff design. 20.2 Formula for computation of Incremental cost. - The formula and terms and conditions for calculation of the incremental charge on account of increase in fuel cost and power purchase cost namely fuel and power purchase cost adjustment (FPPCA) charges shall be as under: \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| FPPCA (Paise / kWh) \| = \| Qc(Rc2-Rc1)+Qo(Ro2-Ro1)+Qpp(Rpp2-Rpp1)+Vz+A \| \| x100 \| \| (Qpg 1 + Qpp 1+Qpp 2) x \| [ \| 1 \| - \| L \| ] \| \| 100 \| Where, Qc = Quantity of coal consumed during the adjustment period in Metric Tons (MT) = (SHR x QPg) (1+TSL)x1000 / GCV, or actual whichever is less Rc1 = Weighted average base rate of coal supplied ex-power station coal yard as approved by the Commission for the adjustment period in Rs. / MT Rc1 = Weighted average actual rate of the coal supplied ex-power station coal yard for the adjustment period in Rs. / MT Rc2 = Weighted average actual rate of the coal supplied ex-power station coal yard for the adjustment period in Rs. / MT Qo = Actual Quantity of oil (in KL) consumed during the adjustment period or normative oil consumption as per Tariff order whichever is less. Ro1 = Weighted average base rate of oil ex-power station (Rs./KL) approved by the Commission for the adjustment period. Ro2 = Weighted average actual rate of oil ex-power station supplied (Rs. / KL) during the adjustment period. Qpp = Total power purchased from different sources (kWh) = Qpp2+Qpp3 \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| QPP1 \| = \| QPP3 \| [ \| 1 \| - \| TL \| ] \| in Kwh \| \| \| \| \| 100 \| \| TL = Transmission loss (CTU) (in percentage terms). Qpp2 = Power purchase from sources with delivery point within the state transmission or distribution system (in kWh) Qpp3 = Power purchase from sources on which CTU transmission loss is applicable (in kWh) Rpp1 = Average rate of power purchase as approved by the Commission (Rs. / kWh) Rpp2 = Average rate of power purchased during the adjustment period (Rs. / kWh) Qpg = Own power generation (kWh) Qpg1 = Own power generation (kWh) at generator terminal - approved auxiliary consumption L = Percentage T&D loss as approved by the Commission or actual, whichever is lower. SHR = Station Heat Rate as approved by the Commission (Kcal / kWh) TSL = Percentage Transit and Stacking Loss as approved by the Commission. GCV = Weighted average gross calorific value of coal as fired basis during the adjustment period (Kcal / Kg). VZ = Amount of variable charges on account of change of cost of unknown factors like water charges, taxes or any other unpredictable and unknown factors not envisaged at the time of tariff fixation subject to prior approval of the Commission (Rs.) A = Adjustment, if any, to be made in the current period to account for any excess / shortfall in recovery of fuel or power purchase cost in the past adjustment period, subject to the approval of the Commission (Rs.) If there are more than one power stations owned by the Licensee Qc, Rc1, Rc2, Qo, Ro1, Ro2, Qpg and Qpg1 will be computed separately for each power station and sum of the increase/decrease of cost of all power stations shall be taken into consideration. Terms and conditions for application of the FPPCA formula (1) The basic nature of FPPCA is 'adjustment' i.e. passing on the increase or decrease in the fuel costs and power purchase costs, as the case may be, compared to the approved fuel costs and power purchase costs in the Tariff Order. (2) The operational parameters / norms fixed by the Commission in the Tariff Regulations / Tariff Order shall be the basis of calculating FPPCA charges. (3) The FPPCA will be recovered every month in the form of an incremental energy charge (Rs/kwh) in proportion to the energy consumption of the month in which incremental cost has been incurred and shall not exceed 10% of the approved avg. cost of supply in the Tariff order and balance amount, if any, in the FPPCA over and above this ceiling shall be carried forward to be billed in subsequent month. (4) Incremental cost of power purchase due to deviation in respect of generation mix or power purchase at higher rate shall be allowed only if it is justified to the satisfaction of the Commission. (5) Any cost increase by the licensee by way of penalty, interest due to delayed payments, and due to operational inefficiencies shall not be allowed. (6) FPPCA charges shall be levied on all categories of consumers. (7) Distribution licensee shall file detailed computation of actual fuel cost in Rs./kWh for each month for each of power stations of the state generators as well as cost of power purchase (Fixed and Variable) from each source/station and a separate set of calculations with reference to permitted level of these costs. (8) The data in support of the FPPCA claims shall be duly authenticated by an officer of the licensee, not below the rank of Chief Engineer on an affidavit supported with the certified copy of energy bills of power purchase, transmission and RLDC charges, bill for coal purchase and its transportation cost, oil purchase bill and the quantity of coal and oil consumed during the month. (9) Levy of FPPCA charge will be allowed only when it is ten (10) paise or more per unit. If it is less than 10 (ten) paise/unit, the same may be carried forward for adjustment in the next month. (10) The incremental cost per kWh due to the FPPCA arrived for a month shall be recovered in the energy bill of the month subsequent to the order of the Commission approving FPPCA with full details of rate and unit(s) on which FPPCA charges have been billed. The Generating Company and the Distribution Licensee shall provide along with the proposal of FPPCA (as applicable to them) for a month, a compliance report of the previous order of the commission in respect of FPPCA. 20.3 Incremental cost realisation per unit of electricity consumption. - The Commission may approve recovery of incremental cost on account of fuel and power purchase cost from the consumers in one or more monthly installment. Part - V Financial Principles ### 21. Components of ARR. - The Aggregate Revenue Requirement (ARR) for the Distribution Business of the Distribution Licensee for each year of the Control Period, shall contain the following financial parameters: A. Quantum and Cost of power procurement from various sources B. Transmission and load dispatch charges C. Operation and Maintenance expenses; D. Depreciation E. Contingency Reserves; F. Interest on Loan; G. Interest on Working Capital; H. Return on Equity; I. Bad debts, if any J. Income Tax; K. Non-Tariff Income; and L. Income from Other Business M. Interest on security deposit. ### 22. Operation & Maintenance Expenses. (a) The Commission shall stipulate a separate trajectory of norms for each of the components of O&M expenses viz., Employee cost, Repair and Maintenance (R&M) expense and Administrative and General (A&G) expense. Provided that such norms may be specified for a specific Distribution Licensee or a class of Distribution Licensees. (b) Norms shall be defined in terms of combination of number of personnel per 1000 consumers and number of personnel per substation along with annual expenses per personnel for Employee expenses; combination of A&G expense per personnel and A&G expense per 1000 consumers for A&G expenses and R&M expense as percentage of gross fixed assets for estimation of R&M expenses: (c) One-time expenses such as expense due to change in accounting policy and arrears paid due to pay commission recommendation shall be excluded from the norms in the trajectory. (d) The unforeseen expenses beyond the control of the Distribution Licensee such as pay revision, shall be excluded from the norms in the trajectory. (e) The One-time expenses and the expenses beyond the control of the Distribution Licensee shall be allowed by the Commission over and above normative Operation & Maintenance Expenses after prudence check. (f) The norms in the trajectory shall be specified over the control period with due consideration to productivity improvements. (g) The norms shall be determined at constant prices of base year and escalation on account of inflation shall be over and above the baseline. (h) The Distribution Licensee specific trajectory of norms shall be identified by the Commission on the basis of absolute and relative analysis. (i) In absolute analysis, Distribution Licensee's audited accounts of operations for last three years, expenses claimed for control period, historically approved cost, and prudence check shall be used by the Commission to estimate values of norms. (j) In relative analysis, performance parameters of other Distribution Licensees within the same state or in other states, shall be considered by the Commission to estimate norms. Provided that other Distribution Licensees so chosen shall have similar profile as that of the Distribution Licensee under consideration in terms of consumer mix, type of license area (city, state, etc.) type of distribution networks, viz., underground/overhead, High Tension (HT) consumer, Low Tension (LT) consumer ratio, etc. (i) Suitable average of outcomes of absolute and relative analysis shall be taken by the Commission to fix the norms over the control period for the Distribution Licensee. 22.1 Employee Cost. - Employee cost shall be computed as per the approved norm escalated by consumer price index (CPI) , adjusted by provisions for expenses beyond the control of the Distribution Licensee and one time expected expenses, such as recovery/adjustment of terminal benefits, implications of pay commission, arrears and Interim Relief, governed by the following formula: EMPn = (EMPb \* CPI inflation) + Provision Where: EMPn : Employee expense for the year n EMPb : Employee expense as per the norm CPI inflation : is the average increase in the Consumer Price Index (CPI) for immediately preceding three years Provision : Provision for expenses beyond control of the Distribution Licensee and expected one-time expenses as specified above. Till the norms is specified by the Commission the employee cost shall be determined on the basis of actual historical cost. 22.2 Repairs and Maintenance (R&M) Expense. - Repairs and Maintenance expense shall be calculated as percentage (as per the norm determined) of Opening Gross Fixed Assets for the year governed by following formula: R&Mn = Kb \* GFAn Where: R&Mn : Repairs & Maintenance expense for nth year GFAn : Opening Gross Fixed Assets for nth year Kb : Percentage point as per the norm 22.3 Administrative and General (A&G) Expense. - A&G expense shall be computed as per the norm escalated by wholesale price index (WPI) and adjusted by provisions for confirmed initiatives (IT etc. initiatives as proposed by the Distribution Licensee and validated by the Commission) or other expected one-time expenses, and shall be governed by following formula: A&Gn = (A&Gb \* WPI inflation) + Provision Where: A&Gn: A&G expense for the year n A&Gb: A&G expense as per the norm WPI inflation: is the average increase in the Wholesale Price Index (WPI) for immediately preceding three years Provision: Cost for initiatives or other one-time expenses as proposed by the Distribution Licensee and validated by the Commission. Till the norms of A&G expenses is specified by the Commission, the actual historical cost will be considered for determination of A&G expenses. ### 23. Treatment of Depreciation. (a) Depreciation shall be calculated for each year of the control period on the original cost of the fixed assets of the corresponding year. (b) Depreciation shall not be allowed on assets funded by capital subsidies, consumer contributions or grants. (c) Depreciation shall be calculated annually on the basis of assets capitalized and put to use based on the straight line method over the useful life of the asset and at the rate specified by the Central Electricity Regulatory Commission. (d) The residual value of assets shall be considered as 10% and depreciation shall be allowed to a maximum of 90% of the original cost of the asset. The Distribution Licensee shall submit separate detail of fully depreciated asset along with year of commissioning and year of attaining ninety percent depreciation with the tariff petition.. Provided that Land shall not be treated as a depreciable asset and its cost shall be excluded while computing 90% of the original cost of the asset: (e) Depreciation shall be charged from the first year of commercial operation of the asset. Provided that in case the operation of the asset is for a part of the year, depreciation shall be charged on proportionate basis: (f) A provision of replacement of assets shall be made in the capital investment plan. ### 24. Contribution to Contingency Reserve. (a) If the Distribution Licensee has made an appropriation to the Contingency Reserve, a sum not less than 0.25 per cent and not more than 0.5 per cent of the original cost of fixed assets shall be allowed annually towards such appropriation in the calculation of ARR: (b) The amount so appropriated shall be invested in securities authorized under the Indian Trusts Act, 1882 within a period of six months of close of the financial year. Provided that no diminution in the value of contingency reserve shall be allowed to be adjusted as a part of tariff. (c) The Contingency Reserve shall not be drawn upon during the term of the license except to meet such charges as may be approved by the Commission, such as following: (i) Expenses or loss of profits arising out of accidents, strikes or circumstances which the management could not have prevented; (ii) Expenses on replacement or removal of plant or works other than expenses required for normal maintenance or renewal; (iii) Compensation payable under any law for the time being in force and for which no other provision is made: Provided that such drawl from contingency reserve shall be computed after making due adjustment for any other compensation that may have been received by the Licensee as part of an insurance cover: ### 25. Treatment of Interest on loan. (a) The Distribution Licensee shall provide detailed loan-wise, project-wise and utilization-wise details of all the loans. (b) If the equity actually deployed is more than 30 % of the capital cost, equity in excess of 30 % shall be treated as normative loan: Provided that where equity actually deployed is less than 30% of the capital cost, the actual loan shall be considered for determination of interest on loan: (c) Actual loan or normative loan, if any, shall be referred as gross normative loan in this Regulation. (d) The normative loan outstanding as of 1st April of control period shall be computed by deducting the cumulative repayment as approved by the Commission (basis as mentioned below) up to 31st March of current period (a year before control period) from the gross normative loan. (e) The repayment for the control period shall be deemed to be equal to the depreciation allowed for the year. (f) Notwithstanding any moratorium period availed by the Distribution Licensee, the repayment of the loan shall be considered from the first year of the control period as per annual depreciation allowed. (g) The rate of interest shall be the weighted average rate of interest calculated on the basis of actual loan portfolio at the beginning of each year of the control period, in accordance with terms and conditions of relevant loan agreements, or bonds or non-convertible debentures: Provided that if no actual loan is outstanding but normative loan is still outstanding, the last available weighted average rate of interest shall be applicable. Provided further that the interest on loan shall be calculated on the normative average loan of the year by applying the weighted average rate of interest: Provided also that exception shall be made for the existing loans which may have different terms as per the agreements already executed if the Commission is satisfied that the loan has been contracted for and applied to identifiable and approved projects: (h) The Distribution Licensee shall make every effort to refinance the loan as long as it results in net benefit to the consumers. Provided that the cost associated with such refinancing shall be eligible to be passed through in tariffs and the benefit on account of refinancing of loan and interest on loan shall be shared in the ratio of 50:50 between the Distribution Licensee and the consumers. Provided further that the Distribution Licensee shall submit the calculation of such benefit to the Commission for its approval. (i) The Distribution Licensee shall enable tracking of the loans converted into grants under schemes like APDRP, R-APDRP, RGGVY, RSVP, etc or any other loan from the Central or State Government by providing information and data regularly to the Commission, for enabling the Commission to recover from Distribution Licensee the amount of interest on loans which have been passed on to the consumers in the earlier years and have been converted into grant subsequently so that the recovered amount is passed on to the consumers. (j) Addition to loan during the year for interest purpose will be restricted to the quantum of assets capitalized and put to use. ### 26. Interest on Working Capital. - The Distribution Licensee shall be allowed interest on estimated level of working capital for the financial year, computed as follows: (a) O&M expenses for one month (b) Two months equivalent of expected revenue (c) Maintenance spares @ 40% of R&M expenses for one month: Less: (i) Power purchase cost, transmission charges and load dispatch charges of one month (ii) Depreciation, return on equity and contribution to contingency reserves (iii) Security deposits from consumers, if any. Provided that the interest on working capital shall be on normative basis and rate of interest shall be equal to the State Bank Advance Rate (SBAR) as of the date on which petition for determination of tariff is accepted by the Commission. Provided further that interest shall be allowed on consumer security deposits and security deposits from Distribution System users at the Bank Rate as of the date on which the petition for determination of tariff is accepted by the Commission. Provided further that if the State Government is providing resource gap grant or subsidy, working capital shall be reduced by that amount. ### 27. Treatment of Return on equity. (a) Return on equity shall be computed on 30% of the capital base or actual equity, whichever is lower: Provided that assets funded by consumer contribution, capital subsidies/ grants and corresponding depreciation shall not form part of the capital base. Actual equity invested in the Distribution Licensee as per book value shall be considered as perpetual and shall be used for computation in this Regulation: (b) The return on the equity invested shall be allowed from the date of start of commercial operation: (c) The project which will be commissioned w.e.f. 01.04.2016 will be allowed RoE of 15.5% and if project is completed in schedule period 0.5% incentives in form of RoE will be allowed. ### 28. Bad and Doubtful Debts. - Bad and Doubtful Debts shall be allowed as a legitimate business expense provided the distribution licensee actually identifies and writes off bad debts as per the transparent policy approved by the Commission. In case there is any recovery of bad debts already written off, the recovered bad debt will be treated as other income. ### 29. Income Tax. (a) Income Tax, if any, on the Licenced business of the Distribution Licensee shall be treated as expense and shall be recoverable from consumers through tariff. However, tax on any income other than that through its Licenced business shall not be a pass through, and it shall be payable by the Distribution Licensee itself. (b) The income tax actually payable or paid shall be included in the ARR. The actual assessment of income tax should take into account benefits of tax holiday, and the credit for carry forward losses applicable as per the provisions of the Income Tax Act 1961 shall be passed on to the consumers. (c) Tax on income, if any, liable to be paid shall be limited to tax on return on the equity component of capital employed. However any tax liability on incentives due to improved performance shall not be considered. ### 30. Non-Tariff Income. (a) All incomes being incidental to electricity business and derived by the Licensee from sources, including but not limited to profit derived from disposal of assets, rents, delayed payment surcharge, meter rent (if any), income from investments other than contingency reserves, miscellaneous receipts from the consumers, other miscellaneous receipts, income to Licensed business from the Other Business of the Distribution Licensee and any other income mentioned in Schedule-5 of The Electricity (Supply)Annual Accounts Rule 1985 shall constitute Non-Tariff Income of the Licensee (b) The amount received by the Licensee on account of Non-Tariff Income shall be deducted from the Aggregate Revenue Requirement in calculating the net revenue requirement of Distribution Licensee. ### 31. Income from Other Business. - Where the Distribution Licensee is engaged in any other business, the income from such business will be deducted from the Aggregate Revenue Requirement in calculating the revenue requirement of the Licensee in the manner and in proportion as may be specified by the Commission in BERC (Treatment of Income of Other Businesses of Transmission Licensees and Distribution Licensees) Regulations, 2013 and its amendments from time to time. Provided that the Licensee shall follow a reasonable basis for allocation of all joint and common costs between the Distribution Business and the Other Business and shall submit the Allocation Statement as approved by the Board of Directors to the Commission along with the application for determination of tariff; Provided further that where the sum total of the direct and indirect costs of such Other Business exceed the revenues from such Other Business or for any other reason, no amount shall be allowed to be added to the Aggregate Revenue Requirement of the Distribution Licensee on account of such Other Business. ### 32. Treatment of Regulatory Assets. (a) Regulatory assets shall not normally be created against cost/loss incurred in normal course of business. (b) The amortization schedule corresponding to the regulatory asset shall be approved by the Commission and put in effect along with creation of the regulatory asset. The amortization schedule shall normally provide for recovery of the regulatory asset within a period not exceeding three years. (c) The carrying cost of the regulatory asset shall be in line with the State Bank Advance Rate (SBAR) for the tenure for which regulatory asset has been created. (d) There shall not be a long gap in truing up of accounts of the Distribution Licensee so as to prevent the need for creation of the regulatory asset. Part - VI Wheeling and Retail Supply Business ### 33. Segregation of Wheeling Business and Retail Supply Business. - The Distribution Licensee shall maintain separate books of accounts for Wheeling Business and Retail Supply Business. For such period until accounts are segregated and separate books of accounts are maintained, the Commission shall stipulate the ratio of allocation of all expenses and return component, based on data obtained from the Distribution Licensees. The following broad principles shall be followed for allocation of costs towards wheeling business and supply business, out of the total annual Aggregate Revenue Requirements determined: (a) Power purchase cost shall be allocated to the Retail Supply business (b) Operation and Maintenance expenses shall be segregated between wheeling and retail supply businesses in such manner as may be determined by the Commission; (c) Majority of the capital expenditure related expenses, viz., depreciation, interest and return on equity, shall be included under the wheeling business; Note. - The Retail Supply Business would require only a small component of the capital expenditure towards billing and collection activity. Part - VII Norms of Operation ### 34. Target Availability and Recovery of ARR. (a) Recovery of the annual Aggregate Revenue Requirement determined as per the norms under these regulations shall be based on achievement of the target availability index as under: The Availability index shall be computed for both Wheeling Business and Retail Supply Business of the Distribution Licensee on yearly basis as per following: For Wheeling Business: Wheeling Network Availability Index (%) = (1-(SAIDI/8760)) X 100 Where, SAIDI = Sum of all customer interruption durations/Total number of consumers served For Retail Supply Business: The Supply Availability shall be measured on the basis of power contracted by the Distribution Licensee on a long-term basis as per the power procurement plan under following heads: Base Load Supply Availability = ((Actual Contracted Base Load Supply (MW) ) X (Number of Off-Peak hours)) / ((Base Load in MW) X (Number of Off-Peak hours)) Peak Load Supply Availability = ((Actual Contracted Peak Load Supply (MW)) X (Number of Peak hours)) / ((Peak Load in MW) X (Number of Peak hours)) Supply Availability Index = 75% of Base Load Supply Availability + 25% of Peak Load Supply Availability (b) The Distribution Licensee shall maintain data on planned maintenance outages, load shedding, force majeure outages and tripping's. (c) The incentive/disincentive shall exclude the circumstances when the actual supply differs from the contracted supply due to force majeure situations, weather conditions, extreme monsoon failure, station outages, etc. which are beyond the control of the Distribution Licensee. (d) The Commission shall specify progressively increasing normative levels of Availability for Wheeling and Supply Business of the Distribution Licensee on the basis of past performance over the control period. Provided that the Availability of Retail Supply Business shall not be lower than 90% and shall gradually increase to 95% or 98% in no less than three years 1 (e) The additional ARR shall be considered as +/- 0.2% of ARR for every percentage point increase/decrease in Availability vis-a-vis the normative levels of availability. Provided that the maximum additional return that can be earned/reduced shall be +/- 2% of ROE Part - VIII Subsidy, Cross Subsidy and Tariff Design ### 35. Subsidy. (a) The Commission shall determine the ARR and Tariff without considering subsidy. Provided that if the State Government declares subsidy for the categories of consumers after notification of Tariff Order, the licensee shall incorporate the same in the tariff and intimate the Commission with the revised Tariff Schedule that shall be charged if the subsidy is received in advance: Provided further that in case the State Government declares subsidy in advance or during tariff filing proceedings and the licensee incorporates the subsidy in the petition, the Commission shall notify two tariff schedules, one with subsidy and the other without subsidy: Provided also that the Government's subsidy provided for or declared shall be supported by documentary evidence of time schedule of payment, mode of the payment of the subsidy and categorization of the subsidy amount into subsidized consumer categories: (b) The Commission may clarify in the tariff order, post the declaration from the Government, the quantum of Government's subsidy as applicable to the fuel cost adjustment along with the range (%) of variable cost upto which the fuel adjustment cost shall not be passed to the consumers, category wise classification, mode of payment and schedule of payment etc. (c) In case of no disbursement or delayed disbursement of subsidy by the Government, the licensee shall charge consumers as per the tariff schedule which is approved by the Commission without consideration of subsidy. (d) In case the amount of subsidy by the Government is not utilized in full, the balance amount of subsidy amount shall be used for adjusting in ARR of the ensuing year(s) ### 36. Cross Subsidy, Allocation of Cost to Serve and Tariff Design. (a) The Commission shall notify a road map for reduction of cross subsidies within control period. The road map shall also have intermediate milestones, based on the approach of a gradual reduction in cross subsidy. (b) The Distribution Licensee shall compute the consumer category-wise cost of supply as per the methodology elaborated below. (c) Allocation of Cost: The Cost to serve shall be allocated to the consumer categories in the following manner: Step 1: Functionalization of Cost. - Total cost shall be divided on the basis of functions performed such as power purchase, distribution etc. Step 2: Classification of Cost. - Each of the functionalized costs shall be further classified, based on its intrinsic nature into Demand related cost, Energy related cost and Customer related cost. Demand related costs shall generally be of fixed nature, related to capacity creation and shall include interest on capital borrowing, depreciation etc. Energy cost shall be related to quantum of electricity consumption of consumer, such as fuel cost, interest on working capital, etc. Consumer related cost shall include operating expenses associated with meter reading, billing and accounting. Step 3: Allocation of Cost. - i. Allocation of Demand Costs: Demand costs of all three functions shall be allocated among consumer categories on the basis of average coincident peak demand of the tariff categories (average of past 12 months). To facilitate determination of average coincident peak demand for the various tariff categories, load research shall be made an integral part of the operations of the DISCOMs and systematic load research exercises shall be initiated. ii. Allocation of Energy Costs: Energy related costs of Distribution functions shall be allocated to consumer categories on the basis of ratio of electricity consumption of each consumer category to the total electricity consumption under the purview of the Distribution Licensee. Energy related costs of Power purchase shall be allocated to various tariff categories on the basis of block approach on merit order dispatch and incremental principle, where each tariff category shall be allocated the incremental (energy related) power purchase cost on the basis of their respective share in the incremental power purchase. For the purpose of operationalising the block approach and incremental principle, the Commission shall identify and notify a suitable year as the "base year". iii. Allocation of Customer Costs: Customer related costs shall be allocated to consumer categories on the basis of the ratio of number of consumers in each category to total number of consumers under the purview of the Distribution Licensee. (d) Summation of allocated Demand cost, Energy cost and Customer cost across functions shall be total Cost to serve for respective consumer categories. Cost to serve reduced by revenue from a consumer category shall give total subsidy for that category. Total subsidy for a consumer category reduced by Government subsidy, if any, shall be cross-subsidy for that consumer category. (e) The consumers below poverty line who consume power below a specified level, say 30 units per month, shall receive a special support through cross subsidy. (f) Cross-subsidy surcharge and additional surcharge in Open Access - (1) The amount received or to be received by the licensee on account of cross-subsidy surcharge and additional surcharge, as approved by the Commission from time to time in accordance with the Regulations specified by the Commission, shall be shown separately against the consumer category that is permitted open access as per the phasing plan. (2) Cross-subsidy surcharge and additional surcharge shall be shown as revenue from the tariff from the consumer categories who have been permitted open access and such amount shall be utilized to meet the cross-subsidy requirements of subsidized categories and fixed costs of the Distribution Licensee arising out of his obligation to supply. Provided that the licensee shall provide such details in its annual filings. (g) Tariff Design - (1) The Commission shall be guided by the objective that the tariff progressively reflects the efficient and prudent cost of supply of electricity. (2) After the costs have been allocated based on the method specified in clauses (c) and (d) above, tariffs for different consumer categories shall be designed with due regard to factors provided under section 62(3) of the Act. (3) The time of day tariff would be structured across three time slabs to denote normal, peak and off-peak periods. The time-periods would vary according to different seasons of the year i.e. summer, winter and the monsoon season. The peak tariff would be 20%-30% higher than the normal tariff and the off-peak tariff would be priced 15%-20% lower than the normal tariff. (4) The peak and off-peak hours during seasons shall be as notified by the State Load Dispatch Centers in advance. (5) Time of Day tariff shall be introduced in a phased manner, wherein in phase 1 it would be compulsory for HT Consumers, in phase 2 - compulsory for LT consumers consuming more than 25 KW and in phase 3 compulsory for LT consumers consuming more than 10 KW. Part - IX Miscellaneous ### 37. Power to amend. - The Commission may, at anytime, amend, alter or modify any provision of these Regulations. ### 38. Power to remove difficulties. - If any difficulty arises in giving effect to the provisions of these Regulations, the Commission may, by general or specific order, make such provisions not inconsistent with the provisions of the Act, as may appear to be necessary for removing the difficulty. ### 39. Right to vary terms and conditions. - The terms and conditions for determination of tariff specified in these regulations are in the nature of general framework on the basis of which the tariff shall be determined. The Commission reserves its right to vary these terms and conditions, as and when deems fit. ### 40. Limitation of Power of Commission. - Nothing in these regulations shall be deemed to limit the powers of the Commission to deal with any matter or exercise any power under the relevant Acts for which no regulations have been made / framed and to make such orders as it may consider appropriate to meet the ends of justice in any case. ### 41. Repeal and savings. (a) Save as otherwise provided in these regulations, regulations 79 to 93 under chapter 5 & 6 of the BERC (Terms and Conditions for Determination of Tariff) Regulations, 2007, and its amendments from time to time are hereby repealed. (b) The other part of BERC (Terms and Conditions for determination of Tariff) Regulations, 2007 and its amendments shall remain applicable and where a difference is found in the Regulation relating to MYT of distribution licensee the provision of these Regulations shall prevail (c) Notwithstanding such repeal, any proceedings before the Commission pertaining to the period prior to the commencement of the Control Period, including Petitions for True up of expenses, annual performance review, etc. shall be governed by BERC (Terms and Conditions of Determination of Tariff) Regulations 2007 and its amendments from time to time. \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| Sl.No. \| Format Sl. \| Particulars \| Page No. \| \| 1. \| Format-1 \| Energy Sales \| 35 \| \| 2. \| Format-2 \| Distribution Losses \| 36 \| \| 3. \| Format-3 \| Source-wise Quantum of Power Purchase \| 37 \| \| 4. \| Format-4 \| Energy Requirement and Energy Balance \| 38 \| \| 5. \| Format-5 \| Power Purchase Cost \| 39-40 \| \| 6. \| Format-6 \| Employee Details \| 41 \| \| 7. \| Format-7 \| Employee Cost \| 42 \| \| 8. \| Format-8 \| Employees Productivity Parameters \| 43 \| \| 9. \| Format-9 \| Repair and Maintenance Expenses \| 44 \| \| 10. \| Format-10 \| Administration and General Expenses \| 45 \| \| 11. \| Format-11 \| Investment Plan (Scheme-wise) \| 46 \| \| 12. \| Format-12 \| Investment Plan (Year-wise) \| 47 \| \| 13. \| Format-13 \| Fixed Assets \| 48 \| \| 14. \| Format-14 \| Gross Fixed Assets (GFA) \| 49 \| \| 15. \| Format-15 \| Value of Assets and Depreciation Charges \| 50 \| \| 16. \| Format-16 \| Depreciation Charges \| 51 \| \| 17. \| Format-17 \| Capital Work-In-Progress \| 52 \| \| 18. \| Format-18 \| Details of Loans for the year \| 53 \| \| 19. \| Format-19 \| Information Regarding Restructuring of Outstanding Loans During the Year \| 54 \| \| 20. \| Format-20 \| Interest and Finance Charges \| 55 \| \| 21. \| Format-21 \| Interest Capitalized \| 56 \| \| 22. \| Format-22 \| Lease details \| 57 \| \| 23. \| Format-23 \| Interest on Working Capital \| 58 \| \| 24. \| Format-24 \| Contribution to Contingency Reserve \| 59 \| \| 25. \| Format-25 \| Information Regarding Amount of Equity & Loan \| 60 \| \| 26. \| Format-26 \| Information Regarding Amount of Income Tax Paid (for previous financial years) \| 61 \| \| 27. \| Format-27-A \| Non Tariff Income (on existing rates) \| 62 \| \| 28. \| Format-27-B \| Non Tariff Income (on proposed tariff) \| 63 \| \| 29. \| Format-28 \| Information Regarding Revenue from Other Business \| 64 \| \| 30. \| Format-29 \| Aggregate Revenue Requirement (ARR) \| 65 \| \| 31. \| Format-30-A \| Revenue from Existing Tariff \| 66 \| \| 32. \| Format-30-B \| Revenue from Proposed Tariff \| 67 \| \| 33. \| Format-31 \| Revenue Gap (Ensuing Year) \| 68 \| \| 34. \| Format-32 \| Information Regarding Grant/Subsidy from State Govt/Central Govt. \| 69 \| \| 35. \| Format-33 \| Voltage-wise Cost of Supply \| 70-71 \| \| 36. \| Format-34 \| Tariff Structure and Rate \| 72-73 \| \| 37. \| Format-35 \| Computation of Cross Subsidy \| 74 \| \| 38. \| Format-36 \| Wheeling & Open Access Charges \| 75 \| Format - 1 Tariff Petition for Financial Year \_\_\_\_\_\_\_\_\_\_\_\_ Name of the Distribution Licensee : Energy Sales (Separately for previous, current and ensuing financial years of control period) \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| S.N \| Category of Consumers \| No. of Consumers at the end of the year (Nos.) \| Connected Load at the end of the year(KW) \| Energy Sale / Demand (MUs) \| \| 1 \| 2 \| 3 \| 4 \| 5 \| \| 1 \| Domestic \| \| \| \| \| \| (a) 'Kutir Jyothi' Metered Un-metered \| \| \| \| \| \| (b) Domestic Service I (DS I) Metered Un-metered \| \| \| \| \| \| (c) Domestic Service II (DS II) Metered \| \| \| \| \| \| (d) Domestic Service III (DS III) Metered \| \| \| \| \| \| Sub - Total \| \| \| \| \| 2 \| Non Domestic Services (NDS) (a) NDS-I (b) NDS-II (d) NDS-III \| \| \| \| \| \| Sub - Total \| \| \| \| \| 3 \| Irrigation and Agricultural Service (I.A.S) \| \| \| \| \| \| IAS - I Metered \| \| \| \| \| IAS - I Un-metered- \| \| \| \| \| IAS - II Metered - \| \| \| \| \| IAS - II Un-metered - \| \| \| \| \| \| Sub - Total \| \| \| \| \| 4 \| L.T. Industrial Service (L.T.I.S) (a) LTIS-I (b) LTIS-II \| \| \| \| \| 5 \| Street light Service \| \| \| \| \| \| SS-I Metered SS-II Un-metered \| \| \| \| \| \| Sub - Total \| \| \| \| \| 6 \| 11 kV High Tension Service (HTS I) \| \| \| \| \| 7 \| 33 kV High Tension Service (HTS II) \| \| \| \| \| 8 \| 132 kV High Tension Service (HTS III) \| \| \| \| \| 9 \| High Tension specified service (HTSS) \| \| \| \| \| \| Sub - Total \| \| \| \| \| 10 \| Railway Traction Service (RTS) \| \| \| \| \| \| Sub - Total \| \| \| \| \| \| Grand Total \| \| \| \| \| 11 \| Total Sale 1 to 10) \| \| \| \| \| 12 \| Sales to Electricity Traders, if any \| \| \| \| \| 13 \| Sales to Other Distribution Licensees, if any \| \| \| \| \| 14 \| Total Sales in the State. \| \| \| \| \| 15 \| Sales outside State/UI \| \| \| \| \| 16 \| Sales to Nepal \| \| \| \| \| 17 \| Gross Sales \| \| \| \| Note. - (1) Month-wise agriculture consumption data as per sample meters may also be supplied for different years separately for mono block and submersible agricultural pump sets. (2) The information shall be given as required by the Commission to determine the tariff. (3) Category of consumers in column 2 should be as per tariff structure proposed in the tariff petition. (4) Slab-wise and connected load-wise consumption in those categories in which tariff rate is provided slab-wise shall be submitted separately. Format - 2 Tariff Petition for Financial Year \_\_\_\_\_\_\_\_\_\_\_\_ Name of the Distribution Licensee : Distribution Losses [In Percentage] \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| Particular \| Previous FY \| Current FY \| Ensuing Years \| \| Distribution Losses \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| Format - 3 Tariff Petition for Financial Year \_\_\_\_\_\_\_\_\_\_\_\_ Name of the Distribution Licensee: Source-wise Capacity Allocation (in MW) and Power Purchase (in MU) From Different Sources \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| S.N \| Name of Source \| Total Capacity (MW) \| Share of Discom (MW) \| Previous year (Actuals) \| Current Year (R.E) (MU) \| Ensuing year (s) (Projection) \| \| MW \| MU \| MW \| MU \| MW \| MU \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| 7 \| 8 \| 9 \| 10 \| \| A \| Through Inter-State Transmission \| \| \| \| \| \| \| \| \| \| \| (i) ......... \| \| \| \| \| \| \| \| \| \| \| (ii) ........ \| \| \| \| \| \| \| \| \| \| \| (iii) ........ \| \| \| \| \| \| \| \| \| \| \| (iv) ......... \| \| \| \| \| \| \| \| \| \| \| (v) ....... \| \| \| \| \| \| \| \| \| \| \| ...... \| \| \| \| \| \| \| \| \| \| \| Sub Total \| \| \| \| \| \| \| \| \| \| B \| Through Intra-State Transmission \| \| \| \| \| \| \| \| \| \| \| (i) ......... \| \| \| \| \| \| \| \| \| \| \| (ii) ........ \| \| \| \| \| \| \| \| \| \| \| (iii) ........ \| \| \| \| \| \| \| \| \| \| \| (iv) ......... \| \| \| \| \| \| \| \| \| \| \| (v) ....... \| \| \| \| \| \| \| \| \| \| \| ........ \| \| \| \| \| \| \| \| \| \| \| Sub Total \| \| \| \| \| \| \| \| \| \| C \| Distributed Generation \| \| \| \| \| \| \| \| \| \| D \| TOTAL (A+B+C) \| \| \| \| \| \| \| \| \| Format - 4 Tariff Petition for Financial Year \_\_\_\_\_\_\_\_\_\_\_\_ Name of the Distribution Licensee : Energy Requirement and Energy Balance for FY \_\_\_\_\_\_\_ \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| Particular \| Unit \| Previous FY \| Current FY \| Ensuing Years \| \| \| \| \| \| A. \| Energy Requirement \| \| \| \| \| \| \| \| (1) \| Energy, Sales within the area \| MU \| \| \| \| \| \| \| (2) \| Distribution loss \| % \| \| \| \| \| \| \| (3) \| Distribution losses \| MU \| \| \| \| \| \| \| (4) \| Energy required at distribution periphery \| MU \| \| \| \| \| \| \| (5) \| Energy transferred to other discom \| MU \| \| \| \| \| \| \| (6) \| Energy transferred to other states/UI \| MU \| \| \| \| \| \| \| (7) \| Total Energy required (4+5+6) \| MU \| \| \| \| \| \| \| (8) \| State Transmission losses \| % \| \| \| \| \| \| \| (9) \| State Transmission losses \| MU \| \| \| \| \| \| \| (10) \| Energy required at state transmission periphery (7+9) \| MU \| \| \| \| \| \| \| B. \| Energy Availability \| \| \| \| \| \| \| \| (1) \| From Central Sector \| MU \| \| \| \| \| \| \| (2) \| From State Generating Stations \| MU \| \| \| \| \| \| \| (3) \| From Renewable Sources \| MU \| \| \| \| \| \| \| (4) \| Others \| MU \| \| \| \| \| \| \| (5) \| Total Power Available (MU) \| MU \| \| \| \| \| \| \| (6) \| CTU Transmission losses on (1) \| % \| \| \| \| \| \| \| (7) \| CTU Transmission losses \| MU \| \| \| \| \| \| \| (8) \| Net Power Available at state periphery (5-7) \| MU \| \| \| \| \| \| \| (9) \| Surplus / (Deficit) Energy at Distribution peripheral (B8-A10) \| MU \| \| \| \| \| \| Format - 5 Tariff Petition for Financial Year \_\_\_\_\_\_\_\_\_\_\_\_ Name of the Distribution Licensee : Power Purchase Cost \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| SI. No. \| Power Purchase Sources \| % age allocation MW \| Previous Year \| \| Energy MU \| Fixed Charge rate (Rs/MW) \| Fixed charge Rs. Cr. \| Energy Rate Rs./kWh \| Energy charge Rs. Cr. \| Total Charges Rs. Cr. \| Avg. Tariff Rate Rs./kWh \| Energy MU \| \| 1 \| 2 \| 3 \| 4 \| \| 5 \| 6 \| 7 \| 8 \| 9 \| 10 \| \| \| Central Sector Stations \| \| \| \| \| \| \| \| \| \| \| 1 \| NTPC Stations \| \| \| \| \| \| \| \| \| \| \| \| Farakka 1,2 & 3 \| \| \| \| \| \| \| \| \| \| \| \| Talchar \| \| \| \| \| \| \| \| \| \| \| \| Kahalgoan 1 & 2 \| \| \| \| \| \| \| \| \| \| \| \| Barh - Stg 2U #1 \| \| \| \| \| \| \| \| \| \| \| \| Nabinagar - NTPC \| \| \| \| \| \| \| \| \| \| \| \| NTPC Total \| \| \| \| \| \| \| \| \| \| \| 2 \| NHPC Stations \| \| \| \| \| \| \| \| \| \| \| \| Rangit \| \| \| \| \| \| \| \| \| \| \| \| Teesta \| \| \| \| \| \| \| \| \| \| \| \| NHPC Total \| \| \| \| \| \| \| \| \| \| \| 3 \| PTC Stations \| \| \| \| \| \| \| \| \| \| \| \| Chukka \| \| \| \| \| \| \| \| \| \| \| \| Tala \| \| \| \| \| \| \| \| \| \| \| \| PTC Total \| \| \| \| \| \| \| \| \| \| \| 4 \| DVC \| \| \| \| \| \| \| \| \| \| \| \| Sub Total Central Stations \| \| \| \| \| \| \| \| \| \| \| 5 \| State Generating Stations \| \| \| \| \| \| \| \| \| \| \| \| BTPS \| \| \| \| \| \| \| \| \| \| \| \| KBUNL Stage 1 U #1 \| \| \| \| \| \| \| \| \| \| \| \| KBUNL Stage 1 U #2 \| \| \| \| \| \| \| \| \| \| \| \| SGS Total \| \| \| \| \| \| \| \| \| \| \| 6 \| Medium/ Short Term/ Others \| \| \| \| \| \| \| \| \| \| \| \| ...... \| \| \| \| \| \| \| \| \| \| \| \| ...... \| \| \| \| \| \| \| \| \| \| \| \| ....... \| \| \| \| \| \| \| \| \| \| \| \| Others Total \| \| \| \| \| \| \| \| \| \| \| 7 \| Renewable Power Purchase \| \| \| \| \| \| \| \| \| \| \| \| BSHPC \| \| \| \| \| \| \| \| \| \| \| \| Sugar Mills \| \| \| \| \| \| \| \| \| \| \| \| Solar Power Purchase \| \| \| \| \| \| \| \| \| \| \| \| REC (Solar) \| \| \| \| \| \| \| \| \| \| \| \| REC (Non- Solar) \| \| \| \| \| \| \| \| \| \| \| \| Renewable Total \| \| \| \| \| \| \| \| \| \| \| \| Total Power Purchase \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| \| Current Year \| \| Ensuing Year (s) \| \| Fixed Charge rate (Rs/MW) \| Fixed charge Rs. Cr. \| Energy Rate Rs./kWh \| Energy charge Rs. Cr. \| Total Charges Rs. Cr. \| Avg. Tariff Rate Rs./kWh \| Energy MU \| Fixed Charge rate (Rs/MW) \| Fixed charge Rs. Cr. \| Energy Rate Rs./kWh \| Energy charge Rs. Cr. \| Total Charges Rs. Cr. \| Avg. Tariff Rate Rs./kWh \| \| \| 11 \| 12 \| 13 \| 14 \| 15 \| 16 \| \| 17 \| 18 \| 19 \| 20 \| 21 \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| This is to certify that no earlier year purchase cost have been included in this table. The above table is only for current year transactions pertaining to power purchase. Format - 6 Tariff Petition for Financial Year \_\_\_\_\_\_\_\_\_\_\_\_ Name of the Distribution Licensee : \_\_\_\_\_\_\_ Employee Details \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| S.N \| Particulars \| Previous year (Actuals) \| Current Year (R.E) \| Ensuing years (Projection) \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| 7 \| \| 1 \| Number of employees at the beginning of FY \_\_\_\_\_\_\_ \| \| \| \| \| \| \| 2 \| No. of employees added during FY \_\_\_\_\_\_ \| \| \| \| \| \| \| 3 \| Number of employees retiring/ leaving during the FY\_\_\_\_\_ \| \| \| \| \| \| \| 4 \| Number of employees at the end of the FY (1+2-3) \| \| \| \| \| \| Format - 7 Tariff Petition for Financial Year \_\_\_\_\_\_\_\_\_\_\_\_ Name of the Distribution Licensee : Employee Cost (Rs. in Cr.) \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| S.N \| Particulars \| Previous Year \| Current Year \| Ensuing Year (s) \| \| 1. \| Salaries & Allowances \| \| \| \| \| (i) \| Existing Employees \| \| \| \| \| (ii) \| New Employees \| \| \| \| \| (ii) \| Total \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| 2. \| Contribution to Terminal Benefits (Accrual Basis) \| \| \| \| \| 3. \| Total of Salary & Allowances and Terminal Benefits \| \| \| \| \| 4. \| Amount Capitalized \| \| \| \| \| 5. \| Net Amount \| \| \| \| \| 6. \| Grand Total \| \| \| \| Note. - (i) No terminal benefits shall be paid before the date of reorganisation i.e. 01.11.2012. (ii) In respect of continuing employees as on the date of reorganisation and newly appointed employees after reorganisation date the terminal benefits shall be allowed. (iii) In respect of item 6, a brief description to be appended. Format - 8 Tariff Petition for Financial Year \_\_\_\_\_\_\_\_\_\_\_\_ Name of the Distribution Licensee : Employees Productivity Parameters \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| S.N \| Particulars \| Previous year (Actuals) \| Current Year (R.E) \| Ensuing years (Projection) \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| 7 \| \| 1 \| Number of consumers (in Lakh) \| \| \| \| \| \| \| 2 \| Connected load in kW \| \| \| \| \| \| \| 3 \| Distribution line in circuit KM \| \| \| \| \| \| \| 4 \| Energy sold in MU \| \| \| \| \| \| \| 5 \| Employees per MU of energy sold \| \| \| \| \| \| \| 6 \| Employees per 1000 consumers \| \| \| \| \| \| \| 7 \| Share of employees cost in total costs \| \| \| \| \| \| \| 8 \| Employees cost in paise / kWh of energy sold \| \| \| \| \| \| \| 9 \| Distribution line circuit KM per employee \| \| \| \| \| \| Format - 9 Tariff Petition for Financial Year \_\_\_\_\_\_\_\_\_\_\_\_ Name of the Distribution Licensee : \_\_\_\_\_\_\_ Repair and Maintenance Expenses (Rs. in lakhs) \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| S.N \| Particulars \| Previous year (Actuals) \| Current year (RE) \| Ensuing years (Projections) \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| 7 \| \| 1 \| Plant & Machinery \| \| \| \| \| \| \| 2 \| Building \| \| \| \| \| \| \| 3 \| Hydraulic works & civil works \| \| \| \| \| \| \| 4 \| Line cable & network \| \| \| \| \| \| \| 5 \| Vehicles \| \| \| \| \| \| \| 6 \| Furniture & fixtures \| \| \| \| \| \| \| 7 \| Office equipments \| \| \| \| \| \| \| 8 \| Total expenses \| \| \| \| \| \| \| 9 \| Less capitalized \| \| \| \| \| \| \| 10 \| Net Expenses \| \| \| \| \| \| \| 11 \| Total expenses charged to revenue \| \| \| \| \| \| \* Year-wise details of these charges may be provided with documentary evidence Format - 10 Tariff Petition for Financial Year \_\_\_\_\_\_\_\_\_\_\_\_ Name of the Distribution Licensee : \_\_\_\_\_\_\_ Administration and General Expenses (Rs. in lakhs) \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| S.N \| Particulars \| Previous year (Actuals) \| Current year (RE) \| Ensuing years (Projections) \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| 7 \| \| 1 \| Rent, rates & taxes \| \| \| \| \| \| \| 2 \| Insurance \| \| \| \| \| \| \| 3 \| Telephone, postage & Telegrams \| \| \| \| \| \| \| 4 \| Consultancy fees \| \| \| \| \| \| \| 5 \| Technical fees \| \| \| \| \| \| \| 6 \| Other professional charges \| \| \| \| \| \| \| 7 \| Conveyance & travel expenses \| \| \| \| \| \| \| 8 \| Electricity & Water charges \| \| \| \| \| \| \| 9 \| Freight \| \| \| \| \| \| \| 10 \| Other material related expenses \| \| \| \| \| \| \| 11 \| Penalty/Fine Paid (if any) \| \| \| \| \| \| \| 12 \| any other expenses \| \| \| \| \| \| \| 13 \| Total expenses \| \| \| \| \| \| \| 14 \| Less Capitalized \| \| \| \| \| \| \| 15 \| Net expenses \| \| \| \| \| \| \| 16 \| Total expenses charged to revenue \| \| \| \| \| \| \* Year-wise details of these charges may be provided with documentary evidence. Format - 11 Tariff Petition for Financial Year \_\_\_\_\_\_\_\_\_\_\_\_ Name of the Distribution Licensee : \_\_\_\_\_\_\_ Investment Plan (Scheme-wise) (Rs. in lakhs) \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| S.N \| Name of scheme / Project \| Approved Outlay \| Previous year (actuals) \| Current year (RE) \| Ensuing Years (Projection) \| Progressive Expenditure upto ensuing year (s) \| \| 1 \| \| \| \| \| \| \| \| \| \| 2 \| \| \| \| \| \| \| \| \| \| 3 \| \| \| \| \| \| \| \| \| \| 4 \| \| \| \| \| \| \| \| \| \| 5 \| \| \| \| \| \| \| \| \| \| 6 \| \| \| \| \| \| \| \| \| \| 7 \| \| \| \| \| \| \| \| \| \| 8 \| \| \| \| \| \| \| \| \| \| 9 \| \| \| \| \| \| \| \| \| \| 10 \| \| \| \| \| \| \| \| \| \| 11 \| \| \| \| \| \| \| \| \| \| 12 \| \| \| \| \| \| \| \| \| \| 13 \| \| \| \| \| \| \| \| \| \| 14 \| \| \| \| \| \| \| \| \| \| 15 \| \| \| \| \| \| \| \| \| \| 16 \| \| \| \| \| \| \| \| \| \| 17 \| \| \| \| \| \| \| \| \| \| 18 \| \| \| \| \| \| \| \| \| \| 19 \| \| \| \| \| \| \| \| \| Note. - The amount of grants and loans shall be furnished separately scheme wise and funding agency wise. Format - 12 Tariff Petition for Financial Year \_\_\_\_\_\_\_\_\_\_\_\_ Name of the Distribution Licensee : \_\_\_\_\_\_\_ Investment Plan (Year-wise) (Rs. in lakhs) \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| S.N \| Year \| Originally proposed by the Discom \| Approved by the Commission \| Revised by the Discom \| Revised approval by the Commission in review \| Actual expenditure \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| 7 \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| Note. - (i) Information for previous year to be given in columns 1 to 7 (ii) Information for the current year to be given in columns 1 to 5 (iii) Amount of grants and loans shall be furnished separately funding Agency wise and year wise. Format - 13 Tariff Petition for Financial Year \_\_\_\_\_\_\_\_\_\_\_\_ Name of the Distribution Licensee : \_\_\_\_\_\_\_ Fixed Assets (Rs. in lakhs) \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| S.N \| Particulars \| Previous Year \| Current Year \| Ensuing Years of the control period \| \| 1 \| 2 \| 3 \| 4 \| \| \| 1 \| Gross fixed asset (GFA) at beginning of the year \| \| \| \| \| 2 \| Less accumulated depreciation \| \| \| \| \| 3 \| Net GFA at beginning of the year \| \| \| \| \| 4 \| Less accumulated consumer contribution \| \| \| \| \| 5 \| Net fixed asset at beginning of the year \| \| \| \| \| \| \| \| \| \| \| S.N \| Particulars \| WIP \| Fixed Assets \| \| \| 1 \| 2 \| 3 \| 4 \| \| \| 1 \| As on 31st March of previous year Add capital expenditure during current year Total: \| \| \| \| \| \| Less transferred to fixed assets \| \| \| \| \| 2 \| As on 31st March of current year Add capital expenditure during ensuing year Total: \| \| \| \| \| \| Less transferred to fixed assets \| \| \| \| \| 3 \| As on 31st March of ensuing year \| \| \| \| \| \| \| \| \| \| \| S.N \| Particulars \| Amount \| \| \| 1 \| 2 \| 3 \| \| \| 1 \| Accumulated Depreciation \| \| \| \| 2 \| As on 31st March of previous year \| \| \| \| 3 \| Add: Depreciation for current year \| \| \| \| 4 \| As on 31st March of current year \| \| \| \| 5 \| Consumers Contribution \| \| \| \| 6 \| As on 31st March of previous year \| \| \| \| 7 \| Addition during current year \| \| \| \| 8 \| As on 31st March of current year \| \| \| \| 9 \| Asset created from grants \| \| \| \| 10 \| As on 31st March of previous year \| \| \| \| 11 \| Addition during current year \| \| \| \| 12 \| As on 31st March of current year \| \| \| Note. - (1) Compiled and audited Annual Account should be submitted for the previous year. (2) The Actual figures / data from April to September and budgeted figures / data from October to March relating to the year in which the tariff petition is submitted should be submitted Format - 14 Tariff Petition for Financial Year \_\_\_\_\_\_\_\_\_\_\_\_ Name of the Distribution Licensee : Gross Fixed Assets (GFA) (Rs. in lakhs) \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| S.N \| Assets group \| GFA at the beginning of previous year \| Addition during previous year \| Closing balance at the end of previous year \| Addition during the current year \| Closing balance at the end of current year \| Addition during ensuing year \| Closing balance at the end of ensuing year \| \| 1 \| \| \| \| \| \| \| \| \| \| 2 \| \| \| \| \| \| \| \| \| \| 3 \| \| \| \| \| \| \| \| \| \| 4 \| \| \| \| \| \| \| \| \| \| 5 \| \| \| \| \| \| \| \| \| \| 6 \| \| \| \| \| \| \| \| \| \| 7 \| Total \| \| \| \| \| \| \| \| Format - 15 Tariff Petition for Financial Year \_\_\_\_\_\_\_\_\_\_\_\_ Name of the Distribution Licensee : \_\_\_\_\_\_\_ Value of Assets and Depreciation Charges (Information to be supplied for the previous year (actuals) , current year (RE) and the ensuring year (s) (projections) Rs. Crores \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| \| S.N \| Particulars \| Assets value at the beginning of the year \| Rate of depreciation \| Depreciation charges \| Accumulated depreciation \| \| \| \| Consumer Contribution \| By grants \| Loan \| \| Consumer Contribution \| By grants \| Loan \| Consumer Contribution \| By grants \| Loan \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| 7 \| 8 \| 9 \| 10 \| 11 \| 12 \| \| 1 \| Land and land rights \| \| \| \| \| \| \| \| \| \| \| \| 2 \| Buildings \| \| \| \| \| \| \| \| \| \| \| \| 3 \| Hydraulic works \| \| \| \| \| \| \| \| \| \| \| \| 4 \| Other civil works \| \| \| \| \| \| \| \| \| \| \| \| 5 \| Plant and Machinery \| \| \| \| \| \| \| \| \| \| \| \| 6 \| Lines and cable network \| \| \| \| \| \| \| \| \| \| \| \| 7 \| Vehicles \| \| \| \| \| \| \| \| \| \| \| \| 8 \| Furniture and Fixtures \| \| \| \| \| \| \| \| \| \| \| \| 9 \| Office equipment \| \| \| \| \| \| \| \| \| \| \| \| 10 \| Total \| \| \| \| \| \| \| \| \| \| \| \| \| (vii) Other \| \| \| \| \| \| \| \| \| \| \| \| \| Grand Total (i to vii) \| \| \| \| \| \| \| \| \| \| \| Format - 16 Tariff Petition for Financial Year \_\_\_\_\_\_\_\_\_\_\_\_ Name of the Distribution Licensee : \_\_\_\_\_\_\_ Depreciation Charges \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| Sl.No. \| Particulars \| Previous Year \| Current Year \| Ensuing Year (s) \| \| 1 \| Gross fixed assets of the beginning of the year \| \| \| \| \| 2 \| Additions during the year \| \| \| \| \| 3 \| IDC \| \| \| \| \| 4 \| Closing GFA \| \| \| \| \| 5 \| Average GFA \| \| \| \| \| 6 \| Weighted Average Rate of Depreciation \| \| \| \| \| 7 \| Gross Depreciation \| \| \| \| \| 8 \| Opening grants \| \| \| \| \| 9 \| Grants during the year \| \| \| \| \| 10 \| Total Grants \| \| \| \| \| 11 \| Average Grants \| \| \| \| \| 12 \| Weighted Average rate of Depreciation \| \| \| \| \| 13 \| Depreciation for GFA on Grants \| \| \| \| \| 14 \| Net Depreciation of GFA on loans (7-13) \| \| \| \| Note. - In the case of assets utilized which have reached the residual value, after recovery of depreciation in full, details of such assets shall be furnished separately along with their residual value, so as to enable the Commission to pass on the required benefit to the consumers through tariff. Format - 17 Tariff Petition for Financial Year \_\_\_\_\_\_\_\_\_\_\_\_ Name of the Distribution Licensee : \_\_\_\_\_\_\_ Capital Work-In-Progress (CWIP) (Rs. in lakhs) \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| S.N \| Particulars \| Previous year (Actuals) \| Current year (RE) \| Ensuing year (s) (Projections) \| \| 1 \| 2 \| 3 \| 4 \| 5 \| \| 1 \| Opening CWIP \| \| \| \| \| 2 \| New Investment \| \| \| \| \| 3 \| Less Capitalization \| \| \| \| \| (a) \| CWIP \| \| \| \| \| (b) \| New Investment \| \| \| \| \| 4 \| Closing CWIP (1+2-3) \| \| \| \| \| 5 \| Funding \| \| \| \| \| (a) \| CWIP Capitalization \| \| \| \| \| (i) \| Grant \| \| \| \| \| (ii) \| Loan \| \| \| \| \| (b) \| New Investment Capitalization \| \| \| \| \| (i) \| Grant \| \| \| \| \| (ii) \| Loan \| \| \| \| \| 6 \| Total capitalization \| \| \| \| \| (i) \| Total Grant \| \| \| \| \| (ii) \| Total Loan \| \| \| \| Format - 18 Tariff Petition for Financial Year \_\_\_\_\_\_\_\_\_\_\_\_ Name of the Distribution Licensee : \_\_\_\_\_\_\_ Details of Loans for the year (Information to be supplied separately for the previous year (actuals) , current year(RE) and ensuing years (projections) (Rs. in lakhs) \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| S.N \| Particulars \| Opening balance \| Rate of Interest \| Addition during the year \| Repayment during the year \| Closing balance \| Amount of interest paid \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| 7 \| 8 \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| Note. - The amount of penal interest, if any, to be shown separately. Format - 19 Tariff Petition for Financial Year \_\_\_\_\_\_\_\_\_\_\_\_ Name of the Distribution Licensee : \_\_\_\_\_\_\_ Information Regarding Restructuring of Outstanding Loans During the Year (Rs. in lakhs) \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| S.N \| Source of loan \| Amount of original loan \| Old rate of interest \| Amount already restructured \| Revised rate of interest \| Amount now being restructured \| New rate of interest \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| 7 \| 8 \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| Format - 20 Tariff Petition for Financial Year \_\_\_\_\_\_\_\_\_\_\_\_ Name of the Distribution Licensee : \_\_\_\_\_\_\_ Interest and Finance Charges (Rs. in lakhs) \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| S.N. \| Source of loan \| Previous year (Actuals) \| Current year (RE) \| Ensuing year (s) (Projections) \| \| 1 \| 2 \| 3 \| 4 \| 5 \| \| 1 \| SLR Bonds \| \| \| \| \| 2 \| Non SLR Bonds \| \| \| \| \| 3 \| LIC \| \| \| \| \| 4 \| REC \| \| \| \| \| 5 \| Commercial Banks \| \| \| \| \| 6 \| Bills discounting \| \| \| \| \| 7 \| Lease rental \| \| \| \| \| 8 \| PFC \| \| \| \| \| 9 \| Others \| \| \| \| \| 10 \| Total \| \| \| \| \| 11 \| Add State Govt. Loan \| \| \| \| \| 12 \| Total (10 +11) \| \| \| \| \| 13 \| Less capitalization \| \| \| \| \| 14 \| Net Interest \| \| \| \| \| 15 \| Add prior period adjustment \* \| \| \| \| \| 16 \| Total Interest \| \| \| \| \| 17 \| Finance charges \| \| \| \| \| 18 \| Total Interest and finance charges \| \| \| \| \* Year-wise details should be submitted with documentary evidence. Rate of interest of various loans to be indicated in a separate sheet, as part of Format-20 Format - 21 Tariff Petition for Financial Year \_\_\_\_\_\_\_\_\_\_\_\_ Name of the Distribution Licensee : \_\_\_\_\_\_\_ Interest Capitalized (Rs. in lakhs) \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| S.N. \| Interest capitalized \| Previous year (Actuals) \| Current year (RE) \| Ensuing year (s) (Projections) \| \| 1 \| 2 \| 3 \| 4 \| 5 \| \| 1 \| \| \| \| \| \| 2 \| \| \| \| \| \| \| \| \| \| \| \| 3 \| \| \| \| \| \| 4 \| \| \| \| \| \| 5 \| \| \| \| \| Format - 22 Tariff Petition for Financial Year \_\_\_\_\_\_\_\_\_\_\_\_ Name of the Distribution Licensee : \_\_\_\_\_\_\_ Lease details (Rs. in lakhs) \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| S.N \| Name of Lesser \| Gross Assets (Rs. in crores) \| Lease earned on \| Lease Rentals \| Primary Period ended / ending by \| Secondary period ending by \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| 7 \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| Format - 23 Tariff Petition for Financial Year \_\_\_\_\_\_\_\_\_\_\_\_ Name of the Distribution Licensee : Interest on Working Capital (Rs. in lakhs) \| \| \| \| \| --- \| --- \| --- \| \| S.N \| Particulars \| Amount \| \| Previous Year \| Current Year \| Ensuing Year (s) \| \| 1 \| 2 \| 3 \| 4 \| 5 \| \| 1 \| O&M expenses for one month \| \| \| \| \| 2 \| Two months equivalent of expected revenue: After deducting: \| \| \| \| \| 3 \| Maintenance spares @ 40% of R&M expenses for one month \| \| \| \| \| 4 \| Less: (i) Power purchase cost, Load dispatch charges and transmission charges for one month. (ii) Depreciation, ROE, and contribution to contingency reserve. (iii) Security deposit from consumer if any (iv) grant received from the State Govt. for power purchase and other O&M expenses. \| \| \| \| \| 6 \| Net working capital \| \| \| \| \| 7 \| Interest rate \| \| \| \| \| 8 \| Interest on working capital \| \| \| \| Format - 24 Tariff Petition for Financial Year \_\_\_\_\_\_\_\_\_\_\_\_ Name of the Distribution Licensee : \_\_\_\_\_\_\_ Contribution to Contingency Reserve (Rs. in lakhs) \| \| \| \| \| --- \| --- \| --- \| \| S.N \| Particulars \| Amount \| \| 1 \| 2 \| 3 \| \| 1 \| Fixed Assets \| \| \| 2 \| %age appropriation to the contingency reserve \| \| \| 3 \| Appropriation to the contingency amount \| \| \| 4 \| Amount invested in securities \| \| \| 5 \| Drawal from the contingency reserve (i) (ii) (iii) Total drawl \| \| Format - 25 Tariff Petition for Financial Year \_\_\_\_\_\_\_\_\_\_\_\_ Name of the Distribution Licensee : \_\_\_\_\_\_\_ Information Regarding Amount of Equity & Loan (Rs. in lakhs) \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| S.N \| Particulars \| Amount of equity \| Amount of loan \| Ratio of equity & loan \| \| 1 \| 2 \| 3 \| 4 \| 5 \| \| 1 \| Amount of total asset \| \| \| \| \| 2 \| Less asset created from grant \| \| \| \| \| 3 \| Less asset created from consumer contribution \| \| \| \| \| 4 \| Net asset \| \| \| \| \| 5 \| Amount of loan (debt) \| \| \| \| \| 6 \| Amount of equity \| \| \| \| \| 7 \| Debt equity ratio \| \| \| \| \| 8 \| Amount of equity eligible for return \| \| \| \| \| 9 \| Rate of return on equity \| \| \| \| \| 10 \| Amount of return on equity \| \| \| \| Note. - Any change in equity balance from previous year must be Supported with documentary evidence. Details of Capital Base \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| S.N \| Particulars \| Previous Year \| Current Year \| Ensuing Year \| \| 1 \| 2 \| 3 \| 4 \| 5 \| \| 1 \| Gross Capital at beginning of the year \| \| \| \| \| 2 \| Less accumulated depreciation \| \| \| \| \| 3 \| Net capital at beginning of the year \| \| \| \| \| 4 \| Less accumulated consumer contribution \| \| \| \| \| 5 \| Net capital at beginning of the year \| \| \| \| Format - 26 Tariff Petition for Financial Year \_\_\_\_\_\_\_\_\_\_\_\_ Name of the Distribution Licensee : \_\_\_\_\_\_\_ Information Regarding Amount of Income Tax Paid (for previous financial years) (Rs. in lakhs) \| \| \| \| \| --- \| --- \| --- \| \| S.N \| Particulars \| During previous financial year \| \| 1 \| 2 \| 3 \| \| 1 \| Amount of taxable income from the licensed business \| \| \| (i) \| Amount of Income Tax paid \| \| \| (ii) \| Challan No. & Date through which Income Tax paid \| \| \| (iii) \| Name of Banks in which the amount was deposited \| \| \| (iv) \| PAN No. of the depositor \| \| \| 2 \| Amount of income from other than licensed business \| \| \| (i) \| Amount of Income Tax paid \| \| \| (ii) \| Challan No. & Date through which Income Tax paid \| \| \| (iii) \| Name of Banks in which the amount was deposited \| \| \| (iv) \| PAN No. of the depositor \| \| Format - 27 - A Tariff Petition for Financial Year \_\_\_\_\_\_\_\_\_\_\_\_ Name of the Distribution Licensee : \_\_\_\_\_\_\_ Non Tariff Income (on existing rates) (Rs. in crores) \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| S.N. \| Source of loan \| Previous year (Actuals) \| Current year (RE) \| Ensuing year (s) (Projections) \| \| 1 \| 2 \| 3 \| 4 \| 5 \| \| 1 \| Meter / Service rent \| \| \| \| \| 2 \| Delayed payment surcharge \| \| \| \| \| 3 \| Amount assessed in cases of UUE/Theft \| \| \| \| \| 4 \| Misc. receipts \| \| \| \| \| 5 \| Misc. charges \| \| \| \| \| 6 \| Wheeling charges \| \| \| \| \| 7 \| Interest on staff loans & advance \| \| \| \| \| 8 \| Income from trading \| \| \| \| \| 9 \| Income from welfare activities \| \| \| \| \| 10 \| Excess on verification \| \| \| \| \| 11 \| Interest on investments & bank balances \| \| \| \| \| 12 \| Total Income \| \| \| \| \| 13 \| Add Prior period income \* \| \| \| \| \| 14 \| Total Non tariff income \| \| \| \| \* Year wise details of prior period income may be provided Format - 27 - B Tariff Petition for Financial Year \_\_\_\_\_\_\_\_\_\_\_\_ Name of the Distribution Licensee : \_\_\_\_\_\_\_ Non Tariff Income (on proposed tariff) (Rs. in crores) \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| S.N. \| Source of loan \| Current year (RE) \| Ensuing year (s) (Projections) \| \| 1 \| 2 \| 4 \| 5 \| \| 1 \| Meter / Service rent \| \| \| \| 2 \| Delayed payment surcharge \| \| \| \| 3 \| Amount assessed in cases of unauthorized use of energy \| \| \| \| 4 \| Misc. receipts \| \| \| \| 5 \| Misc. charges \| \| \| \| 6 \| Wheeling charges \| \| \| \| 7 \| Interest on staff loans & advance \| \| \| \| 8 \| Income from trading \| \| \| \| 9 \| Income from welfare activities \| \| \| \| 10 \| Excess on verification \| \| \| \| 11 \| Interest on investments & bank balances \| \| \| \| 12 \| Total Income \| \| \| \| 13 \| Add Prior period income \* \| \| \| \| 14 \| Total Non tariff income \| \| \| \* Year wise details of prior period income may be provided Format - 28 Tariff Petition for Financial Year \_\_\_\_\_\_\_\_\_\_\_\_ Name of the Distribution Licensee : \_\_\_\_\_\_\_ Information Regarding Revenue from Other Business (Rs. in lakhs) \| \| \| \| \| --- \| --- \| --- \| \| S.N \| Particulars \| Amount \| \| 1 \| 2 \| 3 \| \| 1 \| Total Revenue from other business \| \| \| 2 \| Income from other business to be considered for licensed business as per regulations \| \| Note. - To be supplied for previous year, current year and ensuing year for which licence for other business was operating Format - 29 Tariff Petition for Financial Year \_\_\_\_\_\_\_\_\_\_\_\_ Name of the Distribution Licensee : \_\_\_\_\_\_\_ Aggregate Revenue Requirement (ARR) (Rs. Crore) \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| Sl.No. \| Particulars \| Previous Year \| Current Year \| Ensuing Years \| \| 1. \| Power purchase cost \| \| \| \| \| 2. \| PGCIL & other transmission charges \| \| \| \| \| 3. \| State Transmission charges \| \| \| \| \| 4. \| O&M Expenses \| \| \| \| \| (i) \| Employee Cost \| \| \| \| \| (ii) \| R&M expenses \| \| \| \| \| (iii) \| A&G expenses \| \| \| \| \| 5. \| Share of Holding Company expenses \| \| \| \| \| 6. \| Depreciation \| \| \| \| \| 7. \| Interest and Finance charges \| \| \| \| \| 8. \| Interest on working capital \| \| \| \| \| 9. \| Return on equity \| \| \| \| \| 10. \| Income Tax \| \| \| \| \| 11. \| Interest on security deposit \| \| \| \| \| 12. \| Bad debts (if any) \| \| \| \| \| 13. \| Contingency reserves (if any) \| \| \| \| \| 14. \| Total Revenue Requirement \| \| \| \| \| 15. \| Less: Non-tariff income \| \| \| \| \| 16. \| Aggregate Revenue Requirement \| \| \| \| Format - 30-A Tariff Petition for Financial Year \_\_\_\_\_\_\_\_\_\_\_\_ Name of the Distribution Licensee : \_\_\_\_\_\_\_ Revenue from Existing Tariff \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| \| S.N \| Particulars \| Previous yr. (Actuals) Rs. Cr. \| Current yr. (RE) Rs. Cr. \| Ensuing yr. (Projections) \| % Realisation \| \| Unit sold (MU) \| Avg. Tariff Rate (Rs. kWh) \| Amount (Rs. Cr.) \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| 7 \| 8 \| \| 1 \| Domestic \| \| \| \| \| \| \| \| (a) \| (i) 'Kutir Jyothi' Scheme Metered (ii) Un-metered \| \| \| \| \| \| \| \| (b) \| Domestic Service I (DS I) (i) Metered (ii) Un-metered \| \| \| \| \| \| \| \| (c) \| Domestic Service II (DS II) Metered \| \| \| \| \| \| \| \| (d) \| Domestic Service III (DS III) Metered \| \| \| \| \| \| \| \| \| Sub - Total \| \| \| \| \| \| \| \| 2 \| Non Domestic Services (NDS) NDS-I : Un-metered NDS-I: Metered NDS-II : Metered NDS-III : Metered \| \| \| \| \| \| \| \| \| Sub - Total \| \| \| \| \| \| \| \| 3 \| Irrigation and Agricultural Service (IAS) \| \| \| \| \| \| \| \| (a) \| IAS - I : Metered IAS - I : Un-metered - \| \| \| \| \| \| \| \| (b) \| IAS - II : Metered IAS - II : Un-metered - \| \| \| \| \| \| \| \| \| Sub - Total \| \| \| \| \| \| \| \| 4. \| Low Tension Industrial Service (LTIS) \| \| \| \| \| \| \| \| \| LTIS-I : Metered LTIS-II : Metered \| \| \| \| \| \| \| \| 5. \| Public Water WorksMetered \| \| \| \| \| \| \| \| 6. \| Street light Service SS-I : Metered SS- II : Un-metered \| \| \| \| \| \| \| \| \| Sub - Total \| \| \| \| \| \| \| \| 7. \| High Tension \| \| \| \| \| \| \| \| 7.1 \| 11 kV High Tension Service (HTS I) \| \| \| \| \| \| \| \| 7.2 \| 33 kV High Tension Service (HTS II) \| \| \| \| \| \| \| \| 7.3 \| 132 kV and above High Tension Service (EHTI) \| \| \| \| \| \| \| \| 7.4 \| High Tension specified service (HTSS) \| \| \| \| \| \| \| \| \| Sub - Total \| \| \| \| \| \| \| \| 8. \| Railway Traction Service (RTS) \| \| \| \| \| \| \| \| 8.1 \| RTS 132 KV \| \| \| \| \| \| \| \| 8.2 \| RTS 25 KV \| \| \| \| \| \| \| \| \| Sub - Total \| \| \| \| \| \| \| \| 9 \| Sales to Other Distribution Licensees \| \| \| \| \| \| \| \| 10 \| Outside State, (including UI) if any \* \| \| \| \| \| \| \| \| 11 \| Discoms own use \| \| \| \| \| \| \| \| 12 \| Add MMC and Other Charges \| \| \| \| \| \| \| \| \| Grand Total \| \| \| \| \| \| \| Note. - (1) Month-wise agriculture assessment data as per sample meters may also be supplied for different years (2) The information shall be given as specified by the Commission to determine the tariff. (3) Category of consumers in column 2 should be as per tariff structure proposed in the tariff petition. \* State-wise details to be provided. Format - 30 - B Tariff Petition for Financial Year \_\_\_\_\_\_\_\_\_\_\_\_ Name of the Distribution Licensee : Revenue from Proposed Tariff Ensuing year (Projections) \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| \| S.N \| Particulars \| Unit Sold (MU) \| Average Tariff Rate (Rs./kWh) \| Amount (Rs. Cr.) \| % Realisation \| \| 1 \| 2 \| 3 \| 4 \| 5 \| \| \| 1 \| Domestic \| \| \| \| \| \| (a) \| (i) 'Kutir Jyothi' Scheme Metered (ii) Un-metered \| \| \| \| \| \| (b) \| Domestic Service I (DS I) (i) Metered (ii) Un-metered \| \| \| \| \| \| (c) \| Domestic Service II (DS II) Metered \| \| \| \| \| \| (d) \| Domestic Service III (DS III) Metered \| \| \| \| \| \| \| Sub - Total \| \| \| \| \| \| 2 \| Non Domestic Services (NDS) NDS-I : Un-metered NDS-I Metered NDS-II : Metered NDS-III : Metered \| \| \| \| \| \| \| Sub - Total \| \| \| \| \| \| 3 \| Irrigation and Agricultural Service (IAS) \| \| \| \| \| \| (a) \| IAS - I : Metered IAS - I : Un-metered - \| \| \| \| \| \| (b) \| IAS - II : Metered IAS - II : Un-metered - \| \| \| \| \| \| \| Sub - Total \| \| \| \| \| \| 4. \| Low Tension Industrial Service (LTIS) LTIS-I : Metered LTIS-II : Metered \| \| \| \| \| \| 5. \| Public Water Works Metered \| \| \| \| \| \| 6. \| Street light Service \| \| \| \| \| \| SS-I : Metered SS- II : Un-metered \| \| \| \| \| \| \| Sub - Total \| \| \| \| \| \| 7. \| High Tension \| \| \| \| \| \| 7.1 \| 11 kV High Tension Service (HTS I) \| \| \| \| \| \| 7.2 \| 33 kV High Tension Service (HTS II) \| \| \| \| \| \| 7.3 \| 132 kV and above High Tension Service (EHTI) \| \| \| \| \| \| 7.4 \| High Tension specified service (HTSS) \| \| \| \| \| \| \| Sub - Total \| \| \| \| \| \| 8. \| Railway Traction Service (RTS) \| \| \| \| \| \| 8.1 \| RTS 132 KV \| \| \| \| \| \| 8.2 \| RTS 25 KV \| \| \| \| \| \| \| Sub - Total \| \| \| \| \| \| 9 \| Sales to Other Distribution Licensees \| \| \| \| \| \| 10 \| Outside State, (including UI) if any \* \| \| \| \| \| \| 11 \| Discoms own use \| \| \| \| \| \| 12 \| Add MMC and Other Charges \| \| \| \| \| \| \| Grand Total \| \| \| \| \| Note. - (1) Month-wise agriculture assessment data as per sample meters may also be supplied for different years (2) The information shall be given as specified by the Commission to determine the tariff. (3) Category of consumers in column 2 should be as per tariff structure proposed in the tariff petition. \* State-wise details to be provided. Format - 31 Tariff Petition for Financial Year \_\_\_\_\_\_\_\_\_\_\_\_ Name of the Distribution Licensee : \_\_\_\_\_\_\_ Revenue Gap (Ensuing Year) (A) At Existing Tariff for Ensuing Year (FY ............................) (Rs. Crore) \| \| \| \| \| --- \| --- \| --- \| \| Sl.No. \| Particulars \| Amount \| \| 1. \| Aggregate Revenue Requirement (ARR) \| \| \| 2. \| Less : Non Tariff Income \| \| \| 3. \| Add : Recovery of revenue gap / (Surplus) of past period, if any \| \| \| 4. \| Net ARR \| \| \| 5. \| Less : Power Purchase Cost disallowed, if any \| \| \| 6. \| Less : Revenue from Existing Tariff \| \| \| 7. \| Less : Revenue from sale of power to other Agency \| \| \| 8. \| Gap (4-5-6) \| \| \| 9. \| Total grant from State Govt. \| \| \| 10. \| Grant used for compensating disallowed power \| \| \| 11. \| Balance resource grant assistance from Stat Govt. (9-10) \| \| \| 12. \| Net Gap/(Surplus) at existing tariff (8-11) \| \| \| 13. \| \| \| (B) At Proposed Tariff for Ensuing Year (FY ............................) (Rs. Crore) \| \| \| \| \| --- \| --- \| --- \| \| Sl.No. \| Particulars \| Amount \| \| 1. \| Aggregate Revenue Requirement (ARR) \| \| \| 2. \| Less : Non Tariff Income \| \| \| 3. \| Add : Recovery of revenue gap / (Surplus) of past period, if any \| \| \| 4. \| Net ARR \| \| \| 5. \| Less : Power Purchase Cost disallowed, if any \| \| \| 6. \| Less : Revenue from Existing Tariff \| \| \| 7. \| Less : Revenue from sale of power to other Agency \| \| \| 8. \| Gap (4-5-6) \| \| \| 9. \| Total grant from State Govt. \| \| \| 10. \| Grant used for compensating disallowed power \| \| \| 11. \| Balance resource grant assistance from Stat Govt. (9-10) \| \| \| 12. \| Net Gap/(Surplus) at existing tariff (8-11) \| \| \| 13. \| \| \| Format - 32 Tariff Petition for Financial Year \_\_\_\_\_\_\_\_\_\_\_\_ Name of the Distribution Licensee : \_\_\_\_\_\_\_ Information Regarding Grant/Subsidy from State Govt/Central Govt. (Rs. Crore) \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| S.N \| Particulars \| Previous Year \| Current Year \| Ensuing Years \| \| 1 \| 2 \| 3 \| 4 \| 5 \| \| A \| Amount from State Govt. \| \| \| \| \| (i) Purpose for which grant received \| \| \| \| \| (a) \| \| \| \| \| (b) \| \| \| \| \| (c) \| \| \| \| \| (d) \| \| \| \| \| (ii) Targeted categories for subsidy \| \| \| \| \| (a) \| \| \| \| \| (b) \| \| \| \| \| (c) \| \| \| \| \| (d) \| \| \| \| \| B \| Amount from Central Govt. \| \| \| \| \| (i) Purpose for which grant received \| \| \| \| \| (a) \| \| \| \| \| (b) \| \| \| \| \| (c) \| \| \| \| \| (d) \| \| \| \| Note. - The details of commitment of the government and the guidelines for utilisation of the amount received as grant or subsidy is to be supported by documentary evidence with separate explanation in the tariff petition. Format - 33 Tariff Petition for Financial Year \_\_\_\_\_\_\_\_\_\_\_\_ Name of the Distribution Licensee : \_\_\_\_\_\_\_ (for ensuing financial year FY.....) (A) Voltage-wise Technical Loss and Energy Sale \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| SI. No. \| Voltage Level (KV) \| Technical Losses (%) \| Cumulative Loss (%) \| Energy Sale (MU) \| Energy input (MU) \| Technical Loss (MU) \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| 7=(6-5) \| \| 1 \| 220 \| \| \| \| \| \| \| 2 \| 132 \| \| \| \| \| \| \| 3 \| 33 \| \| \| \| \| \| \| 4 \| 11 \| \| \| \| \| \| \| 5 \| 0.4 \| \| \| \| \| \| \| Total \| \| \| \| \| \| \| (B) Voltage-wise Commercial Loss \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| SI. No. \| Voltage Level KV \| Energy Sale (MU) \| Technical Loss (MU) \| Sales + Tech Loss (MU) \| Commercial Loss (MU) \| Energy Sales + Tech. Loss + Commercial Loss (energy input at state periphery) (MU) \| \| 1 \| 2 \| \| \| \| \| \| \| 1 \| 220 \| \| \| \| \| \| \| 2 \| 132 \| \| \| \| \| \| \| 3 \| 33 \| \| \| \| \| \| \| 4 \| 11 \| \| \| \| \| \| \| 5 \| 0.4 \| \| \| \| \| \| \| \| Total \| \| \| \| \| \| (C) Voltage-wise Allocation of Power Purchase Cost \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| SI. No. \| Voltage Level KV \| Energy Sale (MU) \| Energy Sales + Technical loss + Comml. loss (MU) \| Unit cost of power purchase approved by the Commission (Rs./unit) \| Power Purchase Cost (Rs. Crore) \| Cost of Power per unit sale of Energy (Rs./unit) \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 = (4\*5) \| 7= (6÷3) \| \| 1 \| 220 \| \| \| \| \| \| \| 2 \| 132 \| \| \| \| \| \| \| 3 \| 33 \| \| \| \| \| \| \| 4 \| 11 \| \| \| \| \| \| \| 5 \| 0.4 \| \| \| \| \| \| \| Total \| \| \| \| \| \| (D) Total Network Cost \| \| \| \| \| --- \| --- \| --- \| \| SI. No. \| Particulars \| Amount (Rs. Cr) \| \| 1 \| Employee Cost \| \| \| 2 \| R&M costs \| \| \| 3 \| A&G expenses \| \| \| 4 \| Holding Company \| \| \| 5 \| Depreciation \| \| \| 6 \| Interest & Finance Charges \| \| \| 7 \| Interest on Working Capital \| \| \| 8 \| RPO fund \| \| \| 9 \| Return on Equity \| \| \| 10 \| Less: IDC \| \| \| 11 \| Total (1 to 7) \| \| \| 12 \| Transmission cost \| \| \| 13 \| Total cost \| \| \| 14 \| Energy Sales (MU) \| \| \| 15 \| Network Cost per unit sale of energy (Distribution + Transmission) (Rs./kWh) \| \| (E) Voltage-wise Allocation of Network Cost \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| SI.No. \| Voltage Level \| Energy Sale (MU) \| Network Cost (Rs./Unit) \| Total Network Cost (Rs. Cr) \| \| 1 \| 220 \| \| \| \| \| 2 \| 132 \| \| \| \| \| 3 \| 33 \| \| \| \| \| 4 \| 11 \| \| \| \| \| 5 \| 0.4 \| \| \| \| \| Total \| \| \| \| (F) Voltage-wise Cost of Supply \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| Sl.No. \| Supply Voltage \| Cost of power purchase (Rs./unit) \| Network cost (Rs./unit) \| Cost of supply (Rs./unit) \| \| 1 \| 2 \| 3 \| 4 \| 5 \| \| 1 \| 220/132 \| \| \| \| \| 2 \| 33 \| \| \| \| \| 3 \| 11 \| \| \| \| \| 4 \| LT \| \| \| \| Note. - The detailed work-out of energy sales, technical losses, commercial losses and network cost at different voltage levels should be submitted separately with the tariff petitions. Format - 34(1/2) Tariff Petition for Financial Year \_\_\_\_\_\_\_\_\_\_\_\_ Name of the Distribution Licensee : \_\_\_\_\_\_\_ Tariff Structure and Rate \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| Sl No. \| Category & Consumption \| Rates on Existing Tariff \| Rates on Proposed Tariff \| \| FC Rs./kVA \| EC ps./Unit \| MMC Unit \| FC Rs./kVA \| EC ps./Unit \| MMC Unit \| \| A \| Low Tension Supply \| \| \| \| \| \| \| \| 1.0 \| Domestic \| \| \| \| \| \| \| \| 1.1 \| Kutir Jyoti \| \| \| \| \| \| \| \| \| K.J. Rural (Un-metered) \| \| \| \| \| \| \| \| \| K.J. Rural (Metered) \| \| \| \| \| \| \| \| \| K.J. Urban (Metered) \| \| \| \| \| \| \| \| 1.2 \| DS-I (Rural) - I-ph 2kW \| \| \| \| \| \| \| \| \| Un-metered \| \| \| \| \| \| \| \| \| Metered - \| \| \| \| \| \| \| \| \| First 50 Units \| \| \| \| \| \| \| \| \| 51 - 100 Units \| \| \| \| \| \| \| \| \| Above 100 Units \| \| \| \| \| \| \| \| 1.3 \| DS - II (Metered) \| \| \| \| \| \| \| \| \| Single Phase - Upto 7 kW \| \| \| \| \| \| \| \| \| Three Phase - 5kW and above \| \| \| \| \| \| \| \| \| 1-100 U/Month \| \| \| \| \| \| \| \| \| 101 - 200 U/Month \| \| \| \| \| \| \| \| \| 201 -300 U/Month \| \| \| \| \| \| \| \| \| above 300 U/Month \| \| \| \| \| \| \| \| 1.4 \| DS-III Metered for multi store \| \| \| \| \| \| \| \| 2.0 \| Non Domestic \| \| \| \| \| \| \| \| 2.1 \| NDS - I - for Rural \| \| \| \| \| \| \| \| \| Un-metered \| \| \| \| \| \| \| \| \| Metered \| \| \| \| \| \| \| \| \| 1-100 U/Month \| \| \| \| \| \| \| \| \| 101 - 200 U/Month \| \| \| \| \| \| \| \| \| above 200 U/Month \| \| \| \| \| \| \| \| 2.2 \| NDS - II (Metered) \| \| \| \| \| \| \| \| \| 1 - 7kW - Single Phase \| \| \| \| \| \| \| \| \| 5kW and above -Three Phase \| \| \| \| \| \| \| \| \| 1-100U/m \| \| \| \| \| \| \| \| \| 101-200 U/m \| \| \| \| \| \| \| \| \| above 200 U/m \| \| \| \| \| \| \| \| 2.3 \| NDS-III- Places of Worships \| \| \| \| \| \| \| \| \| 1-100U/M \| \| \| \| \| \| \| \| \| 101-200U/M \| \| \| \| \| \| \| \| \| Above 200U/M \| \| \| \| \| \| \| \| 3.0 \| Irrigation & Agriculture \| \| \| \| \| \| \| \| 3.1 \| (i) Pvt. Agriculture - IAS - I \| \| \| \| \| \| \| \| \| (a) Un-metered Supply \| \| \| \| \| \| \| \| \| per HP per month \| \| \| \| \| \| \| \| \| (b) Metered Supply Units Rate - Paise / U \| \| \| \| \| \| \| \| 3.2 \| (ii) State Tube-well IAS - II \| \| \| \| \| \| \| \| \| (a) Un-metered Supply \| \| \| \| \| \| \| \| \| per HP per month \| \| \| \| \| \| \| \| \| (b) Metered Supply Units Rate - Paise / U \| \| \| \| \| \| \| \| 4.0 \| Low Tension Industrial \| \| \| \| \| \| \| \| 4.1 \| (i) LTIS - I \| \| \| \| \| \| \| \| 4.2 \| (ii) LTIS - II \| \| \| \| \| \| \| \| 5.0 \| Pubic Water Works \| \| \| \| \| \| \| \| 6.0 \| Street Light Services \| \| \| \| \| \| \| \| 6.1 \| SS-I Metered Supply units rate \| \| \| \| \| \| \| \| 6.2 \| SS-II Un-metered \| \| \| \| \| \| \| \| \| Fixed Charges \| \| \| \| \| \| \| \| \| Light Point Wattage \| \| \| \| \| \| \| \| \| per 100W per month (Rs.) \| \| \| \| \| \| \| Format-34 (2/2) \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| B \| High Tension Supply \| \| \| \| \| \| \| \| 7.1 \| (i) HTS - I (11 / 6.6 kV) \| \| \| \| \| \| \| \| 7.2 \| (i) HTS - II (33kV) \| \| \| \| \| \| \| \| 7.3 \| HTS - III (132kV) \| \| \| \| \| \| \| \| 7.4 \| HTSS- (33kV/ 11kV) \| \| \| \| \| \| \| \| 8.0 \| Railways \| \| \| \| \| \| \| \| (i) RTS - I (132kV) \| \| \| \| \| \| \| \| (ii) RTS - II (25kV) \| \| \| \| \| \| \| \| \| \| --- \| \| FC - Fixed Charge \| \| EC - Energy Charge \| Format - 35 Tariff Petition for Financial Year \_\_\_\_\_\_\_\_\_\_\_\_ Name of the Distribution Licensee : \_\_\_\_\_\_\_ Computation of Cross Subsidy \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| Sl. \| Category of consumers \| At existing tariff rate \| At proposed tariff rate \| \| Avg. Tariff rate (Rs./kWh) \| Avg. Cost of Supply (Rs./kWh) \| % of average cost \| Avg. Tariff rate (Rs./kWh) \| Avg. Cost of Service (Rs./kWh) \| % of average cost \| \| 1 \| Kutir Jyoti \| \| \| \| \| \| \| \| 2 \| DS-I \| \| \| \| \| \| \| \| 3 \| DS-II \| \| \| \| \| \| \| \| 4 \| DS-III \| \| \| \| \| \| \| \| 5 \| NDS - I \| \| \| \| \| \| \| \| 6 \| NDS-II \| \| \| \| \| \| \| \| 7 \| NDS - III \| \| \| \| \| \| \| \| 8 \| Irrigation IAS - I \| \| \| \| \| \| \| \| 9 \| Irrigation IAS - II \| \| \| \| \| \| \| \| 10 \| L.T.I.S.-I \| \| \| \| \| \| \| \| 11 \| L.T.I.S.-II \| \| \| \| \| \| \| \| 12 \| Public Water work \| \| \| \| \| \| \| \| 13 \| Street light-I (Metered) \| \| \| \| \| \| \| \| 14 \| Street light-II (Un-metered) \| \| \| \| \| \| \| \| 15 \| H.T.S.-I \| \| \| \| \| \| \| \| 16 \| H.T.S.-II \| \| \| \| \| \| \| \| 17 \| H.T.S.-III \| \| \| \| \| \| \| \| 18 \| H.T.S.S. \| \| \| \| \| \| \| \| 19 \| R.T.S. \| \| \| \| \| \| \| Format - 36 Tariff Petition for Financial Year \_\_\_\_\_\_\_\_\_\_\_\_ Name of the Distribution Licensee : \_\_\_\_\_\_\_ Wheeling & Open Access Charges \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| Sl. No. \| Particulars \| Total Fixed Cost \| 33kV Wire cost \| 11kV \| \| Wire business \| Retail supply business \| Wire business \| Retail supply business \| \| 1 \| Employee cost \| \| \| \| \| \| \| 2 \| R&M Cost \| \| \| \| \| \| \| 3 \| A&G expenses \| \| \| \| \| \| \| 4 \| Depreciation \| \| \| \| \| \| \| 5 \| Interest and finance charges \| \| \| \| \| \| \| 6 \| Interest on working capital \| \| \| \| \| \| \| 7 \| Return on equity \| \| \| \| \| \| \| 8 \| Less: Non-tariff income \| \| \| \| \| \| \| 9 \| Total Cost (Rs. Cr.) \| \| \| \| \| \| \| 10 \| Energy input (MU) \| \| \| \| \| \| \| 11 \| Wheeling charges (sl. no. 9/10) \| \| \| \| \| \| \| 12 \| Cross Subsidy surcharge category of consumers (i) HTS-I (ii) HTS-II (iii) HTSS \| \| \| \| \| \| \| 13 \| Reactive energy charge \| \| \| \| \| \| \| 14 \| SLDC charges \| \| \| \| \| \| \| 15 \| Additional surcharge, if any \| \| \| \| \| \| Note. - The detailed work-out of costs towards wire business and retail supply business, wheeling charges, cross subsidy surcharge for each category of consumers, reactive energy charges, SLDC charges and additional surcharge should be submitted separately with the tariff petition.
65b94098ab84c7eca86e8bac	acts	State of Uttarakhand - Act ---------------------------- Uttarakhand Cooperative Societies (Amendment) Rules, 2016 ----------------------------------------------------------- UTTARAKHAND India Uttarakhand Cooperative Societies (Amendment) Rules, 2016 =========================================================== Rule UTTARAKHAND-COOPERATIVE-SOCIETIES-AMENDMENT-RULES-2016 of 2016 --------------------------------------------------------------------- * Published on 7 January 2017 * Commenced on 7 January 2017 Uttarakhand Cooperative Societies (Amendment) Rules, 2016 Published vide Notification No. 1444/14-1/2016-7(1) 12012, dated December 20, 2016, published in the Uttarakhand Gazette, Extraordinary, Part 1, dated 7th January, 2017, pp. 42-44 No. 1444/14-1/2016-7(1) 12012, dated December 20, 2016, published in the Uttarakhand Gazette, Extraordinary, Part 1, dated 7th January, 2017, pp. 42-44. - In exercise of the powers conferred by Article 128 of Uttarakhand Cooperative Societies Act, 2003 (Act No. 5 of 2003), the Governor is pleased to make the following rules with a view to further amend the Uttarakhand Cooperative Societies Rules, 2004. ### 1. Short title and commencement. (1) These rules may be called the Uttarakhand Cooperative Societies (Amendment) Rules, 2016. (2) It shall come into force at once. ### 2. Amendment in Rule 404. - In Rule 404(b) (1) of Uttarakhand Cooperative Societies Rules, 2004 (hereinafter referred to as principal rules), the following rule shall be substituted, namely - (b) In the case of Chairman, District Cooperative Bank/Urban Cooperative Banks, following facilities will be available: (1) Rs. 1500 per month for office and residencial telephone and facility to use official vehicle in the area of the society up to 1500 km. if the net annual profit is less than Rs. 50 lakhs. ### 3. Amendment in Rule 409. - In existing Rules 409(b) (1), 409(b)(3) and 409(b)(4) of principal rules, the following rule shall be substituted, namely - (b) The rate of daily allowance for the purpose of sub-rule (a) shall be subject to the following maximum limits: (1) in the case of an Apex Cooperative Society, Central/District Cooperative Bank/Urban Cooperative Bank and such other society, as the Registrar may, in view of its financial and business conditions and for reasons to be recorded, notify as at per with an Apex Society, Central/District Cooperative Bank/Urban Cooperative Bank, Rs. 400 per day, if the annual net profit is below Rs. One crore, 600 per day, if the annual net profit is between Rs. One crore to Three crore, Rs. 800 per day, if the annual net profit is between Rs. Three crore to Five crore, Rs. 1000 per day, if the annual net profit is above the Rs. Five crore: Provided that in case of an Apex Society the daily allowance for a day preceding of following the day of business shall also be admissible at the said rate: (3) in case of an agricultural primary cooperative Society, Rs. 200 per day: Provided that in case of loss, Rs. 100 per day; (4) in case of any other Cooperative Society, Rs. 200 per day: Provided that in case of loss, Rs. 100 per day.
65ba2cd2ab84c7eca86eac70	acts	State of Maharashtra - Act ---------------------------- Maharashtra Groundwater (Development and Management) Act, 2009 ---------------------------------------------------------------- MAHARASHTRA India Maharashtra Groundwater (Development and Management) Act, 2009 ================================================================ Act 26 of 2013 ---------------- * Published on 3 December 2013 * Commenced on 3 December 2013 Maharashtra Groundwater (Development and Management) Act, 2009 Maharashtra Act No. 26 of 2013 MH93 (First published, after having received the assent of the Hon'ble President in the "Maharashtra Government Gazette", on the 3rd December, 2013) An Act to further facilitate and ensure sustainable, equitable and adequate supply of groundwater of prescribed quality, for various category of users, through supply and demand management measures, protecting public drinking water sources and to establish the State Groundwater Authority and District Level Authorities to manage and to regulate, with community participation, the exploitation of groundwater within the State of Maharashtra; and matters connected therewith or incidental thereto. Whereas it is expedient to make a law to facilitate and ensure sustainable, equitable and adequate supply of groundwater of prescribed quality, for various category of users, through supply and demand management measures, protecting public drinking water sources and to establish the State Groundwater Authority and District Level Authorities to manage and to regulate, with community participation, the exploitation of groundwater within the State of Maharashtra; and matters connected therewith or incidental thereto; it is hereby enacted in the Sixtieth Year of the Republic of India as follows :- Chapter I Preliminary -------------------------- ### 1. Short title, extent and commencement. (1) This Act may be called the Maharashtra Groundwater (Development and Management) Act, 2009. (2) It extends to the whole of the State of Maharashtra. (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,- (i) "aquifer" means geological formation saturated with water below ground; (ii) "Area of Influence" means the entire area beneath which groundwater or pressure surface contours are modified by pumping, which includes the area of pumping depression and area of diversion; (iii) "artificial recharge to groundwater" means the process by which groundwater reservoir is augmented in excess of recharge under natural conditions of replenishment; (iv) "Deep-Well" means a machine-made pit or hole, usually vertical, that derives groundwater from the pores, weathered strata, interstices, fractures or joints of the rocks or soils that it penetrates, and includes a bore-well, tube-well of normally sixty metre or of more depth, which taps one or more aquifers; (v) "District Authority" means the Authority appointed under section 17; (vi) "District Watershed Management Committee" means the District Watershed Management Committee constituted under section 18; (vii) "drinking water purposes", in relation to the use of water, means consumption or use of water by human population for drinking and for other domestic purposes such as cooking, bathing, washing, cleaning and other day-to-day activities, and includes consumption of water for similar such relevant purposes for live-stock; (viii) "Empowered Committee" means the Empowered Committee specified under section 15; (ix) "Expert Bodies" means the Central or the State Government organizations, institutions or agencies and private sector and non-government organizations, accredited by the Central Government or the State Government or the State Authority, working in the groundwater sector; (x) "Government" or "State Government" means the Government of Maharashtra; (xi) "groundwater" means water existing in an aquifer below the surface of the ground in the zone of saturation which can be extracted through wells, borewells, tubewells or any other means or emerges as springs and base flow in streams and rivers; (xii) "Groundwater Surveys and Development Agency" means the Groundwater Surveys and Development Agency, under the Water Supply and Sanitation Department of the Government; (xiii) "hydrological year" means the year which starts from the 1st day of the month of June and ends on the 31st day of the month of May, every succeeding year; (xiv) "Integrated Watershed Development and Management Plan" means an Integrated Watershed Development and Management Plan prepared under subsection (2) of section 9; (xv) "non-notified areas" means areas other than the notified areas; (xvi) "notified areas" means areas included in over-exploited or critical or water quality affected watershed or aquifer or any such categorization as per the groundwater estimations carried out, based on the guidelines issued, from time to time, by the Central Government and State Government, which have been notified by the State Authority for regulation of extraction of groundwater after following the procedure indicated in section 4; (xvii) "Panchayat" means a Panchayat established or deemed to have been established under the Bombay Village Panchayats Act, 1958; (xviii) "Panchayat Samiti" means a Panchayat Samiti constituted under the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961; (xix) ''prescribed" means prescribed by the rules; (xx) "Public Drinking Water Source" means a source from which the State Government or a local authority or such other authority as the State Government may, by notification in the Official Gazette specify, provides water to the public and includes such well, borewell, tubewell or any other drinking water source as may be notified by the District Authority; (xxi) "Public Water Supply System" means the structure relating to a public drinking water source, including conveying pipelines, storage reservoir, stand posts, cisterns, hand pump, power pump and all other materials connected thereto, through which water is supplied for drinking water purposes; (xxii) "rain water harvesting" means the technique of collection and storage of rain water on surface or in sub-surface aquifer or other structures; (xxiii) "recharge worthy area" means area favourable for groundwater recharge and storage, as delineated by the Groundwater Surveys and Development Agency; (xxiv) "rules" means the rules made under this Act; (xxv) "sand mining" means the process of the actual removal or extraction of sand from the foreshore including rivers, streams, lakes, etc., and also the coastal areas; (xxvi) "sink" means, with all its grammatical variations and cognate expressions, in relation to a well, includes digging, drilling or boring of a new well or an existing well, deepening and modification of radials and galleries of the existing wells; (xxvii) "stakeholders of the area" means the authorities, corporate bodies and persons concerned with the planning, development, regulation and management of groundwater and uses thereof; (xxviii) "State Authority" means the State Ground Water Authority established under section 3; (xxix) "State Watershed Management Council" means the State Water Council constituted under section 16 of the Maharashtra Water Resources Regulatory Authority Act, 2005; (xxx) "Talathi" means revenue functionary at the level of village or group of villages; (xxxi) "urban local bodies" means a Council constituted under the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965, and a Municipal Corporation constituted under the Mumbai Municipal Corporation Act or the City of Nagpur Corporation Act, 1948 or the Bombay Provincial Municipal Corporations Act, 1949; (xxxii) "user of groundwater" means the person or persons or an institution including a company or an establishment, whether Government or non-Government, Water Users' Association, Groundwater Users' Association, Industrial Users' Association, co-operative society registered under the Maharashtra Co-operative Societies Act, 1960, Panchayat, Private Bulk Users, Public Registered Bodies, etc., or any other group of community, who or which extracts and uses or sells groundwater for any purpose including domestic, industrial or agricultural purposes; (xxxiii) "water scarcity area" means an area declared as such by the District Authority under section 25; (xxxiv) "watershed" means an area confined within the topographic water divide line, as identified and notified by the Groundwater Surveys and Development Agency, from time to time, having regard to the purposes of this Act; (xxxv) "watershed or aquifer based groundwater use plan" means the groundwater plan prepared by the Watershed Water Resources Committee or Panchayat, with the technical assistance of the Groundwater Surveys and Development Agency, which indicates the groundwater status or levels in the watershed or aquifer and includes the water account and water budget of both recharge and withdrawal of groundwater of the area during the hydrological year; (xxxvi) "Water Resources Act" means the Maharashtra Water Resources Regulatory Authority Act, 2005; (xxxvii) "Water User's Association" means a Water User's Association formed at minor level or above, which represents the users of irrigation water from that segment of any project, canal or natural flow or storage system; (xxxviii) "Watershed Water Resources Committee" means the Watershed Water Resources Committee constituted under section 29; (xxxix) "well" means a well sunk for the search or extraction of groundwater by a person or persons and includes open-well, dug-well, bore-well, dug-cumbore-well, tube-well, filter point, collector well, infiltration gallery, recharge well, disposal well or any of their combinations or variations, excluding the structures sunk by the authorised officials of the Central or the State Government for carrying out scientific investigations, exploration, augmentation, conservation, protection or management of groundwater. (2) Words and expressions used and not defined in this Act but defined in various irrigation or water resources or other related Acts in the State, in force shall have the same meanings as respectively assigned to them in those Acts. Chapter II State Groundwater Authority, Its Powers, Functions and Duties ----------------------------------------------------------------------------- ### 3. State Groundwater Authority. (1) The Maharashtra Water Resources Regulatory Authority established under section 3 of the Water Resources Act, shall be the State Groundwater Authority for the purposes of this Act, who shall exercise the powers conferred on and discharge such functions and duties as assigned to it, under this Act, in the manner as may be prescribed. (2) In addition to the five special invitees mentioned in clause (d) of sub-section (1) of section 4 of Water Resources Act, the State Authority shall invite the Director, Groundwater Survey and Development Agency and one expert from the field of groundwater and one woman representing the users of groundwater as may be specified by the Government and on such terms and conditions as may be prescribed for assisting the State Authority in taking policy decisions. ### 4. Powers to notify areas to regulate the development and management of groundwater. (1) The State Authority, after receiving recommendations from the Groundwater Surveys and Development Agency and views of various institutions working in the groundwater field including the Central Groundwater Authority, based on scientific groundwater quality studies and estimation and after ascertaining the views of the users of groundwater of the area, is of the opinion that it is necessary or expedient in the public interest to regulate the extraction or the use of groundwater or both in any form in a watershed or aquifer area, shall declare such area to be a notified area, by notification in the Official Gazette, for the purposes of this Act, with effect from such date as may be specified therein. (2) On notifying an area under sub-section (1), the State Authority shall establish the Watershed Water Resources Committee under section 29 of this Act, with the objective of promoting and regulating the development and management of groundwater in the notified area. ### 5. Powers to de-notify areas. - If in the opinion of the State Authority, the availability and quality of groundwater has improved in the notified area, it shall, after consultation with the Groundwater Surveys and Development Agency and after obtaining the views of expert bodies, including the Central Groundwater Authority, de-notify such area by notification in the Official Gazette. ### 6. Protection of water quality. (1) No user of groundwater shall do anything or release any effluent that contaminates the groundwater either temporarily or permanently. (2) The State Authority shall take such measures as may be necessary for the protection and preservation of water quality of drinking water source within the notified and non-notified areas in the State, in consultation with the Groundwater Surveys and Development Agency and District Authority. (3) The State Authority shall take such necessary measures as may be prescribed for the protection and preservation of groundwater quality of all the existing drinking water sources in the State, including the measures for protecting the drinking water sources and recharge worthy areas. (4) The funds required for implementing such measures shall be made available to the State Authority by the State Government. (5) The State Authority shall refrain the polluters of the groundwater, including the rural or urban local bodies, from polluting the groundwater sources and take such measures, as may be prescribed, to restore the quality of water to the prescribed standards, at the cost of the polluter. ### 7. Registration of well owners in the State. - The State Authority shall ensure the registration of all the owners of wells both in notified and non-notified areas of the State, in the manner as may be prescribed. ### 8. Prohibition of drilling of deep-wells, withdrawal of groundwater from existing deep-well and provision for levy of cess. (1) The State Authority shall prohibit the drilling of deep-wells within the notified and non-notified area, for agriculture or, industrial usage : Provided that, the State Authority may, after recording the reasons in writing and in the prescribed manner grant specific permission to any person or user of groundwater to drill any deep well within the notified or non-notified area, for drinking water purposes. (2) The State Authority shall regulate, including total ban on, the construction of wells, other than deep-wells, for any purpose within the notified areas. (3) On the advice of the State Authority, the State Government shall give such guidelines to the concerned Authority to levy such cess as may be prescribed, on the use of existing deep-wells in the non-notified areas: Provided that, the proceeds of cess levied shall be forwarded by the concerned Authority to the Panchayat or the urban local body, as the case may be, and the same shall be used for implementing groundwater conservation programme. (4) The State Authority shall direct the District Authority to exercise a total prohibition on pumping of groundwater from the existing deep-wells at a depth of sixty metres or more, in the notified area. The users of deep-wells in the notified area shall follow the Groundwater Use Plan and Crop Plan prepared under section 10. The State Government shall levy appropriate cess from such users till such time these plans are notified. The District Authority shall ensure the implementation in the manner as may be prescribed. (5) No person or user of groundwater shall indulge in sale of the groundwater, within the notified area, without the prior permission of the District Authority obtained in the manner as may be prescribed. ### 9. Rain water harvesting for artificial recharge of groundwater. (1) The State Authority shall identify the recharge worthy areas in the State, in consultation with the Groundwater Surveys and Development Agency and the Central Groundwater Board and issue necessary guidelines for rain water harvesting to recharge groundwater. (2) The State Authority shall direct the District Watershed Management Committee, in consultation with the Watershed Water Resources Committee, Panchayat and the Groundwater Surveys and Development Agency, to prepare an Integrated Watershed Development and Management Plan for artificial recharge of groundwater on priority for the notified areas and subsequently for the non-notified areas. This plan shall be a part of the sub-basin and basin-wise water plan of the State. (3) The State Government and the State Authority shall ensure the implementation of the Integrated Watershed Development and Management Plan in consultation with the Watershed Water Resources Committee and Panchayats. The State Government shall implement the Integrated Watershed Development and Management Plan for the artificial recharge of groundwater within the notified areas on priority. The District Watershed Management Committee, constituted under this Act, shall monitor the implementation of the plan in the manner as may be prescribed. (4) The funds required for implementing such measures shall be made available to the State Authority by the State Government. (5) The State Authority shall also ensure the engagement of the stakeholders in watershed development and management to facilitate groundwater recharge through community participation. (6) The State Authority shall issue guidelines to dis-incentivise the groundwater users for taking water intensive crops, in the manner as may be prescribed. (7) In urban areas falling in notified areas, the State Authority shall issue directives to the concerned authorities or urban local bodies for ensuring construction of appropriate rain water harvesting structures in favourable or technically suitable residential, commercial, industrial and other premises having an area of one hundred square metres or more within the stipulated period failing which the urban local bodies may get such rain water harvesting structure constructed and recover the cost incurred along with a penalty from the occupants, in the prescribed manner. (8) Notwithstanding anything contained in the relevant laws, the urban local bodies or any other local authority, as the case may be, may impose necessary conditions for providing rooftop rain water harvesting structures in the building plan in the area of one hundred square metres or more, before .according approval for construction and permanent water and electricity connections shall be extended only after compliance of the directions given in this regard, in the manner as may be prescribed. (9) The State Authority itself or through other agencies shall take steps for promotion of Mass Awareness and Training Programme for Watershed Water Resources Committee and stakeholders on rain water harvesting and artificial recharge to groundwater through Government Agencies, Non-Government Organisations, Volunteer Organisations, educational institutions, Industries or individuals. (10) The State Authority may encourage or incentivize the best practices, innovative activities implemented by the Watershed Water Resources Committee, village, local community or Non-Government Organisations, by giving some incentives through State Government in the manner as may be prescribed. ### 10. Groundwater Use Plan and Crop Plan. (1) On the advice of the State Authority, the State Government shall give directives to the concerned Government authorities to prepare a prospective Crop Plan based on the Groundwater Use Plan in the notified area, in consultation with the District Authority, the Watershed Water Resources Committee and Panchayat, in the manner as may be prescribed. This plan shall be binding on all the stakeholders and non- observance of the plan shall be deemed to be a cognizable offence under this Act. (2) The State Government, on the advice of the State Authority, shall direct the concerned Government authorities to create necessary infrastructure and linkages for water efficient crops. (3) The State Authority, based on the recommendations of the Watershed Water Resources Committee and the Groundwater Surveys and Development Agency and the watershed or aquifer-wise Groundwater Use Plan and Crop Plan, may declare a total prohibition on the water intensive crops in the notified areas: Provided that, any groundwater user in such area may approach the Watershed Water Resources Committee for permitting cultivation of such water intensive crops in the manner as may be prescribed. The Watershed Water Resources Committee upon receiving a request for permitting cultivation of such water intensive crops by any groundwater user in such area, may consider the request for cultivation of such crops on the condition that the applicant would minimize the usage of groundwater in the cultivation of such crops and also take such water conservation measures at his own cost to maintain the water budget of the village. ### 11. Guidelines for preventive measures. - The State Authority in consultation with the Groundwater Surveys and Development Agency, shall issue necessary guidelines to the concerned Government authorities regarding implementation of watershed and aquifer based Groundwater Use Plan in non-notified areas. The State Authority shall give preference to the areas having possibility of becoming critical or polluted and also give directives to encourage the farmers in the non-notified areas for adopting suitable cropping pattern as per the availability of water resources and watershed-wise Groundwater Use Plan. ### 12. Registration of drilling agencies. - The State Authority shall monitor compulsory registration of drilling rig owners and operators in the State, with the Groundwater Surveys and Development Agency on such terms and conditions and in the manner as may be prescribed. ### 13. Safety measures for well. - The State Authority shall issue guidelines to the concerned Government authorities to take appropriate precautionary measures for the safety of wells. The Panchayat and the urban local bodies in the area shall monitor it. ### 14. Delegation of powers and duties of the State Authority. - The State Authority may, by general or special order in writing, direct that all or any of the powers or duties which may be exercised or discharged by it under the Act shall, in such circumstances and under such conditions, if any, as may be specified in the order issued in this behalf by the State Authority, be exercised or discharged by any employee of the State Authority, the District Authority, the Watershed Water Resources Committee or the Groundwater Surveys and Development Agency. ### 15. Empowered Committee. (1) The State Water Board constituted under section 15 of the Water Resources Act shall be the Empowered Committee for the purposes of this Act. (2) The Empowered Committee shall integrate the Integrated Watershed Development and Management Plan for the entire State and shall submit it to the State Watershed Management Council for its approval. This plan shall be a part of the Integrated Watershed Development and Management Plan. ### 16. State Watershed Management Council. (1) The State Government shall, by notification in the Official Gazette, assign the responsibility of the State Watershed Management Council to the State Water Council constituted under section 16 of the Water Resources Act. (2) The State Water Council and State Watershed Management Council shall approve the Integrated Watershed Development and Management Plan for the entire State and shall ensure its integration with the State Water Plan. Chapter III District Authority, Its Powers, Functions and Duties --------------------------------------------------------------------- ### 17. District Authority. - The State Government shall, by notification in the Official Gazette, designate any officer not below the rank of Tahsildar, to be the District Authority for such area as may be specified in the notification for the purposes of this Act. ### 18. Constitution of District Watershed Management Committee. (1) The State Government snail, by notification in the Official Gazette, constitute a District Committee to be known as the District Watershed Management Committee for the purposes of this Act. (2) The District Watershed Management Committee shall consist of the Guardian Minister of the District as Chairperson and one member of the State Legislature from the concerned area including such other members as may be prescribed, to be nominated by the State Government. The Collector shall be the Member-Secretary of the District Watershed Management Committee. (3) The decisions of the District Watershed Management Committee, shall be implemented by the District Authority, in the manner as may be prescribed. ### 19. Preparation of Integrated Watershed Development and Management Plan. - The District Watershed Management Committee shall prepare Integrated Watershed Development and Management Plan for artificial recharge of the groundwater in consultation with the Groundwater Surveys and Development Agency, the Watershed Water Resources Committee and Panchayat, for the notified areas on priority and for non-notified areas subsequently, in the manner as may be prescribed. ### 20. Power to notify Public Drinking Water Source. - The District Authority shall, by order, notify the Public Drinking Water Source. ### 21. Notification of area of influence and prohibition of construction of Wells within certain limits. (1) After the Public Drinking Water Source is notified under section 20, no person shall sink any Well for any purpose within a distance of five hundred metres of such Public Drinking Water Sources. The District Authority shall also define and notify the area of influence around the Public Drinking Water Source, based on the date provided by the Groundwater Surveys and Development Agency. Upon such area of influence being notified, no person shall sink any Well for any purpose, in such area of influence: Provided that, the provisions of this section shall not apply to the sinking of a Well on behalf of the State Government or a local authority for being used as a Public Drinking Water Source. (2) Sinking of any Well in contravention of the provisions of sub-section (1) shall ensue closure or confiscation of such well by the District Authority. No compensation or damages shall be payable for any closure or confiscation under this sub-section and any such closure or confiscation shall be without prejudice to any of the provisions of section 52. ### 22. Prohibition of extraction of water from existing well for a certain period. - If, any existing well, within the area of influence, in the notified and non-notified areas or in the notified area other than an area of influence, is found to be adversely affecting any Public Drinking Water Source, the District Authority may, after ascertaining the views of the Watershed Water Resources Committee and Panchayat, and on the technical advice of the Groundwater Surveys and Development Agency, notwithstanding anything contained in any other law for the time being in force having regard to the quantum and pattern of rainfall and any other relevant factors, and after giving its owner a reasonable opportunity of being heard, by an order, prohibit the extraction of water from such well for a reasonable period, in the manner as may be prescribed. ### 23. Protection of drinking water sources against contamination. - No person shall do anything which shall contaminate the drinking water source of ground water. The District Authority shall take necessary action for preservation of quality of groundwater of the drinking water source and shall regulate extraction of groundwater in villages, in the manner as may be prescribed, where drinking water sources are getting contaminated by any means. ### 24. District Authority to be assisted by Panchayat. - The District Authority shall be assisted by Panchayat in sustainable management of drinking water sources and protection of drinking water sources during water scarcity, under this Act. Chapter IV Declaration of Water Scarcity Area and Protection of Drinking Water Sources During Water Scarcity ----------------------------------------------------------------------------------------------------------------- ### 25. Declaration of water scarcity area. - If, at any time during the course of monsoon or thereafter; the District Authority, Panchayat or Panchayat Samiti based on the advise of the Groundwater Surveys and Development Agency, suo-motu or on the request of the Watershed Water Resources Committee or Panchayat, having regard to the quantum and pattern of rainfall and water level data in watershed area, or any other relevant factor, is of the view that the availability of the drinking water from the Public Drinking Water Source in that watershed area of the district is likely to be less than the requirement of the livestock and human being population of that area as pre-demand of Panchayat and Panchayat Samiti, it may, by order, declare such area to be a water scarcity area for such period, as may be specified in the order, but not exceeding one hydrological year at a time. ### 26. Regulation of extraction of water from wells in water scarcity area. - On declaration of water scarcity area under section 25, the District Authority may, for the duration of such water scarcity period, by order; regulate the extraction of groundwater from any well, including the temporary closure of such well, in that area, within the Area of Influence or within a distance of one kilometer of the Public Drinking Water Source, whichever is more, in the manner as may be prescribed. ### 27. Payment of Compensation. - Where an order of temporary closing down is made under section 26, the District Authority may, in consultation with the concerned department of the State Government, on making such inquiry and requiring the owner to produce such evidence as it may deem necessary, make an order of payment of compensation after considering the market value of fruits and trees standing orchard at the time of order, which shall not be less than the market value thereof, in the manner as may be prescribed. ### 28. Powers of District Authority to enquire or implement or enforce the decisions of Watershed Water Resources Committee. (1) The District Authority shall enforce the decisions of the Watershed Water Resources Committee. Whenever it is necessary to make an inquiry or to implement or enforce any decisions under this Act, in connection with the protection of a Public Drinking Water Source or with the maintenance of a public water-supply system, the District Authority or any officer duly authorized by it in this behalf, may, after giving prior notice to the owner or occupier of any land,- (a) undertake surveys or take levels thereon; (b) conduct pumping tests and geophysical surveys; (c) install and maintain water level recorder and water gauges on the well; (d) enter any property including Government owned, with the right to investigate and make any measurements concerning the land or the water located on the surface or underground; (e) inspect the well, which has been or is being sunk with or without the permission of the Watershed Water Resources Committee and the soils and other materials excavated therefrom and to take specimens of such soils or other materials or of water extracted from such wells for testing the quality and contamination; (f) by order, in writing, require the person sinking a well to keep and preserve, in the prescribed manner, the specimens of soils or any material excavated therefrom for such period not exceeding three months from the date of completion or abandonment of the work as may be specified by the District Authority and such person shall comply with such requisition; (g) inspect and take copies of the relevant records or documents and conduct inquiry for obtaining any information required for carrying out the purposes of this Act; (h) order the user of groundwater to install at the expenses of District Authority such measuring device on any groundwater abstraction structures and monitor the quantity pumped; (i) seize any equipment or device utilised for illegal sinking or construction and demolish the illegal work executed; (j) direct any user of groundwater who does not comply with the provisions of this Act and rules framed thereunder to close down the extraction of groundwater, disconnection of its power supply and seal any hydraulic work found to be illegal according to the provisions of this Act and the rules framed thereunder; (k) enter and search with such assistance, if any, as it considers necessary, any place in which it has reason to believe that the offence under this Act has been or is being committed; and within thirty days thereof, issue the order, in writing to the person who has committed or is committing the offence, not to extract or use the groundwater for a specified period; (l) break open the door of any premises where sinking, extraction and use and pollution of groundwater may be going on, which is detrimental to sustainable groundwater development, after informing the person, in case the person refuse to open the door on being called to do so; (m) do all such other things as may be necessary for the prosecution of such inquiry and examination and implementation as per the provisions of this Act. (2) The provisions of the Code of Criminal Procedure, 1973 shall apply to any search or seizure under this section a-. they apply to any search or seizure made under the authority of a warrant issued under section 93 of the said Code. (3) Where the District Authority seizes any mechanical equipment or device under clause (i) of sub-section (1), it shall, as soon as may be, report the same to the Magistrate and take his orders as to the custody thereof. Chapter V Watershed Water Resources Committee, Its Powers, Functions and Duties ------------------------------------------------------------------------------------ ### 29. Establishment, constitution and incorporation of the Watershed Water Resources Committee. (1) The State Authority shall constitute a Watershed Water Resources Committee for the notified area comprising of area of more than eleven villages in the manner as may be prescribed to perform the functions and duties assigned to it under this Act. (2) The Watershed Water Resources Committee shall consist of the following members, namely :- \| \| \| \| \| --- \| --- \| --- \| \| (a) \| Chairman of the concerned Panchayat Samiti \| ex-officioChairperson; \| \| (b) \| one representative each from every Panchayat and urban local bodies within the notified area who shall be member of Village Water and Sanitation Committee or Watershed Development Technical Committee or any other person having knowledge and experience in water conservation related field or in land use planning and water conservation \| Members; \| \| (c) \| one representative not below the rank of Deputy Engineer each from the Water Supply and Sanitation Department, the Water Resources Department, the Agriculture, Animal Husbandry, Dairy Development and Fisheries Department, the Ground Water Surveys and Development Agency \| Members; \| \| (d) \| one representative each from every Water Users' Association in the notified area \| Members; \| \| (e) \| elected members of the concernedPanchayat SamitiandZilla Parishad \| ex-officiomembers \| \| (f) \| one representative of Non-Government Organisation or Volunteer Organisation working on water conservation, within the notified area \| Member-invitee; \| \| (g) \| representative of concerned Water User's Association, if a part of the command area of an Irrigation Project is included in the notified area \| Members; \| \| (h) \| Block Development Officer \| ex-officioMember-Secretary \| (3) Atleast one third of the members of the Watershed Water Resources Committee shall be women. (4) The term of office of members of the Watershed Water Resources Committee shall be such as may be prescribed. (5) Every member shall be paid (not being a member representing the State Government) travelling and daily allowances for attending meetings of the Watershed Water Resources Committee at such rates as may be prescribed. (6) The Watershed Water Resources Committee shall meet once in each quarter of the year and as and when required at the time of emergency. The procedure to be followed at the meetings of the Watershed Water Resources Committee and all matters supplementary or ancillary thereto shall be such as may be prescribed. Tahsildar shall be a convener of the metting of the Watershed Water Resources Committee: Provided that, if there are less than eleven villages within the notified area, then the State Authority shall entrust the functions of such Watershed Water Resources Committee to the concerned Panchayat or urban local body. ### 30. Groundwater management for existing users of groundwater. (1) The Watershed Water Resources Committee shall, with the technical support of the Groundwater Surveys and Development Agency, prepare a watershed or aquifer based groundwater use plan and the District Authority shall notify it, in the manner as may be prescribed. (2) Based on the rainfall and groundwater level of the hydrological year, the Watershed Water Resources Committee shall update the watershed or aquifer based groundwater use plan every year and shall monitor the withdrawal of the groundwater accordingly and also safeguard the sustainability of Public Drinking Water Sources. The Watershed Water Resources Committee shall recommend to the District Authority, the steps to be taken for regulation of groundwater. It shall recommend measures to the State Government, Panchayat, Panchayat Samiti, or urban local body to augment the groundwater resources in the area. (3) The Watershed Water Resources Committee shall also pursue, with the State Government, the implementation of the Integrated Watershed Development and Management Plan. (4) The Watershed Water Resources Committee shall also as certain the existing users of groundwater and owners of wells, the implementation of individual measures for artificial recharge of groundwater, in the manner as may be prescribed. (5) The Watershed Water Resources Committee shall specify the cropping pattern for the area based on the water budget and a plan for the required withdrawal of groundwater, from the existing wells, for different usages like domestic, agriculture, industry or any other use, based on the Groundwater Use Plan, in the manner as may be prescribed. ### 31. Prohibit or limit use of chemical fertilizers or pesticides, etc. (1) The Watershed Water Resources Committee shall recommend to the District Authority to control the use of chemical fertilizers or pesticides, to regulate the disposal, burial or injection of waste, industrial effluent and to protect the quality of groundwater. (2) On such recommendation the District Authority, after ascertaining the facts, shall take necessary measures with the help of the concerned Government Authorities, Panchayat, Panchayat Samiti or urban local body. ### 32. Construction of new well in the notified area. (1) No person shall sink a well in the notified area without the prior permission of the Watershed Water Resources Committee. Such person shall apply to the Watershed Water Resources Committee in the manner and in such form, as may be prescribed. (2) On receipt of an application under sub-section (1), the Watershed Water Resources Committee shall refer it to the Groundwater Surveys and Development Agency for recommendations and based on the recommendation of the Groundwater Surveys and Development Agency, decide to grant or refuse the permission: Provided that, no permission shall be refused unless an opportunity of being heard is given to the applicant. (3) The decision regarding the grant or refusal of the permission shall be intimated by the Watershed Water Resources Committee to the applicant within a period of forty-five days from the receipt of the application. (4) The permission for sinking of well shall be subject to condition of construction of artificial recharge structure of appropriate size by the applicant within the specified period, as may be prescribed. ### 33. Promotion of community participation. - The Watershed Water Resources Committee shall be responsible for the community participation, as per the guidelines of the District Authority, with the objective of equitable and sustainable development, protection, conservation, regulation and management of groundwater resources in the notified area, in the manner as may be prescribed. The Watershed Water Resources Committee shall be responsible for the concept of community ownership of the groundwater, the concept of protection of the rights of the small and marginal farmers, restrictions being laid down for surveys of a groundwater and withdrawal of groundwater and prevention of over-drawal of groundwater. ### 34. Implementation of decisions and plans of Watershed Water Resources Committee. - The decisions of the Watershed Water Resources Committee which are regulatory in nature shall be executed by the District Authority. The Watershed Water Resources Committee may get its plans implemented in co-ordination with the Panchayat, Panchayat Samiti or urban local bodies or the authorities, in the manner as may be prescribed. For the purpose of implementation of plans of the Watershed Water Resources Committee or enforcement of its decisions, the Panchayat, Panchayat Samiti or urban local bodies or the authorities shall have the powers of the District Authority under clauses (a) to (h) of sub-section (1) of section 28. ### 35. Regulation or prohibition of sand mining. - Notwithstanding anything contained in any other law, the Watershed Water Resources Committee shall, in consultation with the expert bodies and the Groundwater Surveys and Development Agency, recommend the District Authority to regulate or prohibit sand mining in the notified area, in the manner as may be prescribed. ### 36. Financial resources for Watershed Water Resources Committee. (1) The funds required for implementing such measures shall be made available to the Watershed Water Resources Committee by the State Government. (2) The Watershed Water Resources Committee may charge application fee and collect service charges from users of groundwater at the rates specified by the State Authority, and shall utilise it in the manner as may be prescribed. ### 37. Transparency in working of Watershed Water Resources Committee. - The Watershed Water Resources Committee shall publish its report in the manner as may be prescribed and submit the report to Gram Sabha and to such other bodies, as may be prescribed. Chapter VI Accounts and Audit ---------------------------------- ### 38. Grants and Advances to Watershed Water Resources Committee. - The State Government may, after appropriation duly made by the State Legislature, by law in this behalf, make such grants and advances to the Groundwater Surveys and Development Agency, which shall make it available to Watershed Water Resources Committee, as it may deem necessary for the performance of its functions and discharge of its duties under this Act, and all grants and advances made shall be on such terms and conditions as the State Government may determine. ### 39. Budget of Watershed Water Resources Committee. - The Groundwater Surveys and Development Agency shall prepare in such form and at such time in each financial year as may be prescribed, budget for the Watershed Water Resources Committee for the next financial year, showing the estimated receipts and expenditure of the Watershed Water Resources Committee and forward the same to the Government. ### 40. Accounts of Watershed Water Resources Committee. (1) The Groundwater Surveys and Development Agency shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed by the Government in consultation with the Accountant General. (2) The accounts of the Watershed Water Resources Committee shall be audited by the Accountant General at such intervals as may be specified by him or at the time of audit of Groundwater Surveys and Development Agency and an expenditure incurred in connection with such audit shalt be payable by the Watershed Water Resources Committee to the Accountant General. Chapter VII Groundwater Surveys and Development Agency, Its Powers, Functions and Duties --------------------------------------------------------------------------------------------- ### 41. Identification, delineation and declaration of basic watershed or aquifer. - The Groundwater Surveys and Development Agency shall identify, delineate and declare the basic watershed or aquifer in the State, alongwith the boundaries thereof, for the purposes of this Act. ### 42. Delineation of area of influence. - The Groundwater Surveys and Development Agency shall carryout, on priority, the delineation of Area of Influence of the notified Public Drinking Water Sources. ### 43. Watershed or aquifer based groundwater use plan. - The Groundwater Surveys and Development Agency shall assist the Watershed Water Resources Committee and Panchayat in preparation of watershed or aquifer based groundwater use plan in the manner as may be prescribed. ### 44. Assistance in preparation of Integrated Watershed Development and Management Plan. - The Groundwater Surveys and Development Agency shall assist the District Watershed Management Committee in the preparation of the Integrated Watershed Development and Management Plan for the artificial recharge of groundwater. ### 45. Technical survey and supporting work. (1) The Groundwater Surveys and Development Agency shall carry out the necessary hydro-geological studies and supporting work, as entrusted by the State Authority, the District Authority, the Watershed Water Resources Committee, Panchayat, Panchayat Samiti or urban local bodies in the manner as may be prescribed. (2) The Groundwater Surveys and Development Agency shall carry out any other functions and duties entrusted to it under the provisions of this Act or rules made thereunder. ### 46. Groundwater Surveys and Development Agency to advise Panchayat, Panchayat Samiti and urban local bodies in the non-notified areas. - The Groundwater Surveys and Development Agency shall render technical advise to the Panchayat, Panchayat Samiti and urban local bodies in the non-notified areas to monitor and encourage the individual measures of artificial groundwater recharge for existing well to protect the Safe Watershed Status of the area and to permit any person or a user of groundwater to drill borewell or tubewell up to sixty metres in non-notified area: Provided that, for this purpose the Panchayat, Panchayat Samiti and urban local bodies shall prepare and maintain the water account and water budget of the area, plan and execute watershed or aquifer based groundwater recharge and groundwater use plan, in the manner as may be prescribed and while deciding applications for permission to drill such borewells and tubewells, it shall take into consideration the groundwater use plan and technical advise of the Groundwater Surveys and Development Agency: Provided further that, any permission for sinking a well in non- notified area shall be subject to the condition of construction of artificial recharge structure of appropriate size within the specified period, as may be prescribed. Chapter VIII Miscellaneous ------------------------------- ### 47. Service of order. - Every order under this Act shall be served, in the manner as may be prescribed. ### 48. Directions by Government. (1) The Government may issue to the State Authority, such general or special directions in writing in the matters of policy involving public interest and the State Authority shall be bound to follow and act upon such directions. (2) If any question arises as to whether any such direction relates to a matter of policy involving public interest, the decision of the Government thereon shall be final. ### 49. Members and employees of State Authority and Watershed Water Resources Committee to be public servants. - Every member of the State Authority, the District Authority and every officer or employee of such Authorities and the Watershed Water Resources Committee acting under or in pursuance of the provisions of this Act or rules made thereunder; or order or notification issued thereunder shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code. ### 50. Protection of action taken in good faith. - No suit, prosecution or other legal proceedings shall lie against the Government or the State Authority or the District Authority or the Watershed Water Resources Committee or Panchayat, Panchayat Samiti or urban local bodies or the Groundwater Surveys and Development Agency or any member, officer or employee thereof for anything done or purported to have been done in good faith in pursuance of the provisions of this Act or rules or orders made thereunder. ### 51. Bar to claim compensation. - Subject to the provisions of section 27, no person shall be entitled to claim any damages or compensation from the Government for any loss sustained by him by virtue of any action taken under this Act. ### 52. Offences and penalties. - Whoever contravenes or fails to comply with any of the provisions of this Act or any rules made thereunder or obstructs the State Authority, the District Authority, the Watershed Water Resources Committee, Panchayat, Panchayat Samiti and urban local body, the Groundwater Surveys and Development Agency and any person authorised to exercise any of the powers under this Act, shall on conviction be punished,- (i) for the first offence, with fine which may extend to rupees ten thousand; and (ii) for the subsequent offence, with imprisonment for a term which may extend to six months, or with fine which may extend to rupees twenty-five thousand or with both. ### 53. Offences by companies. (1) Where an offence under this Act has been committed by a company, every person who at the time, when the offence was committed, was in charge of, and was responsible to the company, for the conduct of the business of the company as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly Provided that, nothing contained in this sub-section shall render any such person liable to any punishment under this Act, if he proves that 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 an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation.-For the purpose of this section,- (i) "company" means any body corporate and includes a firm, association of persons or body of individuals whether incorporated or not; (ii) "Director", in relation to a firm, means a partner in the firm, and in relation to any association of persons or body of individuals, means any member controlling the affairs thereof. ### 54. Compounding of offences. (1) Any contravention under this Act may, either before or after institution of proceedings for any offence punishable under this Act, may be compounded by the District Authority, on accepting from any person charged with such offence by way of composition of the offences, such sum not more than the amount of maximum fine specified in section 52, to which he is liable on conviction for such offence. (2) On compounding of offence by way of composition under sub-section (1), no further proceeding shall be taken or continued against the person concerned in respect of such offence and if any proceedings in respect of that offence have already been instituted against him in any court, the same shall abate. ### 55. Cognisance and trial of offences. (1) No prosecution for an offence under this Act shall be instituted except by or with the written consent of the District Authority, by general or special order. (2) No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the First Class shall try any offence under this Act. (3) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, offences punishable under this Act and rules made thereunder shall be cognizable. ### 56. Appeals. (1) Any person aggrieved by a decision, order made, action taken by the Watershed Water Resources Committee, Panchayat, Panchayat Samiti or urban local bodies under this Act may, within a period of sixty days from the date on which the action is taken or the decision or order is communicated to him and on payment of such fees as may be prescribed, prefer such an appeal to the District Authority : Provided that, the District Authority may entertain an appeal after the expiry of the said period of sixty days, if it is satisfied that the applicant was prevented by sufficient cause from filing the appeal within time. (2) If the aggrieved person is not satisfied with the decision of the District Authority under sub-section (1), within a period of sixty days from the date on which the decision is communicated to him and on payment of such fees as may be prescribed, prefer an appeal against the order of the District Authority to the State Authority and the decision of the State Authority shall be final. (3) On receipt of an appeal under sub-section (1) or (2), the District Authority or the State Authority shall, as the case may be, after giving the applicant an opportunity of being heard, dispose of the appeal as expeditiously as possible. ### 57. Power of Government to make Rules. (1) The State Government may, by notification in the Official Gazette, and subject to the condition of previous publication, 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 rule or both Houses agree that the rule should not be made, and notify their decision to that effect in the Official Gazette, the rule shall, from the date of publication of such decision in the Official Gazette, 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 or omitted to be done under that rule. ### 58. Power to remove difficulties. (1) If any difficulty arises in giving effect to the provisions of this Act, the Government may, as occasion arises, by an order, published in the Official Gazette, do anything, not inconsistent with the provisions of this Act, which 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 a period of two years from the date 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 each House of the State Legislature. ### 59. Repeal and saving. (1) The Maharashtra Groundwater (Regulation for Drinking Water Purposes) Act, 1993 is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under or in pursuance of the said Act before such repeal, shall continue to have effect in relation thereto and section 7 of the Bombay General Clauses Act, 1904, shall apply with respect to the repeal of the said Act.
65b9c444ab84c7eca86e9ea7	acts	State of Madhya Pradesh - Act ------------------------------- The M.P. Government Servants (Temporary and Quasi-Permanent Service) Rules, 1960 ---------------------------------------------------------------------------------- MADHYA PRADESH India The M.P. Government Servants (Temporary and Quasi-Permanent Service) Rules, 1960 ================================================================================== Rule THE-M-P-GOVERNMENT-SERVANTS-TEMPORARY-AND-QUASI-PERMANENT-SERVICE-RULES-1960 of 1960 ------------------------------------------------------------------------------------------- * Published on 11 January 1974 * Commenced on 11 January 1974 The M.P. Government Servants (Temporary and Quasi-Permanent Service) Rules, 1960 ### 1. (1) These rules may be called the Madhya Pradesh Government Servants (Temporary and Quasi-Permanent Service) Rules, 1960. (2) Subject to the provisions of sub-rule (3), these rules shall apply to all persons who hold a civil post under the State Government, but who do not hold a lien on any post under the Government of this State, the Government of India or any other State Government. (3) Nothing in these rules shall apply to :- (a) Government servants engaged on contract; (b) Government servants not in whole time employment; (c) Government servants paid out of contingencies; (d) persons employed in work-charged establishments; and (e) such other categories of Government servants as may be specified by the State Government by notification in the Gazette. ### 2. In these rules, unless there is anything repugnant in the subject or context- (a) "Allocated Government servant" means a person allotted or deemed to be allotted for service in the State of Madhya Pradesh under the provisions of Section 115 of the State Re-organisation Act, 1956; (b) [ "Quasi-Permanent Service" means temporary service commenced from such date as may be specified in that behalf in the declaration issued under Rule 3 or from the date from which the Government servant concerned is deemed to be in quasi-permanent service under Rule 3-A and consisting of periods of duty and leave (other than extraordinary leave) after that date;] [Substituted by Notification dated 22-12-1975.] (c) [ "Specified post" means a particular post, or the particular grade or posts within a cadre, in respect of which a Government servant is declared to be in quasi-permanent service under Rule 3 or deemed to be in quasi-permanent service under Rule 3-A.] [Substituted by M.P. Rajpatra (Asadharan) , dated 22-12-1975.] (d) "Temporary service" means officiating or substantive service in a temporary post, and officiating service in a permanent post, under State Government and also includes the period of leave with allowance taken while on temporary service and complete years of approved war-service, which have been counted for fixation of pay and seniority. ### 3. A Government servant shall be deemed to be in quasi-permanent service:- (i) if he has been in temporary service in the same service or post continuously for more than three years; and (ii) if the appointing authority being satisfied as to his suitability in respect of age, qualifications, work and character for employment in a quasi-permanent capacity, has issued a declaration to that effect, in accordance with such instructions as the Governor may issue from time to time. [x x x] [Omitted by M.P. Rajpatra (Asadharan) , dated 22-12-1975.] [Explanation. - In computing continuous temporary service for the purposes of this rule and period of break in service during a vacation shall be counted as a period of actual service where, upon re-employment immediately after the vacation, the Government servant has been allowed to draw his pay and allowances in respect of such period.] [Substituted by M.P. Rajpatra (Asadharan) , dated 22-12-1975.] ### 3A. [ [Inserted by M.P. Rajpatra (Asadharan) , dated 22-12-1975.] Government servant in respect of whom a declaration under Clause (ii) of Rule 3 has not been issued but has been in temporary service continuously for five years in a service or post in respect of which such declaration could be made shall be deemed to be in quasi-permanent service unless for reasons to be recorded in writing the appointing authority otherwise orders. ### 3AA. For the purpose of Rules 3 and 3-A, in the case of an appointment:- (a) where consultation with the Public Service Commission is not required, a service which a Government servant has rendered prior to his temporary appointment according to the provisions of the recruitment rules or any instructions issued by the Governor from time to time, shall not be counted for reckoning the completed three years or five years of service, as the case may be; (b) where Consultation with the Public Service Commission is required, a service which a Government servant has rendered prior to his selection by the Public Service Commission shall not be counted for reckoning the completed three years or five years of service, as the case may be.] ### 4. (1) A declaration issued under Rule 3 shall specify the particular post or the particular grade of posts within a cadre, in respect of which it is issued and the date from which it takes effect. (2) Where recruitment to a specified post is required to be made in consultation with the Public Service Commission, Madhya Pradesh, no such declaration shall be issued, except after consultation with the Commission : [Provided that where according to any rules the appointments or promotions were required to be made in consultation with the Commission and where such consultation has been made, no further consultation with the Commission shall be necessary at the time of declaring the Government servant as quasi-permanent:] [Inserted by M.P. Rajpatra, Part IV (Ga) , dated 25-1-1974.] [Provided further that where an appointment requiring consultation with the Public Service Commission was made without such consultation in such case before a Government servant is declared to be in quasi-permanent service consultation with the Public Service Commission shall be necessary.] [Substituted by M.P. Rajpatra (Asadharan) , dated 22-12-1975.] ### 5. Notwithstanding anything contained in Rules 3 and 4, a declaration under Rule 3 shall not take effect in respect of- (i) an allocated Government servant of the former State of Madhya Bharat who has rendered continuous service for any period exceeding three years but not exceeding four years before the 1st November, 1956 from a date prior to the said date; (ii) an allocated Government servant of the former State of Madhya Pradesh who has rendered continuous service for a period of not less than four years before the 1st November, 1956, from a date prior to that on which he completed four years of service; (iii) an allocated Government servant of the former State of Madhya Bharat from a date prior to the 1st November, 1956. ### 6. (1) The service of a Government servant in quasi-permanent service shall be liable to termination :- (i) in the same circumstances and in the same manner as in the case of a Government servant in permanent service; or (ii) when the appointing authority concerned has certified that a reduction has occurred in the number of posts available for Government servants not in permanent service : Provided that the service of a Government servant in quasi-permanent service shall not be liable to termination under Clause (ii) so long as any post of the same grade and under the same appointing authority as the specified post held by him continuously to be held by a Government servant not in permanent or quasi-permanent service : Provided further that as among Government servants in quasi-permanent service whose specified posts are of the same grade and under the same appointing authority, termination of service consequently on reduction of posts shall ordinarily take place in order of juniority in the list mentioned in Rule 7. (2) Nothing in this rule shall affect any special instructions issued by Government regarding the manner and the order in which a temporary Government servant belonging to any Schedule Caste or Scheduled Tribe may be discharged. ### 7. (1) Subject to the provisions of this rule a Government servant in respect of whom a declaration has been issued under Rule 3, shall be eligible for a permanent appointment on the occurrence of a vacancy in the specified posts which may be reserved for being filled from among persons in quasi-permanent service in accordance with such instructions as may be issued by the Governor in this behalf from time to time. Explanation. - No such declaration shall confer upon any person a right to claim permanent appointment to any post. (2) Every appointing authority shall, from time to time, prepare a list, order or precedence, of persons in quasi-permanent service who are eligible for a permanent appointment. In preparing such a list, the appointing authority shall consider primarily the merit and secondarily the seniority of the Governor servants concerned. All permanent appointments which are reserved under sub-rule (1) under the control of any appointing authority shall be made in accordance with such list. ### 8. A Government servant in quasi-permanent service and holding a specified post, shall, as from the date on which his service is declared to be quasi-permanent, be entitled to the same conditions of service in respect of leave, allowances and disciplinary matters as a Government service in permanent service holding the specified post. ### 9. Notwithstanding anything contained in Rule 7, the services of a Government servant to whom these rules apply may be terminated at any time without notice on his being declared physically unfit for continuance in service by an authority who would have been competent to declare him as permanently incapacitated for service had his appointment been permanent. ### 10. A Government servant in quasi-permanent service shall, if his service is terminated otherwise than as a disciplinary measure or by resignation be eligible for- (a) a gratuity at the rate of half a month's pay for such completed year of quasi-permanent service, such gratuity being payable on the basis of pay admissible to such Government servant in respect of the specified post on the last day of his service; and (b) any gratuity to which he is entitled in respect of his service before his appointment to quasi-permanent service : Provided that this rule shall not apply to persons borne on establishment to which Contributory Provident Fund benefits are attached. ### 11. (1) Where a Government servant in quasi-permanent service is appointed substantively to a permanent post, the entire period of his quasi-permanent service, together with one-half of the period of the preceding continuous temporary service (excluding any period of extraordinary leave) rendered after attaining the prescribed minimum age after which service qualifies for pension shall be deemed to be qualifying service for the grant of pension or gratuity, as the case may be. (2) Where any quasi-permanent servant is appointed substantively to any post in respect of which the rules prescribe a period of probation, the State Government may, exempt such servant, either partly or wholly, from the requirement of being on probation, if in its opinion the post or posts in which the quasi-permanent and continuous temporary service was rendered by him is equivalent to the post to which he is appointed substantively. ### 12. (a) Subject to any provision contained in the order of appointment or in any agreement between the Government and the temporary Government servant who is not in quasi-permanent service shall be liable to termination at any time by notice in writing given either by the Government servant to the appointing authority or by the appointing authority to the Government servant: [Provided that the services of any such Government servant may be terminated forthwith and on such termination, the Government servant shall be entitled to claim a sum equivalent to the amount of his pay plus allowances for the period of the notice at the same rates at which he was drawing them immediately before such termination or, as the case may be, for the period by which such notice falls short of one month :] [Substituted by Notification dated 28-12-1979.] Provided further that the payment of allowances shall be subject to the conditions under which such allowances are admissible. (b) The period of such notice shall be one month unless otherwise agreed between the Government and the Government servant.
65b9b977ab84c7eca86e9c08	acts	State of Rajasthan - Act -------------------------- The Rajasthan Agricultural Produce Markets (Market Committee Employees) Service Rules, 1975 --------------------------------------------------------------------------------------------- RAJASTHAN India The Rajasthan Agricultural Produce Markets (Market Committee Employees) Service Rules, 1975 ============================================================================================= Rule THE-RAJASTHAN-AGRICULTURAL-PRODUCE-MARKETS-MARKET-COMMITTEE-EMPLOYEES-SERVICE-RULES-1975 of 1975 ------------------------------------------------------------------------------------------------------- * Published on 24 December 1975 * Commenced on 24 December 1975 The Rajasthan Agricultural Produce Markets (Market Committee Employees) Service Rules, 1975 Published vide Notification No. F. 10(150) /Agriculture 5/68-Group 2, dated 24.12.1975-Rajasthan Gazette, Extraordinary, Part 4-C(1), dated 5.2.1976, at page 854(35) G.S.R. 258(13) . - In exercise of the powers conferred by Section 36 of the Rajasthan Agricultural Produce Markets Act, 1961 (Rajasthan Act 38 of 1961) the State Government hereby makes the following rules the same having been previously published as required by sub-Section (4) of the said section, namely:- Chapter - I ### 1. Short title and commencement. - These rules may be called "The Rajasthan Agricultural Produce Markets (Market Committee Employees) Service Rules, 1975", and shall effect from the date of publication in the Official Gazette. ### 2. Extent of application. - Unless otherwise expressly provided, these rules shall apply to, and be binding on, all employees of the Agricultural Produce Market Committees in Rajasthan, other than the following:- (a) Persons on deputation from the State Government who will be governed by the terms and conditions of deputation; (b) Employees, appointed on contract, work-charged and casual employees; (c) Any class of employees, or any individual employed in connection with the affairs of the said market committee, who may be specifically exempted from the application of these rules. ### 3. Power to relax Rules. - Government may relax provisions of these rules to such extent and subject to such conditions, as it may consider necessary, in a just and equitable manner. ### 4. Power to amend the Rules. - Government may, by a Gazette Notification published in the Rajasthan Rajpatra, relax, amend or delete any of these rules or frame any new rules as it may think fit from time to time. ### 5. Interpretation. - Decision of Government, in so far as interpretation or clarification of these rules is concerned, shall be final and binding on all market committees and their employees. ### 6. Power to delegate. - Government, may, by specific or general orders, declare any of its officers as competent authority and delegate to him, subject to any conditions which it may impose any power under these rules. Chapter - II ### 7. Definitions. (a) Unless there be something repugnant in the subject or context, the terms defined in this Chapter are used in the rules in the sense herein explained- (1) Age. - (a) For the purpose of these rules, age shall be computed from the date of birth of an employee, who shall be required to produce authentic proof thereof at the time of employment. (b) The following proofs may be accepted as authentic, in order of preference- (i) Date of birth, given to the Secondary School Certificate; (ii) Date of birth, given in the Municipal Birth Certificate; (iii) Date of birth, given in the Horoscope, provided it was prepared soon after the date of birth stated by the employee. (c) If an employee is unable to state his exact date of birth, but can give satisfactory proof of the year of birth or year and the month of birth, the 1st July or the 16th day of the month may be respectively treated as the date of birth. (d) If an employee is unable to state even the year of birth, a certificate from a Medical Jurist, approved by the Director of Medical and Health Services, Rajasthan specifying the approximate year, may be accepted for the purpose of computing age in the manner prescribed in Rule 7(a)(1)(c). (e) When an employee is required to retire on attaining a specified age, the date on which he attains that age is reckoned as nonworking day and he must retire with effect from and including that day. (2) Competent authority. - Competent authority, in relation to the exercise of any power, means the '[Director] or any authority, to whom the power is delegated by or under these rules. (3) Cadre. - Means the strength of a service, or part of a service sanctioned as separate unit. (4) Chairman. - Means the Chairman of the Market Committee concerned. (5) Secretary. - [x x x] [Deleted by Notification No. F. 10(28) Agriculture/Group-II/78, dated 7.6.1980-Rajasthan Gazette, Extraordinary, Part IV-C, dated 7.6.1980, p. 85.] (6) Duty. - Means time spent in discharge of service under the market committee, and includes- (a) Joining time; (b) The [Director] [Substituted by Notification No. F. 10(28) Agriculture/Group-II/78, dated 7.6.1980-Rajasthan Gazette, Extraordinary, Part IV-C, dated 7.6.1980, p. 85.] may issue orders declaring that in the following circumstances, or in circumstances similar thereto, an employee may be treated as on duty- (i) time spent in any training or course of study, sponsored by the Board; (ii) the period of compulsory waiting by an employee, returning from leave or after handing over charge of a post, for posting on another post; (iii) reasonably necessary period, spent on journey to and from place of examination; and the period occupied in attending to an obligatory examination or an optional examination at which the employee is permitted to appear by the [Director] [Substituted by Notification No. F. 10(28) Agriculture/Group-II/78, dated 7.6.1980-Rajasthan Gazette, Extraordinary, Part IV-C, dated 7.6.1980, p. 85.] on a proposal of the Market Committee. (7) Employee. - Means a person appointed to any service or Post in connection with the affairs to the market committee to work on a monthly rate of pay. (8) Employee in permanent employ. - Means a person employed under the market committee, who holds substantively a permanent post or who holds a lien on a permanent post or would have held a lien on permanent post, had the lien not been suspended. (9) Government. - Means the Government of Rajasthan. (10) Holiday. - Means a day which is prescribed as holiday in these rules. (11) Joining time. - Means the time allowed to an employee in which to join a new post or to travel to or from a station to which he is posted. (12) Leave. - Includes privilege leave, maternity leave, commuted leave, extraordinary leave and half-pay leave. (13) Leave Salary. - Means the amount of salary paid to an employee during leave. (14) Lien. - Means title of an employee to hold a permanent post substantively and the right to resume or return to duty after a period or periods of absence. (15) Month. - Means a calendar month. In calculating a period, expressed in terms of months and days, complete calendar months, should be calculated and the odd number of days added thereto. (16) Officiate. - Means performance of duties of a post by an employee, on which another employee holds a lien. A market committee may appoint an employee to officiate in a vacant post, on which no other employee holds a lien or pending a permanent appointment in that post, with prior approval of the [Director] [Substituted by Notification No. F. 10(28) Agriculture/Group-II/78, dated 7.6.1980-Rajasthan Gazette, Extraordinary, Part IV-C, dated 7.6.1980, p. 85] Note. - (i) In case any employee is appointed to the post in addition to his on duties, no special pay is admissible if the post is subordinate to the post he is holding; (ii) In case an employee is appointed to the post in addition to his own duties, if the post is equal or lower post he is holding, he may be allowed special pay not exceeding 10% of his pay if the dual charge is upto 60 days and special pay not exceeding 20% of his pay if the period of dual charges is more than 60 days; (iii) In case an employee is appointed to the post in addition to his own duties, if his post is higher than the post he is holding, if the employee is qualified to hold the higher post or is senior enough for regular appointment to officiate on the higher post, he may be allowed to draw special pay not exceeding 10% of the pay of that post upto 60 days and not exceeding 20% of the pay for more than 60 days; (iv) If the employee is not qualified to hold the higher post, he may be allowed to draw special pay not exceeding 10% of his own pay; (v) Dual arrangement should not be allowed to continue beyond a period of 6 months in any case. (17) (a) Pay. - Means the amount to which an employee is entitled to and is drawn by him monthly in respect of the post held by him substantively or in officiating capacity, and includes- (i) any special pay or personal pay, and (ii) any other emoluments, which may be specially classed as pay by competent authority. (b) Pay scales. - Means pay scales, mentioned in Column Number 6 of the Appendix 'A', attached to these rules. (18) Permanent post. - Means a post carrying a definite rate of pay sanctioned without limit of time by the [Director] [Substituted by Notification No. F. 10(28) Agriculture/Group-II/78, dated 7.6.1980-Rajasthan Gazette, Extraordinary, Part IV-C, dated 7.6.1980, p. 85] (19) Personal pay. - Means additional pay granted to an employee- (i) to save him from loss of substantive pay in respect of a permanent post due to revision of pay or reduction in such pay, not being a reduction as a disciplinary measure, or (ii) in exceptional circumstances on other personal considerations. (20) Presumptive pay. - Means the pay of a particular employee, to which he would be entitled if he hold a post substantively, and performed his duties, but does not include special pay unless the employee performs or discharges the work or responsibility or works under such conditions in consideration of which the special pay was sanctioned. (21) Rules. - Means the Rajasthan Agricultural Produce Markets (Market Committee Employees) Service Rules, 1975. (22) Special pay. - Means the pay, in addition to the pay of a post or of an employee granted in consideration of- (a) the specially arduous nature of duties. (b) the specific addition to the work or responsibility. (23) Subsistence grant. - Means an amount, monthly granted to an employee who is not in receipt of pay or leave salary. (24) Substantive pay. - Means the amount other than special or personal pay or emoluments classed as pay under Rule 7(a) (17) to which an employee is entitled to on account of his appointment substantively to a post or cadre under the market committee. (25) Secretary of the Market Committee. - Means the Secretary of the Market Committee concern. (26) Temporary post. - Means a post, created temporarily for a specified period. (27) Time scale of pay. - Means pay which, subject to any condition, prescribed in these rules, rises by periodical increments from a minimum to maximum. Time scales are treated to be identical if minimum and maximum, the period of increment and the rate of increment of the time scales are the same. (28) Transfer. - Means the movement of an employee from one headquarter station, in which he is employed, to another such station to take up the duties of a new post as a result of change in his Headquarters. (29) [ Year. - Means the financial year commencing from 1st of April and ending on 31st March.] [Inserted by Notification No. F. 10(28) /Agriculture 2B/78, dated 1.8.1984-Rajasthan Gazette, Extraordinary, Part IV-C, dated 3.8.1984, p. 91, dated 1.8.1984.] (b) (i) The words used in these rules denoting masculine gender shall also include the feminine gender; (ii) The words used in these rules denoting singular number shall imply the plural number wherever relevant or vice-versa; (iii) The marginal notes against any rule shall not effect the contents thereof. Chapter - III 8. Age on first appointment. - [(a) A candidate for direct recruitment to any post enumerated in Appendix "A" must have attained the age of 18 years and must not have attained the age of [35 years] [Substituted by Notification No. F. 10(28) /Agriculture 2B/78, dated 1.8.1984-Rajasthan Gazette, Extraordinary, Part IV-C, dated 3.8.1984, p. 91, dated 1.8.1984.] on the first day of January next following the last date fixed for receipt of application: Provided:- (i) [ that the upper age limit mentioned above shall be relaxed- [Substituted by Notification No. F. 15(24) /Agriculture/2/85-Part, dated 12.6.2009-Rajasthan Gazette, Extraordinary, Part IV-C(I), dated 16.6.2009, p. 23, vide G.S.R. 15, enforced w.e.f. 12.6.2009 = 2009 RSCS/Part II/P. 696/H. 386, dated 12.6.2009.[2.6.2009.].] (a) by 5 years in the case of male candidates belonging to the Scheduled Castes and the Scheduled Tribes and Other Backward Classes: (b) by 5 years in the case of woman candidates belonging to the General category; (c) by 10 years in the case of woman candidates belonging to the Scheduled Castes, Scheduled Tribes and Other Backward Classes:] (ii) that if a candidate would have been entitled in respect of his age to appear at the examination in any year after the commencement of these rules in which no such examination was held, he shall be deemed to entitled in respect of his age to appear at the next following examination; (iii) that upper age limit shall be 40 years in case of persons already serving in connection with the affairs of market committee in substantive capacity or in a temporary capacity continuously after having been so appointed prior to their attaining the age of[35 years] [Substituted by Notification No. F. 15(24) /Agriculture/2/85-Part, dated 12.6.2009-Rajasthan Gazette, Extraordinary, Part IV-C(I), dated 16.6.2009, p. 23, vide G.S.R. 15, enforced w.e.f. 12.6.2009 = 2009 RSCS/Part II/P. 696/H. 386, dated 12.6.2009.[2.6.2009.].] ; (iv) that the upper age limit for Ex-Service Personnel and the reservists, namely the Defence Service Personnel transferred to the reserve shall be 50 years; (v) that the upper age limit mentioned above shall be relaxable by a period equal to the service rendered in the N.C.C. in the case of Cadet Instructors and if the resultant age does not exceed the prescribed maximum age limit by more than three years, they shall be deemed to be within the prescribed age limit; (vi) that there shall be no age limit in case of persons repatriated from East African countries of Kenya, Tanganyika, Uganda and Zanzibar; (vii) that the upper age limit mentioned above shall not apply in the case of an ex-prisoner who had served in the Market Committees on a substantive basis on any post before his conviction and was eligible for appointment under the rules; (viii) that in the case of an ex-prisoner other than referred to in clause (vii), the upper age limit mentioned above shall be relaxed by a period equal to the term of imprisonment served by him provided he was not over age before his conviction and was eligible for appointment under the rules; (ix) that there shall be no age limit in case of persons repatriated from Pakistan during the 1971 Indo-Pak War;] (x) [ that there shall be no age limit in case of widow and divorce women;] [Added by Notification No. F. 5(24) /Agriculture/Group 2B/85, dated 20.9.1989-Rajasthan Gazette, Part IV(C), dated 4.6.1992, p. 236, dated 20.9.1989 [4.6.1992].] (xi) [ that there shall be no age limit in case of employees of Government Undertakings, declared surplus".] [Added by Notification No. F. 15(24) /Agriculture/Group-2/85, dated 28.2.1996-Rajasthan Gazette, Extraordinary, Part IV-C(I), dated 2.3.1996, p. 221, vide G.S.R. 101, enforced w.e.f. 28.2.1996 = 1996 RSCS/Part II/P. 181/H. 229 w.e.f. 28.2.1996.] Explanation. - That in the case of widow, she will have to furnish a certificate of death of her husband from the competent authority and in case of divorce she will have to furnish the proof of divorce. (b) The date of birth shall invariably be mentioned in the order of first appointment to the service of the Market Committee. (c) [ Every market committee employee shall retire on attaining the age of 60 years. The date of retirement shall be last day of the month in which employee attains the age of 60 years. However, the provisions of Rule 53-A shall be applicable to all market committee employees: [Substituted by Notification No. F. 15(24) /Agriculture/2/85, dated 24.9.2008-Rajasthan Gazette, Extraordinary, Part IV-C(I), dated 29.9.2008, p. 165, vide .G.S.R. 124, enforced w.e.f. 24.9.2008 = 2009 RSCS/Part II/P. 671/H. 344, dated 24.9.2008 [24.9.2008] ] Provided that superior service employee of market committee who has attained the age of 58 years in August, 2008, shall retire when he attains the age of 60 years. Note. - 1. A market committee employee whose date of birth is the first of month shall retire from service in the afternoon of the last day of the proceeding month on attaining the age of sixty years. ### 2. In case the last day of the month happens to be a closed holiday, even then the market committee employee should formally relinquish charge of the office in the afternoon of that day.] ### 9. Condition of Medical Fitness. - Save in the case of persons appointed for a period of three months or less. All direct appointments in the Market Committee shall be subject to the production of a certificate of health of Medical fitness by the candidate concerned from the Government Medical Officer. ### 10. Basic conditions of Service. - A person appointed in the service of the Market Committee may be employed in any manner and his whole time will be at the disposal of the Market Committee: Provided that no woman shall be knowingly appointed or shall be engaged in the employment during the six weeks following the day on which she has delivered a child. ### 11. Joining time. - An employee shall, neither, be appointed to hold two or more posts simultaneously except as a temporary measure, nor shall he be appointed substantively to a post on which another employee holds a lien. ### 12. Lien. - An employee on substantive appointment to a permanent post shall acquire a lien on that post and will cease to hold any lien previously acquired on any other permanent post. ### 13. Suspension of lien. - Lien of an employee shall be suspended if he is:- (i) appointed to a permanent post outside his cadre for the time being; or (ii) appointed provisionally to a post on which another employee would hold the lien or had his lien, not been suspended under these rules. ### 14. Transfer of lien. - Lien of an employee may be transferred to another permanent post in the same cadre. ### 15. Retention of lien. - An employee holding substantively a permanent post shall retain his lien on the post:- (a) while performing duties of that post; (b) while holding temporary post or Officiating on another post or cadre; (c) during joining time on transfer to another post unless he is transferred substantively to a post on lower pay in which case the lien is transferred to the new post from the date on which he is relieved of his duties in the old post; (d) while on leave; and (e) while under suspension. ### 16. Termination of lien. - An employee's lien shall not be terminated even with his consent if he is without a lien or a suspended lien. [17. Subscription to Provident Fund. - An employee shall be required to subscribe to the Contributory Provident Fund of the Market Committee in accordance with such rules may be framed by the Government.] [Substituted by Notification No. F. 10(28) /Agriculture 2B/78, dated 1.8.1984-Rajasthan Gazette, Extraordinary, Part IV-C, dated 3.8.1984, p. 91, dated 1.8.1984 [3.8.1984] ] [17A. Payment of Gratuity. - The gratuity payable to an employee shall be determined in accordance with the rules as are applicable to the State Government employees.] [Inserted by Notification No. F. 10(28) /Agriculture 2B/78, dated 1.8.1984-Rajasthan Gazette, Extraordinary, Part IV-C, dated 3.8.1984, p. 91, dated 1.8.1984 [3.8.1984].] ### 18. Conditions of pay and allowances. - The pay and allowances of an employee begins when he takes over the charge of the post in respect of which they are earned and ceases to draw as soon as he ceases to discharge the duties of the post: Provided that pay and allowances shall be drawn from the date of assuming duties if charge is taken over before noon of that date. ### 19. Conditions in which employee ceases to be in Market Committee Service. (a) No employee shall be granted leave of any kind for a continuous period exceeding one year; (b) Unless in exceptional circumstances of the case the competent authority if otherwise determines, an employee shall be deemed to have resigned and shall cease to be the employee of Market Committee, if he- (i) does not resume duty after remaining on leave for a continuous period of one year; or (ii) after the expiry of leave remains absent from duty otherwise than on account of suspension, for any period which together with the period of leave granted to him exceeds one year. ### 20. Termination of service of a temporary employee. (a) Unless the period of notice is otherwise agreed to, service of a temporary employee of the market committee may be terminated as any time by one month's notice in writing given by the appointing authority or the employee himself. (b) The market committee may terminate the services of such temporary employee forthwith by payment to him sum equivalent to the amount of his pay and allowances, for the period of one month or for the period by which such notice falls short of one month or any longer period as agreed to. ### 20A. Probation and Confirmation. - [(i) Probation. - All persons appointed to any cadre by direct recruitment shall be placed on probation as probationer-trainee for two years and probationer trainee shall be paid monthly fixed remuneration during the period of probation at such rates as may be fixed by the Government from time to time for the Government servants appointed on similar post. The person appointed to any cadre by way of promotion shall be placed on probation for one year. If it appears to the appointing authority at any time during or at the end of the period of probation that a probationer has failed to give satisfaction, the appointing authority may revert him to the post held substantively by him immediately preceding his appointment on probation, provided he holds a lien therein or in other cases may remove him from service: Provided that the appointing authority may extend the period of probation of any probationer to a specified period not exceeding six months. A probationer reverted or removed from the post during or at the end of the probation period shall not be entitled for any compensation.] [Substituted by Notification No. Nil, dated 24.10.2007-Rajasthan Gazette, Extraordinary, Part IV-C(I) , dated 1.2.2008, p. 165(1), vide G.S.R. 91, enforced w.e.f. 24.10.2007 = 2008 RSCS/Part II/P. 382/H. 198 w.e.f. 24.10.2007.] (ii) Confirmation. - A probationer shall be confirmed in his appointment at the end of the period of his probation if:- a. he has passed a departmental test of proficiency in Hindi; b. he has passed the prescribed departmental examination if any, completely; and c. the appointing authority is satisfied that his integrity is unquestionable and that he is otherwise fit for confirmation. Chapter - IV Pay and additions to pay ### 21. An employee shall draw such pay as may be prescribed by these Rules for the post held by him. [21A. The pay of employees of Government Undertakings declared surplus and observed in market committee service, shall be fixed as per directions issued by Government from time to time.] [Added by Notification No. F. 15(24) /Agriculture/Group-2/85, dated 28.2.1996-Rajasthan Gazette, Extraordinary, Part IV-C(I), dated 2.3.1996, p. 221, vide G.S.R. 101, enforced w.e.f. 28.2.1996 = 1996 RSCS/Part II/P. 181/H. 229 w.e.f 28.2.1996.] ### 22. An employee awaiting posting orders will draw on taking over charge pay of the new post or old post whichever is less. ### 23. The initial pay of an employee when appointed to a post by direct recruitment, selection, promotion, or transfer shall be fixed in the same manner as laid down in the Rajasthan Service Rules or any orders relating thereto, issued by the Government of Rajasthan amended from time to time. ### 24. Regulation of pay where pay of a post is changed. - An employee holding a post, in substantive or officiating capacity, the pay of which is changed, shall be treated as if transferred to a new post on the next pay, provided that he may, at his option retain his old pay until the date on which he has earned his next increment, or any subsequent in the old scale or until he vacates his post or ceases to draw pay in that time scale. The option once exercised shall be final. Failure to exercise option shall entail forfeiture of benefit of this Rule. ### 25. Option to elect Revised pay during Suspension. - An employee under suspension may opt the revised scale of pay under Rule 24 above, in the following cases:- (i) If revised scale of pay takes effect from a date prior to the date of suspension; or (ii) If revised scale of pay takes effect from date falling within the period of suspension; As a result of option in the former case, he shall be entitled to benefit of increase in pay, during duty period before suspension and also the subsistence allowance during suspension-whereas in the later case this benefit of option will, however, accrues to him in respect of the period of suspension only after his reinstatement depending on the fact whether this period of suspension is treated as duty or not. ### 26. Increment. - Subject to the provisions of Rule 23 an increment accruing in a time scale or pay, shall ordinarily be sanctioned by the Secretary of the Market Committee as a matter of course unless it is withheld by an authority empowered to withhold such increment in accordance with provisions of Rules. Any order withholding an increment shall state the period for which it is withheld and whether the postponement shall have the effect of postponing further increments. The increment may be admitted from the first day of the Month in which it would fall due. ### 27. Conditions on which service counts for Increments. - Conditions on which service counts for increments in time scale will be governed as prescribed in Rule 31 of the Rajasthan Service Rules mutatis mutandis. ### 28. Pay on transfer to a lower post as penalty. - An employee transferred as penalty from higher to a lower time scale of pay or post may be allowed to draw any pay, not exceeding, the maximum of the lower time scale of pay or post as the competent authority may think proper. ### 29. Future increments on reduction in lower stage etc. (a) A competent authority ordering reduction of an employee to a lower stage in the time scale of pay as a measure of penalty shall state the period for which the reduction shall be effective and whether on restoration the period of reduction shall operate to postpone future increment and if so, to what extent: Provided that when an employee is reduced to a particular stage his pay will remain constant at that stage for the entire period of reduction. (b) If an employee is reduced as a measure of penalty to a lower service, cadre class, post or to a lower time scale of pay, the authority ordering the reduction may or may not specify the period for which the reductions shall be effective but where the period is specified, that authority shall also state whether on restoration, the period of reduction shall operate to postpone future increments and if so to what extent. ### 30. (a) Competent authority imposing penalty by way of reduction to a lower stage in the time scale of pay under Rule 29 (a) shall indicate in the order:- (i) The date from which it will take effect and the period in terms of years and months for which the penalty shall be operative; (ii) The stages in the time scale (in terms of rupees) to which employee is reduced; and (iii) The extent (in term of years and months) if any, for which the period referred to at (i) above shall operate to postpone future increments. (b) After expiry of the period of the reduction the pay of the employee shall be regulated as under:- (i) If the order of reduction lays down that the period of reduction shall not operate to postpone future increments, the employee shall be allowed the pay which he would have drawn in normal course but for his reduction; (ii) The stage in the time scale (in terms of rupees) to which employee is reduced; and (iii) If the order specified that the period of reduction was to operate to postpone future increments for any specified period, the pay of an employee shall be fixed in accordance with (i) above but after treating the period for which the increments were to be postponed as not counted for increments. ### 31. Pay when reduction is set-aside on appeal or review. - Where an order of penalty of withholding of increments of an employee or his reduction to lower service, grade or post or to a lower time- scale or to a lower stage in a time scale is set aside or modified by the competent authority in appeal or review, the pay shall be regulated in the following manner:- (a) If the said order is set aside, he shall be given for the period such order has been in force; the difference between the pay to which he would have been entitled had that order not been made and the pay he had actually drawn; (b) If the said order is modified the pay shall be regulated as if the order so modified had been made in the first instance. Note. - If the pay drawn by an employee in respect of any period prior to the issue of the order of the competent authority under this Rule is revised, the leave salary and allowance (other than travelling allowance) if any, admissible to him during that period shall be revised on the basis of the revised pay. ### 32. Officiating Appointments. (a) An employee, for the period he is out of his regular line shall not be deprived of his officiating promotion which he would have otherwise received; Subject to the provisions of Rule 23 an employee who is appointed to officiate in a post shall not draw pay higher than his substantive pay in respect of a permanent post, unless the officiating appointment involves assumption of duties and responsibilities of greater importance than these attached to his substantive post and unless the time scale of pay of the officiating post is higher than his substantive post. Note. - (1) When officiating appointment is made to a post which is on the same time scale of pay as the permanent post on which an employee holds lien or would hold lien had his lien not been suspended, such officiating appointment shall not be deemed to involve the assumption of duties or responsibilities of greater importance; (2) Higher officiating pay is not admissible to an employee in service where different posts on different pay scales have been merged into time scale for new contracts. ### 33. Payment that can be accepted without permission. - An employee may receive award for any essay or public competition or income derived from literary, cultural or artistic efforts or scale of book written by him with the aid of knowledge acquired by him during the course of service under the Market Committee provided it is certified by the [Director] [Substituted by Notification No. F. 10(28) Agriculture/Group-II/78, dated 7.6.1980-Rajasthan Gazette, Extraordinary, Part IV-C, dated 7.6.1980, p. 85, dated 7.6.1980.] that such book is not a compilation of Market Committee Rules regulations and procedures. [33A. Leave encashment. - An employee shall be allowed leave encashment benefit as per rules applicable to the State Government employees.] [Substituted by Notification No. F. 10(28) /Agriculture 2B/78, dated 1.8.1984-Rajasthan Gazette, Extraordinary, Part IV-C, dated 3.8.1984, p. 91, dated 1.8.1984.] Chapter - V Joining Time ### 34. Admissibility of joining time. - An employee may be granted joining time to enable him. (a) to join a new post to which he is appointed while in old post, or directly on relinquishing charge of that post; (b) to join a new post; (i) on return from privilege leave; and (ii) when he has no sufficient notice of his appointment to the new post, on return from leave other than that specified in sub-clause (1) above. ### 35. (a) Time reasonably required for the journeys between the place of training and the station to which an employee is posted immediately before and after the period of training shall be treated as a part of training. (b) An employee awaiting posting orders on the expiry of leave or otherwise at the place where leave was enjoyed or the place of last day and who is treated on duty under Rule 7(a) (6) (b) (ii) of these Rules may be grated joining time. (c) Where an order of appointment to join a new post does not involve a change of residence from one station to another, not more than one day shall be allowed to join such new post. A holiday counts as a day for the purpose of this rule. (d) Where prescribed holidays succeed the day of handing over charge of a post by an employee and the appointment to the new post does not involve change of residence the joining time shall be deemed to have been extended to cover such holidays. (e) Joining time and travelling allowance on transfer shall be admissible where the transfer is made in the interest of the affairs of the Market Committee. [36. Period of joining time admissible. - The Market Committee employees shall be allowed period of joining time as per rules applicable to the State Government employees from time to time.] [Substituted by Notification No. F. 15(24) /Agriculture/Group 2/B/85, dated 16.7.1987-Rajasthan Gazette, Part IV-C, dated 8.10.1987, p. 282, dated 16.7.1987 [8.10.1987] ] ### 37. Admissibility of maximum joining time. - Joining time may be extended by the [Director] [Substituted by Notification No. F. 10(28) Agriculture/Group-II/78, dated 7.6.1980-Rajasthan Gazette, Extraordinary, Part IV-C, dated 7.6.1980, p. 85 dated 7.6.1980.] as may be case upto the maximum time limit of thirty days in the circumstance as he may think proper. Chapter - VI Leave ### 38. Any kind of leave may be granted in combination or in continuation of any other kind of leave. [39. Privilege leave. - The Market Committee Employees shall be allowed privilege leave benefits as per rules on provision applicable to the State Government employees from time to time] [Substituted by Notification No. F. 15(24) /Agriculture/Group 2/B/85, dated 16.7.1987-Rajasthan Gazette, Part IV-C, dated 8.10.1987, p. 282, dated 16.7.1987 [8.10.1987] ] ### 40. Privilege leave cannot be claimed as a right. Discretion is reserved to the authority empowered to grant leave, to refuse or revoke leave at any time according to exigencies of the service of Market Committee provided that any leave applied for and due as preparatory to retirement shall only be refused by the [Director] [Substituted by Notification No. F. 10(28) Agriculture/Group-II/78, dated 7.6.1980-Rajasthan Gazette, Extraordinary, Part IV-C, dated 7.6.1980, p. 85 dated 7.6.1980.] and not by the leave sanctioning authority. ### 41. Every employee proceeding on leave must record on his application for leave the address at which letters will find him during leave, subsequent changes in address during leave, if any, should likewise be intimated to leave sanctioning authority. ### 42. Leave ordinarily begin on the day on which transfer of charge is affected and ends on the day proceeding that on which charge is resumed. ### 43. (a) An employee who absents himself without leave for seven continuous days or absents himself after the expiry of the period of leave ordinarily granted or subsequently extended, shall cease to be in the employment of the Market Committee unless he submits satisfactory explanation for his absence. (b) An employee who absents without leave or before any leave is sanctioned or who does not report for duty after the expiry of his leave, is entitled to no leave salary for the period of absence. Absence without leave, moreover, amounts to interrupt in service involving forfeiture of past service, unless no satisfactory reasons being furnished, the period of such wilful absence is commuted into leave without pay. ### 44. Amount of leave salary admissible. - An employee on privilege leave shall be entitled to the same salary which he would have drawn, had he not proceeded on such leave. ### 45. Extraordinary leave. (a) Extraordinary leave may be granted to a permanent or temporary employee in the following circumstances:- (i) When privilege leave is not due; or (ii) When the employee applied in writing for the grant of extraordinary leave. (b) Except in the case of a permanent employee, the duration of extraordinary leave shall not exceed three months or twelve months on any one occasion, the longer being admissible only on medical grounds. (c) No leave salary shall be paid for the period spent on extraordinary leave and such period shall not count for increment except as provided in Rule 27. ### 46. Maternity leave. (a) A competent authority may grant to a women employee, maternity leave on full pay fora period which may extend upto [the period of 90 days] [Substituted by Notification No. F. 10(28) /Agriculture/Group 2B/78, dated 16.3.1990-Rajasthan Gazette, Part IV-C, dated 3.5.1990, p. 14, w.e.f. 25.5.1985, dated 16.3.1990 [3.5.1990].] from the date of its commencement [xxx] [Deleted by Notification No. F. 10(28) /Agriculture/Group 2B/78, dated 16.3.1990-Rajasthan Gazette, Part IV-C, dated 3.5.1990, p. 14, w.e.f. 25.5.1985, dated 16.3.1990 [3.5.1990] ] (b) Maternity leave may also be granted in case of mis-carriage including abortion which is complete, subject to the conditions that:- (i) The leave does not exceed six weeks, and (ii) the application for the leave is supported by a Certificate from the Government Medical Officer. [Explanation. -Abortion does not include threatened abortion and Maternity Leave can not be granted in the case of threatened abortion.] [Inserted by Notification No. F. 10(28) /Agriculture/Group 2B/78, dated 16.3.1990-Rajasthan Gazette, Part IV-C, dated 3.5.1990, p. 14, w.e.f. 25.5.1985, dated 16.3.1990 [3.5.1990].] (c) Temporary women employee may also be allowed maternity leave. (d) Maternity leave may be combined with leave of any kind but any leave applied for in continuation of the former may be granted only if the request is supported by a Medical Certificate from Government Medical Officer. (e) Such leave shall not be allowed from the fourth issue. ### 47. Half pay leave. (a) Half pay leave admissible to an employee in respect of each completed year of service shall be 20 days. (b) The half pay leave due may be granted to an employee on medical certificate or on private affairs. (c) During the course of half pay leave an employee shall be entitled to half the salary and compensatory allowance to be worked out on that amount of half pay which shall be reckoned on the rate of pay drawn on the day preceding the day of proceeding on half pay leave. This rate shall not include any special pay or pay drawn for combination of appointment. (d) Commuted leave, not exceeding the amount of half pay leave due, may be granted on medical certificate only to a permanent employee, subject to the following conditions:- (i) Commuted leave during the entire service shall be limited to maximum of 240 days. (ii) When commuted leave is granted, twice the amount of such leave shall be debited against the half-pay leave. Chapter - VII Medical facilities, allowances, liveries & other facilities ### 48. Medical Facilities. - The employees and their families shall be entitled to such medical facilities as laid down in the Rajasthan Civil Services (Medical Attendance) Rules, 1970 and any orders relating thereto, issued by the Government of Rajasthan amended from time to time. ### 49. Dearness Allowance, House Rent Allowance and City Compensatory Allowance. - An employee will be eligible to such dearness allowance, house rent allowance and city compensatory allowance and such other allowances as maybe prescribed by the [Director] [Substituted by Notification No. F. 10(28) Agriculture/Group-II/78, dated 7.6.1980-Rajasthan Gazette, Extraordinary, Part IV-C, dated 7.6.1980, p. 85, dated 7.6.1980.] from time to time. Note. - Pending issue of orders of the Secretary under this rule, the rules in this regard made by the Government of Rajasthan for their employees will apply mutatis mutandis to the employees of the Market Committee. ### 50. Liveries. - Members of the inferior services shall be provided with uniform, who have completed one year continuous service of the Market Committees or are holding substantive post in the Market Committee. ### 51. Return of Liveries. - In case an employee resigns from the services of the Market Committee for any reason or leaves the service otherwise, he shall before so doing return all the articles of liveries which are for the time being in his charge to the Secretary of the Market Committee if it has not been used for the prescribed period. ### 52. Scale of Liveries. - [Liveries shall be supplied to the following categories of employees as per scale noted below] [Substituted by Notification No. F. 10(28) /Agriculture 2B/78, dated 1.8.1984-Rajasthan Gazette, Extraordinary, Part IV-C, dated 3.8.1984, p. 91, dated 1.8.1984 [3.8.1984] ]:- \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| Season \| For Peon, Chokidar Farrash \| Sweepers \| [Driver] [Substituted by Notification No. F. 10(28) Agriculture/Group-II/78, dated 7.6.1980-Rajasthan Gazette, Extraordinary, Part IV-C, dated 7.6.1980, p. 85 dated 7.6.1980.] \| \| Summer \| Buttoned up short coats and pents, (Cotton) 2 sets in 1 year. Safas 3 in 2 years. \| Shirts (Cotton) & Half pents 2 sets in 1 year, Cap (Cotton) 1 in 1 year. \| Bush shirts & pents 2 in 1 year. \| \| Winter \| Buttoned up short coat (Woollen) one in two years. \| Jersey (Woollen) one in 2 years. \| Jersey (Woollen) one in two years. \| ### 53. The rules regarding discipline and appeal are reproduced in Appendix 'B'. [53A. (1) Optional Retirement on completion of [15] [Inserted by Notification No. F. 15(24) /Agriculture/Group 2/B/85, dated 16.7.1987-Rajasthan Gazette, Part IV-C, dated 8.10.1987, p. 282, dated 16.7.1987 [8.10.1987].] years qualifying service. (a) A Market Committee Employee may, after giving at-least 3 months previous notice in writing to the appointing Authority, retire from service on the date on which he completes [15 years] [Substituted by Notification No. F. 15(24) /Agriculture/Group-2/85, dated 14.11.2005-Rajasthan Gazette, Extraordinary, Part IV-C(I), dated 21.11.2005, p. 93-A, vide G.S.R. 58-A, enforced w.e.f. 14.11.2005 = 2006 RSCS/Part II/P. 133/H. 98, w.e.f. 14.11.2005.] of qualifying earlier or any date thereafter to be specified in service or attains the age of 45 years whichever is the notice: Provided that it shall be open to the appointing authority to withhold permission to retire a Market Committee Employee: (i) who is under suspension; (ii) in whose case disciplinary proceedings are pending or contemplated for the imposition of a major penalty and the disciplinary authority having regard to the circumstances of the case, is of the view that such disciplinary proceeding might result in imposition of the penalty of removal or dismissal from service; (iii) in whose case prosecution is contemplated or may have been launched in a court of law; (b) A Market Committee Employee who has given notice for seeking retirement under clause (a) of this sub-rule, may presume acceptance of the notice of retirement and the retirement shall be effective in terms of the notice automatically unless an order in writing to the contrary has been issued by the competent Authority and served upon the market committee employee before the expiry of the period of notice. (c) If a Market Committee employee seeks retirement under this sub-rule while he is on leave not due, without returning to duty, the retirement shall take effect from the date of commencement of the leave not due and the leave salary paid in respect of such leave shall be recovered from him. (d) Market Committee Employee who seeks voluntary retirement under clause (a) of this sub-rule shall be entitled to a weight age of a 5 years qualifying service which shall be given as an addition to the qualifying service actually rendered by him. The grant of weight age upto 5 years shall, however, be subject to the following conditions:- (i) in respect of market committee employees governed by the Rajasthan Agricultural Produce Markets (Provident Fund) Rules, 1982 Market Committee Contribution shall be enhanced by the amount which would have accrued by the addition of five years notional service. (ii) the notional contribution shall be added on the basis of the amount of subscription made immediately before the date of retirement without subscribing to the fund on or after the date of his retirement. (iii) the resultant increase in the aforesaid manner shall in no case be more than the contribution which could have been credited in his provident fund account had be retire on completing 33 years qualifying service or on attainment of the age of superannuation whichever is less. (iv) the benefit of five years, notional qualifying service mentioned in this clause shall not be admissible to a Market Committee Employee who is retire under sub-rule (2) of this Rule. (e) A Market Committee Employee who gives notice of Voluntary retirement under clause (a) of sub-rule (1) shall satisfy himself by means of a reference to the appointing authority who is competent to retire him to the effect that he has, in fact, completed [15] [Substituted by Notification No. F. 15(24) /Agriculture/Group-2/85, dated 14.11.2005-Rajasthan Gazette, Extraordinary, Part IV-C(I), dated 21.11.2005, p. 93-A, vide G.S.R. 58-A, enforced w.e.f. 14.11.2005 = 2006 RSCS/Part II/P. 133/H. 98 w.e.f. 14.11.2005.] years qualifying for retirement. (f) A Market Committee Employee may, with the approval of the appointing authority, withdraw the notice given under clause (a) of this sub-rule provided the request for such withdrawal is made before the expiry of the notice. (g) The authority competent to retire a Market Committee Employee may, in deserving cases; accept the notice contemplated under clause (a) of this sub-rule for a period of less than 3 months with the concurrence of the Government. (2) Compulsory retirement after completion of [15] [Substituted by Notification No. F. 15(24) /Agriculture/Group-2/85, dated 14.11.2005-Rajasthan Gazette, Extraordinary, Part IV-C(I), dated 21.11.2005, p. 93-A, vide G.S.R. 58-A, enforced w.e.f. 14.11.2005 = 2006 RSCS/Part II/P. 133/H. 98 w.e.f. 14.11.2005.] years of send. (i) The appointing Authority shall have the absolute right to retire in public interest any Market Committee Employee, by giving him at least three months previous notice in writing, from service on the date on which he complete [15 years of qualifying service or on the date which he attain the age of 50 years, (whichever is earlier)] [Substituted by Notification No. F. 15(24) /Agriculture/Group-2/85, dated 21.11.2001-Rajasthan Gazette, Extraordinary, Part IV-C(I), dated 26.11.2001, p. 159, vide G.S.R. 95, enforced w.e.f. 21.11.2001 = 2002 RSCS/Part II/P. 82/H. 82 w.e.f. 21.11.2001.] , or on any date thereafter: Provided that such Market Committee Employee may be retired from service forth-with and on such retirement the Market Committee Employee shall be entitled to claim three months pay and allowance in lieu of notice. (ii) The Director may publish the order of such retirement in News Papers, and the Market Committee Employees shall be deemed to have retired on such publication, if he has not been served with the retirement order earlier,] [54. Holidays. - The employees shall be allowed to avail the Gazetted holidays as declared by the State Government from time to time for the State Government employees in a calendar year: [Substituted by Notification No. F. 10(28) /Agriculture 2B/78, dated 1.8.1984-Rajasthan Gazette, Extraordinary, Part IV-C, dated 3.8.1984, p. 91, dated 1.8.1984. [3.8.1984].] Provided that the employees who work in the markets on account of auction and other essential services shall not be allowed the aforesaid holidays except market closed days but in lieu of this they shall be allowed compensatory leave in such rotation as the Secretary of the concerned Market Committee decides. ### 55. Weekly day. - The weekly day shall be the day on which a particular market yard or sub-yard observes a weekly closed day. ### 56. Hours of work. - The working hours of the employee shall be such as may be fixed by the respective Market Committees for the proper running of Market Committee subject to the approval of the [Director] [Substituted by Notification No. F. 10(28) Agriculture/Group-II/78, dated 7.6.1980-Rajasthan Gazette, Extraordinary, Part IV-C, dated 7.6.1980, p. 85, dated 7.6.1980.] , ### 57. Casual leave. - Casual leave is not recognised and is not subject to any rule, technically, therefore a market committee employee or casual leave is not treated as absent from duty and his pay is not intermitted, casual leave, however, must not be given so as to cause evasion of the rules regarding:- (i) date of reckoning pay and allowance; (ii) charge of officer; (iii) commencement and, end of leave; (iv) return to duty; or so as to extend the term of leave beyond the time admissible by rules. Maximum period of casual leave admissible to Market Committee employee in a calendar year will be 15 days subject to a limit of 10 days at any one time. Paid and weekly holidays/compensatory holiday will not be counted for while reckoning the limit of 10 days. ### 58. Educational facilities. - Payment of any tuition fee by the employee in respect of his wards (legitimate sons and daughters) to Government Educational Institutions, shall be reimbursed by the Market Committee on production of such receipt from the Educational Institution. ### 59. Travelling Allowance. - Employees shall be entitled to Travelling Allowance as per Rajasthan Travelling Allowance Rules, 1971 and orders relating thereto issued by the Government of Rajasthan amended from time to time. ### 60. The rule regarding determination of seniority in the event of transfer from the one Market Committee to another are given in Appendix 'C'. Chapter - VIII ### 61. Strength. - The strength of the Market Committee shall be such as may be fixed by it with the prior approval of the [Director] [Substituted by Notification No. F. 10(28) Agriculture/Group-II/78, dated 7.6.1980-Rajasthan Gazette, Extraordinary, Part IV-C, dated 7.6.1980, p. 85, dated 7.6.1980.] from time to time. ### 62. Pay Scales. - Pay scales allowed to the various categories of service are mentioned against each in Appendix 'A'. Any change required to be made at a later date will have the effect only after it has been approved by the [Director] [Substituted by Notification No. F. 10(28) Agriculture/Group-II/78, dated 7.6.1980-Rajasthan Gazette, Extraordinary, Part IV-C, dated 7.6.1980, p. 85, dated 7.6.1980.] , ### 63. Initial Constitution of Service. - The service shall consist of all persons, recruited to the Service before the commencement of these rules, provided recruitment was made in a accordance with the provisions of the rules or orders from the time being in force. ### 64I. Method of recruitment for superior posts. (1) Requirement to the Service after the commencement of these Rules, shall be made by the following methods:- (i) By direct recruitment; (ii) By promotion; (iii) By deputation from State Government; (iv) [ By absorption of employees of Government Undertakings declared surplus, or equal or below cadre posts:] [Added by Notification No. F. 15(24) /Agriculture/Group-2/85, dated 28.2.1996-Rajasthan Gazette, Extraordinary, Part IV-C(I), dated 2.3.1996, p. 221, vide G.S.R. 101, enforced w.e.f. 28.2.1996 = 1996 RSCS/Part II/P. 181/H. 229, w.e.f. 28.2.1996.] Provided that if the [Director] [Substituted by Notification No. F. 10(28) Agriculture/Group-II/78, dated 7.6.1980-Rajasthan Gazette, Extraordinary, Part IV-C, dated 7.6.1980, p. 85, dated 7.6.1980.] , or any authority, authorised in this respect, is satisfied that suitable persons are not available for appointment by either method or requirement in a particular year, appointment by either method, in relaxation of the prescribed proportion, may be made by in the same manner as specified in these Rules: Provided further that the persons, who have continuously held posts on temporary basis in the service for a period of not less than 6 months on 1.1.1975 shall be screened by the Selection Board referred to in Rule 65(i) for adjudging their suitability to the posts held on 1.1.1975, provided they possess the qualifications prescribed in the Rules either for direct requirement or for promotion, on the basis of which persons were selected for ad hoc temporary appointments. (2) [ The Secretary of the Market Committee concerned shall submit at the beginning of every year a statement showing the number of actual vacancies as on 1st April and anticipated vacancies likely to occur during the year to the Director or any other officer authorised by him.] [Substituted by Notification No. F. 10(28) /Agriculture 2B/78, dated 1.8.1984-Rajasthan Gazette, Extraordinary, Part IV-C, dated 3.8.1984, p. 91, dated 1.8.1984.] (2a) (i) The Director shall determine as on 1st April every year the number of actual and anticipated vacancies likely to occur during the financial year. [(ii) Where a post is to be filled in by a single method as prescribed in the Appendix "A", the vacancies so determined shall be filled-in by that method. (iii) Where a post is to be filled in by more than one method as prescribed in Appendix 'A', the apportionment of vacancies determined under clause (i) above to each such method shall be done maintaining the prescribed proportion keeping in view the number of posts already filled in. If any fraction of vacancies is left over after appointment of vacancies in the manner prescribed above, the same shall be apportioned in a continuous cyclic order giving precedence to the promotion quota. (iv) The Director shall also determine the vacancies of earlier years year wise which were required to be filled in by promotion if such vacancies were not determined and filled earlier in the year in which they were required to be filled in.] (3) [ On receipt of a requisition for direct recruitment to the service, applications shall be invited by the Director or any Officer authorised by him, by advertising or any other method for the vacancies in such manner as he deems proper, in which it shall be clearly mentioned that persons appointed to any cadre by direct recruitment shall be placed on probation as probationer-trainee for two years and during the period of probation he shall be paid monthly fixed remuneration at such rates as may be fixed by the Government from time to time for the Government Servants appointed on similar post.] [Substituted by Notification No. Nil, dated 24.10.2007-Rajasthan Gazette, Extraordinary, Part IV-C(I) , dated 1.2.2008, p. 165(1), vide G.S.R. 91, enforced w.e.f. 24.10.2007 = 2008 RSCS/Part II/P. 382/H. 198, w.e.f. 24.10.2007.] (4) [ Notwithstanding anything contained in the foregoing provisions, the requirement shall be made by the [Director] [Substituted by Notification No. F. 10(28) /Agriculture/Group-2/78, dated 20.7.1979-Rajasthan Gazette, Part IV-C, dated 2.8.1979, p. 214, dated 20.7.1979 [2.8.1979].] or any officer authorised by him by either of the following methods as he may deem fit:- (i) by selecting the candidates after advertising the posts in daily news papers, or (ii) [ by selecting the candidates after calling for the candidates from local employment exchange of the area and State Sainik Board or District Sainik Board as the case may be.] [Substituted by Notification No. F. 10(28) /Agriculture 2B/78, dated 1.8.1984-Rajasthan Gazette, Extraordinary, Part IV-C, dated 3.8.1984, p. 91, dated 1.8.1984.] ] [Provided that the direct recruitment to the post of Lower Division Clerk, Auction clerk and Auctioneer shall be made by a competitive examination to be conducted by the Director or Authority authorised by the Director as per the scheme and syllabus of the examination specified in Appendix 'E'] [Added by Notification No. G.S.R. 41, dated 6.7.2012.] (5) [] [Renumbered by Notification No. F. 10(28) /Agriculture/Group-2/78, dated 20.7.1979-Rajasthan Gazette, Part IV-C, dated 2.8.1979, p. 214, dated 20.7.1979 [2.8.1979].] (a) All appointments to the inferior posts shall be made by the Market Committees. (b) [ Director or any other authority authorised by him shall allot selected candidates to market committees in the season in the required numbers and pass orders for issuing their appointment orders, mentioning therein that persons to appointed by direct recruitment to the service shall be placed on probation as probationer trainee for two years and shall be paid monthly fixed remuneration during the period of probation at such rates as may be fixed by the Government from time to time for the Government Servants appointed on similar post.] [Substituted by Notification No. Nil, dated 24.10.2007-Rajasthan Gazette, Extraordinary, Part IV-C(I) , dated 1.2.2008, p. 165(1), vide G.S.R. 91, enforced w.e.f. 24.10.2007 = 2008 RSCS/Part II/P. 382/H. 198, w.e.f. 24.10.2007.] [64II. The recruitment to inferior post (Class-IV) shall be done in such a manner as prescribed by the Director provided that wherever necessary requisition shall be sent to the employment exchange clearly mentioning that persons recruitment to the service shall be placed on probation as probationer-trainee for two years and shall be paid monthly fixed remuneration the period of probation at such as may be fixed by the Government from time to time for Government Servants appointed on similar post. The employees of Government undertaking declared surplus may also be absorbed by an order of the Director.] [Substituted by Notification No. Nil, dated 24.10.2007-Rajasthan Gazette, Extraordinary, Part IV-C(I) , dated 1.2.2008, p. 165(1), vide G.S.R. 91, enforced w.e.f. 24.10.2007 = 2008 RSCS/Part II/P. 382/H. 198, w.e.f. 24.10.2007.] [64III. Recruitment of dependents of deceased employees. - The rules for the recruitment of dependents of the employees dying while in service shall be the same as are applicable to the State Government employees.] [Added by Notification No. F. 10(28) /Agriculture 2B/78, dated 1.8.1984-Rajasthan Gazette, Extraordinary, Part IV-C, dated 3.8.1984, p. 91, dated 1.8.1984. [3.8.1984] ] [64-IV. Regularization of irregularly appointed persons. [Inserted by Notification No. G.S.R. 108, dated 24.2.2011 (w.e.f. 5.2.1976).] - Notwithstanding anything contained in these rules, the poisons irregularly appointed on duly sanctioned post of Class-IV employees, Lower Division Clerk or Driver in various Mandi Samitis and completed 10 years of service without break and continuously working as such on the date of commencement of the Rajasthan Agricultural Produce Markets (Market Committee Employees) (Amendment) Rules, 2011, shall be screened by the Committee consisting of- \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| 1 \| Director, Agriculture Marketing Department \| \| Chairman \| \| 2 \| Chief Accounts Officer, Agriculture Marketing Department \| \| Member \| \| 3 \| Joint Director, Agriculture Marketing Department \| \| Member Secretary \| Provided they were eligible for appointment, as per rules on the date of their initial irregular appointment and vacancy is available at the time of screening. The Appointing Authority shall issue appointment order of the person, who is adjudged suitable by the Screening Committee and appointment shall be effective from the date of issue of such appointment order.] [Inserted by Notification No. F. 10(28) /Agriculture 2B/78, dated 1.8.1984-Rajasthan Gazette, Extraordinary, Part IV-C, dated 3.8.1984, p. 91, dated 1.8.1984.] ### 65. Procedure for recruitment by promotion and transfer. - 1. Constitution of Selection Board. - There shall be a selection board for each region, comprising of:- (a) the [Director] [Substituted by Notification No. F. 10(28) Agriculture/Group-II/78, dated 7.6.1980-Rajasthan Gazette, Extraordinary, Part IV-C, dated 7.6.1980, p. 85, dated 7.6.1980.] ; (b) the two other officers, nominated by the Secretary; and (c) two Chairman of the Market Committees of the region, as may be nominated by the [Director] [Substituted by Notification No. F. 10(28) Agriculture/Group-II/78, dated 7.6.1980-Rajasthan Gazette, Extraordinary, Part IV-C, dated 7.6.1980, p. 85, dated 7.6.1980.] The [Director] [Substituted by Notification No. F. 10(28) Agriculture/Group-II/78, dated 7.6.1980-Rajasthan Gazette, Extraordinary, Part IV-C, dated 7.6.1980, p. 85, dated 7.6.1980.] , or in his absence, the Senior Most Officer amongst the nominated officers shall be the Chairman of the Selection Board. The quorum of the Selection Board shall be of 3 members. Note. - Region for this purpose means the region as decided by the [Director] [Substituted by Notification No. F. 10(28) Agriculture/Group-II/78, dated 7.6.1980-Rajasthan Gazette, Extraordinary, Part IV-C, dated 7.6.1980, p. 85, dated 7.6.1980.] ### 2. Criteria for selections. - For purpose of recruitment by promotion to the service a selection, strictly on the basis of the seniority-cum-merit shall be made by the Selection Board from amongst members of the service eligible for promotion, as provided in Appendix 'A'. The Secretary or any officer authorised by him shall thereafter prepare seniority lists of selected candidates in each category on the basis of information/service record, received from the Market Committee. ### 3. Procedure for selection by promotion. - Wherever vacancies in various grades and categories of service are to be filled by promotion, the market committees concerned shall submit their recommendations in order of seniority in the lower grade to the [Director] [Substituted by Notification No. F. 10(28) Agriculture/Group-II/78, dated 7.6.1980-Rajasthan Gazette, Extraordinary, Part IV-C, dated 7.6.1980, p. 85, dated 7.6.1980.] , along with service record of the persons recommended for promotion. ### 4. In selecting candidate for promotion, regard shall be had to their:- (i) Qualifications, knowledge and experience; (ii) Tact, Energy and Intelligence; (iii) Integrity; and (iv) Previous record of service. ### 5. On receipt of the decision of the Selection Board, orders for promotion shall be issued by the Market Committee concerned. [65A. Reservation of vacancies. - (1) Reservation of vacancies for the persons belonging to the Scheduled Castes and Scheduled Tribes shall be in accordance with the orders of the Government for such reservation in force at the time of recruitment i.e. by direct recruitment and by promotion. (2) The vacancies so reserved for promotion shall be filled in by seniority-cum-merit. (3) In filling the vacancies so reserved, the eligible candidates who are members of the Scheduled Caste or Scheduled Tribes shall be considered for appointment in the order in which their names appear in the list prepared for direct recruitment by the Director or the Market Committees as the case may be and by Selection-Board in the case of promotee, irrespective of their relative rank as compared with other candidates. (4) Appointments shall be made strictly in accordance with the rosters prescribed separately for direct recruitment and promotion. In the event of nonavailability of the eligible and suitable candidate amongst Scheduled Castes and Scheduled Tribes, as the case may be, in a particular year, the vacancies so reserved for them shall be filled in accordance with the normal procedure, and an equivalent number of additional vacancies shall be reserved in the subsequent year. Such of the vacancies which remain unfilled shall be carried forward to the subsequent three recruitment years in total and thereafter such reservations would lapse. (5) Reservation of vacancies for disabled persons shall be in accordance with the orders of the Government for such reservation in force at the time of direct recruitment. (6) 12½% of the post of junior clerks (L.D.C.), auction clerks and auctioneers and 15% of the posts of Class IV shall be reserved for being filled in from amongst the ex-service-men in a year by direct requirement in accordance with these rules: provided that if any ex-service-men appointed by direct requirement in pursuance of these rules belonging to a Scheduled Caste or a Scheduled Tribe, his appointment shall be adjusted against the quota reserved for such castes or tribes, as the case may be under these rules.] [Inserted by Notification No. F. 10(28) /Agriculture 2B/78, dated 1.8.1984-Rajasthan Gazette, Extraordinary, Part IV-C, dated 3.8.1984, p. 91, dated 1.8.1984 [3.8.1984].] (7) [ Reservation of vacancies for [Backward Classes, Special Backward Classes and Economically Backward Classes] [Inserted by Notification No. F. 15(24) /Agriculture/Group-2/85, dated 28.5.2008-Rajasthan Gazette, Extraordinary, Part IV-C(I), dated 4.6.2008, vide G.S.R. 40, enforced w.e.f. 28.5.2008 = 2009 RSCS/Part II/P. 83/H. 76, w.e.f. 28.5.2008.] shall be in accordance with the orders of the Government for such reservation in-force at the time of direct requirement. In the event of non-availability of eligible and suitable candidates amongst [Backward Classes, Special Backward Classes and Economically Backward Classes] [Substituted 'Other Backward Classes' by Notification No. G.S.R. 41, dated 6.7.2012.] in a particular year, the vacancies so reserved for them shall be filled in accordance with the normal procedure. (8) Reservation of vacancies for women candidates shall be 30% category wise, in direct recruitment out of which 5% shall be for widow candidates. In the event of non-availability of the eligible and suitable widow candidates in a particular year, the vacancies so reserved for widow candidates shall be filled by other women candidates and the event of non-availability of eligible and suitable women candidates, the vacancies so reserved for them shall be filled up by male candidates and such vacancies shall not be carried forward to the subsequent year and the reservation shall be treated as horizontal reservation i.e. the reservation of women candidates shall be adjusted proportionately in the respective category to which the women candidates belong.] [66. xxx] [Deleted by Notification No. Nil, dated 24.10.2007-Rajasthan Gazette, Extraordinary, Part IV-C(I) , dated 1.2.2008, p. 165(1), vide G.S.R. 91, enforced w.e.f. 24.10.2007 = 2008 RSCS/Part II/P. 382/H. 198, w.e.f. 24.10.2007.] [67. Persons appointed to the service may be transferred from one Market Committee to another by the Director when considered necessary in public interest.] [Substituted by Notification No. F. 15(24) /Agriculture/2B/85, dated 27.7.1991-Rajasthan Gazette, Part IV(C), dated 7.5.1992, p. 158, dated 27.7.1991 [7.5.1992] ] ### 68. Seniority. - Seniority in each category of service shall be determined by the year of substantive appointment to a post in the particular category, provided- ### 1. That if two or more persons are appointed to posts in the same category and in the same year, a person appointed by promotion shall be senior to a person appointed by director recruitment; ### 2. That the seniority inter se of persons appointed to posts in a particular category by direct recruitment on the basis of one and the same selection, shall follow the order in which they have been placed in the list, prepared by the [Director] [Substituted by Notification No. F. 10(28) Agriculture/Group-II/78, dated 7.6.1980-Rajasthan Gazette, Extraordinary, Part IV-C, dated 7.6.1980, p. 85, dated 7.6.1980.] or any officer authorised by him; ### 3. That the seniority inter se of persons appointed to posts in a particular category by promotion, shall follow the order in which they have been placed in the list prepared by the Selection Board under Rule 65(3) , ### 4. [ That the seniority of surplus employees of Government Undertakings observed in the market committee service shall be determined from the date of their joining the market committee service] [Added by Notification No. F. 15(24) /Agriculture/Group-2/85, dated 28.2.1996-Rajasthan Gazette, Extraordinary, Part IV-C(I), dated 2.3.1996, p. 221, vide G.S.R. 101, enforced w.e.f. 28.2.1996 = 1996 RSCS/Part II/P. 181/H. 229, w.e.f 28.2.1996.] . (5) [ That the inter-se seniority of the persons screened under Rule 64-IV, shall be determined according to the length of continuous service from the date of their irregular appointment. These persons shall rank minor to the persons appointed regularly till the date of commencement of the Rajasthan Agricultural Produce Markets (Market Committee Employees) (Amendment) Rules, 2011.] [Added by Notification No. G.S.R. 108, dated 24.2.2011 (w.e.f. 5.2.1976).] Appendix 'A' \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| Name of the post \| Method of recruitment with percentage \| Minimum qualification and experience required for direct recruitment \| Post from which selection by promotion is to be made \| Qualification & experience required for promotion \| Scale \| Seniority \| Remarks \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| 7 \| 8 \| \| 1. Assistant Secretary \| [33% by direct requirement and 67% by promotion amongst and Jr. Accountants in the ratio of 8 :1 respectively] [Substituted by Notification No. F. 15(69) /Agriculture/Group-2B/85, dated 21.6.1991-Rajasthan Gazette, Part IV-C, dated 4.6.1992, p. 238, dt 21.6.1991 [4.6.1992] ] \| Degree in Arts/ Commerce/Science/Agriculture from an University established by law in India, Training in Market Secretary's Course. \| 1. Junior Accountant of Group 'B'2. Supervisor \| 3 Years experience \| 200-15-350-20-450 \| Statewise \| Seniority from the date of order of Sub-appointment \| \| 2. Supervisor \| [100% by promotion] [Substituted by Notification No. F. 10(18) /Agriculture/Group-2/78, dated 5.12.1994-Rajasthan Gazette, Extraordinary, Part IV-C(I), dated 18.12.1994, p. 337, vide G.S.R. 98, enforced w.e.f. 5.2.1994 = 1995 RSCS/Part II/P. 98/H. 68 w.e.f. 5.12.1994] \| [x x x] [Deleted by Notification No. F. 10(18) /Agriculture/Group-2/78, dated 5.12.1994-Rajasthan Gazette, Extraordinary, Part IV-C(I), dated 18.12.1994, p. 337, vide G.S.R. 98, enforced w.e.f. 5.2.1994 = 1995 RSCS/Part II/P. 98/H. 68 w.e.f 5.12.1994.] \| Senior Clerk \| 3 years experience \| 150-8-190-10-210-15-330 \| -do- \| -do- \| \| 3. Senior Clerk (UDC) \| 100% by promotion \| - \| 1. Junior Clerk (L.D.C.)2. Auction Clerk3. Auctioner \| Graduate with 3 years experience or secondary/High School with[5] [Substituted by Notification No. F. 17(38) /Agriculture-1/89, dated 1.2.1991-Rajasthan Gazette, Part IV-C, dated 20.6.1991, p. 41, dated 1.2.1991 [20.6.1991] ]years experience \| 130-8-170-10-210-15-300 \| Regionwise \| Seniority on the basis of continued officiating appointment \| \| 4. Junior Clerk (LDC) \| [15% by promotion and 85% by direct requirement] [Inserted by Notification No. F. 10(28) /Agriculture/Group 2B/78, dated 4.8.1986-Rajasthan Gazette, Extraordinary, Part IV-C, dated 5.8.1986, p. 107, dt 4-8-1986.] \| (A) [ Senior Secondary from a recognised Board or its equivalent examination. [Substituted by Rajasthan Notification No. G.S.R. 41, dated 6.7.2012.] and(B) "O" or Higher Level Certificate Course conducted by DOEACC under control of the Department of Electronics, Government of India. orComputer Operator & Programming Assistant (COPAVData preparation and Computer Software (1JPCS) certificate organised under National/State Council of Vocational Training Scheme. orDiploma in Computer Science/Computer Applications from a University established by law in India or from an institution recognised by the Government. orDiploma in Computer Science & Engineering from a polytechnic institution recognised by the Government. orRajasthan State Certificate Course in Information Technology (RSCIT) conducted by Vardhaman Mahaveer Open University, Kota under control of Rajasthan Knowledge Corporation Limited.] \| Class IV Servants \| (A) [ Senior Secondary from a recognised Board or its equivalent examination. [Substituted by Rajasthan Notification No. G.S.R. 41, dated 6.7.2012.] and(B) "O" or Higher Level Certificate Course conducted by DOEACC under control of the Department of Electronics, Government of India.and orComputer Operator & Programming Assistant (COPAVData preparation and Computer Software (DPCS) certificate organised under National/State Council of Vocational Training Scheme.or orDiploma in Computer Science/Computer Applications from a University established by law in India or from an institution recognised by the Government. orDiploma in Computer Science & Engineering from a polytechnic institution recognised by the Government. orRajasthan State Certificate Course in Information Technology (RSCIT) conducted by Vardhaman Mahaveer Open University, Kota under control of Rajasthan Knowledge Corporation Limited. andFive years' experience on the post mentioned, in column number 4.] \| 110-5-160-8-200-10-230 \| -do- \| -do- \| \| 5. Auction Clerk \| [-do-] [Substituted by Notification No. F. 17(38) /Agriculture-1/89, dated 1.2.1991-Rajasthan Gazette, Part IV-C, dated 20.6.1991, p. 41, dt 1-2-1991 [20-6-1991] ] \| (A) [ Senior Secondary from a recognised Board or its equivalent examination. [Substituted by Rajasthan Notification No. G.S.R. 41, dated 6.7.2012.] and(B) "O" or Higher Level Certificate Course conducted by DOEACC under control of the Department of Electronics, Government of India. orComputer Operator & Programming Assistant (COPA) /Data preparation and Computer Software (DPCS) certificate organised under National/State Council of Vocational Training Scheme. orDiploma in Computer Science/Computer Applications from a University established by law in India or from an institution recognised by the Government. orDiploma in Computer Science & Engineering from a polytechnic institution recognised by the Government. orRajasthan State Certificate Course in Information Technology (RSCIT) conducted by Vardhaman Mahaveer Open University, Kota under control of Rajasthan Knowledge Corporation Limited.] \| -do- \| (A) [ Senior Secondary from a recognised Board or its equivalent examination. [Substituted by Rajasthan Notification No. G.S.R. 41, dated 6.7.2012.] and(B) "O" or Higher Level Certificate Course conducted by DOEACC under control of the Department of Electronics, Government of India. orComputer Operator & Programming Assistant (COPA) /Data preparation and Computer Software (DPCS) certificate organised under National/State Council of Vocational Training Scheme. orDiploma in Computer Science/Computer Applications from a University established by law in India or from an institution recognised by the Government. orDiploma in Computer Science & Engineering from a polytechnic institution recognised by the Government. orRajasthan State Certificate Course in Information Technology (RSCIT) conducted by Vardhaman Mahaveer Open University, Kota under control of Rajasthan Knowledge Corporation Limited. andFive years' experience on the post mentioned in column number 4.] \| -do- \| -do- \| -do- \| \| 6. Auctioner \| [-do-] [Substituted by Notification No. F. 17(38) /Agriculture-1/89, dated 1.2.1991-Rajasthan Gazette, Part IV-C, dated 20.6.1991, p. 41, dt 1-2-1991 [20-6-1991] ] \| (A) [ Senior Secondary from a recognised Board or its equivalent examination. [Substituted by Rajasthan Notification No. G.S.R. 41, dated 6.7.2012.] and(B) "O" or Higher Level Certificate Course conducted by DOEACC under control of the Department of Electronics, Government of India. orComputer Operator & Programming Assistant (COPA) /Data preparation and Computer Software (DPCS) certificate organised under National/State Council of Vocational Training Scheme. orDiploma in Computer Science/Computer Applications from a University established by law in India or from an institution recognised by the Government. orDiploma in Computer Science & Engineering from a polytechnic institution recognised by the Government. orRajasthan State Certificate Course in Information Technology (RSCIT) conducted by Vardhaman Mahaveer Open University, Kota under control of Rajasthan Knowledge Corporation Limited.] \| -do- \| (A) [ Senior Secondary from a recognised Board or its equivalent examination. [Substituted by Rajasthan Notification No. G.S.R. 41, dated 6.7.2012.] and(B) "O" or Higher Level Certificate Course conducted by DOEACC under control of the Department of Electronics. Government of India. orComputer Operator & Programming Assistant iCOPA)/Data preparation and Computer Software (DPCS) certificate organised under National/State Council of Vocational Training Scheme. orDiploma in Computer Science/Computer Applications from a University established by law in India or from an institution recognised by the Government. orDiploma in Computer Science & Engineering from a polytechnic institution recognised by the Government. orRajasthan State Certificate Course in Information Technology (RSCIT) conducted by Vardhaman Mahaveer Open University, Kota under control of Rajasthan Knowledge Corporation Limited. andFive years' experience on the post mentioned in column number 4.] \| -do- \| -do- \| -do- \| \| [6A Driver] [Inserted by Notification No. F. 10(28) /Agriculture/Group 2B/78, dated 4.8.1986-Rajasthan Gazette, Extraordinary, Part IV-C, dated 5.8.1986, p. 107, dt 4-8-1986.] \| 90% direct recruitment 10% by promotion \| Educated upto VIII class with heavy & light duty driving Licence and 3 years experience as Driver and must also possess the following :-(i) Weight not more than 65 kg(ii) Sight 6x6 with or without glasses.(iii) Knowledge of roadside repairs and efficiency in driving to be examined through a trade test by the Appointing Authority. \| Member of the class IVth service of the Market Committee \| Educated upto VIII class with heavy & light duty driving Licence and 3 years experience as Driver and must also possess the following:-(i) Weight not more than 65 kg.(ii) Sight 6 x 6 with or without glasses(iii)Knowledge of roadside repairs and efficiency in driving to be examined through a trade test by the Appointing Authority. \| As per applicable to Junior Clerk (LDC) \| Regionwise \| - \| \| 7. Class IV Servants (1) (a) Daftari(b) Jamadar(2) (a) Peons(b) Farrash(c) Chowkidar \| 100% by promotion -do- 100% by direct recruitment \| Knowledge of reading and writing in Hindi or Vth class Pass from recognised institution -do- \| 1. Peon2. Farrash3. Chowkidar4. Waterma5. Sweeper \| For Daftari(a) Experience in Book binding/ability book binding.For Jamadar(b) Capacity to control peons. \| For Jamadar and Daftari(1) 66-3-90(2) 60-2-70-385 (For others) \| Regionwise \| Seniority from the date of order of substantive appointment. \| \| 100% by direct recruitment \| Literate and knowledge for gardening work \| - \| - \| 750-940 (Scale No. 1) \| -do- \| -do-] \| \| (3) [ Gardener] [Added by Notification No. F. 15(24) /Agriculture/Group-2/85, dated 30.7.1996-Rajasthan Gazette, Extraordinary, Part IV-C(I), dated 3.8.1996, p. 91(2), vide G.S.R. 45, enforced w.e.f. 30.7.1996 = 1996 RSCS/Part II/P. 369/H. 454 w.e.f 30.7.1996.] \| \| Group – B (Accounts) \| \| 8. Accountant \| 60% by promotion 40% by direct recruitment \| Degree in Arts/Science/Commerce from a recognised University \| Junior Accountant \| 3 years experience on the post of Junior Accountant \| 200-15-350-20-450-25-525 \| Statewise \| Direct by competitive examination. \| \| 9. Junior Accountant \| [100 by direct recruitment] [Substituted by Notification No. F. 10(28) /Agriculture/II/B/78, dated 20.9.1986-Rajasthan Gazette, Extraordinary, Part IV-C, dated 20.9.1986, p. 117, dated 20-9-1986.] \| Degree in Arts/Science/Commerce from a recognised University \| Senior Clerk (UDC) \| 3 years experience as senior clerk \| 17-10-210-15-390 \| Regionwise \| [Direct recruitment by Competitive Examination and for promotion on passing the qualifying examination to be conducted by the Director] [Substituted by Notification No. F. 10(28) Agriculture/Group-II/78, dated 7.6.1980-Rajasthan Gazette, Extraordinary, Part IV-C, dated 7.6.1980, p. 85, dated 7-6-1980.] \| \| Group – C (Technical) \| \| 10. Senior Draftsman \| 100% by promotion \| - \| Junior Draftsman \| (i) 5 years service on the post mentioned in Col. 4 \| 180-10-220-15-385-20-425 \| Statewise \| \| \| 11. Junior Draftsman \| 50% by promotion & 50% by direct recruitment \| Hr. Secondary with Diploma or Certificate of Civil Draftsman from recognised Institution \| Tracer \| 7 years experience on the post mentioned in Col. No. 4 \| 130-8-170-10-210-15-300 \| Regionwise \| Seniority from the date of order substantive appointment. \| \| 12. Tracer \| 90% by direct recruitment and 10% by promotion \| Secondary pass with drawing or with intermediate grace drawing Examination Certificate \| Ferroman \| Secondary pass with 5 years experience on the post of Ferroman \| 110-5-160-8-200-10-230 \| Regionwise \| Seniority from the date of order substantive appointment. \| \| 13. Ferroman \| 100% by direct recruitment \| VIII Class pass from recognised School/Institution \| - \| - \| 70-3-94-110 \| Regionwise \| -do- \| \| 14. [ Pump Operator Grade -II] [Added by Notification No. F. 15(24) /Agriculture/Group-2/85, dated 30.7.1996-Rajasthan Gazette, Extraordinary, Part IV-C(I), dated 3.8.1996, p. 91(2), vide G.S.R. 45, enforced w.e.f. 30.7.1996 = 1996 RSCS/Part II/P. 369/H. 454 w.e.f. 30.7.1996.] \| 100% by direct recruitment \| I.T.I. Certificate \| - \| - \| 950-1680 (Scale No. 6) \| Regionwise \| -do- \| \| 15. Electrician Grade-II \| -do- \| I.T.I. Certificate in relevant trade \| - \| - \| 950-1680 (Scale No. 6) \| -do- \| -do- \| Appendix 'B' (See Rule 53) Discipline and Appeal Rules ### 1. The following penalties may, for good and sufficient reasons and as hereinafter provided, be imposed upon an employee of the, market committee- (i) Censure; (ii) Withholding of increments or promotion; (iii) Reduction to a lower post or time scale or to a lower stage in a time scale; (iv) Removal from the service; (v) Dismissal from the; service. Note. - The Discharge- (a) of an employee engaged under contract for a specific period on the expiration of such period in accordance with the terms of his contract; (b) of an employee appointed in a temporary capacity otherwise than under a contract in accordance with the general conditions of service applicable to temporary employee; (c) of an employee for inefficiency due to failure to conform to the requisite standard of Physical fitness; (d) of an employee on reduction of establishment; (e) of an employee who is liable to discharge for failure to attain qualification under the conditions of his service; (f) of an employee remaining absent without permission for more than a month does not amount to removal or dismissal within the meaning of this order. Note 2. - Posts vacated by employee dismissed or removed from service shall not be filled except on an ad hoc basis until the expiry of 6 months from the date of dismissal or removal or if an appeal has been preferred, until a final decision thereon has been reached, whichever is later; Note 3. - Dismissal from service shall disqualify the employee from further employment but removal from service shall not be considered as disqualification. ### 2. Authorities competent to impose penalties. - (I) Penalties specified in [items No. (ii), (iii) (iv) and (v)] [Substituted by Notification No. F. 15(24)/Agriculture/Group-2/85, dated 28.2.1996-Rajasthan Gazette, Extraordinary, Part IV-C(I), dated 2.3.1996, p. 221, vide G.S.R. 101, enforced w.e.f. 28.2.1996 = 1996 RSCS/Part II/P. 181/H. 229, w.e.f. 28.2.1996.] of Para 1 above viz. reduction in rank, removal from service or dismissal from service and withholding of increments or promotions shall not be imposed by the Secretary of the Market Committee until prior approval from the Officer to whom the powers are delegated by the [Director] [Substituted by Notification No. F. 10(28) Agriculture/Group-II/78, dated 7.6.1980-Rajasthan Gazette, Extraordinary, Part IV-C, dated 7.6.1980, p. 85, dated 7.6.1980.] has been received by it. (II) The Secretary of the Market Committee shall be competent to impose the penalty of censure specified in item (i) of the Para 1 above of an employee upto the rank of Junior clerk. In respect of other categories of employees, such penalty shall be imposed by the market committee. ### 3. Removal/Dismissal from service etc. - An employee shall be liable to be removed or dismissed from service or reduced to a lower post or time scale or to a lower stage in a time scale, if found guilty of the following Acts of major misconduct:- (a) Conviction by a criminal court in an offence of Indian Penal Code of by a Court-martial; or (b) Insolvency or habitual indebtedness; or (c) Obtaining employment by concealment of his antecedents, which would have prevented him employment in the Market Committee had they been made known before his appointment to the authority; or (d) Misbehaviour with the departmental officers; or (e) In-subordination or disobedience, whether or not in combination with another of any lawful and reasonable order of superiors; or (f) Theft, fraud or dishonesty in connection with the employers business or property or the theft of property of another employee within the premises of the establishment; or (g) Taking or giving bribe or any illegal gratification; or (h) Habitual absence without leave; or (i) Going to an illegal strike or abetting, inciting, instigating or acting in furtherance thereof or resort to hunger strike; or (j) Wilful slowing down in a performance of work or abetment or instigation thereof; or (k) Drunkenness, intoxication or indecent behaviour in the premises of the establishment; or (l) Commission of an act subversive of discipline; or (m) Gross neglect of work or habitual negligence; or (n) Wilful damage to work in progress or to any property of the establishment; or (o) Gambling within the premises of the establishment; or (p) Refusal to accept a charge sheet, order or other communication served, in accordance with these rules; or (q) Taking out of the establishment any article or material belonging to the establishment without permission; or (r) Engaging of private work or trade; or (s) Any act of omission or commission amounting to misbehaviour in the opinion of the disciplinary authority. ### 4. Procedure for Removal/Dismissal from Service etc. - When an employee is charged with a misbehaviour, the maximum penalty for which is reduction in rank, removal or dismissal from service the penalty shall be imposed only after an enquiry held in the manner hereinafter provided- (i) Definite charges shall be framed and served in writing on the employee concerned, calling upon him to show cause why he should not be reduced in rank or dismissed or removed from service or punished with lesser penalties specified in these rules. He shall be required to submit within such time as may be specified which shall ordinary be not less than 15 clear days from the date he receives the charge sheet, a written explanation and also to state whether he desired to be heard in person; (ii) The explanation furnished by the employee on the charge sheet shall be considered by the officer competent under these rules, to pass an order of reduction in rank or removal or dismissal who, unless he takes steps for holding departmental enquiry, shall thereupon pass such orders as he thinks fit; (iii) If the employee asked to be heard in person or if the officer competent to pass an order of reduction in rank or removal or dismissal considers that the employee should be examined in person, he shall cause a departmental enquiry be held. The employee if he so desires may present his case with the assistance of co-workers. The employee shall be given all reasonable facilities for the conduct of his defence, including the cross examination of witnesses; (iv) For the purpose of preparation of his defence, the employee shall be permitted to inspect and take extracts from such records, as he may specify provided that such permission may be refused,for the reasons to be recorded in writing such records are not relevant for the purpose; (v) At such an enquiry a definite charge shall be framed and explained to the employee in respect of each offence which has not been admitted by him, and the evidence in support of as well as his defence, along with any evidence which he may adduce in defence shall be recorded in his presence; (vi) The report of the enquiry and the findings of each of the charge with reasons, thereof shall be prepared; (vii) The report of enquiry shall be considered and finding on each charge shall be recorded; (viii) The employee shall be supplied with the report and the findings and given a notice stating the action proposed to be taken against him and calling upon him to submit within a specified time, such representation as he may wish to make against the proposed action; (ix) Appropriate orders thereon shall be passed taking into consideration the representation so made, if any and communicated to the employee in writing. Provided that in a awarding punishment, the officer competent to pass an order of dismissal or removal or reduction in rank shall take into account, the gravity of the offence the previous record, if any, of the employee and other extinuating or aggravating circumstances that exist; (x) If he refuses to accept a charge-sheet, order or other communications served in accordance with these orders and provided that he has been asked to accept the charge-sheet etc., in the presence of at least two witnesses, he shall be told verbally the time and place at which the enquiry into his alleged mis-conduct is to be held and if he refuses or fails to attend at the time of enquiry shall be concluded ex-parte. ### 5. (a) An employee whose conduct is undergoing investigation on a charge, the maximum penalty for which is reduction in tank, or dismissal or removal from service may at the discretion of the competent authority be kept under suspension until his case has been finally decided. The period of suspension under this sub-clause shall not ordinarily exceed four months; (b) Subsistence Grant. - An employee under suspension shall be entitled to the following payments, namely:- Subsistence allowance at an amount equal to the salary which an employee would have drawn if he had been on leave on half pay and in addition Dearness Allowance based on such leave salary: Provided that where the period of suspension exceeds six months the authority which made or is deemed to have made the order of suspension shall be competent to vary the amount of subsistence allowance for any period subsequent to this period of the first six months as follows:- (i) the amount of subsistence allowance may be increased by a suitable amount, not exceeding to 50 percent of the subsistence allowance admissible during the period of the first six months if, in the opinion of the said authority, the period of suspension has been prolonged for reasons to be recorded in writing not directly attributable to an employee. (ii) the amount of subsistence allowance may be reduced by a suitable amount, not exceeding 50 percent of the subsistence allowance admissible during the period of the first six months if, in the opinion of the said authority, the period of suspension recorded in writing, directly attributable to an employee. (iii) the rate of dearness allowance will be based on the increased or, as the case may be the decreased amount of subsistence allowance admissible under sub clauses (i) and (ii) above. (iv) any other compensatory allowance admissible from, time to time on the basis or pay which an employee was in receipt on the date of suspension subject to the fulfilment of other conditions laid down for the drawn of such allowance. (v) no payment under sub-clause (i) shall be made unless an employee furnishes a certificate, that he is not engaged in any other employment, business, profession or vocation. (c) If as a result of the enquiry held or explanation tendered it is decided not to take any action against the employee, he shall be deemed to have been on duty and shall be entitled to full salary minus such subsistence allowance as has already been drawn and all other privileges for the period of suspension. (d) If at a result of the enquiry, the suspended employee is awarded punishment other than dismissal or discharge, the disciplinary authorities shall be competent to pass such orders as it thinks necessary for award of salary for the period of suspension. ### 6. Procedure for imposing other penalties. - (1) The penalties specified in item (i) and (ii) of para 1 above may be imposed on any employee in the following circumstance - (a) Absence without leave without sufficient cause; (b) Unpunctual or irregular attendance; (c) Neglect of work or negligence in performing duties; (d) Breach of any rule of business of the establishment or instructions for the running of the establishment; (e) Committing nuisance on the premises of the establishment. (2) Before an order imposing a penalty specified in item (i) and (ii) of para 1 above in the circumstances, mentioned in sub-clause (1) above is passed against an employee, he shall be informed of the definite offences on account of which it is proposed to impose the penalty and called upon to show cause why that or lesser penalty should not be imposed. The employee shall also be given 15 days time for furnishing his explanation and be allowed reasonable facilities for the preparation of his defence. ### 7. With-Holding of increments. - In ordering the with-holding of an increment the competent authority shall state the period for which it is withhold and whether the postponement shall have the effect of postponing future increment. ### 8. Reduction to a lower post. - When an employee is reduced for misconduct to a lower post or time scale, or to a lower stage in a time scale, the authority ordering the reduction shall state the period for which it is effective and whether on expiry of that period, it shall operate to effect the employee's seniority and if so to what extent and with or without accumulative effect. ### 9. Appeals. - (1) Penalties specified in [x x x] [Omitted by Notification No. F. 15(24)/Agriculture/Group-2/85, dated 28.2.1996-Rajasthan Gazette, Extraordinary, Part IV-C(I), dated 2.3.1996, p. 221, vide G.S.R. 101, enforced w.e.f. 28.2.1996 = 1996 RSCS/Part II/P. 181/H. 229 w.e.f. 28.2.1996.] para 1 above shall be appealable; (2) When any of penalties specified in [x x x] [Omitted by Notification No. F. 15(24) /Agriculture/Group-2/85, dated 28.2.1996-Rajasthan Gazette, Extraordinary, Part IV-C(I), dated 2.3.1996, p. 221, vide G.S.R. 101, enforced w.e.f. 28.2.1996 = 1996 RSCS/Part II/P. 181/H. 229 w.e.f. 28.2.1996.] para 1 above is imposed upon an employee, an appeal shall lie to [Director] [Substituted by Notification No. F. 10(28) Agriculture/Group-II/78, dated 7.6.1980-Rajasthan Gazette, Extraordinary, Part IV-C, dated 7.6.1980, p. 85, dated 7.6.1980.] , (3) When the appellate authority imposes a higher penalty than the one appealed against a second appeal shall lie to the State Government provided that no such second appeal shall lie if the higher penalty imposed by the appellate authority is within the competence of the authority who imposed the original penalty on the employee. (4) An appeal against an appealable punishment, shall be preferred within 60 days of the passing of order. Decision of the appellate authority shall be passed within two months of the filing of the appeal and such a decision shall be final and binding on the employee. ### 10. Procedure for submission and disposal of appeals. - (1) Every employee preferring an appeal shall do so separately and in his own name. (2) Every appeal preferred under this chapter shall contain all material statement relied upon by the appellant and shall contain no disrespectful or improper language and shall be complete in itself. (3) Every such appeal shall be addressed to the authority to whom the appeal is preferred through the authority against whose order the appeal is preferred and shall be submitted by such authority to the appellate authority within a period of Seven days. (4) The authority to whom an appeal lies under this chapter shall decide it himself and shall pass such orders as he thinks fit. (5) If the appellate authority proposes to change the penalty imposed by the subordinate authority, the former shall before passing such order, ensure that the procedure prescribed in this chapter is or has been complied with. Appendix 'C' (See Rule 60) Determination of Seniority in the Event of Transfer from One Market Committee to Another ### 1. Such transfers shall be considered as permanent transfers and employees transferred in such cases shall take their position in the respective seniority lists of the new Market Committee, after taking into account their past continuous service, which counts for seniority in that category in the old market committee as hereinafter stated. ### 2. In the event of temporary transfer of any employee from one market committee to another, in the interest of the organisation i.e. when the transfer has been made for a short period but has not been made in connection with the transfer of work, such transfers shall be considered purely temporary and the seniority of the employee shall be maintained in the present market committee. ### 3. An employee transferred to another market committee at his own request will not be given benefit of past service in the new market committee for the purpose of seniority only. His past service, however, counts for benefits due under rule, at the time of termination of service. ### 4. Seniority of employee declared surplus in one market committee but absorbed in another market committee to save them from retrenchment shall be determined in the manner viz; (i) If such an employee is already permanent, he will retain his seniority amongst permanent worker of his category; (ii) If an employee is temporary, he shall not be allowed to count his past service for seniority in the new market committee but will be placed at the bottom of the list of temporary employees of his category for this purpose. His past service will, count for terminal benefits. ### 5. Correct seniority lists shall be maintained by the regional officer for purposes of promotions as well as retrenchments .
65b959beab84c7eca86e8eb4	acts	State of Bihar - Act ---------------------- Bihar Home Guards Service Rules, 2005 --------------------------------------- BIHAR India Bihar Home Guards Service Rules, 2005 ======================================= Rule BIHAR-HOME-GUARDS-SERVICE-RULES-2005 of 2005 --------------------------------------------------- * Published on 2 September 2005 * Commenced on 2 September 2005 Bihar Home Guards Service Rules, 2005 Published vide Notification No. 6629/LHG-1555/2001 dated 2nd September, 2005, published in Bihar Gazette (Extraordinary) No. 502, dated 13.9.2005 Home (Special) Department Notification No. 6629/LHG-1555/2001, the 2nd September, 2005. - In exercise of the powers conferred by proviso to Article 309 of the Constitution of India the Governor of Bihar is pleased to make the following Rules for appointment and promotion in all grades of the Bihar Home Guards Service :- ### 1. Short title, Extent and Commencement. (1) These Rules may be called the Bihar Home Guards Service Rules, 2005. (2) It shall extend to the whole of the State of Bihar. (3) It shall come into force on the date of its publication in the Official Gazette. ### 2. Definitions. - In these Rules, unless the context otherwise requires :- (a) "Bihar Home Guards Act" means the Bihar Home Guards Act, 1947; (b) "Bihar Home Guards Rules" means the Bihar Home Guards Rules, 1953; (c) "Bihar Home Guards Service" means the salaried officers and personnel of the State Home Guards Service; (d) "Governor" means the Governor of Bihar; (e) "Government" means the Government of Bihar; (f) "Commandant General" means Commandant General of Home Guards Services of Bihar; (g) "Additional Commandant General" means Additional Commandant General of Home Guards Services of Bihar; (h) "Deputy Commandant General" means Deputy Commandant General of Home Guards Services of Bihar; (i) "Commandant" means Commandant of Home Guards Services of Bihar; (j) "Headquarter" means the office of Commandant General, Home Guards; (k) "Home Guards" means a person appointed as a Home Guard volunteer under Section 2(a) of the Home Guards Act, 1947 and under Rule 4 of the Home Guards Rules, 1953; (l) "Police Manual" means Bihar Police Manual, 1978 (as amended from time to time); (m) "Department" means the Home (Special) Department of the Government of Bihar. (n) ["Including daily wages employees, sportsman" means Including daily duty allowances paid, sportsman.] [Added by Notification No.L/H.G.-16-03/2018- 6764, dated 23.7.2018 (w.e.f. 13.9.2005).] ### 3. The duties and responsibilities of the paid employees. - Under the control of the Commandant General, the duties and responsibilities of the salaried officers and employees of the different grade shall be as follows :- (a) To train the Home Guards to enable them to serve as an auxiliary to the police and generally help in maintaining internal security, to help the community in any kind of emergency, an air raid, a fire, a flood, an epidemic, natural disasters etc. to provide them leadership in discharging the above responsibilities, to maintain high level of discipline and morale in the force and to be responsible for their welfare. (b) To raise specially trained functional units to provide essential services, such as motor transport, pioneer and engineer groups, fire brigades, nursing and first aid, operation of water and power-supply installations, etc. (c) Deputation of home guards in accordance with the Home Guards Act/Rules, to provide uniform and accouterments as provided from time to time by the headquarter, to exercise administrative control over them and to ensure financial discipline. (d) In addition to the above duties to discharge functions as laid down in the Home Guards Act and Rules as well as the Police Manual and to get those Rules implemented. ### 4. [ Salaried posts. [Substituted by Notification No. L/H.G. 1555-01 - 2913./C, dated 15.3.2010 (w.e.f. 13.9.2005).] (1) Fifty Percent of the following posts to be filled up by direct recruitment mentioned as salaried post" (i) in Rule 4 of the said Rules shall be earmarked for Home Guards (including daily wages employees, sportsmen). \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| Sl. No. \| Name of the Post, as mentioned in B.H.G. Service Rules, 2005 \| On promotion/ direct appointment selection post/posting \| Earmarked for home guards \| Pay scale \| \| 1 \| 2 \| 3 \| 4 \| 5 \| \| 1 \| Gulm-samadeshek cadres:- \| \| 1 \| SI.No.-3 Gulm Samadeshek (Company Commander) \| 50% by promotion and 50% by direct appointment \| 50% post of direct appointment post earmarked for Home Guards (including daily wage employees, sportsmen) \| 5500-9000/- \| \| 2 \| Havildar Cadre:- \| \| \| SI.No.-5 Havildar (Clerk/Instructor) \| 75% by direct appointment and 25% by promotion \| 50% post of direct appointment post, earmarked for Home Guards (including daily wage employees, sportsmen) \| 3200-4900/- \| \| 3 \| Sepoy Cadre :- \| \| \| SI.No.-1 Sepoy SI.No.-2 Sepoy (Driver) \| [25% promotion and 75% direct recruitment] [Substituted by Notification No.L/H.G.-16-03/2018- 6764, dated 23.7.2018 (w.e.f. 13.9.2005).] \| 50% post of direct appointment-post earmarked for Home Guards (including daily wage employees, sportsmen) \| 3050-4590/- \| The existing reservation policy for direct recruitment will also be applied on 50% of the earmarked post for the Home Guard and this will not affect the total reservation percentage of each Cadre post for direct recruitment. (2) There shall be following posts of sub-group "D" of the Bihar Home Guard organization. \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| Sl. \| Designation \| Promotion/Direct appointment/selection post \| Remarks \| \| 1 \| 2 \| 3 \| 4 \| \| 1 \| Record Supplier \| Direct appointment \| 50% post earmarked for home guards (including daily wage employees, sportsmen) \| \| 2 \| Daftari \| Direct appointment \| Do \| \| 3 \| Peon \| Direct appointment \| Do \| \| 4 \| Mali \| Direct appointment \| Do \| \| 5 \| Chowkidar (Watch man) \| Direct appointment \| Do \| \| 6 \| Cook \| Direct appointment \| Do \| \| 7 \| Panbhar (Water Carrier) \| Direct appointment \| Do \| \| 8 \| Washer man (Dhobi) \| Direct appointment \| Do \| \| 9 \| Barber \| Direct appointment \| Do \| \| 10 \| Sweeper (jhadhookash) \| Direct appointment \| Do \| \| 11 \| Carpenter \| Direct appointment \| Do \| The existing reservation policy for direct recruitment will also be applied on 50% of the earmarked post for the Home Guard and this will not affect the total reservation percentage of each Cadre post for direct recruitment.] \| \| \| --- \| \| 4. Salaried posts.- (1) The uniformed Bihar Home Guards service cadres will consist of the following posts :- {\| \| \| Sl. No. \| Name of Post \| Promotion/direct appointment/selection post \| Pay Scale \| \| 1 \| 2 \| 3 \| 4 \| \| \| Commandant Cadre \| \| \| \| 1. \| Senior Divisional Commandant \| Promotion post \| 12,000-16,500 \| \| 2. \| Divisional Commandant \| Promotion post \| 10,000-15,200 \| \| 3. \| District Commandant \| 50% promotion 50% direct recruitment \| 6,500-10,500 \| \| \| Company CommanderCadre \| \| \| \| 1. \| Inspector \| Promotion post \| 6,500-10,500 \| \| 2. \| Inspector (Transport) \| Promotion post \| 6,500-10,500 \| \| 3. \| Company Commander \| 50% promotion 50% direct recruitment \| 5,500-9,000 \| \| 4. \| Company Commander (Armourer) \| Promotion post for Havildar (Armourer) Grade I \| 5,500-9,000 \| \| 5. \| Company Commander (Transport) \| Promotion post for Havildar (Driver) Grade I \| 5,500-9,000 \| \| 6. \| Jamadar Head Clerk \| Selection post for Accounts pass (departmental examination) personnel of the Havildar (Clerk) Grade I, Havildar (Instructor) Grade I, Havildar (Clerk) and Havildar Instructor. \| 4,500-7,000 \| \| \| HavildarCadre \| \| \| \| 1. \| Havildar (Clerk) Grade I \| Promotion post for Havildar (Clerk) \| 4,000-6,000 \| \| 2. \| Havildar (Instructor) Grade I \| Promotion post for Havildar (Instructor) \| 4,000-6,000 \| \| 3. \| Havildar (Armourer) Grade I \| Promotion post for Havildar (Armourer) \| 4,000-6,000 \| \| 4. \| Havildar (Driver) Grade I \| Promotion post for Havildar (Driver) \| 4,000-6,000 \| \| 5. \| Havildar (Clerk) / Havildar Instructor \| 75% direct recruitment 25% promotion \| 3,200-4,900 \| \| 6. \| Havildar (Armourer) \| Promotion post for Sepoys trained for Armourer work. \| 3,200-4,900 \| \| 7. \| Havildar (Driver) \| Promotion post for Sepoy (Driver) \| 3,200-4,900 \| \| \| SepoyCadre \| \| \| \| 1. \| Sepoy \| Direct recruitment \| 3,050-4,590 \| \| 2. \| Sepoy (Driver) \| Direct recruitment \| 3,050-4,590 \| Note.- (i) The earlier sanctioned post of Naik and Lance Naik have been amalgamated with the posts of Sepoy. (ii) From amongst the Sepoys, personnel will be trained to do the work of armourer. Only such Sepoys who have been trained as armourer would be considered for promotion to the posts of Havildar (Armourer), according to seniority and fitness. (iii) 25% posts of the cadre strength of Havildar (Clerk) and Havildar Instructor will be filled up by promotion of Sepoys, whereas promotion to the post of Havildar (Instructor) will be considered on the basis of seniority and fitness. For promotion to the post of Havildar (Clerk) departmental examination prescribed in the Police Manual will be taken. The Remaining cadre strength will be filled up by direct recruitment. If sufficient number of fit Seopys are not available for promotion then with the permission of the Government, direct recruitment percentage may be increased. (iv) Selection to the post ofJamadarHead Clerk will be done as prescribed in these Rules from Havildar (Clerk)/Havildar Instructor/Havildar (Clerk) Grade I/Havildar (Instructor) Grade I. For selection to the post ofJamadarHead Clerk a departmental account examination will be taken. In this examination only those personnel will be eligible who are at least metric pass. (v) Promotion to the post of Havildar (Armourer) Grade I will be done as per seniority from fit Havildar (Armourers). Promotion to the post of Havildar (Clerk) Grade I and Havildar (instructor) Grade I will be done by seniority and fitness from the gradation list of Havildar (Clerk) and Havildar (Instructor. Promotion to the post ofHavildar(Driver) Grade I will be done fromHavildar(Driver). (vi) Promotion to the post of Company Commander (Armourer) will be done from Havildar (Armourer) Grade I as per seniority and fitness. 50% posts of thecadrestrength of the Company Commander will be filled up by promotion on the basis of a joint seniority list of Havildar (Clerk) Grade I, Havildar (Instructor) Grade I andJamadarHead Clerk as per seniority and fitness. Promotion to the post of Company Commander (Transport) will be done from the Havildar (Driver) Grade J as per seniority and fitness. (vii) Promotion to the post of Inspector will be done according to seniority and fitness from a joint gradation list of Company Commander (Armourer) and Company Commander. Promotion to the post of Inspector (Transport) will be done as per seniority and fitness from Company Commander (Transport). (viii) TheKalawadhifor promotion from one post to the other shall be as prescribed by the Personnel & Administrative Reforms Department from time to time. (ix) The place of physical tests for recruitment to different posts, will be located as directed by the Bihar Staff Selection Commission. (x) The Organizational Chart, of all the above mentioned uniformed grades, is according to Schedule-1. (xi) Only confirmed personnel will be eligible for promotion to the next higher post. (xii) All the above mentioned cadres shall be State level cadres. (2) The Bihar Home Guards Organization shall have the following Group-"D" posts.- \| \| \| \| \| --- \| --- \| --- \| \| Sl. No. \| Name of Post \| Promotion/direct appointment/selection post \| \| 1. \| Record Supplier \| Direct Appointment \| \| 2. \| Daftari \| Direct Appointment \| \| 3. \| Peon \| Direct Appointment \| \| 4. \| Mali \| Direct Appointment \| \| 5. \| Watchman \| Direct Appointment \| \| 6. \| Cook \| Direct Appointment \| \| 7. \| Water Carrier \| Direct Appointment \| \| 8. \| Washer Man \| Direct Appointment \| \| 9. \| Barber \| Direct Appointment \| \| 10. \| Sweeper \| Direct Appointment \| \| 11. \| Carpenter \| Direct Appointment \| (3) Other headquarter level non-uniformed non-Gazetted paid posts, which are to be filled up on posting by the Personnel & Administrative Reforms Department or on appointment on recommendation of the Bihar Staff Selection Commission and the post of Doctor in Central Training Institute, Bihta, which is to be filled up on posting by the Health Department, find mention inSchedule-II. \|} ### 5. Appointment and promotion of Sepoy, Sepoy (Driver) , Havildar (Clerk)/Havildar Instructor/Havildar (Armourer)/Havildar (Driver). - (1) Sepoy (i) [ As per para-3(i) of resolution No.-4817 dated 11.06.2012 of Home Department (Police Branch), Bihar, Patna, the Commandant General, Headquarter, Bihar Home Guards will send a requisition of vacancies of Sepoy and Sepoy (driver) to Central Selection Board (Constable Recruitment). The same process for physical fitness and written examination will be followed which is prescribed for the Bihar Police Sepoy and Sepoy (driver).] [Substituted by Notification No. L/H.G.-1703/2016-11076, dated 21.12.2017 (w.e.f. 13.9.2005).] (ii) The Commandant will be the appointing authority. (iii) the minimum educational qualification shall be metric or equivalent. (iv) The minimum age limit shall be 18 years and upper age shall be the same as fixed up by the Government from time to time. (v) Other physical qualifications shall be the same as that prescribed in the Police Manual with respect to Constables. (vi) [(1) Fifty Percent of the posts for direct appointment shall be earmarked for Home Guards (including daily wages employees, sportsman.) [Substituted by Notification No. L/H.G. 1555-01 - 2913./C, dated 15.3.2010 (w.e.f. 13.9.2005).] (2) Appointment of Home Guards (including daily wage employees, sportsman) against the said 50% earmarked posts shall be made subject to the following conditions:- (a) Those having served/worked in the organization for at least 5 years. (b) Those having physical fitness and educational qualification prescribed for the post. (c) They must have at least 10 years of service remaining on the date when their appointment is to be considered.] (vii) Recruited personnel shall remain on probation for one year, who after completion of the said period will be confirmed by the Commandant if found suitable for confirmation. The one essential condition for confirmation will be satisfactory service particulars. Before being confirmed it will be compulsory for the personnel to successfully complete the basic training. If the basic training is not successfully completed within three years of the date of appointment the Commandant may remove such personnel from service. No representation will be entertained against such removal from service. Under special circumstances, such as illness/accident/preoccupation in flood or draught relief work or in any other important relief and rescue work or in the event of the training course not being organized, probation period may be extended by one additional year. (2) Sepoy (Driver) (i) [ As per para-3(i) of resolution No.-4817 dated 11.06.2012 of Home Department (Police Branch), Bihar, Patna, the Commandant General, Headquarter, Bihar Home Guards will send a requisition of vacancies of Sepoy and Sepoy (driver) to Central Selection Board (Constable Recruitment). The same process for physical fitness and written examination will be followed which is prescribed for the Bihar Police Sepoy and Sepoy (driver).] [Substituted by Notification No. L/H.G.-1703/2016-11076, dated 21.12.2017 (w.e.f. 13.9.2005).] (ii) The Commandant will be the appointing authority. (iii) [ The minimum educational qualification of Sepoy and equivalent Posts shall be intermediate pass or equivalent.] [Substituted by Notification No. L/H.G.-1703/2016-11076, dated 21.12.2017 (w.e.f. 13.9.2005).] (iv) the minimum age limit shall be 18 years and upper age will be the same as fixed up by the Government from time to time. (v) Other physical qualifications will be the same as that prescribed in the Police Manual with respect to Constable (driver). (vi) [(1) Fifty Percent of the posts for direct appointment shall be earmarked for home guards (including daily wage employees, sportsman) under the following conditions. [Substituted by Notification No. L/H.G. 1555-01 - 2913./C, dated 15.3.2010 (w.e.f. 13.9.2005).] (a) Those having served/worked in the organization for at least 5 years. (b) Those having physical fitness and educational qualification prescribed for the post. (c) They must have at least 10 years of service remaining on the date when their appointment is to be considered.] (vii) The appointed personnel shall remain on probation for one year, who after completion of the said period will be confirmed by the Commandant if found suitable for confirmation. The one essential condition for confirmation will be satisfactory service particulars and the capability for shouldering the responsibilities commensurate with a higher post. Before being confirmed it will be compulsory for the personnel to successfully complete the basic training. If the basic training is not successfully completed within three years of the date of appointment the Commandant may remove such personnel from service. No representation will be entertained against such removal from service. Under special circumstances, such as illness/accident/preoccupation in flood or draught relief work or in any other important relief and rescue work or in the event of the training course not being organized, the probation period may be extended by one additional year. (3) Havildar (Clerk), Havildar Instructor, Havildar (Armourer) (i) [ As per memo no.-64, dated 06.04.2016 of Home Department (Police Branch), Bihar, Patna, and as per Section- 8(1) of Chapter- III Bihar Police Sub-Ordinate Service Commission Act, 2016, the Commandant General, Headquarter, Bihar Home Guards, Patna will send a requisition for the appointment to the post of Company Commander and having special 'Uniform' holder posts Group-C (excluding Sepoy cadre) as mentioned in Rule 4 of the Bihar Home Guard Service Rules, 2005 (as amended time to time) and Havildar (Clerk) and equivalent post having maximum Grade Pay upto Rs. 4200 as mentioned in Rule 5(3)(i)of the Bihar Home Guard Service Rules, 2005 (as amended time to time) to Bihar Police Sub-Ordinate Service Commission. The same process for physical fitness and written examination will be followed which is prescribed for the recruitment of Bihar Police Sepoy.] [Substituted by Notification No. L/H.G.-1703/2016-11076, dated 21.12.2017 (w.e.f. 13.9.2005).] (ii) To consider promotion to this grade, a departmental promotion committee shall be constituted by the Commandant General. (iii) The Commandant will be the appointing authority. (iv) For direct recruitment the minimum educational qualification shall be Intermediate pass or equivalent. (v) The minimum age limit for direct appointment shall be 18 years and upper age will be the same as fixed by the Government from time to time. (vi) [(1) The appointment of the Home Guards (including daily wages employees, sportsman) on the 50% of the post for direct recruitment shall be made under following conditions:- [Substituted by Notification No. L/H.G. 1555-01 - 2913./C, dated 15.3.2010 (w.e.f. 13.9.2005).] (a) Those having served/worked in the organization for at least 5 years. (b) Those having physical fitness and educational qualification prescribed for the post. (c) They must have at least 10 years of service remaining on the date when their appointment is to be considered.] (vii) The directly appointed personnel shall remain on probation for one year, who after completion of the said period will be confirmed by the Commandant if found suitable for confirmation. The one essential condition for confirmation will be satisfactory service and the capability for shouldering the responsibilities commensurate with a higher post. Before being confirmed it will be compulsory for the directly recruited personnel to successfully complete the basic training. If the basic training is not successfully completed within three years of the date of appointment the Commandant may remove such personnel from service. No representation will be entertained against such removal from service. (4) Havildar (Driver) (i) Sepoy (Driver) will be promoted to the rank of Havildar (Driver) according to seniority and fitness. (ii) Other conditions of promotion shall be the same as prescribed in sub-rule (3) of Rule 5. ### 6. Promotion/Selection of Jamadar Head Clerk/Havildar (Clerk) Grade I/Havildar (Instructor) Grade I/Havildar (Armourer) Grade-I/Havildar (Driver) Grade-I. - (1) Jamadar Head Clerk (i) Only such personnel of the Havildar (Clerk)/ havildar Instructor/Havildar Grade I, who for two continuous years have satisfactorily discharge the account work and whose service particulars and performance during the said period have been found satisfactory, will be permitted by Commandant General to appear in Departmental Accounts examination. After being successful in the Accounts examination they will be considered for selection to the post of Jamadar Head Clerk, according to seniority, fitness and roster points. (ii) The appointing authority shall be the Deputy Commandant General. (iii) The promotion to these posts will be considered by a Departmental Promotion Committee constituted by the Commandant General. (iv) Minutes prepared by the Departmental promotion Committee will be sent to Commandant General. Thereafter on that basis Deputy Commandant General will issue promotion order. (v) Other conditions of promotion shall be the same as prescribed in sub-rule (3) of Rule 5. (2) Havildar (Clerk) Grade I, Havildar (Instructor) Grade I, Havildar (Armourer) Grade I, Havildar (Driver) Grade I Promotion to these posts will-be considered as prescribed in Rule 4. ### 7. Appointment and promotion of Company Commander, Company Commander (Armourer) and Company Commander (Transport), Inspector and Inspector (transport). - (1) Company Commander, Company Commander (Armourer) and Company Commander (Transport) (i) [ As per memo no.-64, dated 06.04.2016 of Home Department (Police Branch), Bihar, Patna, and as per Section- 8(1) of Chapter- III Bihar Police Sub-Ordinate Service Commission Act, 2016, the Commandant General, Headquarter, Bihar Home Guards, Patna will send a requisition for the appointment to the post of Company Commander and having special 'Uniform' holder posts Group-C (excluding Sepoy cadre) as mentioned in Rule 4 of the Bihar Home Guard Service Rules, 2005 (as amended time to time) and Havildar (Clerk) and equivalent post having maximum Grade Pay upto Rs. 4200 as mentioned in Rule 5(3)(i)of the Bihar Home Guard Service Rules, 2005 (as amended time to time) to Bihar Police Sub-Ordinate Service Commission. The same process for physical fitness and written examination will be followed which is prescribed for the recruitment of Bihar Police Sepoy.] [Substituted by Notification No. L/H.G.-1703/2016-11076, dated 21.12.2017 (w.e.f. 13.9.2005).] (ii) The appointing/promoting authority shall be the Deputy Commandant General. (iii) For considering promotion to these posts a Departmental Promotion Committee will be constituted by the Commandant General. (iv) The minutes prepared by the committee will be sent to Commandant General and thereafter on that basis promotion order will be issued by the Deputy Commandant General. (v) The directly appointed officers will remain on probation for a period of one year, on completion of which if found fit for confirmation they will be confirmed by Deputy Commandant General. The essential condition of confirmation will be satisfactory service and the capability of shouldering responsibilities commensurate with a higher post and passing of Departmental examination. (1) [(a) The appointment on the 50% posts of the direct, recruitment, which are earmarked for home guards (including daily wages employees, sportsman) shall be made under following conditions :- [Added by Notification No. L/H.G. 1555-01 - 2913./C, dated 15.3.2010 (w.e.f. 13.9.2005).] (a) Those having served/worked in the organization for at least 5 years. (b) Those having physical fitness and educational'qualification prescribed for the post. (c) They must have at least 10 years of service remaining on the date when their appointment is to be considered.] (2) Inspector and Inspector (Transport) (i) For considering promotion to these posts a Departmental Promotion Committee will be constituted by the Commandant General. (ii) On the basis of recommendation of the Departmental Promotion Committee the promotion will be considered and the promotion order will be issued by the Commandant General. ### 8. Appointment and promotion of District Commandant, Divisional Commandant and Senior Divisional Commandant. - (1) District Commandant appointed by direct recruitment (i) [ 75% posts of cadre strength shall be filled up by direct recruitment and rest 25% posts shall be filled up by promotion from Inspector;] [Substituted by Notification No.L/H.G.-16-03/2018- 6764, dated 23.7.2018 (w.e.f. 13.9.2005).] (ii) The appointment/confirmation/promotion/training/fn/er-se seniority/ inter-se seniority viz-a-viz Officers appointed by promotion and other service conditions would be according to the Rules and procedures as laid down by the Government for the cadre of Deputy Superintendent of Police. (iii) For direct recruitment the minimum and maximum age limits and physical/educational qualifications/probation period etc. shall be the same as that of the directly appointed officers of the cadre of Deputy Superintendent of Police. (2) Promotion to the post of District Commandant (i) The minimum educational qualification for promotion from the rank of Inspector to District Commandant shall be Graduate. (ii) For consideration of promotion of Departmental Promotion Committee shall be constituted under the chairmanship of the Chairman/Member of the Bihar Public Service Commission. (3) Divisional Commandant/ (4) Senior Divisional Commandant The promotion to these posts and other service conditions shall be regulated according to Rules and procedures as laid down by the Government. ### 9. [ [Deleted by Notification No. L/H.G.-1703/2016-11076, dated 21.12.2017 (w.e.f. 13.9.2005).] \\\*] \| \| \| --- \| \| 9. Appointment to Steno (typist) , Record Keeper.- (i) Appointment to these posts will be done on the recommendation of the Bihar Staff Selection Commission. (ii) The Deputy Commandant General will be appointing authority. (iii) For these posts the eligibility, service conditions etc. will be as provided for in the relevant Government Rules. \| ### 10. Appointment to Group "D" posts. - (i) Posts will be filled by direct recruitment. (ii) Appointing authority shall be the Commandant. (iii) The recruitment to these posts will be done by a Selection Committee constituted by the Commandant General under the chairmanship of Commandant. This will include two Divisional Commandants, out of which one will be member of SC/ST. (iv) [ The eligibility, service conditions etc. for these posts shall be same as prescribed for direct recruitment in related post of Office Attendant/ Attendant (Special) in the Bihar Police Force. [Substituted by Notification No.L/H.G.-16-03/2018- 6764, dated 23.7.2018 (w.e.f. 13.9.2005).] (v) 50% reserved posts of the Group `D' for Home Guards (Including daily duty allowances paid, sportsman) shall be filled up on the recommendation of the committee constituted by the Director General of Home Guards Services of Bihar, under the chairmanship of the Commandant, Bihar Home Guards Headquarter, Patna, which shall consist of the Senior most Divisional Commandant and a representative of Scheduled Caste/Scheduled Tribe as members from the Bihar Home Guard Services. The eligibility criteria, service conditions etc. for these posts shall be same as prescribed for direct recruitment in related Group-D posts in the Bihar Police Force.] ### 11. Orders issued by the Commandant General from time to time. - As provided in Sections 7 and 12 of the Police Act and in Rule 8 of the Police Manual the Commandant General may, from time to time, issue Standing Force Orders, which will have the same status as Police Orders issued by the DG & IG-of Police, Bihar. ### 12. Repeal and savings. - All the Rules/circulars and orders issued by the Government will be ipso facto applicable to members of this service in so far as they do not specifically conflict with these Rules. Other matters, not dealt with under these Rules, will be governed by the provisions of the Police Manual. All previous Rules/Order/Directions etc. shall be repealed. I --- Organizational Chart [Rule-4, Note:- ix)] II ---- (a) the following posts will be for non-uniformed personnel :- \| \| \| \| \| --- \| --- \| --- \| \| Sl. No. \| Name of Post \| Promotion/direct appointment/selection post/by posting \| \| 1. \| Steno typist \| Direct appointment \| \| 2. \| Record Keeper \| Direct appointment \| (b) The other non-uniformed salaried posts in the Headquarters will be the following :- \| \| \| \| \| --- \| --- \| --- \| \| Sl. No. \| Name of Post \| Promotion/direct appointment/selection post/by posting \| \| 1. \| Account-cum-Administrative Officer \| By posting \| \| 2. \| Section Officer \| By posting \| \| 3. \| P.A. to Commandant General \| By posting \| \| 4. \| Secretariat Assistant \| By posting \| \| 5. \| Lower Division Clerk \| By posting \| \| 6. \| Typist \| By posting \| \| 7. \| Drafts Man \| By posting \| (c) In Bihar Home Guards Central Training Institute, Bihta there will be a State level Gazetted post of a Medical Officer to be filled up by deputation from the Health department.
65ba850cab84c7eca86ebde8	acts	Union of India - Act ---------------------- The Minerals (Evidence of Mineral Contents) Rules, 2015 --------------------------------------------------------- UNION OF INDIA India The Minerals (Evidence of Mineral Contents) Rules, 2015 ========================================================= Rule THE-MINERALS-EVIDENCE-OF-MINERAL-CONTENTS-RULES-2015 of 2015 ------------------------------------------------------------------- * Published on 17 April 2015 * Commenced on 17 April 2015 The Minerals (Evidence of Mineral Contents) Rules, 2015 Published vide Notification No. G.S.R. 304(E) , dated 17th April, 2015 Ministry of Mines G.S.R. 304(E) . - In exercise of the powers conferred by section 13 of the Mines and Minerals (Regulation and Development) Act, 1957 ( 67 of 1957 ), the Central Government hereby makes the following rules, namely:- ### 1. Short title and commencement. (1) These rules may be called the Minerals (Evidence of Mineral Contents) Rules, 2015. (2) They shall come into force on the date of their publication in the Official Gazette. ### 2. Application. - These rules shall apply to all minerals except - (i) petroleum and natural gas; (ii) coal, lignite and sand for stowing; (iii) minerals listed in Part B of the First Schedule to the Mines and Minerals (Development and Regulation) Act, 1957 ( 67 of 1957 ); and (iv) minor minerals. ### 3. Definitions and interpretation. - In these rules, unless the context otherwise requires, - (a) "Act" means the Mines and Minerals (Development and Regulation) Act, 1957 ( 67 of 1957 ); (b) "composite licence" means a prospecting licence-cum-mining lease issued under sub-section (2) of section 10B or sub-section (3) of section 11of the Act; (c) "conforming" means in a form as near thereto as circumstances of each case may require; (d) "evidence of mineral contents" means the existence of mineral contents established as specified in rule 4, rule 5, or sub-rule (2) of rule 7, as the case may be; (e) "threshold value of minerals" means the limits prescribed by the Indian Bureau of Mines from time to time based on the beneficiability and marketability of a mineral for a given region and given time, below which the material obtained after mining can be discarded as waste; (f) "Schedule" means the Schedule annexed to these rules; (g) the expressions Reconnaissance Survey (G4), Preliminary Exploration (G3), General Exploration (G2), Detailed Exploration (G1), Reconnaissance Mineral Resource (334), Inferred Mineral Resource (333), Indicated Mineral Resource (332), Measured Mineral Resource (331), Probable Mineral Reserve (121 and 122), Proved Mineral Reserve (111), Feasibility Mineral Resource (211), Pre-Feasibility Mineral Resource (221 and 222), Modifying Factors, Geological Study (F3), Pre-Feasibility Study (F2), Feasibility Study (F1), Intrinsically Economic (E3), Potentially Economic (E2) and Economic (E1) used in these rules shall have the meanings assigned to them in Part-I of the Schedule; (h) all other words and expressions used in these rules, but not defined, shall have the same meaning as assigned to them in the Act or the rules made thereunder. ### 4. Determining existence of mineral contents under sub-clause (i) of clause (b) of sub-section (2) of section 10A of the Act: (1) Where an application for grant of prospecting licence or mining lease to a holder of a reconnaissance permit or prospecting licence, as the case may be, has not been submitted before the 12th January, 2015, the holder of such permit or licence shall be deemed to have established the existence of mineral contents under sub-clause (i) of clause (b) of sub-section (2) of section 10A of the Act, if the holder has - (a) In the case of grant of prospecting licence, - (i) carried out Reconnaissance Survey (G4) to establish anomalous zones (areas) worthy of further exploration; and (ii) prepared a geological study report conforming to Part IV of the Schedule and such geological study report has been submitted to the State Government; (b) In the case of grant of mining lease, - (i) carried out at least General Exploration (G2 level) over the area to establish Indicated Mineral Resource (332); and (ii) prepared at least a Pre-Feasibility Study (F2) report to establish Probable Mineral Reserve (121 and 122) conforming to Part V of the Schedule, to plan mining operation for a period of five years from the date of commencement of the mining lease, and such report has been submitted to the State Government. (2) Where an application for grant of prospecting licence or mining lease to a holder of a reconnaissance permit or prospecting licence, as the case may be, has been submitted before the 12th January, 2015, the holder of such permit or licence shall be deemed to have established the existence of mineral contents under sub-clause (i) of clause (b) of sub-section (2) of section 10A of the Act, if the holder has,- (a) In the case of grant of prospecting licence,- (i) carried out reconnaissance operations as per Scheme of Reconnaissance under Mineral Conservation and Development Rules, 1988; and (ii) submitted report to the State Government, after completing reconnaissance operations, in conformity with such Scheme of Reconnaissance and satisfying the conditions laid down in the guidelines for processing Mineral Concession proposals issued by the Central Government in the Ministry of Mines dated 24th June, 2009 and 30th October, 2014; (b) In the case of grant of mining lease, - (i) carried out prospecting operations as per Scheme of Prospecting under Mineral Conservation and Development Rules, 1988; and (ii) submitted report to the State Government, after completing prospecting operations, in conformity with such Scheme of Prospecting and satisfying the conditions laid down in the guidelines for processing Mineral Concession proposals issued by the Central Government in the Ministry of Mines dated 24th June, 2009 and 30th October, 2014. ### 5. Existence of mineral contents for auction of mining lease under sub-section (3) of section 10B and sub-section (2) of section 11 of the Act. - An area shall be considered to be having existence of mineral contents under sub-section (3) of section 10B or sub-section (2) of section 11 of the Act, if, in respect of such area, - (a) at least General Exploration (G2) has been completed to establish Indicated Mineral Resource (332); and (b) a geological study report has been prepared conforming to Part IV of the Schedule. ### 6. Grant of a mining lease through auction in respect of mining leases after expiry of the mining lease period and of leases which have been surrendered, determined or lapsed. - Before notifying any area for grant of mining lease through auction, in respect of - (a) mining lease after expiry of the lease period; and (b) mining lease which has been surrendered, determined or lapsed, a detailed reassessment of resources, in the area proposed to be auctioned shall be carried out in accordance with rule 5. ### 7. Existence of mineral contents for grant of composite licence. (1) An area may be notified for auction to grant a composite licence under sub-section (2) of section 10B or sub-section (3) of section 11 of the Act, if, in respect of such area, - (a) Preliminary Exploration (G3) has been completed to establish Inferred Mineral Resource (333); and (b) a geological study report has been prepared conforming to Part-IVA and Part IV-B of the Schedule. (2) An area shall be considered to be having existence of mineral contents under sub-section (10) of section 11 of the Act, if, in respect of such area, - (a) at least General Exploration (G2) has been completed to establish Indicated Mineral Resource (332); and (b) at least a Pre-Feasibility Study (F2) report has been prepared to establish Probable Mineral Reserve (121 and 122) conforming to Part V of the Schedule, to plan mining operation for a period of five years from the date of commencement of mining lease and such report has been submitted to the State Government. ### 8. Relaxation. - Depending upon the local geological setup, mode of occurrence and nature of mineralisation, the State Government may, with the previous approval of the Central Government, relax the exploration norms as specified in Part III of the Schedule, in whole or in part for any mineral or any area. Schedule ---------- [See rule 3(f) , 3(g), 4(1)(a)(ii), 4(1)(b)(ii), 5(b), 7(1)(b), 7(2)(b)] The terms used, pertaining to levels of exploration and the category of resources and reserves achieved through various levels of exploration have been defined in Part-I of the Schedule. The parameters for establishing the existence of mineral content in an area in terms of quantity and grade have been specified in Part-II, Part-III, Part-IVA, Part-IVB, and Part-V of the Schedule. Part - I Definitions ### 1. The definitions and codes used in Part I of the schedule are drawn mainly from the United Nations Framework Classification (UNFC) version-1997 and Committee for Mineral Reserves International Reporting Standards (CRIRSCO) Template. To the extent found necessary, the definitions given here may be supplemented by reference to UNFC or CRIRSCO. ### 2. The exploration for any mineral deposit involves four stages namely, Reconnaissance Survey (G4), Preliminary Exploration (G3), General Exploration (G2) and Detailed Exploration (G1). These stages of exploration lead to four resource categories namely Reconnaissance Mineral Resource, Inferred Mineral Resource, Indicated Mineral Resource and Measured Mineral Resource respectively reflecting the degree of geological assurance. ### 3. Reconnaissance Survey (G4) identifies areas of enhanced mineral potential based primarily on results of regional geological studies, regional geological mapping, airborne and indirect methods, preliminary field inspection, as well as geological inference and extrapolation. The objective is to identify mineralised areas worthy of further investigation towards deposit identification. Estimates of quantities should only be made if sufficient data are available and when an analogy with known deposits of similar geological character is possible, and then only within an order of magnitude. ### 4. Preliminary Exploration (G3) is the systematic process of searching for a mineral deposit by narrowing down areas of promising enhanced mineral potential. The methods utilised are outcrop identification, geological mapping, and indirect methods such as geophysical and geochemical studies. Limited wide spaced pitting/ trenching/drilling with sampling is made to identify a deposit which will be the target for further exploration. Estimates of quantities are inferred, based on interpretation of geological, geophysical, geochemical and geo-technical investigation results. ### 5. General Exploration (G2) involves the initial delineation of an identified deposit. Methods used include surface mapping, pitting/ trenching/drilling, followed by sampling for evaluation of mineral quantity and quality (including mineralogical tests on laboratory scale if required), and limited interpolation based on indirect methods of investigation. The objective is to establish the main geological features of a deposit, giving a reasonable indication of continuity and providing an initial estimate of size, shape, structure and grade. ### 6. Detailed Exploration (G1) involves the detailed three-dimensional delineation of a known deposit achieved through sampling, such as from outcrops, pits, trenches, boreholes, shafts and tunnels etc. Sampling grids are closely spaced such that size, shape, structure, grade, and other relevant characteristics of the deposit are established with a high degree of accuracy. Processing tests involving bulk sampling may be required. ### 7. Mineral Resource is a concentration or occurrence of solid material of economic interest in or on the earth's crust in such form, grade or quality and quantity that there are reasonable prospects for eventual economic extraction. The location, quantity, grade or quality, continuity and other geological characteristics of a Mineral Resource are known, estimated or interpreted from specific geological evidence and knowledge, including sampling. Mineral Resources are subdivided, in order of increasing geological confidence into Reconnaissance, Inferred, Indicated and Measured resource categories. ### 8. Reconnaissance Mineral Resource (334) are estimates based primarily on indirect evidence and includes data and information generated through a reconnaissance survey. The quantity of data available is generally not sufficient to allow any reasonable estimates of Mineral Resource. ### 9. Inferred Mineral Resource (333) is that part of a Mineral Resource for which quantity and grade or quality are estimated on the basis of limited geological evidence and sampling achieved through a stage of preliminary exploration. An Inferred Resource has a lower level of confidence than that applying to an Indicated Mineral Resource and shall not be converted to a Mineral Reserve. The majority of Inferred Mineral Resources could be upgraded to Indicated Mineral Resources with continued exploration. ### 10. Indicated Mineral Resource (332) is that part of a Mineral Resource for which quantity, grade or quality, densities, shape and physical characteristics are estimated with sufficient confidence to allow the application of Modifying Factors in sufficient detail to support mine planning and evaluation of the economic viability of the deposit. Geological evidence is derived from adequately detailed and reliable exploration, sampling and testing and is sufficient to assume geological and grade or quality continuity between points of observation. An Indicated Mineral Resource has a lower level of confidence than that applying to a Measured Mineral Resource and may only be converted to a Probable Mineral Reserve. ### 11. Measured Mineral Resource (331) is that part of a Mineral Resource for which quantity, grade or quality, densities, shape, and physical characteristics are estimated with confidence sufficient to allow the application of Modifying Factors to support detailed mine planning and final evaluation of the economic viability of the deposit. Geological evidence is derived from detailed and reliable exploration, sampling and testing and is sufficient to confirm geological and grade or quality continuity between points of observation. A Measured Mineral Resource has a higher level of confidence than that applying to either an Indicated Mineral Resource or an Inferred Mineral Resource. It may be converted to a Proved Mineral Reserve or to a Probable Mineral Reserve. ### 12. Mineral Reserve is the economically mineable part of a Measured and Indicated Mineral Resource. It includes diluting materials and allowances for losses, which may occur when the material is mined or extracted and is defined by studies at Pre-Feasibility or Feasibility level as appropriate that include application of Modifying Factors. Probable Mineral Reserve (121 and 122) is the economically mineable part of an Indicated, and in some circumstances, a Measured Mineral Resource. The confidence in the Modifying Factors applying to a Probable Mineral Reserve is lower than that applying to a Proved Mineral Reserve. Proved Mineral Reserve (111) is the economically mineable part of a Measured Mineral Resource. A Proved Mineral Reserve implies a high degree of confidence in the Modifying Factors. Feasibility Mineral Resource (211) A 'Feasibility Mineral Resource' is that part of Measured Mineral Resource which is not economically mineable as , defined by studies at feasibility level. This material is identified as being possibly economically viable subject to changes in technological, economic, and environmental and/or other relevant conditions. Pre-Feasibility Mineral Resource (221 and 222) A 'Prefeasibility Mineral Resource' is that part of an Indicated, and in some circumstances, Measured Mineral Resource, that has been found, by studies at Pre-feasibility level, as not economically viable. This material is identified as being possibly economically viable subject to changes in technological, economic, and environmental and/ or other relevant conditions. ### 13. A Geological Study (F3) is an initial evaluation of Economic Viability. This is obtained by applying meaningful cut off values for grade, thickness, depth, and costs estimated from comparable mining operations. The purpose of the Geological Study is to identify mineralization, to establish continuity, quantity, and quality of a mineral deposit, and thereby define an investment opportunity. Economic viability categories, however, cannot in general be defined from the Geological Study because of the lack of details necessary for an Economic Viability evaluation. The resource quantities estimated may indicate that the deposit is of intrinsic economic interest, i.e. in the range of economic to potentially economic. ### 14. Modifying Factors are those factors which are taken into consideration while conducting a Prefeasibility or feasibility study so as to convert Mineral Resources to Mineral Reserves. These include, but are not restricted to, mining, processing, end use, cut off grade, threshold value, metallurgical, infrastructure, economic, marketing, legal, environmental, social and governmental factors. ### 15. A Pre-Feasibility Study (F2) is a study of a range of options for the economic viability of a mineral project that has advanced to a stage where a preferred mining method, in the case of underground mining, or the pit configuration, in the case of an open pit, is established and an effective method of mineral processing is determined. It includes a financial analysis based on reasonable assumptions on the Modifying Factors and the evaluation of any other relevant factors which are sufficient, to determine if all or part of the Mineral Resource may be converted to a Mineral Reserve at the time of reporting. A Pre-Feasibility Study is at a lower confidence level than a Feasibility Study. ### 16. A Feasibility Study (F1) is a detailed comprehensive economic study of the selected development option for a mineral project that includes appropriately detailed assessments of applicable Modifying Factors together with any other relevant operational factors and detailed financial analysis that are necessary to demonstrate at the time of reporting that extraction is reasonably justified (economically mineable). The confidence level of the study will be higher than that of a Pre-Feasibility Study. ### 17. Intrinsically Economic (E3) Quantities, reported in tonnes or volume with grade/ quality, estimated by means of a Geological Study to be of intrinsic economic interest. Since the Geological Study includes only a preliminary evaluation of Economic Viability, no distinction can be made between economic and potentially economic. These Resources are therefore said to lie in the range of economic to potentially economic. ### 18. Potentially Economic (E2) Quantities, reported in tonnes/ volume with grade/ quality, demonstrated by means of a Prefeasibility Study or Feasibility Study in order of increasing accuracy, not justifying extraction under the technological economic, environmental and other relevant conditions, realistically assumed at the time of the determination, but possibly so in the future. ### 19. Economic (E1) Quantities, reported in tonnes or volume with grade/ quality, demonstrated by means of a Prefeasibility Study or Feasibility Study in order of increasing accuracy, that justify extraction under the technological, economic, environmental and other relevant conditions, realistically assumed at the time of the determination. Part-II Geological Parameters for exploration \| \| \| \| --- \| --- \| \| 1 \| Aerial reconnaissance:Satellite imagery/ remote sensing/ airborne geophysical survey etc. using appropriate technology (applicable mainly for reconnaissance exploration (G4) stage). \| \| 2 \| Topographic & Geological survey (Mapping) :On 1 : 50,000 or smaller scale for reconnaissance (G4) stage; on 1:25000 to 1 : 10,000 or larger scale for preliminary exploration (G3) stage; 1:4000/1 : 5,000 or larger scale for general exploration(G2) stage; on 1 : 2,000 or larger scale for detailed exploration (G1) stage. \| \| 3 \| Ground Geophysical and Geochemical survey:Geophysical and geochemical survey using appropriate techniques as may be necessary. \| \| 4 \| Technological:Exploration and sampling using appropriate techniques from locations such as outcrops, trenches, pits, old workings and drill holes. The sampling locations are spaced suitably (in a grid pattern to the extent possible and may be modified depending on structural complexity) for establishing existence of ore body and its lateral and vertical continuity. Part III of the schedule may be referred for further details. \| \| For General (G2) and detailed (G1) stages of exploration the depth continuity of mineralisation may be considered limited to the depth upto which direct evidence of mineralization is established. \| \| The lateral extension to be considered for resource assessment shall depend on geological considerations supplemented by geological continuity by mapping or by other means and in any case shall not be more than 50% of the grid spacing of the probe points. \| \| Assessment based on selected information such as isolated assays, isolated drill holes, assays of panned concentrates etc. is not recommended. \| \| 5 \| Sampling & sub sampling:(a) Random grab/chip/channel sampling from surface exposure/escarpments/ nallah cuttings/ pit/ channel etc. for reconnaissance stage. \| \| (b) Systematic sampling from pits/ trenches/ outcrops/ workings etc. spaced closely enough to confirm geological and grade continuity for other stages of geological assessment. \| \| (c) Geological logging and sampling of drill core/chip samples at regular interval, preferably meter wise or less for the mineralized portions. \| \| (d) The drill technique to be deployed shall depend on the rock type to be penetrated and with an aim to achieve maximum sample/core recovery. \| \| (e) The exploration samples including surface samples, drill core/ chip samples shall be preserved, for future use. \| \| 6 \| Assay data & Laboratory tests:Analysis of all samples generated for major radicals appropriate to the mineral under investigation. Analysis of byproducts such as Ga in bauxite, Ni, PGE in chromite, Au in iron ore, Ag in lead and zinc, Au in copper ore etc. and other deleterious elements wherever necessary. \| \| 7 \| Petrographic & Mineragraphic studies:Petrographic analysis of mineralized portions to ascertain the rock types and mineral assemblages including grain size, texture, gaunge and its liberation characteristics etc. if considered necessary. \| \| 8 \| Bulk density study:The bulk density must be measured by methods that adequately account for incipient void spaces (vugs, porosity, etc.) in mineral/ ore body \| \| 9 \| Bulk Sampling for Beneficiation studies:Bulk sampling if necessary for testing processing technology. \| \| 10 \| Environmental setting:Details about local infrastructure, host population, historical sites, forests, sanctuaries, national park and base line information on environmental setting of the area to be collected. \| \| 11 \| Any other relevant data:Groundwater, geo-technical and rock characteristics etc. that may be relevant. \| Part -III Exploration Norms for different types of deposits (The grid spacing given below are indicative. A closer spacing may be necessary depending upon the geological complexity of the deposit) \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| \| Type of deposit & principal minerals \| G4 stage \| G3 stage \| G2 stage \| G1 stage \| Remarks \| \| I. Bedded Stratiform and tabular deposits of regular and irregular habit:Iron ore, manganese ore, bauxite, limestone, chromite/ potash and salt beds etc. \| Scout drilling, if necessary (In line with grid specified by the Central Government from time to time) \| For limestone, bauxite, potash and salt beds the grid spacing of bore holes may be 800m or closer for deposits of regular habit and 400m or closer for irregular habit; for others the spacing may be 400m or closer for regular and 200m or closer for irregular habit. \| For limestone, bauxite, potash and salt beds the grid spacing of bore holes may be 400m or closer for regular habit and 200m or closer for irregular habit; for others the spacing may be 200m or closer for regular habit and 100m or closer for irregular habit. \| For limestone, bauxite, potash and salt beds the grid spacing of bore holes may be 200m or closer for regular habit and 100m or closer for irregular habit; for others the spacing may be 100m or closer for regular habit and 50m or closer for irregular habit. \| For shallow surficial deposits continuing to a depth of up to 6m from surface pitting in a grid pattern as per the grid spacing for various levels of prospecting may suffice.For deposits continuing further in depth drilling is recommended. \| \| II. Lenticular bodies of all dimensions including bodies occurring en echelon, silicified linear zones of composite veins. Lenses, pockets, stockworks; irregular shaped modest to small sized bodiesIron and manganese ore bodies in lateritoid terrain, pockety bauxite and nickel-cobalt laterites, base metal sulphides of Cu-Pb-Zn- Sb-Hg, pediform chromite, auriferous quartz reefs, PGM, graphite lenses, molybdenum, tin bodies, pyrite, skarn bodies of scheelite, wollastonite, fluorite etc., vermiculite, magnesite, insitusilimanie and kyanite lenses etc. \| Scout drilling, if necessary (In line with grid specified by the Central Government from time to time) \| Bore-hole spacing along strike may be kept 200-100m or closer interval \| Bore-hole spacing along strike may be kept 100-50m or closer. In specific cases, depending on necessity, it may be brought down to 25m or closer, especially for precious metals. \| Bore-hole spacing along strike may be kept 50-25m or closer interval \| Exploratory mine openings-open pit or underground with bulk determination of grades wherever necessary at G2 and G1 stage. \| \| III. Gem-stones and rare metal pegmatites, reefs and veins/ pipes:Tin-tungsten-tantalum-niobium-molybdenum veins and pegmatites; Beryl, topaz, emerald deposits, diamond, wolframite deposits, pockets/ lenses/ veins of fluorite in carbonatites etc. \| Scout drilling, if necessary (In line with grid specified by the Central Government from time to time.) \| 8 to 10 pits/trenches per sq. km. Bore-holes to test the continuity of host rock, at 200m or closer interval. \| Trenching preferably at 50m. interval Bore-hole to test continuity of host rock at 100-50m or closer interval \| Bore hole spacing may be kept closer to that of G2 stage \| Exploratory mine openings-open pit or underground with bulk determination of grades & recovery wherever necessary at G2 and G1 stage. \| \| IV. Float or Placer deposits:Iron, manganese ore float; Placer tin and gold deposit; garnet, ilmenite, rutile, zircon; diamond, corundum, kyanite, sillimanite floats. \| Scout drilling, if necessary (In line with grid specified by the Central Government from time to time) \| 400m along trend of the deposit and 200m across \| 200m\* along trend of the deposit and 100m across \| 100m\* along the trend of the deposit and 50m across \| For shallow deposits pitting in grid may suffice. Stream sediment or placer sediment sampling as may be required at each stage. Laboratory scale separation and testing and analysis of concentrates. \| \*In case replenishment is reported in placer deposit associated with beach sand, river sand etc., periodic reassessment of resources may be necessary. Part IV – A Reporting of Mineral Resources -------------------------------------------- A Geological Study Report for estimation and reporting of Mineral Resources integrating all data of exploration, sampling and testing generated through aerial, geophysical, geochemical, geological surveys and technological study may be undertaken for every stage of exploration i.e. from G4 to G1 for assessing the resources. The study should incorporate the following contents among other things. \| \| \| \| \| --- \| --- \| --- \| \| Sl. No. \| Contents \| Explanation \| \| 1 \| Title & Ownership \| - Name, address of the prospector including E-mail ID, telephone number. \| \| - Details of period of prospecting/mineral right if any. \| \| - Details of exploration agency, qualification, experience of associated technical persons engaged in exploration. \| \| 2 \| Details of the area \| - Village, District, State \| \| - Survey of India Toposheet No., Geo-coordinates of the area of all corner points \| \| - cadaster details of the area with land use, area under forest with type of forest \| \| - mineral(s) under investigation \| \| 3 \| Infrastructure & Environment \| - Local infrastructure, host population, historical sites, forests, sanctuaries, national park and environmental settings of the area. \| \| 4 \| Previous exploration \| - Details of previous exploration carried out by other agencies/ parties. \| \| - In case the area forms part of the area covered under earlier exploration then the same should be shown in a map with proper scale. \| \| 5 \| Geology \| - Brief regional geology of the area outlining the broad geological, structural frame work. \| \| - Deposit type, geological setting and details of dip, strike, old workings, surface exposures etc. of the area under study also of adjoining nearby areas if the information is likely to have an impact on the area under study. \| \| - Reliable geological map of appropriate scale with geo-coordinates showing major lithological units, structural & tectonic features; extent of surface mineralisation, structure, location of boreholes, pits, trenches, old workings etc. \| \| - Cross sections at suitable intervals showing vertical projections of litho-units and mineralization. \| \| - The extent and variability of the mineralization expressed as length (along strike or otherwise), plan width, and depth below surface to the upper and lower limits of the Mineral Resource. \| \| 6 \| Aerial/ ground geophysical/ geochemical data \| Details of aerial, geophysical & geochemical survey results taken up if any and their results. \| \| 7 \| Technological investigation \| - Details of technological investigation (pitting/ trenching/ drilling etc.) \| \| - Data spacing for reporting of Exploration Results: Whether the data spacing and distribution is based on part I and II of the schedule and is sufficient to establish the degree of geological and grade continuity appropriate for the Mineral Resource estimation procedure(s) and classifications applied. \| \| 8 \| Location of data points. \| - Accuracy and quality of surveys used to locate drill holes (collar and down-hole surveys), trenches, mine workings and other locations used in Mineral Resource estimation. \| \| - Quality and adequacy of topographic control. \| \| 9 \| Sampling Technique \| Nature and quality of sampling (e.g. cut channels, random chips etc.) and measures taken to ensure sample representivity. \| \| 10 \| Drilling technique& drill sampling employed \| - Drill type (e.g. core, reverse circulation, open-hole hammer, rotary air blast, auger, Bangka, sonic etc.) and details (e.g. core diameter, triple or standard tube, collar R.L, azimuth, inclination, coordinates of bore holes etc.). \| \| - Whether core and chip sample recoveries have been properly recorded and results assessed. \| \| - Measures taken to maximise sample recovery and ensure representative nature of the samples. \| \| - Whether a relationship exists between sample recovery and grade and whether sample bias may have occurred due to preferential loss/ gain of fine/ coarse material. \| \| Logging: - Whether core and chip samples have been logged to a level of detail to support appropriate Mineral Resource estimation, mining studies and metallurgical studies. \| \| 11 \| Sub-sampling techniques and sample preparation \| - If core, whether cut or sawn and whether quarter, half or all core taken. \| \| - If non-core, whether riffled, tube sampled, rotary split etc. and whether sampled wet or dry. \| \| - For all sample types, the nature, quality and appropriateness of the sample preparation technique. \| \| - Quality control procedures adopted for all sub-sampling stages to maximize representivity of samples. \| \| - Measures taken to ensure that the sampling is representative of the in situ material collected. \| \| - Whether sample sizes are appropriate to the grain size of the material being sampled. \| \| 12 \| Quality of assay data and laboratory tests \| The nature, quality and appropriateness of the assaying and laboratory procedures used and whether the technique is considered partial or total. \| \| Nature of quality control procedures adopted (e.g. standards, blanks, duplicates, external laboratory checks) and whether acceptable levels of accuracy (i.e. lack of bias) and precision have been established. \| \| Check analysis of atleast 10% of samples may be analyzed from third party NABL accredited/ or department of science & technology (DST) / BIS recognized laboratories or government laboratories for assessing the acceptable levels of accuracy. \| \| 13 \| Moisture. \| - Whether the tonnages are estimated on a dry basis or with natural moisture, and the method of determination of the moisture content. \| \| 14 \| Bulk Density \| Whether assumed or determined. If assumed, the basis for the assumptions. If determined, the method used, whether wet or dry, the frequency of the measurements, the nature, size and representativeness of the samples. \| \| 15 \| Resource estimation techniques \| - Discussion on sufficient data density to assure continuity of mineralization and synthesis adequate data base for estimation procedure used. \| \| - The nature and appropriateness of the estimation technique(s) applied and key assumptions, including treatment of extreme grade values, domaining, interpolation parameters, maximum distance of extrapolation from data points. \| \| - The basis for the classification of the Mineral Resources into varying confidence categories. \| \| - The assumptions made regarding recovery of byproducts. \| \| - Detailed description of the method used and the assumptions made to estimate tonnages and grades (section, polygon, inverse distance, geo-statistical, or other method). \| \| - Description of how the geological interpretation was used to control the resource estimates. \| \| - Discussion of basis for using or not using grade cutting or capping. If a computer method was chosen, description of programmes and parameters used. \| \| - Geo-statistical methods are extremely varied and should be described in detail. The method chosen should be justified. The geo-statistical parameters, including the variogram, and their compatibility with the geological interpretation should be discussed. Experience gained in applying geo-statistics to similar deposits should be taken into account. \| \| - Data verification and/ or validation procedures used. \| \| 16 \| Further work \| - The nature and scale of planned further work (e.g. tests for lateral extensions or depth extensions or large scale step-out drilling). \| \| 17 \| Annexures/ enclosures to the report \| The report shall include all relevant data including maps, sections, logs, analysis reports, photographs etc. in support of the estimates made. \| \| 18 \| Any other information \| Any other information as may be available or required by any authority as prescribed \| Part IV – B Estimation and Reporting of Diamonds and other Gemstones ---------------------------------------------------------------------- Criteria listed in Part IVA also apply to this group; additional guidelines are available in the 'Guidelines for the Reporting of Diamond Exploration Results' issued by the Diamond Exploration Best Practices Committee established by the Canadian Institute of Mining, Metallurgy and Petroleum. \| \| \| \| \| --- \| --- \| --- \| \| 1 \| Indicator minerals \| - Reports of indicator minerals, such as chemically/ physically distinctive garnet, ilmenite, chrome spinel and chrome diopside, should be prepared by a suitably qualified laboratory. \| \| 2 \| Source of diamonds. \| - Details of the form, shape, size and colour of the diamonds and the nature of the source of diamonds (primary or secondary) including the rock type and geological environment. \| \| 3 \| Sample collection. \| - Type of sample, whether outcrop, boulders, drill core, reverse circulation drill cuttings, gravel, stream sediment or soil, and purpose, e.g. large diameter drilling to establish stones per unit of volume or bulk samples to establish stone size distribution. \| \| - Sample size, distribution and representativity. \| \| 4 \| Sample treatment. \| - Type of facility, treatment rate, and accreditation. \| \| - Sample size reduction. Bottom screen size, top screen size and re-crush. \| \| - Processes (dense media separation, grease, X-ray, hand-sorting etc.). \| \| - Process efficiency, tailings auditing and granulometry. \| \| - Laboratory used, type of process for micro diamonds and accreditation. \| \| 5 \| Carat \| One fifth (0.2) of a gram (often defined as a metric carat or MC). \| \| 6 \| Sample grade. \| - Sample grade in this section is used in the context of carats per units of mass, area or volume. \| \| - The sample grade above the specified lower cut-off sieve size should be reported as carats per dry metric tonne and/or carats per 100 dry metric tonnes. For alluvial deposits, sample grades quoted in carats per square metre or carats per cubic metre are acceptable if accompanied by a volume to weight basis for calculation. \| \| - In addition to general requirements to assess volume and density there is a need to relate stone frequency (stones per cubic metre or tonne) to stone size (carats per stone) to derive sample grade (carats per tonne). \| \| 7 \| Reporting of Bulk Exploration Results \| - Complete set of sieve data using a standard progression of sieve sizes per facies. sampling results, global sample grade per facies. Spatial structure analysis and grade distribution. Stone size and number distribution. Sample head feed and tailings particle granulometry. \| \| - Sample density determination. \| \| - Per cent concentrate and under size per sample. \| \| - Sample grade with change in bottom cut-off screen size. \| \| - Adjustments made to size distribution for sample plant performance and performance on a commercial scale. \| \| - If appropriate or employed, geo-statistical techniques applied to model stone size, distribution or frequency from size distribution of exploration diamond samples. \| \| - The weight of diamonds may only be omitted from the report when the diamonds are considered too small to be of commercial significance. This lower cut-off size should be stated. \| \| 8 \| Grade estimation for reporting Mineral Resources and Ore Reserves. \| - Description of the sample type and the spatial arrangement of drilling or sampling reporting Mineral designed for grade estimation. \| \| - The sample crush size and its relationship to that achievable in a commercial treatment plant. \| \| - Total number of diamonds greater than the specified and reported lower cut-off sieve size. \| \| - Total weight of diamonds greater than the specified and reported lower cut-off sieve size. \| \| - The sample grade above the specified lower cut-off sieve size. \| \| 9 \| Value estimation. \| - Valuations should not be reported for samples of diamonds processed using total liberation method, which is commonly used for processing exploration samples. \| \| - To the extent that such information is not deemed commercially sensitive, Public Reports should include: \| \| • Diamonds quantities by appropriate screen size per facies or depth. \| \| •Details of parcel valued. \| \| •Number of stones, carats, lower size cut-off per facies or depth. \| \| • The average $/carat and $/tonne value at the selected bottom cut-off should be reported in US Dollars. The value per carat is of critical importance in demonstrating project value. \| \| • The basis for the price (e.g. dealer buying price, dealer selling price etc.). \| \| • An assessment of diamond breakage. \| \| 10 \| Classification. \| - In addition to general requirements to assess volume and density there is a need to relate stone frequency (stones per cubic metre or tonne) to stone size (carats per stone) to derive grade (carats per tonne). The elements of uncertainty in these estimates should be considered, and classification developed accordingly. \| Part-V Contents of Prefeasibility Report Contents of a Prefeasibility Report for Estimation and Reporting of Mineral Reserves based on a Geological Report prepared as per Part IV-A and Part IV-B. The Geological Study Report shall also form a part of the Prefeasibility Report. \| \| \| \| \| --- \| --- \| --- \| \| Sl. No. \| Contents \| Explanation \| \| 1 \| Mineral Resource estimate for conversion to Mineral Reserve \| - Description of Mineral Resource estimate used as a basis for the conversion to a Mineral reserve. \| \| - Clear statement as to whether the Mineral Resources are reported additional to, or inclusive of, the Mineral Reserves. \| \| - The type and level of study undertaken to enable Mineral Resources to be converted to Mineral Reserves i.e. Prefeasibility/ Feasibility level. \| \| 2 \| Cut off Parameters \| - The basis of the adopted cut-off grade(s) or quality parameters applied, including the basis, if appropriate, of equivalent metal formulae& the threshold values prescribed. \| \| 3 \| Mining factors or assumptions \| - The method and assumptions used to convert the Mineral Resource to a Mineral Reserve (i.e. either by application of appropriate factors by optimisation or by preliminary or detailed design supported with Conceptual plan for mining). \| \| - Anticipated Ore to OB ratio, mine recoveries, dilutions etc. for both open cast and U/G workings. \| \| - The choice of, the nature and the appropriateness of the selected mining method(s) , the size of the selected mining unit (length, width, height) and other mining parameters including associated design issues such as pre-strip, access, etc. \| \| - The assumptions made regarding geo-technical parameters (eg. pit slopes, stope sizes, etc.), grade control and pre-production drilling. \| \| - The major assumptions made and Mineral Resource model used for pit optimisation (if appropriate). \| \| - The mining dilution factors, mining recovery factors, and minimum mining widths used. \| \| - The infrastructure requirements of the selected mining methods. Where available, the historic reliability of the performance parameters. \| \| 4 \| Metallurgical factors or assumptions \| - The metallurgical process proposed and the appropriateness of that process to the type of deposit. \| \| - The nature, amount and representativeness of metallurgical test work undertaken and the metallurgical recovery factors applied. \| \| -Any assumptions or allowances made for deleterious elements. \| \| - The existence of any bulk sample or pilot scale test work and the degree to which such samples are representative of the ore body as a whole. \| \| - The tonnages and grades reported for Mineral Reserves should state clearly whether these are in respect of material to the plant or after recovery. Comment on existing plant and equipment, including an indication of replacement and salvage value. \| \| 5 \| Cost and revenue factors \| - The derivation of, or assumptions made, regarding projected capital and operating costs. \| \| - The assumptions made regarding revenue including head grade, metal or commodity price(s) exchange rates, transportation and treatment charges, penalties, etc. \| \| - The allowances made for royalties payable, both Government and private. \| \| - Basic cash flow inputs for a stated period. \| \| - Yearly planned production, Net Present Value (NPV) and Internal Rate of Return (IRR) of the deposit, intrinsic value of the deposit based on annual projected production. \| \| 6 \| Market assessment \| - The demand, supply and stock situation for the particular commodity, consumption trends and factors likely to affect supply and demand into the future. \| \| - A customer and competitor analysis along with the identification of likely market windows for the product. \| \| - Price and volume forecasts and the basis for these forecasts. \| \| - For industrial minerals the customer specification, testing and acceptance requirements prior to a supply contract. \| \| 7 \| Other modifying factors \| - The effect, if any, of natural risk, infrastructure, environmental, legal, marketing, social or governmental factors on the likely viability of a project and/or on the estimation and classification of the Mineral Reserves. \| \| - The status of titles and approvals critical to the viability of the project, such as mining leases, discharge permits, government and statutory approvals. \| \| - Environmental descriptions of anticipated liabilities. Location plans of mineral rights and titles. \| \| 8 \| Classification \| - The basis for the classification of the Mineral Reserves into varying confidence categories. \| \| - Finalization of estimates of grade wise mineable quantities in contemplation with proposed preliminary mine design/ conceptual plan subject to all necessary approvals/ contracts have been confirmed or there are reasonable expectations that all such approvals/ contracts will be obtained within a reasonable time frame and with certification that that Economic viability is not affected by short-term adverse market conditions provided that longer-term forecasts remain positive. \|
65ba7e90ab84c7eca86ebaea	acts	Union of India - Act ---------------------- The Sheekakai Grading and Marking Rules, 2008 ----------------------------------------------- UNION OF INDIA India The Sheekakai Grading and Marking Rules, 2008 =============================================== Rule THE-SHEEKAKAI-GRADING-AND-MARKING-RULES-2008 of 2008 ----------------------------------------------------------- * Published on 31 January 2008 * Commenced on 31 January 2008 The Sheekakai Grading and Marking Rules, 2008 Published vide Notification No. G.S.R. 66(E) , dated 31st January, 2008 Ministry of Agriculture (Department of Agriculture and Co-operation) G.S.R. 66(E) . - Whereas the draft of Sheekakai Grading and Marking Rules, 2007, in exercise of the powers conferred by section 3 of the Agricultural Produce (Grading and Marking) Act, 1937 (1 of 1937) was published vide notification Number G.S.R. 153 dated 6th July, 2007, in the Gazette of India, Part II, Section 3, Sub-section (i), inviting objections and suggestions from all persons likely to be affected thereby within forty five days from the date on which copies of the said notification published in the Gazette of India were made available to the public. And whereas copies of the said notification were made available to the public on 23rd August, 2007. And whereas the objections and suggestions received from the public in respect of the said draft rules have been duly considered. Now, therefore, in exercise of the powers conferred by section 3 of the Agricultural Produce (Grading and Marking) Act, 1937, and in supersession of Sheekakai Powder Grading and Marking Rules, 1973, the Central Government hereby makes the following rules, namely:- Rules ### 1. Short title, application and commencement. (1) These rules may be called the Sheekakai Grading and Marking Rules, 2008. (2) They shall apply to Sheekakai Pods and Sheekakai Powder obtained from pods of Acacia concinna D.C. [Acacia sinuata (lour) Merryl syn]. (3) 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- (i) "Authorized packer" means a person or body of persons who has been granted the certificate of authorization to grade and mark Sheekakai pods and Sheekakai powder in accordance with the grade standards and procedure prescribed under these rules; (ii) "Agricultural Marketing Adviser" means the Agricultural Marketing Adviser to the Government of India; (iii) "Certificate of Authorization" means a certificate issued under the provisions of General Grading and Marking Rules, 1988 authorizing a person or a body of persons to grade and mark Sheekakai pods and Sheekakai powder with the grade designation mark; (iv) "General Grading and Marking Rules" means the General Grading and Marking Rules, 1988 made under section 3 of the Agricultural Produce (Grading and Marking) Act, 1937 (1 of 1937); (v) "Grade designation" means a designation prescribed as indicative of the quality of Sheekakai pods and Sheekakai powder shall be as set out in column 1 of Schedules II and III; (vi) "Grade designation mark" means the "Agmark Insignia" referred to in rule 3; (vii) "Schedule" means a Schedule appended to these rules. (viii) "Sheekakai pods" mean pods obtained from Acacia concinna D.C. [Acacia sinuata (lour) Merryl syn.]. (ix) "Sheekakai powder" means the produce obtained by grinding pods of Acacia concinna D.C. [Acacia sinuata (lour) Merryl syn.]. ### 3. Grade designation mark. - The grade designation mark shall consist of "Agmark Insignia" consisting of a design incorporating the certificate of authorization number, the word "Agmark", name of commodity and grade designation resembling the one as set out in Schedule I. ### 4. Quality. - The quality of Sheekakai Pods and Sheekakai Powder shall be as set out in schedule II and III. ### 5. Method of packing. (1) Sheekakai pods and Sheekakai powder shall be packed only in sound, clean and dry containers made of jute, card board cartons, cloth bags (for Sheekakai Powder suitable inner linings shall be used), laminated polyethylene or poly propylene or high density polyethylene bags, pouches or any other packaging material duly approved by the Agricultural Marketing Adviser or any officer authorized by him in this behalf; (2) The container shall be free from any insect infestation or fungus contamination and also free from any undesirable or obnoxious smell; (3) Sheekakai pods or powder shall be packed in such a way as to protect the produce properly. The container shall be securely closed and sealed in a manner approved by the Agricultural Marketing Adviser or an officer authorized by him in this behalf; (4) The materials used inside the package must be new, clean and of such a quality as to avoid causing any damage to the produce; (5) The use of materials particularly of paper or stamps bearing trade specifications is permitted provided the printing or labeling has been done with non toxic ink or glue; (6) Each package shall contain Sheekakai pods or powder of one grade designation only. Suitable number or small packets of Sheekakai pods or powder containing graded material of the same lot/batch and grade designation may be packed in a master container such as jute bags, wooden cases, cardboard cartons etc., with details on master containers; (7) The Sheekakai pods and powder shall be packed in the pack sizes as per instructions of Agricultural Marketing Adviser issued from time to time. ### 6. Method of Marking. (1) The grade designation mark shall be securely affixed to or printed on each packages in manner approved by the Agricultural Marketing Adviser or an officer authorized by him in this behalf in accordance with rule 11 of the General Grading and Marking Rules, 1988. (2) In addition to the grade designation mark, the following particulars shall be clearly and indelibly marked on each package, namely; (a) Name of the commodity; (b) Variety (optional); (c) Grade designation; (d) Name and address of the packer; (e) Net weight/No. of unit; (f) Storage condition if any (optional); (g) Place of origin; (h) Date of packing;\* (i) Best before date (wherever applicable); (j) Lot/Batch number; (k) Maximum retail price (inclusive of all taxes); (l) Place of packing/manufacturing; (m) Any other particulars as may be specified by the Agricultural Marketing Adviser. (3) The ink used for marking on packages shall be of such quality which may not contaminate the product. (4) The authorized packer, may, after obtaining prior approval of the Agricultural Marketing Adviser or an officer authorized by him in this behalf, mark his private trade mark or trade brand on the graded packages provided that the same do not indicate quality other than that indicating by the grade designation mark affixed to the graded packages in accordance with these rules. ### 7. Sheekakai Pods and Sheekakai Powder may be graded and marked as per buyer's requirements for export provided minimum requirements specified in the relevant schedule are met. ### 8. Special conditions for grant of certificate of authorization: In addition to the conditions specified under the sub-rule (8) of rule 3 of the General Grading and Marking Rules, 1988, the following shall be the special conditions of every certificate of authorization issued for the purpose of these rules:- (1) The authorized packer shall either set up his own laboratory manned by a qualified chemist approved by the Agricultural Marketing Adviser or an officer authorized by him in this behalf in accordance with rule 9 of the General Grading and Marking Rules, 1988 for testing the quality of Sheekakai pods and powder or have access to the State Grading Laboratory or Private Commercial Laboratory approved for the purpose; (2) The premises shall be maintained in hygienic and sanitary conditions with proper ventilations and well lighted arrangement. The personnel engaged in these operations shall be in sound health and free from any infectious contagious or communicable diseases; (3) The premises shall have adequate storage facilities with pucca floor and free from rodent and insect infestation; (4) The authorized packer and the approved chemist shall observe all instructions regarding testing, grading, packing, marking, sealing and maintenance of records which may be issued from time to time by the Agricultural Marketing Adviser or any other officer authorized by him in this behalf from time 10 time. \* The date of packing shall be the date of completion of the analysis of the sample. I --- (See Rule-3) Design of the Agmark Insignia Name of the Commodity ....................................................... Grade ................................................................................. II ---- (See rules 2 and 4) Grade Designation and Quality of Sheekakai Pods ### 1. Sheekakai pods shall be matured and dried fruits obtained from varieties of Acacia concinna D.C. [Acacia sinuata (lour) Merryl syn]. ### 2. Minimum Requirements:- (i) Sheekakai pods shall be (a) sound; (b) clean, well dried; (c) uniform in colour, shape and size; (d) free from insect infestations, live insect, dead insects, insect fragments, mould, mites, larvae and added colouring matter; (e) free from fermented and musty odours; (f) free from fungal growth. (ii) Sheekakai pods shall be sufficiently developed and display satisfactory ripeness. ### 3. Criteria for grade designation: \| \| \| \| --- \| --- \| \| Grade designation \| Special Characteristics \| \| Moisture, % by mass \| Loose seeds % by mass \| Organic extraneous matter % by mass \| Inorganic extraneous matter % by mass \| Damaged and insect bored pods, % by mass \| \| \| Max. \| Max. \| Max. \| Max. \| Max. \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| \| Special \| 10.0 \| Nil \| 1.0 \| Nil \| 5.0 \| \| Standard \| 12.0 \| 1.0 \| 2.0 \| 0.5 \| 7.0 \| \| General \| 14.0 \| 2.0 \| 3.0 \| 1.0 \| 10.0 \| Explanations: (a) "Damaged and insect bored pods" includes pods which are damaged or which have been bored or attacked by weevils or other insects; (b) "Inorganic extraneous matter" includes dust, dirt, stones, earth or any other inorganic foreign matter; (c) "Organic extraneous matter" includes straw or chalf, stalks, stems and other organic foreign matter. ### 4. Other Requirements: - Sheekakai Pods shall be in merchantable condition. III ----- (See rules 2 and 4) Grade Designation and Quality of Sheekakai Powder ### 1. Sheekakai powder shall be obtained from clean, well dried, matured and wrinkled pods of varieties Acacia concinna D.C. [Acacia sinuata (lour) Merryl syn.] by powdering through suitable means. ### 2. Minimum Requirements: - (i) Sheekakai powder shall be. (a) clean, well dried and free from lumps; (b) uniform in colour; (c) free of any visible foreign matter; (d) free from insect infestations, live insect, dead insects; insect fragments, mould, mites, larvae, rodent hair and excreta; (e) free from fermented and musty odors; (f) free from dirt, extraneous matter like added colouring matter and other type of adulterants; (g) free from fungal growth. ### 3. Criteria for grade designation : \| \| \| \| --- \| --- \| \| Grade designation \| Special Characteristics \| \| Moisture, % by mass \| Total ash, % by mass \| Acid Insoluble ash, % by mass \| Crude fibre % by mass \| Alcohol soluble extract % by mass \| Retention on 500 micron sieve % by mass \| \| \| (Max.) \| (Max.) \| (Max.) \| (Max.) \| (Mini.) \| (Max.) \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| 7 \| \| Special \| 9.0 \| 5.0 \| 1.0 \| 10.0 \| 35.0 \| 1.0 \| \| Standard \| 11.0 \| 8.0 \| 3.0 \| 12.0 \| 30.0 \| 3.0 \| \| General \| 13.0 \| 10.0 \| 4.0 \| 15.0 \| 25.0 \| 5.0 \| ### 4. Other Requirements : - Sheekakai powder shall be in merchantable condition .
65b92921ab84c7eca86e8758	acts	State of Uttar Pradesh - Act ------------------------------ Uttar Pradesh Right to Information Rules, 2015 ------------------------------------------------ UTTAR PRADESH India Uttar Pradesh Right to Information Rules, 2015 ================================================ Rule UTTAR-PRADESH-RIGHT-TO-INFORMATION-RULES-2015 of 2015 ------------------------------------------------------------ * Published on 3 December 2015 * Commenced on 3 December 2015 Uttar Pradesh Right to Information Rules, 2015 Published vide Notification No. 544/43-2-2015-Su.Aa.Ni. 2015(1) 2015, Lucknow dated 3.12.2015 Last Updated 27th February, 2020 Notification No. 544/43-2-2015-Su.Aa.Ni. 2015(1) 2015. - In exercise of the powers conferred by section 27 of the Right to Information Act, 2005 (Act no. 22 of 2005) read with section 21 of the General Clauses Act, 1897 (Act no. 10 of 1897) and in supersession of notification no. 1724/43-2-2006-15/2(2)/03(T.C.)-19, dated November 27, 2006 regarding the Uttar Pradesh State Information Commission (Appeal Procedure) Rules, 2006 and notification no. 528/43-2-2006, dated April 13, 2006 regarding the Uttar Pradesh Right to Information (Regulation of Fee and Cost) Rules, 2006, except in respect of things done or omitted to be done before such supersession, the Governor is pleased to make the following rules: ### 1. Short title and commencement. (1) These rules may be called the Uttar Pradesh Right to Information Rules, 2015. (2) They shall come into force with effect from the date of their publication in the Gazette. (3) Complaints and appeals which have already been filed on or before the date of commencement of these rules and have been found in order and are already registered before the said date will be proceeded with as before and shall not abate or be rejected for infirmity therein. ### 2. Definitions. (1) In these rules, unless the context otherwise requires - (a) "Act" means the Right to Information Act, 2005 (Act no. 22 of 2005); (b) "Appellant" means a person who has filed an appeal under section 19 of the Act; (c) "Authorised Representative" means a person who is authorized in writing by a party to a proceeding before the Commission to represent him in the proceeding; (d) "Chief Information Commissioner" means the State Chief Information Commissioner appointed under sub-section (3) of section 15 of the Act; (e) "Commission" means the Uttar Pradesh Information Commission constituted under sub-section (1) of section 15 of the Act and includes the Chief Information Commissioner or an Information Commissioner conducting hearing on any complaint or appeal under the relevant provisions of the Act; (f) "Complainant" means a person who has filed a complaint before the Commission under section 18 of the Act; (g) "First Appellate Authority" means an officer in the public authority who is senior in rank to the State Public Information Officer and appointed and notified by the public authority under sub-section (1) of section 19 of the Act and is authorised to hear the first appeal against the order passed by the State Public Information Officer; (h) "Form" means a Form given in the Appendix appended to these rules; (i) "Government" means the Government of Uttar Pradesh; (j) "Information Commissioner" means a State Information Commissioner appointed under sub-section (3) of section 15 of the Act; (k) "Registrar" means the Registrar of the Commission and includes a Joint Registrar and a Deputy Registrar; (l) "Secretary" means the Secretary of the Commission and includes a Joint Secretary and Deputy Secretary; (m) "State Public Information Officer" means an officer designated as such under sub-section (1) of section 5 of the Act and includes a State Assistant Public Information Officer so designated under sub-section (2) of section 5 of the Act; (2) Words and expressions used herein but not defined shall have the meaning assigned to them in the Act. ### 3. Public Authorities, State Public Information Officers and First Appellate Authorities. (1) Each department of the Government shall prepare and notify a list of all Public Authorities under it. (2) Each such Public Authority shall also appoint as many officers as necessary, as State Public Information Officers in the administrative units and offices under it, such appointment to be made by designation and not by the name of the officer to be appointed. (3) Each Public Authority shall also appoint officers senior to the State Public Information Officers, as First Appellate Authority to hear and decide upon appeals filed under sub-section (1) of section 19 of the Act, such appointment to be made by designation and not by the name of the appointed officer. (4) The list of Public Authorities under each department of the Government along with the list of State Public Information Officers and First Appellate Authorities for each such Public Authority shall be prepared and notified in the format given in Form 1, by the concerned department, and a copy of such notification shall be made available to the Commission. ### 4. Rules governing request for obtaining information. (1) A person, who desires to obtain information under the Act from any public authority, shall make a request in writing or through electronic means to the State Public Information Officer of the public authority concerned. The Request shall be made in the format given in Form 2. Provided that a request for obtaining information drafted on plain paper and containing all details as required in Form 2 shall be received for consideration by the State Public Information Officer. (2) Any request for obtaining information under the Act should fulfil the following conditions: (a) The information sought should be a part of the record held by or under the control of the public authority concerned. (b) [ The information sought should not: [Substitutted by Notification No. 148/XLIII-2-2019-Su.Aa.Ni.2015(1) -2015, dated 13.8.2019 (w.e.f. 3.12.2015).] (i) involve fresh collection of non-available data which is not required to be maintained under any law or the rules or regulations of the public authority; or (ii) require carrying out new interpretation or analysis of existing data, or drawing of inferences, making of assumptions, or providing advice or opinion based on existing data; or (iii) involve providing answers to hypothetical questions; or (iv) involve answers to the question why, thus asking for reasons why a certain act was done or not done, unless the answer to such question is a part of record held by the concerned public authority; or (v) be so vast that the collection thereof involves disproportionate diversion of resources affecting efficient operation of the public authority concerned; or (vi) be such which can be obtained under the provisions of any other law, rule, regulation or executive order.]. (c) The request for obtaining information shall not exceed five hundred words. (3) The State Public Information Officer shall duly acknowledge the receipt of the request and shall enter the particulars thereof in the Application Register maintained for the purpose in the format given in Form 3. (4) A request for obtaining information under the Act shall be accompanied by the fee prescribed in rule 5. (5) If the State Public Information Officer finds that a request made for disclosure of information relates partly or wholly to a single other public authority, then such State Public Information Officer shall, within five days from the date of receipt of the request, transfer the request or such part of it as may be appropriate, to the other public authority in the format given in Form 4, and shall furnish within the time prescribed that part of the information to the applicant, as is available with the public authority to which he belongs. Provided that if a part or whole of the information sought from a public authority is held by two or more other public authorities, then the State Public Information Officer shall not transfer the request for information to such other public authorities. The State Public Information Officer shall provide only such information to the applicant as is held by the public authority to which he belongs, and shall advise the applicant to move separate requests for information to the State Public Information Officers of the other public authorities holding parts of the information sought. (6) The State Public Information Officer on receipt of a request for information shall dispose off the request in accordance with the provisions of sections 7, 8 and 9 of the Act: (a) If the State Public Information Officer is of the view that the information sought is to be provided, then he shall convey the information to the applicant in Form 5. The date on which the information is supplied shall be entered in the Register mentioned in sub-rule (3) above. (b) If the State Public Information Officer is of the view that the information sought can only be provided on payment of any further fee representing the cost of providing the information as prescribed in rule 5, then he shall send intimation accordingly to the applicant in Form 6 and enter the details in the Register mentioned in sub-rule (3). (c) If the State Public Information Officer is of the view that the request for information is to be rejected on the basis of any provision(s) of the Act and/or the rules, then he shall convey such rejection to the applicant in Form 7. The date of rejection shall be entered in the Register mentioned in sub-rule (3). (7) If the State Public Information Officer is of the view that a part of the information sought cannot be provided as it is exempted from disclosure, then the State Public Information Officer may provide the applicant access to only such part of the information which is not exempted from disclosure, and simultaneously give a notice to the applicant in terms of sub-section (2) of section 10 of the Act in Form 8. (8) Where the State Public Information Officer intends to disclose any information on a request made under the Act, which relates to or has been supplied by a third party and has been treated as confidential by that third party, the State Public Information Officer shall give a written notice to such third party in accordance with the provisions of section 11 of the Act in the format given in Form 9. The State Public Information Officer shall keep in view the submission, if any, of the third party while taking a decision about disclosure of information. ### 5. Fee and Costs for obtaining information. (1) A request for obtaining information under sub-section (1) of section 6 of the Act shall be accompanied by an application fee of rupees ten by way of cash against proper receipt or by demand draft or by Bankers cheque or by Indian Postal Order payable to the concerned public authority. (2) For providing information under sub-section (1) of section 7 of the Act, the fee shall be charged by way of cash against proper receipt or by demand draft or by Bankers cheque or by Indian Postal Order payable to the public authority at the following rates: (i) rupees two for each page (in A-4 or A-3 size paper) created or copied; (ii) actual charge or cost price of a copy in larger size paper; (iii) actual cost or price for samples or models, and where the information is available in form of priced publication, price so fixed; (iv) for inspection of records, a fee of rupees ten for the first hour, and fee of rupees five for each fifteen minutes (or fraction thereof) thereafter. (3) For providing the information under sub-section (5) of section 7, the fee shall be charged by way of cash against proper receipt or by demand draft or Bankers cheque or Indian Postal Order payable to the public authority at the following rates: (i) for information provided in diskette or floppy or compact disk rupees fifty per diskette or floppy or compact disk, and (ii) for information provided in printed form at the price fixed for such publication or rupees two per page of photocopy for extracts from the publication. (4) In the case of maps and plans etc. the fee shall be fixed by the concerned State Public Information Officer in each case depending upon the cost of labour and material required to be employed. (5) The amount of fee shall be deposited in the following head of account: "0070-Other Administrative Services - 60-Other Services - 800- Other receipts - 11-Receipts under Right to Information Act, 2005." ### 6. Registration and disposal of complaints. (1) Any person may file a complaint with the Commission in accordance with The provisions of section 18 of the Act. (2) A complaint should be typed, printed or written neatly and legibly and should be filed in three copies. (3) A complaint should be submitted in Form 10.A complainant may file a complaint drafted on plain paper containing all details as required in Form 10. (4) All necessary documents in support of the complaint should be annexed to the complaint. (5) Every complaint shall be examined by the Registrar. If the Registrar is of the view that the complaint is not in accordance with the provisions of the Rules, he shall return the complaint to the complainant, pointing out the defect(s) therein for the removal of defect(s), and enter the details thereof in a register maintained for the purpose in Form 11. If the Registrar is of the view that the complaint is in accordance with the provisions of the Rules, he shall cause the complaint to be numbered and entered in a register maintained for the purpose in Form 12. (6) After a complaint has been registered, the Registrar shall forward it to the Chief Information Commissioner or the Information Commissioner having jurisdiction over the matter. (7) The Commission shall allot a case number to the complaint and fix the date for the first hearing of the complaint. (8) The Commission shall issue notices to the complainant and the State Public Information Officer concerned at least 15 days before the date fixed for the hearing. A copy of the complaint shall also be sent to the State Public Information Officer directing him to submit his written statement in two copies by the date fixed. (9) On the date of hearing of the complaint, a copy of the written statement of the State Public Information Officer shall be furnished to the complainant for his submission, if any. After consideration of the contents of the complaint, the written statement of the State Public Information Officer and the submission made by the parties at the hearing, if the Commission is of the view that no reasonable grounds exist to inquire into the matter, it shall dismiss the complaint. The Commission, if it is satisfied that there are reasonable grounds to inquire into the matter, may initiate an inquiry in respect thereof, such inquiry to be conducted in accordance with the provisions of sub-sections (3) and (4) of section 18 of the Act and these Rules. ### 7. Registration and disposal of appeals. (1) Any person who does not receive a decision from a State Public Information Officer within the prescribed time, or is aggrieved by a decision of a State Public Information Officer, as the case may be, may within the prescribed time, prefer an appeal to such officer who is designated as the First Appellate Authority. The appeal shall be submitted in the format given in Form 13. An appellant may file an appeal drafted on plain paper containing all details as required in Form 13. The First Appellate Authority shall dispose off the appeal in accordance with sub-sections (1) and (2) of section 19of the Act and Rules. (2) Any person aggrieved by an order passed by the First Appellate Authority or by non-disposal of his appeal within the prescribed period by the First Appellate Authority, may file a second appeal within the prescribed time to the Commission in Form 14. An appellant may file a second appeal drafted on plain paper containing all details as required in Form 14. Such appeal shall be accompanied by the following documents duly verified as true copies by the appellant: (i) a copy of the request for information submitted to the State Public Information Officer under sub-section (1) of section 6 of the Act; (ii) a copy of the reply received, if any, from the State Public Information Officer; (iii) a copy of the appeal made to the First Appellate Authority under sub-section (1) of section 19of the Act; (iv) a copy of the order, if any, received from the First Appellate Authority; (v) copies of other documents relied upon by the appellant and referred to in his appeal; and (vi) a certificate of the appellant that no appeal on the same ground(s) against the same First Appellate Authority was filed by him earlier. An appeal to the Commission should be typed, printed or written neatly and legibly, and should be filed in three copies. (3) Service of notice by the Commission. - Every appeal filed with the Commission shall be examined by the Registrar. If the Registrar is of the view that the appeal is not in accordance with the provisions of these rules, he shall return the appeal to the appellant, pointing out the defect(s) therein for the removal of the defect(s), and enter the details thereof in a register maintained for the purpose in Form 11. If the Registrar is of the view that the appeal is in accordance with the provisions of these rules, he shall direct that the appeal be numbered and entered in a register maintained for the purpose in Form 15. (4) After an appeal has been registered, the Registrar shall forward it to the Chief Information Commissioner or the Information Commissioner having jurisdiction over the matter. (5) Presence of parties during hearing on complaint or appeal. - The Commission shall allot a case number to the appeal and fix the date for the first hearing of the appeal. (6) Adjournment of hearing. - The Commission shall issue notices to the appellant, the State Public Information Officer and the First Appellate Authority concerned at least 15 days before the date fixed for the hearing. A copy of the appeal shall also be sent to the State Public Information Officer and the First Appellate Authority directing them to submit their written statements in two copies by the date fixed. (7) Transfer of a proceeding from one bench to another. - On the date of hearing of the appeal, a copy each of the written statements of the State Public Information Officer and the First Appellate Authority shall be furnished to the appellant for his submission, if any. After considering the contents of the appeal, the written statements of the State Public Information Officer and the First Appellate Authority, and the submission made by the parties at the hearing, the Commission, if it is satisfied that there are reasonable grounds for consideration of the appeal, may fix a date for further hearing in respect thereof, such hearing shall be conducted in accordance with the provisions of section 19 of the Act and these rules. If the Commission is of the view that no reasonable grounds exist to further consider the appeal, it shall dismiss the appeal. (8) Recall of its order by the Commission on the ground of procedural defect. - The Commission, while hearing an appeal may- (i) receive oral evidence on oath or on affidavit from the appellant; (ii) receive oral evidence on oath or on affidavit from the State Public Information Officer and / or the First Appellate Authority; (iii) receive oral evidence on oath or on affidavit from third party or from any other person whose evidence is considered necessary; (iv) peruse or inspect documents, public records or copies thereof. ### 8. Withdrawal, amendment or abatement of complaint or appeal. - In any hearing on a complaint or appeal the Commission may issue notice to any party by name in Form 16. The notice shall be served on the person concerned in any of the following modes: (i) service by the complainant, the appellant or the respondent as the case may be; (ii) by hand delivery (dasti) through process server; (iii) by registered-post or speed-post; (iv) by E-mail in case E-mail address is available. ### 9. Order of the Commission. (1) During the course of hearing on a complaint or an appeal, the complainant or appellant may be present in the Commission either in person or through duly authorised representative. However, the Commission, if it deems necessary, may summon the complainant or appellant, as the case may be, to be present in person in the Commission on any specific date of hearing. (2) The State Public Information Officer against whom the complaint or appeal has been filed may be present voluntarily during the hearings. However, the Commission may at its discretion direct the State Public Information Officer to be present in person or appear through an authorized representative, provided he is an officer of sufficient seniority. ### 10. Procedure for realization of penalties imposed by the Commission. - Any party to a hearing may make an application for adjournment of the hearing. The Commission, if it is of the view that the reason for seeking adjournment is just and sufficient, may grant adjournment. ### 11. Any party to a proceeding before the Commission may move an application before the Chief Information Commissioner praying for the transfer of the proceeding from the bench hearing it. The Chief Information Commissioner, after considering the comments, if any, of the Information Commissioner concerned on such application, may transfer the proceeding to another bench if he is of the view that there is sufficient ground for such transfer. Further, an Information Commissioner may request the Chief Information Commissioner to transfer any proceeding pending before him to another bench, and the Chief Information Commissioner may transfer such proceeding to another bench if he is of the view that there is sufficient ground for such transfer. ### 12. Secretary of the Commission. (1) The Commission, on an application submitted by any party aggrieved by an order of the Commission, may recall its order on the ground of any of the following procedural defects: (i) The order was passed by the Commission without hearing the applicant for no fault of his; or (ii) The Commission heard and decided the matter on a date other than the one fixed for hearing of the same and the applicant could not attend the hearing for no fault of his. (2) The applicant may submit recall application within thirty days from the date of knowledge of the order of the Commission. (3) If the Commission is of the view that prima facie there is no merit in the application, it may reject the recall application. (4) If the Commission is of the view that the matter requires hearing then before passing any order on such recall application, the Commission shall issue notice to all parties to the proceeding to give them an opportunity of being heard. ### 13. Registrar of the Commission. (1) During the hearing on any complaint or appeal, the Commission may, on a request made by the complainant or appellant, as the case may be, allow the complaint or appeal to be withdrawn. (2) The Commission may, if it finds it just and proper, allow a prayer for any amendment of a complaint, appeal or written statement during the course of hearing, on any such prayer made in writing by the related party. (3) The proceedings pending before the Commission on any complaint or appeal shall abate on the death of the complainant or appellant, as the case may be. ### 14. Seal and emblem. - On conclusion of the hearing on any complaint or appeal, the Commission shall pass orders thereon either on the same date or on any future date fixed for the purpose and communicated to the parties. Every such order of the Commission shall be signed and dated by the Commissioner who had heard the complaint or appeal. ### 15. Language of the Commission. (1) The Commission may, at the time of deciding any complaint or appeal, impose penalty on a State Public Information Officer in accordance with the provisions of section 20 of the Act. (2) A copy of the order of the Commission imposing penalty on a State Public Information Officer shall be forwarded to the Registrar. After receipt of such order, the Registrar shall enter the details thereof in a register maintained for the purpose in Form-17. (3) The penalty order shall be conveyed by the Registrar vide a letter in Form-18, to the controlling authority concerned for recovery of the penalty amount from the salary of the State Public Information Officer and for the deposit of this amount in the following head of account, by the date fixed: "0070-Other Administrative Services- 60-Other Services- 800- Other receipts- 15-Penalties imposed under Right to Information Act, 2005." (4) The Government shall make necessary arrangements to ensure recovery of the penalty amount from the State Public Information Officer concerned in compliance of the order of the Commission. (5) The Registrar shall be responsible for following up each such matter in which the Commission has imposed penalty on any State Public Information Officer, till compliance report is received. ### 16. (1) The Government shall appoint an officer not below the rank of Special Secretary to Government as the Secretary of the Commission. (2) Under the supervision of the Chief Information Commissioner, the Secretary shall be the principal officer responsible for the administrative functioning of the Commission. (3) The duties and responsibilities of the Secretary shall be such as may be determined by the Chief Information Commissioner in exercise of powers vested in him under sub-section (4) of section 15 of the Act. (4) The Chief Information Commissioner may designate any officer subordinate to the Secretary as a Joint Secretary or Deputy Secretary. (5) With the approval of the Chief Information Commissioner, the Secretary may delegate any function entrusted to him to any officer subordinate to him. (6) In the absence of the Secretary, the Chief Information Commissioner may direct any officer of the Commission to exercise the powers and perform the functions of the Secretary. ### 17. (1) The Government shall appoint an officer not below the rank of Additional District Judge as the Law Officer of the Commission. The Law Officer shall be the ex-officio Registrar of the Commission. (2) Under the supervision of the Chief Information Commissioner, the Registrar shall be the principal officer responsible for the management of judicial functioning of the Commission. (3) The duties and responsibilities of the Registrar shall be such as may be determined by the Chief Information Commissioner in exercise of powers vested in him under sub-section (4) of section 15 of the Act. (4) The Chief Information Commissioner may designate any officer subordinate to the Registrar as a Joint Registrar or Deputy Registrar. (5) With the approval of the Chief Information Commissioner, the Registrar may delegate any function entrusted to him to any officer subordinate to him. (6) In the absence of the Registrar, the Chief Information Commissioner may direct any officer of the Commission to exercise the powers and functions of the Registrar. ### 18. The official seal and emblem of the Commission shall be such as the Commission may specify. ### 19. (1) An appeal or a complaint may be filed in Hindi or in English and all related documents shall also be filed in Hindi or in English. Where a document, in original, is in a language other than Hindi or English, a certified authenticated translation in Hindi or English shall also be filed along with the original document. This shall also apply in the case of written statement, rejoinder, reply or any other document filed before the Commission. (2) The proceedings of the Commission shall be conducted in Hindi. Appendix Form 1 List of Public Authorities, State Public Information Officers & First Appellate Authorities Name of Department ........................................................................................................................... \| \| \| \| \| --- \| --- \| --- \| \| Name of Public Authorities under the Department \| State Public Information Officers appointed for each Public Authority \| First Appellate Authority appointed for each Public Authority \| \| 1 \| Designation \| Address /Ph. No. \| Designation \| Address /Ph. No. \| \| 2 \| 3 \| 4 \| 5 \| \| \| \| \| \| \| Form-2 Request for obtaining information u/s 6(1) of RTI Act, 2005 To: State Public Information Officer's Designation and Official Address ..................................................................................................................................................................... .................................................................................................................................................................... ### 1. Full Name of the applicant ....................................................................................................................................................... ### 2. Father's / Spouse's Name............................................................................................................................... ### 3. Address ........................................................................................................................................................... ### 4. Email address, if any.................................................................................................................................................................. ### 5. Telephone No. and/or Mobile No. ................................................................................................................... ### 6. Details of information sought (if necessary, attach separate page): ......................................................................................................................................................................................... ### 7. Does the information sought concern the life and liberty of a person: Yes/No If yes, the reasons therefor..................................................................................................................................................... ### 8. Details of fee deposited................................................................................................................................. ### 9. Does the applicant belong to BPL category: Yes/No (If yes, attach BPL certificate) ### 10. List of enclosures ..................................................................................................................................................................... .............................................................................................................................................................................................................................................................................................................................................. \| \| \| \| --- \| --- \| \| Place.............................................. Date.............................................. \| Full Signature of the applicant \| Acknowledgement Received the application from.................................................................................................................................................. Address ........................................................................................................................................... on .................................... (date) seeking information u/s 6(1) of RTI Act, 2005, registered at serial no.................................... \| \| \| \| --- \| --- \| \| Date .............................................. \| Signature and full name of SPIO Official seal \| Form-3 RTI Application Register \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| S.No \| Date of Application \| Name and address of applicant \| In case application relates to another public authority \| If additional fee required \| Date on which requested Information or rejection order sent \| Remark \| \| Designation and Address of SPIO to whom transferred \| Date of transfer \| Amount of additional fee \| Date of intimation of additional fee to applicant \| Date of receipt of additional fee \| \| (1) \| (2) \| (3) \| (4) \| (5) \| (6) \| (7) \| (8) \| (9) \| (10) \| \| \| \| \| \| \| \| \| \| \| \| Form-4 Transfer of RTI application to another public authority To: .................................................................... .................................................................... .............................................................. (Designation and address of SPIO towhom application is being transferred) Sir, Please find enclosed herewith an application from..................................................................................................... ....................................................................................................................................................................................................... (Name and address of applicant) dated............................................... (Regn. No...................................), seeking information u/s 6(1) of RTI Act, 2005. The aforesaid application is being transferred to you because the subject matter of serial no.......................of the information sought falls within the jurisdiction of your department/office. It is certified that the applicant has paid Rs............... (Rupees........................only) on account of fees for obtaining information under the Act, which has been deposited in the Government treasury / account. Yours faithfully( ) \| \| \| \| --- \| --- \| \| Date: \| State Public Information OfficerName and address of the Department /OfficeTelephone No. .......................... \| Copy to: ............................................................. ............................................................. ............................................................. (Name and address of applicant) As the information at Serial No............. sought in your aforesaid application does not fall within the jurisdiction of this Department/Office, it has been transferred to the State Public Information Officer of the public authority having jurisdiction. You are requested to contact the State Public Information Officer mentioned above. ( )State Public Information OfficerName and address of the Department /Office Form-5 Intimation regarding provision of information sought under RTI Act, 2005 \| \| \| \| --- \| --- \| \| Letter No:-........................................................... \| Dated:-.................................................. \| From: .................................... ............................................... ................................................ (Designation, address and phone no. of SPIOproviding the information under RTI Act, 2005) To: .................................... ............................................... ................................................ (Name and address of applicant seekingthe information under RTI Act, 2005) Sir /Madam, Please refer to your application dated .................................., registered at serial no............................., addressed to the undersigned regarding supply of information under section 6(1) of the RTI Act, 2005. The information sought by you is given below: ..................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... (If above space is inadequate, separate pages may be attached.) If you are not satisfied with the answer you may file an appeal under Section 19(1) of the Act within thirty days of the receipt of this letter to the First Appellate Authority whose address is given below: Designation, address and phone no. of First Appellate Authority ................................................................................................................................................................................................................................................................................................. Yours faithfully, ....................................... ....................................... ....................................... Form-6 [Intimation regarding additional fee representing cost of providing information [Substitutted by Notification No. 148/XLIII-2-2019-Su.Aa.Ni.2015(1) -2015, dated 13.8.2019 (w.e.f. 3.12.2015).] \| \| \| \| --- \| --- \| \| Letter No:-........................................................... \| Dated:-.................................................. \| From, .............. (Designation, address and phone no. of SPIO providing the information under RTI Act, 2005) To, ................ (Name and address of applicant seeking the information under RTI Act, 2005) Sir, Please refer to your application dated registered at serial no........................... addressed to the undersigned regarding supply of information under Section 6(1) of the RTI Act, 2005. In accordance with the provisions of the Rule 5 of Uttar Pradesh Right to Information Rules, 2015, you are requested to deposit additional fee of Rs................. (Rupees...........), representing the cost of providing the information as per calculations given below; ........................... The above fee may be deposited in the form of postal order/demand draft/bankers cheque payable to...................if you any objection against this demand you may file an appeal under Section 19(1) of the Act within thirty days of the receipt of this letter to the First Appellate Authority whose address is given below- Designation, address and phone no. of First Appellate Authority ...................................... Yours faithfully. ......................................] Form-7 Intimation of rejection of request for information sought under RTI Act, 2005 \| \| \| \| --- \| --- \| \| Letter No:-........................................................... \| Dated:-.................................................. \| From: .................................... ............................................... ................................................ (Designation, address and phone no. of SPIOproviding the information under RTI Act, 2005) To: .................................... ............................................... ................................................ (Name and address of applicant seekingthe information under RTI Act, 2005) Sir /Madam, Please refer to your application dated .................................., registered at serial no....................., addressed to the undersigned regarding supply of information under section 6(1) of the RTI Act, 2005. The undersigned regrets to inform you that the information sought by you cannot be provided for the reason(s) given below: .......................................................................................................................................................................... If you are aggrieved by the above, you may file an appeal under Section 19(1) of the Act within thirty days of the receipt of this letter to the First Appellate Authority whose address is given below: Designation, address and phone no. of First Appellate Authority ............................................................................................... ............................................................................................... ....................................................................................................... Yours faithfully, ...................................... ..................................... Form-8 Notice under section 10(2) of the RTI Act, 2005 \| \| \| \| --- \| --- \| \| Letter No:-........................................................... \| Dated:-.................................................. \| From: .................................... ............................................... ................................................ (Designation, address and phone no. of SPIOproviding the information under RTI Act, 2005) To: .................................... ............................................... ................................................ (Name and address of applicant seekingthe information under RTI Act, 2005) Sir /Madam, Please refer to your application dated ............................, registered at serial no..............., addressed to the undersigned regarding supply of information under section 6(1) of the RTI Act, 2005. In this regard I have to inform you that the following part of the information sought by you is exempt from disclosure: ....................................................................................................................................................................................................... Accordingly, we have separately provided to you only the remaining part of the information which is not exempt from disclosure. Please note that the reasons for the above decision are as follows: ..................................................................................................................................................................................................... ..................................................................................................................................................................................................... If you have any objection against this decision you may file an appeal under Section 19(1) of the Act within thirty days of the receipt of this letter to the First Appellate Authority whose address is given below: Designation, address and phone no. of First Appellate Authority ............................................................................................... ............................................................................................... Yours faithfully, ...................................... ...................................... Form-9 Notice to third party under section 11(1) of the RTI Act, 2005 \| \| \| \| --- \| --- \| \| Letter No:-........................................................... \| Dated:-.................................................. \| From: .................................... ............................................... ................................................ (Designation, address and phone no. of SPIOproviding the information under RTI Act, 2005) To: .................................... ............................................... ................................................ (Name and address of third party) Sir/Madam, Whereas Sri/Smt \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ resident of \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ has filed an application on \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ with the undersigned under the Right to Information Act, 2005 seeking the following information/record relating to/supplied by you: ...................................................................................................................................................................................................... And whereas the undersigned intends to disclose the above information/record or part thereof to the applicant. Now, therefore, you are hereby called upon to make your submissions in writing or orally, as per section 11 of the Act, as to whether the information/record asked for by the applicant should be disclosed or not. The submissions or representation against the proposed disclosure should be made by you within ten days from the receipt of this notice, failing which the undersigned will take a decision in the matter in accordance with the provisions of the Act, without giving any further notice. If you have any objection against this decision you may file an appeal under Section 19(1) of the Act within thirty days to the First Appellate Authority whose address is given below: Designation, address and phone no. of First Appellate Authority ............................................................................................... ............................................................................................... Yours faithfully, ...................................... ...................................... Form-10 (To Be Submitted In Three Copies) Complaint under section 18 of the Right to Information Act, 2005 Dated:................................. To: U.P. State Information Commission ............................................................ ............................................................ Lucknow \| \| \| --- \| \| A. Complainant's contact details: \| \| \| \| \| --- \| --- \| \| 1. Name of the Complainant \| \| \| 2. Postal Address, cell-phone no and E-mail address (if any) \| \| \| \| \| --- \| \| B. Details about the Complaint: \| \| \| \| \| \| --- \| --- \| --- \| \| 1. Particulars of the State Public Information Officer against whom complaint is preferred. \| Name (If available) \| \| \| Designation \| \| \| Address \| \| \| 2. Particulars of the First Appellate Authority, if an appeal against the SPIO was preferred u/s 19(1) of the Act. \| Name (If available) \| \| \| Designation \| \| \| Address \| \| \| 3. Date on which application u/s 6(1) of the Act was preferred before the SPIO \| \| \| 4. Was any order passed by the SPIO on the application submitted u/s 6(1) of the Act ? \| Yes / No (If 'Yes', a copy of the order passed by the SPIO must be attached.) \| \| 5. Brief description of the complaint \| …........................................................ \| \| 6. Ground(s) of the complaint \| …........................................................ ( If above space is inadequate, then separate page(s) may be added.) \| \| 7. Prayer or relief sought. \| …........................................................ \| \| 8. Any other information considered relevant by the complainant \| …........................................................ \| \| 9. List of copies of documents relied upon and submitted by the complainant. \| 1.Copy of request for information filed before the SPIO under section 6(1) of the Act. 2. Copy of order, if any, passed by the SPIO. 3. Copy of appeal, if any, filed before the First Appellate Authority under section 19(1) 4. Copy of order, if any, passed by First Appellate Authority on the appeal. 5. Any other document(s) relied upon by the complainant. \| Verification I, \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (Name of the complainant), son of / daughter of / wife of \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ resident of \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_(address) hereby declare that I have not filed any other complaint in regard to the aforesaid application u/s 6(1) of the Act against the aforesaid SPIO and the particulars furnished in the complaint are to the best of my knowledge and belief, true and correct and that I have not suppressed any material fact. \| \| \| \| --- \| --- \| \| Place : \| Signature of the Complainant \| \| Date : \| \| Form 11 Register of defective complaints / appeals which are returned Year.................. \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| \| S.No \| Date of receipt of defective complaint /appeal \| Name and address of the complainant/appellant \| Brief descriptions of defect in complaint/appeal pointed out \| Date of return of Defective complaint/appeal along with speed-post consignment number \| Remarks \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| \| \| \| \| \| \| \| Form-12 Register of complaints filed under section 18 of RTI Act, 2005 Year.................. \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| \| Registration No. \| Date of registration \| Name and address of the complainant \| Name (if available) and designation of SPIO against whom complaint lodged \| Name of Commissioner to whom complaint forwarded for disposal and date on which forwarded \| Remarks \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| \| \| \| \| \| \| \| Form-13 First Appeal under section 19(1) of the Right to Information Act, 2005 Dated:................................. To: .................................................................... .................................................................... (Designation and address of the officeracting as First Appellate Authority) \| \| \| --- \| \| A. Appellant's contact details: \| \| \| \| \| --- \| --- \| \| 1. Name of the Appellant \| \| \| 2. Postal Address, cell-phone no and E-mail address (if any) \| \| \| \| \| --- \| \| B. Details about the appeal: \| \| \| \| \| \| --- \| --- \| --- \| \| 1. Particulars of the SPIO against whom appeal is preferred. \| Name (if available) \| \| \| Designation \| \| \| Address \| \| \| 2. Date of submission of request for information before SPIO (A copy of the request for information submitted to the SPIO must be attached.) \| \| \| 3. Grounds of appeal (In case appeal is filed against an order of the SPIO, then a copy of such order must be filed.) \| ….................................................. ( If above space is inadequate, then separate page(s) may be added.) \| \| 4. Prayer or relief sought. \| ….................................................. \| \| 5. If appeal is being filed after the prescribed period, then what is the reason for delay? \| ….................................................. \| \| 6. List of copies of documents relied upon and submitted by the appellant. \| \| Signature of the Appellant.................................... Form-14 (To Be Submitted in Three Copies) Second Appeal under section 19(3) of the Right to Information Act, 2005 Dated:.................................... To: U.P. State Information Commission ......................................................... ............................................................ Lucknow \| \| \| --- \| \| A. Appellant's contact details: \| \| \| \| \| --- \| --- \| \| 1. Name of the Appellant \| \| \| 2. Postal Address, cell-phone no and E-mail address (if any) \| \| \| \| \| --- \| \| B. Details about the appeal: \| \| \| \| \| \| --- \| --- \| --- \| \| 1. Particulars of the First Appellate Authority against whom appeal is preferred. \| Name (if available) \| \| \| Designation \| \| \| Address \| \| \| 2. Particulars of the SPIO concerned. \| Name (if available) \| \| \| Designation \| \| \| Address \| \| \| 3. Details of appeal filed under section 19(1) of the Act before the First Appellate Authority (A copy of the appeal and a copy of the order passed, if any, on the appeal must be attached.) \| Date of appeal \| \| \| Was any order passed on the appeal? If yes, date of such order \| \| \| Date of receipt of order passed on appeal \| \| \| 4. If appeal is being filed after the prescribed period, then what is the reason for delay? \| …........................................................... \| \| 5. Grounds of appeal \| …........................................................... ( If above space is inadequate, then separate page(s) may be added.) \| \| 6. Prayer or relief sought. \| \| \| 7. List of copies of documents relied upon \| 1. Copy of request for information filed before the SPIO and submitted by the appellant. under section 6(1) of the Act. 2. Copy of order, if any, passed by the SPIO. 3. Copy of appeal filed before the First Appellate Authority under section 19(1) 4. Copy of order passed, if any, by First Appellate Authority on the appeal 5. Any other document(s) relied upon by the appellant. \| Verification I, \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (Name of the appellant), son of / daughter of / wife of \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ resident of \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_(address) hereby declare that I have not filed any appeal against the impugned order earlier and the particulars furnished in the appeal are to the best of my knowledge and belief, true and correct and that I have not suppressed any material fact. \| \| \| \| --- \| --- \| \| Place : \| Signature of the Appellant \| \| Date : \| \| Form-15 Register of appeals filed under section 19(3) of RTI Act, 2005 Year........................... \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| Registration No. \| Date of Registration \| Name and address of the appellant \| Name (if available) and designation of SPIO before whom the application was preferred u/s 6(1) of the Act \| Name (if available) and designation of First Appellate Authority before whom the appeal was preferred u/s 19(1) of the Act \| Dates of orders passed by SPIO and First Appellate Authority \| Name of Commissioner to whom appeal forwarded for disposal and date on which forwarded \| Remarks \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| 7 \| 8 \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| Form-16 U.P. State Information Commission Notice to Parties Complaint / Appeal Registration No................. Sri/Smt ..........................................................................................Complainant / Appellant Vs .............................................................................................................Opposite Party From: Registrar U.P. State Information Commission Lucknow To: .................................................... ..................................................... .................................................... Whereas a complaint / second appeal has been presented by Sri/Smt .......................................................... resident of...........................................................................................................(address) and has been registered in this Commission as above; And whereas the aforesaid complaint / second appeal is being heard by Sri/Smt.......................................................... ...................................................................................................................................................................................................... In Hearing Room No. ............ And whereas hearing on the aforesaid complaint/second appeal shall be conducted on the.................................... of .........................., 20....................... Now therefore it is hereby ordered as under: • You are summoned to appear before the aforesaid Information Commissioner either in person or through an authorised representative, on the aforesaid date of hearing at 10:00 am to participate in the hearing on the above complaint/appeal. • A copy of the aforesaid complaint/appeal is annexed and you are directed to submit your written statement thereon (in two copies) to the aforesaid Information Commissioner by the aforesaid date of hearing. • You are directed to produce the following documents/things before the aforesaid Information Commissioner on the aforesaid date of hearing: ......................................................... ......................................................... (Note: Delete from the above that portion which is not applicable) Take notice that in default of your appearance on the above mentioned date, the complaint/appeal will be heard and determined in your absence. \| \| \| \| --- \| --- \| \| Date : \| For and on behalf ofRegistrarU.P.State Information CommissionLucknow \| Form-17 Register of penalties imposed under section 20 of the RTI Act, 2005 \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| S.No \| Registration number of complaint/appeal \| Name of the bench which passed the penalty order \| Date of order \| Amount of penalty imposed with details of Installments, if any. \| Name and address of complainant /appellant \| Name (if available), designation and address of SPIO against whom penalty imposed \| Date on which compliance of penalty order reported \| Remarks \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| 7 \| 8 \| 9 \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| Form-18 U.P. State Information Commission Complaint / Appeal Registration No................. Sri/Smt .............................................................................................. Complainant / Appellant Vs .............................................................................................................Opposite Party From: Registrar U.P.State Information Commission ..................................... ..................................... Lucknow To: ........................................... ..................................... (Name, designation and address of officer who will recover the penalty imposed) Whereas a complaint / second appeal was presented by Sri/Smt............................................................. resident of ..................................................................................................................................................................(address) and was registered in this Commission as above; And whereas the aforesaid complaint/appeal has been decided by the bench of Sri................................................................................................................................................................................................................................................................................................................................ who in exercise of powers vested under section 20 of the Right to Information Act, 2005 has ordered imposition of penalty on the State Public Information Officer concerned as follows: \| \| \| \| --- \| --- \| \| (a) Name (if available), designation and address of the State Public Information Officer on whom penalty imposed. \| ........................................................................... \| \| (b) Amount of penalty imposed with details of Instalments fixed, if any. \| ........................................................................... \| A copy of the aforesaid order is annexed. Now therefore, you are requested to ensure compliance of the aforesaid order by deduction of the amount of the penalty as aforesaid from the salary of the State Public Information Officer concerned and deposit the amount so recovered in the following head of account: "0070-Other Administrative Services, 60-Other Services, 800- Other receipts, 15-Penalties imposed under Right to Information Act, 2005." You are further requested to send a report on action taken in compliance of aforesaid order of the Commission within three months of the date of this letter. \| \| \| \| --- \| --- \| \| Date : \| Registrar U. P. State Information Commission \|
65b9f948ab84c7eca86ea5bd	acts	State of West Bengal - Act ---------------------------- The Code Of Criminal Procedure (West Bengal Second Amendment) Act, 1985 ------------------------------------------------------------------------- WEST BENGAL India The Code Of Criminal Procedure (West Bengal Second Amendment) Act, 1985 ========================================================================= Act 17 of 1985 ---------------- * Published on 21 August 1985 * Commenced on 21 August 1985 The Code Of Criminal Procedure (West Bengal Second Amendment) Act, 1985 West Bengal Act 17 of 1985 [21st August, 1985.] Assent of the President was first published in the Calcutta Gazette. Extraordinary, dated the 21st August, 1985. An Act to amend the Code of Criminal Procedure, 1973, in its application to West Bengal. Whereas it is expedient to amend the Code of Criminal Procedure, 1973, in its application to West Bengal, for the purpose and in the manner hereinafter appearing; It is hereby enacted as follows:- ### 1. Short title and commencement. - (1) This Act may be called the Code of Criminal Procedure (West Bengal Second Amendment) Act, 1985. (2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint. ### 2. Application of the Act. - The Code of Criminal Procedure, 1973 (hereinafter referred to as the principal Act) shall, in its application to West Bengal, be amended for the purpose and in the manner hereinafter provided. ### 3. Amendment of section 25 of Act 2 of 1974. - For sub-section (3) of section 25 of the principal Act, the following sub-section shall be substituted:- '(3) Where no Assistant Public Prosecutor is available for the purposes of any particular case, any advocate may be appointed to be the Assistant Public Prosecutor in charge of that case,- (a) where the case is before the Court of a Judicial Magistrate in any area in a sub-division wherein the headquarters of the District Magistrate are situated, by the District Magistrate; or (b) where the case is before the Court of a Judicial Magistrate in any area in a sub-division, other than the sub-division referred to in clause (a), wherein the headquarters of the Sub-divisional Magistrate are situated, by the Sub-divisional Magistrate; or (c) where the case is before the Court of a Judicial Magistrate in any area, other than the area referred to in clauses (a) and (b), by a local officer (other than a police officer) specially authorised by the District Magistrate in this behalf. Explanation. - For the purposes of this sub-section,- (i) "advocate" shall have the same meaning as in the Advocates Act, 1961; (ii) "local officer" shall mean an officer of the State Government in any area, other than the area referred to in clauses (a) and (b).'.
65b988ffab84c7eca86e9545	acts	State of Punjab - Act ----------------------- The Punjab Wild Life Preservation Act, 1959 --------------------------------------------- PUNJAB India The Punjab Wild Life Preservation Act, 1959 ============================================= Act 14 of 1959 ---------------- * Published on 25 April 1959 * Commenced on 25 April 1959 The Punjab Wild Life Preservation Act, 1959 Punjab Act No. 14 of 1959 Received the assent of the Governor of Punjab on the 25th April, 1959, and first published for general information in the Punjab Government Gazette Extraordinary, of April 28, 1959. An Act to consolidate and amend the law relating to the protection and preservation of wild birds and wild animals. Be it enacted by the Legislature of the State of Punjab in the Tenth Year of the Republic of India as follows :- ### 1. Short title, extent and commencement. (1) This Act may be called the Punjab Wild Life Preservation Act, 1959. (2) It extends to the whole of the State of Punjab. (3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint. ### 2. Application of Act. - This Act shall, subject to the provisions herein after appearing, apply to all wild birds and wild animals whether in their wild state or in captivity, and whether found in or brought into Punjab. ### 3. Definitions. - In this Act, unless the context otherwise requires, - (1) "animal" means an animal which suckles its young; (2) "close season" means the period other than that specified in column 5 of Schedules II and III or the period altered under clause (ii) of section 6; (3) "flesh" includes fat, blood, raw or cooked meat and bones; (4) "Forest Officer" means an officer defined as such in the Indian Forest Act, 1927, or the Patiala Forest Act, 1999 BK; (5) "licence" or "permit" means a licence or permit granted under this Act; (6) "Schedule" means a Schedule appended to this Act; (7) "trophy" means the durable part of a wild bird or wild animal which has been preserved by any means, whether natural or artificial, and includes the head, horn, tooth, tusk, bone, claw, hoof, chin, hair or feather, eggs or nest of any bird, but does not include any article manufactured from any such part of the bird or animal as aforesaid; (8) "wild animal" includes the flesh or any part of the animal and "wild bird" includes the flesh of the bird or its eggs or egg shells; (9) "Wild Life Officer" means any person whom the State Government or an officer authorised by it in this behalf may from time to time appoint for performing the functions assigned to Wild Life Officer under this Act or the rules made thereunder; (10) "Wild Life Sanctuary" means any area declared by the State Government to be a sanctuary under Section 8. ### 4. Restrictions on killing, capturing etc. of wild birds and wild animals. (1) It shall not be lawful to - (a) kill, capture or possess whether dead or alive; or (b) buy, sell or offer for sale; any wild bird or wild animal specified in the Schedules except in the manner and to the extent provided in sub-sections (2), (3), (4) and (5). (2) The wild birds or wild animals specified in Schedule I, may be killed, captured or possessed or bought, sold or offered for sale throughout the year. (3) The wild birds specified in Schedule II, may be killed, captured or possessed or bought, sold or offered for sale during the period other than the close season under a licence, and in the manner and to the extent permitted thereby : Provided that no licence shall be necessary - (a) for shooting with fire-arms such wild birds; or (b) for buying or possessing for purpose of consumption such wild birds as have been obtained from a licensee or have been shot. (4) The wild birds or wild animals specified in Schedule III may be killed, captured or possessed or bought, sold or offered for sale during the period other than the close seasons under a licence, and in the manner and to the extent permitted thereby : Provided that no licence shall be necessary for buying or possessing for purposes of consumption such wild birds and wild animals, if obtained from a licensee. (5) The wild birds or wild animals specified in Schedule IV may be possessed throughout the year as pets or for use as decoys in the manner and to the extent specified in that Schedule. (6) Nothing in this section shall be deemed to prohibit the possession by any person of skins, antlers, horns or other trophies lawful acquired. Explanation. - For the purpose of this section an attempt to kill or capture a wild bird or wild animal shall be deemed to be included in the act of killing or capturing such bird or animal. ### 5. Person in possession of wild bird or wild animal to produce licence when required. - Any person in possession of any wild bird or wild animal specified in Schedule II, III or IV, if required to keep a licence shall, if required so to do by a person authorized in this behalf under the rules made under this Act, produce his licence forthwith on such requisition. ### 6. Power to add to or to exclude from Schedules. - The State Government may, by notification, which may apply either to the whole or to any part of its territories,- (i) add to or exclude from any of the Schedules any wild bird or wild animal subject to such conditions as it may impose in each case; (ii) alter the period during which any wild bird or wild animal specified in Schedule II or III may be killed or captured; or (iii) alter the number of wild birds or wild animals specified in column 5 of Schedule IV which may be kept as pets or for use as decoys. ### 7. Power to exempt. - The State Government may exempt any person or class of persons from all or any of the provisions of this Act or rules made thereunder if it is satisfied that such exemption is desirable in the interest of scientific research or wild life sport or for better protection or preservation of crops or other property. ### 8. Power to declare wild life sanctuary. (1) The State Government may, by notification, declare any area which is the property of the State Government and any area which is private property subject to the consent of the owner and to such conditions as may be determined by mutual agreement, to be a Wild Life Sanctuary for wild birds or wild animals or both and, notwithstanding anything contained in section 4, it shall be unlawful for any person to kill or capture any wild bird or wild animal or both, as the case may be, within such sanctuary at any time. (2) No person shall carry fire-arms or take any hounds, nets, traps, snares or any other contrivances which can be used for killing or capturing wild birds or wild animals within the area of a Wild Life Sanctuary except under a special permit granted by any Forest Officer or Wild Life Officer holding a gazetted rank : Provided that no such special permit shall entitle the holder to kill or capture wild birds or wild animals in the sanctuary. ### 9. Prohibition of keeping call-birds and coursing and hawking except under licence. - No person shall - (a) utilize call-birds of any kind (excepting quails) for the purpose of alluring other birds of its kind; or (b) course or hawk wild birds or wild animals specified in Schedules II and III except under a licence and to the extent and manner permitted thereby. ### 10. Prohibition of ensnaring and enticing wild birds and animals. - No person shall, with intent to evade the provisions of this Act, ensnare and entice away from the Punjab State to any other State any wild bird or wild animal specified in Schedules II, III or IV. ### 11. Power to prevent commission of offence. - Every Forest Officer or Wild Life Officer shall prevent the commission of breach of any the provisions of this Act or the rules made thereunder. ### 12. Power to apprehend and arrest to seize property. (1) Any Forest Officer, Wild Life Officer or Police Officer or any other person authorised in this behalf by the rules made under this Act - (a) may, if he has reasonable grounds for believing that any person has committed an offence under this Act :- (i) require such person to produce for his inspection any wild bird, wild animal or flesh in his possession, or any licence, permit or other document issued to him or required to be kept by him under the provisions of this Act; or (ii) enter and search any land, hotel, restaurant, vehicle or boat in the occupation of such person and open and search any baggage or other things in his possession : Provided that no Wild Life Officer below the rank of an Inspector, or a Police Officer below the rank of a Sub-Inspector or a Forest Officer below the rank of a Range Officer shall enter or search any hotel or restaurant; or (b) may arrest, without warrant any person who commits or is reasonably suspected by such officer of having committed an offence under this Act, if he has reasonable ground for believing that such person will abscond unless arrested, or if the name and address of that person are unknown to such officer and the person refuses on a demand of such officer to give his name and address or gives a name and address which such officer has reason to believe to be false. (2) Every person arrested under sub-section (1) for having refused to give his name and address or giving a false name and address shall be released on giving his correct name and address. (3) Should the true name and address of such person be not ascertained within twenty-four hours from the time of arrest, he shall forthwith be produced before the nearest Magistrate having jurisdiction. (4) Any officer who is empowered to make arrests may seize all guns, fire-arms and ammunition as well as all trophies, dogs, nets, snares or other appliances found in possession of any person who is arrested or against whom a reasonable suspicion exists of having been concerned in any offence punishable under this Act. (5) A list of all articles seized under sub-section (4) shall be prepared by such officer and signed by two or more witnesses. ### 13. Power to compound offence. (1) The State Government may, from time to time, by notification in the Official Gazette, empower any Wild Life Officer, or a Forest Officer, holding gazetted rank - (a) to accept from any person against whom a reasonable suspicion exists that he has committed any offence punishable under this Act a sum of money by way of composition for such offence. (b) when any property has been seized as liable to confiscation, to release the same on payment of the value thereof as estimated by such officer. (2) On the payment of such sum of money or such value or both, as the case may be, to such officer, the suspected person, if in custody, shall be discharged, the property, if any, seized shall be released and no further proceedings shall be taken against such person or property. (3) The sum of money accepted by way of composition under this section shall in no case exceed the amount of two hundred rupees. ### 14. Penalties. (1) Whoever commits a breach of the provisions of this Act or of any rule made thereunder shall be punishable with fine which may extend to fifty rupees or in default with imprisonment of either description which may extend to one month. (2) Whoever having already been convicted of an offence under this Act or any rule made thereunder is again convicted thereof, shall, on every subsequent conviction, be punishable with fine which may extend to five hundred rupees or in default with imprisonment of either description which may extend to three months, and shall, in addition to the punishment provided for the offence, be liable to confiscation of the licence. (3) Notwithstanding anything contained in sub-sections (1) and (2), whoever commits a breach of the provisions of section 8 shall be punishable with fine which may extend to five hundred rupees or in default with imprisonment of either description which may extend to three months. (4) On conviction of a person for any offence under this Act the convicting Magistrate may, in addition to any other penalty imposed, order any net, trap or snare used in the commission of such offence to be destroyed or to be sold and proceeds thereof forfeited to the State Government, and direct that the whole or any portion of any wild bird or wild animal killed or captured by such person and all weapons, implements and grey hounds used in aid and for purpose of aiding the commission of such offence shall be confiscated to the State Government. ### 15. Power to suspend or cancel licences. (1) The Chief Conservator of Forests, Punjab, or any other officer authorised by the State Government in this behalf may, subject to any general or special order of the State Government, and after affording the licensee an opportunity of being heard, suspend or cancel any licence granted under this Act. (2) Any person aggrieved by the suspension or cancellation of a licence under sub-section (1) may, within thirty days of the date of order appealed against, appeal to the State Government whose decision on such appeal shall be final. ### 16. Jurisdiction of Courts to try offences under the Act. - No court inferior to that of a Magistrate of the Second Class shall try any offence under this Act or the rules made thereunder. ### 17. Persons who may lodge complaints. - No court shall take cognizance of any offence under this Act, except on the complaint of a Forest Officer not below the rank of a Range Officer or a Police Officer not below the rank of a Sub-Inspector or Wild Life Officer not below the rank of an Inspector or any other person or class of persons authorized by the State Government in this behalf by notification in the Official Gazette. ### 18. Savings. - Nothing in this Act shall be deemed to apply to - (1) the killing or capturing in good faith of any wild animal by any person in defence of himself or of any other person or of property subject to such conditions as may be prescribed in the rules made in this behalf under this Act; and (2) the capture, sale, purchase, or possession for scientific or public purposes of any wild bird or wild animal by or on behalf of the authorities administering zoological gardens. ### 19. Operation of other laws not barred. - Nothing in this Act shall be deemed to prevent any person from being prosecuted under any other law for any act or omission which constitutes an offence under this Act or from being liable under such other law to any higher punishment or penalty than that provided by this Act : Provided that no person shall be punished twice for the same offence. ### 20. Wild Life Officers to be public servants. - All Wild Life Officers and other Officers exercising any of the powers conferred by or under this Act shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code. ### 21. Protection to persons acting in good faith. - No suit, prosecution or legal proceeding shall lie against any person for anything done or intended to be done in good faith under this Act. ### 22. Power to make rules. (1) The State Government may, after previous publication, make rules for the purpose of carrying out the provisions of this Act. (2) In particular and without prejudice to the generally of the foregoing power, such rules may provide for all or any of the following matters, namely :- (a) the form in which and the terms and conditions under which a licence or permit may be granted; (b) the fees to be charged for any licence or permit; (c) the confiscation and disposal of any wild bird or wild animal killed, captured, possessed, bought, sold, or offered for sale in contravention of the provisions of this Act or of any animal or contrivances used in the commission of an offence under this Act; (d) the person or class of persons who may issue licenses and make complaints of offences under this Act or may require the production of a licence under sections 5 and 13; (e) in the case of any species of wild birds or wild animals, the numbers and sex that may be killed or captured under a licence; (f) for prohibiting certain methods of hunting, killing and capturing wild birds or animals. ### 23. Repeal and saving. - The Punjab Wild Birds and Wild Animals Protection Act, 1933, and the Preservation of Faunae of Patiala Act, 1996 Bikrami, are hereby repealed : Provided that anything done, or any action taken or any 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. I --- of wild birds and animals which are excluded from protection under section 4 of the Act. ------------------------------------------------------------------------------------------ \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| Sr. No. \| Scientific name \| English name \| Vernacular name \| \| \| \| \| \|- \| 1 \| 2 \| 3 \| 4 \| \| \|- \| BIRDS \| \| 1 \| Corvus levaillanti .. \| The Himalayan Jungle Crow \| Kowa, kawwa, kan, pahari, kowa. \| \| 2 \| Corvus splendens .. \| House Crow .. \| Kan, kowa, desi kan \| \| 3 \| Phalacrocorax carpo .. \| The Indian Large Cormorant \| Pan kowa, jalkan \| \| 4 \| Phalacrocorax fuscicollis \| The Indian Shag .. \| Jalkan, ghoghar \| \| 5 \| Phalacrocorax niger .. \| The Little Cormorant \| Jograli, nikka, Julkan \| \| 6 \| Anhinga melangogaster \| The Indian Darter or Snake Bird \| Jalkani, bunwa \| \| 7 \| Psittacula eupatria .. \| The Large Indian Paroquet \| Tota, raitota \| \| 8 \| Psittacula krameri .. \| The Rose-ringed Paroquet \| Tota, raitota \| \| 9 \| Psittacula cyanocephala \| The Western Blossom headed Paroquet \| Libbar tota, tuiya \| \| 10 \| Psittacula himalayana \| The Himalayan Slaty-headed Paroquet \| Tula tota, pahari tuiyan \| \| \| Male \| Female \| \| 11 \| Astur gentilis Schedowi \| The Eastern Gos-hawk \| Baz \| Zoora \| \| 12 \| Astur badius .. \| The Shikra or Brown Hawk \| Shikra .. \| Chepuk \| \| 13 \| Accipiter nisus .. \| The Sparrow-hawk .. \| Basha \| Bashin \| \| 14 \| Accipiter virgatus .. \| The Besra Sparrow-hawk \| Besra \| Dhooti \| \| 15 \| Falco peregrinus .. \| The Peregrine Falcon .. \| Bhairi \| Bhairi butcha \| \| 16 \| Falco peregrinus peregrinator \| The Indian Peregrine Falcon \| Koohi \| Kohela \| \| 17 \| Falco peregrinus baby-lonicus \| The Red capped Falcon \| .. \| .. \| \| 18 \| Falco jugger .. \| The Laggar Falcon .. \| Luggur \| Juggur \| \| 19 \| Falco cherrug .. \| The Saker Falcon or cherrug \| Cherrug \| Chergela \| \| 20 \| Falco columbarius insignis \| The Asiatic Merlin .. \| Rethul \| Regi \| \| 21 \| Falco chiquera .. \| The Red-headed Merlin \| Thurumti \| Thurumts \| \| 22 \| Caprimulgus Europaeus unwini \| Himalayan Night Jar \| Chippak, Dabehiri Andha Chirya \| Chappa Dabbak \| \| 23 \| Caprimulgusmacrourus albonotus \| Indian long tailed night jar \| .. \| .. \| \| 24 \| Caprimulgus inducus \| Indian jungle night jar \| .. \| .. \| \| 25 \| Caprimulgus assiaticus \| Common Indian night jar \| .. \| .. \| \| 26 \| Lynocornis carviniceps \| Great eared night jar \| .. \| .. \| \| 27 \| Haliaetus Leucoryphus \| Pallas fishing eagle .. \| Kurl \| .. \| \| 28 \| Ichthyophage humilis plumbeus \| Himalayan grey headed fishing eagle \| Kurl \| .. \| \| ANIMALS \| \| 29 \| Felis pardus .. \| The Leopard or panther \| Begh, berag, bolbagh chitra, purra, unagh Mirg \| \| 30 \| Felis bengalensis .. \| The Leopard Cat .. \| Chitta, billa, chenang, banbilla, jungli billi, bagar billa \| \| 31 \| Felis ernata .. \| The Indian Desert Cat \| Do \| \| 32 \| Felis chaus .. \| The Jungle Cat .. \| Do \| \| 33 \| Felis caracal .. \| The Caracal .. \| Siyah gosh, ekab patsalan, tsogda \| \| 34 \| Felis lynx .. \| The Lynx .. \| Do \| \| 35 \| Felis Viverra zibetha \| The Large Indian Civet \| Khatas, kastura, moosbkbilla, bausokar \| \| 36 \| Felis Paradoxurus gray \| The Himalayan Palm Civet \| Do \| \| 37 \| Herpestes auropunciatus \| The small Indian Mongoose \| Neol, nyul, naola, dhor \| \| 38 \| Herpestes mungo .. \| The Common Indian Mongoose \| Do \| \| 39 \| Herpestes smithi .. \| The Ruddy Mongoose \| Do \| \| 40 \| Canis lupus .. \| The Wolf .. \| Gurg, bhagyar, bheriya \| \| 41 \| Canis pallipes .. \| The Indian Wolf .. \| Do \| \| 42 \| Canis aureus \| The Jackal .. \| Giddar, siyal, phival \| \| 43 \| Cyon dukhensis \| The Indian Wild Dog.. \| Sonkutta, ramkutta, bunkutta, jangali kutta, Bhaosa, bhunsa \| \| 44 \| Mustela flavigula .. \| The Indian Marten or Pine Marten \| Chitrala, turala, shikra dhinkloo \| \| 45 \| Iutra vulgaris .. \| The Common Utter \| Ud, Udbilao, Ludhar \| \| 46 \| Ursus torquatus .. \| The Himalayan Black Bear \| Bhalu, Kala bhalu, richh \| \| 47 \| Boselaphus tragocamelus \| Nilgai or Blue Bull .. \| Nilgao, nilgai, lilgai, bangai, raujb, gond, bain[xx] [The star 'x' omitted by Punjab Adoptation of Laws (State and Concurrent Subjects Order, 1968.] \| \| 48 \| Macacus rehesus .. \| The Bengal Monkey .. \| Bandar \| \| 49 \| Hyaena striata .. \| The Hyena .. \| Tarkh \| \| 50 \| Pteropus Medius \| The Indian Fruit Bat.. \| Badur, Barbagul, chumgidda ultakao manis \| \| 51 \| Hystrix bucura .. \| The Indian Porcupine \| Syal, sahi, kundewalliseh \| \| 52 \| Sclurius indicus .. \| The squirrel .. \| Galehra \| \| 53 \| Mus (whole family) .. \| Rats and mice .. \| Chuha, chuhi \| \| 54 \| Sus eristatus .. \| The Indian Wild Boar \| Suar, budh \| \| \|- \| [x x x x] [Note etc. omitted by Punjab Adoptation of Laws (State and Concurrent Subjects Order, 1968.] \| II ---- of wild birds which under section 4(3) of the Act may be killed or captured under a licence and to the extent permitted thereby during the period specified in column 5, subject to the proviso that they may be shot without a licence during the said period ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| Serial No. \| Scientific name \| English name \| Vernacular name \| Period \| \| 1 \| 2 \| 3 \| 4 \| 5 \| \| BIRDS ANATIDAE \| \| 1 2 3 4 \| Cygnus cygnus Cygnus bewicki Cygnus minor Cygnus olor \| The Whole (swan) Bewick's Swan .. Alpheraky's Swan The Mute Swan .. \| .. .. .. .. \| } \| 1st October to15th March \| \| \| III ----- of wild birds and wild animals which may be killed or captured under a licence and to the extent permitted thereby during the period specified in column 5 ------------------------------------------------------------------------------------------------------------------------------------------------------------ \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| Sr.No. \| Scientific name \| English name \| Vernacular name \| Period \| \| 1 \| 2 \| 3 \| 4 \| 5 \| \| \|- \| BIRDS COLUMDIDAE \| \| 1 \| Crocopus Phoenicopterus \| The Green Pigeon \| Kandel, harrial, kokla, latta, nilsir, guggu, guya \| The shooting period throughout the State shall be from 1st October to 15th March unless otherwise specified \| \| 2 \| Sphenocercus sphenurus \| The wedgeiled Green Pigeon \| \| 3 \| Columba livia .. \| The Blue Rock pigeon \| Kabutar \| \| \| 4 \| Columba rupestris.. \| The Blue Hill Pigeon \| do \| Ditto \| \| 5 \| Columba oenas .. \| The Eastern Stock Pigeon or Dove \| Salara, Kabutar Kamar Kula \| Ditto \| \| 6 \| Columba leuconota \| The White bellied or Snow Pigeon \| Bhusli, bujul, Bhujri, rapia, charan luku \| Ditto \| \| 7 \| Dendrotreron Hodgsonij .. \| The Speckled Wood Pigeon \| Kamlowa, Chittal, Kabutar \| The shooting period throughout the State shall be from 1st October to 15th March, unless otherwise specified. \| \| 8 \| Streptopelia Orientalis \| Rufous, Turtle Dove \| Kamlowa, Chittal, Kabutar, Laber \| Ditto \| \| 9 \| Columbia palumbus \| The Eastern Wood Pigeon or Ring Dove \| Dand, Kabutar \| Ditto \| \| 10 \| Streptopelia chinensia \| The Indian Spotted Dove \| Ghuggi, fakhta tottru, chhota fakhta \| Ditto \| \| 11 \| Streptopelia decaocto \| The Indian Ring Dove \| Ghuggi, fakhta, ghaggi, Panduk, geyrra \| Ditto \| \| PTEROCLIDAE \| \| 12 \| Pterocles orientalis \| The large Imperial or Black-bellied Sandgrouse \| Bhattitar, bakht, bakhtitar, bhatta, bhalhar, siah sina, bhotitar, dukru, mindru, chhotta Bhattitar, chittidar, bhattider \| Ditto \| \| 13 \| Pterocles indicus \| The Painted Sandgrouse \| \| \| 14 \| Pterocles coronatus \| The Coronetted Sandgrouse \| \| \| 15 \| Pterocles alchata \| The Large Pintailed Sandgrouse \| \| \| \| 16 \| Ptrerocles extustus \| The Common Indian Sandgrouse \| Kuk, kaling, korunda, kung \| \| \| 17 \| Syrrhaptes tibetanus \| The Tibetan Sandgrouse \| \| \| \| PHASIANIDAE \| \| 18 \| Pavocristatus .. \| The Common Peafowl \| Mor, Mamjhr, bodar \| Ditto \| \| 19 \| Gallus bankiva .. \| The Common Red Jungle fowl .. \| Jungli murghi, ban kukar, kukar \| Ditto \| \| 20 \| Catreus Wallichii .. \| The Chir Pheasant \| Chir, Chihir, Chaman, Chair \| The shooting period throughout the State shall be from 1st October to 15th March, unless otherwise specified \| \| 21 \| Cereornis macrolophus \| The Pukras or Koalas Pheasant \| Koklas, khwakta, phokras, plachh, khwakah \| Ditto \| \| 22 \| Gennaeus hamiltonli \| The White crested Kalij \| Kolsa, kalij, kalesha \| Ditto \| \| 23 \| Lophophorus impejanus \| The Impeyan Pheasant or Monal \| Monal, Karrari, nil, bod, narel neroala, nilwal \| Ditto \| \| 23-A \| Targopan melanocephalus \| The Western Horned Pheasant \| Phulgar, jaji, jijurara jowar \| Ditto \| \| 24 \| Perdicula asiatica .. \| The Bush Quail \| Lowa, lawa, batol, batoli, chho nuk \| Ditto \| \| 25 \| Arborophila torqueola \| The hill Partridge \| Piora, Pemra, pahari titar, ban titar \| Ditto \| \| 26 \| Alectoris gracca .. \| The Chukar or Chikor \| Chukor, chukra, chakur, khonk, kaunk, kakh, chahru \| Ditto \| \| 27 \| Ammoperdix griseogularis \| The Secsee Partridge \| Sisi, sasi, sussi, kakki, chaukla \| Ditto \| \| 28 \| Francolinus francolinus \| The Black Partridge \| Kala titar, koddi titar \| Ditto \| \| 29 \| Francolinus pondicerianus \| The Grey Partridge \| Tittar, titur, bagga titar, parila \| Ditto \| \| 30 \| Tetraogallus himalayensis \| The Himalyan Snow Cock \| Golind, golaund, lip, lipya \| Ditto \| \| 31 \| Tetraogallus tibetanus \| The Tibetan Snow Cock \| Golind, Golaund, Gorkagu \| Ditto \| \| 32 \| Lerwa lerwa .. \| The Snow Partridge \| Ram chakru ram chukor, tillu, dhedu chakru \| Ditto \| \| TURNICIDAE \| \| 33 \| Turnix dussumieri \| The little Button quail \| Lawa, chhota lawa \| The shooting period throughout the State shall be from 1st October to 15th March unless otherwise specified \| \| 34 \| Turnix maculatus.. \| The Indian Button Quail \| Do \| \| 35 \| Coturnix coturnix \| The Common Quail \| Bater, bara, bater, gagas-bater, khair bater, china, bater \| Ditto \| \| 36 \| Coturnix coromandelica \| The Black breasted of Rain Quail \| \| \| \| 37 \| Excalfactoria chinesis \| The Blue breasted quail \| Bater, bara bater khaira, bater, china bater \| Ditto \| \| 38 \| Grus \| The Eastern Crane \| Kunj, kulang, murunch \| Ditto \| \| 39 \| Anser anser .. \| The Grey Lag Goose \| Sona, kurria, sona hans, hans raj, mug \| Ditto \| \| 40 \| Anser albifrons \| The white fronted goose \| Hans Raj, mug, chittach, mug \| Ditto \| \| 41 \| Anser erythropus.. \| The Dwarf or Lesser White fronted goose \| \| Do \| \| 42 \| Anser brachyrhynchus \| The Pink footed goose \| \| Ditto \| \| 43 \| Anser indicus \| The Bar headed goose \| Hans, kary hans, rai hans, mag birwa \| Ditto \| \| 44 \| Anser Branta ruficollis \| The red-breasted goose \| .. \| Ditto \| \| RALLIDAE \| \| 45 \| Prophyrio Polioce phalus \| The Indian Purple Moorhen \| Kaim, kalim, khima \| Ditto \| \| 46 \| Fulica atra atra .. \| The Common coot \| Khuskal, dasari, the kari kali murghabi \| Ditto \| \| MEGALORNITHIDAE \| \| 47 \| Anthropoides virgo \| The demoiselle Crane \| Karkarru, fchhota kunj \| The shooting period throughout the State shall be from 1st October to 15th March, unless otherwise specified \| \| OTIDIDAE \| \| 48 \| Otis tarda \| The Great Bustard \| Khalmor, tugdar, gurain, tilur, Baratugdar \| Ditto \| \| 49 \| Tetrax Tetrax \| The Little Bustard \| Chhotatilur, Karwanak \| Ditto \| \| 50 \| Choriotisnigriceps .. \| The great Indian Bustard \| Khalmor, tugdar, gurain, tilur \| Killing or capturing prohibited throughout the year \| \| 51 \| Chalamydotis undulata \| The Houbara or Macqueen's Bustard \| Houbara, tiltur, khermora, karwanak \| The shooting period throughout the State shall be from 1st October, to 15th March, unless otherwise specified \| \| 52 \| Sypheotides indica \| The Lessor Florican or Likh \| Likh, chhotta charat, karwanak \| Ditto \| \| BURHINIDAN \| \| 53 \| Burhinus oedinenemus \| The stone Plover \| Lambi Karwanak, basiri, abi \| The shootin period throughout the State shall be from Ist October, to 15th March unless otherwise specified \| \| 54 \| Esacus recurvirostris \| The Great Stone Plover \| Do \| Ditto \| \| 55 \| Cursorius coromandelicus \| The Indian Courser \| Nukri \| Ditto \| \| 56 \| Cursorius cursor \| The Eastern cream-coloured Courser \| Do \| Ditto \| \| CHARADRIDAE \| \| 57 \| Vanellus vanellus \| The Lawping peewit or Green Plover \| Bodhur \| Ditto \| \| 58 \| Pluvialis domincus \| The Eastern golden Plover \| Do \| Ditto \| \| 59 \| Pluvialis appricarius \| The Golden plover \| Do \| Ditto \| \| 60 \| Numenius arquata \| The Curlew \| Do \| Ditto \| \| 61 \| Scolopax rusticola .. \| The Wood-cock \| Simkukri, Jalakri, julkukri, sumkukri \| Ditto \| \| 62 \| Capella nemoricola \| The wood Snipe \| Burra Chaha, sumkukri, chaha jalakri \| Ditto \| \| 63 \| Capella Solitaria \| The Eastern Solitary Snipe \| Ditto \| \| 64 \| Capella gallinago .. \| The Common or Fantail Snipe \| Chaha jalakri \| Ditto \| \| 65 \| Capella Stenura .. \| The Pin-tail Snipe \| Chaha jalakri \| Ditto \| \| 66 \| Capella media .. \| The Great Snipe, \| Chaha jalakri \| \| \| 67 \| Lymnocryptes minima .. \| The Jack Snipe .. \| Chhota Chaha \| Ditto \| \| ROSTRATULIDAE \| \| 68 \| Rostrautula bengalensis \| The painted Snipe \| Rangila Chaha, chabarcha \| Ditto \| \| 69 \| Tadorna tadorna .. \| The Sheldrake .. \| Safed chakwa, shah chakwa, safed surkhab \| Ditto \| \| 70 \| Casarca ferruginea \| The Ruddy Sheldrake or Brahminy Duck .. \| Surkhab, chakwa, chakwi, lal surkha b \| The shooting period throughout the State shall be from 1st October to 15th March, unless otherwise specified \| \| 71 \| Anas platyrhicha \| The Crested or Falcated Teal \| .... \| Ditto \| \| 72 \| Chaulelasmus streperus \| The Gadwall \| Mila, bhuar, beykhur, murghabi \| Ditto \| \| 73 \| Marecapenelope .. \| The Wigeon .. \| Peasan, patari, chhota alsir, murghabi \| Ditto \| \| 74 \| Nettion formosum \| The Barkal or Clucking Teal \| Choota murgabi kerra putari, souchuruka, murghabi \| Ditto \| \| 75 \| Nettion crecca .. \| The common Teal \| \| \| 76 \| Dafila acuta \| The Pintail \| Sanh, sink-par, murghabi \| Ditto \| \| 77 \| Querquedula querquedula \| The Garganey or Blue winged Teal \| Chatwa khira, putari, murghabi \| Ditto \| \| 78 \| Spatula clypeata .. \| The Shoveller .. \| Tidari, punana, takarwala, ghira, murghabi \| Ditto \| \| 79 \| Marmaronetta angustirostris .. \| The Marbled Teal \| .. \| Ditto \| \| 80 \| Netta rufina \| The red crested Pochard \| Lalsir, murghabi \| Ditto \| \| 81 \| Nyroca ferina .. \| The Pochard or Sun Bird \| Lalsir, buranar, murghabi \| Ditto \| \| 82 \| Nyroca rufa .. \| The white-eyed Pochard or White eye \| Karchiya, burar, mada lalbigri, murghabi \| Ditto \| \| 83 \| Nycroca marila \| The Scaup .. \| .. \| Ditto \| \| 84 \| Xyroca fulguia .. \| The Tufted Pochard \| Dubaru, abtak, rohwara, murghabi \| Ditto \| \| 85 \| Glaucionett clan-guila \| The Golden eye \| .. \| Ditto \| \| 86 \| Erismatura leu cocephala \| The White-headed or Stifftiled Duck \| .. \| Ditto \| \| 87 \| Megellus albellus \| The Smew \| \| The shooting period throughout the State shall be from 1st October to 15th March, unless otherwise specified \| \| 88 \| Mergus merganser \| The Goosander \| .. \| Ditto \| \| 89 \| Mergusserrator \| The Red breasted Mergansar \| .. \| Ditto \| \| 90 \| Sarkidiornis melanotus \| The Nukta or Comb Duck \| Nukta murghabi \| Ditto \| \| 91 \| Asarcornis scutulatus \| The White winged Wood Duck \| .. \| Ditto \| \| 92 \| Rhodonessa caryo phyllacea \| The pink headed Duck \| Lal sira, gulab sira murghabi \| Ditto \| \| 93 \| Nettapus coromandelianus \| The cotton Teal \| Giri, girria, girya, murghabi \| Ditto \| \| 94 \| Dendrcygna javanica \| The Leeser Whistling Teal \| Sili, silahi, murghabi \| Ditto \| \| 95 \| Dendrocygna fulva \| The large Whistling Teal \| Bara silahi, murghabi \| Ditto \| \| 96 \| Anas poecilorhyncha \| The Indian Spotbil or Grey Duck Animals \| Garmpai, gugral, bata batak humjur, murghahi \| Ditto \| \| 97 \| Ovis vignei \| Urial \| Uriyal, hurial, sha, koh-i-dumbak, koch, gad, garand \| Subject to the rules published with Punjab Government notification No. 18539 (Forests) , dated 18th August, 1919 \| \| 98 \| Ovis hodgsoni (misnamed Ovis Ammon) \| The Great Tibetan Sheep \| Nian \| Ditto \| \| 99 \| Ovis nahura \| Bharat, or Blue Sheep \| Miatu, bharal, bhard, warr \| Ditto \| \| 100 \| Capra sibirica .. \| The Himalayan Ibex \| Trangol, katrol, tangrol skin \| Ditto \| \| 101 \| Hemitragus jemlaicus \| Thar (Only in accordance with the rules published with Punjab Government notification No. 1392-S (Forests) , dated 5th September, 1916 \| Tahr, thar, meshi, mehi, sbi, karth, korth, kart \| Ditto \| \| 102 \| Nemorhaedus bubalinus \| Serow, or Himalayan Goat Antelope \| Goa, Yamu, emru, aimu, sarao, jangal \| Ditto \| \| \| \| 103 \| Cemes goral ... \| Goral ... \| Pij. ban bakri, ghorrur, gurrur, ghoral ghurral, gudh, sar \| Subject to the rules published with Punjab Government notification No. 18639 (Forests) , dated 18th August, 1919 \| \| 104 \| Pantholops hodgsoni \| Tibetan Antelope \| Tsus chus, chiru, chuhu \| Ditto \| \| 105 \| Moschus moschiferas \| The musk Deer \| Kastura, raunsa, bina, bijri, rocbh, raonwi, ranwhin \| Ditto \| \| 106 \| Antelope cervicapra \| Indian Antelope or Black Buck \| Hiran, haran, kala hiran, mirg, modain, kalhra \| 1st October to 15th March \| \| 107 \| Cervulus muntjac \| The Barking Deer \| Kakar or Kakkar \| Ditto \| \| 108 \| Cervus axis .. \| The Spotted Deer \| Chital, chittal, chitra jhank, paga lhiran, charba hiran \| Ditto \| \| 109 \| Cervus porcinus \| The Hog Deer \| Para, Pahra, parha \| Ditto \| \| 110 \| Tetracerus quadricornis \| Fore horned Antelope \| Chausingh, clauba, deda \| Ditto \| \| 111 \| Gazelle bennetti \| Indian Gazellis or Ravine Deer \| Chinkara, chikara, kalpunch ask, ahu ratta, gora hiran, chitka hiran, chitka hiran, chhatika \| Ditto \| \| 112 \| Cervus unicolor \| The Sambhar ... \| Sambar, samar, sambhar, braasingh \| Ditto \| \| 113 \| Lepus ruficaudatus \| The Common Indian Hare \| Khargosh, seru, pharru, susya sassu, usa, sasa, seha, saiyah, sehu \| Ditto \| \| 114 \| Lepus dayanus \| The Sind Hare ... \| Ditto ... \| Ditto \| \| 115 \| Lepus hypsibius \| The upland Hare .. \| Ditto .. \| Ditto \| \| 116 \| Equus hemionus \| The Wild Ass .. \| Goakhar ghur, ghuran, jungli khota \| Ditto \| \| 117 \| Ursu arcuts .. \| The Red Bear or Snow Bear \| Bharboo, lagru, ratta bhalu, rate thalu, bhirid, shaham, lal bhalu, lal richh \| Only in accordance with the rules published with Punjab government notification No. 1392-S (Forest) dated the 5th September, 1916 \| \| 118 \| Felis Tigris .. \| The Tiger \| Sherbara bagh (sherni baghni females) \| .. \| IV ---- of wild birds and wild animals which may be kept in captivity as bona fide pets on call-birds up to the limit specified in column 5 of the Schedule under licence. -------------------------------------------------------------------------------------------------------------------------------------------------------------------- \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| Sr. No. \| Scientific name \| English name \| Vernacular name \| Limit \| \| 1 \| 2 \| 3 \| 4 \| 5 \| \| 1 \| Ploceinac .. \| The Weaver Birds (all kinds) \| Baya, Bijra, etc \| Upto a limit of ten, of each specie \| \| 2 \| Viduinae .. \| Munias (of all kinds) \| Lalmunia, Charchana, Churuka, etc. \| \| \| 3 \| All birds and animals included in Schedule I \| \| .. \| Without limit \| \| 4 \| Columba livia .. \| The Blue Rock Pigeon \| Kabutar \| Ditto \| \| 5 \| All other wild birds and wild animals \| \| .. \| Upto a limit of 4 in case of hares and 2 in case of wild animals. \|
65ba6dc1ab84c7eca86eb49d	acts	Union of India - Act ---------------------- The Khuda Bakhsh Oriental Public Library Act, 1969 ---------------------------------------------------- UNION OF INDIA India The Khuda Bakhsh Oriental Public Library Act, 1969 ==================================================== Act 43 of 1969 ---------------- * Published on 26 December 1969 * Commenced on 26 December 1969 The Khuda Bakhsh Oriental Public Library Act, 1969 ACT NO. 43 OF 1969 ### 1296. The Khuda Baksha Oriental Public Library, Patna, was built out of the valuable personal collections of Arabic and Persian manuscripts and books of the late Maulvi Mohammad Baksh Khan. Later on, his son, the late Khuda Baksh, added to this collection. In 1891 Maulvi Khuda Baksha executed a deed of trust appointing the then Government of Bengal as trustees for the management of the Library. The Government of Bihar (as successor Government) are now the trustees. As at present Khuda Baksh Oriental Library, Patna, is being administered by a Board of Management set up by the Government of Bihar in consonance with the terms of the deed of trust and in consultation with the Central Government. The Government of Bihar have agreed to transfer the control of the library to the Central Government on the following conditions:- (i) that the Library or any of its possessions should not be removed outside the limits of the Patna Municipal Corporation; (ii) that the State Government is given an adequate representation in the Managing Body of the Library; and (iii) that the State Government's share of expenditures should not exceed Rs. 50,000 per annum. The present premises of the Library will be handed over by the Government of Bihar to the Central Government free of cost. Having regard to the importance and the value of the collections in the Library and to the need for reorganising and developing the Library on modern scientific lines, it is considered that it should be declared to be an institution of national importance under Entry 62 in List I of the Seventh Schedule to the Constitution. The Bill seeks to give effect to the proposal and makes provision mainly for the following. - (1) the establishment of a Board consisting of 12 persons for the administration of the Library and the vesting in the Board of the property of the Library; (2) transfer of the existing staff to the Board; (3) the issue of directions of Government to the Board in the discharge of its functions, the submission by the Board of annual budget estimates and reports to Government, the deposit of funds in the Reserve Bank etc., and the annual audit of the accounts of the Board by the Comptroller and Auditor-General of India." - Gazette of India, 21-2-1968, Pt. II, Section 2, Extra, page 84. [26th December, 1969] An Act to declare the Khuda Bakhsh Oriental Public Library at Patna to be an institution of national importance and to provide for its administration and certain other connected matters. BE it enacted by Parliament in the Twentieth Year of the Republic of India as follows:- Chapter I Preliminary -------------------------- ### 1. Short title and commencement. (1) This Act may be called the Khuda Bakhsh Oriental Public Library Act, 1969. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. \| \| \| --- \| \| Enforced w.e.f. 21-7-1970; Vide Notfn. No. G.S.R. 1255, dt. 17-7-1970, Gazetle of India, Pt. II, Section 3(i) , p. 3074. \| ### 2. Declaration of Khuda Bakhsh Oriental Public Library as an institution of national importance. It is hereby declared that the Khuda Bakhsh Oriental Public Library at Patna in the State of Bihar is an institution of national importance. ### 3. Definitions. In this Act, unless the context otherwise requires,- (a) "Board" means the Board established under section 4; (b) "Chairman" means the Chairman of the Board; (c) "deed of trust" means the deed of trust No. 217 executed in the office of the Deputy Registrar of Patna by the late Maulvi Khuda Bakhsh Khan Bahadur of Muradpur on the 14th January, 1891; (d) "Fund" means the Fund referred to in section 19; (e) "library" means the Khuda Bakhsh Oriental Public Library declared to be an institution of national importance under this Act; (f) "member" means a member of the Board and includes the Chairman; (g) "prescribed" means prescribed by rules made under this Act; (h) "State Government" means the Government of Bihar. Chapter II The Khuda Bakhsh Oriental Public Library Board -------------------------------------------------------------- ### 4. Establishment and incorporation of Board. (1) With effect from such date as the Central Government may, by notification in the Official Gazette, appoint, there shall be established for the purposes of this Act, a Board to be known as the Khuda Bakhsh Oriental Public Library Board. (2) The Board shall be a body corporate with 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 and contract, and may, by that name, sue and be sued. ### 5. Composition of Board. (1) The Board shall consist of the following persons, namely:- (a) the Governor of Bihar, exofficio, Chairman; (b) the Accountant General, Bihar, exofficio; (c) a person to be nominated by the Central Government, who shall be a member of the family of the late Maulvi Khuda Bakhsh Khan Bahadur of Muradpur; (d) eight persons, four each to be nominated by the Central Government and the State Government, who shall, as far as possible, be persons having knowledge of, and experience in, matters relating to the administration of libraries; (e) the Director, Khuda Bakhsh Oriental Public Library, ex-officio Member-Secretary. (2) Every nomination under this section shall take effect as soon as it is notified by the Central Government in the Official Gazette. ### 6. Term of office and fresh nomination in certain cases. (1) The terms of office of nominated members shall be such as may be prescribed. (2) Any nominated member may resign his office by giving notice in writing to the Central Government and to the State Government, and on such resignation being notified by the Central Government in the Official Gazette, shall be deemed to have vacated his office. (3) A casual vacancy created by the resignation of a nominated member under sub-section (2) or for any other reason may be filled by fresh nomination by the Central Government or the State Government, as the case may be, and a member so nominated shall hold office for the remaining period for which the member in whose place he is nominated would have held office. (4) An outgoing member shall be eligible for renomination. (5) If any nominated member is by infirmity or otherwise rendered temporarily incapable of carrying out his duties or is absent on leave or otherwise in circumstances not involving the vacation of his office, the Central Government or the State Government, as the case may be, may nominate another person to act in his place during his absence. ### 7. Vacancies, etc., not to invalidate acts. No act of the Board shall be invalid merely by reason of- (a) any vacancy in, or defect in the constitution of, the Board, or (b) any defect in the nomination of a person acting as a member thereof, or (c) any irregularity in its procedure not affecting the merits of the case. ### 8. Duty of Government nominating persons, etc. (1) Before nominating a person to be a member of the Board, the Central Government or the State Government, as the case may be, shall satisfy itself that the person will have no such financial or other interest as is likely to affect prejudicially the exercise or performance by him of his functions as a member, and the Central Government or the State Government, as the case may be, shall also satisfy itself from time to time with respect to every member nominated by it that he has no such interest; and any person who is or whom the Central Government or the State Government, as the case may be, proposes to nominate and who has consented to be, a member shall, whenever requested by the Central Government or the State Government so to do, furnish to it such information as that Government considers necessary for the performance by it of its duties under this sub-section. (2) A nominated member who is in any way, directly or indirectly, interested in a contract made or proposed to be made, by the Board shall, as soon as possible, after relevant circumstances have come to his knowledge, disclose the nature of his interest at a meeting of the Board and the disclosure shall be recorded in the minutes of the Board and the member shall not take any part after the disclosure in any deliberation or decision of the Board with respect to that contract. ### 9. Meetings of Board. (1) The Board shall meet at such times and places and shall, subject to the provisions of sub-sections (2), (3) and (4), observe such rules of procedure in regard to the transaction of business at its meetings (including the quorum at meetings) as may be provided by regulations made under this Act. (2) The Chairman or, in his absence, any member chosen by the members present from among themselves, shall preside at a meeting of the Board. (3) If any nominated member, being an officer of Government, is unable to attend any meeting of the Board, he may, with the previous approval of the Chairman, authorise any person in writing to do so. (4) All questions at a meeting of the Board shall be decided by a majority of the votes of the members present and voting and in the case of an equality of votes, the Chairman or, in his absence, the member presiding, shall have a second or casting vote. ### 10. Temporary association of persons with Board for particular purposes. (1) The Board may associate with itself in such manner and for such purposes as may be provided by regulations made under this Act, any person whose assistance or advice it may desire in performing any of its functions under this Act. (2) A person associated with it by the Board under sub-section (1) for any purpose shall have the right to take part in the discussions of the Board relating to that purpose, but shall not, by virtue of this section, be entitled to vote. ### 11. Authentication of orders and other instruments of Board. All orders and decisions of the Board shall be authenticated by the signature of the Chairman or any other member authorised by the Board in this behalf, and all other instruments issued by the Board shall be authenticated by the signature of an officer of the Board authorised in like manner in this behalf. ### 12. Staff of Board. (1) Subject to the provisions of sub-section (2), the Board may, for the purpose of enabling it efficiently to perform its functions under this Act, appoint such number of officers and other employees as it may think fit. (2) The recruitment and conditions of service of such officers and employees shall be such as may be provided by regulations made under this Act. ### 13. Transfer of service of existing employees to Board. Subject to the provisions of this Act, every person employed in the library immediately before the date of establishment of the Board shall, on and from such date, become an employee of the Board with such designation as the Board may determine and shall hold his office or service therein by the same tenure, at the same remuneration and upon the same terms and conditions as he would have held the same on such date if the Board had not been established and shall continue to do so unless and until his employment in the Board is terminated or until such tenure, remuneration and terms and conditions are duly altered by the Board : Provided that the tenure, remuneration and terms and conditions of service of any such person shall not be altered to his disadvantage without the previous approval of the Central Government. ### 14. Location of library. The library shall be located at Patna. Chapter III Property, Liabilities And Functions Of The Board ----------------------------------------------------------------- ### 15. Property and liabilities of Board. (1) On the establishment of the Board-- (i) all properties, funds and dues which are vested in, or realisable by, the trustees of the library constituted by the deed of trust, in their capacity as such, shall vest in, and be realisable by, the Board; and (ii) all liabilities in relation to the library which are enforceable against the said trustees, shall be enforceable only against the Board. (2) All properties, which may, after the establishment of the Board, be given, bequeathed or otherwise transferred to the library or acquired by the Board, shall vest in the Board. ### 16. Duties of Board. (1) Subject to the provisions of the deed of trust, it shall be the general duty of the Board to manage the library and to plan, promote, organise and implement programmes for the development of the library on modern scientific lines (including the microfilming of rare manuscripts) and to perform such other functions as the Central Government may, from time to time, assign to the Board. (2) In particular and without prejudice to the generality of the foregoing provision, the Board may take such steps as it thinks fit- (a) for providing for instruction and research in matters relating to libraries and for the advancement of learning and dissemination of knowledge in such matters; and (b) to do all such other things as may be necessary for the discharge of its functions under this Act. ### 17. Powers of Board. (1) Subject to such conditions and restrictions as the Central Government may think fit to impose, the Board may exercise all such powers as may be necessary or expedient for the purpose of carrying out its duties under this Act. (2) Subject to such regulations as may be made by the Board in this behalf, the Board may from time to time purchase or otherwise acquire such manuscripts, books, articles or things as may, in the opinion of the Board, be worthy of preservation in the library. Chapter IV Finance, Accounts, Audit And Reports ---------------------------------------------------- ### 18. Grants by Central Government to Board. For the purpose of enabling the Board to discharge its functions efficiently under this Act, the Central Government may, after due appropriation made by Parliament by law in this behalf, pay to the Board in each financial year such sums of money as that Government considers necessary by way of grant, loan or otherwise. ### 19. Fund of Board. (1) The Board shall maintain a Fund to which shall be credited- (a) all moneys paid by the Central Government; (b) such sums of money as the State Government may pay annually having regard to its resolution No. V/L 4055/60/E 120, dated the 26th September, 1962; (c) all fees and other charges levied under this Act; (d) all moneys received by the Board by way of grant, gift, donation, benefaction, bequest, subscription, contribution or transfer; (e) all other moneys received by the Board in any other manner or from any other source. (2) The Board may expend such sums as it thinks fit for performing its functions under this Act and such sums shall be treated as expenditure payable out of the Fund. (3) A sum of money not exceeding such amount as may be provided by regulations made under this Act may be kept in current account with any scheduled bank as defined in section 2 of the Reserve Bank of India Act, 1934 ( 2 of 1934 ), or any other bank approved by the Central Government in this behalf, but any moneys in excess of that sum shall be deposited in the Reserve Bank of India or with the agents of the Reserve Bank of India or invested in such manner as may be approved by the Central Government. ### 20. Budget. (1) The Board shall, by such date in each year as may be specified by the Central Government, submit to it for approval a budget for the next financial year in the form specified by it, showing the estimated receipts and expenditure, and the sums which would be required from the Central Government during that financial year. (2) If any sum granted by the Central Government remains wholly or partly unspent in any financial year, the unspent sum may be carried forward to the next financial year and taken into account in determining the sum to be provided by the Central Government for that year. (3) Subject to the provisions of sub-section (4), no sum shall be expended by or on behalf of the Board, unless the expenditure is covered by provision in the budget approved by the Central Government. (4) Subject to such conditions and restrictions as the Central Government may think fit to impose, the Board may sanction any reappropriation from one head of expenditure to another or from a provision made for one purpose to that for another purpose. ### 21. Accounts and audit. (1) The Board shall maintain proper accounts and other relevant records and prepare an annual statement of accounts including the balance-sheet in such form as may be specified, and in accordance with such general directions as may be issued by the Central Government in consultation with the Comptroller and Auditor-General of India. (2) The accounts of the Board shall be audited annually by the Comptroller and Auditor-General of India and any expenditure incurred by him in connection with such audit shall be payable by the Board to the Comptroller and Auditor-General of India. (3) The Comptroller and Auditor-General of India and any person appointed by him in connection with the audit of the accounts of the Board shall have the same rights, privileges and authority in connection with such audit as the Comptroller and Auditor-General of India has in connection with the audit of Government accounts, and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect the office of the Board, and the library. (4) The accounts of the Board as certified by the Comptroller and Auditor-General of India or any other person appointed by him in this behalf, together with the audit report thereon, shall be forwarded annually to the Central Government and that Government shall cause the same to be laid before each House of Parliament. ### 22. Returns and reports. (1) The Board shall furnish to the Central Government at such time and in such form and in such manner as the Central Government may direct such returns, statements and particulars as the Central Government may, from time to time, require. (2) Without prejudice to the provisions of sub-section (1) the Board shall, as soon as possible after the commencement of each financial year, submit to the Central Government within such time as may be specified by the Central Government a report giving true and full account of the activities of the Board during the previous financial year and an account of activities likely to be undertaken during the current financial year. Chapter V Miscellaneous ---------------------------- ### 23. Power of Central Government to issue directions to Board. (1) In the discharge of its functions under this Act, the Board shall be bound by such directions on questions of policy as the Central Government may give to it from time to time: Provided that the Board shall be given an opportunity to express its views before any direction is given under this sub-section. (2) The decision of the Central Government whether a question is one of policy or not shall be final. ### 24. Delegation of powers and duties. The Board may, by general or special order in writing, direct that all or any of the powers or duties which may be exercised or discharged by it shall, in such circumstances and under such conditions, if any, as may be specified in the order, be exercised or discharged also by any member, officer or employee of the Board specified in this behalf in the order. ### 25. Officers and employees of Board to be public servants. All officers and employees of the Board shall, when acting or purporting to act in pursuance of the provisions of this Act or of any rule or regulation made thereunder, be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860). ### 26. Protection of action taken under the Act. No suit, prosecution or other legal proceeding shall lie against the Board or any member, officer or employee of the Board for any thing which is in good faith done or intended to be done in pursuance of this Act or of any rule or regulation made thereunder. ### 27. Power of Central Government to make rules. (1) The Central Government may, by notification in the Official Gazette, make rules to give effect to the provisions of this Act: Provided that when the Board has been established, no such rules shall be made without consulting the Board. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:- (a) the term of office of, and the manner of filling casual vacancies among, the members nominated under clauses (c) and (d) of sub-section (1) of section 5; (b) the travelling and other allowances payable to a member other than the Chairman and to a person associated with the Board under section 10; (c) the disqualifications for membership of the Board and the procedure to be followed in removing a member who is or becomes subject to any disqualification; (d) the conditions subject to which, and the mode in which, contracts may be entered into by or on behalf of the Board; (e) 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 immediately following the session or the successive sessions aforesaid] [Substituted by Act 51 of 1981, Section 2. ] 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. ### 28. Power of Board to make regulations. (1) The Board may, with the previous approval of the Central Government, by notification in the Official Gazette, make regulations, not inconsistent with this Act and the rules made thereunder, for enabling it to discharge its functions under this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:- (a) the conditions and restrictions subject to which manuscripts and books in the library may be used; (b) the manner in which, and the purposes for which, persons may be associated with the Board; (c) the time and place of meetings of the Board, the procedure to be followed in regard to the transaction of business at such meetings and the quorum necessary for the transaction of business at a meeting; (d) the maintenance of minutes of meetings of the Board and the transmission of copies thereof to the Central Government; (e) the recruitment and conditions of service of officers and other employees of the Board; (f) the persons by whom and the manner in which, payments, deposits and investments may be made on behalf of the Board; (g) the maximum amount that may be kept in the current account; (h) the maintenance of registers and accounts; (i) the compilation of catalogues and inventories of the manuscripts, books and other articles and things in the library; (j) the steps to be taken for the preservation of the manuscripts, books and other articles and things in the library; (k) the general management of the library; (l) the fees and other charges to be levied for the use of manuscripts and books in the library; (m) any other matter in respect of which provision is, in the opinion of the Board, necessary for the performance of its functions under this Act. (3) The Central Government may, after consultation with the Board, by notification in the Official Gazette, amend, vary or rescind any regulation which it has approved; and thereupon the regulation shall have effect accordingly, but without prejudice to the exercise of the powers of the Board under sub-sections (1) and (2). (4) [ Every regulation 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 session, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the regulation or both Houses agree that the regulation should not be made, the regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that regulation.] [Inserted by Act 51 of 1981, Section 3. ]
65b9237aab84c7eca86e867a	acts	State of Uttar Pradesh - Act ------------------------------ U.P. Jute Goods (Control) Act, 1950 ------------------------------------- UTTAR PRADESH India U.P. Jute Goods (Control) Act, 1950 ===================================== Act 15 of 1950 ---------------- * Published on 16 March 1950 * Commenced on 16 March 1950 U.P. Jute Goods (Control) Act, 1950 (U.P. Act No. 15 of 1950 ) [Dated 16th March, 1950] Received the assent of the President on 16th March, 1950 and published in the U.P. Gazette, (Extraordinary) , dated 16th March, 1950. Authoritative English Text of the Uttar Prtideshvya Jute ki Bani Vastuon ke Niyantran ka Adhiniyam, 1950 An Act to provide for regulation of the production, supply and distribution of Jute Goods Whereas by the United Provinces Jute Goods (Control) Ordinance, 1949, provision was made for regulation of the production, supply and distribution of jute goods; Whereas it is expedient to replace the said Ordinance by an Act of the State Legislature; It is hereby enacted as follows : ### 1. Short title, extent and commencement. (1) This Act may be called the Uttar Pradesh Jute Goods (Control) Act, 1950. (2) It extends to the whole of Uttar Pradesh. (3) It shall come into force at once. ### 2. Definitions. - In this Act, unless there is anything repugnant in the subject or context,- (a) "Jute goods," includes all jute manufactures; (b) "Controller" means the Jute Controller appointed by the State Government under Section 3; (c) "State Government" means the Government of Uttar Pradesh. ### 3. Appointment of Controller. - The State Government may, by notification in the Official Gazette, appoint any person to be Jute Controller for the State. ### 4. Power of Controllers to control production, supply and distribution of jute goods. (1) Subject to the control of the State Government, the Controller, so far as it appears to him to be necessary or expedient for regulating, maintaining or increasing the production, supply and distribution of jute goods, may by order in writing- (a) require any person holding stock of jute goods to sell the whole or a specified part thereof at such prices and to such person (including the Central and State Governments) or in such circumstances as may be specified in the order; (b) require any person engaged in the production of jute goods to comply with such directions as may be given in the order as to type, quality and quantity of jute goods to be produced or delivered by him from time to time. (2) Any person to whom an order is issued under sub-section (1) shall comply with it notwithstanding any contract to which he is a party. ### 5. Penalties. - If any person contravenes any order issued to him by the Controller under Section 4, he shall be punishable with imprisonment for a term which may extend to 3 years or with fine or with both. ### 6. Offences by Corporation. - If the person contravening an order issued by the Controller under Section 4 is a company or other body corporate, every director, manager, secretary or other officer or agent thereof shall, unless he proves that the contravention took place without his knowledge or that he exercised all due diligence to prevent such contravention, be deemed to be guilty of such contravention. ### 7. Cognizable offences. - No Court shall take cognizance of any offence punishable under this Act, except on a report in writing of the facts constituting such offence made by the Controller. ### 8. Protection of action taken under the Act. (1) No suit, prosecution or other legal proceeding shall be against any person for anything which is in good faith done or intended to be done in pursuance of any order made under Section 4. (2) No suit, or other legal proceeding shall lie against the State Government or the Controller for any damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of any order made under Section 4. ### 9. Repeal. - The United Provinces Jute Goods (Control) Ordinance, 1949, is hereby repealed and the provisions of Sections 6 and 24 of the United Provinces General Clauses Act, 1904, shall apply as if it had been an Act repealed by an United Provinces Act.
65ba1f0bab84c7eca86eaa7a	acts	State of Maharashtra - Act ---------------------------- The Maharashtra (Fruit Nurseries and Sale of Fruit Plants) (Regulation) Act, 1969 ----------------------------------------------------------------------------------- MAHARASHTRA India The Maharashtra (Fruit Nurseries and Sale of Fruit Plants) (Regulation) Act, 1969 =================================================================================== Act 45 of 1969 ---------------- * Published on 12 September 1969 * Commenced on 12 September 1969 The Maharashtra (Fruit Nurseries and Sale of Fruit Plants) (Regulation) Act, 1969 (Maharashtra Act No. 45 of 1969 ) Statement of Objects & Reasons. - There are about 200 fruit nurseries in the State of Maharashtra, where fruit plants are in the regular course of business propagated and sold for transplantation. It was noticed that some of the private nurseries used to prepare fruit plants for sale indiscriminately, without taking into consideration the necessity of selection of proper root stocks and scions. The needs of growers of genuine pedigreed plants were not met. This led to a great disappointment amongst the growers, who after spending a lot of money, time and labour sometimes found that the plants obtained were of entirely different varieties or of poor quality. To check such malpractices and raise the standard of fruit plants in the State, it was proposed to undertake legislation, to provide that all fruit nurseries should take out a licence and to empower Government to prohibit or regulate import export and transport of fruit plants of unknown pedigree or affected by infectious or contagious pests or diseases. Statement of Objects and Reasons - Maharashtra Act No. 18 of 1995. - The Maharashtra Fruit Nurseries (Regulation) Act, 1969 has been enacted by the Government of Maharashtra to provide for licensing and regulation of fruit nurseries in the State so as to ensure the supply of genuine pedigree plants to the growers. It has been brought to the notice of the Government that besides the fruit nurseries some persons are engaged in the business of only sale of fruit plants. They are selling fruit plants prepared indiscriminately, without taking into consideration the necessity of selection of proper rootstock and scions, thereby practically defeating the very purpose of this Act. This is also resulting in a great disappointment amongst the growers, who after spending a lot of money, time and labour many a times find that the plants obtained by them are of entirely different varieties or of poor quality. To check such malpractices and to ensure the standard of the fruit plants in the State, it is felt necessary to regulate not only the sales of the fruit plants by the owners of the fruit owners but also the sales of fruit plants by any persons other than the owners of fruit nurseries, by providing that in future, every person engaged in the business of sale of fruit plants shall also have to possess a licence, under this Act. For that purpose Government considers it expedient to suitably amend the Maharashtra Fruit Nurseries (Regulation) Act, 1969. [Dated 12th September, 1969] For Statement of Objects and Reasons, see Maharashtra Government Gazette, 1969, Part V, Extraordinary, page 212. An Act to provide for the licensing and regulation of [fruit nurseries and sale of fruit plants] [These words were substituted for the words 'fruit nurseries' by Maharashtra 18 of 1995, Section 3.] in the State of Maharashtra. Whereas, it is expedient to provide for the licensing and regulation of [fruit nurseries and sale of fruit plants] [These words were substituted for the words 'fruit nurseries' by Maharashtra 18 of 1995, Section 3.] in the State of Maharashtra and for matters connected therewith; It is hereby enacted in the Twentieth Year of the Republic of India as follows :- ### 1. Short title, extent and commencement. (1) This Act may be called the Maharashtra [Fruit Nurseries and Sale of Fruit Plants] [These words were substituted, for the words 'fruit nurseries' by Maharashtra 18 of 1995, Section 4.] (Regulation) Act, 1969. (2) It extends to the whole of the State of Maharashtra. (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) "Competent Authority" means a Competent Authority appointed under section 3; (b) "fruit nursery" means any place, where fruit plants are in the regular course of business propagated and sold for transplantation, but does not include a fruit nursery belonging to, or managed by, the Government; (c) "fruit plant" means any plant, which can produce edible fruits or nuts, and includes budwood, seedings, grafts, layers, seeds, bulbs, suckers, rhizomes and cuttings of any such plant; (d) "owner", in relation to a fruit nursery, means the person who, or the authority which, has the ultimate control over the affairs of such fruit nursery; and where the said affairs are entrusted to a Manager, Managing Director or Managing Agent, such Manager, Managing Director or Managing Agent shall be deemed to be the owner of the fruit nursery; (e) "prescribed" means prescribed by rules made under this Act; (f) "rootstock" means a fruit plant or part thereof on which any portion of a fruit plant has been grafted or budded; (fa) [ "sale of fruit plants" means a sale of fruit plants made within the State for cash or deferred payment or other valuable consideration;] [Clause (fa) was inserted by Maharashtra 18 of 1995, Section 5.] (g) "scion" means a portion of a fruit plant which is grafted or budded on to a rootstock. ### 3. Appointment of Competent Authorities. - The State Government may, by notification in the official Gazette, - (a) appoint such persons, being gazetted officers of Government, as it thinks fit to be Competent Authorities for the purposes of this Act; and (b) define the limits within which a Competent Authority shall exercise the powers conferred and perform the duties imposed on a Competent Authority, by or under this Act. ### 4. Owner of every fruit nursery [and every person carrying on business of sale of fruit plants] [These words were inserted by Maharashtra 18 of 1995, Section 6(c) .] to obtain licence. - [(1) ] [Section 4 of the principal Act was re-numbered as sub-section (1) and sub-section (2) was added by Maharashtra 18 of 1995, Section 6 (c).] No owner of a fruit nursery shall, after the expiry of six months from the date of commencement of this Act or from the date on which he first becomes owner of such nursery, whichever is later, conduct or carry on the business of the fruit nursery, except under and in accordance with a licence obtained by him under the provisions of this Act and the rules made thereunder. Explanation. - Where an owner has more than one fruit nursery, whether in the same town or village or in different towns or villages, he shall obtain a separate licence in respect of each such fruit nursery. (2) [ No person, who is not the owner of a fruit nursery shall, after the expiry of six months from the date of the commencement of the Maharashtra Fruit Nurseries (Regulation) (Amendment) Act, 1995, conduct or carry on the business of the sale or purchase of fruit plants, except under and in accordance with the licence obtained by him under the provisions of this Act and the rules made thereunder.] [Sub-section (2) was added by Maharashtra 18 of 1995, Section 6(a) and (b).] ### 4A. [ Application of provisions of sections 5, 6, 8, 9, 10 and 11 to the licence for sale of fruit plants. [Section 4A was inserted by Maharashtra 18 of 1995, Section 6(a) and (b).] - The provisions of sections 5, 6, 8, 9, 10 and 11 shall mutatis mutandis apply to the grant of licence for the sale of fruit plants and the Competent Authority shall have and exercise the same powers as he has and exercises in respect of the licence granted to the owner of a fruit nursery.] ### 5. Application for grant and renewal of licence. (1) Any owner desiring to obtain a licence referred to in the last preceding section shall make an application in writing to the Competent Authority in such form and manner, and accompanied by such licence fee, not exceeding rupees fifty, as may be prescribed. (1A) [ Every application referred to in sub-section (1) shall be disposed of by the Competent Authority within a period of one month from its receipt and in the manner provided in sub-section (2).] [Sub-section (1A) was inserted by Maharashtra 18 of 1995, Section 8.] (2) On the receipt of such application, the Competent Authority shall make such inquiry as it considers necessary. If the Competent Authority is satisfied, - (a) that the fruit nursery is suitable for the proper propagation of the fruit plants in respect of which the licence has been applied for; (b) that the applicant is competent to conduct such a fruit nursery; (c) that the applicant has paid the prescribed licence fee; (d) that the applicant fulfils or undertakes to fulfil such other conditions, as may be prescribed, being conditions for ensuring the quality of plants to be propagated, and their sale at a reasonable price; the Competent Authority shall grant the licence to the applicant. If the Competent Authority is not so satisfied, it may, after giving a reasonable opportunity to the applicant of being heard and after recording a brief statement of the reasons for refusal, refuse to grant the licence, and furnish a copy of such statement to the applicant and refund to him the licence fee, which may have been paid by him. (3) Every licence granted under this section shall be valid for the period specified therein, and may, on an application made to it, be renewed, from time to time, by the Competent Authority for such period, and on payment of such fee, and on such conditions, as may be prescribed. Where the Competent Authority refuses to renew a licence, it shall record a brief statement of the reasons for such refusal and furnish a copy thereof to the applicant : Provided that, no order refusing to renew a licence shall be made, unless the applicant is given a reasonable opportunity of being heard. ### 6. Duties of the holder of a licence. - Every holder of a licence under this Act shall - (a) undertake to employ only such varieties of the fruit plants specified in the licence in respect of scion or rootstock, for propagation and sale, as may be directed by the Competent Authority; (b) keep a complete record of the origin or source of every rootstock and every scion showing - (i) the botanical name, together with the local name, if any, of the rootstock used; (ii) the botanical name, together with the local name, if any, of the scion used, in raising the fruit plants; (c) keep a lay-out plan showing the position of every rootstock and scion use employed in raising the fruit plants; (d) keep the nursery plots as well as the parent trees used for the propagation of fruit plants free from insect pests and plant diseases; (e) undertake to prepare the fruit plants in such manner as may be directed by the Competent Authority; (f) specify in a conspicuous manner on a label the name of every variety of fruit plant enclosed in any package intended for sale, its age as determined in the prescribed manner and the name of the rootstock together with that of the scion of every such fruit plant; (g) undertake to release for sale or distribution only such fruit plants as are completely free from any kind of insect pest or plant disease; (h) maintain a register in the form specified by the Competent Authority showing the name of the fruit plant sold to any person, its age, the name of the rootstock and scion and the name and address of the person purchasing it. ### 7. Power of State Government to regulate or prohibit import, export or transport of certain fruit plants. - The State Government may, for the purpose of maintaining the quality of any fruit plants grown in any part of the State or to protect them from injurious insect pests or plant diseases, by notification in the official Gazette, regulate or prohibit, subject to such restrictions and conditions as it may impose, the bringing into, or taking out of, the State or any part thereof, otherwise than across the customs frontiers as defined by the Central Government, or the transport within the State, of any fruit plants of unknown pedigree or affected by any infectious or contagious pests or diseases. ### 8. Power to cancel or suspend licences. (1) The Competent Authority may suspend or cancel any licence granted or renewed under this Act on any one or more of the following grounds, namely :- (a) that he has parted, in whole or in part, with his control over the fruit nursery, or has otherwise ceased to conduct or hold such fruit nursery; (b) that, where the maximum rate or price for any variety of any fruit plant has been fixed by the State Government by notification in the official Gazette, he has sold any such fruit plant at a higher rate or price; (c) that he has, without reasonable cause, failed to comply with any of the terms and conditions of the licence or any directions lawfully given by the Competent Authority or has contravened any of the provisions of this Act or the rules made thereunder; (d) on any other prescribed ground. (2) The Competent Authority may suspend the licence pending the passing of a cancellation order in respect thereof under sub-section (1), (3) Before passing an order under sub-section (1), the Competent Authority shall inform the licensee the grounds on which it is proposed to take action and give him a reasonable opportunity of showing cause against such action. (4) A copy of every order passed under sub-section (1) or (2) shall be communicated to the licensee forthwith. ### 9. Return of licence. - On the expiry of the period of validity specified in a licence or on receipt of an order suspending or cancelling a licence, the licensee shall return the licence to the Competent Authority : Provided that, such Authority may, after such expiration, suspension or cancellation, give such reasonable time as it thinks fit to the owner to enable him to wind up his fruit nursery. ### 10. Duplicate licence. - If a licence granted to an owner is lost, destroyed, multilated or damaged, the Competent Authority shall, on application and payment of the prescribed fee, issue a duplicate licence. ### 11. Appeals. (1) Any person aggrieved by an order of a Competent Authority refusing to grant or renew a licence, or suspending or cancelling a licence, may appeal in such form and manner, within such period, and to such authority, as may be prescribed : Provided that, the Appellate Authority may entertain the appeal after expiry of the prescribed period, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. (2) On receipt of an appeal under sub-section (1), the Appellate Authority shall, after giving the appellant an opportunity of being heard, pass such order on the appeal as it thinks fit. (3) An order passed under this section shall, subject to the provisions of the next succeeding section, be final. ### 12. Revision. (1) The State Government may, suo motu or on an application made to it by an aggrieved person, at any time, for the purpose of satisfying itself as to the legality or propriety of any order passed under this Act, call for and examine the records of any case and may pass such order thereon as it thinks fit : Provided that, the State Government shall not exercise the power conferred on it by the section, in respect of an order against which an appeal preferred under the last preceding section is pending, or, upon application in case an appeal has not been preferred before the expiry of the time limit therefor: Provided further that, the State Government shall not pass any order under this section which adversely affects any person, unless such person has been given a reasonable opportunity of being heard. (2) An order passed under this section shall be final. ### 13. Power of entry and inspection. (1) For the purpose of ascertaining the position, or examining the working of any [fruit nursery or place of business where the fruit plants are sold] [These words were substituted for the words 'fruit nursery' by Maharashtra 18 of 1995, Section 9(a) (i).] or for any other purpose mentioned in this Act or the rules made thereunder, the Competent Authority or any person authorised by it or by the State Government in this behalf, shall have the right at all reasonable hours and with or without assistants,- (a) to enter into any [fruit nursery or place of business where the fruit plants are sold] [These words were substituted for the words 'fruit nursery' by Maharashtra 18 of 1995, Section 9(a) (i).] and to inspect or examine the fruit plants therein; (b) to order the production of any account book, register, record or other document relating to [such nursery or such place of business] [These words were substituted for the words 'such nursery' by Maharashtra 18 of 1995, Section 9(a) (ii).] and take or cause to be taken extracts from, or copies of, such document; (c) to ask all necessary questions and examine any person having control of, or employed in connection with, [such nursery, or such place of business.] [These words were substituted for the words 'such nursery' by Maharashtra 18 of 1995, Section 9(a) (ii).] (2) The licensee and all persons employed in connection with [such nursery or such place of business] [These words were substituted for the words 'the nursery', by Maharashtra 18 of 1995, Section 9(b) (i).] shall afford the Competent Authority or the authorised person all reasonable access and facilities for such inspection and examination as may be required for the purposes aforesaid and shall be bound to answer all question to the best of their knowledge and belief, to produce documents in their possession and to furnish such other information in relation to the [fruit nursery or place of business where fruit plants are sold] [These words were substituted for the words 'fruit nursery' by Maharashtra 18 of 1995.] as may be required by such authority or person. ### 14. Penalties. - If any person - (a) contravenes any of the provisions of this Act, or contravenes the provisions of any rule made thereunder the contravention of which is made punishable under this section, or (b) obstructs any officer or person in the exercise of any powers conferred or in the performance of any duty imposed on him by or under this Act; he shall on conviction, be punished with [imprisonment which may extend to six months or with fine which may extend to five thousand rupees or with both.] [These words were substituted for the words 'fine which may extend to one thousand rupees', by Maharashtra 18 of 1995, Section 10.] ### 15. Offences by companies. (1) Where an offence under this Act has been committed by a company, every person who at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of the business of the company as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly : Provided that, nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act it he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1) where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation. - For the purposes of this section,- (a) "company" means any body corporate, and includes a firm or other association of individuals; (b) "director", in relation to a firm, means a partner in the firm. ### 16. Cognizance of offence. - No Court shall take cognizance of any offence punishable under this Act except on the report in writing of the facts constituting such offence made by the Competent Authority or any officer authorised by the State Government in this behalf. ### 17. Jurisdiction of Court. - No Court inferior to that of a Presidency Magistrate, or a Magistrate of the First Class, shall try any offence punishable under this Act. ### 18. Officers and persons exercising powers under this Act to be public servants. - All officers appointed under this Act and every person authorised to exercise any powers conferred or to perform any duties imposed on him by or under this Act shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code. ### 19. Protection of action taken in good faith. - No suit, prosecution or other legal proceeding shall lie against the State Government or any officer or person for anything which is in good faith done or intended to be done in pursuance of this Act or any rules made thereunder. ### 20. Power to delegate. - The State Government may, by notification in the official Gazette, direct that any power or duty which by this Act or by any rule made thereunder is conferred or imposed on the State Government (except the power to make rules) shall in such circumstances and subject to such conditions, if any, as may be specified in the notification, be exercised or performed also by any officer or authority subordinate to the State Government. ### 21. Rules. (1) The State Government may, by notification in the official Gazette, and subject to the condition of previous publication, make rules to carry out the purposes of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely :- (a) the form of and manner of making an application for a licence, the fees for such licence and renewal thereof, the period for which, the conditions subject to which and the form in which a licence may be granted, under section 5; (b) the other grounds, the contravention of which by the licensee, shall entail suspension or cancellation of the licence under section 8; (c) the fees payable in respect of a duplicate licence under section 10; (d) the form and manner in which, the period within which and the authority to which, an appeal may be made under section 11, and the procedure to be followed by the appellate authority in disposing of the appeal; (e) any other matter which is to be or may be prescribed. (3) Any rule made under this section may provide that a contravention thereof shall be punishable under section 14. (4) Every rule made under this section shall be laid, as soon as may be, after it is made, before each House of the State Legislature while it is in session, for a total period of thirty days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or, the session immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall, from the date of publication of a notification in the official Gazette, of such decision 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 or omitted to be done under that rule. Notifications Amended by G.N.A., A.H., D.D. & F.D., No. Udyan-1691/CR-185/H-3, dated 12th February, 1992 (M.G.G., Part IV-B, page 1358) Amended by Corrigendum No. Udyan-1691/CR-185/H-3, dated 3rd March, 1992 (M.G.G., Part IV-B, page 1401) No. HRT. 24011/82, dated 3rd May, 1983 (M.G.G., Part IV-B, page 465) - In exercise of the powers conferred by section 3 of the Maharashtra Fruit Nurseries (Regulation) Act, 1969 (Maharashtra XLV of 1969) (hereinafter referred to as "the said Act") and in supersession of Government Notification, Agriculture and Co-operation Department, No. HRT. 7269/16008-4-A, dated the 10th November, 1976 the Government of Maharashtra hereby :- (a) appoints each of the officers specified in column 2 of the Schedule appended hereto, to be the Competent Authority, for the purposes of the said Act; (b) defines the limits, respectively, specified against each of them in column 3 of the said Schedule to be the limits within which each of them shall exercise the powers conferred and perform the duties imposed on the Competent Authority, by or under the said Act. Schedule ---------- \| \| \| \| \| --- \| --- \| --- \| \| Sr. No. \| Designation of the officer \| Limits \| \| (1) \| (2) \| (3) \| \| 1. \| The Deputy Director of Horticulture of all Districts in the State[\* \* \] [The words 'except Greater Bombay', were deleted by G. N. of 3.3.1992.] . \| Limits of each District falling in his respective jurisdiction. \| \| 2. [ [Entry (2) was substituted by G. N. of 12.2.1992.] \| All Class I and Class II Technical Officers in District Offices of the Soil Conservation Organisation and of the Training and Visit Organisation of all districts and superintending Agricultural Officer in the State[\ \* \*] [These words 'except Greater Bombay' were deleted by G.N. dated 3.3.1992.] and Class II Officers of Horticulture Organisation in all districts. \| Limits of each district falling in their respective jurisdictions.] \| No. HRT. 1098/CR-131/H-3, dated 18th November, 1998. - In exercise of the powers conferred by section 3 of the Maharashtra Fruit Nurseries (Regulation) Act, 1969 (Maharashtra XLV of 1969) (hereinafter referred to as "the said Act") and in supersession of Government Notification, Horticulture and Social Forestry Department, No. HRT. 24011/82, dated the 3rd May, 1983, the Government of Maharashtra hereby :- (a) appoint such persons, being Gazetted Officers of Government, specified in column 2 of the Schedule appended hereto, to be the competent authority, for the purpose of the said Act; and (b) define the limits, respectively, specified against each of them in column 3 of the said Schedule to be the limits within which each of them shall exercise the powers conferred and perform the duties imposed on the competent authority, by or under the said Act. Schedule 2 ------------ \| \| \| \| \| --- \| --- \| --- \| \| Serial No. \| Designation of the Officer \| Limits \| \| (1) \| (2) \| (3) \| \| 1. \| The Sub-divisional Agriculture Officer, Agriculture Service, Class-I of all Agriculture Service, Class-I of all Agricultural Sub-division of all Districts in the State (except Greater Mumbai). \| Limits of each districts against sub-division falling in his respective jurisdiction. \| \| 2. \| The Sub-divisional Agriculture Officer Service, Class-I of Agricultural Sub-division in District Thane. \| Limits of Greater Mumbai in addition to the limits of Agricultural Sub-division of District Thane as specified at Serial No. 1 above. \|
65ba76b9ab84c7eca86eb78d	acts	Union of India - Act ---------------------- The Reserve Bank Of India General Regulations, 1949 ----------------------------------------------------- UNION OF INDIA India The Reserve Bank Of India General Regulations, 1949 ===================================================== Rule THE-RESERVE-BANK-OF-INDIA-GENERAL-REGULATIONS-1949 of 1949 ----------------------------------------------------------------- * Published on 1 January 1949 * Commenced on 1 January 1949 The Reserve Bank Of India General Regulations, 1949 ### 21. /956 In exercise of the powers conferred by section 58 of the Reserve Bank of India Act, 1934 ( 2 of 1934 ) and in supersession of the Reserve Bank of India General Regulations, 1935, the Central Board of the Reserve Bank of India, with the previous sanction of the Central Government, is pleased to make the following Regulations, namely:- Chapter I Introductory --------------------------- ### 1. Short title .-These regulations may be called The Reserve Bank of India General Regulations, 1949. ### 2. Definitions .-In these regulations, unless there is anything repugnant in the subject or context,- (a) "the Act" means the Reserve Bank of India Act, 1934 ( 2 of 1934 ); (b) "Director" means Director of the Central Board of the Reserve Bank; (c) "Member" means member of a Local Board; (d) Other expressions used but not defined in these regulations and used in the Act have the meanings respectively assigned to them in the Act. Chapter II Obligations And Immunities Of Directors And Members Of Local Boards ----------------------------------------------------------------------------------- ### 3. Declaration of fidelity and secrecy .-Every Director and every member shall, before entering upon his duties, sign a declaration in the form set out in the Schedule pleading himself to observe strict secrecy respecting all transactions of the Bank with its customers and all matters relating thereto, and shall by such declaration pledge himself not to reveal any of the matters which may come to his knowledge in the discharge of his duties, except when required or authorised to do so by the Board or by law. ### 4. No Director or Member to deal with matters with which he is personally concerned .-(i) Every Director and every member who is directly or indirectly concerned or interested in any contract or arrangement entered into by or on behalf of the Bank shall disclose the nature of his interest at the meeting of the Central Board or the Local Board, as the case may be, at which the contract or arrangement is determined on, if his interest then exists, or in any other case at the next meeting of the Central Board or the Local Board, as the case may be, after the acquisition of his interest or the making of the contract or arrangement. (ii) No Director, no member and no member of the committee of the Central Board shall, as such, vote on any contract or arrangement in which he is either directly or indirectly concerned or interested and if he does so his vote shall not be counted. ### 5. Obligation of Director or Member of Local Board to give information of disqualification .-A member or Director nominated under clause (b) or (c) of sub-section (1) of the section 8 or under section 12(3) or 12(4) of the Act shall, as soon as may be, inform the Local Board or the Central Board as the case may be, if he becomes subject to any of the disqualifications set out in the Act. ### 6. Central Board to inform Central Government regarding disqualifications .-The Central Board shall forthwith inform the Central Government, if it comes to the notice of the Central Board, that any director or a member has become subject to any of the disqualifications specified in sub-section (1) or sub-section (2) of section 10 of the Act. ### 7. Indemnity of Directors and Members of Local Boards .-(i) Every Director and every member shall be indemnified by the Bank against all losses and expenses incurred by him in or about the discharge of his duties, except such as may happen from his own wilful act or default. (ii) Neither a Director nor a member shall be responsible for any other Director or member or for any officer or servant of the Bank or for any loss or expense happening to the Bank by the insufficiency or deficiency of value of, or title to, any property or security acquired or taken on behalf of the Bank, or by the insolvency, bankruptcy or wrongful act of any customer or debater of the Bank, or by anything done in the execution of the duties of his officer or in relation thereto, or otherwise than for his own wilful act or default. Chapter III Meetings Of Central And Local Boards And Of The Committee Of The Central Board ----------------------------------------------------------------------------------------------- ### 8. Meetings of the Central Board .-(i) Ordinarily not less than one clear month`s notice shall be given of each meeting of the Central Board and such notice shall be sent to every Director to his registered address. Should it be found necessary to convene an emergency meetings sufficient notice shall be given to every Director who is at the time in India to enable him to attend. (ii) No business other than that for which the meeting was convened shall be discussed at a meeting of the Central Board, except with the consent of the Chairman and a majority of the Directors present, unless one clear week's notice has been given of the same in writing to the Chairman. (iii) Four Directors of whom not less than three shall be directors nominated under section 8(1)(b) or 8(1)(c) or 12(4) of the Act shall form a quorum for the transaction of business. (iv) A copy of the proceedings of each Central Board meeting shall be circulated as soon as possible thereafter for the information of the Directors and shall be signed by the Chairman at that or the next succeeding meeting. ### 9. Meetings Local Boards .-(i) Meetings of Local Boards shall be convened from time to time as the Central Government may by general or special regulation direct. (ii) Two members shall form a quorum for the transaction of business. (iii) At the first meeting of a Local Board after the incoming members have assumed office, the Local Board shall elect from amongst its members a chairman and a Vice-Chairman. They shall continue in their respective offices until a fresh Board has been constituted on the expiry of their term of office unless such office is vacated by death, resignation or removal. (iv) The managers in charge of the offices of the Bank in Bombay, Calcutta, Delhi and Madras shall be ex officio secretaries of the Local Boards at these places. The officers in charge of the Department of Banking Operations and Development at the respective local offices shall be ex officio deputy secretaries provided that where there is no such officer or the officer is not available, the officer next senior in rank to the Manager shall be ex officio deputy secretary. (v) The Chairman or in his absence the Vice-Chairman shall preside at all meetings of the Local Board. In the event of the absence of both the Chairman and the Vice-Chairman through illness or other unavoidable cause, the members present at the meeting may elect one from amongst themselves to preside at the meeting. In the event of an equality of votes the person presiding shall have a second or casting vote. (vi) A copy of the proceedings of each Local Board meeting shall be circulated as soon as possible thereafter for the information of the members of the Local Board and shall be signed by the person presiding at that or the next succeeding meeting. A copy of the said proceedings shall also be submitted forthwith to the Central Board. ### 10. Committee of the Central Board .-(i) A Committee which shall be called the Committee of the Central Board, consisting of the members of the Central Board who may at the time be present in the area in which the meeting is held, shall ordinarily meet once a week at the office of the Bank or any other place in the area in which the Governor, or in his absence the Deputy Governor authorised by him under the proviso to sub-section (3) of section 8 of the Act, has his headquarters for the time being, to attend to the current business of the Bank. Sufficient notice shall be given to such Directors to enable them to attend. (ii) Two directors of who one shall be a director nominated under section 8(1)(b) or 8(1)(c) or 12(4) of the Act shall form a quorum for the transaction of business. (iii) Save as otherwise provided in this regulation, the provisions of the Act and these regulations shall apply to meetings of the Committee of the Central Board as if they were meetings of the Central Board. Chapter IV General Provisions ---------------------------------- ### 11. Proceedings of Boards not invalidated by vacancies .-No act or proceeding of the Central or a Local Board or of the Committee of the Central Board shall be invalidated merely by reason of the existence of a vacancy or vacancies therein. ### 12. Acts of Directors and Members of Boards valid notwithstanding subsequent discovery of disqualification .-All acts done at any meeting of the Central or Local Board or the Committee of the Central Board or by any person acting as a Director or a member or as a member of the Committee of the Central Board shall, notwithstanding that it is afterwards discovered that there was some defect in the appointment of such person or that they or any of them were disqualified, be as valid as if every such person had been duly appointed and duly qualified. ### 13. Delegation by Central Board to Local Boards .-A Local Board shall have power to transact such business as may be delegated to it from time to time by the Central Board provided that if at the time of consideration by a Local Board of any business a majority of the members present are directly or indirectly concerned or interested therein such business shall not be finally dealt with without the previous approval of the Committee of the Central Board. ### 14. Delegation to the Committee of the Central Board .-The Committee of the Central Board shall have full powers to transact all the usual business of the Bank except in such matters as are specifically reserved by the Act to the Central Government or the Central Board. ### 15. No advance to be made to officers of the Bank without sanction of Central Board .-An advance may be made to the Governor, Deputy Governor, Officer or other employee of the Bank with the sanction of the authority specified in the relative regulations, rules, or schemes made or approved by the Central Board or the Committee, in terms of which the advance is to be made and where no authority is specified in the relative regulations, rules or schemes, as the case may be, the advance may be sanctioned,- (a) to the Governor, by the Committee; (b) to a Deputy Governor or an Executive Director, by the Governor; (c) to Officers and other employees, by a Deputy Governor or an Executive Director and subject to such general or special directions as may be issued by the Governor or a Deputy Governor, by the Chief Manager or the Chief Accountant. ### 16. Powers on behalf of the Bank by whom to be exercised .-(1) Subject to the provisions of the Act, any rules made by the Central Board in regard to expenditure to be incurred by or on behalf of the Bank and any directions, which may be given by the Governor either generally or in any particular case in regard to the conduct of the business of the Bank, the Deputy Governors and Executive Directors are hereby severally empowered to exercise any or all the powers and do any or all acts and things, which may be exercised or done by the Bank. (2) Any other officer not below the rank of a Staff Officer Grade II may, if authorised and to the extent that he is so authorised by the Governor in this behalf, exercise all the powers in relation to matters pertaining to the department or office in which he is employed, and in relation to such matters, do all acts and things which may be exercised or done by the Bank, subject however to the conditions hereinafter specified, namely:- (a) the power to sanction or incur any expenditure on behalf of the Bank shall be subject to rules made by the Central Board; (b) any other power exercised or action taken shall be exercised or taken subject to such directions if any as may be given by any higher officer or authority in this behalf. (3) No power exercised, function performed or act or thing done shall be deemed to be invalid or ineffective only on the grained that it is not a power exercised, function performed, or act or thing done by or on behalf of the Bank or that in the exercise of such power, performance of such function or the doing of any such act or thing, effect has not been given to any rule or direction referred to in sub-regulation (1) or in sub-regulation (2), or that any such rule or direction has been wrongly acted upon. (4) Nothing in these regulations shall be deemed to render invalid or ineffective the powers exercised, functions performed or acts or things done in the course of carrying out the authorised business of the Bank by any authority or authorities prior to the coming into force of these regulations. ### 17. Manner and form in which contracts binding on the Bank may be executed .-(1) (a) Contracts on behalf of the Bank may be made as follows:- (i) Any contract which, if made between private would by law be required to be in writing and signed by the parties to be charged therewith, may be made on behalf of the Bank in writing and signed by any person acting under its authority, express or implied, and may in the same manner be varied or discharged. (ii) Any contract which, if made between private persons, would by law be valid although made by parole only and not reduced to writing may be made by parole on behalf of the Bank by any person acting under its authority; express or implied, and may in the same manner be varied or discharged. (b) All contracts made according to the provisions of this regulation shall be effectual in law and shall bind the Bank and all other parties there to and their legal representatives. (2) Accounts, receipts and documents of Bank by whom to be signed .-Without prejudice to the generality of the powers conferred by or under Regulation 17, the Chief Manager, Additional Chief Manager, Chief Accountant, Secretary to the Central Board, the Secretaries of Local Boards and such other Officers of the Bank as the Central Board has authorised or may authorise in this behalf by notification in the Gazette of India are hereby severally empowered for and on behalf of the Bank to execute lease deeds, transfers, conveyances, charges and other deeds relating to or affecting rights to or in immovable property, to endorse and transfer promissory notes, stock-receipts, stock-debentures, shares, securities and documents of title to goods, standing in the name of or held by the Bank, and to draw, accept and endorse bills of exchange and other instruments in the current and authorised business of the bank to sign all other accounts receipts and documents connected with such business. ### 18. Plaints, etc., by whom to be signed .-Plaints, written statements, affidavits and all other documents connected with legal proceedings may be signed and verified on behalf of the Bank by any officer empowered by or under regulation to sign documents for and on behalf of the Bank, and such officer may appear in or before any Court, tribunal or other body as the recognised agent of the Bank for the purposes of the proceedings in that Court, tribunal or other body. ### 19. Seals of the Bank-Common seal .-(1) The common seal of the Bank shall not be affixed to any instrument except in the presence of the Governor or a Deputy Governor or an Executive Director who shall sign his name to the instrument in token of his presence, and such signing shall be independent of the signing of any person who may sign the instrument as a witness. Unless so signed as aforesaid such instrument shall be of no validity. (2) Official seals .-The Bank shall have for use by the Local Boards at Bombay, Calcutta, Delhi and Madras official seals which shall be facsimiles of the common seal of the Bank with the addition of the name of the office where it is to be used. (3) An instrument to which an official seal is duly affixed shall bind the Bank as if it had been sealed with the common seal of the Bank. (4) The official seal shall not be affixed to any instrument except in the presence of at least two members of the Local Board and the Secretary or Deputy Secretary who shall sign their names to the instrument in token of their presence and such signing shall be independent of the signing of any person who may sign the instrument as a witness. (5) The official seal may be affixed by a Local Board to instruments of the following description in connection with business, at offices, branches or agencies under its jurisdiction, namely:- (i) Leases of office premises, godowns, houses and other property acquired in connection with the business of the Bank; (ii) Conveyances of property bought of sold by the Bank; (iii) Reconveyances or releases of property mortgaged to the Bank; (iv) Powers of attorney granted by the Bank. ### 20. Service of notice on Bank .-A notice may be served on the Bank by leaving it at, or sending it by Post to, any office of the Bank which is the headquarters of a Local Board. ### 21. Annual statement of account .-The Central Board shall cause the books of the Bank to be balanced on the last working day of the month of June in each year and the annual accounts shall be set out as follows:- (i) A balance sheet in the form prescribed by the Central Government. (ii) A profit and loss account for the year in the following form and containing the particulars therein prescribed:- \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| INCOME \| \| \| \| \| Amount brought forward \| ........ \| ........ \| ........ \| \| Interest, Discount, Exchange, Commission, etc. \| ........ \| ........ \| ........ \| \| EXPENDITURE \| \| \| \| \| Establishment \| ........ \| ........ \| ........ \| \| Director's and Local Board Members' fees and expenses \| ........ \| ........ \| ........ \| \| Auditors' fees \| ........ \| ........ \| ........ \| \| Rent, Taxes, Insurance Lighting, etc. \| ........ \| ........ \| ........ \| \| Law charges \| ........ \| ........ \| ........ \| \| Postage and telegraph charges \| ........ \| ........ \| ........ \| \| Remittance ofTreasureStationary, etc. \| ........ \| ........ \| ........ \| \| Security printing (cheque, note forms, etc.) \| ........ \| ........ \| ........ \| \| Depreciation and repairs to Bank property \| ........ \| ........ \| ........ \| \| Agency charges \| ........ \| ........ \| ........ \| \| Contributions to staff and superannuation funds \| ........ \| ........ \| ........ \| \| Miscellaneous expenses \| ........ \| ........ \| ........ \| \| Surplus payable to the Central Government \| ........ \| ........ \| ........ \| \| Net available balance \| \| \| ........ \| \| (iii) The account of Reserve Fund in the following form:- \| ........ \| ........ \| ........ \| \| By balance on the 30th June \| ........ \| ........ \| ........ \| \| By transfer from Profit and Loss Account \| ........ \| ........ \| ........ \| \| Total Rs. \| ........ \| ........ \| ........ \| ### 22. Valuation of investments .-(i) The investment of the Banking Department of the Bank in securities shall be held in an account styled "Bank's Investments Account" and the securities held in that account shall be valued yearly at rates not exceeding the market rates on the last working day of the month of June each year. (ii) The investments of the Issue Department in securities shall be valued at rates not exceeding the market rates as at the close of business on every Friday and also on the last working day of the month of June every year, provided that any fall or reduction in the market price of a security may, to avoid petty adjustments, be disregarded if the extent of the fall or reduction is less than two percent of the holding price of the security. (iii) The market rate for the time being obtaining shall be that advised by the Bank's brokers as that obtaining on the valuation day. (iv) In valuing treasury bills of the Government of India or any other Government or bills of exchange the purchase price shall be deemed to be the market price. (v) The items in the account prescribed by the Central Government under section 53 of the Act shall be valued to the nearest thousand rupees. ### 23. Remuneration of Directors and Members of Local Boards .-(i) Directors nominated under section 8(1)(b) and 8(1)(c) or 12(4) of the Act shall receive a fee of Rs. 200 for each Central Board meeting which they attend, and a fee of Rs. 50 for each committee meeting of the Central Board which they attend. (ii) Members of a Local Board shall receive a fee of Rs. 50 for each Board meeting which they attend. (iii) In addition such Directors and Members shall be re-imbursed their travelling expenses, if any, on such scale as may be prescribed by the Central Board from time to time. THE SCHEDULE (See regulation 3) FORM OF DECLARATION OF FIDELITY AND SECRECY I .............., on becoming a Director of the/Member of the Central Board/Local Board of the Reserve Bank of India do solemnly and sincerely declare that I will faithfully perform the duties of Director/Member and that I will to the best of my ability uphold the interests of the Reserve Bank of India and that I will observe strike secrecy respecting all transactions of the Bank and all matters relating therto and that I will not directly or indirectly communicate or divulge any of the matters or any information which may come to my knowledge in the discharge of my duties as such Director/Member except when required or authorised to do so by the Central Board of the Bank or by law. (Signature) .......................
65ba34f2ab84c7eca86ead06	acts	Bengal Presidency - Act ------------------------- The Bengal Rhinoceros Preservation Act, 1932 ---------------------------------------------- BENGAL PRESIDENCY India The Bengal Rhinoceros Preservation Act, 1932 ============================================== Act 8 of 1932 --------------- * Published on 23 June 1932 * Commenced on 23 June 1932 The Bengal Rhinoceros Preservation Act, 1932 Bengal Act 8 of 1932 [23rd June, 1932.] An Act to provide for the preservation of wild rhinoceros. Whereas it is expedient to provide for the preservation of wild rhinoceros in Bengal. It is hereby enacted as follows :- ### 1. Short title and extent. (1) This Act may be called the Bengal Rhinoceros Preservation Act, 1932. (2) It extends to the whole of [West Bengal] [The words 'West Bengal' substituted for the word 'Bengal' by Indian Independence (Adaptation of Bengal and Punjab Acts) Order, 1948.] , ### 2. Killing, injuring or capturing of wild rhinoceros prohibited. - No person shall kill, injure or capture, or attempt to kill, injure or capture, a wild rhinoceros, unless - (a) in defence of himself or some other person ; or (b) with the permission of the [State Government] ['The words 'Provincial Government' Substituted for the words 'Local Government' by Government of India (Adaptation of Indian Laws) Order, 1937. Thereafter the word 'State' Substituted for the word 'Provincial' by Adaptation of Laws Order, 1950.] given in a license issued under rules to be made in this behalf by the [State Government.] ['The words 'Provincial Government' Substituted for the words 'Local Government' by Government of India (Adaptation of Indian Laws) Order, 1937. Thereafter the word 'State' Substituted for the word 'Provincial' by Adaptation of Laws Order, 1950.] ### 3. Penalty for contravening section 2. (1) Whoever in contravention of section 2, kills, injures or captures, or attempts to kill, injure or capture, a wild rhinoceros, shall be punished with imprisonment for a term which may extend to one month or with fine which may extend to one thousand rupees or with both. (2) Whoever having been convicted of an offence under sub-section (1) of this section, is again convicted of an offence thereunder shall be punished with imprisonment for a term which may extend to six months or with fine which may extend to two thousand rupees or with both. ### 4. Rhinoceros killed or captured to be property of Government. - Every wild rhinoceros killed or captured [in West Bengal] [The words 'in Bengal' inserted by Bengal Act 2 of 1938 and thereafter the words 'West Bengal' Substituted for the word 'Bengal' by Indian Independence (Adaptation of Bengal and Punjab Acts) Order, 1948.] by any person otherwise than with the permission of the [State Government] [The words 'Provincial Government' Substituted for the words 'Local Government' by Government of India (Adaptation of Indian Laws) Order, 1937. Thereafter the word 'State' Substituted for the word 'Provincial' by Adaptation of Laws Order, 1950.] given under section 2, and all parts of such rhinoceros shall be the property of the [State Government] [The words 'Provincial Government' Substituted for the words 'Local Government' by Government of India (Adaptation of Indian Laws) Order, 1937. Thereafter the word 'State' Substituted for the word 'Provincial' by Adaptation of Laws Order, 1950.] . ### 4A. [ Possessing, selling or buying of any part of rhinoceros prohibited.] [Sections 4A and 4B inserted by Bengal Act 2 of 1938.] - No person shall without the permission of the [State Government] [The words 'Provincial Government substituted for the words 'Local Government' by Government of India (Adaptation of Indian Laws) Order, 1937. Thereafter the word 'State' substituted for the word 'Provincial' by Adaptation of Laws Order, 1950.] possess, sell or buy, or offer to sell or buy, any part of a rhinoceros unless he has reason to believe that such rhinoceros is not the property of the [State Government.] [The words 'Provincial Government' Substituted for the words 'Local Government' by Government of India (Adaptation of Indian Laws) Order, 1937. Thereafter the word 'State' Substituted for the word 'Provincial' by Adaptation of Laws Order, 1950.] Explanation. - The expression "reason to believe" occurring in this section has the meaning assigned to it in section 26 of the Indian Penal Code. ### 4B. [ Penalty for contravening section 4A.] [Sections 4A and 4B inserted by Bengal Act 2 of 1938.] - (1) Whoever in contravention of section 4A possesses, sells or buys, or offers to sell or buy, any part of a rhinoceros, shall be punished with fine which may extend to one thousand rupees. (2) Whoever having been convicted of an offence under sub-section (1) of this section is again convicted of an offence thereunder, shall be punished with fine which may extend to two thousand rupees. ### 5. Duty to report killing, injuring or capturing of rhinoceros. - In the event of any person killing, injuring or capturing a wild rhinoceros in defence of himself or of some other person, he shall within three days of such event report the fact in writing to the officer-in-charge of the nearest police-station or to the Forest Officer or the District or Sub-divisional Magistrate within whose jurisdiction the event took place. ### 6. Penalty for contravention of section 5. - Whoever without reasonable excuse omits to make the report referred to in section 5, shall be punished with fine which may extend to five hundred rupees. ### 7. Amendment of Act VIII of 1912. - The Wild Birds and Animals Protection Act, 1912, shall, in its application to [West Bengal] [The words 'West Bengal' substituted for the word 'Bengal' by Indian Independence (Adaptation of Bengal and Punjab Acts) Order, 1948.] be amended as follows, namely :- In clause (ii) of the Schedule to the said Act the word "rhinoceros," shall be omitted.
65b92acfab84c7eca86e87bb	acts	State of Uttar Pradesh - Act ------------------------------ The U.P. Gaon Panchayats, Kshettra Samities and Zila Parishads (Sanshodhan) Adhiniyam, 1969 --------------------------------------------------------------------------------------------- UTTAR PRADESH India The U.P. Gaon Panchayats, Kshettra Samities and Zila Parishads (Sanshodhan) Adhiniyam, 1969 ============================================================================================= Act 6 of 1969 --------------- * Published on 1 September 1969 * Commenced on 1 September 1969 The U.P. Gaon Panchayats, Kshettra Samities and Zila Parishads (Sanshodhan) Adhiniyam, 1969 (U.P. Act No. 6 of 1969 ) Statement of Objects and Reasons. - The following extract from Statements of Objects and Reasons is as under :- "1. The extended terms of Kshettra Samities and of and Gaon Panchayats were due to expire on May 4, 1968 and June 30, 1968, respectively. As it was decided during President's rule to extend the term of Gaon Panchayats and Kshettra Samities by a further period of one year, the Uttar Pradesh Gaon Panchayats and Kshettra Samities (Extension of Term) Act, 1968 was enacted by the President. 2. The Santhanam Committee on Panchayat Raj elections appointed by the Government of India and recommended that the elections to Gaon Panchayats should be held by secret ballot and on the basis of Assembly electoral rolls. The State Government accepted these recommendations and necessary amendments in the U.P. Panchayat Raj Act, 1947, were made by the Uttar Pradesh Panchayats Raj (Amendment) Act, 1968, enacted by the President. 3. As elections to Gaon Panchayats have local importance it was decided to hold elections to Gaon Panchayats only after a thorough revision of the Assembly electoral rolls. Accordingly it was decided to extend further the term of Gaon Panchayats, Kshettra Samities and Zila Parishads up to a period of one year. As the Terms of all the three tiers were due to expiers during May-June, 1969 and the State Legislature was not in session, the Uttar Pradesh Gaon Panchayats, Kshettra Samitis and Zila Parishad (Extension of Term and Miscellaneous provisions) Adhyadesh, 1969, was promulgated on April 30, 1969 besides other things, to extend further the terms of these bodies and to repeal the Uttar Pradesh Gaon Panchayats and Kshettra Samitis (Extension of Term) Act, 1968, enacted by the President. 4. In the said Adhyadesh promulgated on April 30, 1969, it was, inter alia provided that if at the time of the occurrence of a vacancy in the office of Pramukh, Up-Pramuch of a Kshettra Samiti or Adhyaksh or Upadhyaksha of a Zila Parishad, the residue of the term of these bodies was less than six months, the vacancies shall not be filled. This provision was made with a view to avoiding possible dislocation in the administration of Kshettra Samitis and Zila Parishad as a result of elections, especially when general elections to these bodies were due shortly. 5. As some elections for filling such casual vacancies had already taken place, it was decide the validate those elections and to make provisions of Sections 6 and 10 of the said Adhyadesh applicable only to vacancies arising on or after the date of promulgation of the said Adhyadesh. Accordingly the Uttar Pradesh Gaon Panchayats, Kshettra Samitis and Zila Parishad (Extension of Term and Miscellaneous provisions) (Amendment) Adhyadesh, 1969, was promulgated on June 26, 1969. 6. This Bill seeks to re-enacts the provisions of the Uttar Pradesh Panchayat Raj (Amendment) Act, 1969 enacted by the President and of the aforesaid two Ordinances promulgated by the Governor. 7. The Bill is accordingly introduced." [Dated 1st September, 1969] Published in U.P. Gazette, Extraordinary, dated July 23, 1969. An Act further to amend the U.P. Panchayat Raj Act, 1947 and the Uttar Pradesh Kshettra Samities and Zila Parishads Adhiniyam 1961 The Act received the assent of the Governor on August 31, 1969 and the English translation of the Act was published in U.P. Gazette, Extraordinary, dated September 1, 1969. Chapter I Preliminary -------------------------- ### 1. Short title. - This Act may be called the Uttar Pradesh Gaon Panchyats, Kshettra Samitis and Zila Parishads (Sanshodhan) Adhiniyam, 1969. Chapter II Amendment of the U.P. Panchayat Raj Act, 1947 ------------------------------------------------------------- ### 2. Substitution of new section for Section 5 of U.P. Act No. 26 of 1947. - Amendment incorporated in the relevant Act. ### 3. Amendment of Section 6. - Amendment incorporated in the relevant Act. ### 4. Substitution of new section for Section 6-A. - Amendment incorporated in the relevant Act. ### 5. Substitution of new section for Section 9. - Amendment incorporated in the relevant Act. ### 6. Amendment of Section 12. - Amendment incorporated in the relevant Act. ### 7. Substitution of new section for Section 12-A. - Amendment incorporated in the relevant Act. ### 8. Substitution of new section for Section 12-BB. - Amendment incorporated in the relevant Act. ### 9. Amendment of Section 114. - Amendment incorporated in the relevant Act. ### 10. Transitory provision. - Until a Gaon Panchayat has been duly constituted, or a Pradhan or Up-Pradhan of a Gaon Sabha has been duly elected, under the provisions of the principal Act as amended by this Act (hereinafter referred to as the amended Act), the members of the Gaon Panchayat and the Pradhan or Up-Pradhan of the Gaon Sabha, as the case may be, holding office immediately before the twenty-eighty day of December, 1968, shall be, except as otherwise provided in the amended Act, continue to hold office and to function as such : Provided that any causal vacancy existing immediately before the said date or arising thereafter in any such office shall be filled in accordance with the provisions of the amended Act. ### 11. Powers to remove difficulties. - The State Government, may for the purpose of removing any difficulty arising in relation to the transition from the provisions of the principal Act to the provisions of that Act as amended by this Act, by order, as occasion requires, do anything which appears to it to be necessary for the purpose of removing the difficulty : Provided that no such order shall be made after the expiration of one year from the commencement of this Act. Chapter III Amendment of the Uttar Pradesh Kshettra Samitis and Zila Parishads Adhiniyam, 1961 --------------------------------------------------------------------------------------------------- ### 12. Amendment of Section 7 of U.P. Act XXXIII of 1961. - Amendment incorporated in the relevant Act. ### 13. Amendment of Section 8. - Amendment incorporated in the relevant Act. ### 14. Amendment in Section 9. - Amendment incorporated in the relevant Act. ### 15. Amendment in Section 12. - Amendment incorporated in the relevant Act. ### 16. Amendment in Section 19. - Amendment incorporated in the relevant Act. ### 17. Amendment in Section 20. - Amendment incorporated in the relevant Act. ### 18. Amendment in Section 21. - Amendment incorporated in the relevant Act. ### 19. Amendment in Section 25. - Amendment incorporated in the relevant Act. ### 20. Insertion of new Section 27-A. - Amendment incorporated in the relevant Act. ### 21. Transitory provisions. - Nothing in Section 15 or in clause (b) of Section 19 shall apply in relation to any vacancy in the office of Adhyaksha or Upadhyaksha of a Zila Parishad or in the office of Pramukh or Up-Pramukh of a Kshettra Samiti which may have occurred before the thirtieth day of April, 1969. ### 22. Validation. - Every election held to fill any vacancy referred to in Section 21 before the twenty-sixth day of June, 1969, shall be deemed to be and always to have been as valid as if the provisions of Section 21 and of this section were always in force. Chapter IV Repeal ---------------------- ### 23. Repeal of President's Act XXXVIII of 1968, U.P. Ordinance No. II of 1969, and U.P. Ordinance No. IV of 1969. - The Uttar Pradesh Panchayat Raj (Amendment) Act, 1968, the Uttar Pradesh Gaon Panchayats, Kshettra Samitis and Zila Parishads (Extension of Term and Miscellaneous provisions) Adhyadesh, 1969, and the Uttar Pradesh Gaon Panchayats, Kshettra Samitis and Zila Parishads (Extension of Term and Miscellaneous provisions) (Amendment) Adhyadesh, 1969, are hereby repealed.
65b9baa8ab84c7eca86e9c72	acts	State of Rajasthan - Act -------------------------- Rajasthan Power Sector Reforms Transfer Scheme-II, 2016 --------------------------------------------------------- RAJASTHAN India Rajasthan Power Sector Reforms Transfer Scheme-II, 2016 ========================================================= Rule RAJASTHAN-POWER-SECTOR-REFORMS-TRANSFER-SCHEME-II-2016 of 2016 --------------------------------------------------------------------- * Published on 9 June 2016 * Commenced on 9 June 2016 Rajasthan Power Sector Reforms Transfer Scheme-II, 2016 [Dated 9.6.2016] In exercise of the powers conferred by Section 14 of the Rajasthan Power Sector Reforms Act, 1999 (Act No. 23 of 1999), the State Government hereby makes the Transfer Scheme for providing and giving effect to the transfer of assets, properties, rights, liabilities, obligations and proceedings of Rajasthan Vidyut Prasaran Nigam Ltd. to Jaipur Vidyut Vitran Nigam Ltd. and Jodhpur Vidyut Vitran Nigam Ltd. following, namely: - ### 1. Short title, extent and commencement. (1) This Scheme may be called the Rajasthan Power Sector Reforms Transfer Scheme-II, 2016. (2) This Scheme shall come into force from the date of its publication in the Official Gazette. ### 2. Definitions. (1) In this Scheme, unless there is anything repugnant in the subject or context. - (a) "Act" means the Rajasthan Power Sector Reforms Act, 1999 (Act No. 23 of 1999); (b) "Assets" means land, buildings and all structures and trees; (c) "Effective date of transfer" means the date of publication in this Scheme in the Official Gazette; (d) "Jaipur Discom" means the Jaipur Vidhyut Vitran Nigam Limited (JVVNL), which is incorporated with the principal object of engaging in the business of distribution and supply of electricity in the area as specified in Part II of Schedule I, of the Rajasthan Power Sector Reforms Transfer Scheme, 2000; (e) "Jodhpur Discom" means the Jodhpur Vidhyut Vitran Nigam Limited (JDVVNL), which is incorporated with the principal object of engaging in the business of distribution and supply of electricity in the area as specified in Part III of Schedule I, of the Rajasthan Power Sector Reforms Transfer Scheme, 2000; (f) "Liabilities" means all liabilities, debts, duties, obligations and other outgoings including statutory liabilities and Government levies of whatever nature including the contingent liabilities which may arise in regard to dealings before the effective date of transfer in respect of the specified Undertakings excluding however liabilities relating to personnel and matters related to; (g) "Proceedings" means all proceedings of whatever nature including suits, appeals, complaints, petitions, applications, conciliatory or arbitration whether civil or criminal or otherwise in which Power Companies is one of the parties; (h) "RVPN" means the Rajasthan Vidhyut Vitran Nigam Ltd. which is incorporated with the principal object of engaging in the business of procurement transmission and bulk supply of electricity. (i) "Reforms Scheme" means the Rajasthan Power Sector Reforms Transfer Scheme 2000; (j) "Schedule" means the schedule appended to this Scheme: (k) "State Government" means the Government of Rajasthan; (l) "Transferee" means Jaipur Vidhyut Vitran Nigam Limited or Jodhpur Vidhyut Vitran Nigam Ltd. as the case may be, and (m) "Transferor" means Rajasthan Vidhyut Prasaran Nigam Limited. (2) Words and expression used in this Scheme but not defined shall have the same meanings as assigned to them in the Act. ### 3. Transfer of Assets and Liabilities etc. (1) The assets shown in Schedule-A and Schedule-B earlier transferred, vested in the Transferor under the Reforms Scheme, the assets specified in Schedule-A and Schedule-B, shall be transferred and vested in the Jaipur Vidhyut Vitran Nigam Ltd. and Jodhpur Vidhyut Vitran Nigam Ltd. respectively. (2) On such transfer and vesting of the assets under clause (1) to the Transferees, the Transferees shall be responsible for all contracts, rights, deeds, schemes, bonds, agreements and other instruments of whatever nature pertaining to the assets transferred to it, to which Transferor was initially a party, subsisting or having effect on the effective date of transfer, in the same manner as the Transferor was liable! immediately before the effective date of transfer, and the same shall be in force and. effect against or in favour of the Transferees had been a party thereto instead of the Transferor. (3) As a consideration for the transfer and vesting of the assets specified, - (i) in Schedule-A. the Jaipur Vidyut Vitran Nigam Ltd. shall pay rupees 76.64 lacs; and (ii) in Schedule-B the Jodhpur Vidhyut Vitran Nigam Ltd. shall pay rupees 6.32 lacs; to the Rajasthan Vidhyut Prasaran Nigam Ltd. ### 4. Pending proceedings. - All proceedings of whatever nature by or against the Transferor pending on the effective date of transfer shall not abate or discontinue or otherwise in anyway be affected pre-judicially by reason of the transfer Scheme mentioned in the Act and in provisions of this Scheme, and such proceedings may be continued and prosecuted by or against the Transferee to whom the assets and liabilities relating to such proceedings are assigned in accordance with this Scheme only and nobody else. Such proceedings may be continued in the same manner and to the same extent as it would or might have been continued and prosecuted by or against the Transferor if the transfers specified in this Scheme had not been made. ### 5. Decision of the State Government. (1) If any, doubt, dispute, difference or issue shall arise in regard to the transfers under this Scheme, subject to the provisions of the Act, the decision of the State Government thereon shall be final and binding on all parties. (2) The State Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of the Act, as may appear to be necessary for removing the difficulties arising in implementing the transfer under this Scheme. A --- Assets to be transferred from Rajasthan Vidhyut Prasaran Nigam Ltd. to Jaipur Vidhyut Vitran Nigam Ltd [See Clause 3] Land, (including buildings and. all structures and trees), presently in the use of the office of Assistant Controller of Stores, RVPN. Heerapura Village Gajsingpura Tehsil Jaipur measuring 38685.886 sq. m. approx. (46269.468 sq. yard approx.) situated at right side of NH-8. B --- Assets to be transferred from Rajasthan Vidhyut Prasaran Nigam Ltd. to Jodhpur Vidhyut Vitran Nigam Ltd. [See Clause 3] Land, (including buildings and all structures and trees), or RVPN Guest House, Shastri Circle, Jodhpur measuring 6468.8816 sq. m. approx.
65b97cacab84c7eca86e9322	acts	State of Punjab - Act ----------------------- Punjab and Haryana Civil Courts Preparation and Supply of Certified Copies of Type-written Judgments Rules, 1982 ------------------------------------------------------------------------------------------------------------------ PUNJAB India Punjab and Haryana Civil Courts Preparation and Supply of Certified Copies of Type-written Judgments Rules, 1982 ================================================================================================================== Rule PUNJAB-AND-HARYANA-CIVIL-COURTS-PREPARATION-AND-SUPPLY-OF-CERTIFIED-COPIES-OF-TYPE-WRITTEN-JUDGMENTS-RULES-1982 of 1982 ------------------------------------------------------------------------------------------------------------------------------ * Published on 5 August 1982 * Commenced on 5 August 1982 Punjab and Haryana Civil Courts Preparation and Supply of Certified Copies of Type-written Judgments Rules, 1982 Published vide Haryana Government Notification No. G.S.R. 85/257/C.A./5/1908/R6B, and 20, Order 20/82, dated 5th August, 1982 High Court of Punjab and Haryana at Chandigarh No. G.S.R. 85/257/C.A./5/1908/R6B, and 20, Order 20/82. - In exercise of the powers conferred by Rule 6-B read with Rule 20 of Order XX of Code of Civil Procedure, 1908, as amended the High Court of Punjab and Haryana makes the following rules to regulate the preparation and supply of certified copies of type-written judgments in civil cases by Courts provided with stenographers/steno-typists namely :- ### 1. Short title, extent and commencement. (1) These rules may be called the Punjab and Haryana Civil Courts Preparation and Supply of Certified Copies of Type-written Judgments Rules, 1982. (2) They shall apply to every civil Court for the time being provided with a stenographer or a stenotypist, subordinate to the High Court. (3) They shall come into force with immediate effect. ### 2. Definitions. - In these rules, unless the context otherwise requires - (a) 'Copy' means certified copy of a typewritten judgment prepared in accordance with these rules; (b) 'Code' means the Code of Civil Procedure, 1908; (c) 'High Court' means the High Court of Punjab and Haryana at Chandigarh. (d) All other words and expressions used in these ruled but not defined shall have the meaning respectively assigned to them in the Code. ### 3. Persons entitled to obtain copy. - Any party to a civil case including proceedings of a civil nature shall be entitled to obtain copy from the Court if an application is made to the Presiding Officer of that Court at any time before the conclusion of arguments. ### 4. Duty of the Court to inform the parties and their pleaders as to their right for the supply of copies. - The Court shall, before the commencement of arguments, inform the parties and their pleaders present in Court are to their right to the supply of a copy if an application is made by them at any time before the conclusion of arguments. ### 5. Procedure for submission of application. - An application for a copy shall be made by the party, his authorised agents or by his pleader or a plain paper bearing a Court fee stamp of 40 paise apart from the court fee stamp, if any, to cover the cost of a copy. ### 6. Charges for copy and manner of payment thereof. - Copying fee shall be charged at the rate of Re. 1 per page which shall be paid by the applicant in the form of courtfee stamps before taking delivery of the copy. ### 7. Preparation of copies by stenographers/steno-typists. - The stenographers or the stenotypists, as the case may be, shall prepare as many extra-carbon copies of judgments as are applied for by the parties or their pleaders within the prescribed time limit, at the time of transcription of the judgment pronounced by the Court. ### 8. Endorsement on copies. (1) The stenographer or the steno-typist, as the case may be, who prepared the copy, shall make thereon the following endorsement :- "Certified to be a true copy" and shall sign and date the endorsement and also subscribe his official designation below which he shall make the following further endorsement :- "Authorised by Section 76 of Indian Evidence Act, 1872." (2) If the copy is on more than one sheet of paper, he shall endorse the words "attested" on every such sheet, and shall enter his initials and the date thereunder. He shall at the same time cancel the court fee stamps on the application, if not already done and also those representing the cost of the copy. ### 9. Recovery of copying fee and supply of copy. - The stenographer or the steno-typist, as the case may be, shall before delivering copy to the applicant ensure that the prescribed copying fee charges have been duly recovered in the form of court fee stamps. ### 10. Account of income in register. (1) The stenographer or the steno- typist, of every civil Court shall maintain a register showing therein each day's income from the supply of copies and other particulars in the following form :- (i) Serial No. (ii) date of application, (iii) date of pronouncement of judgment, (iv) number and title of the case, (v) name of the applicant, (vi) number of pages of the judgment, (vii) amount recovered as copying charges, (viii) date of delivery of copy, and (ix) remarks by the presiding officer of the Court. (2) After the close of each month, he shall total the income and prepare astatement of monthly income which shall be sent by him after being countersigned by the Presiding Officer of the Court by the 15th of succeeding month to the Officer In-charge of the Copying Agency which is required to supply copies of the records of that Court. ### 11. Payment of 40% fee to the stenographers/stenotypist. - 40% of the income derived from the supply of copies prepared by a stenographer or stenotypist, as the case may be, shall be paid to him by the Officer In-charge of the Copying Agency within a period of 15 days from the receipt of statement under rule 10 out of the imprest of the Copying Supervisor of that agency. By order of Hon'ble the Chief Justice and Judges
65b97fffab84c7eca86e93b9	acts	State of Punjab - Act ----------------------- The Punjab Land Preservation Act, 1900 ---------------------------------------- PUNJAB India The Punjab Land Preservation Act, 1900 ======================================== Act 2 of 1900 --------------- * Published on 1 January 1900 * Commenced on 1 January 1900 The Punjab Land Preservation Act, 1900 Punjab Act 2 of 1900 An Act to provide for the better preservation and protection of certain portions of the territories of [Punjab] [Substituted for the word 'East Punjab' (which had been inserted for the word 'Punjab' by the Indian Independence (Adaption of Bengal and Punjab Acts), Order, 1948) by the Adaptation of Laws (Third Amendment) Order, 1951.] [-] [The words 'Situate within or adjacent to the Siwalik mountain range' omitted by Punjab Act 11 of 1942, section 2.] [-] [The preamble was omitted by ibid, section 3.] It is hereby enacted as follows:- Preliminary ### 1. Short title and commencement . - (1) This Act may be called the Punjab Land Preservation [-] [The brackets and word '(chos) ' omitted by Punjab Act 4 of 1944, section 2(a).] Act, 1900, and (2) [ It shall extend to the whole of the State of [Punjab.] [Sub-section (2) inserted by Punjab Act No. 11 of 1942, section 4(a) ] (3) [ It shall come into force at once.] [See Punjab Act 11 of 1942.] ### 2. Definition . - In this Act unless a different intention appears from the subject or context, - (a) the expression "land" means land within any [-] [The word 'local' omitted by Punjab Act 4 of 1944, section 3(a) .] area preserved and protected or otherwise dealt with in manner in this Act provided, and includes benefits to arise out of land and things attached to the earth or permanently fastened to anything attached to the earth; (b) the expression "cho" means a stream or torrent flowing through or from the Siwalik mountain range within [Punjab] [Substituted for the word 'East Punjab' (which had been inserted for the word 'Punjab' by the Indian Independence (Adaption of Bengal and Punjab Acts) Order 1948) by the Adaptation of Laws (Third Amendment) Order, 1951.] ; (c) the expressions "tree", "timber", "forest-produce" and "cattle" respectively shall have the meanings severally assigned thereto in section 2 of the Indian Forest Act, [1927] [Substituted for the figures '1878' by Punjab Act 4 of 1944, section 3(b) . See the Indian Forest Act, 1927 (16 of 1927), section 2.] ; (d) the expression "person interested" includes all persons claiming any interest in compensation to be made on account of any measures taken under this Act, [-] [The words 'and' omitted by Punjab Act 4 of 1944, section (c) ] ; (e) the expression "Deputy Commissioner" includes any officer or officers at any time specially appointed by the [State] [Substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government to perform the functions of a Deputy Commissioner under this Act; (f) [ the expression "rightholder" includes - [Added by Punjab Act 4 of 1944, section 3(d) .] (i) persons not being tenants or mortgagees having rights to or in land; and (ii) persons having rights of collection of forest produce or of grazing or pasture; and (g) the expression "erosion" includes the removal or displacement of earth, soil, stones or other materials by the action of wind or water.] Notification and Regulation of Areas ### 3. [ Notification of areas. [Substituted by Punjab Act No. 11 of 1942.] - Whenever it appears to the [State] Government that it is desirable to provide for the conservation of sub-soil water or the prevention of erosion in any area subject to erosion or likely to become liable to erosion, such Government may by notification make a direction accordingly.] ### 4. Power to regulate, restrict or prohibit, by general or special order, within notified areas, certain matters . - In respect of areas notified under section 3 generally or the whole or any part of any such area, the State Government may by general or special order temporarily [-] [.The words 'or permanently' were omitted by Punjab Act 7 of 1926, section 3.] regulate, restrict or prohibit - (a) the clearing or breaking up or cultivating of land not ordinarily under cultivation prior to the publication of the notification under section 3; (b) the quarrying of stone or the burning of lime at places where such stone or lime had not ordinarily been so quarried or burnt prior to the publication of the notification under section 3; (c) the cutting of trees or timber, or the collection or removal or subjection to any manufacturing-process, otherwise than as described in clause (b) of this sub-section of any forest-produce other than grass, save for bona fide domestic or agricultural purposes [of right-holder in such area] [Added by Punjab 4 of 1944, section 4(9) .] ; (d) the setting on fire of trees, timber or forest produce; (e) the admission, herding, pasturing or retention of sheep, [goats or camels] [Subsituted for the words 'or goats' by Punjab Act 4 of 1944, section 4(b) .] ; (f) the examination of forest-produce passing out of any such area; and (g) the granting of permits to the inhabitants of towns and villages situate within the limits or in the vicinity of any such area, to take any tree, timber or forest produce for their own use therefrom or to pasture sheep, [goats or camels] [Substituted for the words 'or goats' by Punjab Act 4 of 1944, section 4(c) .] or to cultivate or erect buildings therein and the production and return of such permits by such persons. ### 5. Power in certain cases, to regulate, restrict or prohibit, by special order, within notified areas, certain further matters . - In respect of any specified village or villages, or part or parts thereof comprised within the limits of any area notified under section 3, the [State] [Substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government may, by special order, temporarily [-] [The words 'or permanently' were omitted by Punjab Act 7 of 1926, section 3.] regulate, restrict or prohibit - (a) the cultivating of any land ordinarily under cultivation prior to the publication of the notification under section 3; (b) the quarrying of any stone or the burning of any lime at places where such stone or lime had ordinarily been so quarried or burnt prior to the publication of the notification under section 3; (c) the cutting of trees or timber or the collection or removal or subjection to any manufacturing process, otherwise than as described in clause (b) of this sub-section, of any forest-produce [for any purposes] [Substituted for the words 'and goats' by Punjab Act 4 of 1944, section 4(c) .] ; and (d) the admission, herding, pasturing or retention of cattle generally other than [goats and camels] [Substituted for the words 'and goats' by Punjab Act 4 of 1944, section 4(c) .] , or of any class or description of such cattle. ### 5A. [ Power to require execution of works and taking of measures. -In respect of areas notified under section 3 generally or the whole or any part of any such area, the [State] Government may, by general or special order direct. [Inserted by Punjab Act No. 4 of 1944.] - (a) the levelling, terracing, drainage and embanking of fields; (b) the construction of earthworks in fields and ravines; (c) the provision of drains for storm water; (d) the protection of land against the action of wind or water; (e) the training of streams; and (f) the execution of such other works and the carrying out of such other measures as may, in the opinion of the State Government, be necessary for carrying out the purposes of this Act.] ### 6. Necessity for regulation, restriction or prohibition to tbe recited in the order under sections 4, 5 or 5A. Publication of order . - Every order made under [Sections 4, 5 or 5-A] [Substituted for 'section 4 or section 5' by Punjab Act 4 of 1944, section 7(a) .] shall be published in the [Official Gazette] [Substituted for the word 'Gazette' by the Government of India (Adaptation of Indian Laws) Order, 1937.] and shall set forth that the State Government is satisfied, after due inquiry, that regulations, restrictions, [prohibitions or directions] [Substitued for the words 'or prohibitions' by Punjab Act 4 of 1944, section 7(b) .] contained in the order are necessary for the purpose of giving effect to the provisions of this Act. ### 7. Proclamation of regulations, restrictions, and prohibitions and admission of claims for compensation for rights which are prohibited . - (1) When, in respect of any [-] [The word 'Local' was omitted by Punjab Act 4 of 1944, section 8(a) .] area, a notification has been published under section 3, and - (a) upon such publication any general order, made under section 4 [or section 5-A1 becomes applicable to such area, or] [Inserted by Punjab Act 4 of 1944, section 8(b) .] (b) any special order under [sections 4, 5 or 5-A1, is made in respect of such area, the Deputy Commissioner shall cause public notice of the provisions of such general or special order to be given, and if the provisions of any such order restrict or [prohibit the exercise of] [Substituted for 'section 4 or section 5' by Punjab Act 4 of 1944, section 8(c) .] any existing rights, shall also publish in the language of the country and in every town and village the boundaries of which include any portion of the area within or over which the [exercise of any such rights is so restricted or prohibited] [Substituted for the words 'any such rights are so restricted or extinguished' by Punjab Act 7 of 1926, section 4.] a proclamation stating the regulations, restrictions and prohibitions which have been imposed, by any such order, within the limits of such area or in any part or parts thereof, fixing a period of not less than three months from the date of such proclamation, and requiring every person claiming any compensation in respect of any right so restricted or prohibited, within such period either to present to such officer a written notice specifying, or to appear before him and state, the nature and extent of such right and the amount and particulars of the compensation (if any) claimed in respect thereof. (2) Any claim not preferred within the time fixed in the proclamation made under sub-section (1), shall be rejected: Provided that, with the previous sanction of the Commissioner, the Deputy Commissioner may admit any such claim as if it had been made within such period. ### 7A. [ Power to fix time within which work to be executed, etc. (1) When an order has issued under section 5-A, the Deputy Commissioner may by notice require the owner or occupier of the land to execute such works or take such measures as may be specified in the notice. [Inserted by Punjab Act No. 4 of 1944] (2) Every such notice shall state the time within which the works are to be executed or measures are to be taken. (3) A person aggrieved by an order contained in such a notice as aforesaid may, within thirty days from the service of such a notice or within such longer period as the Deputy Commissioner may allow in this behalf, serve a notice of his objections on the Deputy Commissioner in such manner as may be provided by the rules made under this Act. (4) If and in so far as an objection under this section is based on the ground of some infirmity, defect or error in or in connection with the notice, the Deputy Commissioner shall dismiss the objection, if he is satisfied that the infirmity, defect or error was not a material one. (5) If the objection is brought on all or any of the following grounds, that is to say:- (a) that the notice might lawfully have been served on the occupier of the land in question instead of on the owner, or on the owner instead of on the occupier, and that it would have been equitable for it to have been so served; (b) that some other person, being the owner, occupancy tenant, mortgagee with possession, or lessee, or farm holder, or possessing some other right in or over the land to be benefited, ought to contribute towards the expenses of executing any works or taking any measures required; (c) where the work or measure is for the common benefit of the land in question and other land, that some other person being the owner or occupier of land to be benefited, ought to contribute towards the expenses of executing any works or taking any measures required; the objector shall serve a copy of his notice of objection on each other person referred to, and on the hearing of the objection the Deputy Commissioner may make such order as he thinks fit with respect to the person by whom any work is to be executed or measure is to be taken and the contribution to be made by any other person towards the cost of the work or measure, or as to the proportions in which any expenses which may become recoverable by the Deputy Commissioner under sub-section (6) are to he borne by the objector and such other person : Provided that no such order shall be made unless the person who is likely to be affected thereby has been given a reasonable opportunity of being heard. In exercising his power under this sub-section Deputy Commissioner shall have regard- (a) as between an owner and an occupier, to the terms and conditions, whether contractual or statutory, of the tenancy and to the nature of the works and measures required; and (b) in any other case, to the degree of benefit to be derived by the different persons concerned. (6) Notwithstanding anything to the contrary in any law for the time being in force, no person required by a notice or an order under this section to execute any work or to take any measure shall be required to obtain the consent of any other person before complying with such notice or order. (7) Subject to such right of objection as aforesaid and the right of appeal under section 18, if the person required by the notice to execute works or to take measures fails to execute the works or to take the measures indicated within the time thereby limited, the Deputy Commissioner may himself or by an agent execute the works or take the measures and recover from that person the expenses reasonably incurred by him in so doing : provided that it shall not be necessary for the Deputy Commissioner to wait for the decision of any objection other than an objection under clause (a) of sub-section (5), or an appeal against any decision on such objection, before taking action under this sub-section; (8) If the cost of any work executed or any measure taken by any person remains unpaid by the person from whom it is due after the date specified in a notice issued in this behalf by the Deputy Commissioner or such other date as is fixed by him, such cost shall be recoverable as an arrear of land revenue and a certificate issued by the Deputy Commissioner in this behalf shall be final and conclusive evidence of the sum so recoverable and the person liable for the same. (9) Every order issued under this section shall be published in such manner as may be prescribed in the rules made under this Act, and upon such publication every person affected thereby shall, unless the contrary be proved, be deemed to have had due notice thereof. (10) Thy Deputy Commissioner may by general or special order authorise any revenue officer subordinate to him to enquire into any objection that may be brought under this section: Provided that no final order on any such objection shall be passed except by the Deputy Commissioner himself. (11) In taking an order on objection brought under this section, the Deputy Commissioner shall be guided by such rules, if any, as the [State] Government may make in this behalf, (12) For the purposes of this section, the expression "estate" shall have the meaning assigned thereto in the Punjab Land Revenue Act, 1887.] Control over the Beds of Chos ### 8. Action when State Government considers it desirable to take measures to regulate the beds of chos. Vesting of such beds in State Government . - (1) Whenever it appears to the [State] [Substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government that it is desirable that measures should be taken in the bed of any cho for the purpose of - (a) regulating the flow of water within, and preventing the widening or extension of, such bed, or of (b) reclaiming or protecting any land situate within the limits of such bed; such Government, may, either proceed at once in manner in sub-section (2) provided, or, in the first instance, by notification specifying the nature and extent of the measures to be taken and the locality in and the time within which such measures are to be so taken, require all persons possessing proprietary or occupancy rights in land situate in such locality to themselves carry out the measures specified in such notification accordingly. (2) If the whole or any part of the bed of any cho be unclaimed, or, if, in the opinion of the [State] [Substituted for the word 'Provincial'by the Adaptation of Laws Order, 1950.] Government the measures deemed necessary under sub-section (1) are of such a character, in regard to extent and cost, that the interference of the State Government is absolutely necessary, or in the event of the owner or occupier of any portion of the bed of any cho failing to comply with the requirements of any notification issued under sub- section (1), such Government may, by notification, declare that the whole or any part of the area comprised within the limits of the bed of any cho shall [vest in the State Government] [Substituted for the words 'His Majesty for the purposes of the Province' by the Adaptation of Laws (Third Amendment) Order, 1951.] [-] [The words 'either absolutely and in perpetuity or' were omitted by Punjab Act 8 of 1926, section 2.] for such period and subject to such conditions (if any) as may be specified in the notification : Provided that no such declaration shall be made in respect of, or shall affect, any land included within the limits of the bed of any such cho, which, at the date of the publication of the notification making such declaration, is cultivated or culturable, or yields any produce of substantial value. (3) When the owners or occupiers of such locality are unable to agree among themselves regarding the carrying out of such measures, the decision of those paying the larger amount of land-revenue shall be held to be binding on all. (4) The [State] [Substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government may, from time to time, by like notification, extend the period during which any such area shall remain vested in [the State Government] [Substituted for the words 'His Majesty' by the Adaptation of Laws (Third Amendment) Order, 1951.] . ### 9. Effect of notification to suspend or extinguish private rights in the area notified under section 8 . - Upon the making of any declaration under sub- section (2) of section 8, all private rights of whatever kind existing in or relating to any land comprised within the area specified in the notification containing such declaration at the time of the publication thereof, shall [be suspended for the period specified in the declaration and for such further period (if any) to which such period may at any time be extended] [Substituted for the old clauses (a) and (b) by Punjab Act 8 of 1926, section 3.] : Provided that, as far as circumstances admit, such rights of way and water shall be reserved, in respect of every such area, as may be necessary to meet the reasonable requirements and convenience of the persons (if any) who, at the time of the making such declaration, possessed any such rights over such area. ### 10. Power of Deputy Commissioner to delimit the bed and to decide what constitutes such bed. Power to take possession of bed when vested in the State Government . - (1) The Deputy Commissioner shall, for the purposes of every notification issued under sub-section (2) of section 8, fix the limits of the area comprised within the bed of the cho to which such notification is to apply. (2) Upon the publication of a notification containing any declaration under sub-section (2) of section 8, it shall be lawful for the Deputy Commissioner to - (a) take possession of the area specified in such declaration; (b) eject all persons therefrom; and to (c) deal with such area, while it remains vested in [State Government] [Substituted for the words 'His Majesty' by the Adaptation of Laws (Third Amendment) Order, 1951.] , as if it were the absolute property of [the State Government]. [Substituted for the words 'His Majesty' by the Adaptation of Laws (Third Amendment) Order, 1951.] ### 11. Bar of compensation for acts done under section 8, 9 or 10 - No person shall be entitled to any compensation for anything at any time done, in good faith, in exercise of any power conferred by section 8, section 9 or section 10. ### 12. Condition as to sale of land acquired under the Act and obligations of Local Government to keep account of moneys expended on such land. - Repealed by Act VIII of 1926, Section 4. Power to enter upon and Delimit Notifted Areas and Beds ### 13. Power to enter upon, survey and demarcate local areas notified under section 3 or section 8 . - It shall be lawful for the Deputy Commissioner and for his subordinate officers, servants, care-takers and workmen, from time to time, as occasion may require,- (a) to enter upon and survey any land comprised within any [-] [The word 'local' omitted by Punjab Act 4 of 1944, section 10(a) .] area in regard to which any notification has been issued under section 3 or section 8 [or in regard to which a notifiication is proposed to be issued under section 5-A] [Inserted by Punjab Act 4 of 1944, section 10(b) .] ; (b) to erect bench-marks on and to delimit and demarcate the boundaries of any such [-] [The word 'local' omitted by Punjab Act 4 of 1944, section 10(a) .] area; and (c) to do all other acts and things which may be necessary in order adequately to preserve or protect any land or to give effect to all or any of the provisions of this Act: Provided that reasonable compensation, to be assessed and determined in the manner in this Act provided, shall be made in respect of any damage or injury caused to the property or rights of any person in carrying out any operations under the provisions of this section, but no such compensation shall be payable in respect of anything done under the said provisions within the limits of any [-] [The word 'local' omitted by Punjab Act 4 of 1944, section 10(a) .] area notified under section 8. Inquiry into Claims and Award of Compensation ### 14. Inquiries into claims and awards thereupon . - (1) The Deputy Commissioner shall - (a) fix a date for inquiring into all claims made under section 7 [-] [The words 'or section 12' were omitted by Punjab Act 8 of 1926, section 5.] and may in his discretion, from time to time, adjourn the inquiry to a date to be fixed by him; (b) record in writing all statements made under section 7; (c) inquire into all claims duly preferred under section 7 [-] [The words 'or section 12' were omitted by Punjab Act 8 of 1926, section 5.] ; and (d) make an award upon each such claim, setting out therein the nature and extent of the right claimed, the person or persons making such claim, the extent (if any) to which, and the person, or persons in whose favour, the right claimed is established, the extent to which it is to be restricted or [prohibited] [Substituted for the word 'extinguished' by Act 8 of 1926, section 5.] and the nature and amount of the compensation (if any awarded). (2) For the purposes of every such inquiry the Deputy Commissioner may exercise all or any of the powers of a Civil Court in the trial of suits under the [Code of Civil Procedure (XIV of 1882)] [See now the Code of Civil Procedure, 1908 (Act 5 of 1908),.] . (3) The Deputy Commissioner shall announce his award to such persons interested, or their representatives, as are present, and shall record the acceptance of those who accept it. To such as are not present, the Deputy Commissioner shall cause immediate notice of his award to be given. ### 15. Method of awarding compensation and effect of such award . - (1) In determining the amount of compensation the Deputy Commissioner shall be guided, so far as may be, by the provisions of sections 23 and 24 of the Land Acquisition Act, 1894, and, as to matters which cannot be dealt with under those provisions, by what is just and reasonable in the circumstances of each case. (2) The Deputy Commissioner may, with the sanction of the [State] [Substituted for the word 'Provincial' by the Adaption of Laws Order, 1950.] Government and the consent of the person entitled, instead of money award compensation in land or by reduction in revenue or in any other form. (3) If, in any case, the exercise of any right is prohibited for a time only, compensation shall be awarded only in respect of the period during which the exercise of such right is so prohibited. (4) Repealed by Punjab Act 8 of 1926, section 6. Procedure, Records and Appeal ### 16. Record of rights in respect of notified area .- (1) For every area, notified under section 3 or section 8, the Deputy Commissioner shall prepare a record setting forth the nature, description, local situation and extent of all rights mentioned in section 4 and section 5 - (a) existing within such area at the time of the publication of the notification relating thereto under section 3 or section 8; (b) regulated, restricted, [-] [The word 'suspended' was omitted by Punjab Act, 8 of 1926, section 7.] or [prohibited] [Substituted for the word 'extinguished' by Act 8 of 1926, section 5.] by any order under section 4 or section 5. (2) When any award is made under section 14, its effect upon any right shall also be recorded therein. ### 17. Mode of proclaiming notifications and observing notices, orders and processes, issued under the Act. (1) Upon the publication of a notification issued under any of the provisions of this Act, the Deputy Commissioner shall cause public notice of the substance thereof to be given at convenient places in the locality to which which such notification relates. (2) The procedure prescribed in sections 20, 21 and 22 of the Punjab Land Revenue Act, 1887 (XVII of 1887), shall be followed, as far as may be, in proceedings under this Act. ### 18. Appeal, review and revision . - Every order passed and award made by a Deputy Commissioner under this Act, shall, for the purposes of appeal, review and revision, respectively, be deemed to be the order of a Collector within the meaning of sections 13, 14, 15, and 16 of the Punjab Land Revenue Act, 1887 : Provided that nothing in this Act contained shall be deemed to exclude the jurisdiction of any Civil Court to decide any dispute arising between the persons interested in any compensation awarded as to the apportionment or distribution thereof amongst such persons or any of them. Penalties, Bar of Suits and Rules ### 19. Penalty for offences . - Any person who, within the limits of any [-] [The word 'local' omitted by Punjab Act 4 of 1944, section 11(a) .] area notified under section 3, commits any breach of any regulation made, [restriction or prohibition imposed, order passed or requisition made under sections 4, 5, 5A or 7-A] [Substituted for the words 'or restriction or prohibition imposed under section 4 or section 5' by Punjab Act 4 of 1944, section 11(b) .] [or obstructs or resists in any way whatever the execution of acts or things done under section 13] [Inserted by Punjab Act 7, 1950, section 2.] , shall be punished with imprisonment for a term which may extend to one month, or with a fine which may extend to one hundred rupees, or with both. ### 20. Application of provisions of the Indian Forest Act, 1927 . - [The provisions of sections 52, 54, 55, 56, 57, 58, 59, 60, 61, 62, 64 (excluding the last sentence), 66, 67, 68 and 73 of the Indian Forest Act, 1927] [Substituted for 'The provisions of sections 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 63 (excluding the last sentence), 64, 65, 66, 67 and 72 of the Indian Forest Act, 1878,' by Punjab Act 4 of 1944, section 12.] shall, so far as applicable, be read as part of this Act, and for the purposes of those provisions, every offence punishable under section 19 shall be deemed to be a "forest offence" and every officer employed in the management of any area notified under section 3 or section 8, as care-taker or otherwise, shall be deemed to be a Forest Officer. ### 21. Bar of suits . - No suit shall lie against the [Government] [Substituted for the word 'Crown' by the Adaptation of Laws Order, 1950.] for anything done under this Act, and no suit shall lie against any public servant for anything done. or purporting to have been done, by him, in good faith, under this Act. ### 22. Power to make rules . - (1) The [State] [Substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government may make rules, consistent with this Act, - (a) regulating the procedure to be observed in any inquiry or proceeding under this Act: and (b) generally for the purpose of carrying into effect all or any of the provisions of this Act. (2) All rules made under this section shall be published in the [Official Gazette.] [Substituted for the word 'Gazette' by the Government of India (Adaptation of Indian Laws), Order, 1937.]
65b9427cab84c7eca86e8c0d	acts	State of Uttarakhand - Act ---------------------------- Uttarakhand Protection of Interests of Depositors (In Financial Establishment)(Amendment) Rules, 2018 ------------------------------------------------------------------------------------------------------- UTTARAKHAND India Uttarakhand Protection of Interests of Depositors (In Financial Establishment)(Amendment) Rules, 2018 ======================================================================================================= Rule UTTARAKHAND-PROTECTION-OF-INTERESTS-OF-DEPOSITORS-IN-FINANCIAL-ESTABLISHMENT-AMENDMENT-RULES-2018 of 2018 ---------------------------------------------------------------------------------------------------------------- * Published on 14 April 2018 * Commenced on 14 April 2018 Uttarakhand Protection of Interests of Depositors (In Financial Establishment)(Amendment) Rules, 2018 Published vide Notification No. 541/01(140) /27(1)/2018, dated 14.4.2018 Notification No. 541/01(140) /27(1)/2018, dated 14.4.2018. - In exercise of the powers conferred by Section 20 of the Uttarakhand Protection of Interests of Depositors (In Financial Establishment) Act, 2005, the Governor is pleased to make the following rules by partially amending the Uttarakhand Protection of Interests of Depositors (In Financial Establishment) Rules, 2015- ### 1. Short title and commencement. (1) These rules may be called the Uttarakhand Protection of Interests of Depositors (In Financial Establishment)(Amendment) Rules, 2018. (2) It shall come into force at once. ### 2. Insertion Definition. - In the Uttarakhand Protection of Interests of Depositors (In Financial establishment) Rules, 2015 (hereinafter referred as principal rules), Clause (h) shall be inserted after clause (g), namely- ### 2. (h) "Superintendent of Police" means Superintendent of Police or senior Superintendent of Police of a district appointed by the Government. ### 3. Insertion of Rule 11. - In the principal rules after Rule 10, a new Rule 11 shall be inserted as follows, namely- "11. Filing of Report and Return by the Financial Establishment. - (1) Every Financial Establishment shall submit a Report in Form I containing such particulars as required therein to the Collector and Superintendent of Police in whose jurisdiction the Financial Establishment commenced or carried its business. (a) It shall be the duty of every Financial Establishment to report to the Collector and Superintendent of Police, in case of any change in respect of any particulars furnished in Form I, within seven days after the change has taken place. (2) Every Financial Establishment shall funish, within one month of the expiry of each quarter of a financial year, a return in Form II showing particulars in respect of its business including its financial position, the area of its deposit collectred by it and the location of investments of moneys made by it within and outside the State, on each quarter of the financial year, if any, to the Collector and Superintendent of Police within whose jurisdiction his place of business is located, and if he has more than one place of business located in the State, to the Collector and Superintendent of Police under whose jurisdiction the main branch office, as declared by him, is located." Form I [See sub-rule (1) of Rule 3] Report of financial establishment on commencement/ conduct of Business in the State of Uttarakhand To The District Collector/ Magistrate, ...........(District) And Superintendent of Police .................(District) \| \| \| \| \| --- \| --- \| --- \| \| 1 \| Name of the Financial Establishment: \| \| \| 2 \| Name and address of Registering Authority: \| \| \| 3 \| Registration/Incorporation Number with date: \| \| \| 4 \| Name & address of the Regulator \| \| \| 5 \| Provide in detail about the authority to carry on such business: \| \| \| 6 \| Type of activities authorised by the registering authority \| \| \| 7 \| Any restrictions imposed by the registering authority on such activities \| \| \| 8 \| Name of the State in which the Financial Establishment is registered: \| \| \| 9 \| Full address: (i) Registered Office, Pin No. Phone No. (ii) Main Branch Office (If any): \| \| \| 10 \| Name, address (present & permanent) and PAN number of every Person\* responsible for management of affairs of the financial Establishment: \| (1) Sri/Smt …......................................... (2) Sri/Smt .............................. \| \| 11 \| \\Number of Branches/Offices: \| \| \| 12 \| Name(s) of the financial Establishment’s Auditor and address: \| \| \| 13 \| Name(s) of the Financial Establishment’s Banker(s) Name and address: \| \| \| 14 \| Name, address (present & permanent) and designation of the person conducting business of the Financial Establishment: \| \| Certified that the particulars/information furnished in the report have been verified and found to be correct and complete in all respects. Date: Place: Signature of Manager/ManagingDirector/authorised official Name: Designation: \If more than two persons are responsible for the management affairs of the financial Establishment they may give a list showing name and address appending to this Form. \\*A list showing the names and address of the place(s) where the Branch Office(s) of the Financial Establishment is/are situated should be enclosed. Form II [See sub-rule (3) of Rule 3] Quarterly Return Financial Year............... Quarter Ending. \| \| \| \| \| --- \| --- \| --- \| \| 1 \| Name of the Financial Establishment: \| \| \| 2 \| Name and Address of Registering Authority: \| \| \| 3 \| Registration/Incorporation number with date: \| \| \| 4 \| PAN numbers of the Financial Establishment and MD/Directors/President/Managing Partner/ CEO/ Proprietor: \| \| \| 5 \| Names and addresses of Directors/Partners/ Proprietor: \| \| \| 6 \| Name and addresses (present & permanent) of MD/Directors/President/Managing Partner/CEO/ Proprietor \| \| \| 7 \| Nature of business: \| \| \| 8 \| Details of Bank Names, account numbers and addresses of the Banker(s) : \| \| \| 9 \| Bank-wise and Account-wise Balance as at the end of the quarter: \| \| \| 10 \| Details of movable/immovable assets of the. Financial Establishment as at the end of the quarter. \| \| \| 11 \| Copies of latest Audited Balance Sheet \| \| \| 12 \| Amount received during the quarter from the Investors/Depositors: \| \| \| 13 \| Name and address of Depositors/investors from whom the amount was collected/received: \| \| \| 14 \| Amount received from other sources including loans during the quarter \| \| \| 15 \| Amount utilized/invested & spent during the quarter \| \| \| 16 \| Details of such utilization/investment/spent \| \| \| 17 \| Area and location of such investment within and outside State: \| \| \| 18 \| Details of assets created/acquired during the quarter: \| \| \| 19 \| Details of payments towards return on deposited amount such as interest, dividend or any other services: \| \| \| 20 \| Details of amount refunded including maturity amount to the investors/depositors during the quarter \| \| \| 21 \| Amount payable to the depositors/investors at end of the quarter. \| \| \| 22 \| Details of properties such as land/plots or fiats handed over of other services rendered to the investors/depositors during the quarter: \| \| \| 23 \| Details of movable/immovable assets including bank balances of Directors/ Managing Directors/ CEO/Partner/Proprietor as on the end of the quarter: \| \|
65b9998eab84c7eca86e96bd	acts	State of Haryana - Act ------------------------ The Regulation of Accounts Rules, 1930 ---------------------------------------- HARYANA India The Regulation of Accounts Rules, 1930 ======================================== Rule THE-REGULATION-OF-ACCOUNTS-RULES-1930 of 1930 ---------------------------------------------------- * Published on 12 December 1930 * Commenced on 12 December 1930 The Regulation of Accounts Rules, 1930 Published vide Punjab Government Notification No. 37270, dated 12.12.1930, published in the Punjab Government Gazette, 1930, Part 1, P. 1464-65 ### 1. Short title and commencement. (a) These rules may be called the Regulation of Accounts Rules. (b) They shall come into force on such date as the Governor-in-Council may by Notification appoint in this behalf. ### 2. Interpretation. - In these rules unless there is anything repugnant in the subject or context - (a) The Act means the Punjab Regulation of Accounts Act, 1930. (b) "Form" means the form in which the accounts prescribed by section 3 of the Act are to be maintained and furnished. (c) The Punjab General Clauses Act, 1 of 1898, shall apply for the purpose of interpretation, of these rules in like manner as it applies for the purpose of interpretation of a Punjab Act. ### 3. The form. - The account prescribed by clause (a) of sub-section (1) of section 3 of the Act shall be maintained in the form shown in the Schedule attached to these rules. ### 4. The form shall also be used for the statement of account required to be furnished periodically by the creditor to each debtor under the provisions of clause (b) of sub-section (1) of section 3 of the Act. ### 5. Supply of forms. - Samples of the form printed in English, Urdu, Gurmukhi, Nagri and Mahajani (Amritsari) and bound into registers containing fifty or a hundred forms shall be available for sale at all Post Offices, Branch Post Offices, Treasuries and Sub-Treasuries throughout the Province and shall be supplied to printing presses in districts. A creditor while being solely responsible for obtaining the requisite number of forms shall be under no obligation to purchase the forms from official sources, but may obtain supplies on the open market or from such other source as he may desire. Explanation. - Government accepts no responsibility for the supply of forms. ### 6. Numerals to be used. - The numerals to be used for the purpose of making entries in the form shall be the numerals ordinarily used with the particular script and language selected by the creditor or demanded by the debtor, as the case may be, in accordance with Explanation (i) to Section 3 of the Act. ### 7. Method of maintaining the prescribed accounts. - Each entry in the form shall as far as possible be made on the date to which the transaction in question relates. ### 8. The name and address of the debtor, and in the case of joint- debtors, of each joint-debtor, shall be entered at the head of the form after the words "loan account of". The address so entered shall be the address supplied by the debtors or joint- debtors at the address to which the statement of account should be sent in accordance with the requirements of rule 14. ### 9. Particulars of each every relating to payment or advances, whether in cash or kind, shall be entered in words in the column provided in the form for this purpose. Immediately after the mention of the amount in words in that column, half of this amount shall also be expressed in words. ### 10. The rate of interest as agreed on by the parties for each advance, whether in cash or in kind, and the amount of interest charged shall be entered in the column provided in the form. ### 11. The value of a repayment in kind by a debtor and the amount appropriated to principal and interest shall be entered on the due dates in column provided in the form. ### 12. The form shall be kept by the creditor in duplicate, so that there shall be a foil and counter-foil. The counter-foil shall be retained by the creditor and the foil shall be sent to the debtor in the manner hereinafter mentioned. The entries as in the foil so sent to the debtor shall in all respects to be an exact copy of the entries in the counter-foil retained by the creditor. ### 13. Where there are two or more joint-debtors the statement of account shall, in the absence of agreement to the contrary, be furnished to the joint-debtor named first at the head of the form. ### 14. Method of furnishing account to debtor. - The statement of account shall be furnished by sending the foil to the debtor by registered post, acknowledgement due, at the address entered at the head of the form in accordance with the requirements of rule 8 : Provided that if the debtor or joint-debtors, as the case may be, agreed in writing to accept the foil by personal delivery it shall not be necessary to send it by post. Explanation. - To prepare for posting the foil should be folded into packet form, with the space provided for the address left on the outside. As many foils intended for the same debtor as can be conveniently sent together may be enclosed in one packet. After folding, the open outside edge should be fastened down with a slip marked :- "Form of account under the Regulation of Accounts Act, 1930." The packet thus folded, addressed and stamped should be sent by registered post, acknowledgement due, without any outer cover. ### 15. Proof of acceptance by debtor. - If the debtor accepts the foil when delivered to whom in person, he shall give an acknowledgement of the receipt of the form on a separate sheet of paper. This acknowledgement shall bear the debtor's signature or thumb-impression. Explanation. - This acknowledgement shall not be deemed to be an admission of correctness of the entries in the form. ### 16. If the statement of account is sent by registered post the production of the postal receipt and acknowledgement shall be sufficient proof of the sending of the account. ### 17. Recovery of postal registration charges. - The postal registration and acknowledgement charges incurred by sending the statement of account by registered post shall be recoverable by the creditor as though it were a loan advanced in cash to the debtor and shall be duly entered in the loan account form. ### 18. Scale of costs payable by debtor demanding that account shall be furnished in particular script. - The scale of costs to be paid by such debtor as may demand that the account required by section 3 of the Act should be furnished in one of the particular script mentioned in Explanation (i) to section 3 shall be as follows:- \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| \| Rs. \| A. \| P. \| \| First 200 words and figures or under \| 0 \| 3 \| 0 \| \| Every additional 100 words or figures or under \| 0 \| 2 \| 0 \| The costs so incurred shall be recoverable by the creditor as though it were a loan advanced in cash to the debtor and shall be duly entered in the loan account form. ### 19. Method of certification of copies. - Certified copies of entries in book of account in order to be admissible in evidence under sub-section (2) of section 3 of the Act shall be copies of the counter-foil together with a certificate written at the foot of such copy that it is a true copy of the counter foil of which the original is still in the custody of the creditor. This certificate shall be dated and subscribed by the creditor and counter-signed by some person who has examined the copy with the original. Schedule ---------- Foil Loan Account of \_\_\_\_\_\_\_\_son of \_\_\_\_\_\_\_\_\_caste \_\_\_\_\_\_\_\_\_\_residence\_\_\_\_\_\_ Opening balance (if any) - Principal - Interest - \| \| \| --- \| \| NAME \| \| Advance in figures \| \| Date \| Particular of advances in words whether cash or kind (See rule 9) \| Cash \| Kind (number or weight) \| Value of advances in kind \| Rate of interest \| Amount of interest \| Remarks \| Date \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| \| \| JAMA \| \| \| \| Repayment in figures \| Appropriation \| \| Particulars of repayment whether cash or kind in words(See rule 9) \| Cash \| Kind (number or weight) \| Value of repayment in kind \| Principal \| Interest \| Remarks \| \| \| \| \| \| \| \| \| \| \| \| --- \| \| Balance outstanding on\| 30th June31st December\| 19 \| \| \| \| --- \| \| \| 15th Har15th Poh\| Sambat 19 \| Principle Interest Add opening balance as above \_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_ Total \_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_ (Signature) Creditor or Agent
65ba6c15ab84c7eca86eb417	acts	Union of India - Act ---------------------- The Application of section 159 to Foreign Companies Rules, 1975 ----------------------------------------------------------------- UNION OF INDIA India The Application of section 159 to Foreign Companies Rules, 1975 ================================================================= Rule THE-APPLICATION-OF-SECTION-159-TO-FOREIGN-COMPANIES-RULES-1975 of 1975 ----------------------------------------------------------------------------- * Published on 19 February 1975 * Commenced on 19 February 1975 The Application of section 159 to Foreign Companies Rules, 1975 Published vide Notification Gazette of India, G.S.R. 52 (E) Extraordinary, Point 2, Section 3(1), dated 19th February, 1975 G.S.R. 52(E) - In exercise of the powers conferred by sub-clause (i) of clause (b) of sub-section (3) of section 600, read with section 642, of the Companies Act 1956 (1 of 1956), the Central Government hereby makes the following rules namely :- ### 1. Short title and commencement. (1) These rules may be called The Application of section 159 to Foreign Companies Rules, 1975. (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 Companies Act, 1956 (1 of 1956); (b) "foreign company" has the meaning assigned to it by section 591; (c) "section" means a section of the Act; (d) "specified day" means the last day of the financial year of the foreign company. ### 3. Adaptation of section 159 in its application to foreign companies. - The provisions of section 159 shall, in its application to a foreign company, apply subject to the following modifications and adaptations, namely:- In section 159. "(A) for sub-section (1) of the following sub-section shall be substituted, namely:- (1) Every foreign company having a share capital shall in each year prepare and file with the Registrar, within sixty days from the last day of its financial year, a return containing the particulars, as on that day, regarding the following matters, namely:- (i) the address of the registered or principal office of the company; (ii) if any part of the register of members or debenture-holders of the company is kept in India, the address of the place where such part of the registers is kept; (iii) the shares issued for cash, bonus shares, and shares (other than bonus shares) issued (otherwise than for cash) as fully or partly paid-up shares, and the following particulars shall be specified in respect of each such class of shares:- (a) the amount of the nominal share capital of the company and the number of shares into which it is divided; (b) the number of shares taken, from the incorporation of the company up to the specified day; (c) the amount called up on each share up to the specified day; (d) the total amount of calls received up to the specified day; (e) the total amount of calls unpaid on the specified day; (f) the total amount of the sums (if any) paid by way of commission in respect of any shares or debentures up to the specified day; (g) the discount allowed on the issue of any shares issued at a discount or so much of that discount as has not been written off on the specified day; (h) the total amount of the sum (if any) allowed by way of discount in respect of any debentures since the last day of the financial year with reference to which the last return was submitted; (i) the total number of shares forfeited up to the specified day; (j) the total amount of shares for which share warrants are outstanding on the specific day and of shares warrants issued and surrendered respectively since the day referred to in sub-clause (h) and the number of shares comprised in each warrant; (k) the total amount of the indebtedness of the company on the specified day in respect of all charges (including mortgages), on properties in India, requiring registration under section 600; (l) the names, addresses, descriptions and occupations, if any, of all persons, who, on the specified day are members and debenture holders of the company, and of persons who have ceased to be members or debenture holders on or before the specified day and since the day referred to in sub-clause (h); (m) the number of shares or debentures held by each of the existing members or debenture-holders, as the case may be, on the specified day, specifying the number of shares or debentures transferred since the day referred to in sub-clause (h), by persons who are still members or debenture-holders and by persons who have ceased to be members or debenture-holders respectively, and the dates of registration of transfers and the names of transferees shall be arranged in the alphabetical order; (n) the persons who on the specified day are the directors, managing director, manager or secretary of the company and persons who had ceased to hold such offices on or before that day and since the day referred to in sub-clause (h): (iv) [ The Forms prescribed in these rules may be filed through electronic media or through any other computer readable media as referred under section 610A of the Companies Act, 1956 (1 of 1956). [Inserted by Notification No. G.S.R. 132(E) , dated 3.3.2006 (w.e.f. 19.2.1975)] (v) The electronic form shall be authenticated by the authorised signatories using digital signature, as defined under the Information Technology Act, 2000 ( 21 of 2000 ); (vi) The Forms prescribed in these rules, when filed in physical form, may be authenticated by authorised signatory by affixing his signature manually.] Provided that if any of the two immediately preceding returns has given as at the last day of the financial year with reference to which it was submitted, the full particulars required as to past and present members and the shares held and transferred by them, the return in question may contain only such of the particulars as relate to persons ceasing to be or becoming members since that day and to shares transferred since that day or to changes as compared with that day as to the number of shares held by a member. (B) for sub-section (2) and the proviso thereto, the following sub-section shall be substituted, namely:- "(2) The said return shall be in the Form set out in Part II of Schedule V (as applicable to the foreign company under these rules) or as near thereto as circumstances admit". (C) In Schedule V, for Part II, the following shall be substituted, namely:- Part II – [Form] [Substituted by Notification No. G.S.R. 132(E) , dated 3.3.2006 (w.e.f. 19.2.1975)] -------------------------------------------------------------------------------------------------------- \| \| \| --- \| \| Form[Pursuant to section 600(3) (b)(i) of the Companies Act, 1956 and rule 3 of Application of section 159 to Foreign Companies Rules, 1975]\| \| Form of annual return of a foreign company having a share capital \| \| \| \| --- \| \| Note - All fields marked in \are to be mandatorily filled. \| \| \| \| --- \| \| 1\| \Date upto which the annual return has been made\| \| (DD/MM/YYYY) \| \| \| \| --- \| \| 2\| \Foreign company registration number\| \| \| \| \| \| --- \| \| 3\| (a) \| Name of the company\| \| \| \| \| --- \| \| \| (b) \| Address of the established place of business in India\| \| \| \| \| --- \| \| \| \| \Line I\| \| \| \| \| --- \| \| \| \| Line II\| \| \| \| \| --- \| \| \| (c) \| \City\| \| \| \| \| \| --- \| \| \| (d) \| \State\| \| \| \| \| \| --- \| \| \| (e) \| \Country\| \| \| \| \| \| --- \| \| \| (f) \| \Pin Code\| \| \| \| \| \| --- \| \| \| (g) \| Telephone number with STD code\| \| \| \| \| \| --- \| \| \| (h) \| Fax\| \| \| \| \| \| --- \| \| \| (i) \| e-mail ID\| \| \| \| \| --- \| \| 4.\| \Date of balance sheet (last day of financial year of the company)\| \| (DD/MM/YYYY) \| \| \| \| --- \| \| 5.\| (a) \| \Whether any part of the register of members or debentures kept in India \| \| \| \| --- \| \| \| \| Yes\| No\| \| \| \| \| --- \| \| \| (b) \| \If yes, address of the place in which the register is kept \| \| \| \| --- \| \| \| \| Line I\| \| \| \| \| --- \| \| \| \| Line II\| \| \| \| \| --- \| \| \| (c) \| City\| \| \| \| \| \| --- \| \| \| (d) \| State\| \| \| \| \| \| --- \| \| \| (e) \| Pin Code\| \| \| \| \| \| --- \| \| \| I. Summary of share capital and debentures \| \| \| \| --- \| \| 6.\| Authorised share capital \| \| \| \| --- \| \| \| Authorised share capital divided into\| \| (number of shares)\| \| \| \| \| --- \| \| \| {\| \| \| Class of shares \| Number of shares \| Nominal value (in Rs.) \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| --- \| \| 7.\| Subscribed share capital and debentures \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| (a) \| Number of shares of each class taken \| \| Number of shares \| Class of shares \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| (b) \| Number of shares of each class issued subject to payment wholly in cash \| \| Number of shares \| Class of shares \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| (c) \| Number of shares of each class issued as fully paid-up for a consideration other than cash \| \| Number of shares \| Class of shares \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| (d) \| Number of shares of each class issued as partly paid-up for a consideration other than cash and extent to which each such share is so paid-up \| \| \| \| --- \| \| \| {\| \| \| Class of shares \| Number of shares \| Paid-up value per share \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| (e) \| Number of shares (if any) of each class issued at discount \| \| Number of shares \| Class of shares \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| \| (f) \| Amount of discount on the issue which has not been written off (in Rs.)\| \| \| \| \| \| --- \| \| 8.\| \Called up share capital and debentures \| \| \| \| --- \| \| (a) \| Amount called up on number of shares of each class \| \| \| \| --- \| \| \| {\| \| \| Class of shares \| Number of shares \| Called up value per share \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| --- \| \| (b) \| Total amount of calls received, including payment on application and allotment and any sums received on shares forfeited (in Rs.)\| \| \| \| \| --- \| \| (c) \| \Total amount (if any) agreed to be considered as paid on number of shares of each class issued as fully paid-up for a consideration other than cash (in Rs.)\| \| on \| \| \| \| --- \| \| \| {\| \| \| Number of Shares \| Class of Shares \| \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| --- \| \| (d) \| \Total amount (if any) agreed to be considered as paid on number of shares of each class issued as partly paid-up for a consideration other than cash (in Rs.)\| \| on \| \| \| \| --- \| \| \| {\| \| \| Number of Shares \| Class of Shares \| \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| --- \| \| (e) \| Total amount of calls unpaid\| (in Rs.)\| \| \| \| \| \| --- \| \| 9.\| Total amount of the sums (if any) paid by way of commission in respect of any shares or debentures \| \| \| \| --- \| \| \| \| (in Rs.)\| \| \| \| \| \| --- \| \| 10.\| Total amount of the sums (if any) allowed by way of discount in respect of any debentures since the date up to \| \| \| \| --- \| \| \| which the last return was made\| (in Rs.)\| \| \| \| \| \| --- \| \| 11.\| Total number of shares of each class forfeited \| \| \| \| --- \| \| \| {\| \| \| Number of Shares \| Class of Shares \| \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| --- \| \| 12.\| Total amount paid (if any) on shares forfeited (in Rs.)\| \| \| \| \| \| --- \| \| 13.\| Total amount of shares for which share warrants to bearer are outstanding (in Rs.)\| \| \| \| \| \| --- \| \| 14.\| Total amount of share warrants to bearer issued and surrendered respectively since the date up to which the last return was made \| \| \| \| --- \| \| (a) \| issued\| (in Rs.)\| \| \| \| \| \| --- \| \| (a) \| Surrendered\| (in Rs.)\| \| \| \| \| \| --- \| \| 15.\| Number of shares comprised in each share warrant to bearer, specifying in the case of warrants of different kinds, particulars of each kind \| \| \| \| --- \| \| \| {\| \| \| Number of Shares in each share warrant \| Kinds of warrant \| \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| --- \| \| \| Particulars of warrant \| \| \| \| --- \| \| \| \| \| \| \| --- \| \| \| II Particulars of indebtedness \| \| \| \| --- \| \| \| Total amount of indebtedness of the company in respect of all charges (including mortgages) which are required to be registered with the registrar (in Rs.) \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| Attachment\| \| \| List of attachments\|- \| \| 1. \Details of part present members\| Attach\| \| \|- \| \| 2. \Details of directs, managers and secretaries, past and present\| Attach\| \|- \| \| 3. \*Verification by managing director or director and director or manager or secretary, of the foreign company\| Attach\| \|- \| \| 4. Details of past and present debenture-holders\| Attach\| \|- \| \| 5. Optional attachment(s) - (if any)\| Attach\| \|- \| \| \| \| \| Remove attachments \| \| \| \| --- \| \| \| Declaration \| \| \| \| --- \| \| \| To the best of my knowledge and belief, the information given in this form and its attachments is correct and complete. The verification by managing direct or director and direct or manager or secretary of the company is being filed as an attachment to this form.I have been authorised by the board of directors to sign and submit this form. \| \| \| \| --- \| \| \| To be digitally signed by \| \| \| \| --- \| \| \| Authorised representative of the foreign company\| \| \| \| \| \| --- \| \| \| \| \| \| \| \| \| --- \| \| \| For office use only : \| \| \| \| --- \| \| \| This e-Form is hereby registered \| \| \| \| --- \| \| \| Digital signature of the authorising officer\| \| \| \| \| ### 4. Penalty. (1) If a foreign company fails to comply with any provisions contained in these rules, the company, and every officer of the company in default, shall be punishable with fine which may extend to five hundred rupees, and, where the contravention is a continuing one, with a further fine which may extend to fifty rupees for every day, after the first, during which such contravention continues. (2) For the purposes of these rules, "every officer of the company in default" means the person or persons whose names and addresses have been delivered to the Registrar under clause (d) of sub-section (1) of section 592.
65b9ee5dab84c7eca86ea43d	acts	State of West Bengal - Act ---------------------------- West Bengal Municipal (Building) Rules, 2007 ---------------------------------------------- WEST BENGAL India West Bengal Municipal (Building) Rules, 2007 ============================================== Rule WEST-BENGAL-MUNICIPAL-BUILDING-RULES-2007 of 2007 -------------------------------------------------------- * Published on 1 January 2007 * Commenced on 1 January 2007 West Bengal Municipal (Building) Rules, 2007 Published vide Notification No. 67/MA/O/C-4/3R-8/2002 dated 14th day of February, 2007, Published in the Kolkata Gazette, Extraordinary, Part I. ### 066. In exercise of the power conferred by sub-section (1) of section 417, read with section 198 of the West Bengal Municipal Act, 1993 (West Bengal Act 22 of 1993) (hereinafter referred to as the said Act), the Governor is pleased hereby to make, after previous publication as required by sub-section (1) of section 417 of the said Act, the following rules : Part I -------- Preliminary ### 1. Short title, application and commencement. (1) These rules may be called the West Bengal Municipal (Building) Rules, 2007. (2) Except as otherwise provided in these rules, they shall apply to buildings in the municipal areas, notified areas and Industrial Townships in West Bengal. (3) 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, (1) "the Act" means the West Bengal Municipal Act, 1993 (West Bengal Act 22 of 1993); (2) "addition to a building" means addition to the cubic content or to the floor area of a building; (3) "area", in relation to a building, means the superficies of a horizontal section thereof made at the plinth level, inclusive of the external walls and such portion of the party-walls as belongs to the building; (4) "advertising sign" means any surface of a structure with characters, letters, illustrations or illuminations applied thereto and displayed in any manner whatsoever to public view for the purposes of advertising or giving information regarding, or for attracting the notice of the public to, any place, person, public performance, article or merchandise whatsoever, and which surface or structure is attached to, forms part of, or is connected with, any land/or building, or is fixed to a wall, hoarding, frame, post, kiosk, structure, ground or fence, or is displayed in space or on screen; (5) "air-conditioning" means the process of treating air so as to control simultaneously its temperature, humidity, cleanliness and distribution to meet the requirement of conditioned space; (6) "alteration" means change from one occupancy to another, or a structural change, such as an addition to the area or height, or the removal of part of a building, or any change to the structure, such as, the construction of, cutting into or removal of any wall, partition, column, beam, joist, floor or other support, or a change to the fixture or equipment; (7) "apartment" means part of a property having a direct exit to a street or a passage or to a common area leading to such street or passage which together with its undivided interest in the common areas and facilities forms an independent unit; (8) "applicant" means Owner of the land and includes authorised representative of the owner or anybody having construction right in accordance with law and shall also include the transferee; -., (9) "architect" means a person who is registered as an Architect by the Council of Architecture under the Architects Act, 1972 (20 of 1972); (10) "balcony" means a semi open space including horizontal projection with a handrail or balustrade to serve as passage or sitting out place; (11) "basement or cellar" means the lower storey of a building partly or wholly below the ground level or the abutting road level, whichever is higher; (12) "boundary wall" means a wall constructed along the property line not exceeding permissible height as specified in these rules; (13) "building plan" means a plan accompanying a notice for sanction, or provisional sanction for erection, or re-erection, or addition to, or alteration of, a building; (14) "building services" or "services Y, in relation to a building, means lighting and ventilation, electrical installations, air-conditioning and heating, acoustics and sound insulation, installation of lifts, travelators and escalators, water supply, sewerage and drainage, gas supply, fire fighting arrangements, solid waste management, electronic, telecommunication and telephone installations; (15) "chajja or cornice" means a sloping, horizontal or structural, overhung usually provided over openings on external walls to provide protection from the sun and rain; (16) "chimney" means the construction by means of which a flue is formed for the purpose of carrying the products of combustion to the open air, and includes chimney stack and flue-pipe; (17) "commencement of work", in relation to a building, means the actual commencement of a building foundation work or erection or re-erection or alteration of a building including foundation, but does not include mere excavation of earth; (18) "courtyard" means a space permanently open to the sky, enclosed fully or partially by building, whether or not at ground level or any other level within, or adjacent to, a building, or a courtyard enclosed on all sides (beingan inner courtyard) or a courtyard where one of the sides is not enclosed (being an outer courtyard); (19) "covered area" means the ground area covered by building immediately above plinth level considering all the floors at all levels, but does not include.the spaces exempted under these rules and the space covered by (b) drainage, culvert, conduit, septic tank or soak pit, (c) compound wall and gate, and area covered by chajja; (20) "cul-de-sac" means a public or private street or passage closed at one end with provision for turning of cars; (21) "dangerous", in relation to a building which, by reason of its age, inadequate maintenance, dilapidation, abandonment or by any other reason, has become structurally unsafe or is not provided with adequate means of egress or which constitutes a fire hazard, dangerous to human life; (22) "depth", in relation to a plot, means the distance from the front to the rear line of the plot; (23) "drain" includes sewer, a house drain, or a drain of any other description, a tunnel, a culvert, a ditch, a channel and any other device for carrying off sullage, sewage, offensive matter, polluted water, rain water or subsoil water; (24) "drainage" means the removal of any liquid by a system provided for the purpose; (25) "dwelling unit" means an independent housing unit with separate living, cooking and sanitary facilities; (26) "engineer" means a person having minimum Bachelor degree in Civil Engineering or in Construction Engineering of a recognised University or Institute; (27) "escalator" means a mechanical device to transport persons between two or more levels in an inclined direction by means of guided moving steps: (28) "floor" means, unless otherwise specifically provided in these rules, the lower surface in a storey, after the finishing of which one normally walks in a building; (29) "floor area" means the covered area of a building at any floor level; (30) "Floor Area Ratio" or "F.A.R." (being the abbreviation of the whole words "Floor Area Ratio") means the quotient obtained by dividing the total floor area of all the floors of a building by the area of the plot, the formula being as follows : \| \| \| \| --- \| --- \| \| F.A.R = \| Total floor area of all floorsArea of the plot \| (31) "form" means a standard format for application to the Authorities appended to these rules; (32) "framed building' means a building where the dead load and superimposed load are transferred to foundation through framed members with rigid joints, which may be of R.C.C., prestressed concrete, steel, timber, or the like, such members at the transfer of loads being not only experienced with directional stress but also bending stress and sheer stress as well; (33) "Geo-technical Engineer" shall mean a person who having a minimum bachelors degree in civil or construction engineering from a recognized university, institute or an equivalent engineering qualification recognized by the Government and having not less than fiv`,, years' experience in soil investigation work and formulation of base for design and construction of different types of foundation, (34) "Ground coverage" is the percentage of the largest covered area per roof plan of building/buildings against the area of the p3ot including the area of the water bodies, if any, within the plot; \| \| \| \| --- \| --- \| \| Ground coverage = \| The area of the plot covered by buildingTotal area of the plot \| (35) "ground level" means the level at a height of 15 cm. above the, average level of the centre line of the street or passage to which the plot abuts; (36) "habitable room" means a room occupied or designed for occupancy by one or more persons for study, living, sleeping, eating, cooking, if it is used as a living room, but not including bath-rooms, water-closet, compartments, laundries, serving and storage pantries, corridors, cellars, attics and spaces that are not used frequently or during extended period clause; (37) "height of a building" shall mean vertical distance measured from the ground level, as defined in clause (35), to the highest point of the building, in case of flat roofs and in the case of sloped roofs, the mid-point between the eave's level and the ridge; Note :For hill areas, the vertical distance shall be measured from the lowest floor level instead of average ground level as applicable in case of plains; (38) "house" includes any hut, shop or warehouse; (39) "Khatal" means a place where cattle are kept or maintained for the purpose of trade or business in cattle or business in milk; (40) "ledge" or land" means a shelf-like projection, supported in any manner except by means of vertical supports, within a room itself but not having projection wider than 0.60 metre, for being used only as storage space; (41) "Licensed Building Surveyor (LBS.)" means a qualified surveyor who has been licensed under these rules; (42) "lift" means an appliance designed to transport persons or materials between two or more levels in a vertical or substantially vertical direction by means of guided car platform; as specified in these rules; (43) "loft" means an intermediary floor between two floors or a residual space in a pitched roof above normal floor level which is constructed or adopted for storage purposes; (44) "masonry" means an assemblage of masonry units properly bonded together with mortar; (45) "means of access" means a public or private street or passage open to the sky, as shown in the survey map or other records of the Municipality and includes a passage which may not be open to the sky in the case-of partition of an existing building; (46) "Mezzanine floor" means an intermediate floor between any two floors; (47) "Municipal authorities" means the municipal authorities specified in section 12 of the Act; (48) "open space" means an area, forming an integral part of the site, at the ground level open to the sky; (49) "Parapet" means a low wall or railing built along the edge of a roof or a floor; (50) "Parking space" means an area enclosed or unenclosed, covered or open, sufficient in size to park vehicles with a driveway connecting the parking space with a street or alley and permitting ingress and egress of vehicle; (51) "partition wall" means an interior non-load bearing wall of storey or part storey height; (52) "Party wall" means one wall forming part of a building and used or constructed to be used for the supports and separation of adjoining buildings to different owners or constructed or adopted to be occupied by different persons; (53) "passage" means a means of access which is not a private or public street and which provides access to not more than three plots, and includes footway and drains attached to the passage and also includes all lands up to the property line of the plots abutting the passage; (54) "plinth" means the part of a wall or structure between the ground level and the level of the lowest floor of a building above ground level; (55) "principal occupancy" means highest occupancy among the different use of a building/buildings but not less than 50% of the total usable area; (56) "purchaser" means any person who, enters into an agreement with the Promoter for the purchase of a dwelling unit; (57) "Registrar' means the Registrar as defined in the West Bengal Co-operative Societies Act, 1983; (58) "row housing" means a row of house with only front open space and rear open space and interior open space where applicable; (59) "Salt Lake township' means the Salt Lake Township, within the limits of the Bidhannagar Municipality, and Nabadiganta Industrial Township owned and developed by the Government of West Bengal; (60) "schedule" means the schedule to these rules; (61) "section" means a section of the Act; (62) "service rooms" means rooms and covered spaces meant primarily for purposes other than human habitation such as for the purpose of using it for parking, air-conditioning plant room or room for the other machines used for any building service or for other purposes such as space for a stand-by generator for power supply, storage space for household or other goods on non-inflammable nature, strong room or bank celler, and dark room; (63) "set back line" means a line usually parallel with the centre line of a road or street, laid down by a competent authority beyond which nothing can be constructed towards the road: (64) "shed" means a light or temporary structure for shade or shelter; (65) "single building" means a building having single block or multiple blocks connected at any level including basement where mandatory open spaces are considered in respect of the tallest block; (66) "site" or "building site" means the entire area covered by a building with out-houses, and includes the land at the front or in the sides of, and pertaining to, such building and the land required by rules to be left open; (67) "storey" means the portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between any floor and the top of roof next above it; (68) "smoke-stop door" means a door for preventing or checking the spread of smoke from one area to another; (69) "stair cover" means a structure with a covering roof over a staircase and its landing built to enclose only the stair for the purpose of providing protection from weather and not used for human habita-tion; (70) "structural engineer" shall mean an engineer having a minimum bachelor degree in civil engineering or structural engineering from a recognized University or an equivalent engineering qualification recognized by the Government having at least five years experience in the field of design and construction of structure of the building of different types with at least 5 years experience in structural designs; (71) "to construct a building with its grammatical variation means (i) to construct a new building, or (ii) to re-construct a building, or (iii) to convert a building or any part of a building, not being a flat or block, into a flat or block; (72) "tenement" means an independent dwelling unit with a kitchen; (73) "Water closet" or the letters "W.C." (being the abbreviation of the whole words "water closet") means a privy with arrangement for flushing the pan with water and does not include a bathroom; (74) "Width of a street" means the whole extent of space, including the roadway over any public bridge or flyover, footway and drains attached to such street, within the boundaries of the street as specified in the survey map or other records of a Municipality. (2) Words and expressions used but not otherwise defined shall have the same meaning as in the Act. [Part IA] [Inserted by Notification no. 479/MA/O/C-4/3R-8/2002(Pt. I), dated 10.9.2007, w.e.f. 10.9.2007.] ### 2A. Classification of Buildings. For the purpose of classification of a building according to occupancy; an occupancy shall be deemed to include subsidiary occupancies, which are contingent upon it. The occupancy classification shall include residential, educational, institutional, assembly, commercial, mercantile (retail) , mercantile (wholesale), industrial, storage and hazardous occupancies. Principal occupancy shall be the occupancy of covering not less than 50% of the floor area of the building. In case no single occupancy covers more than 50% of the floor area of a building, it shall be classified as a building of -mixed use or occupancy". The classification of buildings, based on principal occupancy, shall be as follows (a) "Residential building" means, any building in which sleeping accommodation is provided for normal residential purpose as the principal use with cooking facility or dining facility or both; such building shall include one or two or multifamily dwellings, lodging, hostels, old age homes, dormitories. apartment houses and flats; In case of hostels or dormitories attached to educational institution there may or may not be any cooking facilities. (b) "Educational building" means, any building used for school, college, library or training institute, or day-care purpose involving assembly for instruction, education or recreation incidental to educational buildings; (c) "Institutional building" means, any building or part thereof ordinarily providing sleeping accommodation for occupants and used for the purposes of medical or other treatment or care of persons suffering from physical or mental illness, disease or infirmity, care of infants, convalescents or aged persons and for penal or correctional detention in which the liberty of the inmates is restricted; such buildings shall include hospitals, clinics, diagnostic centres, doctor's chamber, dispensaries, nursing homes, sanatoria, custodial institutions and penal institutions like jails, prisons, mental hospitals and reformatories; (d ) "Assembly building" means, any building or part thereof where group of people congregate or gather for amusement or recreation or for social, religious, patriotic, civil, travel, sports, and similar other purposes; such buildings shall include theatres, motion picture houses, drive-in-theatres, city halls, town halls, ceremonial halls, auditoria, exhibition halls, museums, skating rinks, gymnasium, restaurants/bars, food court eating houses, hotels, boarding houses, places of worship, dance halls, club rooms/houses, entertainment centres, gymkhanas, passenger stations and terminals of air, surface and other public transportation services, recreation piers, multiplex and stadia; (a) "Commercial building" means, any building or part thereof used for transaction of business for keeping of accounts and records or for similar purposes; such buildings shall include offices, banks, professional establishments and court houses, for the principal function of transaction of public business and keeping of books and records, and shall also include office buildings (premises) solely or principally used as an office or for office purposes. Explanation : (i) The expression "office purpose" shall include the purpose of administration and clerical work (including telephone/telegraph and computer operating), and (ii) The expression "clerical work" shall include writing; bookkeeping, sorting papers, typing, duplicating; punching cards or tapes, machine calculating, drawing of matter for publication, and editorial preparation of matter for publications; (f) "Mercantile building" means, any building or part thereof used as shops, stores or markets for display or sale of merchandise and providing services, for office-storage or service facilities incidental to the sale of merchandise and/or services located in the same building; such building shall include establishments, wholly or partly engaged in wholesale trade, warehouses, and establishments engaged in truck transport (including truck transport booking agencies) and shall also include ATM Space, Hyper Market, Safe Deposit Vault and other similar uses. (i) "Mercantile building (retail)", that is to say, any building or part thereof used principally as shops, stores or markets for display of merchandise for retail sale thereof or for office and storage of service facilities incidental thereto; (ii) "Mercantile building (wholesale)", that is to say, any building or part thereof used principally as shop, store or market for display of merchandise for sale thereof on wholesale basis, or for office and storage or service facilities incidental thereto, and shall include establishment, wholly or partly engaged in wholesale trade, manufacturer's wholesale outlets including related storage facilities, warehouses and establishments engaged in truck transport (including truck transport booking agencies); (g) "Industrial building" means, any building or structure or part thereof in which products or materials of all kinds and properties are fabricated, assembled or processed as in assembly plants; such buildings shall include laboratories, power plants, smoke houses, refineries, gas plants, mills, dairies, factories, workshops, automobile repair garages, and printing press; (h) "Storage building" means, any building or part thereof used primarily for the storage or sheltering of goods, wares or merchandise as in warehouses, such building shall include cold storage's, freight depots, transit sheds, store houses, public garages, hangars, truck terminals, grain elevators, barns and stables; (i) "Hazardous building" means, any building or part thereof used for the storage, handling, manufacture or processing of highly combustible or explosive materials or products which are liable to burn with extreme rapidity or which may produce poisonous fumes or explosions during storage, handling, manufacture of processing or which involve highly corrosive, toxic or noxious alkalis, acids or other liquids or chemicals producing flames, fumes, explosions or mixtures of dust which result in the division of matter in to fine particles subject to spontaneous ignition; (j) "Buildings with Mixed Occupancies" shall mean those buildings in which more than one compatible occupancy are present in different proportions thereof: and shall follow Mixed Use Rules in the matter of means of access, occupancy distribution, permissible use of open space, FAR, car parking, and height of building for the purpose of this "Building Rules". The building or buildings will be treated as Mixed Occupancy Group only if the aggregate of other use group is exceeding 25% or in other words predominant use is less than 75%; (k) "IT/ITES Building means, any building or part thereof used for IT/ITES purposes as stipulated in sub-section (2) of section 102B. Part II --------- Building in areas other than municipalities in hill areas ### 3. Criteria of using a piece of land as a building site (1) No piece of land shall be used as a site for the erection, re-erection, addition to, 'or alteration of, any building except in accordance with the provisions of the Act and these rules. (2) If any question arises as to what, for the purposes of the Act, shall be deemed to be the site for erection, re-erection, addition to or alteration of, any building, the Municipal Authority shall determine the same and his decision shall be final. (3) No piece of land shall be used as a building site in Municipality unless the Board of Councillors is satisfied that, (a) land record is in conformity with the proposed construction; (b) the level of the land is not lower than the level of the crown of the nearest public street; (c) the land is capable of being well-drained by means of drainage facilities leading to existing public drains or drainage channels; (d) the soil of the building site is likely to sustain the construction of a building thereon; (e) where the site is within 5.00 metres of any side of a tank, the owner will take such measures as shall prevent any risk of drainage from such building passing into the tank; Explanation. "soil' shall include rocks, boulders, laterite. (4) No piece of land in the municipal area, located in a sinking zone or central business area, as determined by the Board of Councillors, shall be used as a building site without prior approval of the State Government; Provided that for construction of any building on any building on any piece of land in the municipal areas of the hill areas, prior testing of soil by a Government recognised testing organisation, in respect of land shall be made. (5) No piece of land where a closed, sick or other industry was located or is in operation, shall be used as a site for construction of any building, other than an industrial building, without the prior approval of the competent authority appointed under clause (d) of section 2 of the Urban Land (Ceiling and Regulation) Act, 1976 (33 of 1976). (6) The site shall abut on a street or projected street and there shall be access from any such street by any passage appertaining to such site. (7) If in the opinion of the Municipal Authority it would be unsafe to construct a building on any piece of land, the Municipal Authority may prohibit any construction thereto. ### 4. Applications for approval of building sites and for permission to construct or reconstruct buildings other than huts. (1) Before submission of the building plan, approval of the building site has to be obtained from the municipal authorities. The applicant may simultaneously submit the site plan and the building plan to the Municipality for approval at his own risk- and cost. But the Municipality shall consider the building plan submitted for approval only after the site plan is approved. In case the site plan is not approved, the submitted building plan shall also be treated as not approved. (2) Every application, under sub-rule (1) submitted in Form A, shall state, inter alia, the proposed use of the land as per use group or occupancy. (3) Every application, under sub-rule (1), shall be accompanied by a site-plan in triplicate and a fee as may be determined by the Municipality subject to the following : (i) for site plan up to 200 sq. metres of area : Rs. 200/- (Rupees two hundred only); (ii) for every additional 100 sq. metres of areas or part thereof beyond the first 200 sq: metres: Rs. 100/- (Rupees one hundred only); Provided maximum fees not exceeding five times the minimum fees as specified, may be determined by the Board of Councillors at a meeting. Note. The site plan shall be drawn to the scale of not less than one centimetre to six metres and shall be signed by the applicant and by the Licensed Building Surveyor, Architect or Structural Engineer as required for under rule 15 with a certificate to the effect that the site has been inspected personally and the structural design including that of foundation has been made on the basis of recommendations or findings of the Geo technical Engineer. (4) Every site-plan, under sub-rule (3), shall show or state on the body of the drawing showing the site-plan, the following (a) the boundaries of the site and of any contiguous land belonging to the owner thereof with number assigned to plot or premises; (b) the position of the site in relation to neighbouring streets with dimensions; (c) the name of the street on which the site abuts; (d ) the position of the building and of all other buildings including existing buildings, if any, which the applicant intends to erect upon his contiguous land referred to in clause (a) in relation to (i) the boundaries of the site and, in case where the site has been sub-divided, the boundaries of the portion owned by the appli-cant and also the portions owned by the other owners, and (ii) all adjacent streets, buildings and premises within a distance of 12 metres of the site and of the contiguous land, if any, referred to in clause (a): (e) the use or occupancy of all the buildings; (f) the direction of North point; (g) the means of access from the street to the building, and to all other buildings. if any, which the applicant intends to erect upon his contiguous land referred to in clause (a); (h) the schematic position and approximate height and the number of storeys of all other buildings within 12 metres of the site, (1) the free passage or way in front of the building; (j) the width of the street (if any) in front and at the rear of the building; (k) the means of drainage of the proposed building leading to existing public drains or drainage channels with their location in relation to the site; (l) the means of drinking water supply to the proposed building indicating the source and the distance from the site including the route through which the pipeline will be laid, if piped water supply is envisaged; (m) the means of power supply to the proposed building on the site, indicating the route through which power supply will be achieved; (n) areas of distress; (o) Such other particulars as are necessary under these rules as may be specified by the Board of Councillors; (p) the location of power line, water line, sewer line, natural drainage channel, jhora, road side drain, protective works. (5) In case of a promoter submitting site plan or building plan for approval, all provisions made in the West Bengal Building (Regulations for Promotion of Construction and transfer by Promoters) Act, 1993 (West Bengal Act No. 20 of 1993) shall apply ### 5. Further information required to be submitted by applicant. Within fifteen working days from the date of receipt of an application for approval of building-site, the Municipal authority may require the applicant (a) to furnish him with any information on matters referred to in these rules which has not already been given in the documents thereunder; or (b) to satisfy him that there are no objections which may lawfully be taken to the approval of the site. ### 6. Incomplete or defective information. (1) If any information or document required under these rules is, in the opinion of the Board of Councillors, incomplete or defective, he may, within fifteen working days from the date of receipt of the same, require further information or documents to be furnished. (2) If any requisition made under these rules is not complied with within one month, the application for approval of the building-site may be refused. ### 7. Signature on approved site-plan. When the competent authority has approved any site plan, the approved plan or plans shall be signed by such officer as may be authorized in its behalf and in such manner as may be directed and two copies of approved site plan will be returned to the applicant. ### 8. Control of development of parks, public open spaces, ponds, wetlands, canals, river and other water front and brick fields. (1) For the purpose of these rules, public open space shall mean any open space which is open to the use for enjoyment of the public, whether it is actually used or enjoyed by the public or not and whether the entry is regulated by any charge or not. (2) (a) Parks and public open spaces shall be classified for the purpose of these rules into three following groups ; (i) the parks and public open spaces with area up to 1500 sq.m. shall be termed as small parks and public open spaces; (ii) the parks and public open spaces with area more than 1500 sq.m. but up to 7000 sq.m. shall be termed as medium parks and public open spaces; (iii) the parks and public open spaces with area more than 7000 sq.m. shall be termed as large parks and public open spaces. (b) The structure above ground level shall be subject to the following provisions No structure other than the following shall be permitted in parks and public open spaces (i) statue of public interest; (ii) structure related to play equipments and fixtures; (iii) structure related to public amenities provided that the height of such buildings shall not exceed 4.00 metres and that total area covered by such building shall not exceed 10% of the total area of the parks and public open spaces, 5% in the case of medium parks and public open spaces and 3% in the case of large parks and public open spaces. Note. For the purpose of calculation of total area of parks and public open spaces as aforesaid the area of water body, if any, shall be excluded. (c) The underground structure shall be subject to the following provisions: (i) no underground structure shall be allowed in small and medium parks and public open spaces; (ii) in large parks and public open spaces underground structure for amenities or parking facilities may be allowed, provided such structure shall not affect the environment or create traffic problem. (3) No canal, pond, water body, wetland, rivulets, jhora, water source, natural spring, streams, drains, culverts shall be filled up : Provided that after taking due consideration of the existing relevant Acts, the drainage, slope, slip, landslide, ecology, culture, environment, pisciculture, fire fighting or any other material consideration, and for reasons to be recorded in writing the Board of Councillors with the prior approval of the State Government, may allow any canal, pond, rivulets, streams, rivers, Hood plain area to be filled up. (4) (a) the maximum permissible height of a building in such zone shall be 5.00 metres. In the case of a building in the river zone (within 15 metres from river bank) or other water fronts of large water bodies (more than 1000 acres). (b) In the case of a building on stilts, the maximum permissible height of the building shall be 6.50 metres including the silts, the minimum height of which shall be 3.00 metres. In such building, the stilted portion shall not be allowed to be walled up or covered along the sides; (c) no building shall be more than 20.00 metres long alongside the river or other water fronts. There shall be a clear linear gap between the two buildings alongside the river or other water front as per following : (i) 30 metres in case the river width is more than 75 metres; (ii) 20 metres in case the river width is between 50 and 75 metres; (iii) 15 metres in case the river width is less than 50 metres; (d) the maximum permissible covered area of such building shall be 200.00 sq. metres; (e) the structures for recreational purpose conforming to this sub-rule may be permitted within the adjoining land. (5) Existing brick fields shall be allowed to be continued as brick fields within their own boundaries. After being declared as abandoned, the excavated portions shall have to be maintained by the owner at his cost as water bodies where pisciculture or any type of recreational activity may be allowed. ### 9. Sub-division of plots in areas other than municipalities in hill areas. (1) No sub-division of any plot within the municipal area shall be undertaken without the prior approval of the Board of Councillors. (2) (a) A plot to be sub-divided shall be termed as "mother plot"; (b) sub-division may not be allowed if the "mother plot" abuts a means of access having a width of less than 3.50 metres for plains; (c) every individual plot obtained by sub-division of the "mother plot" shall abut a means of access having width of not less than 3.50 metres; (d) the junctions of means of access within the "mother plot" shall be provided with splayed corners measuring not less than 2.50 metres on each side; Note.Clauses (a) to (d) shall not apply to a scheme for Economically Weaker Section and Low Income Group Housing approved by the Government, and Salt Lake Township; (e) sub-division may be allowed on the condition that the following facilities shall be provided by the owner at his own cost to the satisfaction of the Board of Councillors : (i) drainage facilities with pucca drain ensuring drainage of each individual plot and of the means of access and passages leading to existing public drains or natural drainage channels; (ii) all weather means of access and related protective works, if necessary, along with street lighting; (iii) streets and passages along with street lighting; (iv) sanitary facilities including garbage disposal facilities; (v) water supply facilities; (f) no permission for sub-division of a plot of land shall be granted unless each sub-divided plot is at least 80 sq. metres in area with minimum width of 6.0 m; (g) no sub-division of a plot shall be granted unless a detailed layout plan of the area proposed to be sub-divided is submitted before the Municipality duly integrating the site layout plan with the general use of the land in the adjoining areas. The existing street pattern as also the other physical infrastructural facilities like drainage, sewerage, water supply, electricity supply with location of high tension or low tension electric line with poles are also required to be shown. (3) The maximum permissible length for the means of access shall be as given in the following table : Maximum length of the means of access \| \| \| \| \| --- \| --- \| --- \| \| Width of means of access \| For means of access closed at one end \| For means of access open to street at both ends \| \| (i) \| 3.50 metres and above but not more then 7.00 metres \| 25.00 metres \| 75.00 metres \| \| (ii) \| Above 7.00 metres but not more than 10.00 metres \| 50.00metres \| 150.00 metres \| \| (iii) \| Above 10.00 metres \| No restriction \| No restriction \| (4) For "mother plot" measuring more than 5,000.00 sq. metres in area, sub-division may be allowed, provided eight per cent of the total area of the "mother plot" is developed as public open space. The width of each such open space shall not be less than 10.00 metres and each such open space shall abut a street having a width of not less than 7.00 metres. The minimum area of each such open space in one parcel shall be 400 square metres. This open space shall be in addition to the land required for providing the means of access to the individual plots obtained by sub-division of "mother plot". (5) For "mother plots" measuring more than 25,000.00 sq. metres in area, sub-division may be allowed, provided seven per cent of the total area of the mother plot is reserved for use for facilities like school, health centre, market, police outpost, milk booth, post office, power sub-station, transport terminal, tree cover, rain water harvesting, sewage recycling, water treatment plant, sewage treatment plant and the like. Such land shall abut a street having a width of not less than 10.00 metres in addition to the land necessary for means of access and for open spaces mentioned in sub-rule (3). ### 10. Masonry building not to be erected without special permission in certain cases. (1) Save with the special permission of the Board of Councillors, no building, other than a hut, shall be erected unless (a) the site of such building abuts on a public street or a projected public street or a private street duly sanctioned and constructed in accordance with the provisions of the Act or any other law in force immediately before the commencement of the Act; or (b) there is access to the building from any such street by a passage or pathway appertaining to such site, and not less than 2\_40 metres wide at any part. (2) No building shall be erected so as to deprive any masonry or framed building of the appropriate means of access. (3) The following buildings shall be exempt from the operation of this rule : (a) any building erected or intended to be erected by or with the sanction of the competent authority for use solely as a temporary hospital for the reception and treatment of persons suffering from any infectious or contagious disease; (b) any hoarding or like means of protection (other than a masonry wall) which the owner of any premises certifies to the competent authority, not less than seven days after erection, to have been erected for the purpose of preventing threatened acquisition of any easement over his own premises or any portion thereof, provided the stability of such hoarding or other means of protection is certified by the competent authority. B. Submission of Building Plan ### 11. Application to the Board of Councillors with a building plan for permission; to erect a new building or to make addition or alteration to a building. (1) No person shall erect a new building. or re-erect or make addition to and/or alteration of any building or cause the same to be done without first obtaining a sanction in the form of a Building Permit from the E3oard of Councillors under these rules. (2) Notwithstanding the provisions of sub-rule (1), no Building Permit shall be required subject to consideration of structural safety of the said building as well as adjoining structure at the responsibility of owner and further subject to prior intimation to the Municipal Authority for, (a) erection, re-erection, addition to, or alteration of (i) an internal partition wall which does not violate any of the provisions of the Act or these rules, or (ii) a parapet wall or a cornice or chajja within the boundaries or the site are not overhanging a street, so, however, that the total height of the parapet wall shall not be more than 1.50 metres and width of the cornice or chajja shall not be more than 50 centimetres; (b) repairing of a staircase or lift-shaft; boundary wall; (c) white washing or painting; (d) reflooring of the surface of an existing floor; (e) re-construction of an existing damaged roof without changing the character and dimension of such roof; Provided that no such work as is referred to in clauses (a) and (c) shall be undertaken without giving the Board of Councillors fifteen days notice in writing stating the nature of work proposed to be undertaken; (f) erection of a false ceiling in any floor for air-conditioning, lighting or decorative purpose; (g) plastering and patch work; (h) providing or closing, an internal door or window, or a ventilator, not opening directly opposite a door or a window of another building; (i) replacing of fallen bricks, stones or repairing of damaged pillars or beams; (j) repairing or renewing existing plumbing services; (k) carrying out such other work as is necessary in the opinion of the Board of Councillors, for reasons to be recorded in writing, to maintain the building in a condition of good repair or to secure it to prevent danger to human life. (3) Every person intending to erect a new building or to make addition and/or alteration to any building, shall apply for sanction giving notice in writing in Form B attached to this rule along with the following (a) the Application shall contain, in addition to the notice as aforesaid, all declarations, indemnities, which the applicant has to comply with under the building rules, the duties payable under the Indian Stamp Act, in its application to West Bengal, on the various declarations, indemnities; (b) copies of documents showing that the applicant has exclusive right to undertake such works; (c) duly authenticated copies of receipts showing payment of tax to the Municipality for the quarter previous to the date of the application in respect of the land, building or portion thereof upon which the building is proposed to be erected, re-erected, added to or altered and a declaration from the Municipality stating that there is no arrear dues payable to the Municipality; (d) a declaration, stating the name, address and other particulars of technical personnel as the case may be, along with their consent who are engaged as per rule 15; (e) requisite number of copies of the drawings as stipulated in rule 12; (f) (i) certified copy of the approved site plan; (ii) certified copy of the reports of tests for stability of slopes and for soil as per requirements in rule 3 and such test report shall also indicate the maximum load that can be transferred to the soil of the particular site safely; (g) in the case of steel towers, the authenticated copy of the relevant license issued by the Government of India or the State Government. (4) In the case of site or plot measuring 500 square metres or above, covered by the Urban Land (Ceiling and Regulation) Act, 1976 (33 of 1976), the notice shall be accompanied by a no objection certificate" from the competent authority, appointed under clause (d) of section 2 of the said Act, to the effect that there is no objection in respect of transfer of the site or plot under sub-section (3) of section 5 of that Act; Provided that the requirement as aforesaid shall be deemed to have been waived on the failure of the competent authority to furnish the certificate within three months from the date of reference to it. (5) In case the intended use of the proposed building or part thereof is such that a license or permission is required from Government or any statutory body under any law for the time being in force, the necessary permission or license shall have to be obtained prior to use of such space and by virtue of the sanction the application will not have any automatic right of such use nor the sanction will have any overriding effect on any other law or statute in force. (6) The notice shall, where necessary, be accompanied by, (a) documents, namely Clearance Certificate or Permission or Observation or No Objection certificate, as the case may be, as may be required for obtaining sanction of the building plan; (b) certified copy of the registered deed of gift for gifting the land to the Municipality, where necessary; (c) a composite declaration of the applicant in the form (7) (a) All the building plans, enclosures and statements shall be signed by an Architect or a Licensed Building Surveyor, a Structural Engineer, and a Geo-technical Engineer as the case may be, and also by the person intending to erect, re-erect, or alter the building; (b) An undertaking that the work of erection, re-erection or alteration will be planned, designed and supervised by an Architect or Licensed Building Surveyor, a Structural Engineer and a Geo-technical Engineer, as the case may be, as required under these rules; (c) an undertaking that no building materials shall be deposited in any street except with the prior written permission of the Municipal Authority and on deposit of fees for stacking material as specified in rule 25 of these rules, the same will be stacked only at a place as may be directed by the Municipality. (8) In a case involving pile work, deep foundation work or construction of basement or any other underground structures, including superstructure, the notice shall be accompanied by an Indemnity Bond. (9) The notice shall be accompanied by two sets initially of (a) key (Location) Plan :The Key Plan drawn to a scale of not less than 1 : 4000 shall show the boundary of the location of the site with respect to neighbourhood landmarks and public streets; (b) site plan; (c) building plan (Architectural); and (d ) specifications. Note. Four number of sets, as may be required, along with structural plan, design calculation as well as Geo-technical report, if applicable, shall be submitted for record before issuance of formal sanction. (10) The applicant shall, prior to the sanction of the building plan, be required to produce the originals of all the documents duly authenticated copies of which have been enclosed with the notice, for scrutiny. (11) The applicant shall also indemnify the municipal authorities for any action, suits, proceedings, claim of damages by any third party, or tenant. Further in case the boundary and site plan is not mentioned in the title document submitted by the applicant in such event a deed of declaration along with boundary plan as well as detail of the boundary along with land area should be registered with the concerned registration authority and the same should be submitted along with application. ### 12. Particulars to be furnished in, and with, an application. (1) Every application made under rule 11 shall be written on a printed form (to be supplied by the Municipality) and shall state the location of the site, reference number of approval of the site plan, the number assigned to the premises in the assessment book and its dimensions, and such other particulars as may be specified by the Board of Councillors. (2) All site plans, building plans, elevations and sections shall be on drawing sheets which shall be in any of the sizes specified in the table below : Table Drawing Sheet sizes \| \| \| \| \| --- \| --- \| --- \| \| Serial No. \| Designation \| Trimmed Size mm \| \| 1 \| A0 \| 990 x 1198 \| \| 2 \| A1 \| 594 x 990 \| \| 3 \| A2 \| 495 x 594 \| \| 4 \| A3 \| 297 x 495 \| \| 5 \| A4 \| 247 x 297 \| \| 6 \| A5 \| 148 x 247 \| (3) The plans may be ordinary prints of Ferro-paper or other paper or blue printed or generated print, but one set of such plans shall be blue printed. Prints of plans shall be in the manner specified in the table given below : Table \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| Sl. No. \| Item \| Site Plane \| Building Plan \| \| \| \| White Plan \| Blue Plan \| Ammonia Print \| White Plan \| Blue Plan \| Ammonia Print \| \| 1. \| Plot Lines \| Thick Black \| Thick Black \| Thick Black \| Thick Black \| Thick Black \| Thick Black \| \| 2. \| Existing Street \| Green Wash \| Green Wash \| Green Wash \| Green Wash \| Green Wash \| Green wash \| \| 3. \| Future Street if any \| Green Dotted \| Green Dotted \| Green Dotted \| Green Dotted \| Green Dotted \| Green Dotted \| \| 4. \| Permissible Building Lines \| Thick dotted Black \| Thick Dotted Black \| Thick Dotted Black \| Thick Dotted Black \| Thick Dotted Black \| Thick Dotted Black \| \| 5. \| Open Spaces \| No Colour \| \| 6 \| Existing Work \| Yellow \| Yellow \| Yellow \| Yellow \| Yellow \| Yellow \| Yellow \| Yellow \| Yellow \| Yellow \| Yellow \| Yellow \| \| 7. \| Work proposed to be demolished \| Yellow Hatched \| Yellow Hatched \| Yellow Hatched \| Yellow Hatched \| Yellow Hatched \| Yellow Hatched \| Yellow Hatched \| Yellow Hatched \| Yellow Hatched \| Yellow Hatched \| Yellow Hatched \| Yellow Hatched \| \| 8. \| Proposed Work \| Red filed in \| Red filed in \| Red filed in \| Red filed in \| Red filed in \| Red filed in \| Red filed in \| Red filed in \| Red filed in \| Red filed in \| Red filed in \| Red filed in \| \| 9. \| Drainage and sewerage work \| Red Dotted thin \| Red Dotted thin \| Red Dotted thin \| Red Dotted thin \| Red Dotted thin \| Red Dotted thin \| Red Dotted thin \| Red Dotted thin \| Red Dotted thin \| Red Dotted thin \| Red Dotted thin \| Red Dotted thin \| \| 10. \| Water Supply work \| Black Dotted thin \| Black Dotted thin \| Black Dotted thin \| Black Dotted thin \| Black Dotted thin \| Black Dotted thin \| Black Dotted thin \| Black Dotted thin \| Black Dotted thin \| Black Dotted thin \| Black Dotted thin \| Black Dotted thin \| \| 11. \| Deviations \| Red Hatched \| Red Hatched \| Red Hatched \| Red Hatched \| Red Hatched \| Red Hatched \| Red Hatched \| Red Hatched \| Red Hatched \| Red Hatched \| Red Hatched \| Red Hatched \| \| 12. \| Recreation Ground \| Green Wash \| Green Wash \| Green Wash \| Green Wash \| Green Wash \| Green Wash \| Green Wash \| Green Wash \| Green Wash \| Green Wash \| Green Wash \| Green Wash \| (4) The plans shall be coloured as specified in Table of sub-rule (3). (5) Building plans, elevations and sectional elevations shall be drawn to scale of 1 : 100 and 1 : 200 for Plans in case of sites whose area exceeds 2000 square metres. (6) The plans, sections (longitudinal and sectional) and elevations of building shall indicate and show : A. For buildings up to 14.5 m. height (a) the floor plans of all the floors including roof plan together with the covered area; (b) existing buildings and the basement plan, if any, the sizes of rooms and sizes and spacings of structural members and their materials; (c) the location of essential services, that is to say, water closet, sink, baths, septic tank and the like, and arrangement for drainage or sewerage and other waste water disposal including sewer connection, if any; (d) the sizes of footings, the thickness of basement walls, other walls. floor and roof slabs, the construction materials, sizes and spacing of framing members, floor to ceiling heights, parapet heights with their materials, taking at least one fully dimensioned section (both longitudinally and crosswise) through staircase, bath and water-closet as well as such other sections as would clearly indicate the details of architectural features, mezzanine floors, and lofts; (e) the front elevation and all other elevation from the abutting public streets; (f) the house drainage plan and site drainage plan up to nearest Municipal outfall or natural outfall; (g) the dimensions of all projected portions beyond the permissible building line; (h) the roof plan indicating the drainage and slope of the terrace; showing position of Rain Water pipes; (1) the plans and details of private water-supply and sewerage disposal system, if any; (j) (i) the details of breast wall, retaining walls or other protective measures, if any, which are required to be undertaken; (ii) no part of the proposed building shall be permitted to be erected directly over the retaining or other similar protective walls; (k) where structural design or soil stability and similar other tests are necessary for a building under any provision of these rules, the copy of details of reports and/or recommendations of soil stability or other tests and/or copy of details of calculations for structural design duly signed by the competent personnel as specified in rule 15 or rule 161 (for Municipalities in hill areas). B. For buildings exceeding 14.5 metres in height The building plan shall, in addition to the provision of sub-rule (1) also show : (a) special requirements as to access, circulation, building services and safety, human health and Fire based on occupancies or use group as laid down in National Building Code of India, and in the West Bengal Fire Services Act, 1950 (West Bengal Act No. 18 of 1950). (b) parking layout plan showing parking spaces, driveways together with ingress or egress arrangements; (c) width of main and alternate staircases along with balcony approach, corridor, ventilated lobby approach; (d) location and details of lift enclosures; (e) location and size of fire lift; (f) smoke-stop lobby or door, where provided; (g) details of exits including provisions of ramps in the case of hospitals and for special risks; (h) location of smoke exhauster and fan; (i) location of smoke exhauster in basement; (j) details of fire alarm network; (k) location of centralized control connecting the alarm system, built-in-fire protection arrangements and public address system; (l) location and dimensions of static water storage tank and pump room along with fire service inlets for mobile pump and water storage tank; (m) location and details of fixed fire protection installations such as sprinklers, wet risers, hose reels, drenches and carbon dioxide installation; (n) location and details,of first aid equipment; (o) special requirements, if any, of occupancies for residential building, educational building, institutional building, assembly building, business building, mercantile building, storage building, industrial building and hazardous building under these rules; (p) location for installation of a sub-station for electric supply, transformer, generator and switch gear room; (q) location of the air-conditioning plant room, if any; (r) plan for installation of boilers, if any; (s) refuse chutes and refuse chamber, if any; (t) location for signs and outdoor display structures, if any; (u) conveniences for physically challenged personnel. (7) Doors and windows schedule shall show sizes of doors, windows, and frames. (8) The plan in its headline shall indicate specifically, (a) the purpose of construction, (b) the name of the owner, (c) the name of the police-station, and (d) the name and jurisdiction list number of the mouza and cadastral survey or revisional settlement number of the plot or plots of the site, if required. (9) The nearest road of 3 metre width or more with the pathway connecting the road and the site should be shown in case of plot abutting roads less than 3 metre. (10) In case of addition, alteration or reconstruction of old buildings, which were constructed prior to enforcement of any building rules in the concerned area without the approval of any authority, in addition to the docUments, as stipulated in this rule, structural stability certificate as per provisions of sub-rule (1) of rule 170 shall be submitted with the building plan, and in all such cases the sanction shall be made as per the provisions of these rules. ### 13. Specification and other information to accompany the application with building plan. Every such application shall further be accompanied by a brief specification giving the following information : (a) the materials, and method of construction to be used for external walls, partition walls, foundations, roofs, floors, stairs, fire place and chimneys; (b) the manner in which roof drainage and house drainage and the surface drainage of the site will be disposed of; (c) the manner, if any, in which it is proposed to pave the court-yard and open spaces in the building or premises and the scope to which the surface is to be made in each case; (d) the means of access that will be available for removal of nuisance; (e) proposed occupancy or use of the building for ensuring conformity with the provisions of Chapter XIV of the Act; (f) the area of plot, area of the plinth of the proposed and existing buildings, if any, and the area of open spaces left; (g) the number and area of each tenement, the area put to different occupancy or use group in all the floors of the proposed building including the same for existing building, if any; (h) safety measures proposed to be taken during the construction of the building; (i) for buildings, other than residential and educational buildings, the means of ingress and egress of vehicles shall be indicated; (j) the position of water tanks with size which shall have to be constructed below the ground or just above; (k) the area of garage, if any; (l) number of flats proposed to be built in each floor and total number of flats, if any; (m) calculation of F.A.R.; and (n) an indemnity bond in Form I', in the case of building plans having provisions for deep foundation work, piling work, construction of basement or underground construction. ### 14. Preparation of plan and supervision of execution of work in areas other than Municipalities in hill areas. (1) Every person who intends to erect, re-erect or add to, or alter, any building shall get its plan prepared and structural work designed and supervised by an architect or structural engineer or licensed building surveyor as required under rule 15. While submitting the plan the architect or licensed building surveyor or structural engineer shall certify to the effect that the site has been personally inspected while planning the building and/or designing the structural members, as well as he has taken into account the findings of or recommendations of stability analysis as well as soil tests performed as and where necessary under this rule. (2) In all such cases, the licensed building surveyor, structural engineer or Geo-technical Engineer shall have to be empanelled with the Municipality. (3) The name, address and license or impanelment number of the person so employed and serial number or registration number in the case of architect shall be stated in the application in respect of such building. (4) In case of building plans or site plans submitted by the Central Government or the State Government or by organization controlled by the Central or the State Government, if the plans are prepared and submitted under the signature of the Government engineer or Architect, who are employees of the applicant organization, sub-rule (1) of this rule shall not be applicable Provided that the minimum qualification of the Government Engineer or Government Architect will be same as in the case of Architect or Licensed Building Surveyor, Empanelled Structural Engineer or Geo-technical Engineer. ### 15. Engagement of technical personnel in areas other than municipalities in hill areas. (1) Every person who intends to erect, add to or alter any building shall, subject to the provisions of the Act and these rules, engage, (a) for all buildings below 11.5 metre in height, a technical personnel not below the rank of a Licensed Building Surveyor for planning, design and construction of the building structure and the foundation; (b) for all buildings from 11.5 metre to 14.5 metre in height and/or for erection involving pile works, deep foundation works or construction of basement or any other underground structure thereto, a Licensed Building Surveyor and/or an Architect and a Structural Engineer, for planning, design and construction of the building including foundation; and (c) for all other buildings above 14.5 metre in height and/or for erection involving pile works, deep foundation works or construction of basement or any other underground structure thereto or separately, a Licensed Building Surveyor and/or an Architect, a Structural Engineer and a Geo-technical Engineer for planning, design and construction of building : Provided that the Licensed Building Surveyor, the Architect, the Structural Engineer and the Geo-technical Engineer will work in association with one another and they will be individually or collectively responsible for ensuring the safety of the building structure and its foundation. (2) In case of death, resignation or removal of Architect, Structural Engineer, Geo-technical Engineer or Licensed Building Surveyor, as the case may be, a fresh engagement shall be made forthwith and shall be notified to the Chairman of the Municipality. No work shall be carried out in the intervening period, if any. (3) The validity of any engagement made under this rule shall lapse, in the case of an Architect with lapse of validity or registration granted under the Architects Act, 1972, (2 of 1972), or in the case of a Structural Engineer and a Geo-technical Engineer, with the lapse of impanelment, or in the case of a Licensed Building Surveyor, with lapse of the validity of license. (4) A Licensed Building Surveyor shall have (a) a minimum Bachelors' degree in Civil Engineering or Construction Engineering or Architecture from a recognised university or an equivalent engineering qualification recognised by the Government and shall not have less than 2 years' experience in planning, design and execution of building works including sanitary and plumbing works related to buildings, or (b) a diploma in Civil Engineering or Architecture from a recognised university or an equivalent engineering qualification recognised by the Government and shall not have less than 5 years' experience in planning, design and execution of building works including sanitary and plumbing works related to buildings. ### 16. Duties and responsibilities of Architect and Licensed Building Surveyor. Duties of the Architect and Licensed Building Surveyor shall be as follows : (a) they shall be conversant with the provisions of the Act, these rules and all relevant rules and regulations made under the Act and shall prepare plans, sections, elevations and other structural details as per the provisions of these rules, (b) they shall prepare and submit all plans as may be necessary together with all documents and other details which are required to be submitted under these rules, (c) they shall comply with all requisitions received from the Municipal Authority in connection with the work under their charge promptly, expeditiously and fully. When they do not agree with such requisition, they shall state their objections in writing within the stipulated time, in default of which the plans and the notice shall be rejected, (d) they shall immediately intimate to the owners of the corrections or other changes they make on the plans, documents and details as per requisition from the Municipal Authority, (e) they shall not prepare and submit plans, if the same is intended to be executed in contravention of the provisions of the Act, (f) they shall give all facilities to the Municipal Authority to inspect and examine the work in progress, (g) they shall be held responsible for any work executed on site in contravention of the provisions of the Act, these 'rules or other relevant rules and regulations, (h) they shall not deviate or allow any deviation from the sanctioned plan in the execution of work at site except in accordance with the provisions of rule 31, (i) they shall submit the completion certificate and completion plan immediately after the work is completed, (j) they shall be deemed to have continued their supervision and control of construction of the building unless they have given notice in writing to the Municipal Authority that they have ceased to serve as the Architect or Licensed Building Surveyor for the building and shall be held responsible for the work executed up to the date of intimation, (k) the Municipal Authority shall exercise control over the action of any Architect or Licensed Building Surveyor, as the case may be, and may in the case of violation of any of the provisions of the Act and these rules (i) in the case of a Licensed Building Surveyor, suspend or revoke the license; (ii) in the case of an Architect, make a reference to the Council of Architecture for taking necessary action under the Architects Act, 1972. ### 17. Duties and Responsibilities of Structural Engineers. Duties and responsibilities of Structural Engineers shall be as follows : (a) he shall be conversant with the provisions of the Act and all relevant rules and regulations made under the Act and shall prepare structural designs and structural details as per the provisions of these rules, (b) he shall prepare and submit all such structural plans together with all documents, calculations in proper forms and other details including structural design of foundations, prepared in consultation with the Geo-technical Engineer, as are required to be submitted under these rules. (c) he shall comply with all requisitions received from the Municipal Authority in connection with the work under his charge promptly, expeditiously and fully. When he does not agree with such requisition, he shall state his objections in writing within stipulated time, in default of which the plans and the notice shall be rejected, (d) he shall immediately intimate the person, who has engaged him of the corrections or other changes, he makes on the structural plans, documents and details as per requisitions from the Municipal Author-ity, (e) he shall not prepare and submit the structural plans, if the same are found to be in contravention of the provisions of the Act, (f) he shall be responsible for full quality control of materials and workmanship at site and carry out necessary tests on materials used at site, conducted by recognized institutions or recognized organization. No completion certificate will be issued unless copies of such test reports are submitted by the structural engineer for departmental record along with the structural stability certificate of the building/s, (g) he shall give all facilities to Municipal Authority to inspect the work in progress, (h) he shall be held responsible for the structural design and execution of the same on site and for contravention of the provisions of the Act, these rules and other relevant rules and regulations relating to structural safety, (1) he shall not deviate or allow any deviation from the submitted structural plan in the execution of work at site, (j) the Licensed Building Surveyor, the Architect, the Structural Engineer and the Geo-technical Engineer shall work in association with one another and they shall be individually or collectively responsible for ensuring the safety of the building structure and its foundation, (k) he shall submit a certificate that the structure has been constructed as per submitted structural plans and the building is safe for occupation along with the application for completion certificate after the completion of the building, (l) he shall be deemed to have continued his supervision unless he has given notice in writing to the Municipal Authority that he has ceased to serve as the Structural Engineer for the work and submits a status report of the work completed under his supervision. He shall be held responsible for the work executed up to the date of intimation, (m) he shall forthwith inform the Municipal Authority as to the person who has engaged him under rule 15 of these rules. ### 18. Duties and Responsibilities of Geo-technical Engineers. Duties and responsibilities of Geo-technical Engineers shall be as follows : (a) he shall be conversant with the provisions of the Act and all relevant rules and regulations made under the Act and shall conduct soil investigation and submit report as per provisions of these rules, (b) he shall prepare and submit all such reports, calculation in proper forms recommending the size, shape and type of foundation confirming all relevant B.I.S. Codes and National Building Code of India, (c) he shall be responsible for the execution of the type of foundation as recommended by him and other relevant rules and regulations relating to the safety of the foundation of the structure, (d) he shall submit a certificate that the type of foundation of the structure has been constructed as per the recommendations made by him in the report and the building is safe in respect to its foundation along with the notice of completion of work up to plinth level, (e) the Licensed Building Surveyor, the Architect, the Structural Engineer and the Geo-Technical Engineer shall work in association with one another and they shall be individually or collectively responsible for ensuring the safety of the building structure and its foundation, (f) he shall be deemed to have continued his supervision unless he has given notice in writing to the Municipal Authority that he has ceased to serve as the Geo technical engineer for the work and submits a status report of the work completed under his supervision. He shall be held responsible for the work executed up to the date of intimation, (g) he shall forthwith inform the Municipal Authority as to the person who has engaged him under the rule 15 of these rules, (h) he shall comply with all requisitions received from the Municipal Authority in connection with the work under his charge promptly, expeditiously and fully. When he does not agree with such requisition, he shall state his objections in writing within stipulated time given by the Board of Councillors, in default of which the plans and the notice shall be rejected. ### 19. Time and manner of disposal of application under rule 11. Within sixty days from the date of receipt of an application with building plan, the Board of Councillors may require the applicant (a) to furnish it any information on matters referred to in these rules which has not already been given in the documents thereunder; or (b) to satisfy it that there are no objection which may lawfully be taken to the approval of the building plan. ### 20. Action to be taken while a building is under construction. One copy of the sanctioned building plan shall be kept at the site of the building at all times when building operations are in progress and such plans shall be made available at all such times for the inspection of the Municipality or of any officer authorised by it in that behalf. ### 21. Sanction of building and permission to execute work. (1) Within sixty days of the receipt of any application with building plan or of any information or documents which the Board of Councillors may reasonably require the applicant to furnish before deciding whether permission shall be granted to execute any work, the Board of Councillors shall, by written order (a) accord sanction, in Form 'C', to the building plan conditionally or unconditionally and to give permission to execute the work, or (b) refuse in Form 'D' on one or more of the grounds mentioned in section 210 to accord such sanction, or (c) accord sanction but impose conditions for permission to execute the work, or (d) accord provisional sanction under the proviso to section 210 : Provided that in the case of a provisional sanction, the applicant shall furnish a statement to the effect that, if he is unable to produce the license or permission as required, the provisional sanction shall be at his own risk and cost and shall not be made final and the occupancy certificate under sub-section (2) of section 212 shall not be issued in respect of the use which is affected by the provisions of section 210. (2) The Building Permit shall not be issued till a duly authenticated copy of a receipt showing payment to the Municipality of the Building Permit Fees payable under rule 24 or rule 100 of these rules for the sanction of the building, is produced before the Chairman-in-Council. ### 22. (i ) Building Permit (sanction for building construction plan). The Building Permit shall, in conformity with the provisions of the Act, clearly and specifically state the occupancy or use group for which the Building Permit is valid. In the case of a building which is intended to be erected at the corner of two streets, the Building permit shall specify the conditions imposed under clause (d) of section 213. The Building Permit shall, as required, specify the conditions imposed regarding use of inflammable materials, One set of the plan (along with another set of certified copy of plan) and specification submitted along with the notice duly countersigned by the Municipal Authority, shall be returned to the applicant along with the Building Permit. ### 23. Duration and expiry of sanction of building plan. (1) A sanction to erect a building accorded under these rules shall be valid for three years from the date on which it is sanctioned and may be renewed thereafter for a further period of two years on payment, in cash or bank draft, of such fee as may be determined by the Chairman-in-Council on the basis of rule 24, and on production of the previously sanctioned building plan. A building plan may be revalidated for a further period of 5 years only in case a building has been partly completed and occupancy certificate in terms of rule 34 has been issued as well as on production of the previous sanctioned building plan, the completion certificate and on receipt of fees subject to minimum of 25% and maximum of 50% of sanction for construction of building fee required to be paid as to be determined by the municipality from time to time. (2) The erection of a building or work shall be completed within the period specified by the Board of Councillors under section 211. ### 24. Fees for sanction of building plans. (1) (a) The Board of Councillors shall levy a fee for sanction of building plan at such rates, specified as following on the basis of the sanctioned total covered area in all floors : (i) for building work up to 30 sq. metres of total covered area in all floors.........Rs. 500/- (Rupees five hundred only) (ii) for every additional 10 sq. metres of covered area or part thereof beyond the first 30 sq. metres...........Rs. 75/- (Rupees seventy five only); However maximum fees not exceeding 5 times the minimum specified fees may be determined by the Board of Councillors at a meeting. (b) The rates as aforesaid shall be the basic rates and shall be applicable to Residential Buildings for own use Provided that for sanction of building plans for thatched buildings to be constructed with mud, mortar, and brick in slum areas a fee at the flat rate of Rs. 200/- (Rupees two hundred only) shall be levied. (2) The Board of Councillors shall levy the following fees, calculated on the basis of basic rates specified in sub-rule (1), for sanction of buildings plan other than plan for residential buildings for own use (a) In case of Apartment Residential Building other than self use of the applicant, double the basic rate shall be charged; (b) for Institutional Buildings, Assembly Buildings, Business Buildings and Mercantile Building, six times the basic rate shall be charged; (c) for Industrial Buildings, Storage Buildings and Hazardous Buildings, eight times the basic rate shall be charged; (d) in case of Charitable Institutional Building or Educational Building, not exceeding half the basic rate may be charged with the approval of Board of Councillors. (3) In the case of steel towers, the Board of Councillors shall levy fees at the rate of Rs. 10 per cubic metre of the volume of such towers. (4) The Board of Councillors shall levy a development fee subject to the maximum of 10% of the construction of the building, in additional to the fees specified in sub-rule (1) or sub-rule (2), as the case may be, for sanctioning the building plan of any building whose Floor Area Ratio has been calculated on the basis of a means of access which is a National Highway, State Highway or any such access having width of 15 metres or more ### 25. Stacking Fees. (1) The Municipality may specify rates at which Stacking Fee payable in respect of a permission for stacking. Depositing any building materials including building rubbish in any street shall be charged and different rates may be specified for different categories of streets subject to minimum 10% and maximum 50% of fee for sanction of the building construction per month. (2) The Stacking Fee payable in any case shall be calculated on the basis of the total area sanctioned in the building plan including basement, covered parking space, and mezzanine floor. (3) The Stacking Fee shall be paid along with the sanction fee prior to obtaining sanction of a building plan. (4) The Stacking Fee shall not be refundable under any circumstances. (5) For stacking of material on the road, applicant will have to take prior permission from the Municipality for stacking materials. The stacking fee will be applicable for all plots except those with land area more than 2000 sq.m., subject to an undertaking that the applicant will not stack any building material including excavated earth on the Public Road. ### 26. Signature of approval plans. When the Board of Councillors has given permission to execute any work, the approval plans of the work shall be signed by such officer as may be authorised in its behalf and in such manner as he may direct and one set of approved plan and one set of certified copy of the approved plan shall be handed over to the applicant. ### 27. Retention of plan and submission of fresh applications. When sanction to erect a new building (other than a hut) is refused (a) the Board of Councillors shall retain two copies of the plan and shall, without charge, furnish the applicant with its reason for such refusal in writing; and (b) the applicant may, at any time, thereafter, send to the Board of Councillors a fresh application and fresh or modified documents under these rules with the object of meeting the objections for which such sanction was refused. C. Commencement of Work ### 28. Notice to the Board of Councillors before commencement of work. (1) Not less than seven days before any person commences to erect or re-erect a building, the owner of the building shall send to the Chairman a written notice, in Form 'E', specifying the date on which he proposes to commence the work. (2) From the date of commencement up to the date of issue of occupancy certificate the applicant shall keep at the site copies of one set of plans and specifications and any provisions thereof as returned to him by the Municipal Authority along with the building permit and shall also exhibit at a conspicuous place the number of the premises, the name of the Architect or Licensed Building Surveyor, as the case may be, the name of the owner and number and date of the building permit. Where any tests in respect of any material and/or works are made to ensure conformity with the requirements of these rules, copies of reports and records of the tests shall also be kept for inspection at the site. ### 29. Prohibition of work at night. No person shall without obtaining permission from the Municipal Authority, erect, re-erect, alter or add to a building or execute any work between the hours of sunset and sunrise. The authority shall check that such permission will conform to the permissible noise level as per norms laid down by the West Bengal Pollution Control Board. ### 30. Notice for completion of work up to plinth level. (1) After the completion of the structural work up to the plinth level or up to one metre above ground level, whichever is higher, the applicant shall give a notice to the Board of Councillors, in Form 'F', to enable him to inspect such work. (2) An Officer of the Municipality duly authorised in this behalf shall inspect the work at the site within fifteen days from the date of the receipt of the notice and within seven days of such inspection issue necessary direction, if any. ### 31. Deviations during construction. (1) No deviation from the sanctioned plan shall be made during erection or execution of any work. (2) Notwithstanding anything contained in sub-rule (1), (a) if during erection or execution of work any internal alteration within the sanctioned covered space which does not violate the provisions of the Act or these rules is intended to be made, the person referred to in sub-rule (1) of rule 11 shall inform the Board of Councillors by notice in writing along with a certificate from the Architect or the Licensed Building Surveyor, as the case may be, together with drawings incorporating the deviations and structural calculation in case of structural deviations, stating the nature and purpose of such deviations at least fifteen days prior to carrying out such erection or execution of work, and may proceed with the execution of such work subject to the condition that such deviations shall be incorporated in the 'Completion Plan' under rule 33; (b) if during the erection or execution of work any external deviation beyond the sanctioned covered space, either horizontal or vertical or both, is intended to be made and which does not violate the provisions of the Act or these rules, the person referred to sub-rule (1) of rule 11 shall, prior to carrying out such erection or execution of works, submit, in accordance with the provisions of these rules, a revised plan incorporating the deviations intended to be carried out, for obtaining necessary sanction therefor; (c) if total sanctioned building is intended to be shifted as a whole within the periphery of the boundary keeping mandatory open space within the rule, this can be permitted with prior notice to the Municipal Authority with a revised plan. After serving such notice the owners may be allowed to proceed with the work unless there is any objection from the end of the Municipal Authority within 15 days. ### 32. Demolition of unauthorized construction. (1) The Board of Councillors may order for demolition or alteration of any building, if it is satisfied that the erection of any building (i) has commenced without obtaining the sanction or permission of under the law, or (ii) is being carried on or has been completed otherwise than in accordance with the particulars on which such sanction or permission or order is based or after such sanction or permission has been lawfully withdrawn, or (iii) is being carried on or has been completed in breach of any provision of the Act or these rules or of any condition, modification, direction or requisition lawfully given or made under the Act or under these rules. (2) If any material alteration of, or addition to, any building has been commenced or is being carried on or has been completed in breach of any provision of the Act or these rules or if any alterations required by any notice issued under these rules have not been duly made, the Board of Councillors may, make an order directing that such erection, alteration or addition, as the case may be, or so much thereof as has been executed unlawfully, or if any structure specified in the application or plan or specification as a structure to be demolished or altered before the erection of the new building. has not been demolished or altered, or if any material alterations or additions have been made, such alterations or additions shall, (a) be demolished by the owner thereof or altered by him to the satisfaction of the competent authority, as the case may require; or (b) be demolished or altered by the competent authority at the expense of the said owner; (c) all demolished materials shall be removed by the Municipality at the cost of the owner or to the satisfaction of the Municipality within a maximum period of 30 days from the date of demolition; Provided that prior to carrying out any demolition of any building or part thereof as described in the notice, the owner of the building shall be given a notice stipulating therein the date and time to appear himself or through his authorized representative before the Board of Councillors, who will hear the circumstances under which such deviation unauthorized construction work has been carried out and after hearing record the order of the Board-of-Councillors and the said order shall be communicated to the owner officially. ### 33. Completion of work. Within one month after the completion of the erection of a building or the execution of any work, the owner of the building shall submit a notice of completion in Form 'G' as required under section 212 of the Act. In case of deviation as stated in clause (a) of sub-rule (2) of rule 31, the notice shall be accompanied by three sets of building plan marked `completion plan' with all revisions and modifications including those referred to in sub-rule (2) of rule 31. The plans shall be duly signed by the applicant and the concerned technical personnel specified in rule 15 Provided that for a residential building or educational building in any municipal area, excepting the Salt Lake Township, not exceeding 8.0 metre in height on a plot of 200 sq. metre in area, application of this rule may not be insisted upon but the owner will have to intimate in writing to the municipality about the completion of such building. Note.The notice shall be 'accompanied by a structural safety certificate duly signed by the Architect or Licensed Building Surveyor and/or Empanelled Structural Engineer, as the case may be, and wherever applicable shall be accompanied by (a) in the case of a building having more than three separate and independent residential units or apartments and all buildings other than residential buildings, a certificate from the Technical persons employed as per rule 15 that inside house drainage and water supply net work have been completed to the satisfaction of the Municipal Authority: (b) fire safety certificate, if applicable under the West Bengal Fire Services Act, 1950 (West Bengal Act No. 18 of 1950) and the rules made thereunder; (c) in the case of building referred to in clause (a), a certificate from the electric supply undertaking regarding provision to its satisfaction, of transformer, sub-station, ancillary power supply as required; (d ) a certificate pertaining to the lift installation, if any; (e) such other certificates or documents or declarations as are necessary under any law for the time being in force or as the Municipal Authority may, from time to time, specify in this behalf. ### 34. Occupancy certificate. (1) Within fifteen days of receipt of the notice of completion of building or work, the Board of Councillors or the authorised representative in this behalf shall inspect the building or work and shall satisfy itself or himself that the erection of the building or the execution of the work has been done in accordance with the sanctioned plan. (2) Within fifteen days from inspection, the Board of Councillors shall, if it is satisfied that the building or the work has been completed in accordance with the sanctioned plan, issue an occupancy certificate, in Form 'H' : Provided that such certificate shall not be issued in the case of a building or any work for which provisional sanction was given unless the applicant produces before the Chairman the license or permission required for sanctioned for construction of building : Provided further that the occupancy certificate shall be issued only after all the extra materials like sand, boulders, stone chips, cement, steel, bamboo, timber, lying on the public road have been removed by owner and the damages to public property, if any, has been made good by the owner with his own cost to the entire satisfaction of the Board of Councillors. (3) After due verification, one set of the building plan shall be returned to the applicant with the endorsement of approved completion plan under the signature of the Chairman or an officer authorised in this behalf. (4) The Board of Councillors may, upon a written request from an applicant and on his furnishing an indemnity bond undertaking to indemnify the Board of Councillors against any risk. danger or damage to any person, whether an occupier or not, and on his giving an undertaking to ensure, in such manner as the Board of Councillors may specify, public safety, issue a partial occupancy certificate, subject to the provisions of sub-rule (1) and the proviso to sub-rule (2) Provided that no partial occupancy certificate shall be issued unless the Board of Councillors is satisfied that the portion for which such partial occupancy is solicited is in a habitable condition Provided further that when the erection of the building or the execution of the work is completed within the period or the extended period provided for in the Act, the applicant shall apply for conversion of the partial occupancy certificate or issue of an occupancy certificate and such certificate may be issued in accordance with the provisions of these rules. (5) In a case where the occupancy certificate is refused, the Board of Councillors shall communicate the reasons in writing, to the applicant within thirty days from the date of receipt of the notice of completion of the work. (6) In case where, in the opinion of the Board of Councillors. the Building or the work has not been completed in accordance with the sanctioned plan, it may take necessary action in accordance with the provisions of the Act and these rules. (7) The Board of Councillors shall not permit connections to be made to municipal water mains and municipal drains, if any, from any new building in respect of which occupancy certificate has not been issued : Provided that the Board of Councillors may order severance of such connections if it is of the opinion that the conditions of the partial occupancy certificate are being violated or if further erection of the building or execution of the work is proceeding contrary to the sanctioned plan. (8) The Board of Councillors shall not permit connections to be made to municipal water mains, if any, from any new building in respect of which water connection fee, as may be specified by the Board of Councillors under the relevant rules, has not been paid in advance. (9) Tolerance Limit for architectural measurement before or after finishing works on the outer face of the wall at the ground floor level shall be 50 mm. ### 35. Delay in issue of occupancy certificate. (1) In case where, within a period of thirty days from the receipt of the notice of completion, the Board of Councillors fails to issue an occupancy certificate or to communicate refusal, the applicant may make a representation in writing to the Chairman. (2) The Chairman shall, after such enquiry as he may think fit, and after giving the applicant an opportunity of being heard, issue the occupancy certificate or communicate refusal of the same to the applicant within a period of thirty days from the date of receipt of the representation. ### 36. Prohibition of use of building without occupancy certificate. No person shall occupy or permit to be occupied a building erected or re-erected or altered under the Act in respect of which an occupancy certificate or a partial occupancy certificate under these rules has not been issued by the Board of Councillors. ### 37. Work subsequent to issue of occupancy certificate. If any re-erection or addition or alteration of a building in respect of which an occupancy certificate has been issued is intended, a fresh notice under the Act or these rules, as the case may be, shall be necessary. ### 38. Notice for covering up drains, etc. (1) Before proceeding to cover up drains or appliances connected with the drainage, the applicant shall give a notice to the Board of Councillors, in Form I, stating that such-drains or appliances are ready for inspection and shall specify the date and hour not being a date earlier than seven days from the date of the notice on which he will proceed to cover up such drains or appliances. (2) An officer of the Municipality duly authorised by the Board of Councillors in this behalf shall inspect the work at the site and, within three days of such inspection, issue necessary direction. if any. ### 39. Power of Board of Councillors to guard against accidents during construction or repairs. The Board of Councillors shall, so far as practicable during the construction or repair of any building, street, drain, water-supply line or other premises vested in the Municipality or in an owner, cause proper precaution for guarding against accident to be taken by shoring up and protecting the adjoining buildings, and shall cause such bar, chain or post as it shall think fit, to be fixed across or in any street to prevent the passage of any carriage, cart or other vehicle, or of cattle, and avert danger while such construction or repair is being carried on, and shall cause such construction or repair work in a street to be sufficiently lighted and guarded during the night. ### 40. Power of Board of Councillors to cause hoards or fences to be set up during construction, repair, etc. A person intending to construct or take down any building or any other structure or to alter or repair any other structure externally shall, if the position or circumstances of the work is or are likely to cause, or may cause obstruction, danger or inconvenience in any street, before beginning such work, (a) obtain beforehand permission in writing from the Board of Councillors so to do; and (b) cause sufficient hoards or fences to be put up in order to separate the area where the work is to be carried on, from the street, and shall maintain such hoards or fences standing and in good condition to the satisfaction of the Board of Councillors during such time as the Board of Councillors considers necessary for the public safety or convenience, and shall cause the same to be sufficiently lighted during the night and shall remove the same when directed by the Board of Councillors. ### 41. Power as to inflammable structures. (1) (a) The Board of Councillors may, by public notice, direct that within certain limits to be fixed by it, the roofs and external walls of huts or other buildings shall not be made or renewed with grass, mats, leaves or other highly inflammable materials without the consent of the Chairman in writing. (b) The competent authority may, at any time, by written notice, require the owner of any building, which has an external roof or wall made of such material as aforesaid, to remove such roof or wall within such reasonable time as shall be specified in the notice, notwithstanding that the public notice has not been issued or that such roof or wall was made with the consent of the competent authority on or before the issue of such notice. (2) The floors of the lobbies, corridors, passages and landings of a building other than residential or educational shall be constructed of incombustible materials; the doors shall be constructed of fire-resisting materials and the flights of stairs shall be constructed either of incombustible materials or fire-resisting material. (3) The following material shall, for the purposes of this rule, be deemed to be incombustible : (a) brick-work constructed of bricks, well-burnt, hard and sound, properly bounded and solidly put together with (i) mortar compounded of lime and sharp clean sand, hard clean broken brick, broken flint, grills or slag, well pulverised, or (ii) cement mixed with any of the materials mentioned in sub-clause (i); (b) granite or other stone which is suitable for building purposes by reasons of its solidity and durability; (c) slate, tiles, bricks and terracotta, when used for coverings or corbels; (d) flag-stones when used for floors over arches, if not exposed on the underside and if not supported at the ends only; (e) concrete, composed of broken brick, stone chippings or selected slag and lime, cement or calcined gypsum, when the concrete is used for filling in between joists of floors to a depth of not less than ten centimetres; (f) any combination of concrete, steel or iron or any other materials approved in this behalf from time to time by the Board of Councillors. Explanation. In this rule, the expression brick, lime or cement shall mean respectively such brick, lime or cement as conform to the standard and quality specified in this behalf in the latest edition of the National Building Code. (4) The following materials shall, for the purpose of sub-rule (2), be deemed to be fire-resisting, but not incombustible : (a) sal, teak, and other hard timber, when used for beams or posts or in combination with steel, the timber and the steel (if any) being protected by plastering in cement or other incombustible or non-conducting external coating; (b) in the case of staircases, sal, teak or other hard timber, not less than four centimetres thick; and (c) in the case of staircases, sal, teak or other hard timber, the treads and risers being not less than four centimetres thick. ### 42. The structural design. (1) The structural design of foundation, masonry, timber, plain concrete, reinforced concrete, prestressed concrete and structural steel shall be in accordance with the provisions of the latest edition of the National Building Code of India and relevant Codes of practice of the Bureau of Indian Standards meant for plain and/or hill areas, as provided in rule 86. Provided that for the municipal areas in hill areas, the structural design for all parts of the building shall be prepared taking into consideration the seismic factors in accordance with the relevant BIS Codes of Practice or Guidelines. (2) Unless otherwise specifically provided for in the Act or these rules, all materials and workmanship shall be of good quality, confirming generally to the accepted standard of the Public Works Department of the Government of West Bengal or Indian standard specification as included in the Part V on Building Materials and Part VII on Constructional Practice and Safety of the latest edition of the National Building Code of India. ### 43. Distance from electric lines. No building, or verandah, or balcony or projection in any building shall be permitted to be erected, re-erected, added to or altered, in any case where the distance between such construction and any overhead electric lines, in accordance with the provision of the Electricity Act, 2003 (36 of 2003), is less than that specified hereinafter : \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| \| \| Vertical Clearance \| Horizontal clearance \| \| (a) \| Low and medium voltage lines including service lines \| 2.5m \| 1.2m \| \| (b) \| High voltage lines up to and including 11,000 volts \| 3.7m \| 1.2m \| \| (c) \| High voltage lines above 11,000 volts and up to and including 33,000 volts \| 3.7m \| 2.0m \| \| (d) \| For extra high voltage lines beyond 33,000 volts \| 3.7m plus .3 for every additional 33,000 volts or parts thereof \| 2.m plus 0.3 for every additional 33,000 volts or parts thereof \| Note."m" indicates Metre. ### 44. Rat-proofing. (1) Every building or part thereof, designed or intended for use of dwelling, storage or sale of food stuff, shall conform to the requirements specified in sub-rules (2) and (3). (2) Every such building, unless supported on posts, shall have continuous foundation walls, extending from at least sixty centimetres below ground level, or shall have continuous floor of masonry or reinforced or other equal rat-proof material or materials as approved by the Board of Councillors. (3) All openings in such foundations or floors, windows and drains and all junctions between foundation walls and building walls shall be effectively rat-proofed, windows and doors shall be tight-fitting, other openings shall be securely covered with rat-proof screening or shall be tightly closed with metal sheeting, concrete or other equal rat-proof materials as may be approved by the Board of Councillors. Part III ---------- Means of access, open space and parking space ### 45. Rules for means of access in areas other than the Municipalities in hill areas. (1) (a) Every plot shall abut a means of access which may be a public street or private street or passage. (b) The relationship between the width of the means of access and the maximum permissible height of building shall be as indicated in rule 49. (2) The minimum width of means of access in respect of a new building shall be as follows : (a) no new building shall be allowed on a plot unless the plot abuts a street which is not less than 10.00 metres in width at any part, or there is access to the plot from any such street by a passage which is not less than 10.00 metres in width at any part : Provided that : (i) in case of a residential building with other occupancies, if any, of less then 10% of the total floor area of the building, the width of such street or passage shall not be less than 2.40 metres at any part, (ii) in case of a residential building with educational occupancy of 10% or more of the total floor area of the building, the width of such street or passage shall not be less than 7.00 metres at any part, (iii) in case of an educational building with residential occupancy the width of such street or passage shall not be less than 7.00 metres at any part, (iv) in case of an educational building with other occupancy or occupancies not being residential of less than 10% of the total covered area of the building the width of such street or passage shall not be less than 7.00 metres at any part; (b) Notwithstanding anything contained in clause (a), residential buildings up to a maximum height of 7.00 metres may be allowed on a plot abutting a means of access not less than 1.20 metres, provided such means of access is in long existence and is recorded in the settlement records and/or Municipal records accordingly. (3) Any building which in full or part is put to assembly occupancy for the purpose of theatre, motion picture house, city hall, skating rink, auditorium, exhibition hall or for similar other purposes shall not be allowed on a plot located within 50 metres of junction of two streets, the width of each of which is 15.00 metres or more. (4) Notwithstanding the provisions of these rules, in the case of any building which is intended to be erected at the corners of two streets, the Municipal Authority may in accordance with the provisions of the Act, place special conditions concerning exit or entry from any street. (5) Requirements of a private passage : Every means of access appertaining to a site shall be drained and lighted to the satisfaction of the Municipal Authority and. manhole covers or other drainage, water supply or other fittings laid in such means of access shall be flushed with the finished surface so as not to obstruct safe travel over the same. ### 46. Ground coverage in respect of buildings in areas other than municipalities in hill areas. (1) (a) The maximum permissible ground coverage for building, when a plot contains a single building, shall depend on the plot size and the use of the building as given in the table below : Table Maximum permissible Ground Coverage (Plot containing a single building) \| \| \| \| --- \| --- \| \| Type of building \| Maximum permissible ground coverage \| \| 1. \| Residential and educational: \| \| \| (a) Plot size up to 200 sq. metres. \| 65% \| \| (b) Plot size of 500 sq. metres; \| 50% \| \| 2. \| Other uses including mixed use. \| 40% \| (b) for any other size of the plot, in between the plot size of 201 to 500 square metres, the percentage of coverage shall be calculated by direct interpolation. (2) When a plot contains more than one building, the maximum permissible ground coverage for the building shall be as stipulated in rule 54. (3) For mercantile buildings (retail) and assembly buildings on plots measuring 5000 sq.m. or more, the additional ground coverage to the extent of 15% may be allowed for car parking and building services. The additional ground coverage of 15% will be exclusively utilized for car parking, ramps, staircase, lift for upper level car parking and for building services such as Air Conditioned plant room, generator room, fire fighting equipments, electrical equipments not exceeding 5% out of such 15% shall be used subject to compliance of other relevant building rules. ### 47. Addition of new plot. When one or more plots of land are added to one or more premises by way of amalgamation or otherwise, in that event the existing buildings on any plot/plots, if any, shall stand as authorized in case those are constructed in accordance with the building rules of the material time when the building/buildings was/were sanctioned. Addition, alteration to the sanctioned building or addition of a new building or new block on newly added land/lands may be permitted as per these rules considering amalgamated land to be a new plot. ### 48. Linking of two blocks. Notwithstanding anything contained in rule 51 if there are two adjacent plots or adjacent buildings of the same owner, gangways between two buildings may be permitted at any level subject to the condition that it does not obstruct movement of vehicles or fire vehicles. The minimum width of the gangway shall not be less than that of stairway and not exceeding 3.00 metres at any place. ### 49. Permissible height of building in areas other than municipalities in hill areas. (1) Height of a building shall be the vertical distance measured from the average level of the centre line of the adjoining street or passage on which the plot abuts to the highest point of the building, whether flat roof or sloped roof. (2) (a) The following appurtenant structure shall not be included in the height of the building : (i) stair cover not exceeding 2.40 metres in height; (ii) lift machine rooms as per the latest edition of the National Building Code: (iii) roof tanks and their supports, the height of support not exceeding 1.00 metre; (iv) chimneys; (v) parapet walls not exceeding 1.50 metres in height; (vi) ventilating, air conditioning and other service equipments; (vii) height above mid-point between eaves level and ridge-level; (viii) toilet at roof level up to a height of 3.0 mtrs. subject to maximum floor area of 3.00 sq.m.; (ix) garden cover with permeable material not exceeding 3.00 mtrs. in height; (x) equipments for communication such as Microwave Antenna, Towers. Dish Antenna as well as room for installing the said equipments or their support equipments subject to a maximum area of 20 sq. m. and further subject to permission of the same from Municipal Authority. (b) The aggregate area of the structures mentioned in clause (a) shall not exceed one-third of the area of the roof upon which these are erected; (3) The maximum permissible height of buildings on a plot shall be as given in the table below Table \| \| \| \| --- \| --- \| \| Width of means of access (in metres) \| Maximum permissible height ( in metres) \| \| (a) 2.40 to 3.50 8.00 (b) above 3.50 to 7.00 11.00 (c) above 7.00 to 10.00 14.50 (d) above 10.00 to 15.00 18.00 (e) above 15.00 to 20.00 24 00 (f) above 20.00 to 24.00 36.00 (g) above 24.00 \| 8 11 14.5 18 24 36 1.5 x (width of the means of access + required width of front open space) \| Note.- (i) There will be no restriction in height of buildings for plots abutting means of access above 10 mtrs in width subject to free gifting of strip of land as per prescribed street alignment. However, this increase in height as mentioned above shall be permissible provided the minimum area of the plot is 2500 sq.m. and minimum frontage of the plot abutting the main road is 30.0 Metres. (II) In case of such additional height by free gifting the strip of land as mentioned herein above, the applicant will get FAR of original road width only. However, the applicant will be given benefit of FAR and ground coverage of the portion gifted to the Municipality. Explanation.This table shall be read with rule 45. For height of building exceeding 14.5 metres, rule 53 shall be referred. (4) For any building to be erected or re-erected or added to in the vicinity of aerodrome, or which may affect the functioning of any microwave system for telecommunication purposes, the height of such building shall be governed by such rules or directions as may be made or issued in this behalf by the Central Government or any other concerned authority. (5) The Board of Councillors may, if necessary, restrict the height of building in any area within the municipal area, below the permissible height provided under sub-rule (3) of this rule for reasons to be recorded in writing. Part IV --------- Open space ### 50. Open spaces for building in areas other than municipalities in hill areas. (1) (a) Every room intended for human habitation shall but an interior open space or exterior open space or an open verandah open to such interior open space or exterior open space. Open spaces shall be areas forming integral parts of the plot at ground level and shall be open to the sky without any projection or overhang excepting cornices, chajjas or weather-shades of not more that 0.50 metre width; (b) Every building shall have exterior open space comprising front open space, rear open space and side open spaces. The minimum width prescribed for front open space, rear open space and side open spaces shall be provided along the entire front, rear and side faces of the building respectively. For this purpose the front of the building shall be that face of the building which faces the means of access of the building and the rear of a building shall be deemed to be that face of the building Which is farthest from the means of access. These provisions shall also be applicable to each individual building separately when a plot contains more than one building. In the case of a corner plot located at the crossing of more than one street or passage, the rear of the building shall be deemed to be that face of the building which is farthest from the widest of all such streets and/or passages; (c) Open spaces prescribing to one side cannot be taken for another side. No building shall at any time be erected on any open space prescribed in these rules for a building and form part of the site thereof, nor shall such open space be taken into account in determining the area of any open space required under these rules for any other building; (d) If the front open space is 3.00 metres or more in width a Gate Goomti shall not in any case exceed 3.00 sq. metres and the height of such Goomti shall not exceed 3.00 metres. The covered area of the Gate Goomti shall not be included in calculation of Ground Coverage. (e) For corner plots : In the case of any building intended to be erected at the corner of two streets, the authority in accordance with the provision of clause (d) of section 213, scrutinize every building plan, except the plan for a residential building, to be erected or re-erected on plot of land of 300 square metres or less provided the height does not exceed 12.5 metres and may accord approval; Provided that the corners of such plot are splayed off as under :- (i) in case of both the adjoining roads are below 3.5 m width and area of land is within 200 sqm., the corner of such plot shall be sprayed by 1.20 m x 1.20 m, (ii) in case any of the adjoining roads is of width 3.5 m and above, the corner of such plot shall be splayed by 2.50 m x 2.50 m. The land within the splayed portion shall be transferred to the Municipality by a deed of gift. However, area of land gifted to Municipality shall be considered for F.A.R. and Ground Coverage as applicable. (2) The minimum open spaces with respect to height and Category of buildings shall be as follows : (a) For residential use : \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| Height of building (in metre) \| Front open space ( in metre) \| Open space on side 1 (in metre) \| Open space on side 2 (in metre) \| Rear open space (in metre) \| \| Up to 8.0 \| 1.2 \| 1.2 \| 1.2 \| 2 \| \| Above 8.0 up to 11.0 \| 1.2 \| 1.2 \| 1.2 \| 3 \| \| Above 11.0 up to 18.0 \| 1.5 \| 3.5 \| 2.5 \| 4 \| \| Above 14.5 up to 18.0 \| 3.5 \| 5 \| 3.5 \| 5 \| \| Above 18.0 up to 24.0 \| 5 \| 6 \| 6.5 \| 7 \| \| Above 24.0 up to 36.0 \| 6 \| 6.5 \| 6.5 \| 9 \| \| Above 36.0 up to 60.0 \| 8 \| 8 \| 8 \| 10 \| \| Above 60.0 up to 80.9 \| 10 \| 15% of the3 height of the building \| 15% of the3 height of the building \| 12 \| \| Above 80.0 \| 12 \| 15% of the3 height of the building \| 15% of the3 height of the building \| 14 \| (b) For education use: \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| Height of building \| Front open space (in metre) \| Open space on side 2 ( in metre) \| Open space on side 2 ( in metre) \| Rear open space (in metre) \| \| Up to 11.00 (land area up to 500 square metre) \| 2 \| 1.8 \| 4 \| 3.5 \| \| Up to 11.0 metre (land area above 500.0 square metre) \| 3.5 \| 3.5 \| 4 \| 4 \| \| Above 11.0 metre up to 14.5 metre \| 3.5 \| 4 \| 4 \| 5 \| \| Above 14.5 metre up to 21.0 metre \| 5 \| 5 \| 5 \| 6 \| \| Above 21.0 metre \| 20% of the height of the3 building or 6.0 M, whichever is more \| 20% of the height of the3 building or 6.0 M, whichever is more \| 20% of the height of the3 building or 6.0 M, whichever is more \| 20% of the height of the3 building or 6.0 M, whichever is more \| (c) For Institutional, Assembly, Business, Mercantile and Mixed use building: \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| Height of building \| Front open space (in metre) \| Open space on side 2 ( in metre) \| Open space on side 2 ( in metre) \| Rear open space (in metre) \| \| Up to 11.00 (land area up to 500 square metre) \| 2 \| 1.8 \| 4 \| 3.5 \| \| Up to 11.0 metre (land area above 500.0 square metre) \| 3.5 \| 3.5 \| 4 \| 4 \| \| Above 11.0 metre up to 18.0 metre \| 3.5 \| 4 \| 4 \| 5 \| \| Above 18.0 metre up to 24 metre \| 5 \| 5 \| 5 \| 6 \| \| Above 24.0 metre up to 36.0 \| 6 \| 6.5 \| 6.5 \| 9 \| \| Above 36.0 metre \| 8 \| 9 \| 9 \| 10 \| (d) for industrial and storage Building: \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| Height of building \| Front open space (in metre) \| Open sapce on side 1 ( in metre) \| (open space on side 3 (in metre) \| Rear open space (in metre) \| \| Up to 11.0M \| 5 \| 4.5 \| 4 \| 4.5 \| \| Above 11.0M up to 18.0M \| 6 \| 6.5 \| 6.5 \| 10 \| \| Above 18.0M \| 6.0 or 20% of the height of the building whichever is more \| 6.0 or 20% of the height of the building whichever is more \| 6.0 or 20% of the height of the building whichever is more \| 6.0 or 20% of the height of the building whichever is more \| (i) Every residential building of height not more than 8.0 m on plot size not exceeding 65 sq. m in area shall have a minimum front space at ground level of 0.90 m. (ii) For plots of size not more than 65 sq. metres, minimum side open space of 0.9 metres may be allowed on each side, provided that the building height does not exceed 8.00 (eight) metres; (iii) Notwithstanding anything contained in clause (a) of sub-rule (2), the minimum distance across the side open space from every new building to an existing building with a door or window opening shall be 1.80 metres; (iv) In the case of a building more than 24.00 metres in depth on a plot abutting any street, a passage along the entire depth of the building shall be provided and the minimum width of such passage shall be 4.0 metres. (3) Interior Open Space. The interior open space shall be as follows : (a) For inner courtyard (i) in case the whole of one side or part of at least two sides of every habitable room is not abutting either the front open space, rear open space or side open spaces, it shall abut an interior open space. Interior open space at ground level shall be called courtyard. (ii) Any room which is separated only by a verandah from the interior open space shall be deemed to abut on such interior open space for the purpose of this rule. (iii) The minimum dimension of any side of every interior open space (e) at ground level all sides of which are enclosed by a building or part thereof shall be 30% of the height of the building or 3.0 metres, whichever is more (b) at any other level, all sides of which are enclosed by a building or part thereof shall be 30% of the height of the building or 3.0 metres, whichever is more, measured from the said level where interior open space is formed. (iv) Notwithstanding anything contained in these rules, if all sides of an interior open space is enclosed by a combination of higher and lower blocks of a building, the minimum dimension of such interior open space shall be governed by the height of lower block; Provided that in no case the covered area under such lower block shall be less than 25% of the total covered area of the concerned building constituting the interior open space. (v) For the purpose of this rule, if any interior open space or courtyard enclosed on three sides by a building or part thereof is meant to serve lighting and ventilation purpose to a part or whole of one side of one or more habitable rooms, the minimum width of such open space shall be 2.4 metres for buildings upto 14.5 metres in height, 3.5 metres for buildings above 14.5 metres upto 24.0 metres height, 5.0 metres for buildings above 24.0 metres upto 36.0 metres height, and 7.0 metres for all buildings above 36.0 metres height: Provided that the depth of such open space shall not exceed twice its width and the same may be reduced to 1.2 m if no habitable room, or balcony attached to the habitable room is facing the interior open space. However, in case the depth of such interior open space is less than the width, the same shall not be considered as interior open space but be called as Notch and the same will be permitted without any restriction. (vi) A ventilation shaft having no access to the same except through one door for service purposes shall not be treated as a courtyard if the area of such shaft is less than 20 square metres. (b) Ventilation Shafts for Kitchen or Toilet For ventilation of bathroom or water closet or if it does not open into the front open space; rear open space or side open space or an interior open space, it shall open into a ventilation shaft which shall not be less than the specification in Table 1 and Table 2 below : Table 1 \| \| \| \| \| --- \| --- \| --- \| \| Height of the building (in metrs) \| Minimum size of the ventilation shaft(in square meters \| Minimum width of the shaft(in Meters) \| \| Up to 11.0 \| 2.5 \| 1.2 \| \| Above 11.0 but less than 14.5 \| 5 \| 2 \| \| From 14.5 but less than 20.0 \| 6 \| 2.4 \| \| 20.0 and above \| 9 \| 3 \| Table 2 \| \| \| \| \| --- \| --- \| --- \| \| Height of the building (in metrs) \| Minimum size of the ventilation shaft(in square meters \| Minimum width of the shaft(in Meters) \| \| Up to 11.0 \| 2.5 \| 1.2 \| \| Above 11.0 but less than 14.5 \| 5 \| 2 \| \| From 14.5 but less than 20.0 \| 6 \| 2.4 \| \| 20.0 and above \| 9 \| 3 \| Provided that for any building with a height exceeding 20 metres, a mechanical ventilation system shall be installed in addition to the provisions of minimum ventilation shaft : Provided further that no chajja shall be allowed in any ventilation shaft : Provided also that no ventilation shaft may be required for fully air-conditioned building, or mechanically ventilated toilet, kitchen, bath and W.C. (c) If there be building other than boundary wall on not more than three sides of a building the minimum width of such courtyard shall not be less than 20% of the height of the building or 2.50 metres, whichever is more. (4) Joint Open Space. Subject to the provisions contained in this rule, the joint open space shall be provided in between two buildings, if the height of one of such building exceeds the height of 14.50 M whether belongs to the same owner or not, as follows : (I) 7.00 Mif height of both the buildings exceeds 14.50 M, (II) If one of the buildings exceeds 14.50 M in height (a) 4.50 Mif height of the other building is above 11.0 M but does not exceed 14.5 M, (b) 3.50 Mif height of the other building is above 8.0 M but does not exceed 11.0 M, (c) 3.00 Mif height of the other building does not exceed 8.0 M. Note. If any of the buildings has basement, the minimum Joint Open Space against the basement line shall be kept as 7.0 M. The rule of Joint Open Space shall not be applicable in case the adjoining structure is not exceeding 5.0 M in height. The Joint Open Space between two building may vary at places considering the variation of height of any of the buildings or both the buildings. (5) [ Open space norm for construction of dwelling houses for poor under various Government schemes : Notwithstanding anything contained in this rule, the open space norm stipulated in this rule shall not be applicable for construction of dwelling houses for poor slum dwellers under various programmes implemented by the Government of India or the State Government. The Municipality shall fix the open space norm under this sub-rule in consideration of the ground realities but subject to the provisions of the Act and rules made thereunder.] [Sub-rule (5) inserted by Notification No. 227/MA/0/C-4/3R-8/2002 (Pt-I), dated 9.4.2010.] ### 51. Exemption related to Open Spaces calculations. (1) Cornice, chajja or weather shade and all such features related to facade treatment such as fins, flower boxes, pilasters, column capitals, arches, pediments, trellises, ducts for encasing pipe lines, pipe supports and all such features used to enhance the aesthetic quality of a building (not more than 50 cm) shall be allowed to overhang or project over the said open space : Provided that such projections shall not be allowed at a height less than 2.5 metres over the ground level. Ducts for encasing pipe lines, pipe supports will however be allowed from the ground level without creating obstruction to the movement of vehicles or Fire Tender wherever applicable as per rule. (2) Sewer and its appurtenances, underground water reservoir, septic tank and ramp may be allowed to be constructed in the open spaces up to 60 cm above ground level provided that these do not obstruct vehicular movement. A canopy or canopies and/or a porch or porches each not exceeding 15 squares metres in area or one percent (1%) of the ground floor area whichever is higher, having a clear width of not less than 2.5 metres may be allowed at a minimum clear height of 2.5 metres from the ground level; Provided that requisite space for the movement of fire tender is left all round the building unobstructed by such canopies or porches. (3) Outdoor type transformer will be allowed to be installed in the mandatory open space provided it keeps clear minimum open space of 1.2 metre from the adjoining boundary line. While providing such space for transformer, a minimum open space of 4.00 M shall have to be kept to facilitate vehicular movement in cases wherever applicable as per rule. ### 52. Provision of parking space for a building within a plot in the areas other than municipalities in hill areas. (A) Minimum Parking Space : (1) No off-street parking space shall be less than (a) 12.5 square meters (2.5 meters in width and 5 meters in length) for a motor car, with a minimum head room of 2.2 meters if parked in covered area, (b) 37.5 square meters (3.75 meters in width and 10 meters in length) for a truck and bus with a minimum head room of 4.75 meters if parked in a covered area. (2) The minimum width of circulation driveway to be provided for adequate manoeuvring of vehicles shall be 4.0 mtrs. for cars and 5.00 mtrs. for trucks exclusive of parking space referred to in sub-rule (1). However, a projection from a height above 5.50 mtrs. from the ground level may be permitted keeping the mandatory open space open to sky as per this rule. (3) The parking layout plan shall be so prepared that the parking space for each vehicle becomes directly accessible from driveway or circulation driveway or aisles. However stack car parking arrangement will be allowed in such a way that every car can be moved by shifting not more than one car. This stack car parking will be allowed only on the basement and ground floor levels. (4) (a) For building with different uses, the area of parking space shall be worked out on the basis of respective uses separately and parking space to be provided for the total number of vehicle thus required. (b) In case of a plot containing more than one building, parking requirement for all buildings shall be calculated on the basis of consideration the area of respective use or uses. (5) Notwithstanding anything contained in sub-items (1), (2), (3) or (4) of this rule if the building site abuts on a street or means of access which is less than 3.5 meters, parking space may not be insisted upon. (6) In calculating the areas of different occupancies in the same building or different units of same occupancy in a building, the areas of common spaces of any floor which is included in the calculation of the Floor Area Ratio as per provision of these rules shall be distributed proportionately amongst the different units or occupancies. However, in case of residential use, the actual floor area of the tenements shall be considered excluding the areas of the common space. The requirements of car parking spaces shall be calculated accordingly. (B) Parking Space requirements for motor cars : (1) The parking space requirements for motor cars in respect of different categories of buildings are given in the Table below : Off-street Car Parking Space Table \| \| \| \| \| --- \| --- \| --- \| \| Sl. No. \| Occupancy \| Car Parking space Requirements \| \| I. \| Residential \| (a) One car parking space to be provided for every 150 sqm. Of floor area up to a total floor area of 600 sqm.(b) One car parking space to be provided for every 140 sqm. Of floor area above a total floor area of 600 sqm. Up to 5000sqm.(c) One car parking space to be provided for every 130 sqm. Of floor area above a total floor area of a 5000sqm.NoteI:-However for building or buildings having individuals tenements size not exceeding 60 sqm. In the entire buildings, one car parking space to be provided for every 250 sqm of floor area;II-For the purpose of calculations of number of car park nearest whole number is to be considered. \| \| II. \| Educational \| For all educational buildings, one car parking space and one bus parking space are to be provided for every 500 sqm of floor area and part thereof(exceeding 50%). However, at least on car parking space is to be provided for every educational buildings \| \| III. \| Institutional \| For hospitals and other health care institutions-(I) one car parking space for every 150 sqm of floor area is to be provided for a total floor area not exceeding 1000sqm. However, at least one car parking space is to be provided for such institution building.(ii) One car parking space for every 100sqm of floor area is to be provided for a total floor area exceeding 1000sqm (subject to a maximum of 250nos. Of car parking space). \| \| IV \| Assembly \| (a) For the ares, motion picture houses, auditorium or similar or similar other halls-One car parking space for every 75 sqm of floor area shall be required. However, at least one car parking space is to be provided for such buildings every having less than 75 sqm of floor area,(b) For Exhibition Halls, Town Hall or city halls and similar other halls -one car Parking space is to provided for such hall even having less than 200 sq.m. Of floor area. shall be required. However, at least one car parking space is to provided for such halls even having less than 200 sq.m of floor area,(c) For restaurant, eating houses bars, clubs, gumkhana, dance halls one car parking space for every 75 sq.m of floor area and/or part thereof (exceeding 50%). However, at least one car parking space is to be provided for such buildings even having less than 75sq. Metres,(d) For hotels – One car parking space for every 250 sqm of floor area and/or part thereof(exceeding 50%). However at least two car parking space is to be provided for such hotel buildings.:Provided that for Hotels with Banquet Hall for other facilities like conference, Marriage Ceremony and other public Gatherings one car parking space for every 50 sqm of such floor area of banquet Hall shall be required additionally:Provided further that while calculating the area of hotel to assess the requirements of car parking, area of banquet hall will not be considered.(e) For boarding house and guest house – One car parking space for every 500 sqm o9f floor area and/or part thereof (exceeding 50%). However, at least one car parking space is to provided for such houses.For other assembly buildings like place of worship, gymnasium, sports stadium, railway or bus passenger station, airport terminal;or any other places where people congregate or gather-requirement of parking space shall be determined by the Chairman-in-Council. \| \| V. \| Business \| One car parking space for every 100 sqm of floor area and/or part thereto (exceeding 50%) However, at least one car parking space is to be provided for such building. \| \| VI \| Mercantile(retail) \| (a) For floor area up to 50 sq.m – no car parking space.(b) For floor area above 50 sqm. -one car parking space plus an additional car parking space for every 100 sqm of the covered area. \| \| VII \| Industrial, storage and Mercantile \| (a) For floor area up to 200 sqm. - no9 car parking space. \| \| (wholesale \| (b) For floor area above 200sqm. - one car parking space for every 200 sqm. And one truck parking space for every 1000 sqm. Subject to a minimum of one truck parking space.In no case the required car parking space shall exceed 50 and the required truck parking space shall exceed 50: \| Provided that while calculating the floor area for the purpose of car parking space required, covered areas for car parking are not to be considered. (2) Notwithstanding the provisions of sub-item (1) this part the Chairman-in-council may in any area or ward or borough for the purpose of this rule, require additional parking spaces to be provided in such area (C) Parking spaces to be distinct: the open spaces required under rule 50 and driveway shall not be treated as parking space for the purpose of these rules. However open car parking may be allowed on the mandatory open space provided that a clear driveway of 4.00 mtrs. width is maintained. ### 53. Tall buildings (exceeding fourteen and a half metres in height). (1) i8n Municipality the building height shall not normally be more than 14.50 metres (fourteen and a half metres). But in the case of any building exceeding 14.50 metres in height, the Board of Councillors for reasons to be recorded in writing and with the previous approval of the Superintending Engineer of the Municipal Engineering Directorate, Government of West Bengal, having jurisdiction over the concerned municipal area may sanction those schemes as special cases if not otherwise covered by any law for the time being in force. (2) The Superintending Engineer will make his recommendation on the basis of Structural Stability Certificate given by the empanelled LBA or Structural Engineer or Geo-technical Engineer and he will also consult the Land Use and Development Control Plan, if any, of the concerned municipal area before giving such approval. In such cases, the following shall be applicable in addition to other rules under the Act. The certificate of structural stability is to be furnished in the following manner by the empanelled LBA, Structural Engineer and Geo-technical Engineer : Certificate of Structural stability We hereby certify that the foundation and superstructure of the building proposed for construction on plot.....................Street........................Ward No..........have been so designed by me/us will make such foundation and super structure safe in all respect including the consideration of bearing capacity and settlement of soil etc. .......................... Signature of LBA (Name, Address and Impanelment No.) ..................... Signature of Structural Engineer (Name, Address and Impanelment No.) ................................ Signature of Geo-technical Engineer (Name, Address and Impanelment No.) Note.All such technical personnel are required to be empanelled with the concerned Municipalities. In. case, the system of Impanelment has not been introduced in any particular Municipality, the requisite certificate from the empanelled Structural Engineer and Geo-technical Engineers under Kolkata Municipal Corporation or any other Municipality may be asked for. (I) No building exceeding fourteen metres and a half in height shall be allowed on private or public street of not less than 10.00 metres in width; (II) there shall be a minimum front open space for every category of tall building at its narrowest part, 'as per provisions of sub-rule (2) of rule 50; (III) there shall be a minimum rear open space for every category of tall building along the entire width of the building forming an integral part of the site, as per provisions of sub-rule (2) of rule 50; (IV) there shall be minimum open spaces on both sides for every category of tall building at its narrowest part, as per provisions of sub-rule (2) of rule 50; (V) (a) In case the whole of one side or part of at least two sides of every room excepting bath, water-closets and store-room, is not abutting either the front open space, rear open space or side open space, it shall abut an inner courtyard whose minimum width shall be 30% of the height of the building or 3 metres, whichever is more; (b) for ventilating water closet in bathroom, such water closet or bathroom or kitchen or any room not intended for human habitation, if not opening on to front open space, rear open space, side open space or interior open space, shall be opened up to a ventilation shaft, the size of which shall be as per provisions incorporated in Tables under rule 50; (VI) (a) for every building exceeding fourteen metres and a half, the Floor Area Ratio shall be as specified in the table below Maximum Permissible Floor Area Ratios \| \| \| \| \| --- \| --- \| --- \| \| Width of Means of Access (metres) \| Residential building \| Institutional business Building \| \| Commercial zone, if any \| Other zone \| \| Above 14.50 to 20.00 \| 2.25 \| 2.5 \| 2.25 \| \| Above 20.00 to 24.00 \| 2.5 \| 2.75 \| 2.5 \| \| Above 24.00 \| 2.75 \| 3.00 \| 2.75 \| (b) While calculating the floor area under this Chapter, the following shall not be included : (i) stair cover not exceeding 2.4 metres in height and stair case with landing up to the extent of the width of the stairway in each floor including ramp if there by any, ' (ii) lift machine room as per latest edition of the National Building Code. Lift Landing lobby with a maximum area of 6 sqm in all floors including roof, if any; (iii) roof tanks and their support, the height of support not exceeding 1 metre; (iv) chimneys, ventilating, air-conditioning and service equipment attached to the building : Provided that the aggregate area of these structures mentioned at (i) to (iv) above shall not exceed one-third area of the roof upon which these are erected; (v) the actual area under covered car parking space and area of basement used for car parking only in accordance with the table in rule 52(B)(1) subject to a maximum permissible limit for one car parking space as 25 sq.m for ground floor and 35 sq.m other than ground floor inclusive of all circulation spaces and ramps. However, the area actually covered by the car parking space may be allowed even if the same is more than mandatory requirement. But the covered car parking shall be within the permissible ground coverage; (vi) areas of loft, ledge or tand and areas of cupboards or wardrobes up to a maximum extent of 3% of total floor area but shall include the area of mezzanine floor; (vii) area of service floor as permitted in rule 67; (viii) the areas for garden covered with permeable material, pergola, expanded or similar other materials at the roof level, up to 5% of the total roof area or 10 sq.m whichever is more, subject to adoption of adequate structural safety measures; (ix) in addition to the above provision, the exemptions in calculation of FAR shall also be permissible as per provision in rule 51. (c) All steel towers above 14.5 metre height should be ground based ones. Minimum access to such structure should not be less than 5 metre on any part. No such structure should be constructed on the mandatory open spaces of any existing building. Part V -------- ### 54. Regulation for more than one building in one plot, existing buildings and the buildings under Government approved schemes. (1) (a) Every building on a plot containing more than one building which does not abut on means of access shall abut an internal road connecting the means of access of the plot. The floor area ratio shall be calculated on the basis of the width of means of access on which the plot abuts. (b) The minimum width of such internal roads shall be 3.50 metres. Where internal road of 3.50 metres in width is not possible to be provided due to an existing building constructed prior to the enforcement of these rules, a building of not more than 7.0 metres in height may be allowed, provided that the width of the internal road shall not be less than 1.20 metres. (c) The maximum permissible height of any building on a plot shall be determined by the width of the means of access on which the plot abuts according to the table given in sub-rule (3) of rule 49. (d) The minimum width and the maximum length of all such internal roads shall be as prescribed in the table below : Table Width and Length of Internal Roads \| \| \| \| --- \| --- \| \| Width of means of access \| Maximum length of the means of access \| \| 3.50 metres and above but n9ot more than 7.00 metre \| 25 \| 75 \| \| Above 7.00 metres but not more than 10.00 meters \| 50 \| 150 \| \| Above 10.00 metres \| No restriction \| No restriction: \| Provided that every internal road as required under this rule shall be kept free from any projection thereon and shall be kept open to the sky. Note. No chajja or cornice or weather shed more than 500 mm. shall overhang or project thereon. (e) in case the buildings within a plot are not of the same occupancy, an individual building of any particular occupancy shall comply with the rules governing such occupancy except the provisions regarding ground coverage which shall be in accordance with sub-rule (2) of this rule. (2) Ground coverage for plots measuring 5000 sq. metres or more in area, the maximum permissible ground coverage shall be 45% for residential buildings or educational buildings, and 35% for buildings of other use groups or for buildings with mixed occupancies : Provided that the provisions of rule 46 shall be applicable to plots measuring less than 5,000 sq. metres. (3) Open space for building shall be as laid down below : (a) every building shall have minimum external open space prescribed in rule 50, provided that on these open spaces internal roads may be constructed; (b) for plots measuring more than 5000 sq.m. in area, provision of 8% of the total area of the plot is to be kept as public open space. The width of each such open space shall not be less than 10.00 metres and each such open space shall abut a street having a width of not less than 7.00 metres. The minimum area of each of such open space in one parcel shall be 400 sq. m. This open space shall be in addition to the land required for providing the means of access to the individual plots as prescribed in rule 45. No objection certificate from the Director of West Bengal Fire Services and West Bengal Pollution Control Board in respect of the proposed construction is to be submitted along with the application for building permit; (c) for plots measuring more than 25000 sq.m. in area provision of 7% of the total area of the plot shall be reserved for use for facilities like School, Health Centres, Market, Police Outpost with booth, Post Office, Power Sub-station. Transport Terminal, Water Treatment Plant, Sewerage Treatment Plant as well as the provisions for Green cover and free gift of land for Economically Weaker Section housing and the like, such land shall abut a street having a width of not less than 10 metres in addition to the land necessary for means of access and for open spaces sanctioned in clause (b) of this sub-rule. No objection certificate from the Director of West Bengal Fire Services and West Bengal Pollution Control Board in respect of the proposed construction is to be submitted along with the application for building permit. (4) The parking provisions shall be the same as stipulated in rule 52. ### 55. Provisions regarding existing buildings. (1) The provisions of these rules shall apply only in the case of an existing building. Note.Existing building, for this purpose shall mean any building which was erected before the date of coming into force of these rules in accordance with a building plan sanctioned by an authority competent to sanction such building plan under the Bengal Municipal Act, 1932 (Bengal Act XV of 1932) or any other law for the time being in force. (2) In the case of existing building (a) excepting storage buildings, where the open spaces required have not been provided, an addition in the number of stories, if otherwise permissible, may be allowed with a set back, provided such building continues with the same occupancy Provided that no formal set back may be necessary up to a height of eight metres for adding only one floor over an existing single storied residential building; (b) the extent of the set back from the property boundary shall be such as to make the addition to the building conform to the provisions of rules 46 and 50; (c) if any car parking space is required to be provided under these rules and no such car parking space can be provided, the covered area allowable under the provisions of these rules shall be reduced by the area required for such car parking space which cannot be provided in the said building. Explanation.For the purpose of calculation, the area required for one car parking space shall be taken as 20.00 sq. metres; (d) the height of the building shall conform to the rules as indicated in rule 49 and in no case after addition the height shall exceed 14.50 metres; (e) the addition to an existing building with residential occupancy shall not exceed 200.00 sq. metres in covered area; (f) the addition to an existing building with educational occupancy shall not exceed the total covered area of the existing building; (g) the addition to an existing building with other occupancies including mixed use building but excepting storage building shall not exceed 100.00 sq. metres in covered areas. (h) in case of partition of existing building common walls may be allowed as the partition line. ### 56. Provisions for buildings constructed under Government approved schemes. (1) Notwithstanding anything contained elsewhere in these rules, the provisions of this part shall apply in respect of matters provided therein, in the case of buildings constructed by Governments, or any of the statutory bodies under any Government approved scheme, for residential use of-persons belonging to low income group or of industrial workers. (2) The minimum size of a plot shall not be less than 30 square metres and the maximum size of the plot shall not be more than 65 square metres. (3) The following provisions shall be complied with for the construction of building under sub-rule (1) : (a) no building shall be constructed on a plot if the width of the means of access to the site is less than 1.2 metres; (b) no building exceeding 8.0 metres in height shall be allowed on a plot if the width of the means of access to the site is less than 3.5 metres; (c) the maximum permissible ground coverage shall be 75% of the area of the plot; (d) the maximum height of the building shall be 10 metres; (e) the minimum front open space for a building shall be 0.8 metre; (f) the minimum rear open space for a building shall be 1.0 metre; (g) the buildings may be of the row housing type with common wall and the maximum length of the buildings in a row shall be 50 metres. After every 50 metres of length of the building in a row, there shall be an open space of not less than 2.5 metres in width for the entire depth of the building Provided that such open space shall not be necessary if there is a street or passage at such location, the minimum width of which is 2.5 metres. (h) no parking space within the plot shall be necessary. Part VI --------- Requirements of Parts of Buildings ### 57. Plinth. (1) The plinth or any part of a building or any accessory building shall be so located with respect to the crest of the road level that adequate drainage of the site is assured and it shall in no case be at a height less than 6C centimetres. (2) Every inner courtyard shall be raised at least 30 centimetres above the level of the centre of the nearest street and shall be satisfactorily drained. (3) Garage and parking space shall be raised at least 15 centimetres above the ground level. ### 58. Habitable room. (1) No habitable room shall have an area less than 9.50 sq. metres having a minimum width of 2.40 metres, where there is only one room. In case of more than one room, one of these rooms shall be not less than 9.50 sq. metres with a width of 2.40 metres at the minimum and the others shall not be less than 7.50 sq. metres in area with a minimum width of 2.10 metres. (2) No habitable room shall have a height of less than 2.75 metres measured from the surface of the floor to the lowest point of the ceiling or the underside of any slab : Provided that in the case of any centrally air-conditioned building, the height of any habitable room shall not be less than 2.4 metres measured from the surface of the floor to the underside of any slab or false ceiling, as the case may be : Provided further that the height from the surface of the floor up to the beam shall not be less than 2.4 metres : Provide also that in the case of any pitched roof, the average height shall not be less than 2.75 metres and the minimum height at eaves level shall be 2.1 metres. (3) All rooms in any building irrespective of their use-group, utilized for human habitation, shall conform to sub-rules (1) and (2) of this rule. (4) All room to be used as retail shop shall have a minimum clear height of 2.3 metres measured from floor to bottom of the ceiling or beam, whichever is lower. ### 59. Roof. (1) The roof of a building shall be so constructed or framed as to permit effectual drainage of the rain-water therefrom by means of sufficient rain-water pipes of adequate size, wherever required, and so arranged, joined and fixed as to ensure that the rain-water is carried away from the building without causing dampness in any part of the walls or foundations of the building or those of an adjacent building. (2) The Board of Councillors may require rain-water pipes to be connected to a drain or sewer through a covered channel formed beneath any street to connect the rain-water pipe to a road gutter or any other approved device. (3) Rain-water pipes shall be affixed to the outside of the walls of the buildings in recesses or chases cut or formed in such walls or in such other manner as may be approved by the Board of Councillors. (4) Every terrace on the top-most storey of any building shall have a common access and shall not be sub-divided. ### 60. Kitchen. (1) No kitchen shall have a floor area of less than 4.5 sq. metres and width of less than 1.8 metres : Provided that if any kitchen is to be used for eating purposes also, such floor area shall not be less than 9.5 sq. metres and the width shall not be less than 2.4 metres. (2) No kitchen shall have a height less than 2.5 metres measured from the surface of a floor to the lowest point in the ceiling or the underside of any slab except for the portion to accommodate any floor trap for any upper floor. (3) Every room to be used as a kitchen shall have, (a) unless separately provided with any pantry, meant for the washing of kitchen utensils which shall land directly or through a sink to a grated and trapped connection to a waste pipe; (b) an impermeable floor; (c) a window of not less than 1 sq. metre in area opening directly to an interior or exterior open space, or into any shaft; (d) a flue duct, if necessary; (e) a refuse chute for discharge of solid wastes, in case of any building exceeding eighteen metres in height. ### 61. Pantry. (1) No pantry shall have a floor area of less than 3 sq. metres and a width of less than 1.4 metres. (2) Every pantry shall have a means of the washing kitchen utensils, if not provided in the kitchen, the effluent from which shall lead directly or through a sink to grated and trapped connection to waste water drainage system. ### 62. Bathroom and water closet. (1) No bathroom shall have a floor area of less than 1.8 sq. metres and width less than 1.2 metres and a height less than 2.2 metres measured from the surface of a floor to the lowest point of the ceiling or the underside of any slab Provided that if it is a combined bathroom and a water closet, such floor area shall not be less than 2.6 sq. metres. (2) No water closet shall have a floor area of less than 1.2 sq. metres and a width less than 1.0 metre. (3) Notwithstanding the provisions of sub-rule (1) or sub-rule (2), in the case of any building referred to in rule 56. (a) an independent bathroom may have a floor area of 1.45 metres; (b) a combined bathroom and water closet may have a floor area of 2.0 sq. metres, with a minimum width of 1.1 metres. (4) Every bathroom or water closet shall (a) be so situated that at least one of its walls shall open to an interior open space or exterior open space or shaft and shall have an opening in the form of window or ventilator or louvre not less than 0.40 sq. metre in area; (b) not be directly over any room, other than a latrine or water closet or a washing place or a bathroom or a terrace, unless it has a water tight floor; (c) have the platform or seat made of water tight non-absorbent materials; (d) be enclosed by walls or partitions and the surface of every such wall or partition shall be finished with a smooth impervious material to a height of not less than 1 metre above the floor of such a room; (e) be provided with a door completely closing the entrance to it; and (f) be provided with an impervious floor covering sloping towards any drain with a suitable grade and not towards any verandah or other MOM. (5) No room containing any water closet shall be used for any purpose except as a lavatory and no such room shall open directly into any kitchen or cooking space or pantry by a door, window or other opening. ### 63. Lifts. Lifts shall conform to the provisions hereafter contained and the provisions of the National Building Code of India. At least one lift shall be provided in every building having more than 14.5 m. in height. In the case of a proposal to add one additional floor to an existing building having a lift, it will not be necessary to raise the existing lift to the additional floor. Subject to above, the number, type and capacity of lift shall satisfy the requirements of section 5 of the Installation of Lifts and Escalators of National Building Code of India. ### 64. Loft. (1) A loft may be permitted in buildings of all use-groups. (2) The area of any such loft shall be restricted to 25 per cent of the area of the floor of any room other than inhabited room : Provided that hundred per cent of the area may be covered over any corridor and toilet. (3) Maximum height between any loft and ceiling shall be 1.20 metres and the clear height below the loft shall not be less than 2.10 metres. ### 65. Ledge or tand. (1) A ledge or tand in a habitable room shall not cover more than 15 per cent of the floor on which it is constructed and shall not interfere with the ventilation of the room under any circumstances. (2) The ledge shall be provided at a minimum height of 2.1 metres from floor level. (3) The maximum width of any ledge or tand shall be 0.60 metre. ### 66. Mezzanine floor. (1) A mezzanine floor may be permitted only between the ground floor and the first floor of any building. (2) A mezzanine floor may be permitted over a habitable room provided that (a) it conforms to any standard for a habitable room as regards lighting and ventilation; (b) it is so constructed as not to interfere under any circumstances with the ventilation; (c) such mezzanine floor is not subdivided into smaller compartments; (d) such mezzanine floor or any part of it shall not be used as kitchen; and (e) in no case a mezzanine floor shall be subdivided so as to make it liable to be converted into unventilated compartments. (3) An area up to 25 per cent of the covered area on the ground floor shall be allowed. (4) The height of any mezzanine floor shall not be less than 2.1 metres or more than 2.7 metres. ### 67. Service Floor. One service floor having maximum clear height of 1500 mm. may be allowed between any two floors for plumbing, electrical and other utility services in case of buildings other than residential use. ### 68. Store room. No store room in any residential building shall have a floor area less than 1.5 sq. metres and a height of less than 2.1 metres. ### 69. Garage. (1) No garage for cars shall be less than 2.5 metres x 5 metres. (2) The minimum head room in a garage shall be 2.25 metres and floor level of the garage at ground floor must not be lower than ground level. (3) The size of any garage where more than one motor car is parked shall be calculated on the basis of the number of vehicles to be parked there. (4) No garage for trucks shall be less than 3.75 metres x 10.00 metres with a minimum head room of 3.50 metres. ### 70. Basement. (1) Subject to specifications, if any, made in this behalf under the West Bengal Town and Country (Planning and Development) Act, 1979, the Board of Councillors may specify an area or ward or borough where the construction of any basement shall not be permitted. (2) A basement may be used (a) as a parking space, (b) as an air-conditioning plant room or room for other machines used for any building service or for other purposes, (c) as a space for a stand by generator for power supply, (d) as a storage space for house-hold or other goods of non-inflammable nature, (e) as a strong room or bank cellar, (f) as a dark room, (g) as a stack room in any library, or (h) for the purpose of a business building or mercantile building (retail) or an assembly building if it is air-conditioned and the top of the basement is at least 750 mm above ground level : Provided the fire safety norms as per National Building Code are complied with. (3) Outer walls of a basement shall not extend to the exterior open spaces as required under these rules. (4) No basement or portion thereof shall be used for residential purpose. (5) No kitchen, bathroom or water closet shall be permitted in any basement unless the sewer levels permit the same and there is no chance of back flow and flooding of sewerage. If permitted, such kitchen, bathroom or water closet shall be placed against an external wall of the basement, which shall also be the external wall of the building and shall be adequately lighted and ventilated. Detailed plans showing arrangement for drainage including pumping system shall be submitted in such cases. (6) Every basement shall (a) in every part be at least 2.4 metres in height from the floor to the underside of the roof slab or beam soffit or ceiling or any false roofing; (b) have adequate arrangement so that surface drainage does not enter the basement, and have adequate arrangement for pumping out water, if necessary; (c) have water-tight walls and floors which shall be so designed that the effect of the surrounding soil and moisture, if any, is taken into account in design and adequate damp-proofing treatment is given; (d) in case the parking area in the basement is less than 1000 sqm, only one ramp will be required. In case the parking area in the basement is more than 1000 sqm at least two ramps shall be provided. Width of each ramp shall not be less than 3.5 mtrs. and the slope shall not be steeper than one vertical to six horizontal and the distance between the ramps shall be such as may be determined by the Municipal Authority : Provided that the basement is not used for car parking purposes, ramps will not have to be provided. In such cases at least two staircases of minimum width as per use group shall have to be provided and such staircase shall be enclosed type. (e) in the case of such basement being used for a purpose as referred to in clause (g) of sub-rule (2) of this rule have sufficient numbers of access ways and exit way so that the travel distance is not more than 15 metres; (f) have adequate ventilation as required for any occupancy or use group under these rules : Provided that any deficiency may be met by providing adequate mechanical ventilation in the form of blowers, exhaust fans at the rate of one exhaust fan for every 50 sq. metres of the basement area, or by air-conditioning; (g) comply with the requirements of the West Bengal Fire Services Act, 1950, Fire Prevention and Safety Rules, 1996, and provisions laid in National Building Code (NBC). ### 71. Chimney. (1) Any chimney shall conform to the requirements of the latest version of BIS 1645-I 960 Code of Practice for fire safety of buildings (general) : chimneys, flues, flue pipes and hearths. (2) Any chimney shall be built at least 0.9 metre above any flat roof : Provided that the top of any chimney shall not be below the top of any adjacent wall and, in the case of a sloping roof, the top of the chimney shall not be less than 0.6 metre above the ridge thereof in which the chimney penetrates. ### 72. Parapet. A parapet wall and guardrails shall be provided on the edge of any roof terrace or balcony and it shall not be more than 1.5 metres in height. ### 73. Boundary wall. No boundary wall exceed 2 metres in height on the road side, the solid portion of compound walls shall not exceed 1.5 metres in height. The foundation of boundary wall, below ground level, shall not encroach upon any adjacent land outside the plot area. ### 74. Lighting and ventilation of room. (1) Every habitable room, kitchen, staircase and bathroom or water closet shall have, for the admission of light and air one or more apertures, such as windows, glazed doors and fan lights, opening directly to the external or air or into an open verandah. (2) In any case where light and ventilation requirements are not met through day lighting and natural ventilation, the same shall be ensured through, artificial lighting and mechanical ventilation as per the latest provisions of section 1 of Lighting and Ventilation of Part VIII on Building Services of the latest edition of the National Building Code of India : Provided that the minimum aggregate area of the openings of habitable rooms and kitchens, excluding doors, shall in no case be less than one-tenth of the floor area. (3) No portion of any habitable room shall be assumed to be lighted if it is more than 7.5 metres from the opening assumed for lighting that portion. (4) The planning, design and installation of lighting and ventilation, electrical installations and fittings, air-conditioning and heating work, acoustics, sound insulation and noise control and the number, type and installations of lifts and escalators shall be carried out in accordance with the provisions of building services of the latest edition of the National Electrical Code of India : Provided that for electrical installation in respect of any building the provisions of the latest edition of the National Electrical Code and the rules made under the Electricity Act, 2003, shall apply. (5) For ventilating water closet and bathroom, such water closet or bathroom, if not opening to front open space, side open space, rear open space or interior open space, shall open on to a ventilation shaft as per provisions of sub-rule (5)(b) of rule 50 : Provided that the planning, design, construction and installation of water supply, drainage, sanitation and gas supply systems shall be in accordance with the provisions of plumbing services of the latest edition of National Code of India. Part VII ---------- Exit Requirements of Buildings ### 75. Definitions. In this Chapter, unless the context otherwise requires, (a) "exit" means an escape route which includes passage, channel or means of access from any buildings, storeys or floor area to a street or other open space of safety and includes a vertical exit or a horizontal exit or an outside exit; Explanation.In this clause, (i) "vertical exit" means an exit used for ascension or descension between two or more levels including stairways, smoke proof towers, ramps, lifts, escalators and fire escapes, (ii) "horizontal exit" means a protected opening through or around a fire wall or a bridge connecting two buildings, (iii) "outside exit" means an exit from the building to a street or to an open area leading to a street or to an enclosed fire resistive passage leading to a street; (b) "travel distance" means the distance from the exit of a tenement of any premises on a floor of a building to a place of safety, be it a vertical exit, a horizontal exit or an outside exit, measured along the line of travel. ### 76. Fire protection. Every building for residential and educational uses of more than fourteen metres and a half in height, and all buildings of other uses and buildings with basement shall be provided with adequate means of exit and all arrangement for protection in case of fire. ### 77. General exit requirements. (1) The following general requirements shall apply to exit : (a) all vertical exits or horizontal exits shall be free from obstructions; (b) no building shall be altered so as to reduce the number, width or protection of exits to less than what is required under these rules; (c) exits shall be clearly visible and routes to reach each exit shall be clearly marked; (d) all exits shall be properly illuminated; (e) fire-fighting equipment shall, where provided along exits, be suitably located and clearly marked so as not to obstruct the exit way and there shall be clear indication about its location from either side of the exit; (f) alarm devices shall be installed to ensure prompt evacuation through exits; (g) all exits shall provide continuous means of access to the exterior of a building or to an exterior open space leading to a street or means of access; (h) exits shall be so arranged that may be reached without passing through another occupied unit, except in the case of a building for residential and educational uses. (2) An exit may be a door-way, corridor, passage-way to staircase, ramp or a verandah or terrace which has access to the street or to the roof of a building. An exit may also include a horizontal exit leading to an adjoining building at the same level. (3) Lifts and escalators shall not be considered as exits : Provided that if the lift, lobby and shaft is provided as per requirement of West Bengal Fire and Emergency Services, it shall be considered as fire escape route. (4) All basements shall have a minimum of two exits. Explanation. Ramps to the basement shall be considered as exits. ### 78. Arrangements of exits. (1) Exits shall be so located that the distance between two exits on the floor shall not exceed, (a) 22.5 metres, in the case of a residential building or an educational building or an institutional building or a hazardous building; and (b) 30 metres, in the case of an assembly building or a business building or a mercantile building or an industrial building or a storage building. (2) For floors with sprinklers, which are not part of requirements for that floor and occupancy, the distance in sub-rule (1) may be increased by 50 per cent. (3) The distance to an exit from the dead end of a corridor shall not exceed half the distance specified in sub-rule (1), except in an educational building or an assembly building or an institutional building in which case it shall not exceed 6 metres. (4) Whenever more than one exit is required for any room space or floor of a building, exits shall be placed as remote from each other as possible and shall be arranged to provide direct access in separate directions from any point in the area served. ### 79. Requirements regarding staircase. All buildings referred to in rule 76 shall be provided with such number of staircases as the Board of Councillors may require. Under no circumstances, the number of staircases shall be less than two in the case of a building of more than fourteen metres and a half in height and one of them shall be on the external face of the building and shall be enclosed or pressurised type as per requirements of West Bengal Fire Services. In case the staircase or staircases are not facing external surface of the building or not having ventilation shaft, mechanical ventilation is required. ### 80. Minimum Width Provisions. (1) The following provisions for minimum width of stairways shall be made : Table I \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| Category of Building \| Height of the Building (in metres) \| Width of the Stairway (in metres) \| No. of Stairway \| \| Residential \| Up to 8.00 \| 1 \| 1 \| \| \| Above 8.00 and Up to 11.00 \| 1.2 \| 1 \| \| \| Above 11.00 and Up to 14.50 \| 1.35 \| 1 \| \| \| Above 14.50 and Up to 18.00 \| 1.25 \| 2 \| \| \| Above 18.00 and Up to 24.00 \| 1.25 \| 2 \| \| \| Above 24.00 and Up to 36.00 \| 1.25 \| 2 \| \| \| Above 36.00 \| 1.5 \| 2 \| (2) For residential buildings of height above 14.5 m and up to a height of 24.00 m with not more than three tenements or 500 sqm. per floor (whichever is less), one staircase of 1.50 mtrs. of width may be permitted. If by any case the floor area or the number of tenements exceed the above value, the number of staircase should be increased as per the prescribed norms in table given below :- Table II \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| Category of building \| Area per floor \| Width of the Stairway (Mtr.) \| Minimum Number Staircase of (Height upto 11.0 Mtrs) \| Minimum Number of Staircase (Height upto 11.0 Mtrs.) \| \| Education \| Up to 500 sqm. \| 1.35 \| 2 \| 2 \| \| Above 500 sqm. \| 2 \| 2 \| 2 \| \| Assembly \| Up to 500 sqm. \| 1.5 \| 1 \| 2 \| \| Above 500 sqm. \| 2 \| 2 \| 2 \| \| Institutional \| Up to 500 sqm. \| 1.5 \| 1 \| 2 \| \| Above 500 sqm. \| 2 \| 2 \| 2 \| \| Business \| Up to 500 sqm. \| 1.5 \| 1 \| 2 \| \| Above 500 sqm. \| 1.5 \| 2 \| 2 \| \| Mercantile (Retail) \| Up to 500 sqm. \| 1.8 \| 2 \| 2 \| \| Above 500 sqm. \| 2 \| 2 \| 2 \| Provided taht building for Marriage hall, Banquet Hall, Multipurpose Hall shall have at least two number of staircase of any height and floor area. ### 81. Provision for doors for an assembly room or hall. The doors of a room or a hall, where groups of people congregate or gather in any building, shall be made to open outwards and no locks or bolts for closing the same from outside shall be affixed thereto. There shall be at least two such doors in every such room or hall if not more than 300 persons are intended to be accommodated therein and an additional door shall be provided for every 100 persons or part thereof in excess of 300 persons. The width of every such door shall not less than 1.80 metres. ### 82. Other requirements. In respect of matters relating to fire prevention and fire protection, for which provisions have not been made in this part, the provisions of the latest edition of the National Building Code and the latest edition of the National Electrical Code shall apply. ### 83. Consultation with the Director of Fire Services before granting permission to erect a building. No permission for the erection, addition to, or alteration of, any building other than a residential building or an educational building of less than fourteen metres and a half in height shall be granted unless the Board of Councillors in consultation with the Director of Fire Services of the Government of West Bengal or any Officer specially empowered by the Director for the purpose, is satisfied about the provision of means of exits and about the arrangements for protection against fire proposed for the building. ### 84. Power to Municipal Authority to ask for sufficient means of exits. Where on the basis of the report of the Director of Fire Services of the Government or any other officer specially empowered by him, the Municipal Authority is of opinion that the means of exit from any building is insufficient to allow safe exit in the event of fire, or the in-built fire protection measures are inadequate, he may by written notice require the owner or occupier of the building to alter or reconstruct any existing staircase in such manner, or to provide such additional or emergency staircases as he may determine, or such fire protection measures, as he may, in consultation with the Director of Fire Services of the Government or any other officer specially empowered by him, determine. ### 85. Requirements of special occupancies under any other law in force. Notwithstanding anything contained in these rules, a building shall comply with the special requirements, if any, laid down in the Factories Act, 1948 (63 of 1948) or in any other law for the time being in force in relation to such building. Part VIII ----------- Structural Design ### 86. Structural design. (1) The structural design of foundation, masonry timber, plain concrete, reinforced concrete, pre-stressed concrete and structural steel shall be in accordance with the provisions of the latest edition of National Building Code of India (NBCI) and/or Bureau of Indian Standard (BIS). (2) For earthquake protection, a structural engineer shall design the structure taking into consideration the Indian standard codes as given below :- (i) BIS : 1893 2002 "Criteria for Earthquake Resistant Design of Structures (Fifth Revision)", (ii) BIS : 13920-1993 "Ductile Detailing of Reinforced Concrete Structures subjected to Seismic Forces Code of Practice"., (iii) BIS : 4326 1993 "Earthquake Resistant Design and Construction of Buildings Code of Practice (Second Revision)", (iv) BIS : 13828-1993 "Improving Earthquake Resistance of Low Strength Masonary Buildings Guidelines", (v) BIS : 13827 1993 "Improving Earthquake Resistance of Earthen Buildings Guidelines", (vi) BIS : 13935-1993 "Repair and Seismic Strengthening of Buildings Guidelines" : Provided that the provisions of National Building Code is also to be taken into consideration for design purpose. ### 87. Quality of materials and workmanship. All materials and workmanship shall be of good quality conforming to the accepted standards of the Public Works Department of the Government of West Bengal or Indian Standard Specifications as included in Part V on Building Materials and Part VII on Constructional Practices and Safety of the latest edition of the National Building Code of India. ### 88. Alternative materials, methods of design and construction. The Board of Councillors may approve any alternative material or method of design or construction if he is satisfied that such alternative is satisfactory and conforms to the provisions of the relevant parts of the National Building Code of India regarding materials, methods of design and construction and tat such materials, methods of design or work are for the purpose intended equivalent to those specified in the Code in quality, strength, compatibility, effectiveness, fire and water resistance, durability and safety. ### 89. Tests. Whenever there is insufficient evidence of compliance with the provisions of these rules or there is evidence that any material or method of design does not conform to the requirements of there rules, or in order to substantiate any claim for alternative materials, or design, the Board of Councillors may require tests to be made sufficiently in advance as proof of compliance and such tests shall be made at the expenses of the owner and in such manner as the Board of Councillors may direct. Part IX --------- Building and Plumbing Services ### 90. Building services. (1) The planning, design and installation of electrical fittings, air-conditioning and heating work, installation of lift and escalators shall be carried out in accordance with the provisions of Electrical Installations, Air-conditioning and Heating, Installation of Lifts and Escalators on Building Services of the latest edition of the National Building Code of India. For electrical aspects of building services the provisions of the latest edition of National Electrical Code shall apply. (2) The number of type of lifts to be provided in different buildings shall be as specified in the latest edition of National Building Code of India. (3) Electrical installations in respect of any building exceeding fourteen metres and a half in height shall conform to the provisions of the latest edition of National Electrical Code. ### 91. Plumbing services. (1) The planning, design construction and installation of water supply, drainage and sanitation, and gas supply system shall be in accordance with the provisions of Water Supply, Drainage and Sanitation, Gas supply or Plumbing Services, of the latest edition of National Building Code of India. Septic tank, pits of pit privy shall be so located in a premises or holding, that the same is easily accessible from the means of access to the plot. (2) The underground reservoir shall be constructed in such a way that the manhole portion must be raised 300 mm. or more above ground level to avoid surface contamination. The inlet supply pipe shall always be kept above the higher level of the stored water surface. (3) The depth of the Underground Water Reservoir or Septic Tank or Inspection Pits or manholes shall not be more than the shallowest foundation depth and the minimum distance between edge of foundation and such underground structure shall not be less that 50% width of the underground structure. Note : All other services, which are not mentioned in this part shall conform to the provisions of the latest edition of National Budding Code of India. ### 92. Signs and outdoor display structures. (1) The construction of advertising signs and outdoor display structures shall be in accordance with the provisions of Signs and Outdoor Display Structures of the latest edition of the National Building Code of India. (2) Every building shall display in a prominent place on the front side, the premises number as assigned to it by the Municipality and the street name, so as to be conveniently visible from the street. Part X -------- Previsions of Salt Lake Township with Bidhannagar Municipal Area and Nabadiganta Industrial Township ### 93. Special provision. (1) Notwithstanding anything contained elsewhere in these rules, the provisions of this part shall apply only to the Salt Lake Township within Bidhannagar Municipal area and Nabadiganta Industrial Town-ship and shall be construed to be in modification of, or to be supplementing, the other provisions of these rules in their application to the said Township. (2) The provisions regarding construction of any building in any plot measuring 1.5 k within green verge, and plot measuring 2k or 3k plot within park, allotted for Community Hall, Ward Committee office building or such other building, shall be as may be required by the Bidhannagar Municipality or Nabadiganta Industrial Township Authority, as the case may be Provided that the provision for approval of building sites to construct or re-construct building under rule 4 of these rules, shall not apply to the Salt Lake Township. ### 94. Administration. (1) The provisions of this part of these rules shall be enforced by the Bidhannagar Municipality or Nabadiganta Industrial Township Authority, as the case may be. (2) The Bidhannagar Municipality or the Nabadiganta Industrial Township Authority may, at all reasonable hours normally between sunrise and sunset and after giving forty eight hours' previous notice, enter into or upon any building or premises for the purpose of ascertaining whether or not the provisions of the Part of these rules are being complied with. ### 95. Definitions. In this part, (1) "alley" means a secondary public thoroughfare which affords a means of access to the abutting property; (2) "Anita" or "Mumty (Stair Cover)" means a cabin, that is, the structure with a covering roof over a staircase and its landing built to enclose only the stairs for the purpose of providing protection from weather and not used for human habitation; (3) "apartment house" means a building arranged, intended or designed to be occupied by three or more families, independent of each other; (4) "approved" means approved by the Bidhannagar Municipal Authority or Nabadiganta Industrial Township Authority, as the case may be; (5) "Assembly Place" means a room, floor area, or building designed, intended or used to accommodate one hundred or more persons and used as a place for meetings, entertainments, instruction, worship, or any such other use; (6) "Authority" means the Board of Councillors of the Bidhannagar Munici-pality, or the Nabadiganta Industrial Township Authority, as the case may be; (7) "balcony'' means a horizontal projection, including a hand rail, or balustrade to serve as passage or sitting outplace; (8) "Barsati", "Saiban" or "Penthouse" means covered space open at least on one side, constructed on a terraced roof used for shelter during rains; (9) "height of building or building height of means the vertical distance, measured in the case of flat roofs, from the Road crown top level or 15 cm above of the Kerb Stone of the adjoining road, whichever is higher, to the highest point of the building and, in the case of pitched roofs, up to the point where the external surface of the outer wall intersects the finished surface of the sloping roof and, in the case of gables facing the road, the mid-point between the eaves level and the ridge. Explanation. Architectural features serving no other function except that of decoration shall be excluded for the purpose of taking heights. If the building does not abut on a street, the height shall be measured above the average level of the ground around and contiguous to the building; (10) "building line" means the line up to which the plinth of a building adjoining on a street or on an extension of a street or on a future street lawfully extended. It includes the lines prescribed, if any, in any scheme; (11) "building line permissible" means a line parallel to the front line of the plot at a distance of the minimum width of the front yard, other lines being as fixed by the Authority having jurisdiction; (12) "ceiling height" means the vertical distance between the floor and the ceiling or the bottom of the roof beam in case there is a beam; (13) "cross wall" means an internal wall built into an external or party wall up to its roof level and of which it forms the limiting factor for the purpose of deciding its thickness; (14) "damp-proof course" means a course consisting of some appropriate waterproofing materials provided to prevent penetration of dampness or moisture from any part of the structure to any other part at a height of not less than 15 c.m. (6 inch) above the surface of the adjoining ground; (15) "drain" includes a sewer, pipe, ditch, channel, and any other device for carrying off sewage, offensive matter, polluted water, sullage, waste water, rain water of sub-soil water, sealed sewage mains and special machinery or apparatus for raising, collecting, expelling or removing sewage or offensive matter to the sewage outfall; (16) "drainage" means the act, process, method, or means of drainage, mode of discharge of water, system of drains; (17) "exit" means a passage, channel or means of egress from any building, storey or floor area to a street or other open space of safety; (18) "Filling Station" means an area of land including any structure or structures thereon, used or designed to be used for the storage and supply of gasoline or oil or other fuel for the propulsion of vehicles; (19) "Fire-resisting material" means any of the following materials and the like (a) masonry constructed with good, hard, sound and well-burnt bricks, fire bricks, stone or other hard and incombustible materials properly bonded and set in lime-surki, or lime-sand, or neat cement, or cement-sand mortar; (b) reinforced cement concrete, and other incombustible cement products; (c) teak and other hard woods when used for beams and posts or in combination with iron, the timber and iron being protected by a plastering or coating with an incombustible and non-conducting external coating not less than 6 cm (or 2 inch) thick, or, in the case of timber, not less than 2.5 cm. (or 1 inch) thick; (d) slates, tiles, bricks, and terracotta when used for covering and corbelling; (e) concrete, not less than 10 cm (or 4 inch) in thickness, composed of broken bricks, stone chippings or ballast and lime, cement when used for filling in between floor joists; and (f) any other material approved by any Authority having jurisdiction; (20) "footing" means the offset portions of a foundation to provide for a greater bearing area; (21) "foundation" means the part of a structure: which is below the lowermost floor and which provides support for the superstructure and which transmits loads of the superstructure to the bearing materials; (22) "gallery" means the raised portion of a room, which remains open to the room; Explanation. The floor of the gallery may be either level or sloped. If the space below the gallery is enclosed or divided off from the room, the space so enclosed remains a ground floor room. If the side of the gallery which was open to the room is filled by a wall or partition, the gallery becomes a mezzanine floor; (23) "garage private or private garage" means a building or outhouse designed or used for the storage of private owned motor vehicles; (24) "garage public or public garage" means a building or portion thereof, other than private garage, operated for gain, designed or used for repairing, servicing, hiring, selling or storing motor driven or other vehicles; (25) "ground floor" means the storey of a building to which there is an entrance from the outside of the adjacent ground or street; (26) "ground level" means the average level of the centre line of the street or passage to which the plot abuts; or 15 cm above the abutting footpath level whichever is higher. (27) "habitable room" means a room occupied or designed for occupancy by one or more persons for study, living, sleeping, eating, kitchen, if it is used as a living room but not including bathrooms, water closet compartment, laundries, serving and storage panties, corridors, cellars, and attic and spaces that are not used frequently; (28) "head room" or "headway" means the vertical distance between the floor and the ceiling. Explanation. Where a finished ceiling is not provided, the underside of the joists or beams of tie beams shall determine the upper point of measurement; (29) "latrine connected" means a latrine connected to the Government sewer system; (30) "load dead or dead load" means the weight of all permanent stationary construction becoming a part of the structure; (31) "load, Live or live load" means all loads except dead loads that may be imposed on a structure, and includes, Wind loads; (32) "non-combustible", in relation to materials, means a non-combustible material which neither burns nor gives off inflammable vapours in sufficient quantity to ignite at a pilot flame; (33) "owner" means the person who receives the rent of the said premises or would be entitled to do so if the premises were let, and includes, (a) an agent or trustee who receives such rent on behalf of the owner; (b) a receiver, executor or administrator or a manager appointed by any court of competent jurisdiction to have the charge of, to exercise the rights of, an owner of the said premises; or (c) an agent or trustee who receives the rent of or is entrusted with or is connected with any premises devoted to religious or charitable purposes; (34) "partition" means a wall which supports no load other than its own weight; (35) "pathway" includes an approach constructed with materials, such as bricks, murram, concrete, stone, asphalt, or the like; (36) "plaster" means a pier forming part of a wall partially projecting therefrom and bounded thereto, (37) "plot" includes a parcel or piece of land occupied or intended to be occupied by the main building together with its accessory buildings, used customarily or as incidental to it, and includes the open spaces required by these rules and having frontage upon a street or upon a private way that has officially been approved by the Authority; (38) "plot corner' means a plot at the junctions of and fronting on two or more intersecting streets, (39) "plot, depth of or depth of plot" means the mean horizontal distance between the front and rear plot boundaries; (40) "plot, double frontage or double frontage plot" includes a plot having a frontage on two streets other than a corner plot; (41) "plot, interior or tandem" includes a plot access to which is by a passage from a street, whether such passage forms part of the plot or not: (42) "porch" means a covered surface supported on pillars or otherwise for the purpose of pedestrian or vehicular approach to a building; (43) "Rain Water Pipe" includes a pipe or drain situated wholly above ground and used or constructed to be used for carrying water directly from roof, surface of elevated courtyard or other open surface; (44) "registered plumber/plumbing firm" includes a qualified Plumber/Plumbing Firm who or which has been registered and enrolled in the panel of the Authority; (45) "road" means any highway, street, lane, pathway, alley, stairway, passageway, carriageway, footway, square, place or bridge, whether a throughfare or not over which the public have a right of passage or access or had passed and had access uninterruptedly for a specified period, whether existing or proposed in any scheme, and includes all bunds, canals, ditches, storm-water drains, culverts, sidewalks, traffic islands, road side tree and hedges, retaining walls, fences, barriers and railings within the road lines; (46) "road line" means the line defining the side limits of a road; (47) "sanctioned plan" means the set of drawings and statements submitted under these rules in connection with a building and duly approved and sanctioned by the authority; (48) "service road" means a road provided at the rear or side of a plot for service purpose; (49) "sewage drain" means a closed drain used or constructed to be used for conveying solid or liquid waste matter, excremental or otherwise, to a sewer; (50) "shop" means a building or part of a building where articles of food of personal, domestic and household use and consumption are sold and goods of any kind are ordinarily retailed, but does not include a workshop; (51) "slop sink" means a sink used or constructed to be used for receiving solid or liquid excremental matter; (52) "smoke pipe" means a flue, approximately horizontal, of metal or other material in which smoke or the products of combustion are conducted from a furnace to a chimney; (53) "storey topmost" means the uppermost storey in a building, whether constructed wholly or partly on the roof; (54) "street" has the same meaning as in clause (45); (55) "street level or grade" means the officially established elevation of the . centre line of the street upon which a plot fronts and if there is no officially established grade, the existing grade of the street at its mid-point; (56) "structure" includes anything that is built or constructed, an edifice or building or any kind or any piece of work artificially built up or composed of parts joined together in some definite manner, and includes building; (57) "to abut" means to abut on a road so that any portion of the building is on the road boundary; (58) to erect" means to construct a building for the first time or to reconstruct existing building after demolishing it according to some fresh or revised plan; (59) "to make material alterations" means to make any modification in any existing building by way of addition or alteration, or any other change in the roof, window, door, compound, sanitary drainage system in any respect whatsoever, and includes (a) conversion of a building or any part thereof for human habitation as one dwelling house into more than one dwelling house and vice versa; (b) conversion of a building or a part thereof not suitable for human habitation into a dwelling house or vice versa; (c) conversion of a dwelling house or a part thereof into a shop, warehouse or factory or vice versa; (d) conversion of a building used or intended to be used for one purpose, such as shop, warehouse, factory, etc. into one for another purpose. Explanation. Opening of a window and providing intercommunication doors shall not be considered as material alterations. Similarly, modifications in respect of gardening, white-washing, painting, retailing and other decorative works shall not be deemed to be material alterations. (60) "to re-erect" means to construct for a second time or subsequent times a building or a part of a building after demolishing it, on the same plan as had been previously sanctioned; (61) "wall, external or external wall" includes an outer wall or a vertical enclosure of any building being a party wall, even though adjoining a wall of another building, and includes a wall abutting on an interior open space of any building; (62) "wall, party or party wall" includes a wall built on land belonging to two adjoining owners, the wall being the joint property of both owners. Explanation. If each of the two adjoining owners builds a dividing wall on their own property, they are not 'Party Walls' and no part of the footings of either wall shall project on to the land of the adjoining owner, except by legal agreement between the owners. Any such 'Party wall' or dividing wall shall be considered, for the purposes of these rules as being equivalent to an external wall, as far as thickness and height are concerned; (63) "wall, part, compound" includes wall, used or constructed to be used for separation of adjoining lands of different owners and not being part of a building, but does not include a wall constructed on the land of one owner, the footings of which project over the land of another owner; (64) "warehouse" means a building, the whole or a substantial part of, which is used or intended to be used for the storage of goods, whether for keeping or for sale or for any similar purpose, but does not include a store-room attached to and used for the proper functioning of a shop; (65) "window" includes an opening to the outside, other than a door, which provides all or part of the required natural light and ventilation or both to an interior space; (66) "water closet (WC)" means a privy with arrangement for flushing the pan with water, but does not include a bathroom; (67) "yard" means an open space at ground level between a building and the adjoining boundary lines of the plot unoccupied and unobstructed, except by encroachments or structures specially permitted by these rules on the same plot with a building; Explanation. All yard measurements shall be the minimum distance between the front plot boundary, rear plot boundary and side plot boundary, as the case may be, and the nearest point of the building including enclosed or covered porches. Every part of every yard shall be accessible from every other part of the same yard; (68) "yard, front or front yard" means a yard extending across the front of a plot between the side yard lines and being the minimum horizontal distance between the street line and the main building or any projection thereof other than steps, un-enclosed balconies and unenclosed porches; (69) "yard, rear or rear yard" means a yard extending across the rear of a plot between the side yard lines and being the minimum horizontal distance between the rear plot boundary and the rear of the building or any projection other than steps, un-enclosed balconies or un-enclosed porches; (70) "yard, side or side yard" means a yard between the building and the side line of the plot and extending from the front line to the rear line of the plot and being the minimum horizontal distance between a side boundary line and the sides of the building or any other projection other than steps, un-enclosed balconies or un-enclosed porches. Note : The different categories of plots mentioned in these rules, shall be as specified below : \| \| \| \| --- \| --- \| \| Category of Plot \| Areas \| \| 1.5k \| Any Plot having area of less than 2 cottahs; \| \| 2k \| Any Plot having area of less than 3 cottahs; \| \| 3k \| Any Plot having area 3 cottahs or more but less than 4 cottahs; \| \| 4k \| Any Plot having area 4 cottahs or more but less than 5 cottahs; \| \| 5k \| Any Plot having area 5 cottahs or more but less than 5 cottahs; \| \| 6k \| Any Plot having area 6 cottahs or more but less than 6 cottahs; \| \| 7k \| Any Plot having area 7 cottahs or more but less than 7 cottahs; \| \| 8k \| Any Plot having area 8 cottahs or more but less than 8 cottahs; \| \| 9k \| Any Plot having area 9 cottahs or more but less than 9 cottahs; \| \| 10k \| Any Plot having area 10 cottahs or more but less than 10 cottahs; \| ### 96. Additional requirements for submission of building plan. For submission of building plan under rule 11, in addition to the conditions laid down in these rules the following conditions are required to be fulfilled for the purpose of this chapter : (a) all plans shall be duly signed and certified by the owner in writing with inscription "Certified that I have gone through the West Bengal Municipal (Building) Rules, 2007, and also undertake to abide by those rules during and after the construction of the building". Such plans shall also be signed and certified by the technical personnel engaged under rules 14 to 18 indicating their names, addresses, qualifications and enrolment numbers allotted by the Authority with inscription "Certified that the plan has been designed and drawn up strictly according to the provisions of the West Bengal Municipality (Building) Rules, 2007". (b) five copies of sewerage and water connection plans shall accompany the notice drawn to a scale of 1 m to 1 cm (or 8' to 1.0") and coloured as laid down in sub-rule (3) of rule 12 shall have to be submitted to the Authority. The Size of the drawing sheet will be 30 x 22 cm. ### 97. Notice for an alteration only. When the notice is only for an alteration of the building, only such plans and statements as may be necessary shall accompany the notice : Provided that a revised plan is to be submitted showing the changes proposed with the requisite fee as specified in rule 100 : Note. (i) Every person who intends to demolish any building or part thereof shall give notice in writing to the Municipal Authority. The demolition work to be executed taking care of adjoining structures under the supervision of qualified or empanelled structural engineer. (ii) The building can shall have to be obtained afresh. ### 98. Repairs. No notice shall be deemed necessary for repairs in any existing building constructed in accordance with these rules. ### 99. Deviation during construction. If during construction of a building any departure or deviation from the sanctioned plan is intended to be made, sanction of the Authority shall be obtained before the change is made. The revised plan showing the deviation shall be submitted and the procedure laid down for the original plan therefor shall apply to all such amended plans. If on inspection during the construction stage, it is detected that deviation from the sanctioned plans have been made, the applications for the revised plan may not be entertained and the clearance certificate as mentioned in clause (a) of sub-rule (3) of rule 151 will not be issued in respect of the water and sewerage connections till rectification of the deviations. ### 100. Fees. (1) No building plan shall be deemed valid unless and until the person giving notice has paid the fees specified in sub-rule (2) to the Authority having jurisdiction and an attested copy of the receipt of such payment is attached with the building plan. (2) Scale of fees for granting permission for building work under this part, shall be as follows : (a) Rs 3.50 per sq.ft. to total floor area covered in case of residential plots; (b) Rs. 10.00 per sq.ft. of total floor area covered in case of commercial plots and co-operative buildings. ### 101. Part construction. (1) Part construction of a building according to any sanctioned plan may be permitted. Prior approval of part construction have to be taken from the Authority by submitting 2 copies of the plans (floor plan and front elevation of the part of the building proposed to be constructed). The Authority reserves the right to get the front elevation modified in case of such part construction. (2) Part construction shall always start from the front and completed in full as per sanctioned plan for part construction. (3) A partial occupancy certificate shall be issued for part construction under sub-rule (4) of rule 34 and no occupancy certificate shall be issued till part construction is completed in full. (4) In the case of multi-storied flats of Housing Co-operative Societies a partial occupancy certificate may be issued for completion of 75% of the building. In this case the members of the concerned Housing Co-operative Society have to execute an indemnity bond with the condition that the member of the said Housing Co-operative Society shall complete the building on all respect within 180 days from the date of issue of the partial occupancy certificate and shall apply to the Authority for a full occupancy certificate. ### 102. Fees for sanction of revised plan or part plan. Fees for sanction of revised plan or for sanction of part plan shall be as follows : (a) part planRs 300.00 per floor per building; (b) revised planRs. 2.00 per sq. ft. of total floor area covered per building; (c) renewal feeRs. 200.00 per floor per building; ### 103. Constructions not according to plan under sub-rule (2) of rule 30 or sub-rule (1) of rule 34. Where, on inspection, it is found that any building or structure or any part thereof is being or has been erected in deviation of the sanctioned plan or in contravention of any of the provisions of the Act or the directions issued therein, the Chairman or his authorized representative may issue a notice, in writing, to the plot-holder to appear before him or his authorized representative within such period as would be mentioned In the Notice, but not less than 10 (ten) days from the date of issue of the 'letter, requiring the plot-holder or his authorized representative to explain the reasons for committing such deviation or contravention as would be mentioned in the notice. ### 104. Cases of emergency. In cases of emergency which, in the opinion of the Authority, involves imminent danger to human life or health, the decision of the Authority shall be final. The Authority shall forthwith or with such notice as may be possible promptly cause such building, structure or portion thereof to be rendered safe or removed. For this purpose, the Authority may enter any time such structure or land on which it stands or abutting land or structure with such assistance and as may be deemed necessary. The Authority may also get the adjacent structure vacated and protect the public by an appropriate fence or such other means as may be necessary. ### 105. Means of access. (1) For plots of more than 10 K where more than one house will be permitted, the organisation which erects building shall provide as means of access to such building a clear pathway not less than 3.6 m. in width for 3 storeys and 5 m (16 ft) in width beyond 3 storey from a street to the entrance door of such building, and such pathway shall, so long as it is used as a means of access to that building be maintained free from any obstruction and shall not at any time cause or permit any portion of any building below a height of 5 m (16 ft) to overhang into such passage. (2) No building shall be erected so as to deprive any other building of the means of access as provided in this rule. (3) Every person who erects a building shall indicate upon any plan required to be furnished by him in accordance with these rules the whole area of such means of access by a distinguishing colour and description. (4) Every person who erects a building shall not at any time erect or cause or permit to be erected or re-erected any building, which in any way encroaches upon or cause or permit to be diminished the area so set apart for this purpose. (5) Every such means of access shall be drained and lighted to the satisfaction of the Authority. Manhole covers or other drainage, water or any other fittings laid in such means of access shall be flushed with the finished surface level so as not to obstruct safe travel over the same. (6) A person who undertakes construction work on building shall not reduce the access. (7) The means of access under these rules shall not be deemed to be suitable and sufficient until they have been approved by the Authority who shall have power to prescribe the width of the clear way which he shall communicate. ### 106. Access to Dwelling Units and Rooms. - In every building containing more than one dwelling, access shall be provided to each dwelling unit without the necessity of passage through any other dwelling unit. Note.- No room containing water closet shall be used for any purpose except as a lavatory and no such room open directly into any kitchen or cooking space by a door, window or other opening. Every room containing water closet shall have doors completely closing the entrance to it. ### 107. Obligatory front space, minimum side spaces and back spaces for various categories of residential buildings. (1) Obligatory front space, minimum side spaces and back spaces for various categories of residential buildings shall be as follows :- \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| Category of plot \| Front (fixed) (in metre) \| Narrower side (Min.) (in metre) \| Wide side (min.)(in metre) \| Back (min.) (in Metre) \| \| 2k \| 1 \| 0.9 \| 2.5 \| 2 \| \| 3k \| 1 \| 0.9 \| 2.5 \| 2 \| \| 4k \| 1 \| 0.9 \| 2.5 \| 4 \| \| 5k \| 1 \| 0.9 \| 2.5 \| 6 \| \| 6k \| 1.5 \| 1 \| 3 \| 7 \| \| 7k \| 2 \| 1 \| 3 \| 7 \| \| 8k \| 2 \| 1.2 \| 3 \| 7 \| \| 9k \| 2 \| 1.2 \| 3.5 \| 7 \| \| 10k \| 2 \| 1.2 \| 3.5 \| 7 \| (2) In every building specified in sub-rule (2) of rule 93 there shall be a fixed front open space measuring 1.0 metre, minimum side open space of 1.22 metres and minimum back open space of 1.22 metres. Explanation- For Block Areas the provisions of rule 153 shall apply. (3) For the Corner plots, the width of wider side space will be reduced to counterbalance, the difficulty of planning of the building due to rounding off the frontage but the clear gap with its adjacent building shall never be less than 2.5 metres (8'-2"). The side spaces of the corner plots will also be suitably adjusted where provision for paved passage, open ground, play-ground, will allow for such adjustment. The maximum covered area and F.A.R. will however remain the same as in other plots. (4) A Plan showing the area that may be built up or covered can be seen by each plot holder in the office of the Authority sanctioning the building. ### 108. Open spaces with respect to covered area. Whenever the open spaces specified under rule 107 do not give the percentage of covered area in conformity with rule 109 the more restrictive of the two shall apply. ### 109. Covered area. (1) The maximum covered area of residential building shall be governed by the following : \| \| \| \| --- \| --- \| \| Category of Plot \| Maximum permissible covered area \| \| (i) \| [2, 3, 4 and 5 Cottahs] [Substituted by Notification No. 227/MA/0/C-4/3R-8/2002 (Pt-I), dated 9.4.2010, for the words 2, 3 and 4 Cottahs.] \| 55% of the sit area. \| \| (ii) \| [ xxx ] [Omitted by ibid, dated 9.4.2010, before omitted it was 5.] 6 and 7 cottahs \| 50.00% of the sit area. \| \| (iii) \| 8, 9 and 10 cottahs \| 45.00% of the sit area. \| \| (iv) \| Building specified in sub-rule (2) of rule 93 \| 60.00% of the sit area. \| \| (v) \| IT, ITES[and other permissible industrial, institutional and Commercial Sector buildings] [Substituted by Notification No. 479/MA/0/C-4/3R-8/2002 (Pt. I), dated 10.9.2007, w.e.f. 10.9.2007, for the words and other permissible Industrial & Commercial Sector Buildings.] \| 40.00% of the sit area. \| Explanation. For Block Areas, the provisions of rule 153 shall apply. (2) In case of existing buildings only in the wider side space (or in the back space in the case of corner plots of 4 K and above), only one motor garage up to 5.00 m (overall) in length, 15 Sq. Metre in area and 2.25 m in height from Ground Level will be allowed in the case of 2 K or 3 K corner plots, a garage may be allowed in any place outside the covered area without covering any part of the narrower side within the limits regulating the height and width). The minimum clear width and the area of this garage will be 2.25 m and 9.60 sq. metre respectively. This garage or such portions of it as would be constructed within the minimum width of the wider space will be over and above the covered area specified above and will not also be taken into consideration while calculating F.A.R. No accesses to the roof of this garage will be allowed. Garage in the wider space cannot cover the minimum width of the back space as specified in rule 107. ### 110. Projection. (1) Window chajja or cornice may project up to 0.5 m (1'-8") on all sides of the building. (2) One cantilever verandah from first floor upward projecting up to property line may be allowed only on the frontage and side facing the roads (for corner plots only). This projection may be extended up to 0.5 m (1'-8") on the wider and narrower side spaces also, provided that the permissible limit of FAR is not exceeded and that the width of such verandah shall not exceed 2.5 m (8'-2"). Weather boards made either of concrete or pierced concrete or grill or glass or louvres or wood may be allowed to come down from second floor upwards up to the top level of windows in case of weather board from first floor, the clear gap between the bottom of weather board and plinth level shall be at least 8'-0". Only grills will be permitted to connect the above weather boards to the verandah railings on each of the floors and no window or solid wall shall be allowed. Verandah railings may be taken up to a maximum height of 1.25 m (4'-1"), provided that the solid part of it, if so constructed is limited to a height of 1 m (3'-4") : Provided that in any co-operative building on any plot of 5 K or above, a cantilever verandah from ground floor and upwards projecting up to the property line may be allowed on frontage and side facing roads (for corner plot only) but under no circumstances shall any verandah projection be less than 2.4 m in clear height from ground level and that permissible limit of F.A.R. is not exceeded. (3) The cantilever verandah on the first floor and above may be constructed within the open space after keeping open the space compulsorily required to be kept open as per rule 107, provided the permissible limit of F.A.R. is not exceeded. (4) ' Weather Board may be taken down from the projected cantilever balcony at the front open space from the 1st floor level up to 8' height (2.43 m) from the plinth level. (5) Projections for shelves not exceeding 0.25 m (10') beyond the outer surface of external walls may be allowed within the minimum wider, narrow and back open spaces for the purpose of making wall cupboards or alcove, provided the thickness of the wall for such projections is minimum 108 brick work or 3' thick reinforced concrete. (6) Under no circumstances shall any verandah projection be less than 8' in clear height from the plinth level. ### 111. Floor Area Ratio (F.A.R.). (1) Permissible floor area ratio shall be as follows : \| \| \| \| --- \| --- \| \| Area of plot \| Floor Area Ratio \| \| 2 \| 1.25 \| \| 3 \| 1.25 \| \| 4 \| 1.75 \| \| 5 \| 1.75 \| \| 6 \| 2.10 \| \| 7 \| 2.10 \| \| 8 \| 2.25 \| \| 9 \| 2.25 \| \| 10 \| 3.20 \| \| Permissible for institutional, industrial and Commercial Buildings. \| 2.75 \| Note. For IT and ITES Buildings FAR of 5.9 shall be permitted. However, in such building minimum 80% of the built up space shall have to be utilized for IT or ITES activities and condition stipulated by the State Government or ULB has to be adhered to. Exemptions in calculation of FAR should be as per provisions laid down in Rule 53(b) . Any plot specified in sub-rule (2) of rule 93, Floor Area Ratio shall be 1.35. Explanation. Floor area ratio, for the purpose of this rule, is the ratio of the total area of all the floors including the areas of walls, passages, staircase blocks, sanitary blocks, etc. of a building and accessory buildings to the gross area of plot. ### 112. Maximum number of floor. (1) Maximum number of floors to be built up shall be as follows \| \| \| \| --- \| --- \| \| Area of plot \| Maximum no of Floors allowed \| \| 2k \| G plus 1 \| \| 3k \| G plus 1 \| \| 4k \| G plus 1 \| \| 5k \| G plus 1 \| \| 6k \| G plus 1 \| \| 7k \| G plus 1 \| \| 8k \| G plus 1 \| \| 9k \| G plus 1 \| \| 10k \| G plus 1 \| \| Any plot specified in sub-rule (2) of rule 93 \| G plus 1 \| \| G means Ground floor \| (2) So far as the restrictions to the number of storeys to be permitted in the buildings are concerned, the parking floor in the main building at ground level up to 2.25 m in height from garage floor level to the beam soffit will not be considered as floor, and will not be taken into consideration for the purpose of calculation of F.A.R. (3) One mumti or a stair cover above the permissible number of storeys will be allowed in each of the buildings and this will not be covered by the rule of floor area ratio. The overall height of stair cover shall not exceed 2.85 m. (4) The overall height of all tall buildings including the Mast should not exceed the approval accorded by the Airport Authority of India. Note. Parking space at ground level shall be provided in all buildings including co-operative buildings, on any plot of 4 cottah or above, the maximum clear floor height of such parking space shall be 2.25 m. The height shall be measured from the ground level to the beam soffit level of ground floor slab (the ground floor) being the floor just above the parking space. Such parking space shall not be taken into account to calculate the permissible floor area ratio. ### 113. Maximum number of flat per storey. (1) Maximum number of flats per storey shall be as follows : \| \| \| \| --- \| --- \| \| 2 \| One flat per Storey \| \| 3 \| One flat per Storey \| \| 4 \| One flat per storey \| \| 5 \| Two Flat per storey \| \| 6 \| Two Flat per storey \| \| 7 \| Two Flat per storey \| \| 8 \| Two Flat per storey \| \| 9 \| Two Flat per storey \| \| 10 \| Two Flat per storey \| \| In the case of any building specified in sub-rule (2) of rule 93 \| One flat per Storey \| (2) A certificate shall be furnished by the owner of the plot measuring 2 cottahs to 5 cottahs on the body of each plan of building furnished for sanction in the following form : "Certified that I shall not on later date make any addition or alteration to this plan so as to convert it for use or allow it to be used for two separate flats per floor/per storey." (3) Notwithstanding anything containing in the preceding sub-rules, one additional bath-cum-W.C. for attendant may be allowed in each building, over and above the permissible numbers having minimum size as specified in rule 117. The said bath-cum-W.C. will be the integral part of the whole building : Provided that one room for watchman with attached bath-cum-W.C. may be provided at car parking space of co-operative building, the floor area of which shall not be counted in floor area ratio. The floor area of such room shall not be more than 10.00 sq. m. and that of the bath-cum-W.C. shall not be more than 3.00 sq. m. : Provided further that one room for watchman with attached bath-cum-W.C. may be allowed at the roof level of all existing buildings not exceeding the height of mumti roof, subject to the condition that the wider side space of all such buildings will be made free from any sort of construction, the floor area of which shall not be counted in floor area ratio. The floor area of such room shall not be more than 10.00 sq. m. and that of the bath-cum W.C. shall not be more than 3.00 sq. m. ### 114. Basement and floors underground rooms. Except with the written permission of the Authority, no person shall construct any basement floor, vault or underground rooms either under or as a part of building or otherwise and this will be considered as a floor and floor area ratio as specified in rules 111 and 112. ### 115. Plinth regulation. (1) In the main building, no plinth or any part of such building or outer house shall be more than 0.9 m (3'-0") and less than 0.5 m (1'-8") above the ground level, the reference ground level being taken as 15 cm above the abutting footpath level or road crown level whichever is higher, vide clause (9) of rule 95. (2) The minimum plinth height in respect of bathroom and water closet only may be reduced, provided the required slope for drainage up to the manhole is available. For this purpose, the minimum plinth height has been fixed as 30.48 cm (i.e. 1'-0") only. In no case the rules of minimum height and size of the room would be relaxed. (3) The minimum floor level of the garage shall be 15 cm above ground level. (4) Every interior courtyard shall be raised at least 30 cm above the footpath of the abutting street, and shall be satisfactorily drained. ### 116. Height regulation. (1) The height of all rooms for human habitation shall not be less than 2.75 m (9'-0") measured from the surface of the floor to the lowest point of ceiling and beam. (2) The height of Bathroom, water closet and stores, measured from the floor to the lowest point of ceiling or beam, shall not be less than 2.29 m (7'-6'). (3) The height of the kitchen, measured from the floor to the lowest point of ceiling, shall not be less than 2.75 m (9 ft) : Provided that the maximum height of each floor of any residential building shall be restricted to 3.6 m unless and otherwise specified in the guidelines of National Building Code. (4) The ledge or tand shall have a minimum head room of 2.1 m (7 ft). (5) The loft shall have a minimum head room of 2.29 m (7'-6"). ### 117. Size of room. (1) No habitable room shall have a floor area of 9.50 sq. m. except in the case of hostels attached to recognised institutions and in Industrial or Low Income Housing Schemes where the size of habitable rooms or the residence of a single person shall be not less than 7.45 sq. m. (2) A kitchen shall have a floor area of not less than 4.20 sq meters and shall not be less than 1.52 m in width in case of plots having an area up to 167,2 sq m and shall have a floor area of not less than 5.57 sq metres and shall not be less than 1.83 m in width in case of plots having an area of more than 167.2 sq m. In case of Industrial or Low Income Group Housing Scheme, the minimum floor area of kitchen shall be 3.4 sq m. A kitchen, which is intended for use as a dining room also, shall have floor area of not less than 9.29 sq m with a minimum width of 2.5 m. (3) Every bathroom shall have a floor area of not less than 1.80 sq m for which the smallest side shall not be less than 1.22 m and if a water closet room is combined with the bathroom, the floor area shall not be less than 2.80 sq.m and the smallest side shall not be less than 1.22 m. Every water closet shall have a floor area of not less than 1.10 sq.m. for which the smallest side shall not be less than 0.9 m. The minimum floor area of bathroom and water closet in the case of Industrial or Low Income Group Housing Scheme shall be 1.53 sq.m and 1.10 sq.m respectively. (4) A ledge or tand in a habitable roof shall not cover more than 25% of the area of the floor on which it is constructed and shall not interfere with the ventilation of the room under any circumstances. ### 118. Lighting and Ventilation of rooms. (1) (a) Every habitable room shall have for the admission of light and air, one or more fixture, such as windows, fan, lights etc., opening directly to the external air or into an open verandah, and of an aggregate area, inclusive of frames, of not less than 1110th of floor areas. Note (1) : If a window is partly fixed and partly open able, only the latter area will be counted for the above purpose. Note (2) : No portion of a room shall be assumed to be lighted, if it is more than 7.5 m (25 ft) away from the door or window which is taken for calculation as ventilating that portion. (b) Cross ventilation by means of windows shall be effected in at least one living room of a tenement either by means of windows in opposite walls, or if this is not possible or advisable, then, at least in the adjoining walls. (2) In the case of mechanized light and ventilation, the standards shall be such as to give the same intensity of ventilation as is provided in sub-rules (1) and (3) and subject to the approval of the Authority, provided alternative arrangements to ventilating and lighting the room according to the standards laid down in sub-rules (1) and (3) have also been made. (3) Bathrooms and water closets shall be provided with natural light and permanent ventilation by one of the following means : (a) windows having an area of not less than 10 per cent of the floor area and located in an exterior wall facing a street alley yard or an airshaft whose dimension in the direction perpendicular to the window is not less than 1/3 of the height of the building on which ti, window is located subject to a maximum and a minimum limit of 6 m (20 ft) and 1 m (3 ft) respectively; (b) skylights, the construction of which shall provide light and ventilation as required in clause (a): (c) ventilation ducts, provided such ducts have 1.30 cm2 of area for each m2 (2 in2 of area for each ft2) of floor area with a minimum total area of 330 m2 (48 in2) and a least dimension of 9 cm (31/2 in). The vent register or grills to the duct shall be located in or next to the ceiling or the ventilated space. A separate duct from each space or room shall run to and above the roof and shall be provided with a lowered vent stack : Provided, however that when an exhaust fan is used, the duct opening may be located in an outer wall. (4) Stores Box Rooms and the like shall have at least half of the ventilation required for living rooms. Where such ventilation by apertures in walls is not possible or advisable, at least there shall be ventilation by means of a flue or chimney. (5) Laundry and recreation rooms located above the basement shall be lighted by windows located in exterior walls having openings of not less than 10 per cent of the floor area. (6) Every kitchen shall be ventilated according to the standards prescribed for habitable rooms near the ceiling as far as possible. Each kitchen shall be furnished with smokeless chullas subject to the following conditions : (i) smoke shall not come out during the time of firing and cooking; (ii) each kitchen shall be provided with a separate chimney; (iii) chimneys provided for smokeless chullas shall be made of suitable diameter; (iv) suitable provision shall be made at the bottom of chimney for clearing. (7) Every staircase shall be lighted and ventilated from an open air space of depth (measured horizontally) not less than, (i) 3 m (10 ft) in case of ground and one upper floor structure; (ii) 4 m (15 ft) in case of ground and two upper floor structures; (iii) 6 m (20 ft) in case of further higher structures : Provided that the lighting area shall be not less than 1 m2 (10 sq. ft) per floor. Note. Every staircase shall be ventilated properly. ### 119. Other requirements. (1) Every bathroom or water closet shall (i) be so situated that at least one of its walls shall be open to external air; (ii) not preferably be directly over or under any room other than another latrine, garage, washing place, bath or terrace, unless it has a water-tight floor; (iii) have the platform or seat either plastered with cement or made of some water-tight non-absorbent material; (iv) be enclosed by walls or partitions of bricks. Surface of every such wall or partition shall be furnished with a smooth, impervious material, such as cement plaster 1.3 cm thick or glazed tiles or polished marble or any suitable materials to a height of not less than 1 m (3 ft) above the floor of such a room; (v) be provided with an impervious floor covering sloping towards the drain; and (vi) have a floor level of such a height as to ensure suitable grade towards the sewage drain. (2) Every room to be used as kitchen shall have (i) a floor area as provided under rule 117(2); (ii) either a suitable flue for the escape of heated air or an approved form of smokeless chulla; (iii) a height as provided in rule 116(3); (iv) unless separately provided in a pantry, means for the washing up of kitchen utensils which shall lead directly or through a sink to a grated and trapped connection to the waste pipe. ### 120. Drainage of roofs. The roof of a building shall be so constructed or framed as to permit effectual drainage of the rain water therefrom by means of a sufficiency of rain-water pipes of adequate size so arranged, joined and fixed as to ensure that the rainwater is carried away from the building without causing dampness in any part of the walls or foundation of the building or those of an adjacent building. ### 121. Water tanks and cisterns. (1) A tank or a cistern constructed with a building and intended for storage of water for human consumption or domestic purpose shall comply with the following requirements : (i) the Authority shall supply water at the ground level only and any arrangement for lifting the water by means of pumps to a suitable height and distribution of water in the building shall have to be done as per approval of the Authority. For this purpose, construction of house tanks shall be made at suitable levels in every household operated by properly checked ball valves; (ii) no household up tap connections should be taken direct but through house tank. (2) The tank of high level for distribution of water in the premises shall be constructed of metal reinforced cement concrete or lined with metal or metal sheets and be of such a design, weight and quality as has been approved by the Authority. The tank or cisten at ground level or below ground level for receiving supply from the water mains is to be constructed in the wider side and/or the back space (leaving) 1.52 m for the back boundary line or within the built up area or partly between the side space, back space and the built up area. The depth of foundation of the tank shall not exceed 0.75 m (2'-6") from the ground level, the ground level being taken as 8 cm (0'-3") above the abutting footpath. This tank shall be water tight, properly covered over and shall be constructed of reinforced concrete or brick work in cement mortar or designed according to a manner approved by the Authority and shall be rendered inside with cement mortar. (3) The tank shall be provided with a draw off pipe, tap or other apparatus the invert of which shall be not more than 5 cm (2 inch) high from the bottom of the tank. (4) The tank shall be provided with an overflow pipe which shall (a) be so located and fitted as to prevent entry of animals and insects; (b) not be connected to a drain or sewer; (c) have an open end to permit the overflow pipe to serve also as a warning pipe; (d) have to be so located that it is open for inspection by any person authorized by the Authority: Provided that, in the case of any building specified in sub-rule (2) of rule 93, the tank or cistern at ground level or below ground level is to be constructed in any space excepting fixed from open space. ### 122. Pipes and Fittings. All pipes including all bends, junctions, tees, and elbows and all fittings used in connection with, or forming part of, the sanitary installation of a building or for the supply and distribution of water to and in a building shall be made of such material and be of such manner as may be approved by the Authority. ### 123. Sinks. (1) A sink shall be so located that as least one of its sides will be against an external wall or in a window recess or in a position to ensure suitable connection. (2) (a) Sinks shall be constructed of glazed stoneware enamelled fire clay or other equally suitable material; (b) they shall be of such shape as will facilitate their maintenance in a state of cleanliness; (c) no wood work shall be used for covering any such sink; (d) the bottom of the sink shall slope towards the outlet. (3) (a) A pipe shall be joined to the sink by a bell mouth at the bottom of the sink having its internal diameter about one inch larger at the sink than at the other ends; (b) the sink outlet shall be fitted with a brass grating and a plug; (c) the sink waste pipe shall have an internal diameter of not less than 5 cm (2 inch) and shall be preferably provided with a trap of drawn lead or other equally suitable material fitted with a brass cleaning screw at the bend. ### 124. Privy. No other privy except connected privy discharging into the underground sewerage system shall be constructed in any building. The floor of every privy shall be made of cement concrete Patent stone or vitrified or well-pointed earthen tiles or mosaic and shall be in every part at a height of not less than thirty centimetres above the level of the surface of the ground adjoining the privy. The floor of every connected privy in which the opening of the pan is placed on the level of the floor shall have a fall or inclination towards the pan of at least one in twenty four. Every connected privy situated in a building shall have opening of not less than 0.55 sq meters in area in anyone of the walls of the privy as near the top of the wall as may be practicable and communicating directly with the open air. ### 125. Flushing of connected privies and urinals. (1) Every connected privy shall be provided with suitable water-cistern, so arranged as (a) to discharge direct into the pan of the privy not less than thirteen litres of water each time the cistern is used, and (b) to prevent water being drawn from the cistern for any other purposes. (2) All waste pipes and overflow pipe attached to such cistern shall terminate in the open air and a cut off from all direct communication with any drain. (3) Every connected urinal shall be provided with adequate flushing arrangements to the satisfaction of the Authority. (4) For the purpose of supplying water to the flushing cistern of a connected pr vy or connected urinal, a reserve tank of such capacity as may be specified by the Authority shall be provided at a height sufficient to supply the cistern with water Provided that the minimum size of a privy shall be 1.10 m2 (12 sq. ft.). The wall of the privy shall be lined internally with smooth impervious non-absorbent coating of rest Portland Cement and shall be of not less than 1.27 cm. thickness or of the glazed tiles or polished marble to a height of not less than 91 cm: Provided further that every connected privy and connected urinals shall be provided with a pan of such form and dimensions as may be approved by the Authority: Provided also that every connected privy and connected urinal shall be provided with an air-tight water-trap immediately below the pan. ### 126. Syphon-trap and Anti-syphonage Pipe. (1) Every connected privy and connected urinal shall be provided with a syphon trap which shall be proof against syphonage. (2) In all cases where a connector privy or connected urinal is more than one storey high, an anti-syphonage pipe having an internal diameter of not less than fifty millimetres shall be provided, and such pipe shall be carried independently to a height of at least sixty centimetres above the roof of the privy or urinal or the roof of the building in which such privy or urinal is situated. (3) No 'container' or other similar fittings shall be placed under the pan of a connected privy or connected urinal and no trap of the kind known as a 'D trap' shall be used with any such privy or urinal. ### 127. Soil pipe for connected privies and connected urinals. (1) Every connected privy and connected urinal shall be provided with a soil pipe for carrying sewage to a city sewer. (2) Such soil pipe shall be provided with air-tight joints, and if it be placed above ground, shall be made of metal approved by the Authority. (3) Such soil pipe shall, in addition to the prescribed trap, be provided with trap placed at some point between the privy or urinal and the sewer referred to in sub-rule (1). (4) Such soil pipe shall be ventilated by direct communication with the open air and if the privy or urinal is situated in a building, the pipe shall be carried outside the building. (5) The soil pipe shall have to be connected to the sewer line through a master trap. ### 128. Rain-water pipes. (1) Rain-water pipe shall be least 75 millimetres (3 inches) in diameter and be constructed of cast-iron, wrought-iron, PVC glazed stoneware, asbestos or other equally suitable materials and shall be securely fixed. (2) The mode of drainage of rain water shall be as approved by the Authority. (3) The drainage from the roof and compounds paved or un-paved, will be permitted to flow over footpath into the kerb drains and ultimately into gully pits. Drainage from roof or compound, paved or un-paved, must not discharge into or be connected with any soil pipe or soil ventilation pipe or any waste ventilating pipe nor shall it discharge into sewer. ### 129. House Drainage. No drain pipe or spout from any floor shall be allowed to directly discharge on footpath or road. Drain shall be constructed up to street gutter. ### 130. Instruction. (1) The Authority may, at all reasonable, normally between sunrise and sunset, enter into or upon any premises for inspection of sewer lines, manholes and allied connections and cleaning or maintenance of the same, as necessary. (2) (a) Before construction of building as per sanctioned building plan, the plot-holder must submit his sewerage and, water supply plan for sanction. (b) The following shall be observed in connection with preparation of the sewerage and water supply plan : The sewer and water connection plan shall show the ground floor plan of the building along with the property lines, alignment of water and sewer line position of Master Trap inspection pit, Yard gully, sinks traps ground or underground water reservoir and also the departmental Manhole. A section of the underground or ground Water Reservoir shall also be given. (3) (i) Only the domestic water from bath, water closets, and Kitchen shall be led to the sewerage system; (ii) Rain and Storm Water from roof-top and Yard washing shall be led to kerb drains of the adjoining roads; (iii) Kitchen wastes shall be diverted to waste water pipe of bath and water closets through an intercepting trap to be located at Ground (iv) the house connection pipes projecting from adjoining sewer manhole are the properties of the project authorities and shall not be interfered with or connected to the internal sewerage line of the plot without the expressed permission of the Authority; (v) the internal sewer line shall be connected to the house connection pipe of the main sewer line only through a master trap of approved design and quality; (vi) person making connection of the internal sewerage line with the main sewer line without proper permission and payment of necessary charge as specified in rule 151 are liable to pay penalty under the Act: (vii) A certificate as specified below shall be furnished by the owner of the plot on the body of each of sewerage and water supply plan submitted for sanction "Certified that I have full knowledge of the procedure that the sewer connection to the Authority's manhole is to be done strictly under supervision of the Authority's staff and that any unauthorised connection will be disconnected". ### 131. Disconnection of sewer and water line for violation of rule. The Authority reserves the right to disconnect any connection made in violation of the provision made in sub-rule (2) of rule 130. ### 132. Architectural features. The Architectural features and designs of all buildings and structures must be to the satisfaction of the Authority who reserves the right to reject any plan after recording the reasons for such rejection. ### 133. Maintenance. The Authority shall be empowered to demand that owners undertake at their own expense any maintenance work that it deems necessary for decorative repair of building. Such work shall be completed within the period specified in the covering notice. ### 134. Verandah and Advertising Sign. The appearance of all verandahs, advertising sign and similar projection shall be subject to the approval of the Authority. which may demand that such existing structure be altered where necessary at the owner's expense so as to conform harmoniously with the neighbouring area. ### 135. Unfinished Buildings. No building shall be left with unfinished portion including projecting reinforcing bars which in the opinion of the Authority are unsightly unless the permission prescribing conditions with respect to the structure and the period for which such permission remain valid. ### 136. Clearing of Site. As soon as any building is completed, all rubbish, refuse or debris of any description shall be removed, to the satisfaction of the Authority, by the Owner from the site or sites on which building operations have been carried out or from any adjoining land which may have been used for deposition of materials or debris. ### 137. Masts. All wires, poles, masts, stays, struts, lightning conductors and similar fixtures on new buildings shall be straight and of good appearance. ### 138. Unsightly Materials. The use of any disfigured or damaged materials which, in the opinion of the Authority, results in an unsightly appearance of a building shall not be allowed. ### 139. Sheet Metal and Barbed wire fences. No sheet metal or barbed wire fence visible externally shall be erected on the frontage line or street line. The design whereof has been approved by the Authority. ### 140. Parks and Gardens. Owners of parks or gardens visible from the streets shall plant, replace or maintain trees as per the laws in force and shall not in the opinion of the Authority having jurisdiction, conflict with the aesthetic appearance of the neighbourhood. ### 141. Decoration. (1) Monuments, decorative and monumental fountains, bridges and viaducts and in general, the decorative and ornamental features of public gardens and squares shall be built only after the approval of the Authority has been obtained, and the Authority may, in addition to drawings, demand the submission of photographs or perspectives of the composition so that the artistic value of the project will be more efficiently and effectively illustrated. (2) The colour combination or painting or such other treatment at the facade of each building shall be got approved by the authorized architect of heritage committee which reserves the right to reject any such colour combination or painting or treatment if, in its opinions not aesthetic in its appearance. (3) Where several facades constitute architectural composition, painting or such other treatment shall only be allowed where no aesthetic disfigurement can result to the composition as a whole. ### 142. Structural feature. (1) All structures shall be so designed, built and maintained that under the conditions of dead and live loading the stresses in any of the material of construction or in the material on which a structure rests shall be well within the safe limits. (2) In case there is a building or structure in the adjoining plot, all precautionary steps shall be taken by the plot owners against and flowing into the trenches from the sides before the execution of foundation is started. For that purpose, shorting shall be done in all excavation works. Shorting shall be of tongues and grooves type. The height of shorting shall be such that it may rise up to ground level by 2 feet and cover the depth to be excavated. The responsibility for any damages sustained by any existing building in the adjoining plots due to flowing of sand in the excavated trenches will be entirely on the plot owner(s) excavating the trenches. (3) The foundations of every building shall be so designed and constructed as to sustain the dead load of the building and the super-imposed load and transmit the load to and distribute them over the solid in such a manner that any pressure brought to bear on the soil by these loads shall not exceed the safe bearing capacity of the soil. With this end in view, the Engineer or Architects or Architect Engineering Firm will so design the foundation that the same may be safe in consideration of the normally varying bearing capacities of soils in different regions of the Salt Lake Township and the possibility of total settlement or any unequal settlement, a certificate as specified below shall be furnished by the Engineer or Architect or Architect Engineering Firm in the body of each plan of building furnished for sanction (provisions of rule 15 along with all sub-clauses as applicable shall be followed) : "Certified that the foundation and the superstructure of the building have been so designed by me/us will make such foundation and superstructure safe in all respect including the consideration of bearing capacity and settlement of soil etc."; Provided that pile foundation may be allowed for a Multi-storied Building. In this case Lessee shall submit an Indemnity Bond stating that he will be responsible for any damage in adjoining area, during or after pile driven and he will pay the entire cost of damage as will be assessed by the Authority. (4) (a) No construction shall be done except in masonry works. Every building, except in case of open building, shall have outer walls forming a part thereof constructed of brick, stone or other hard and incombustible substance approved by the Authority. All walls of masonry building shall be properly bonded; (b) Single brick thick, that is, 25 cm (10") load bearing wails, can be adopted up to three storied residential building if constructed in cement mortar of requisite proportion; (c) in the case of residential buildings or flats where maximum height of rooms measured from the surface of the floor to the ceiling is restricted to 2.75 m (9'-0"), load bearing walls of 25 cm (10') thick can be adopted up to four stories buildings, provided good bricks of 70 kg/cm strength are used with cement mortar as specified by the National Building Code; (d) every wall of masonry building which is exposed to external air shall, in no case, be less than 25 cm in thickness : Provided that where load-bearing walls of 25 cm (10" thick) has been specified, use of 20 cm thick modular brick work may also be adopted up to three storied buildings only. In case of outer wall (not being load-bearing), 20 cm thick modular brick work may be adopted in all cases. (5) Every wall of masonry building shall have a damp proof course at the level of the ground floor. Such damp proof course may consist of asphalt, cement concrete, or any other durable material impervious to moisture. (6) Unless otherwise specified in these rules, specification and methods of construction shall conform to the provisions made in the National Building Code. ### 143. Boundary wall. No boundary wall shall exceed 2 metres in height. On the road side, the solid portion of compound walls shall not exceed 1.5 M in height. The foundation of the Boundary Wall below ground level shall not encroach upon any adjacent land outside the plot area. ### 144. Staircase. (1) in every domestic building, more than one storey in height, the principal staircase shall have a width of not less than 1 metre in every flight Provided that where the building is constructed or adopted to be occupied in flats or tenements, the width of the principal staircase serving more than two suites per floor shall be increased by 8 centimetres in every flight for every additional suites on a floor. (2) Every such staircase shall be adequately lighted and ventilated by windows of not less than 1 sq. metre in area per storey. (3) No wooden staircase will be allowed. (4) Minimum clear head room in any staircase shall be two metres and twenty five centimetres as measured from the top of the riser to the lowest position of the ceiling or beam perpendicularly above it. (5) Every staircase shall be provided with treads of not less than twenty-five centimetres in width and not more than eighteen centimetres in rise without winders with landings of width not less than that of the staircase. The treads and rise of each flight of stairs in such staircase shall be of uniform width and height. (The staircase landing from first floor and above may project from the building line in the wider side space up to a maximum width of 1 metre only.) Clear height of such projected landing above ground level shall be 2.25 m minimum. Similar projection of 1 metre of staircase landing from the building line may also be allowed in the back space for corner plots where no wider side space exists or where the wider side space is reduced to counterbalance the difficulty in planning, but a clear gap of 1.5 metre must always be kept from the property line. Further projection beyond this line will, however, not be allowed in the shape of chajja or in any other form. This projection will, however, not be allowed in back spaces for rectangular plot, nor in the front spaces or in the narrower side spaces of any plot. In the case of buildings other than residential or hazardous building, a staircase shall be provided for every 300 persons who are expected to use the building. No staircase shall be less than 1.5 metre (5 ft) in width and the farthest corner of the building shall not be more than 18 m (60 ft) distant from the staircase. The width of landing at the roof level for all categories of plots shall not be wider than the minimum width of stair flight Provided that lift (as per provisions of rule 63) shall have to be provided for a building beyond 13.5 m height from the Ground Level but the lift machine room will be as per latest edition of the National Building Code. The lift machine room will not be included while calculating floor area. Note : Lift may also be provided in any building other than mentioned above as per norms stated in these rules. ### 145. Worship room/meditation room within staircase at roof. A floor over stair flights only in the stair room (mumti) may be constructed by raising the roof level with provision of additional steps, if required, for the purpose of having space for puja. In no case the area of staircase room shall be increased at the roof level for an additional space. Height of puja room shall not exceed 2.28 m (7'6'). ### 146. Asbestos, Cement or Corrugated Iron sheet roofing to garage and staircase top. Asbestos cement or corrugated iron roofing to open space garage and staircase top may be constructed in place of R.C. roofing. ### 147. Lofts. Lofts will be permitted over store room, bathroom and over passages, but in no case will each separate loft exceed 5 sq. metre in area. This will not, however, be considered while calculating the F.A.R. ### 148. Parapet wall. The height of the parapet wall on the roof shall not exceed 1.25 metres. ### 149. Garage. Minimum size of a private garage within the built up area shall be 9.60 sq. m and minimum clear height and width of garage shall be 1.83 m (6 ft) and 2.25 m (7'4') respectively. The floor of the garage shall have adequate slope for drainage into a grated and grease trapped connection to the soil pipe of the sewage system. ### 150. Carriageway leading. Carriageway leading will be allowed in each plot. The carriageway leading will be constructed under the supervision of the Authority as per written requirement of the lease-holder of the plot. The cost of supervision charge will be borne by the applicants. ### 151. Sewerage and water supply connections. (1) The plot owners shall have the right of connecting their private sewerage and water supply lines with sewerage and water supply system of the Municipality and shall derive the benefit of those services only after obtaining specific written permission from the Authority and on payment of connecting fees and other charges under the Act and for complying with the following requirement : "The private line of sanitary sewers and water distributions shall be laid by, and under the supervision of, a plumber or plumbing firm registered with the Authority and the plot holder shall apply for water or sewer connections in form 'K' (in duplicate) as a pre-requisite". (2) Five copies of the sewerage and water supply plans shall have to be submitted for sanction to the Authority in the manner as mentioned in clause (b) of rule 96. (3) (a) for obtaining sewerage and water supply connection to the building from the supply mains, the owner of the building shall have to obtain a clearance certificate for each floor of the building from the Authority to the effect that no deviation or departure has been made in the building from the sanctioned plan and that sewerage and water distribution system of the building have been done as per sanctioned plan. The clearance certificate in form 'J' will be along with the occupancy certificate in form 'H' issued after final inspection of the building which will be carried out on receipt of requisite intimation from the owner of the building in form 'G' under rule 33. (b) (i) The Sewer connection to the Authority's Manhole and/or water line connection to the Authority's water line is to be done strictly under supervision of the officers and/or staff and/or agents authorised for the purpose by the Authority and, for this purpose, the Charge as may be estimated by the Authority having regard to the rest of materials, labour and overhead at the prevailing market rate are to be deposited earlier. (ii) Any unauthorise sewer connection or water line connection will be disconnected forthwith without giving any prior notice to the owner or occupier of the building. (4) (a) The Authority may, in its discretion, give temporary supply of water for construction purpose on payment of charges at the rate of Rs. 25/- per month, subject to the condition that water charge for six months shall be paid in advance initially. For continuation of water supply for construction purpose beyond six months, the plot-holder shall pay monthly charges in advance. In case of default, water supply will be disconnected forthwith without giving any notice to the plot owner. (b) The Authority reserves the right to forthwith disconnect temporary water supply connection if, on inspection, it is observed that water is being wasted by negligence of the plot owner or the labour working in his plot. ### 152. Garbage disposal. - A removable garbage bin of specified material and size with a lid will have to be provided by the owners or occupiers and kept within the open space of the premises easily accessible to Government staff. Throwing garbage on street or on adjacent vacant area is strictly prohibited. ### 153. [Rules relating to open space regulation of Building where Block allotment is made and the Building or Buildings other than Residential Building or Buildings] [Substituted by Notification No. 227/MA/0/C-4/3R-8/2002 (Pt-I), dated 9.4.2010, for the words "Rules relating to open space regulation of Building where Block allotment is made."] . (1) Residential : \| \| \| \| \| --- \| --- \| --- \| \| (a) \| Front Space \| 2.00 metres fixed \| \| (b) \| Side Space \| 1.20 metres minimum on narrower side and 3.70 metres minimum on wider side \| \| (c) \| Back Space \| 7.00 metres minimum. \| Note. Covered area shall not exceed 40% of the gross area. (2) [Any plot of 8K or above] [Substituted by ibid, dated 9.4.2010, for the words Any plot of 4K or above.] for all other categories of buildings e.g. Office/ Hospital, Institutional, Commercial, Business, Assembly, Mercantile, Industrial, Storage [IT/ITES] [Inserted by Notification No. 479/MA/0/C-413R-8/2002 (Pt. I), dated 10.9.2007, w.e.f. 10.9.2007.] etc. shall comply with the following rules for obtaining building permit : (i) Maximum Ground Coverage 40%; (ii) [ minimum mandatory open space shall be as follows :] [[Substituted by ibid, dated 10.9.2007, w.e.f. 10.9.2007, earlier section read as follows : (ii ) FAR for road access of 9 metres, 10 metres and above 17 metres shall be 1.5, 2.5 and 4.0 respectively]] \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| Size of plot \| Front open space (in metre) \| Side open space (1) (in metre) \| Side open space (2) (in metre) \| Rear open space (in metre) \| \| [8k, 9k and 10k] [Substituted by Notification No. 227/MA/0/C-4/3R-8/2002 (Pt-I), dated 9.4.2010, for the words 10K.] \| 2 \| 4 \| 4 \| 7 \| \| 20k \| 3 \| 4 \| 4 \| 8 \| \| 30k \| 4 \| 4 \| 4 \| 9 \| \| Above 30k \| 5 \| 4 \| 4 \| 10 \| For plots of intermediate sizes, the amount of front and rear open spaces may be suitably interpolated; [Provided that the car parking shall be provided as per provisions of these rules, and a 'No objection' certificate shall be produced from each of the authorities as indicated below for construction of any non-residential building or buildings] [Substituted by Notification No. 227/MA/O/C-4/3R-8/2002 (Pt-I), dated 9.4.2010, for the words Provided that a No objection certificate shall be produced from the authorities as indicated below for construction of any building.] on any plot of 4K or above : (a) Directorate of Fire and Emergency Services, Government of West Bengal, (b) the Director of Factories of Industries, Government of West Bengal, (c) the West Bengal Pollution Control Board. (d) the West Bengal State Electricity Board or the Calcutta Electric Supply Corporation. whichever is applicable, and (e) Directorate of Public Health Engineering, Government of West Bengal. (iii) [ xxx ] [[Omitted by Notification No. 479/MA/0/C-4/3R-8/2002 (Pt. I), dated 10.9.2007, w.e.f 10.9.2007, earlier section read as follows : (iii) Statutory open Spaces (Open spaces around the building) For building below 18 m height Provisions of the rule 50 may be followed; For building above 18 m heightAll around set back of 6 m to be increased by 1 m for every 3 m height increase. Provided that a No objection certificate shall be produced from the authorities as indicated below for construction of office or hospital on any plot of 4 K or above : (a) the West Bengal Fire Services Directorate, (b) the Director of Factories or Industries, Government of West Bengal, (c) the West Bengal Pollution Control Board, (d) the West Bengal State Electricity Board, and (e) the Public Health Engineering Directorate, Government of West Bengal.]] (3) [ Notwithstanding anything contained in this rule, in cases of buildings other than residential buildings on a plot of 4K, 6K, and 7K, the requirements for residential buildings, as specified in these rules, shall be followed, and in case of Buildings other than Residential Building on a plot of 5K, requirement for residential building on a plot of 6K, as specified in these rules, shall be followed.] [ Inserted by Notification No. 227/MA/0/C-4/3R-812002 (Pt-I), dated 9.4.2010.] ### 154. Buildings on Plots meant for use in part as shops on the ground floor. (1) Shops of some approved categories only will be permitted in shop allowable plots. No area for shops dealing with building materials such as Cement, Steel, Brick, Sand, Lime, Soorkee and such edible items as meat, fish, vegetable, is permitted. The decision of the Authority as to whether a particular category of shop will be permitted or not will be final. (2) Shops as road-fronts only will be permitted. In corner plots, shops on one side only as shown in the layout plan will be permitted. Depth of shop room shall not exceed 20 ft from the front building line. (3) Minimum front opening of shop rooms shall be 3.04 metre (10'4'). The plinth of the shop room may be towered to 0.25 m notwithstanding anything contained in rule 115. (4) A cantilever verandah projecting up to the property line shall have to be constructed by the owners at the first floor level all along the road frontages of the buildings. The weather board will also have to be taken down from the above verandah to the height of 2.75 M (9'0') from the ground level. This verandah will not be considered in the calculation of FAR. (5) The plot-holder shall ensure that the portion of pavement or public road is not encroached with building materials used for construction. The Authority sanctioning the building plan shall have the right to disconnect the temporary water connection of the plot holder as allowed under cause (a) of sub-rule (4) of rule 151 and take such further action as may be considered necessary for the removal of the said encroachment. ### 155. Structural design. (i) Provisions of rule 86 in respect of proper structural design with seismic resistance for all structures beyond 10 m in height to be followed : Provided that in the case of any building exceeding 14.50 metres in height, the Board of Councillors, for reasons to be recorded in writing and with the previous approval of the Superintending Engineer of the Municipal Engineering Directorate, Government of West Bengal, having jurisdiction over the concerned municipal area may sanction those schemes as special cases if not otherwise covered by any law for the time being in force. The Superintending Engineer will make his recommendation on the basis of Structural Stability Certificate given by the empanelled LBA/Structural & Geo-technical Engineer and he will also consult the Land Use and Development Control Plan, if any, of the concerned municipal area before giving such approval. In such cases, the following shall be applicable in addition to other rules under the Act. The certificate of structural stability is to be furnished in the following manner by the empanelled LBA, Structural Engineer and Geo-technical Engineer. Certificate of Structural stability We hereby certify that the foundation and superstructure of the building proposed for construction on plot.............Street............Ward No.............. have been so designed by me/us will make such foundation and super structure safe in all respect including the consideration of bearing capacity and settlement of soil etc. Signature of LBA (Name, Address and Impanelment No.) ............................... Signature of Structural Engineer (Name, Address and Impanelment No.) ................................ Signature of Structural Engineer (Name, Address and Impanelment No.) All such technical personnel are required to be empanelled with the concerned Municipalities. In case, the system of Impanelment has not been introduced in any particular Municipality, the requisite certificate from the empanelled Structural Engineer and Geo-technical Engineers under Kolkata Municipal Corporation or any other Municipality may be asked for : (ii) for the protection provisions of rules 76 to 80 to be ensured; (iii) parking Space (off street); should be as per provisions laid down in rule 52 for all categories of building on plot area 4K and above. (iv) All tall buildings should be designed as green buildings with Carbon credit and provisions of Photovoltaic films for utilizing Solar. Energy, RINI-1, Sewage recycling, with dependency reduced to 50°A.on the external Power sources, using non-conventional energy potentialities. Provisions as per rules 169 to 174 are to be ensured in all cases wherever applicable. Part XI --------- Special Provision for Municipalities in the Hill Areas ### 156. Special Provisions. Notwithstanding anything contained elsewhere in these rules, the special provisions of this part shall apply only to the Municipalities or Notified Area Authorities in the hill areas and shall be construed to be in modification of, or to supplementing, the other provisions elsewhere in these rules in their application to the Municipalities or Notified Area Authorities in the hill areas. Anything not covered under the special provisions shall be guided by the provision made elsewhere in these rules or the Act, ### 157. Criteria of using a piece of land as a building site. (1) No piece of land shall be used as a building site, unless the Board of Councillors is satisfied that (a) land record is in conformity with the proposed construction; (b) the site of such building abuts an all weather public street or a projected public street or a private street or footpath or passage and is not less than 1.50 metres wide at any part; duly sanctioned and constructed and recorded in the Books of Municipality in accordance with the provisions of the Act or any other law in force immediately before the commencement of the Act : Provided that no building shall be erected so as to deprive any other building or building site of the means of access as specified above; (c) the site is at least 100 sq. metres in area: (d) the land is capable of being well drained by means of drainage facilities leading to the existing public drainage channel or jhora or under course of natural drainage line: (e) the site is reasonably secured from danger from hillside slips from above, below, or the sides; (f) the soil of the site is likely to sustain the construction of a building thereon; and for sites with inclinations of 30' and above or for proposed building above 6.5 metres in height or 500 sq. metres in coverage, such sustainability shall be justified, at the cost of applicant, by prior testing of soil and certification of stability of slopes and buildings conforming to the relevant codes of Bureau of Indian Standards including (i) BIS : 2070: IS Code of practice for design and construction of, shallow Foundation on rock; (ii) BIS : 3063: IS Code of practice for structural safety of building on shallow Foundation on rock; (iii) BIS : 4243 (Parts I & II) : Selection and development of site in hill areas-guidelines. Note. Detailed Geo-technical investigations, testing and certification, in such cases, shall be carried out by a competent geotechnical engineering organization or firm, recognised by the Board of Councillors. Explanation : Soil will also include rocks, boulders, laterite. (g) the building site does not contain any portion which forms a component of the open spaces prescribed under the regulations for any other building or building site thereof; (h) (i) no part of the land is located within 200 metres from the boundary of a sinking zone or probable slip zone, designated in a meeting by the Board of Councillors; or, (ii) within an area of distress or possible unequal settlements with wide fissures, regular cracks, faults, voids, rock, debris or landslides caused by subsidence or erosion, filling and disposal dumps including solid waste disposal or organic materials, or; (iii) it is located within an area showing high water table and fully saturated soils with a possibility of liquefaction and settlement on exposure to earthquakes or of water seepage in the foundations and erosion, or (iv) any other vulnerable area identified by the Board of Councillors, as unsafe for environmental, geological, ecological, wind, drain-age or any for other reasons; (i) no piece of land is located within five metres in any direction of the outside edge of such water courses; (j) adequate drainage measures and protection work as specified in rules 166 and 167 shall be taken by the applicant at his own cost if it is located on the permanent shadow zones of ridges and spurs or at the bottom of the valleys or gorges or located by nature of its orientation in a zone as identified by the Board of Councillors to be inadequately sunlit so as to make it unfit for human habitation, if any; (k) the site has not been subject to repeated blasting or, was a former quarry; (l) where the site is within five metres of any side of a tank, the owner will take such measures as shall prevent any risk of the drainage from such building passing into the tank; (m) where the site is within five metres of any side of a tank, water reservoir, jhora or natural spring, water source or natural drain or within two metres from either side of water pipe, sewer line and/or other underground utilities, the owner shall take such measures at his own cost, which shall prevent any risk of damage or landslide thereto by construction of such buildings. Note. The distance shall be measured from the outside edge of the jhora or drain or pipeline, as the case may be, on either side. In case of jhoras, such protection measure shall also have to be taken by the owner, at his own cost if the site is within 30 metres of jhora; (2) No piece of land located in Central business area as determined by the Board of Councillors or in sinking zone or areas of distress with cracks caused by subsidence or slides or any other areas identified by Board of Councillors, with reasons to be recorded in writing, shall be used as a building site without prior approval of the State Government. (3) No piece of land where a closed, sick or other industry was located or is in operation, shall be used as a site for construction of any building, other than an industrial building, without the prior approval of the competent authority appointed under clause (d) of section 2 of the Urban Land (Ceiling and Regulation) Act; 1976 (33 of 1976). ### 158. Application for approval of sites and for permission to construct or reconstruct buildings other than huts. (1) Before submission of the building plan, approval of the building site has to be obtained. Note. The applicant may simultaneously submit the site plan and building plan to the Municipality for approval at his own risk and cost, But the Municipality shall consider the building plan submitted for approval only after the site plan is approved. In case the site is not approved, the submitted building plan shall also be treated as not approved. (2) Application, under sub-rule (1) submitted in Form A, shall state inter aliathe proposed use of the land as per use group provided in the Act. (3) Every application, specified in sub-rule (1) shall be accompanied by a site plan in triplicate and the reports and/or recommendations of tests for soil and stability of slopes, as and where applicable under rule 157 together with a fee as specified in rule 4 The site plan shall be drawn to the scale of not less than one centimetre to six metres and shall be signed by the applicant and by the Licensed Buildings Surveyor or Architect as required under rule 161 with a certificate to the effect that the site has been inspected personally by the Licensed Building Surveyor or the Architect, as the case may be. (4) Every site-plan specified in sub-rule (3) shall show or state on the body o' the sheet showing the site plan the following 1 (a) the boundaries of the building site and of any contiguous land belonging to the owner thereof with number assigned to the plot or the premises; (b) the position of the building site in relation to neighbouring streets with dimensions; (c) the name of the street on which the building site abuts; (d) the position of the proposed building and of all other buildings including existing buildings (if any) which the applicant intends to erect upon his contiguous and referred to in clause (a) in relation to (i) the boundaries of the building site and, in case where the site has been sub-divided, the boundaries of the portion owned by the applicant and also the portions owned by the other owners, and (ii) all adjacent streets, buildings and premises within a distance of 12.00 metres of the building site and of the continuous land (if any) referred to in clause (a); (e) the use or occupancy of all the buildings; (f) the direction of North Point; (g) the means of access from the street to the proposed building and to all other buildings (if any) which the applicant intends to erect upon his contiguous land referred to in clause (a); (h) the schematic position and approximate height and the number of storeys of all other buildings within 12.0 metres from each side of the building site; (i) the free passage or way in front of the building; (j) the width of the street (if any) in front and at the rear of the building; (k) the means of drainage of the proposed building leading to existing public drains or drainage channels with their location in relation to the building site; (l) the means of drinking water supply to the proposed building indicating the source and the distance from the site including the route through which the pipeline will be laid, if piped water supply is envisaged; (m) the means of power supply to the proposed building on the site, indicating the route through which power supply will be achieved; (n) areas of distress; (o) such other particulars as may be specified by the Board of Council-lots; (p) the location of power line, water line, sewer line, natural drainage channel or jhora, road side drain, protective works; (q) location of land slides, if any, on or near the building site in hill areas detected during reconnaissance. The Board of Councillors shall cause to ensure that the building site is away from the slide zone or areas of distress; (r) on a sloping building site in hill areas, proposals for diversion of the natural flow of water coming from uphill side of the building away from the foundation. ### 159. Sub-division of plots. (1) No sub-division of any plot within the municipal area shall be undertaken without the prior approval of the Board of Councillors. (2) (a) A plot to be sub-divided shall be termed as mother plot; (b) every individual plot obtained by sub-division of the mother plot shall abut a means of access having width of not less than 2.00 metres; (c) this rule shall not apply to a scheme for Economically Weaker Section and Low Income Group Housing approved by the Government; (d) sub-division may be allowed on the condition that the following facilities shall be provided by the owner at his own cost to the satisfaction of the Board of Councillors : (i) Complete drainage facilities in accordance with provisions made elsewhere for the hill areas, ensuring drainage of each individual plot and of the means of access and passages leading to existing public drains or natural drainage channels, (ii) all weather means of access with related protective works, if necessary, along with street lighting, . (iii) sanitary facilities including sewage and garbage disposal facilities, (iv) water supply facilities, (v) electricity and telecommunication facilities, (vi) all individual plots as well as the means of access and infra-structure provided shall be accompanied by complete protective measures in accordance with provisions made elsewhere for hill areas in these rules, (f ) no permission for sub-division of a plot of land shall be granted unless each sub-divided plot is at least 80 sq. metres in area; (g) no sub-division of the plot shall be granted unless a detailed layout plan or the area proposed to be sub-divided is submitted before the Municipality duly integrating the site layout plan with the general use of the land in the adjoining areas. The existing street pattern as also other physical infrastructural facilities like drainage, sewerage, water supply, electric supply with location of high tension or low tension electric line with poles are also required to be shown. (3) The mother plot shall abut an all weather means of access conforming to the conditions specified below : (a) the means of access shall have a width of not less than 2.0 metres, for plots having an area less than 500 sq. metres and a width not less than 3.0 metres for plots having an area more than 500 sq. metres : Provided that an emergency vehicular access (minimum 3 m wide) shall be available within a distance of 100 m from the mother plot; (b) the minimum permissible width for any given length of means of access for sub-divided plots shall be as given in the following table : \| \| \| \| --- \| --- \| \| Length of internal road \| Minimum width of means of access \| \| Up to 25.00 metres \| 1.5 metres (pedestrian pathways only \| \| Above 25.00 metres up to 50.00 metres \| 3.0 metres \| \| Above 50.00 metres up to 100.00 metres \| 4.5metres \| \| Above 100.00 metres \| 6.0metres \| (c) Sub-division of a mother plot measuring more than 500 sq. metres in area shall only be allowed if a proportion of the total area of the mother plot is developed as public amenities or open space, as specified in the table below : \| \| \| \| --- \| --- \| \| Size of plot to be sub-divided \| % of area to be reserved for public amenities or open space (excluding roads) \| \| Above 2000 sq. metres and below 5000 sq.m \| 7.5 \| \| 5000 sq. metres and above \| 10 \| Note.- This shall be in addition to the land required for providing the means of access to the individual plots obtained by sub-division of the mother plot as specified in this rule. Moreover, each such space in a single parcel shall have minimum areas of 150 square metres and a minimum width of not less than 3.00 metres; and each such open space shall abut a means of access as specified in sub-rule (3) of this rule. (4) For mother plots measuring more than 5000.00 sq. metres in area, sub-division may be allowed if an additional five percent of the total area of mother plot is reserved for use or facilities like school, health centre, market, police outpost, milk booth, post office, power sub-station, transport terminal, water tank for fire fighting or water treatment plant, sewage treatment plant and the like. Such land shall abut a means of access as specified in this rule. This is in addition to the land necessary for means of access as specified in sub-rule (3) and for public amenities and open spaces specified in this rule. ### 160. Preparation of plan and supervision of execution of work. (1) Every owner who intends to erect, re-erect, add to, or alter, any building, shall get its plan prepared and structural work designed and supervised by an architect or structural engineer or litensed building surveyor or Geo-technical Engineer as required under rule 161. While .submitting the plan, the architect or licensed building surveyor or structural engineer or Geo-technical engineer shall certify to the effect that the site has been personally inspected by him while planning for the building and/or designing the structural members, as well as he has taken into account the findings and/or recommendations of stability analysis as well as soil tests performed as and where necessary under this rule. (2) In all such cases, the licensed building surveyor, structural engineer or Geo-technical engineer shall have to be empanelled with the Municipality. (3) The name, address and license or Impanelment number of the person so employed and serial number in the case of architect shall be stated in the application in respect of such building. (4) In case of site plans or building plans submitted by the Central Government or the State Government or by organization controlled by the Central Government or the State Government, the plans prepared and submitted under the signature of a Government engineer or Government architect, who are employees of the Central Government or the State Government or the organisation control by the Central Government or the State Government, sub-rule (1) shall not be applicable. ### 161. Engagement of technical personnel. (1) Every person who intends to erect, re-erect, add to, or alter, any building shall, subject to the provisions of the Act and these rules, engage, (a) for all building up to 6.50 metres in height, a technical personnel not below the rank of a licensed building surveyor for planning, designing and construction of the building foundation and superstructure, and for all buildings above 6.50 metres but below 13.50 metres in height and/or for erection involving piling works, deep foundation or construction of basement or any other underground structure thereto, a licensed building surveyor and/or an architect and a structural engineer and a geo-technical engineer for conducting soil test and other tests as required under rule 157(f), planning, designing and construction of the building foundation and superstructure; (b) a licensed building surveyor who shall have (i) a minimum Bachelor degree in Civil Engineering, Construction Engineering or Architecture from a recognised university or its equivalent qualification recognised by the Government and shall not have less than two years experience.in planning, designing and execution of building works including sanitary and plumbing works related to building under geo-technical condition similar to that of hill areas, or (ii) a minimum diploma in Civil Engineering or Architecture from a recognised university or its equivalent qualification recognised by the Government and shall not have less than five years experience in planning: designing and execution of building works including sanitary and plumbing works related to buildings under similar geo-technical condition similar to that of hill areas; (c) a Structural Engineer who must have a minimum Bachelor degree in civil engineering or construction engineering from a recognized university or its equivalent with at least five years experience (including two years in hill areas) in structural design; (d) a Geo-technical Engineer who must have a minimum bachelor degree in civil engineering or construction engineering from a recognised university or its equivalent with at least two years experience in soil engineering and foundation engineering under identical soil/ slope/geo-technical conditions. (2) The licensed building surveyor, the architect, the structural engineer and the Geo-technical engineer will work in association with one another and will be individually and/or collectively responsible for ensuring the safety of the building structure and its foundation. (3) The licensed building surveyor, structural engineer or a Geo-technical engineer is also required to be empanelled with the Municipality. Duties and Responsibilities of Licensed Building Surveyor, Architect, Structural Engineer, Geo-technical Engineers will be governed by rules 16, 17, 18 of these rules. (4) In case of death resignation or removal of Licensed building Surveyor, Architect, Structural Engineer or Geo-technical Engineer, as the case may be, a fresh engagement shall be made forthwith and shall be notified to the Chairman of the Municipality. No work shall be carried out till such engagement is made. (5) The validity of any engagement made under this rule shall lapse, in the case of an architect with lapse of validity of registration granted under the Architect's Act, 1972 (20 of 1972), or in case of a structural engineer and a geo-technical engineer with the lapse of impanelment, or in the case of a licensed building surveyor, with lapse of the validity of license. ### 162. Permissible height of building. (1) The maximum permissible height of a building as well as its permissible floor area shall be regulated by the width of the surrounding open space in the same holding plus the width of its means of access, depending on the type of building use as per the table below : \| \| \| --- \| \| Floor Area Ratio (FAR) \| \| Width of means of access plus width of front open space \| Up to 3.0 m \| 3.0-5.0m \| 5.0-7.5m \| Above 7.5m \| \| Residential \| 1 \| 2 \| 2.5 \| 2.75 \| \| Commercial, Public and other uses \| 1 \| 1.5 \| 2 \| 2.5 \| \| Maximum Permissible height \| 4.5m \| 6.5m \| 11.5m \| 13.5m \| Provided that in case a building is more than 11.50 metres in height, prior approval of the State Government is required to be obtained. Note. For buildings of residential (excluding a height of 6.5 metres), commercial, public and other uses, the means of access of at least 3 metre wide should be available within a distance of 100 metres of foot-path length from the proposed plot. (2) (a) The following appurtenant structures shall not be included in the height of the building : (i) stair cover not exceeding 2.40 metres in height; (ii) lift machine rooms as per the latest edition of the National Building Code; (iii) roof tanks and their supports, the height of support not exceeding 1.00 metres; (iv) chimneys; (v) parapet walls not exceeding 1.50 metres in height; (vi) ventilating, air-conditioning and other service equipment; (vii) height above mid-point between eaves level and ridge level; (b) The aggregate area of the structures mentioned in clause (a) shall not exceed one-third of the area of the roof upon which these are erected. (3) The Board of Councillors may, if necessary, restrict the height of building in any area within the municipal limits, below that provided in sub-rule (1) for reasons to be recorded in writing. ### 163. Ground coverage. The maximum permissible ground coverage for buildings when a single building is proposed for a plot shall be regulated by the plot size, depending on the type of building use as given in the table below : \| \| \| \| --- \| --- \| \| \| Plot size \| \| \| Maximum permissible ground coverage \| \| \| 100-400 sq.m \| 400-1200sq.m \| Over 1200sq.m \| \| Residential and Educational uses \| 70% \| 60% \| 50% \| \| Commercial, Public and other uses \| 60% \| 50% \| 40% \| ### 164. Open spaces for building. (1) The following shall be the open spaces of the buildings : (a) every room intended for human habitation shall abut an interior open space or exterior open space or an open verandah open to such interior open space or exterior open space. Open spaces shall be areas forming integral parts of the plot at ground level and shall be open to sky without any projection or overhang excepting cornices, chajjas or weather-shades of not more than 0.50 metre width; (b) every building shall have exterior open spaces comprising front open space, and side open spaces. The minimum width prescribed for front open space, rear open space and side spaces shall be provided along the entire front, rear and side faces of the building respectively. For this purpose the front of the building shall be that face of the building which faces the means of access of the building and the rear of the building is that face of the building which is farthest from the means of access. These provisions shall also be applicable to each individual building separately when a plot contains more than one building. In the case of a corner plot located at the crossing of more than one street or passage, the rear of the building shall be deemed to be that face of the building which is farthest from the widest of all such streets and/or passages; (c) open spaces prescribing to one site cannot be taken for another site. No building shall at any time be erected on any open space prescribed in this rule for a building and form part of the site thereof, nor shall such open space be taken into account in determining the area of any open space required under these rules for any other building; (d) if the front open space is 3.00 metres or more in width, a Gate Goomti for security purpose may be allowed in the said open space. The covered area of such Goomti shall not in any case exceed 3.00 sq. m. and the height of such Goomti shall not exceed 3.00 metres. The covered area of the Gate Goomti shall not be included in calculation of ground coverage. (2) The minimum front open space, rear open space and side open space shall be provided along the entire faces or sides of the building as given in the table below : \| \| \| \| --- \| --- \| \| \| Minimum width of open space in metres \| \| \| Front \| Rear \| Side \| \| Residential and Educational uses \| 1.5 \| 1.5m \| 1.5m \| \| Commercial, Public and other uses \| 2.5 \| 3.5m \| 3.5m \| Provided that the minimum clearance, on all the sides between a building wall and the toe of a retaining or other protective wail shall be 1.50 metres, except on the side where the septic tank shall be installed, in which case, the minimum clear distance of 2.1 metres shall be provided : Provided further that for mixed use buildings, the minimum front open space shall be the one applicable for that particular occupancy which gives the provision of the minimum front open space in these rules : Provided also that for a building of more than 11.00 metres in height, the minimum open spaces provided in this rule shall be increased by 0.3 metre in all cases. (3) Notwithstanding anything contained elsewhere in this rule in the case of a building with a septic tank, a side open space of 2.1 metres shall be provided on any one side of the building for the provision of the said septic tank. (4) In the case of a building more than 25.0 metres in depth, a passage of width not less than 3.5 metres shall be provided along the entire depth of the building. (5) For plots of size not more than 65 (sixty-five) sq. metres, minimum side space of 0.90 metre may be allowed on each side provided the building height does not exceed 6.5 metres. Explanation : (i) Notwithstanding anything contained in this rule, the minimum distance across the side open space from every new building to an existing building with a door opening or window opening shall be 1.80 metres; (ii) Notwithstanding anything contained in this rule, the minimum width of side open space for an industrial or storage or mercantile (wholesale) building shall be 3.50 metres; (iii) In the case of a building more than 24.00 metres in depth on a plot abutting any street, a passage along the entire depth of the building shall be provided and the minimum width of such passage shall be 4.0 metres. (6) The interior open space shall be as follows : (a) for inner courtyard, in case the whole of one side or part of at least two sides of every room excepting bath, water closets and store-room is not abutting either the front open space, rear open space or side open space, it shall abut an inner courtyard whose minimum width shall be 30% of the height of the building or 3.00 metres, whichever is more. (b) for ventilation shaft, that is to say, for ventilating water closet. bathroom and kitchen such water closet or bath room or kitchen if not opening to front open space, side open space, rear open space or interior open space, shall open on to a ventilation shaft, the size of which shall not be less than the values given below \| \| \| \| \| --- \| --- \| --- \| \| Height of the building (Metres) \| Minimum area of ventilation Shaft(sq. Metres) \| Minimum width of shaft (metres) \| \| Up to 11.50 \| 1.5 \| 1 \| \| Above 11.50 but not more than 12.50 \| 3 \| 1.2 \| Note. No chajja shall be allowed in the ventilation shaft unless the width of shaft is 2.40 metres or more. (c) the minimum width shall not be less than 20% of the height of the building or 2.50 metres, whichever is more. (7) The service rooms shall have access by means of two passages of staircases, providing access and exit from higher and lower level floors, the width of which shall not be less than 1.2 metres and the slope shall not be steeper than one 1:1 and so located that the travel distance on any floor up to any such access or exit is not more than 15.0 metres. (8) Mezzanines are to be used strictly for purposes other than habitation or kitchens and eating places and may be provided between any two floor and shall be permitted with a minimum clear height at every part of at least 2.0 metres measured from the floor to the lowermost point on the underside of the roof, slab, beam or false ceiling. The area of such mezzanines shall be included in floor area in all calculations. ### 165. Access, circulation and parking. (1) Every plot shall abut a means of access which may be a public street or private street or passage, the minimum width of which shall be as specified in rule 157(1)(b). (2) No building which in full or part is put to assembly occupancy for the purposes of theatre, motion picture house, city hall, skating-rink, auditorium exhibition hall or for similar other purposes shall be allowed on a plot located with n 50 metres of the junction of two streets, the width of which is minimum of 8 0 metres or less. (3) Every building on a plot having more than one building shall abut an internal road connecting the means of access of the plot and such roads shall conform to the requirements of internal roads specified in rule 159. (4) Number of Car Parking Spaces as per Covered Area of plot and Use Group shall be as follows : \| \| \| \| --- \| --- \| \| Residential and Educational uses \| 1 Car Space per 300 sq. metres \| \| Commercial , Public and other uses \| 1 Car Space per 200 sq. metres \| Note. In case of a plot having more than one building or use, parking requirements shall be calculated according to the proportionate floor area of each building or use group, as the case may be. (5) For plots abutting non-vehicular means of access less than 3.0 metres in width, car parking space need not be provided within the plot area but space with vehicular access has to be identified and owned by applicant for the required parking or garage space, as per this rule. (6) The parking space for each vehicle shall be accessible from the means of access, either directly or through a driveway or internal circulation, aisle, the width of which shall not be less than 3.5 metres for cars and 5.0 metres for trucks and the gradient of which shall not be more than 1 : 6. (7) The minimum size of a car parking space shall be 2.50 metres x 5.00 metres and that for a truck or bus parking space shall be 3.75 metres x 10.00 metres. These spaces do not include the area of circulation, internal roads, aisles and driveways, and standards for these shall be guided by provisions in the National Building Code. (8) No garage for cars shall be less than 2.5 metres x 5.0 metres (clear size) with a minimum head room of 2.25 metres and no garage for trucks shall be less than 3.75 metres x 10.00 metres (clear size) with a minimum head room of 3.50 metres. (9) (a) An internal road must be so constructed as to have a slope inwards towards the hillside. Such slope must be not less than the gradient of the road; (b) Where required, the inner and outer edges of an internal road must be protected by protective walls of such number and placed in such positions as the Board of Councillors may direct and constructed in accordance with the specifications in this rule. ### 166. Drainage measures. (1) (a) An open drain must be provided on the inner side of an internal road, constructed in accordance with the specifications in this rule. (b) An effective slope and drainage system shall be maintained at all times on the developed ground after slope cutting or filling, during and after development as per this rule on any site; (c) The drainage system shall efficiently collect and carry away from the site the water collected within the premises of the building complex or from the hillside above for suitable disposal as quickly as possible to water courses such as main drains or natural streams/jhoras without stagnation avoiding any possibility of erosion, slope failure, damage to the building or other property in the vicinity. (2) (a) Proper slopes, not less than 1 : 60 shall be maintained all around a building for quick drainage of the entire plot as provided in this rule. Note.The possibilities of erosion or ground failure through ingress and percolation of water into soft ground or through joints and fissures in the soil crust shall be prevented by suitable surface protection measures such as surface grouting, stone pitching, planting of small plants and grass, so as to protect and make the surface impervious in accordance with the provisions of the BIS Codes, specially the minimum distance from provision required to be maintained for planting trees; (b) The flow of water, particularly on the upper side of the building, shall be diverted away from the foundations through suitable lined or unlined drains; (c) Drains for sullage or rain water must be constructed with round or half round tiles embedded in concrete, or with V-shaped stone masonry set in lime mortar and plastered over the inner surface with Portland cement, or with V-shaped stone concrete and the sectional area of every drain shall be subject to the approval of the Municipality; (d) Drains for surface water may be constructed only either of dry rubble masonry or of any other material approved by the Board of Councillors, and may be either rectangular or V-shaped in section. Such drains shall not be connected with any drain carrying sullage water or sewage; (e) Except with the written permission of the Board of Councillors, no covered drain shall be constructed and no existing open drain shall be covered in; (f) No building shall be placed to cover any drain; (g) Where a small drain is crossed by a private road, a removable R.C.C. slab cover or wooden grating or iron grating, if the Board of Councillors so direct, must be laid over the drain instead of a covered culvert. (h) Drains must discharge into the nearest water channel or public drain, unless in any case the Board of Councillors otherwise direct. The outfall of a drain into a water channel or public drain must be protected and guided in such manner as the Board of Councillors may direct. Where the drain of a private road joins the drain of a public road, the former drain must be so directed or so protected by strike-boards as to minimise the risk of damage to the public drain or road. Filters may also be provided where necessary; (i) Every building must be constructed so as not to project over, or admit of water from the roof falling upon or damaging any open space, road or passage it abuts, whether public or private; (j) Every building shall have rain water gutters and pipes connected to a drain along the periphery of a building; (k) A masonry drain must be placed round the periphery of every building or block of buildings, sufficient in section and slope to the satisfaction of the Municipality for the effectual drainage of the building and be placed as to admit the drainage being led into some drain at the time existing or projected; (l) The surrounding ground adjacent to the building must be sloped from all sides towards the perimeter drain and an impervious apron, not less than 0.75m wide, shall be provided all round the building to prevent the entry of water into the foundations. (3) (a) Septic tank soak pits shall be so located so as to be easily accessible from the means of access to the plot; (b) soak pits may be constructed on the side of buildings at right angles to the slope of the land and from the building foundations. There shall be a minimum clearance of 2.1 metres between the foundation and the soak pit to minimize the chances of dampness and slope failures due to seepage from the soak pit. (4) (a) A private bridge must be constructed as and where necessary to the satisfaction of the Municipality so as to leave sufficient waterway to pass the maximum discharge of the channel spanned by the bridge. (b) The invert of the channel under a private bridge must be laid to the same slope as that of the channel; (c) When a pocket for the deposit of debris is cut in the hillside above a private bridge, it must be lined with masonry walls unless constructed on solid rock. ### 167. Protective work in hills. (1) The cutting of slopes in the creation of steps and terraces for development work shall be carried out while ensuring the stability of excavations to provide for the safety of the buildings located and constructed thereon in accordance with the provisions in the BIS Codes. (2) Local ground conditions shall be taken into account in the determination of the appropriate precautionary work and protection walls such as revetments, retaining walls, toe walls and breast walls as well as the specifications of the relevant codes of practice of the Bureau of Indian Standards including BIS 14243-Part I & II Selection and development of site for building in hill areas guidelines. (3) (a) The maximum height of cutting for development work as per soil strata shall be as given below : \| \| \| \| --- \| --- \| \| Loose soil or boulders with soil matrix \| 4m; \| \| Compact soil or boulders with matrix overlaying loose, soft, fractured of firm hard rock strata which remains vertical in 4m high cutting when dry \| 6m; \| \| Hard stable rock with or without compact soil or boulder with soil matrix up to 2 m thick \| 8m; \| (b) Cutting of slopes over a height of 6.0 metres shall not be ordinarily permitted, excepting with the special approval of the Board of Councillors. (4) (i) The foundation of every protection wall must be taken down to original and firm soil or rock, have a bedline cut at right-angles with the face of the wall and a slope of 3 : 1 towards the hillside; (ii) (a) Where a protection wall does not exceed 6.0 metres in height and is not surcharged, the mean thickness of the revetment or wall above the footings shall not be less than one-third of the vertical height of the revetment or wall, measured from the top of the footings, (b) Where a protection wall does not exceed 6.0 metres in height and is surcharged, the height assumed for the determination of mean thickness of the revetment or wall above the footings, shall be one and a half times the actual vertical height : Provided that the width at the top shall in no case be less than 0.5 metre and shall not in any case exceed 1.0 metre. (c) No structure shall be allowed to be raised from the top of the retaining wall or protective wall; (iii) (a) A protection wall may be of dry rubble masonry, or cement masonry as per the directions of the Board of Councillors, (b) Dry stone masonry protection walls shall include cement ma-sonry bands in 1 : 4 cement sand mortar of 0.4 to 0.6 metre thick at top and bottom, and vertically at 3.0 to 5.0 metres spacing, (c) No stone used shall be of greater height than its length or breadth. All stones used must be laid on their natural beds, and must be arranged so as to break joint. (d ) Every protection wall must be built up solid to full section and spawls or chips shall not be used for filling the courses unless their use is unavoidable; (iv) One thorough bonding stone or line of bonding stones must be inserted at intervals at 1.50 metres in each course and at points intermediate between the corresponding bonding stones of the course below. Note. Any of the bonding stones which do not extend right through the wall must overlap each other of one-third of their length. (v) (a) Special investigations and analysis shall be carried out to determine the details of protection works in the case of R.C.C. retaining walls or protection walls on steep cut slopes greater than 6.0 metres in height, or in case of fine soils like silt, clay or shales, (b) In all such cases, detailed designs must be submitted to the Board of Councillors and the sections must be such as the Board of Councillors may approve, (c) Protection walls of height more than 6.00 metres and successive retaining walls shall only be permitted when there is hard stable rock behind and below the toe of the said wall as permissible under relevant BIS Code of Practice; (vi) The height of cutting for any step of a stepped building shall not be more than 4 m and successive protection walls shall only be permitted when there is hard stable rock behind and below the toe of every such wall; (vii) (a) Weep-holes shall be provided in breast walls and retaining walls equipped with graded filter for proper drainage at intervals of 1.2 metres horizontally and 1.2 metres vertically in a staggered manner and beginning from 0.20 metre above ground level, (b) Water along the base of a breast wall and retaining wall shall be drained out by means of a suitable lined drain forming an integral part of the drainage system as specified in rule 166; (viii) When a slope determined to be vulnerable to a debris slide in pursuance of any requisition or direction made or given by the Board of Councillors, the angle of a slope shall be reduced to an angle of not more than 30' to the horizontal plane through trimming or cutting to make the slopes stable along with minor protection both for soil and building work. Note. Any barren surfaces above a cut slope shall be planted with selected varieties of light but deep rooted bushes, shrubs and grass to check soil erosion and improve the stability of the slope, in pursuance of any requisition or direction made or given by the Board of Councillors. Part XII ---------- ### 168. Special conditions. (1) (a) Additions to existing buildings shall be permitted only in the case of structurally sound structures with a record of the complete details pertaining to the soil or stability materials and system of construction; (b) The total floor area, height and ground coverage after addition to an existing building shall not exceed the provisions of maximum permissible floor area, height and open space as per the criteria specified in the rules 162, 163, 164 and other relevant rules, while additions to an existing building shall further conform to the provisions for front, rear and side setback as specified in these rules. (2) In the case of multiple buildings in a plot, open space shall be set aside for the purpose of public and community activity in addition to the provisions for open space and for providing the means of access as specified in these rules. (3) Every building erected or re-erected must have such structural and architectural features as to prevent the building being in the opinion of the Board of Councillors, unsightly or unsuitable to its surrounding. If the roof or walls of any building are, in the opinion of the Board of Councillors, in an unsightly condition they may by written order direct the owner to repair, paint or colour-wash such part of the building as they may direct within the period specified in the order. (4) The foundations of all buildings or parts must rest on solid ground or rock and have width and depth suitably designed according to the distribution of the soil and hard rock strata in different parts of the foundation and have dimensions worked out "as per the permissible safe bearing capacity and other consideration in accordance with relevant Codes of Practice of BIS. The depth below the ground level shall not be less than 2.0 metres in the case of R.C.C. Column footings and 1 : 2 metres in the case of all other foundations. (5) Every building or part thereof shall have continuous foundation walls, extending below ground level as specified. All openings in such walls or in floors, walls, windows and drains and all junctions between building parts shall be tightly closed or effectively secured with pest-proof screening materials as approved by the Board of Councillors. (6) The party-walls of a masonry or framed building or the end wall of a ferro-concrete building must be built of stone or brick bedded in lime or cement mortar for their full height and if the Board of Councillors so direct, must be carried up to a thickness of not less than 0.25 metre above the roof, flat or gutter to such a height as will give a distance of at least 0.5 metre measured at right angles to the slope of the roof above the highest part of the roof, flat or gutter. (7) (a) Individual columns of all RCC framed buildings shall in the case of stepped foundations, be interconnected in two directions, at right angles, by RCC beams at the footing level, designed in accordance with BIS Codes of Practice; (b) Individual column of all RCC framed buildings as well as all external and internal walls of a load bearing structure, shall be interconnected in two directions at right angles by RCC beams at plinth level adequately designed in accordance with BIS Codes of Practice; (c) There shall be adequately designed RCC lintel bands in all external and internal brick and stone masonry walls at vertical intervals not more than 0.9 metre. These shall be continuous and connected to each other at the same level in the case of all load bearing walls and tied to the columns in case of RCC framed structures. (8) No building shall be altered so as to reduce the number, width or location of exits to less than what is required under the criteria specified in these rules. (9) If any car parking space is required to be provided under the criteria specified in these rules and no such car parking space can be provided in such existing building, the floor area allowable under the provisions of these rules shall be reduced by the area required for such car parking spaces which cannot be provided for in the said building. (10) No building shall be erected or re-erected in any locality, if the Board of Councillors at a meeting records in writing that the proposed construction, either by reason of the nature of its construction and location or by reason of the uses to which it is intended to be put, is likely to affect prejudicially any existing building in the locality by reducing its market value or by diminishing any advantage it enjoys on account of its situation or otherwise. (11) The Municipality may decide the widths of buffer zone upslope and down slope of National Highways and State Highways where no new construction or addition or alteration to any existing structures or change of use will be allowed. (12) The minimum widths for corridors within the buildings shall be as follows : \| \| \| \| --- \| --- \| \| Residential tenement (internal) \| 0.9 metres; \| \| Mercantile, Business and Assembly buildings \| 2.0 metres; \| \| Access to shop in mercantile buildings: \| \| \| Shops on one side only \| 2.0 metres; \| \| Shops on both sides \| 3.0 metres; \| Note. The width of all other corridors and those connecting vertical exits to individual units shall .not be less than the width of the corresponding staircases as specified in these rules. (13) Rain Water Harvesting (Roof Top Rain Water Harvesting (RWH) Roof top RWH system shall form a part of all buildings and shall have to be included in the plan in a distinctive manner. (14) Solar PanelProvision for use of solar energy in the form of solar heater and / or solar photo cells may be included in the Building Plan. Note,If solar energy system is proposed. in any building, an incentive to the tune of 10% reduction in the building plan sanction fee may be allowed. (15) Maintenance of building Provisions of rule 170 of these rules to be followed. ### 169. Old and Insecured Buildings. (1) Old Buildings of the Municipal area which are of age of more than 50 years or have been damaged by natural force like earthquake, fire etc. and which are partly or fully occupied by tenant will get special consideration in respect of their reconstruction as per opinion of the Board of Councillors provided the applicant is fully agreeable to rehabilitate all the tenants after reconstruction by providing the equivalent area under his possession before construction or other wise upon mutual settlement with the tenants. (2) Reconstruction under sub-rule (1) may also be permitted in cases where owner or owners of more than one plot apply for such consideration upon all such plots being amalgamated and mutated as per law. Explanation : For the purpose of this rule 'special condition' shall be the consideration of reduction of mandatory open spaces, allowing the Extra Height. FAR, Ground Coverage, Car Parking provisions and other rules as will be found necessary as per opinion of the Board of Councillors. ### 170. Maintenance of Buildings. (1) In case of buildings older than 20 years, it shall be the duty of the owner of a building to get his building inspected by an Empanelled Structural Engineer (ESE) within a year from the date of coming into force of these rules. The structural inspection report shall be produced by the owner to the Municipal authority. If any action for ensuring the structural safety and stability of the building is to be taken, as recommended by ESE, it shall be completed within stipulated period as may be specified by the ESE. (2) Structural safety certificate from an empanelled structural engineer after every 6 years for buildings older than 20 years is to be produced by the owner at the time of general revaluation of the building. ### 171. Rain Water Harvesting and Tree Cover. (1 ) (a) Roof top RWH system shall form a part of the building and shall have to be included in the building plan, either for direct use of the rain water or for ground water recharging, or both, applicable in case of new building or any new housing complex or expansion of any existing building or housing complex. (b) If RWH system is proposed in any existing building or housing complex not covered under above provision, an incentive to the tune 15% reduction in the building plan sanction fee may be allowed. (2) Provision for Tree Cover shall be included in the site plan, (I) for any housing complex covering a total floor area of 6000 sq. metre or more, the applicant shall arrange for raising and maintenance of tree cover at their own cost which shall be at least 15% of the land area within the mandatory open space of the premises. (ii) for any other housing complex having lesser total floor area, the tree cover shall be reduced proportionately in the perspective of clause (i) of this sub-rule. ### 172. Waste water recycling. Waste water recycling system shall be incorporated in all buildings including group housing having a minimum dis-charge of 40,000 litres and above per day for flushing of toilets/Gardening/car washing etc.. ### 173. Provisions for physically handicapped/disabled personnel. Not-withstanding anything contained elsewhere in these rules, there shall be provisions in the building plans of public utility buildings for disabled friendly devices like ramps with railing, toilet and drinking water facilities, Braille or Auditory signals in all lifts in accordance with the provisions of Disabilities Act, 1995. Barrier free entry of disabled persons into departmental stores, theatres, with wheel chair, shall be ensured. ### 174. Provision for use of Solar Energy. Provision for use of solar energy in the form of solar heater and / or solar photo cells shall be included in the Building Plan in case of any new building exceeding 14.5 m in height or expansion of any existing building causing height to exceed 14.5 m. If Solar Energy system is proposed in any building not covered under above provision, an incentive to the tune 10% reduction in the building plan sanction fee may be allowed. ### 175. No objection from authority. No Objection Certificate, if any, must be obtained by this office authority and shall be accompanied with the application for obtaining building sanction plan. Form A (See rule 4) Application for approval of a site for a Building .........................(Name in full in block letters) .........................(Address) To The Chairman, .....................Municipality/Notified Area Authority/Industrial Township Authority Sir, I/We hereby give you notice that the Premises No./Holding No................in ..................Street.............Ward/Circle........................will be used in future as Residential/Commercial/Industrial/Others (specify) and I forward herewith a site plan and building plan (in case of hill area) in triplicate of the land for your approval (along with the fee determined by the Municipality) as prescribed in rule 4 of the West Bengal (Municipal) Building Rules, 2007 under the West Bengal Municipal Act, 1993 (West Bengal Act )0(11 of 1993). The reports/recommendations of the soil test and test for stability of slope as required under rules 14 and 157 are also attached herewith. I request that the site may be approved. Certified that the site has been inspected personally by the undersigned and the structural design including that of foundation has been made on the basis of recommendations/findings of the Geo-technical engineer. Certificate to be incorporated and signature of : Yours faithfully, ............................. Signature of Owner/Owners Dated : ....................... Architect/Licensed Building Surveyor Structural Engineer (if applicable under rule 15) Countersigned Geo-technical Engineer (if applicable under rule 15) \Strike out if not applicable. Form B [(See rule 11(3) ] Application for Permission to Construct or Reconstruct, Addition to, or Alteration of Building Office Use Application No. RB/CB/IB/ PB....................... Date.................... From............................................Name in full in block letters) .................................................................(Address) Phone No.............Fax No...........E-mail.........Date............... Purpose of construction : Residential/Commercial/Industrial/Others (specify) To The Chairman, ...................Municipality/Notified Area Authority/Industrial Township Authority Sir. I/We hereby give you notice that I / we intend to undertake the work as specified above at premises No./Holding No...................in..................Street Ward/Circle...............under rule 11(2) of West Bengal Municipal (Building) Rules 2006, I / We hereby request you to grant us necessary Building Permit under rule 21 of West Bengal Municipal (Building) Rules, 2007. In accordance with provisions of the West Bengal Municipal (Building) Rules, 2007, I forward herewith (a) approved site plan of the land; (b) a plan in triplicate showing elevation and sections of the proposed building together with a specification of the work (in case of a building under the Salt Lake Township under Bidhannagar Municipality or Nabadiganta Industrial Township Authority the provisions of rule 96(a) has to be followed); (c) statement of particulars (Annexure); (d) water supply and sewage disposal plans; (e) copy of the possession certificate; (f) five copies of sewage and water connection plan as per rule 96(b); (g) reports of soil test or test for stability of slope as per rule 157; (h) detailed calculation of structural design as per provision in these rules; (i) current paid up Municipal Tax receipt; (j) clearance certificate/application copy from U.L.C. Branch of Urban Development Department of the Govt. of West Bengal (if applicable); (k) no objection of West Bengal Fire and Emergency Services Dept. (if applicable); (l) indemnity Bond (As per form No. L); (m) copy of Deed and Deed plan; (n) registered Undertaking for common passage (if applicable); (o) power of Attorney (if applicable); (p) sanctioned plan in case of any existing structure; (q) FAR Calculation Sheet (if applicable). I request that the plan may be approved and that the permission may be accorded to execute the work. Please [Strike out if not applicable] note that I am also enclosing herewith the documents as desired by you as per instruction. Certificate to be incorporated and signature of Yours faithfully, ................................ Signature of Owner/Owners .............................. Architect/Licensed Building Surveyor ................................ Structural Engineer (if applicable under rule 15) Countersigned Date : Geo-technical Engineer (if applicable under rule 15) I/We [This declaration is not necessary for the Salt Lake Township.] hereby declare that I/we am/are the owner/owners of the property to be built upon and the copy of the registered deed of the land or other documents in support of ownership/ownerships of land are submitted herewith. That the aforesaid plot of land is the only plot of vacant land held by me/us in any of the urban agglomerations covered under the Urban Land (Ceiling and Regulation) Act, 1976 and that extent of that plot is within the ceiling limit on vacant land imposed by the said Act; That [This declaration is not necessary for the Salt Lake Township.] I do not hold any other vacant land or any other land with building with a dwelling unit therein in any of the urban agglomerations referred to the said Act; That [This declaration is not necessary for the Salt Lake Township.] in the event of the aforesaid plot of land being declared as excess by the competent authority under the Urban Land (Ceiling and Regulation) Act, 1976, I shall abide by the decision of the competent authority under that Act. Certificate of Engagement : Certified that I/we have been engaged as licensed Building Surveyor/Structural Engineer/Geo-technical Engineer for the proposed building at premises No.....................by the owner(s) ...................for planning, designing, supervision and completion of the work as per rule 15 of the West Bengal Municipal (Building) Rules, 2007. We undertake to work in close association with each other and will be individually and/or collectively responsible for ensuring the safety of the building as a whole; Certified that the site has been personally inspected while planning the building and/or designing the structural members, as well as has taken into account the findings of/or recommendation of stability analysis as well as soil tests performed as and where necessary under these rules. ......................... Structural Engineer (if applicable under rule 15) ........................... Signature of Architect/LBS ........................... Geo-technical Engineer. (if applicable under rule 15) Certified that this certificate duly signed by the concerned technical personnel has also been incorporated on the body of the building plan. Name.......................... Signature of Owner/Owners ........................... Full Postal Address...................... Date.................................. Date:....................... Annexure of Form B (Statement of Particulars and Specification) \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| 1. \| Holding No. \| …..................................... \| Ward No. \| …......................................... \| \| 2. \| Premises No. \| \| \| 3. \| (i) Name of Owner(s) \| …....................................................................... \| \| (a) Phone No.…......................................................................................................... \| \| (b) Address :….......................................................................................................... \| \| (ii) Name of the applicant: \| …......................................................................... \| \| Status : Owner, authorized by power of attorney, others \| ….................................................. \| \| 4. \| Name of Architect/Licensed Building Surveyor: \| \| \| Class.......................... \| No............................. \| Phone No.......... \| Fax.................. \| E-mail.............. \| \| Address:.................................................................................................................................... \| \| 5. \| (a) Name of Structural Engineer (if applicable).......................................................................... \| \| Class..........................No.................Pone No....................Fax........................E-mail................... \| \| Address:.................................................................................................................................... \| \| (b) Name of Geo-technical Engineer (if applicable)............................................................... \| \| Class: …................................................No...................................... \| \| Address.......................................................................................................................................... \| \| Phone No......................................Fax No..............................................E-mail.............................. \| \| 6. 1. \| (i) Area of land: \| \| (a) As per Deed (m2) \| \| (b) As per Physical Measurement (m2)....................................................................................... \| \| (ii) boundaries of site on North............................................................................................ \| \| South …........................................................................................... \| \| East …........................................................................................... \| \| West…........................................................................................... \| \| 6.2. \| Nature of land whether solid .filed up part water body, if water body specify the area both on solid land and water body......................................................................................... \| \| 7. \| (a) Proposed Height of the building................................................................................................... \| \| (b) No. of stories:............................................................................................... \| \| 8. \| Width of means of access: \| \| (a) Municipal road:.................................................................................................. \| \| (b) Private road/Common passage ( as per deed/Documents):........................................... \| \| (c) Alignment (if any)................................................................................(Prescribed/proposed). \| \| Width of alignment :..................................................................................................(m) \| \| 9. \| Junction distance (for assembly use only)...........................................................................(m) \| \| 10. \| (a) Principal occupancy:.................................................................................................. \| \| (b) Other occupancy/occupancies.................................................................................................. \| \| 11. \| Whether the existing premises Is rented : Yes/No. \| \| 12. \| Whether the proposal involves new construction/Horizontal addition/vertical addition by demolishing the existing structure:.............................................................................................. \| \| 13. \| Height of the adjoining building/buildings: \| \| North......................(m) South …....................(m) East.........................(m) West........................ \| \| 14. \| Total area of (i) Stair cover..............................................................................(m2) \| \| (ii) Lift machine Room.............................................................(m2) \| \| (iii) Roof Tank............................................................(m2) \| \| (iv) Total Roof Area............................................................(m2) \| \| (v) Total Loft Area............................................................ \| \| (vi) Other Structure............................................................(m2) \| \| 15. \| Ground Floor Area:................................................................................................................... \| \| 16. \| Main Characteristic detail of building \| \| Sl. No. \| Items \| \| Proposed Value \| Permissible value \| Remarks \| \| (a) Height of the building (m) \| \| (b) Front open Space (N/S/ES) \| \| (c) Rear open Space (N/S/ES) \| \| (d) Front open Space (N/S/ES) \| \| (e) Front open Space (N/S/ES) \| \| (f) Interior Open Space: \| \| (I) Inter Courtyard \| \| (ii) Outer Courtyard \| \| (g) Ground Coverage:(i) Area M2 \| \| (ii) Percentage \| \| (h) Floor Area ratio (FAR) \| \| (I) Total covered area in all floors (m2) \| \| (j) service area in ground floor (m2) \| \| (K) Basement area (m2) \| \| (l) Mezzanine floor (m2) \| \| (m) Stair Case: (I) Number \| \| (ii) Minimum width of each flight (m) \| \| (iii) Area of stair case including landing in each floor \| \| (n) Escalator: (i) Number \| \| (ii) Size \| \| (o) Lift: (i) Number \| \| (ii) Size \| \| (iii) Height of the Lift Machine Room \| \| (iv) Size of the Lift Machine \| \| (v) Area of Lift machine Room with Lift Landing Lobby in each floor \| \| (p) Addition and Alternation work \| \| \| \| \| Area (m2) \| Parking Required \| Parking Provided \| \| (i) Existing floor area \| \| (ii) Proposed floor area \| \| (iii) Total floor area \| \| (q) Width of ramp \| Slope of ramp \| Area of ramp \| \| (r) Width of driveway \| \| (s) Ventilation shaft: \| \| (i) Area \| \| (ii) Minimum Width (m2) \| \| (iii) Service door provided in shaft \| Yes/No \| \| (t) Parking space as per rule 52 \| Required No. of car parking required No. of Bus/Truck Parking \| Parking Provided \| \| Open \| Covered \| \| Open \| Covered \| \| (u) Occupancy or Use group \| \| (i) Residential \| \| Total \| \| (ii) Other uses: \| \| Type \| Area \| % Covered \| Proposed \| Remarks \| \| (a) Residential \| \| (b) Educational \| \| (c) Institutional \| \| (I) Assembly \| \| (ii) Mercantile(RST) \| \| (iii) Storage \| \| (iv) Industrial \| \| (v) Business \| \| (vi) Any other use \| \| 17. \| Proof of ownership (whether it is Deed of conveyance/Gift/Lease/Record of rights (Parcha) /Partition/Exchange/will and Probate or other documents and mutation certificate issued by municipality/others. \| \| 18. \| In case where applicant is Government/Semi-Government or Statutory body to worm the land was given by L.A Collector-Allotment and possession letter along with site plan, land area and boundary. \| \| 19. \| The materials to be used as specification of the construction: \| \| (a) Foundation \| \| (b) Floors., \| \| (c) Walls, \| \| (d) Roofs, \| \| (e) Fire Places/Chimneys. \| \| 20. \| (a) Appropriate number of inhabitant proposed to be accommodated. \| \| (b) The number, size and specification of latrine, kitchen bath to be provided. \| Form C (See rule 21) Form of Building Permit From : The Chairman .......................................................Municipality/Notified Area Authority/Industrial Township Authority Dated................................ Office Ref. No. and date, if any To ......................... ........................... ............................ (Name and address of the applicant) Subject :Issue of sanction/provisional sanction of erection/re-erection/ addition to/or alteration of the building and issue of Building Permit under rule 21, Building Particulars : Premises No. and Street......................... ...................................... Ward No............................... Sir, With reference to your application dated the......................for the sanction/provisional sanction for...........erection/re-erection/addition to/alteration of, the building on Plot No...............Street...........Ward No..........this Building Permit do hereby granted subject to the following conditions, namely : ### 1. The Building Permit is valid up to the....................day of(month) ............................(Year). ### 2. The Building Permit No.............dated the..........is valid for occupancy of the use group (Residential/Commercial/Othersspecify); ### 3. The building/work for which this Building Permit is issued shall be completed within................... ### 4. The construction will be undertaken as per sanctioned plan only and no deviation from the Building Rules, under West Bengal Municipal Act, 1993 will be permitted. Any deviation done against the said rules is liable to be demolished. ### 5. One set of the plans and specifications submitted along with the notice duly countersigned is returned herewith. Yours faithfully (Chairman) .......................... (Signature and designation of the officer to whom powers have been delegated) Office No........................ Official Stamp....................... Dated the........................ Form D (See rule 21) Form of Communication of Refusal of Sanction From : The Chairman .........................Municipality/Notified Area Authority/Industrial Township Authority Dated..................... Office Ref. No. and date, if any To ........................... ........................... ........................... (Name and address of the applicant) Subject :Communication of refusal of sanction under rule 21 Building Particulars : Premises No. and Street................... .................................................. Ward No........................................... Sir, With reference to your application dated the............................for the sanction/provisional sanction for................erection/re-erection/addition to/alteration of, the building on plot.............(number, street, address, Ward No.) the sanction/provisional sanction has been refused under rule 21 of the Building Rules, under the West Bengal Municipal Act, 1993. The ground/grounds on which the sanction has been refused is/are as follows : Yours faithfully (Chairman) ........................... (Signature and designation of the officer to whom powers have been delegated) Office No...................... Official Stamp.................. Dated the.......................... Form E (See rule 28) Form of Notice of Commencement From....................... ............................ ............................ (Name and address of the applicant) Dated............................ Office Ref. No and date, if any....................... To The Chairman, ..............Municipality/Notified Area Authority/Industrial Township Authority Subject : Notice of commencement under rule 28 of the West Bengal Municipal (Building) Rules, 2007 under the West Bengal Municipal Act, 1993 as per Building Permit No................... dated......................... Building Particulars : Premises No. and Street......................... ..................................................... Ward No.............................................. Sir, I/We hereby give notice that the erection/re-erection of/addition to/alteration of the building on plot..............Street.........,Ward No..........will be commenced on (date) as per Building Permit No..........dated granted by you, with the plans and specification sanctioned. Yours faithfully ............................... Signature of the applicant(s) Form F [See rule 30(1) ] Form of Notice of Completion of Work up to Plinth Level or up to 1.0 Metre above Ground Level Whichever is Higher From:........................ ............................. ............................. (Name and address of the applicant) Dated.......................... Office Ref. No. and date, if any To The Chairman, ..............Municipality/Notified Area Authority/Industrial Township Authority Subject : Notice of completion of structural work up to plinth level or up to 1.0 metre above ground level whichever is higher under rule 30(1) Building Particulars : Premises No. and Street............................. ......................................... Ward No................................. Sir, I/We hereby inform you that the structural construction up to the plinth level or up to 1.0 metre above ground level whichever is higher on Plot No................. Street.................Ward No....................for which Building Permit has been issued to me vide your letter No..............dated...........has been completed in accordance with the sanctioned plan. The work may be inspected in pursuance of the provisions of sub-rule (2) of rule 30 of the West Bengal Municipal (Building) Rules, 2006 under the West Bengal Municipal Act, 1993. Yours faithfully ............................... Signature of the applicant(s) Form G [See rules 33, 151(3) ] Form of Notice of Completion From:......................... ................................ ................................ (Name and address of the applicant) Dated.......................... Office Ref. No. and date, if any ....... To The Chairman, ..............Municipality/Notified Area Authority/Industrial Township Authority Subject :Notice of completion under rule 33/151(3) , Building Particulars : Premises No. and Street.......................... ........................................ Ward No.......................... Sir, I/We hereby give notice that the erection/re-erection/addition to/alteration of the building on plot.................Street.................Ward No...........has been completed according to the plans sanctioned vide Building Permit No............. dated.................... I/We have to request you to arrange for the inspection and for the issue of an occupancy certificate. Yours faithfully Countersigned ................... .......................... ............................ Signature of the applicant(s) (Signature of the Architect/Licensed Building Surveyor) ............................................. (Name, address and Licence No. of the Architect/Licensed Building Surveyor) Enclosure : (1) Three sets of the building plans marked as 'Completion Plans' signed by the applicant and the Architect/Licensed Building Surveyor, one set of which is cloth bound laminated (clearly stating the occupancy and use-group for which the building or the work has been sanctioned). (2) Structural stability certificate signed by Empanelled Structural Engineer and countersigned by the Architect/Licensed Building Surveyor. (3) Fire Safety Certificate issued under the West Bengal Fire Services Act, 1950 or the rules made thereunder. (4) Certificate from electric supply undertaking. (5) A certificate pertaining to lift installation, if any. (6) Other certificates (mention the nature of other certificates). \Strike out which are not applicable. Form of Structural Stability Certificate We hereby certify that the erection/re-erection/addition to/alteration of building on plot................street.........,Ward No............has been supervised by us and has been completed wholly/in part on.................(date) , according to the plans sanctioned vide Building Permit No...........dated............... The work has been completed in accordance with the sanctioned plan and to our best satisfactions. The workmanship and all the materials (type and grade) have been used strictly in accordance with general and detailed specification. No provisions of the West Bengal Municipal Act, 1993 and the West Bengal Municipal (Building) Rules, 2006 have been violated in course of the work. The building is structurally safe and fit for use for which it has been erected/re-erected/altered/added to. ............................. Signature of the Structural Engineer ................................. Signature of the Architect/ Licensed Building Surveyor ........................... (Name., address and License No. of the Architect/Licensed Building Surveyor) ................................. (Name, address and Impanelment No. of the Structural Engineer) Form H [See rule 34(2) ] Form of Granting Occupancy Certificate From : The Chairman .............Municipality/Notified Area Authority/Industrial Township Authority Dated....................... Office Ref. No. and date, if any......................... To ............................ ............................ .............................. (Name and address of the applicant) Subject : Grant of Occupancy Certificate under sub-rule (2) of rule 34 Building Particulars : Premises No. and Street.......................... ................................ Ward No........................ Sir, With reference to your notice of completion dated.................., I hereby certify that the building as per description below on plot............., Street Ward No..............., in respect of which plans were sanctioned vide Building Permit No...............dated.........., has been inspected with reference to the provision of the Building Rules, under the West Bengal Municipal Act, 1993. On the basis of the same and on the strength of the Structural Stability Certificate, this building is certified to be fit for occupation Description of construction, use and conditions, if any....................... One set of building plans with endorsement "Approved Completion Plan" is returned herewith (where required). Yours faithfully (Chairman) ......................... (Signature and designation of the officer to whom powers have been delegated) Office No.............................. Official Stamp......................... Dated the............................... Form I [See rule 38(1) ] Form of Notice of Inspection of Drains and Appliances Connected with Drainage From.............................. .................................... ................................... (Name and address of the applicant) Dated............................. Office Ref. No. and date, if any To The Chairman .............Municipality/Notified Area Authority/Industrial Township Authority Subject :Inspection of drains and appliances connected with drain-age under rule 38(1) Building Particulars : Premises No. and Street.......................... ................................. Ward No............................... Borough No............................ Sir, I/We hereby give notice of my intention to cover up drainage/appliances for drainage on..................(date) at.........................(time) in the premises and...............................request inspection of the same. The work was sanctioned vide letter No............dated................ Yours faithfully, ............................... (Signature of the applicant(s) Form J [See rule 151(3) (a)] Subject :Clearance Certificate in respect of permanent Water and/or Sewerage connection. Ref : Building on Plot No.................in Block.................in Sector, .........................of Salt Lake Township under the Bidhannagar Municipality/Nabadiganta Industrial Township The Building on Plot No.........in Block............in Sector................ of Salt Lake Township under the Bidhannagar Municipality/Nabadiganta Industrial Township Authority has been inspected as per owner's application dated.......and found to have been constructed in respect of Ground Floor and/or First Floor/Second Floor as per approved plan/part plan (with/without Boundary wall). Permanent water connection and/or sewerage connection is/are recommended. Yours faithfully ....................... (Chairman) Bidhannagar Municipality/ Industrial Township Authority Dated......................... Memo No.................................... Copy forwarded for information and necessary action to : Shri/Smt............................ Yours faithfully, ............................ (Chairman) Bidhannagar Municipality/ Industrial Township Authority Form K [See rule 151(1) ] To The Chairman, Bidhannagar Municipality/Nabadiganta Industrial Township Authority Plot No.....................Block No........................ Sir, The undersigned residing at.........................and being the owner of the Plot hereby applied for permission to connect the house sewer of the said plot with the sewerage of the Salt Lake Township under the Bidhannagar Municipality/Nabadiganta Industrial Township Authority. The sanitary arrangements and laying of sewer of the said plot have been done as per plan sanctioned vide....................and the clearance certificate has been issued vide Memo No.........dated..............., by the Chairman, Bidhannagar Municipality/Nabadiganta Industrial Township Authority and it is open to inspection of the Officers of Bidhannagar Municipality/Nabadiganta Industrial Township Authority. A R.B.I. Challan representing deposit of Rs...................is submitted herewith. ......................... (Signature of the applicant(s) Address....................... Dated......................... Information to be filled in by the Licensed Plumber who executes the house sewerage level of invert of sewer at point nearest to master trap...................Distance of master trap from centre of sewer at its nearest point...................Distance of municipal manhole from a point in the sewer immediately opposite the master trap....................... Dated............................ .......................... Signature of the Plumber Plumber License No............................ Address.................................... Forwarded to............................... Clearance certificate has been issued. Sewerage connection may be given after realizing the requisite fees. ............................ Engineer-in-charge Bidhannagar Municipality Nabadiganta Industrial Township Authority Certified that a R.B.I. Challan No................for Rs.............representing deposit for sewer connection has been received in this office. ........................ Officer-in-charge of Finance Bidhannagar Municipality Nabadiganta Industrial Township Authority Date.................. Certified that the house sewer of the above plot have been inspected and approved by me Permission for giving connection may be accorded. Date.......................... .................................. Engineer-in-charge Bidhannagar Municipality/ Nabadiganta Industrial Township Authority Remarks : .............................. Officer-in-charge of Finance Bidhannagar Municipality/ Nabadiganta Industrial Township Authority Sewer connection made under my supervision. .............................. Engineer-in-charge Bidhannagar Municipality/ Nabadiganta Industrial Township Authority Date....................... ............................. Officer-in-charge of Finance Bidhannagar Municipality/ Nabadiganta Industrial Township Authority Submitted to the Chairman, Bidhannagar Municipality/Nabadiganta Industrial Township Authority, Sewer connection to Piot No............. given on...............Plot-holder to Please note ............................ Officer-in-charge of Finance Bidhannagar Municipality/ Nabadiganta Industrial Township Authority After permission is accorded, the plot holder shall give connection to the sewer at his cost under the supervision of Municipal staff. the plot holder fix up date and time and give clear 10 days notice (excluding Sundays and holidays) so that supervision by the Municipal staff can be arranged. Form L [See rule 13(n) ] Form of Indemnity Bond (To be submitted on non-judicial stamp paper of Rs. 10) This Indemnity Bond is executed by Shri.........................and Shri........... son/sons of Shri.......................residence of owners of premises No.......in (name of the street and No. of ward). Whereas I/we am/are submitting to the Municipality (hereinafter referred to as the said Municipality) building plans with provisions for deep foundation works, piling works, construction of basement and underground constructions: And Whereas I/we am/are representing to the said Municipality that if sanction is granted for the construction of the aforesaid works, I/we shall indemnify the said Municipality for any loss or damage at the time of execution of the said works or thereafter: And Whereas I/we undertake that all precautionary measures shall be undertaken by me/us and no excavation shall be carried out beyond the boundaries of the plot. Any damage occurring during the execution of the works or due to excavation made at site to the municipal services public utility services or properties shall be made good by me/us. And Whereas I/we further undertake and agree to indemnify the said Municipality to the full extent of any claim put up against the said Municipality either by way of damage, compensation or in any other way, in case the said Municipality is required to pay any amount to any person or owner or owners of the adjoining properties; And Whereas I/we further undertake and agree to indemnify the said Municipality of all costs and expenses the said Municipality may require to defend any action in this regard to any court of law; In Witness Hereof, the owners above mentioned put their hands and seal to the said Indemnity Bond on this................day of........................ \| \| \| \| --- \| --- \| \| Witness: \| Signature \| \| 1 \| …............................................ \| 1 \| …................................................. \| \| 2 \| …................................................ \| 2 \| …................................................ \| By order of the Governor, Sd/- K. C. MONDAL Jt. Secy. to the Government of West Bengal. Important Notifications [Notification No. 147/MA/O/C-4/3R-8/2002, Dated, Kolkata the 28th day of March, 2007] [Published by the Government of West Bengal, Department of Municipal Affairs, vide notification No. 147/MA/0/C-4/3R-8/2002, dated 28.3.2007.] Whereas the building rules under the Asansol Municipal Corporation Act, 1990 (West Bengal Act 31 of 1990 ) (hereinafter referred to as the said Act), have not yet been made; And whereas in the absence of any building rules, it is not possible for the Asansol Municipal Corporation (hereinafter referred to as the said Corporation) to regulate properly the construction activities in Asansol; Now, therefore, the Governor, in exercise of the powers conferred by sub-section (2A) of section 259 of the said Act, is pleased hereby to specify that, (a) the provisions, excepting the provisions of Part X and Part XI of the West Bengal Municipal (Building) Rules, 2007 (hereinafter referred to as the said rules) shall be made applicable, mutatis mutandis, to the said Corporation; (b) the powers vested with the Board of Councillors under the said rules shall be exercised by the Chief Executive Officer of the said Corporation with the approval of the said Corporation; and (c) the powers of the Superintending Engineer in rule 53 of the said rules shall be vested in the Corporation. By order of the Governor, Sd/- K. C. Mondal. Jt. Secy. to the Govt. of West Bengal. [Notification No. 148/MA/0/C-413R-812002, Dated, Kolkata the 28th day of March, 2007] [Published by the Government of West Bengal, Department of Municipal Affairs, vide notification No. 148/MA/0/C-4/3R-8/2002, dated 28.3.2007.] Whereas the building rules under the Chandernagore Municipal Corporation Act, 1990 (West Bengal Act 32 of 1990) (hereinafter referred to as the said Act), have not yet been made; And Whereas in the absence of any building rules, it is not possible for the Chandernagore Municipal Corporation (hereinafter referred to as the said Corporation) to regulate properly the construction activities in Chandernagore; Now, Therefore, the Governor, in exercise of the powers conferred by sub-section (2A) of section 262 of the said Act, is pleased hereby to specify that, (a) the provisions, excepting the provisions of Part X and Part XI of the West Bengal Municipal (Building) Rules, 2007 (hereinafter referred to as the said rules) shall be made applicable, mutatis mutandis, to the said Corporation; (b) the powers vested with the Board of Councillors under the said rules shall be exercised by the Chief Executive Officer of the said Corporation with the approval of the said Corporation; and (c) the powers of the Superintending Engineer in rule 53 of the said rules shall be vested in the Corporation. By order of the Governor, Sd/- K. C. Mondal. Jt. Secy. to the Govt. of West Bengal. [Notification No. 149/MA/0/C-4/3R-8/2002, Dated, Kolkata the 28th day of March, 2007] [Published by the Government of West Bengal, Department of Municipal Affairs, vide notification No. 149/MA/O/C-4/3R-8/2002, dated 28.3.2007.] Whereas in terms of the provisions of section 4 of the Durgapur Municipal Corporation Act, 1994 (West Bengal Act LIII of 1994) (hereinafter referred to as the said Act) the provisions of the Siliguri Municipal Corporation Act, 1990 (West Bengal Act 30 of 1990) (hereinafter referred to as the West Bengal Act of 1990) have been made applicable to Durgapur; And whereas in terms of the proviso to section 5 of the said Act, all rules made by the State Government under the West Bengal Act of 1990 after the date of commencement of the said Act shall mutatis mutandis apply to, and shall come into force in, Durgagpur if so directed by the State Government and not otherwise; And whereas in terms of the provisions of sub-section (2A) of section 259 of the West Bengal Act of 1990, the provisions, excepting the provisions of Part X and Part XI of the West Bengal Municipal (Building) Rules, 2007 (hereinafter referred to as the said rules) have been made applicable Mutatis Mutandis to the Siliguri Municipal Corporation by this Department notification No. 146/MA/0/C-4/3R-8/2002 dated the 28th day of March, 2007; Now, therefore, the Governor, in exercise of the powers conferred by section 5 of the said Act, read with sub-section (2A) of section 259 of the West Bengal Act of 1990, is pleased hereby to order that, (a) the provisions, excepting the provisions of Part X and Part XI of the said rules shall apply to, and shall come into force, mutatis mutandis, in Durgapur; (b) the powers vested with the Board of Councillors under the said rules shall be exercised by the Chief Executive Officer of the said Corporation with the approval of the Durgapur Municipal Corporation; and (c) the powers of the Superintending Engineer in rule 53 of the said rules shall be vested in the Durgapur Municipal Corporation. By order of the Governor, Sd/-- K. C. Mondal. Jt. Secy. to the Govt. of West Bengal.
65b9175dab84c7eca86e847d	acts	Constitution and Amendments ----------------------------- THE CONSTITUTION (TWELFTH AMENDMENT) ACT, 1962 ------------------------------------------------ India THE CONSTITUTION (TWELFTH AMENDMENT) ACT, 1962 ================================================ Act 12 of 1962 ---------------- * Published in Gazette of India on 27 March 1962 * Commenced on 20 December 1961 *Statement of Objects and Reasons appended to the Constitution (Twelfth Amendment) Bill, 1962 which was enacted as the Constitution (Twelfth Amendment) Act, 1962* STATEMENT OF OBJECTS AND REASONS On the acquisition of the territories of Goa, Daman and Diu with effect from the 20th December, 1961, these territories have, by virtue of sub-clause (c) of clause (3) of article 1 of the Constitution, been comprised within the territory of India from that date and they are being administered as a Union territory by the President through an Administrator in accordance with article 239 of the Constitution. It is, however, considered desirable that Goa, Daman and Diu should be specifically included as a Union territory in the First Schedule to the Constitution. It is also considered that clause (1) of article 240 should be suitably amended to confer power on the President to make regulations for the peace, progress and good government of Goa, Daman and Diu, as has been done in the case of Dadra and Nagar Haveli. The Constitution (Twelfth Amendment) Bill, 1962 seeks to make the above mentioned provisions. An Act further to amend the Constitution of India. BE it enacted by Parliament in the Thirteenth Year of the Republic of India as follows:- ### 1. Short title and commencement.- (1) This Act may be called the Constitution (Twelfth Amendment) Act, 1962. (2) It shall be deemed to have come into force on the 20th day of December 1961. ### 2. Amendment of the First Schedule to the Constitution.- In the First Schedule to the Constitution, under the heading "THE UNION TERRITORIES", after entry 7, the following entry shall be inserted, namely:- ### 8. Goa, Daman and Diu: The territories which immediately before the twentieth day of December, 1961 were comprised in Goa, Daman and Diu.". ### 3. Amendment of article 240.- In article 240 of the Constitution, in clause (1) , after entry (c), the following entry shall be inserted, namely:- "(d) Goa, Daman and Diu.". The Constitution (Twelfth Amendment) Act, 1962, one of the prominent ones for the country as in December 1961, India acquired Goa, Daman, and Diu from Portugal. To bring this integration into effect, the First Schedule of the Indian Constitution was amended in 1962. This amendment integrated Goa, Daman, and Diu as India’s eighth Union territory. It also included these areas under clause (1) of Article 240 of the Constitution. It allowed the President of India to “establish rules for the peace, progress, and good governance of the territory.” [Also refer ]
65b957f5ab84c7eca86e8e73	acts	State of Bihar - Act ---------------------- Revised Rules Under Sections 18 and 24 of the Bengal Mohammadan Marriages and Divorce Registration Act, 1876 -------------------------------------------------------------------------------------------------------------- BIHAR India Revised Rules Under Sections 18 and 24 of the Bengal Mohammadan Marriages and Divorce Registration Act, 1876 ============================================================================================================== Rule REVISED-RULES-UNDER-SECTIONS-18-AND-24-OF-THE-BENGAL-MOHAMMADAN-MARRIAGES-AND-DIVORCE-REGISTRATION-ACT-1876 of 1876 -------------------------------------------------------------------------------------------------------------------------- * Published on 24 September 1913 * Commenced on 24 September 1913 Revised Rules Under Sections 18 and 24 of the Bengal Mohammadan Marriages and Divorce Registration Act, 1876 An Act to provide for the voluntary registration of Mohammadan Marriages and Divorces, (approved by the Lieutenant Governor of Bengal) ### 1. Nomination of Mohammadan Registrars. - As soon as the Act has been extended to any district under Section 1, the District Registrar shall nominate a sufficient number of persons possessing the qualifications specified in Rule 3 to be licensed as Mohammadan Registrars under Section 3. The District Registrar shall also specify the limits within which each of the persons so nominated shall exercise the functions of Mohammadan Registrar. ### 2. Form of application. - The District Registrar's nomination shall be submitted to the Permanent Committee in Calcutta and shall be accompanied by the original application of the candidate in the form appended together with a certificate of good moral character, and (unless the applicant holds a certificate of qualification from any Madrassa) every candidate shall be required to furnish a certificate of his possessing sufficient acquaintance with the Arabic language, and the Mohammadan law of marriage and divorce signed by three Mohammadan gentlemen of respectability and position, and countersigned by the District Magistrate or District Judge. Application for a Mohammadan Registrarship under Act 1 (B.&O.) of 1876 (An Act to provide for the voluntary registration of Mahammadan Marriage and Divorce) at...............thana..................district of ............. \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| Name and usual signature of candidate, date of application and address in full \| Age \| Profession or present employment of candidate, with present salary or pension \| Father's name and profession \| Present family residence of candidate \| Distance of residence from proposed registry office and sadar station \| Whether candidate has masonry house for office \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| 7 \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| \| If previously employed under Government, details of past service, if ever dismissed from any post, particulars of the fact \| Names and addresses of persons recommending the candidate \| Whether candidate is acquainted with Arabic, Persian, Urdu, Bengali, or English \| Whether candidate is acquainted with Mohammadan law, and holds any certificate from any Government or private Madrassa (stating its name) \| Remarks of the District Register \| Remarks \| \| 8 \| 9 \| 10 \| 11 \| 12 \| 13 \| \| \| \| \| \| \| \| ### 3. Who may be nominated. - Candidates selected for the post of Mohammadan Registrars should be possessed of sufficient acquaintance with the Arabic language and Mohammadan law of marriage and divorce and be of good moral character. Preference shall ordinarily be given to ex-kazis and Government pensioners, being Mohammadans, Maulvies, Khundkars and Mullahs, who reside, or are willing to reside at a convenient place within the limits of the proposed jurisdiction, provided they are possessed of the above qualifications, but no person shall be nominated merely by reason of some supposed hereditary right. ### 4. Jurisdiction. - The limits within which a Mohammadan Registrar shall be licensed to act shall coincide with the limits of a sub-district under the Indian Registration Act, or within the jurisdiction of one or more police-stations or part thereof as the Lieutenant-Governor may from time to time direct. The head-quarters shall be at some convenient place within those limits. ### 5. The District Registrar's nomination with the accompanying applications and certificates shall be forwarded to Government by the Permanent Committee with their remarks and recommendations. Should the nomination of the District Registrar be disapproved, the District Registrar may be requested to submit a fresh nomination, or the Permanent Committee may select any other candidate. For this purpose a list of candidates willing to serve as Muhammadan Registrars in any district to which they may be appointed shall be kept in the office of the Inspector-General of Registration. ### 6. Liability to examination. - Should such a course appear expedient hereafter, all Mohammadan Registrars who may have been appointed under these Rules, and all future applicants for licences, shall be liable to examination in the following subjects:- (1) Arabic and vernacular of the district; (2) Mohammadan law of marriage and divorce; (3) Act I of 1876 (B. & O.) and the Rules. And if any person, who has been appointed a Mohammadan Registrar, fails to pass such examination, his licence will be liable to be cancelled. Such examination may be held at such times and places and by such examiners as the Lieutenant-Governor may from time to time appoint. ### 7. Form of licence. (1) Licences to qualified persons who have been approved of as Mohammadan Registrars will be granted in the following form:- "Licence under Section 3, Act I (B. & O.) of 1876 To of Calcutta, the ................... 188................ By virtue of the authority conferred upon His Honour the Lieutenant-Governor of Bengal by Act I (B. & O.) of 1876, you are hereby authorized to register, in the manner prescribed by the above Act, all Mohammadan marriages and divorces which shall be effected within...............on application being made to you for such registration. (2) It will be your duty carefully to observe the provisions of the abovementioned Act, and such Rules as may from time to time be prescribed by His Honour the Lieutenant-Governor in pursuance of the power conferred upon him by the above Act. (3) This licence shall continue in force until it is revoked or suspended by the said Lieutenant-Governor of Bengal. By order of His Honour the Lieutenant-Governor of Bengal. Secretary to the Government of Bengal. ### 8. Registration of licence. - When a Mohammadan Registrar desires to give up his licence, or is about to leave the place or district in which he has exercised the functions of Mohammadan Registrar, he shall report the circumstances through the District Registrar to the Inspector-General of Assurances for the orders of Government. ### 9. Change of officers. - When a Mohammadan Registrar make over charge of his office to a successor, a certificate shall be jointly given of the date on which the office is made over, and of the safety and correctness of the records; and this certificate shall be forwarded by the District Registrar to the Inspector-General. ### 10. Leave. - Mohammadan Registrar shall not be entitled to leave as of right under the Rules in force for Government servants. The District Registrar may, however, grant leave in cases of urgency, but no leave exceeding one month shall be granted without the previous sanction of the Inspector General. All leave shall be at once reported to that officer, together with the arrangements made for carrying on the duties of the Mohammadan Registrar. ### 11. In cases of leave or absence from duty, the next nearest Mohammadan Registrar shall ordinarily be appointed to carry on the duties of the absentee, in addition to his own, or the District Registrar may appoint a temporary substitute, on his being licensed, from among the list of candidates for Mohammadan Registrarships registered in his office. ### 12. Not entitled to pension. - It is not intended that service as a Mohammadan Registrar shall count as Government service, so as to give rise to any claim for pension or gratuity, or to leave allowances of any kind. , ### 13. General Control. - The general control and supervision of the working of the Act shall be exercised by the present inspecting staff attached to the department for the registration of assurances, but Mohammadan Deputy Collectors, Sub-Deputy Collector, or Kanungos, but may be specially deputed by the District Registrar to inspect Mohammadan Marriage Registry Offices at any time. ### 14. Books and Stationery. - A Mohammadan Registrar will, on first appointment, be supplied with the registers, etc., mentioned below, free of charge:- ### 1. Register A (Book I). ### 2. Copies of ditto for parties. ### 3. Ditto for the Registrar. ### 4. Ditto for issue. ### 5. Register B (Book II). ### 6. Copies of ditto for parties. ### 7. Copies of Register B (Book II) for the Registrar. ### 8. Ditto for issue. ### 9. Register C (Book III). ### 10. Copies of Register C (Book 111) for parties. ### 11. Ditto for the Registrar. ### 12. Ditto for issue. ### 13. Book of refusals. ### 14. Index Book. ### 15. Ditto Sheets. ### 16. Form of application. ### 17. Catalogue. ### 18. Act and Rules in Urdu. ### 19. Indent for forms. He will also be supplied with a seal and will use no ink for making entries in the registers and indexes other than that supplied from the Government stores. All books, registers, etc., which may subsequently be supplied shall be paid for by the Mohammadan Registrar at the time of supply; but in any case, when the District Registrar thinks it necessary, he may defer the realization of the charge for a term not exceeding three months. In case of failure to pay at the prescribed period, the District Registrar should report the case for orders to the Inspector-General of Registration. When the first supply is exhausted a Mohammadan Registrar will obtain an indent from the Government stores, at cost, price, Register Books A, B and C, Index Books, index Sheets, Forms of Application, Catalogues and a seal which is not to cost more than Rs. 2. He will supply himself with forms 2, 3, 4, 6, 7, 8, 10, 11, 12 on good stout paper, and keep up himself Books of Refusals and Books of Appeals on country paper. ### 15. Custody of Seals. - The seal shall always remain in the personal custody of the Mohammadan Registrar, and shall be made over with the records to the officer appointed to receive the same whenever a Mohammadan Registrar ceases, either temporarily or permanently, to exercise his functions. ### 16. Table of fees. - A printed table of fees in the vernacular of the district shall be suspended in some conspicuous place in every Mohammadan Registrar's Office. ### 17. Disposal of fees. - The fees received by a Mohammadan Registrar under Sections 9 and 16 of the Act, and Rules 20 and 49, may be retained by him as his lawful remuneration, provided that he duly pays for the registers and other articles supplied to him under Rule 14. All fees received by a District Registrar shall be credited to Government in the same way as fees realized under the Indian Registration Act. ### 18. Attendance at marriages. - When the attendance of a Mohammadan Registrar is required at the celebration of a marriage or other ceremony the party requiring his attendance may make an application to the Mohammadan Registrar, specifying the place and time of the marriage or other ceremony, and that officer may attend. ### 19. It shall be lawful for Mohammadan Registrars to travel on circuit within their jurisdiction for the purpose of attending at the celebration of marriages or other ceremonies. ### 20. Fees. - Mohammadan Registrars are at liberty to make their own terms as regards the extra fees to be given them for attending marriages or divorces.They are prohibited from demanding fees beyond the following scale for attending at a marriage or other ceremony. Rupees 3 plus travelling allowance at the rate of three annas a mile. ### 21. Every Mohammadan Registrar shall exhibit in some conspicuous part of his office a table of fees he is authorized to levy under Sections 9 and 16. ### 22. Procedure on application to Registrar in absence of any of the parties. - When a Mohammadan Registrar is present at the celebration of a marriage, he shall make an entry of the fact in the register of marriages (A) , and a copy of such entry shall be included in the copies to be made under Sections 12, 15 and 22 of the Act. ### 23. If all the persons who, by Section 11 of the Act, are required to sign the entry of the marriage or divorce in the proper register are not present, registration shall be deferred until they are all present, provided that no marriage or divorce for registration of which application has been made within one month, as required by Section 9, shall be registered after the expiration of six months, from the date on which the marriage or divorce was effected. ### 24. Procedure before Registration. - The Mohammadan Registrar shall satisfy himself whether or not a marriage was effected by the persons by whom it is represented to have been effected in the following manner- (1) by examining the parties to the marriage, or if either or both of them are minors, their lawful guardians. If the woman be a pardahnashin, her duly authorized- vakil shall be examined instead of the woman; (2) by examining the two witnesses who were present at the marriage. ### 25. The Mohammadan Registrar shall satisfy himself whether or not a divorce, other than the kind known, as khula, was effected by the man by whom it is represented to have been effected by examining that man; and if he be of the Shia sect, by also examining the two witnesses to the divorce being effected. ### 26. The Mohammadan Registrar shall satisfy himself.that a divorce of the kind known as khula, was effected by the person whom it was represented to have been effected in the following manner:- (1) by examining the parties to the khula: Provided that if the woman be pardahnashin, her duly constituted vakil shall be examined instead of the woman; (2) if the man be of the Shia sect, by also examining the two witnesses to the divorce being effected. ### 27. The Mohammadan Registrar shall satisfy himself of the identity of persons appearing before him as witnesses of a marriage or divorce, unless they are otherwise personally known to him, by examining at least one witness to the identity of each person so appearing. ### 28. In the case of any person appearing as the representative of the man or woman (whether he appears as guardian or vakil), the Mohammadan Registrar shall satisfy himself of the right of such person to appear, by examining such person. If a vakil so appears, the Mohammadan Registrar shall further examine witnesses to the fact of the vakil having been duly authorized to appear. ### 29. When the entry of the marriage or divorce has been made in the proper register, it shall be read over by the Mohammadan Registrar to the persons who, by Section 11, are required to sign such entry, if they admit its correctness, the entry shall then be signed by them. ### 30. When a person who cannot write signs his name by means of a mark, his name shall be recorded at length, and the writer shall also sign his name in attestation that the mark was affixed in his presence. ### 31. Correction of error. - If a Mohmmadan Registrar discovers any error in the form or substance or any entry of a marriage or divorce made by him, he may within one month next after the discovery of such error, in the presence of the persons married, or, in case of their death or absence, in the presence of two other credible witnesses correct the error by entry in the margin, without any alteration of the original entry, and shall sign the marginal entry, and thereto the date of such correction, and he shall also make the like marginal entry in the copies thereof. And every entry made under this Section shall be attested by the witnesses in whose presence it was made. And, in case a copy has been already sent to the Registrar, such person shall make and send another copy thereof, containing both the original erroneous entry and the marginal correction therein made. ### 32. No erasures shall be made with a knife in any register, book or record, but mistakes shall be corrected, when necessary, with the pen, and shall invariably be attested by the registering officer. Corrections are not to be obliterated or blotted out, so as to be illegible, but a line is to be drawn through erroneous words with the pen, so that they may remain legible. ### 33. Refusal to register. - The circumstances under which registration of marriage or divorce should be refused are as follows:- (1) If the marriage or divorce was not effected within the jurisdiction of the Marriage Registrar to whom application for the registration is made. (2) If the application is not made by the persons specified in Section 8 of the Act. (3) If application has been made after the expiry of one month from the date on which the marriage or divorce was effected. (4) If all the persons required by Section 11 to sign the entry in the proper register fail to appear within the time limit for such appearance by the Mohammadan Registrar under Rule 23. (5) If the Mohammadan Registrar fail to satisfy himself that that marriage or divorce was effected by the person or persons by whom it is represented to have been effected. (6) If the Mohammadan Registrar fail to satisfy himself as to the identity of the persons appearing, before him and alleging that the marriage has been effected. (7) In the case of any person appearing as the representative of the man or woman (whether he appears as guardian or as vakil, if the Mohammadan Registrar fail to satisfy himself of the right of such persons to appear. (8) If one of the parties applying for registration of marriage, or if the man applying for the divorce, appears to be of unsound mind. ### 34. Refusal deferred. - In cases 2 and 8 the order of refusal shall ordinarily be deferred till one month has elapsed from the date on which the marriage or divorce was effected, but if the parties declare their inability to comply with the requirements of the law, or for any other reason with that registration should at once be refused, this may\*be done. ### 35. The reasons for refusal to register to be recorded under Section 20 shall be concisely and clearly stated in each particular case. When registration is refused under Clauses (5) , (6) or (7) of Rule 33, the Mohammadan Registrar shall record the ground of his decision. ### 36. In what case fees may be refunded. - Fees paid under Section 9 shall not be refunded unless registration is refused for one of the reasons numbered (1) , (2), (3) and (8) in Rule 33. Fees and travelling allowances paid for the attendance of Mohammadan Registrar at the celebration of marriage shall be refunded only in cases where the Mohammadan Registrar does not attend. Fees paid for searches in the registers and indexes, or for copies of entries, shall be refunded only when the searches are not made or the copies not given. ### 37. Manner of refund. - The refund of fees paid to a Mohammadan Registrar shall be made by him at once on application, and he shall take and file a receipt for the amount of such repayment from the person to whom it is made. ### 38. Certificate of closure of volume. - When a register book is closed, a certificate to that effect shall be appended at the close of the written portion and a certificate showing the number of pages written upon shall be entered on the first page. ### 39. Language to be used. - The Registers and Indexes shall be in Bengali. Copies under Sections 12,15 and 22 should be prepared in the language in which the registers are kept. ### 40. The "year" referred to in Section 7 of the Act shall be a year of the Christian era, commencing on the first January and ending on the 31st December. ### 41. Index. - The index to marriages and divorces shall be prepared from Registers A, B and C, and contain the following particulars:- ### 1. Name of party. ### 2. Father's name. ### 3. [Residence] [Residence includes village, or town, police Station and District.] ### 4. Place of registration. ### 5. Year of registration. ### 6. Serial number for the year. ### 7. Book. ### 8. Volume, ### 9. Page. ### 42. Names shall be indexed according to their first letter, and shall be arranged in the order of the Bengali alphabet. A mere title or designation of race shall not be taken as the index word. Thus, Shaikh Ramzan will be indexed Ramzan, Shaikh; Mir Aulad Ali, Aulad AN, Mir. ### 43. Catalogue. - A catalogue, in form given below, shall be kept up and permanently preserved in every Mohammadan Registrar's office, and on the occasion of every transfer of records, the officer receiving charge of the records shall compare them with the catalogue, and certify therein that he has found them correct. Whenever any of the records are transferred to the district office, the fact shall be noted in the column of remarks, together with the date of transfer. Form of Catalogue \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| Serial No. \| District or sub-district to which the \| Year \| Title of book \| Volume \| Number of entries in each \| Number of page written on \| Remarks \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| 7 \| 8 \| \| \| \| \| \| \| \| \| \| ### 44. In district offices the following records shall be preserved in perpetuity:- All register books A, B and C, and their indexes. The Catalogue. Registers of Refusals. Register of Appeals. Reports of the destruction of records and list of papers destroyed. ### 45. Destruction of records. - The following records may be destroyed after the expiration of three full years from the period to which they relate:- Application for registration for or attendance at the celebration of marriages under Rule 18. Application for search, or copies of extracts. All correspondence, whether in the vernacular or in English, which is of an ordinary routine character, and which the Registrar considers, may be destroyed. ### 46. Search and copies. - No records or papers whatever shall be destroyed without the previous sanction of the Inspector-General. ### 47. Application for search in the records, or for copies of extracts therefrom, shall be made in writing; no stamps shall be required on such applications. Applications made to the District Registrar shall be entered in the register kept by him, for that purpose. Applications made to the Mohammadan Registrar shall be filed by him, the date of application and the date on which a search was made, or a copy delivered being noted on the back of the application. If the register from which an extract is required has been transferred to the District Registrar, or other person under Section 23, the application, together with the prescribed fee, shall be forwarded by the Mohammadan Registrar to such District Registrar or other person at the expense of the applicant. ### 48. A call for information from any Court shall, if it necessitates search in the registers, be accompanied by the necessary fee for search. Officers of Government shall be permitted to inspect the registers without fee; but if the production of a register in any Court is required, it shall be produced by the Mohammadan Registrar or other officer whom the District Registrar may depute for the purpose, who will be entitled to claim payment of his expenses like any other witness. ### 49. Besides the fees leviable under Section 16 of the Act, a fee of eight annas may be charged for extracts and copies of orders and records not otherwise provided for in the law. Notification Notification No. 6563/R., dated the 24th September, 1913. - In exercise of the powers conferred on him by Section 24 of the Bengal Mohammadan Marriages and Divorces Registration Act, 1876 (Bengal Act I of 1876), and in supersession of all previous rules on the subject, the Lieutenant-Governor in Council is pleased to make the following Rules for the guidance of the Permanent Committee for the supervision of Mohammadan Registrars appointed under the said Act and of Kazis appointed under the Kazis Act, 1880 (XII of 1880):- ### 1. The Committee shall consist of five or more members appointed by the Local Government, the appointments being notified in the Bihar and Orissa Gazette. The Inspector-General of Registration for the time being shall be ex-officio President of the Committee. Three members shall form a quorum. In case of the death, resignation or inability (from any cause) to act for any member, the President shall submit a fresh nomination for the consideration of Government. ### 2. The Committee shall meet at the Office of the Inspector-General of Registration; or at any other place previously notified by the Inspector-General, twice a year. Notice of the matters to be laid before Committee shall be circulated before hand. In case of any urgent business or upon the requisition of three members, the President shall call a special meeting of the Committee for the consideration of such business. ### 3. The Committee shall have power to deal with the following matters:- (1) The consideration of all nominations to the post of Mohammadan Registrars made by District Registrar under Rule 2 of the rules framed under the Mohammadan Marriage Registration Act for recommendation to Government: (2) The temporary suspension or removal of Mohammadan Registrars, subject to the submission of a report for the final order of Government. (3) The consideration of all nominations to the post of Kazi made by District Registrars for recommendation to Government. (4) The temporary suspension or removal of Kazis, subject to the submission of a report for the final orders of Government. ### 4. Subject to the approval of Government, the Committee shall be empowered to arrange for the examination from time to time of all Mohammadan Registrars:- (1) In the Mohammadan Law of Marriage and Divorce, and (2) In Act I (B. & O.) of 1876 and its Rules.
65b9b821ab84c7eca86e9b91	acts	State of Rajasthan - Act -------------------------- The Rules for the Payment of Grant-in-Aid to the Western Rajasthan Border Development Samiti, Jaisalmer 1972 -------------------------------------------------------------------------------------------------------------- RAJASTHAN India The Rules for the Payment of Grant-in-Aid to the Western Rajasthan Border Development Samiti, Jaisalmer 1972 ============================================================================================================== Rule THE-RULES-FOR-THE-PAYMENT-OF-GRANT-IN-AID-TO-THE-WESTERN-RAJASTHAN-BORDER-DEVELOPMENT-SAMITI-JAISALMER-1972 of 1972 -------------------------------------------------------------------------------------------------------------------------- * Published on 1 January 1972 * Commenced on 1 January 1972 The Rules for the Payment of Grant-in-Aid to the Western Rajasthan Border Development Samiti, Jaisalmer 1972 ### 1. Short title. - These rules may be called the Rules for the payment of grant-in-aid to the Western Rajasthan Border Development Samiti, Jaisalmer. ### 2. Definitions. - In these Rules unless the context otherwise requires :- (a) "Director" means the Director of Primary and Secondary Education. (b) "Government" means the Government of State of Rajasthan. (c) "Samiti" means the Western Rajasthan Border Development Samiti, Jaisalmer. ### 3. Eligibility. - The Samiti shall be eligible for the following kinds of grants which may be paid at the discretion of the sanctioning authority:- (i) Recurring or maintenance grant. (ii) Non-recurring grant towards equipments/buildings etc. ### 4. Scale of grant. - The Government may sanction grant @ 750/- per border per annum. This shall include all boarding and lodging charges for the inmates as also expenditure on clothes etc. ### 5. Conditions of Grant. - No grant shall be made to the Samiti unless it agrees to comply with conditions hereinafter laid down:- (1) Every year by 30th September, the management shall furnish certificate with regard to actual number of Hostlers in the various Hostels. (2) The maximum grant admissible shall be Rs. 750/- per head per annum (for 12 months) subject to (1) this amount not exceeding 90% of the approved expenditure. (3) The grant shall usually be released in three instalments of Rs. 250/- per head in April, September and January. Last instalment shall be released only after the audited accounts and auditors' report is furnished. (4) The audited accounts and a short report of activities through Inspector of Schools concerned shall be furnished by January every year. (5) Alongwith audited accounts, details of staff enjoyed with pay scales etc. shall also be furnished. (6) The records and accounts of the institution shall be open to inspection and audit by persons authorised by Government or the Education Department or the Accountant General. (7) Admissions and all facilities provided by the institutions shall be available to every section of people without any distinction of caste or creed. (8) The institution shall not be run for the profit of any individual and its Governing Body/Council or Management is such as can be trusted to utilise its assets for the furtherance of the object of the institution. (9) The Samiti shall supply to the Education Department a list of all its assets, the income of which is utilised for its expenditure. (10) The Samiti shall, unless specially exempted by Government, invest its endowment in trust stock or place them n deposit in the State Bank of India, the Post Office Savings Bank or any Scheduled Bank or one Bank recognised by the State Government. All moneys realised including contributions, endowment and donations received for the Samiti, its reserved funds, sums earmarked for building operations or other capital purpose and grant-in-aid shall constitute the Samiti Funds, which shall be placed in the State Bank of India, the Post Office Savings Bank or any other Scheduled Bank or State recognised Bank. No money shall be kept out of the Samiti Fund. Withdrawals from the Samiti Fund shall be made only by a person who is duly authorised by the Governing Body or the Managing Committee to operate the Fund, and only for the purpose of incurring expenditure for the maintenance or improvement of the Samiti. (11) The Samiti shall promptly comply with all the instructions issued by the Education Department for the proper running of the Samiti. (12) The grant-in-aid shall be utilised for the same purpose for which the same is sanctioned. (13) The unutilised balance shall be surrendered to the Department/Government before the close of the financial year. ### 6. Application for Grant-in-Aid. - Applications for grant-in-aid or special grant for any financial year must be made on the prescribed form by the August of the year. Such application shall be accompanied by the following:- "A declaration from the person authorised by the management of the Samiti for which the grant-in-aid is demanded that it has assets worth atleast three times of the amount of annual expenditure and that such assets (list to be annexed) are free of all encumbrances and do not include assets created or added out of the grant-in-aid received and that the income of such assets supplemented by grant-in-aid will be adequate to enable the management to carry on the Samiti efficiently" ### 7. Reduction, withdrawal, withholding etc. of the grant. - The grant-in-aid shall be liable to be withhold, reduced or withdrawn at the discretion of the sanctioning authority if in its opinion the Samiti has failed to satisfy any of the conditions enumerated in these rules but before any such action is taken under this rule, the management shall be informed and also be given an opportunity of showing cause against the charges levelled and action proposed to be taken against it. ### 8. Alienation of the property. - The Samiti shall not transfer any property to any person, institutions or body without the concurrence of the Department/Government as the case may be, except the disposal of unserviceable articles. ### 9. Maintenance of Registers etc. - All materials purchased from time to time out of the funds of the Samiti shall be entered in a Stock Register. The head of the Samiti shall be responsible for the proper custody thereof. All the bills received for payments shall bear the following certificate:- "The quantity of articles received is good, quantity correct and according to the specification, rate is not more than those prevailing in the market and entered in Stock Register at page No. ...." ### 10. Purchase by tenders. - All purchases costing more than Rs.250/- shall be made after calling for tenders from the manufacturers, suppliers and contractors. As far as possible, lowest tender shall be accepted unless for any special reasons to be recorded in writing the management decides otherwise. ### 11. Power of the Government to grant exemption from the provisions of these rules. - The Government may in special cases grant the Samiti exemption from one or more of the conditions contained in these Rules.
65b999ceab84c7eca86e96c8	acts	State of Haryana - Act ------------------------ The Haryana Panchayati Raj Election Symbols (Reservation and Allotment) Order, 2014 ------------------------------------------------------------------------------------- HARYANA India The Haryana Panchayati Raj Election Symbols (Reservation and Allotment) Order, 2014 ===================================================================================== Rule THE-HARYANA-PANCHAYATI-RAJ-ELECTION-SYMBOLS-RESERVATION-AND-ALLOTMENT-ORDER-2014 of 2014 ----------------------------------------------------------------------------------------------- * Published on 13 March 2014 * Commenced on 13 March 2014 The Haryana Panchayati Raj Election Symbols (Reservation and Allotment) Order, 2014 Published vide Notification No. SEC/3E-2/2014/314 dated 13th March, 2014 No. SEC/3E-II/2014/314. - Whereas, the superintendence, direction and control of all elections to Panchayati Raj Institutions in the State are vested in the State Election Commission by the Constitution of India and the Haryana Panchayati Raj Act, 1994 (Haryana Act No. 11 of 1994). And whereas, it is necessary and expedient to provide in the interest of purity of elections to Panchayati Raj Institutions in the State of Haryana and in the interest of conduct of such elections, in a fair and efficient manner, for the specification, reservation, choice and allotment of symbols, for the recognition of political parties in relation thereto and for matters connected therewith; Now, therefore, in exercise of the powers conferred under article 243K of the Constitution of India, section 212 of the Haryana Panchayati Raj Act, 1994 (Haryana Act No.11 of 1994), and rule 33 of the Haryana Panchayati Raj (Election) Rules, 1994 and all other powers enabling it in this behalf, the State Election Commission, Haryana hereby makes the following Order:- ### 1. Short title, extent, application and commencement. (1) This Order may be called the Haryana Panchayati Raj Election Symbols (Reservation and Allotment) Order, 2014. (2) It shall extend to the whole of the State of Haryana in relation to elections in Panchayati Raj Institutions. (3) It shall come into force on the date of its publication in the Haryana Government Gazette, which date hereinafter referred to be the date of commencement of this Order. ### 2. Definitions and interpretation. (1) In this Order, unless the context otherwise requires,- (a) "Act" means the Haryana Panchayati Raj Act, 1994; (b) "clause" means a clause of the paragraph or sub-paragraph in which the word occurs; (c) "contested election" means an election to Panchayati Raj Institutions i.e. Gram Panchayat, Panchayat Samiti and Zila Parishad ward where a poll is taken; (d) "election" means an election to fill a seat or seats of Panch, Sarpanch, Member Panchayat Samiti & Zila Parishad to which this Order applies; (e) "Form" means a form appended to this Order; (f) "National party" means and includes every political party which has been recognised by the Election Commission of India as a National Party under the Election Symbols (Reservation and Allotment) Order, 1968; (g) "political party" means an association or body of individual citizens of India registered with the Election Commission of India as a political party under section 29A of the Representation of the People Act, 1951 (43 of 1951); (h) "State party" means and includes every political party which has been recognised by the Election Commission of India as a State party in the State of Haryana under the Election Symbols (Reservation and Allotment) Order, 1968; (i) "registered but un-recognised political party" means and includes every political party registered under section 29A of the Representation of the People Act, 1951 with the Election Commission of India, and head office of which is located in the State of Haryana ; (j) "paragraph" means a paragraph of this Order; (k) "rules" mean the Haryana Panchayati Raj (Elections) Rules, 1994; (l) "State Election Commission" means the State Election Commission, Haryana constituted under Article 243K and 243ZA of the Constitution of India vide Haryana Government, Development and Panchayat Department, Notification No. S.O.101/Const./Art. 243K/243ZA/93, dated the 18th November, 1993; (m) "sub-paragraph" means a sub-paragraph of the paragraph in which the word occurs. (n) "ward" means a ward for; Panch in a Gram Panchayat, Member in a Panchayat Samiti and Member in a Zila Parishad, formed under rule 4 of the Haryana Panchayati Raj (Election) Rules, 1994 for the purpose of election of Panch or Member; and (o) words and expressions used but not defined in this order but defined in the Representation of the People Act, 1950, or the rules made thereunder or in the Representation of the People Act, 1951, or the rules made thereunder or the Haryana Panchayati Raj Act, 1994, and rules made thereunder, shall have the meaning respectively assigned to them in those Acts and rules. (2) The Punjab General Clauses Act, 1898 (Punjab Act 1 of 1898) shall, as far as may be, apply in relation to the interpretation of this Order as it applies in relation to the interpretation of a Haryana Act. ### 3. Allotment of symbols. - In every contesting election, a symbol shall be allotted to a contesting candidate in accordance with the provisions of this Order and different symbols shall be allotted to different contesting candidates at an election in the same ward. ### 4. Classification of symbols. (1) For the purpose of this Order, symbols are either reserved or free. (2) Save as otherwise provided in this Order, a reserved symbol is a symbol which is reserved by the Election of India under the Election Symbols (Reservation and Allotment) Order, 1968 for a recognised political party. (3) A free symbol is a symbol other than a reserved symbol. ### 5. Notification by the State Election Commission containing lists of political parties and the symbols. (1) The State Election Commission shall, by one or more notifications in the State Gazette, publish lists specifying- (a) the National parties and the symbols, respectively reserved for them; (b) the State parties for the State of Haryana and the symbols, respectively reserved for them ; and (c) the free symbols for the independent candidates. (2) Every such list shall, as far as possible, be kept up-to-date. ### 6. Allotment of symbols in election for the office of Panches and Sarpanches. (1) The election of the office of Panches and Sarpanches cannot be contested by any candidate on a symbol reserved for the political party and symbols shall be allotted to the contesting candidates seriatim-wise from the list of free symbols notified by the State Election Commission under para 5 (1) (C) above, as the case may be, in order of the list of contesting candidates prepared in Hindi in alphabetical order of Devnagri Script on the last day of withdrawal of nomination. (2) Each candidate or his election agent shall be intimated the symbol allotted to him in writing, and signature obtained in token of having received that intimation. He shall also be given specimen copy of that symbol, along with the said information. ### 7. Choice of symbols by candidates of National and State parties and allotment thereof. (1) A candidate, set up by a National Party at any election in any ward of Panchayat Samiti or Zila Parishad, shall be allotted the symbol reserved for that party and no other symbol. (2) A candidate, set up by a State party at an election in any ward of the Panchayat Samiti or Zila Parishad, shall be allotted the symbol reserved for that party in the State of Haryana and no other symbol. (3) A reserved symbol shall not be chosen by, or allotted to, any candidate in any ward of Panchayat Samiti or Zila Parishad other than a candidate set up by a National party for whom such symbol, has been reserved or a candidate set up by a State party in the State of Haryana for whom such symbol has been reserved in the State of Haryana even if no candidate has been set up by such National or State party in that ward. ### 8. Choice of symbols by other candidates and allotment thereof. (1) Any candidate of an election in a ward in any Panchayat Samiti or Zila Parishad other than- (a) a candidate set up by a National party, or (b) a candidate set up by State Party (recognised for the State of Haryana), or (c) a candidate referred to in paragraph 9, shall choose and shall be allotted in accordance with the provisions hereinafter set out in this paragraph, one of the symbol specified as free symbol for that Panchayat Samiti or Zila Parishad by notification under paragraph 5. (2) Where any free symbol has been chosen by only one candidate of such election, the returning officer shall allot that symbol to that candidate and to no one else. (3) Where the same free symbol has been chosen by several candidates of such election, then - (a) if, of those several candidates, only one is a candidate set up by a registered but unrecognized political party and the rest are independent candidates, the returning officer shall allot that free symbol to the candidate set up by the unrecognized political party, and to no one else and, if, of those several candidates, two or more are set up by different unrecognised political parties and the rest are independent candidates, the returning officer shall decide by lot to which of the two or more candidates set up by the different unrecognized political parties that free symbol shall be allotted, and allot that free symbol to the candidate on whom the lot falls, and to no one else: Provided that where of the two or more such candidates set up by such different unrecognised political parties, only one is, or was, immediately before such election, a sitting member of Panchayat Samiti or Zila Parishad (irrespective of the fact as to whether he was allotted that free symbol or any other symbol at the previous election when he was chosen as such member), the returning officer shall allot that free symbol to that candidate, and to no one else; (b) if, of those several candidates, no one is set up by any unrecognised political party and all are independent candidates, but one of the independent candidates is or was, immediately before such election a sitting member of Panchayat Samiti or Zila Parishad, and was allotted that free symbol at the previous election when he was chosen as such member, the Returning Officer shall allot that free symbol to that candidate, and to no one else; and (c) if, of those several candidates, being all independent candidates, no one is, or was, a sitting member as aforesaid, the returning officer shall decide by lot to which of those independent candidates that free symbol shall be allotted, and allot that free symbol to the candidates on whom the lot falls, and to no one else. Provided that every independent candidate of Panchayat Samiti/Zila Parishad shall give in his/her nomination form, choice of three symbols in order of preference, from the list of free symbols published by the State Election Commission for these elections. ### 9. When a candidate shall be deemed to be set up by a political party. - For the purposes of this order, a candidate shall be deemed to be set up by a political party in any ward of the Panchayat Samiti or Zila Parishad, if, and only if, - (a) the candidate has enclosed a declaration to that effect along with the nomination paper; (b) the candidate is a member of that political party and his name is borne on the rolls of members of the party; (c) a notice by the political party in writing, in Form B, to that effect has, not later than 3.00 P.M. on the last date for making nominations, been delivered to the Returning Officer of the ward; (d) the said notice in Form B is signed by the President, the Secretary or any other office bearer of the party, and the President, Secretary or such other office bearer sending the notice has been authorised by the party to send such notice; (e) the name and specimen signature of such authorised person are communicated by the party, in Form A, to the Returning Officer of the Panchayat Samiti or Zila Parishad not later than 3.00 P.M. on the last date for making nominations; and (f) Forms A and B are signed, in ink only, by the said office bearer or person authorised by the party: Provided that no facsimile signature or signature by means of rubber stamp, etc. of any such office bearer shall be accepted and no form transmitted by fax shall be accepted. ### 10. Concession to candidates set up by a State party recognised for the States/Union Territories other than the State of Haryana. - If a political party which is recognised as a State party, in the State or Union Territory other than the State of Haryana, sets up a candidate at an election in a ward in any Panchayat Samiti or Zila Parishad in the State of Haryana, then such candidate may, to the exclusion of all other candidates in the ward, be allotted the symbol reserved for that party in the States or Union Territories in which it is a recognised State party, on the fulfilment of each of the following conditions, namely :- (a) that an application is made to the State Election Commission by the said party for exclusive allotment of that symbol to the candidate set up by it, not later than the third day after the publication in the Official Gazette of the notification calling the election; (b) that the said candidate has made a declaration in his nomination paper that he has been set up by that party at the election and that the party has also fulfilled the requirements of clauses (b), (c), (d), (e) and (f) of paragraph 9 read with paragraph 11 in respect of such candidate ; and (c) that in the opinion of the State Election Commission there is no reasonable ground for refusing the application for such allotment: Provided that nothing contained in this paragraph shall apply to a candidate set up by the State party recognised for other State or Union Territory at an election in any ward of the Panchayat Samiti or Zila Parishad where the same symbol is already reserved for State party recognised for the State of Haryana. Provided further that, if the symbol reserved for the said State party recognised for other State/ Union Territory by the Election Commission of India, is not available in the list of free symbols published by the State Election Commission, the party concerned shall make available the sketch/drawing, of symbol alongwith application to be submitted under sub para (a) of this paragraph. ### 11. Substitution of a candidate by a political party. - For the removal of any doubt, it is hereby clarified that a political party which has given a notice in Form B under paragraph 9 in favour of a candidate may rescind that notice and may give a revised notice in Form B in favour of another candidate for the ward: Provided that the revised notice in Form B, clearly indicating therein that the earlier notice in Form B has been rescinded, reaches the Returning Officer of the ward, not later than 3.00 p.m. on the last date for making nominations, and the said revised notice in Form B is signed by the authorized person referred to in clause (d) of paragraph 9: Provided further that in case more than one notice in Form B is received by the Returning Officer in respect of two or more candidates, and the political party fails to indicate in such notices in Form B that the earlier notice or notices in Form B, has or have been rescinded, the Returning Officer shall accept the notice in Form B in respect of the candidate whose nomination paper was first delivered to him, and the remaining candidate or candidates in respect of whom also notice or notices in Form B has or have been received by him, shall not be treated as candidates set up by such political party. ### 12. Preparation of list of validly nominated candidates. (1) List of validly nominated candidates shall be prepared by the Returning Officer alphabetically in Hindi in Devnagari script as per the following Order:- (a) name of the candidates set up by the recognised political party; (b) name of candidates set up by the registered but un-recognised political party; and (c) names of independent candidates. ### 13. Power of State Election Commission to debar the contesting candidate or to withdraw the reserved symbol of a recognized political party for its failure to observe Model Code of Conduct or to follow lawful directions and instructions of the State Election Commission. - Notwithstanding anything contained in this Order, if the State Election Commission is satisfied on information in its possession that a recognized political party under the provisions of this Order, has failed or has refused or is refusing or has shown or is showing defiance by its conduct or otherwise (a) to observe the provisions of the "Model Code of Conduct for Guidance of Political parties and candidates" as issued by the State Election Commission or as amended by it from time to time, or (b) to follow or carry out the lawful directions and instructions of the State Election Commission given from time to time with a view to furthering the conduct of free, fair and peaceful elections of safeguarding the interests of the general public and the electorate in particular, the State Election Commission may, after taking into account all the available facts and circumstances of the case and after giving the party a reasonable opportunity of showing cause in relation to the action proposed to be taken against it, either debar the contesting candidate or to withdraw the reserved symbol of such party for such period as the State Election Commission may deem appropriate. Provided that if a symbol of a contesting candidate set up by a political party has been withdrawn, he can contest election on a free symbol. ### 14. Power of State Election Commission to issue instructions and directions. - The State Election Commission may issue instructions and directions,- (a) for the clarification of any of the provision of this Order; (b) for the removal of any difficulty which may arise in relation to the implementation of any such provisions; and (c) in relation to any matter with respect to which this Order makes no provision or makes insufficient provision, and provision is in the opinion of the State Election Commission necessary for the smooth and orderly conduct of elections. ### 15. Repeal and savings. - The Haryana Panchayati Raj Election Symbols (Reservation and Allotment) Order, 1996, are hereby repealed: Provided that any order made or action taken under the order so repealed shall be made or taken under the corresponding provisions of these orders. Form-A Communication with regard to Authorised Persons to Intimate names of candidates set up by Recognised National or State Political Party or Registered Un-Registered Political Party [See paragraph 9] To The Returning Officer for the \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_Panchayat Samiti/Zila Parishad. Subject: Elections to Member Panchayat Samiti or Zila Parishad \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ -Allotment of Symbols-Authorisation of persons to intimate names of candidates. Sir, In pursuance of the Haryana Panchayati Raj Election Symbols (Reservation and Allotment) Order, 2013, I hereby communicate that the following person(s) has/have been authorised by the party, which is National party/State party in the State of \_\_\_\_\_\_\_\_\_\_\_\_Registered but Un-recognised party to intimate the names of the candidates proposed to be set up by the party at the election cited above. \| \| \| \| \| --- \| --- \| --- \| \| Name of person authorised to send notice \| Name of office held in the party \| Name of Panchayat Samiti or Zila Parishad and it's Ward No. in respect of which he has been authorised. \| \| 1 \| 2 \| 3 \| \| 1. \| \| \| \| 2. \| \| \| \| 3. \| \| \| \| 4. \| \| \| \| 5. \| \| \| ### 2. The specimen signatures of the above mentioned person(s) so authorised are given below:- ### 1. Specimen signatures of Shri \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (i) \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (ii) \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (iii) \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ ### 2. Specimen signatures of Shri \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (i) \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (ii) \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (iii) \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_. ### 3. Specimen signatures of Shri \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (i) \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (ii) \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (iii) \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_. Yours faithfully, President/Secretary Name of the Party. (Seal) Place: Date: N.B. ### 1. This must be delivered to the Returning Officer not later than 3.00 p.m. on the last date for making nominations. ### 2. Form must be signed in ink by the office bearer(s) mentioned above. ### 3. No facsimile signature or signature by means of rubber stamp, etc. of any office bearer shall be accepted. ### 4. No form transmitted by fax shall be accepted. Form B Notice as to name of candidate set up by The Political Party (See paragraph 9) To The Returning Officer for the \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Panchayat Samiti or Zila Parishad. Subject: Election to Elections to Member Panchayat Samiti or Zila Parishad \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_-Setting up of candidate. Sir, In pursuance of the Haryana Panchayati Raj Election Symbols (Reservation and Allotment) Order, 2013, I hereby give notice on behalf of \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_(Party) . (i) that the person whose particulars are furnished in columns(2) to (4) below is the approved candidate of the part above named, and (ii) the person whose particulars are mentioned in columns (5) to (7) below is the substituted candidate of the party, who will step -up on the approved candidate's nomination being rejected on scrutiny or on his withdrawing from the contest, if the substitute candidate is still a contesting candidate, at the ensuing general/bye-election from this constituency: \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| Name and Ward No. of Panchayat Samiti or Zila Parishad \| Name of the approved candidate \| Father's/ Mother's/ Husband'sName of approved candidate. \| Postal address of approved candidate. \| [Name of the substitute candidate who will step in (i) on the approved candidate's nomination being rejected on scrutiny, or (ii) on his (approved candidate) withdrawing from the contest if, however, the nomination paper of substitute candidate is accepted on scrutiny as an independent candidate, and he is still a contesting candidate.] [Substituted by No. SEC/3E-11/2014/2931, dated 5th November, 2014.] \| Father's/ Mother's/Husband's name of substituted candidate. \| Postal address of substituted candidate. \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| 7 \| ### 2. The notice in Form "B" given earlier in favour of Shri/Smt./Sushri \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ as party's approved candidate/Shri/Smt./Sushri \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ as Party's substituted candidate is hereby rescinded. ### 3. It is certified that each of the candidates whose name is mentioned above is a member of this political party and his name is duly borne on the rolls of members of this party. Yours faithfully, Place: Date: (Name and Signature of the Authorized person of the Party) (Seal of Party) N.B. This must be delivered to the Returning Officer not later than 3.00 p.m. on the last date for making nominations. ### 1. Form must be signed in ink by the office bearer(s) mentioned above. No facsimile signature or signature by means of rubber stamp, etc. of any office bearer shall be accepted. ### 2. No form transmitted by fax shall be accepted. ### 3. Para 2 of the Form must be scored off, if not applicable or must be properly filed, if applicable. \| \| \| \| --- \| --- \| \| Dated Panchkula \| Dharam Vir \| \| the 13th March, 2014 \| State Election Commissioner, Haryana \| \| Endst.No.SEC/3E-II/2014/ 315-502 \| Dated: 13.03.2014 \| A copy is forwarded to the following for information and necessary action :- ### 1. Chief Secretary to Government of Haryana, Chandigarh. ### 2. Financial Commissioner & Principal Secretary to Government of Haryana, Development & Panchayat Department, Chandigarh. ### 3. Divisional Commissioner, Ambala, Rohtak, Hisar and Gurgaon. ### 4. Director, Development and Panchayat, Haryana, Chandigarh. ### 5. All the Deputy Commissioners-cum-District Election Officers (Panchayat) in the State of Haryana. They are requested to circulate copy of this order to all the concerned. ### 6. Director, Public Relation Haryana, Chandigarh. ### 7. All the District Development and Panchayat Officers in the State of Haryana, Chandigarh. ### 8. All Block Development and Panchayat Officers in the State of Haryana. ### 9. All the recognized National parties and State Parties in Haryana. ### 10. The Controller, Printing and Stationery Department, Haryana for publication in the Haryana Government Gazette (Extraordinary) dated 13.03.2014. He is requested to supply 50 copies of the notification to the Commission for information and record.
65b9e1c8ab84c7eca86ea2c0	acts	State of Assam - Act ---------------------- The Code of Criminal Procedure (Assam) (Amendment) Act, 1980 -------------------------------------------------------------- ASSAM India The Code of Criminal Procedure (Assam) (Amendment) Act, 1980 ============================================================== Act 3 of 1980 --------------- * Published on 19 July 1980 * Commenced on 19 July 1980 The Code of Criminal Procedure (Assam) (Amendment) Act, 1980 President's Act No. 3 of 1980 Last Updated 11th February, 2020 [Received the assent of the President on 19th July, 1980] [Enacted by the President in the Thirty-first Year of the Republic of India] An Act further to amend the Code of Criminal Procedure, 1973 in its application to the State of Assam In exercise of the powers conferred by Section 3 of the Assam State Legislature (Delegation of Powers) Act, 1980 (38 of 1980) the President is pleased to enact as follows: ### 1. Short title, extent and commencement. (1) This Act may be called the Code of Criminal Procedure (Assam) (Amendment) Act, 1980. (2) It extends to the whole of the State of Assam. (3) It shall be deemed to have come into force on the 5th day of June, 1980. ### 2. Amendment of Section 45. - In the Code of Criminal Procedure, 1973 (2 of 1974) in its application to the State of Assam (hereinafter referred to as the principal Act), for sub-section (2) of Section 45, the following sub-section shall be substituted, namely: "(2) The State Government may by notification direct that the provisions of sub-section (1) shall apply- (a) to such class or category of the members of the Forces charged with the maintenance of public order, or (b) to such class or category of other Public servants [not being persons to whom the provisions of sub-section (1) apply] charged with the maintenance of public order, as may be specified in notification wherever they may be serving and thereupon the provisions of that sub-section shall apply as if for the expression 'Central Government' occurring therein, the expression 'State Government' were substituted." ### 3. Amendment of Section 197. - In the principal Act for sub-section (3) of Section 197, the following sub-section shall be substituted, namely: "(3) The State Government may, by notification, direct that the provisions of sub-section (2) shall apply- (a) to such class or category of the members of the Forces charged with the maintenance of public order, or (b) to such class or category of other public servants [not being persons to whom the provisions of sub-section (1) or sub-section (2) apply] charged with the maintenance of public order, as may be specified in the notification, wherever they may be serving, and thereupon the provisions of sub-section (2) shall apply as if for the expression 'Central Government' occurring therein, the expression 'State Government' were substituted." ### 4. Repeal and saving. (1) The Code of Criminal Procedure (Assam) (Amendment) Ordinance, 1980 (9 of 1980) is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under the principal Act, as amended by the said Ordinance, shall be deemed to have been done or taken under the principal Act, as amended by this Act.
65bad7cdab84c7eca86ec971	acts	State of Jharkhand - Act -------------------------- Bengal Cruelty to Animals (Arrest) Act, 1869 ---------------------------------------------- JHARKHAND India Bengal Cruelty to Animals (Arrest) Act, 1869 ============================================== Act 3 of 1869 --------------- * Published on 25 August 1869 * Commenced on 25 August 1869 Bengal Cruelty to Animals (Arrest) Act, 1869 Act 3 of 1869 [Dated 25th August, 1869] An Act to enable Police-Officers to arrest without warrant person guilty of cruelty to Animals Preamble. - Whereas it is expedient to enable police-officers in certain places to arrest without warrant any person committing, within their view, any offence against Act 1 of 1869 passed by the Lieutenant-Governor of Bengal-in-Council, entitled an Act for the Prevention of Cruelty to Animal; It is enacted as follows;- ### 1. Power to arrest without warrant persons guilty of cruelty. - Every Police-Officer may arrest without a warrant any person committing, in his view; any offence against the said Act 1 of 1869 . ### 2. Act to apply to Calcutta and suburbs. - This Act shall apply to the Town of Calcutta, as defined in Act 4 of 1866 passed by Lieutenent-Governor of Bengal-in-Council and in the suburbs of the town of Calcutta, as the same may from time to time be defined by any notification to be from time to time published by the said Lieutenant-Governor in pursuance of the provisions of Act 2 of 1866, and save as hereinafter is provided, to such towns and suburbs only. ### 3. Power to extend Act. - It shall be lawful for the [State] [Substituted by the Adaptation of Laws Order.] Government of Bengal, by a notification, to be published in the [Official Gazette] [Substituted by the Adaptation of Laws Order, for the words 'Calcutta Gazette'.] , to extend this Act to any town, suburb, district or tract of country, to be mentioned and defined in such notification; and from and after the publication of such notification this Act shall extend and apply to the town, suburb, district or tract of country therein mentioned and defined.
65b9c059ab84c7eca86e9dd0	acts	State of Rajasthan - Act -------------------------- Composition Scheme for Gems and Stones, 2006 ---------------------------------------------- RAJASTHAN India Composition Scheme for Gems and Stones, 2006 ============================================== Rule COMPOSITION-SCHEME-FOR-GEMS-AND-STONES-2006 of 2006 ---------------------------------------------------------- * Published on 6 May 2006 * Commenced on 6 May 2006 Composition Scheme for Gems and Stones, 2006 Published vide Notification No. F. 12(63) FD/Tax/2005-37, dated 6-5-2006, Published in Rajasthan Gazette, Extraordinary, Part 4(C)(2), dated 8-5-2006, page 63(2) S.O. 85. - In exercise of the powers conferred by section 5 of the Rajasthan Value Added Tax Act, 2003 (Act No. 4 of 2003), the State Government being of the opinion that it is expedient in the public interest so to do, hereby notifies the "Composition Scheme for Gems and Stones, 2006" (hereinafter referred to as 'the scheme'), and permits such dealer to opt for composition amount in lieu of their tax liability in respect of their sales of all kinds of synthetic gems and stones and all kinds of precious and semi-precious gems and stones (including kharad), pearls (whether real or cultured) and diamonds, within the State of payment of composition amount determined on the basis of their gross turnover of the relevant year as per their books of accounts. ### 1. ### 0. Date of commencement. - This scheme shall be deemed to have come into force with effect from April 1, 2006. 2.0 Applicability. - 2.1 The scheme shall be applicable to the dealer registered under the Act and dealing in all kinds of synthetic gems and stones and all kinds of precious and semi-precious gems and stones (including kharad), pearls (whether real or cultured) and diamonds: Provided that registered dealers against whom cases of avoidance or evasion of tax are pending, shall not be eligible for composition of tax under this Scheme. 3.0 Composition Amount. - 3.1 The composition amount to be paid per annum per dealer in lieu of tax shall be for the composition period of two year's and shall be determined for the first year as follows:- \| \| \| \| \| --- \| --- \| --- \| \| S. No. \| Annual Gross turnover of the relevant year \| Annual Composition amount (in Rs.) \| \| 1. \| Upto Rs. 2.00 lac \| Nil \| \| 2. \| More than Rs. 2.00 lac and upto Rs. 10.00 lac \| 3,000/- \| \| 3. \| More than Rs. 10.00 lac and upto Rs. 50.00 lac \| 9,600/- \| \| 4. \| More than Rs. 50.00 lac and upto Rs. 100.00 lac \| 15,000/- \| \| 5. \| More than Rs. 100.00 lac and upto Rs. 200.00 lac \| 21,600/- \| \| 6. \| Above Rs. 200.00 lac \| 30,000/- \| 3.2 Notwithstanding anything contained in clause 3.1, for dealers availing benefit under the old composition scheme dated 12-7-04, the composition amount for the year 2006-07 shall not be less than 120% of the composition amount payable by him in year 2005- 06 under the said old scheme. 3.3 Where a dealer commences new business during the financial year, the composition amount shall be equal to the proportionate of the composition amount calculated by annualizing the turnover for the relevant year. 3.4 The composition amount for the year 2007-2008 and thereafter, shall be determined by an increase of 10% in the composition amount of the immediately preceding year. However, if the applicant dealer is covered in the higher tax slab in the year, his composition amount shall be higher of these two amounts. 3.5 If the dealer has deposited the composition amount for the financial year 2006-2007, under the old composition scheme dated 30-04-1999, the amount so paid shall be adjusted against the composition amount payable under this scheme. 3.6 The composition amount determined under clauses 3.1, 3.2 & 3.4 shall be proportionately revised when the rate of tax on jewellery, ornaments, articles made of gold, silver and other precious metals and alloys there of with or without precious or semi-precious stones including diamonds, is revised under section 4 of the Rajasthan Value Added Tax Act, 2003. 4.0 Manner of payment of Composition Amount. - 4.1 The composition amount shall be paid in four quarterly installments. The installment for the period April 1 to June 30, shall be paid by 7th April; for the period July 1 to September 30 by 7th July; for the period of October 1 to December 31 by 7th October; and for the period January 1 to 31 March by the 7th January. The difference, if any, as per the actual turnover of whole of the year shall be calculated and the balance of the composition amount, if any. shall be deposited by April 30th, of the immediately succeeding year. 4.2 For the composition period of the year 2006-2007, the installments of the composition amount already fallen due shall be deposited within 30 days of the publication of this notification in the Official Gazette and the tax, if any, collected/charged prior to the issuance of the scheme shall be deposited immediately and if the amount of tax so deposited is less than or equal to the amount of installments due till date, such deposited tax shall be adjusted against due installments. However, if such tax is in excess of the amount of installments due, if shall stand forfeited in favour of the State Government, and die remaining installments shall have to be paid by the dealer in accordance with the scheme. 4.3 Where a dealer commences new business during the financial year, the installments of the composition amount already fallen due, shall be deposited and proof thereof shall be enclosed along with his application for exercising option for this scheme. The subsequent installments shall be deposited in accordance with clause 4.1 and 4.2 of the Scheme as may be applicable to such dealer. 5.0 Composition Certificate. - 5.1 A registered dealer opting for this Scheme shall submit an application on a plain paper to his assessing authority within sixty days of the commencement of the year or within thirty days of the issuance of registration certificate, whichever is later, stating therein the name, address, status, registration numbers, gross annual turnover of immediately preceding year, if any, tax paid in the immediately preceding year if any and such other information as may be relevant for the implementation of this scheme. Such application shall be submitted along with the proof of deposit of minimum composition amount i.e. Rs. 7,200/-. However, for the year 2006-2007, such application may be submitted within thirty days of the date of publication of this notification. 5.2 On receipt of the application, the assessing authority shall issue the composition certificate in Form CS-2006 appended to this notification. The composition certificate shall initially valid for two years subject to further renewal or cancellation or the scheme is rescinded by the State Government. 5.3 Where a dealer has failed to opt for the scheme within the stipulated period, he shall be allowed to avail the benefits of the Scheme on fulfillment of the following conditions, namely:- (i) he shall deposit the whole of the amount which has become due under the Scheme along with the interest thereon at the rate notified under the said Act; (ii) he shall also deposit a late fee. amounting to twenty five percent of the due composition amount required to be deposited under the Scheme where he exercise this option after December 31st, and this late fee shall be fifty percent of due amount if he exercises this option after December 31 but before March 31, of the relevant financial year; and (iii) he shall deposit the tax charged or collected, if any, to the State Government before making application under the scheme. 5.4 Where a dealer has failed to deposit the composition amount in the period specified under the Scheme, he shall be allowed to continue to avail the benefits of the Scheme on fulfillment of the following conditions, namely:- (i) he shall deposit the whole of the amount which has become due under the Scheme along with the interest thereon at the rate notified under the said Act; and (ii) he shall also deposit a late fee, amounting to twenty five percent of the due composition amount required to be deposited under the Scheme where he deposits the due installments by December 31st, and this late fee shall be fifty percent of due amount if he deposits the due installments after December 31 but before March 31, of the relevant financial year. 5.5 The composition certificate may be renewed for a further period of two years at a time by submitting an application to the assessing authority on plain paper before thirty days of the expiry of the composition period. The composition certificate shall be enclosed with application along with the details of the turnover of the preceding year. On receipt of the application the assessing authority shall determine the composition amount in accordance with clause 3.0 and renew the composition certificate accordingly. 6.0 Assessments. - The dealer shall file his annual turnover details of synthetic gems and stones and all kinds of precious and semi-precious gems and stones (including kharad), pearls (whether real or cultured) and diamonds, alongwith the copy of the challan in support of the payment of composition amount within sixty days of the close of the relevant year. 7.0 Conditions. - 7.1 Save as provided in the scheme, the dealer opting for composition of tax under this scheme shall be subject to all the provisions of the Rajasthan Value Added Tax Act, 2003 and rules made thereunder. 7.2 The dealer shall not charge or collect any tax from a purchaser on the sale of goods during the composition period, however, tax charged or collected by the dealer shall have to be deposited forthwith and the tax already deposited shall not be refunded. 7.3 The dealer shall not be entitled to claim any input tax credit or refund in respect of purchases made by him. 7.4 If any dealer voluntarily withdraws from the scheme during the year, he shall be required to deposit the whole of the composition amount, if not already paid for the year forthwith. 7.5 In cases where a dealer availing of the benefit of the Scheme opts out of it, and at any time thereafter opts for the scheme again, the composition amount payable shall not be less than what was payable in the last year as per the composition certificate. 7.6 The composition amount and any other levy under the scheme shall be recoverable as arrears of land revenue under the Rajasthan Value Added Tax Act, 2003. 7.7 Where during composition period, the dealer violates any of the conditions of the scheme or aids or abets the evasion of tax, the assessing authority, after affording reasonable opportunity of being heard, may cancel the composition certificate. This will be without prejudice to the action, penal or otherwise, for which such dealer shall be liable under the provisions of the Rajasthan Value Added Tax Act, 2003 and rules made there under. 7.8 The State Government may review the scheme at any time and may amend, any or all the provisions of the scheme as it may deem fit. On such amendment, the dealer shall pay the revised composition amount and any other charges from the beginning of the calendar month following the month in which such amendment takes place. 7.9 The State Government may review the scheme and on being satisfied that it is not in the public interest to continue the scheme, it may revoke the scheme forthwith or from such date as it may notify. Form CS-2006 Composition Certificate [Under Composition Scheme for registered, dealers dealing in all kinds of synthetic gems and stones of all kinds of precious and semi-precious gems and stones (including kharad), peals whether real or cultured) and diamonds-2006] \| \| \| \| --- \| --- \| \| Book No. \| Circle \| \| Serial No. \| Ward \| Under the "Composition Scheme for Gems and Stone Dealers- 2006", I hereby permit M/s................. (address) R.C. No........ to deposit composition amount in lieu of tax for the years (i)............ & (ii)..........on the purchase and sale of all kinds of synthetic gems and stones and all kinds of precious and semi-precious gems and stones (including kharad), pearls (whether real or cultured) and diamonds, in accordance with the provision of the said scheme. The quarterly installments are to be paid in accordance with the Scheme. This certificate shall be initially valid for two years subject to further renewal or cancellation or the scheme is revoked. \| \| \| \| --- \| --- \| \| Place: \| Signature \| \| Date: \| Designation \| \| \| \| \| \| --- \| --- \| --- \| \| This certificate is renewed for the year: \| 1............. \| Amount........ \| \| \| Signature of the Assessing \| \| \| Authority \| Designation \| \| \| 2........…. \| Amount......... \| \| \| Signature of the Assessing \| \| \| Authority \| Designation \| \| \| 3.......... \| \| \| 4.......... \|
65b9e31cab84c7eca86ea2e6	acts	State of Assam - Act ---------------------- Regulations for Allotment and Vacation of Residential Houses of the Assam Agricultural University --------------------------------------------------------------------------------------------------- ASSAM India Regulations for Allotment and Vacation of Residential Houses of the Assam Agricultural University =================================================================================================== Rule REGULATIONS-FOR-ALLOTMENT-AND-VACATION-OF-RESIDENTIAL-HOUSES-OF-THE-ASSAM-AGRICULTURAL-UNIVERSITY of 1990 ---------------------------------------------------------------------------------------------------------------- * Published on 30 June 1990 * Commenced on 30 June 1990 Regulations for Allotment and Vacation of Residential Houses of the Assam Agricultural University Last Updated 10th February, 2020 In accordance with the provision containing in sub-section 43 of the Assam Agricultural University Act, 1968 (as amended up-to date), the following Regulations approved by the Board of Management in its meeting held on 30th June 1990 vide A.I. No. 9 are published in the official Gazette for general information of all concerned. This supersedes the earlier Rules notified vide this office Memo No. AAU/BOM AT/79-80/1154-214, dated 26th April 1979. This shall come into force with effect from 1st July 1990. ### 1. Short Title and Application. (a) These Regulations shall be called the Regulations for Allotment and Vacation of Residential Houses of the Assam Agricultural University. (b) These Regulations shall come into force from the date of notification. ### 2. Definitions. (a) Regulations, means Regulations for allotment and vacation of Residential Houses of the Assam Agricultural University. (b) 'University' means the Assam Agricultural University. (c) 'Directorate' means the Directorate of Physical Plant. (d) 'Director' means the Director of Physical Plant or any other officer who is exercising the power of 'Director. (e) 'Committee' means the House Allotment Committee for the purpose. (f) 'House' means Residential Quarters of the Assam Agricultural University. (g) 'The State Government' means the Government of Assam. (h) 'Pay' means pay as defined in the Fundamental Rules and includes special pay, personal pay and such other emolument classified as 'pay'. (i) 'Family' means wife or husband, as the case may be and legitimate children and parents residing with the employee. (j) 'Standard rent' means the rent declared as such by the Directorate in accordance with any general or special orders of the University. (k) 'Panel Rent' means the rent fixed by the University authority by a general or special order as measure of penalty for violation of any provision of the Rules. (l) 'Unauthorised occupation' means in relation to any residential houses of the University in contravention of Regulation of the University. ### 3. General. (a) The houses shall be under the control or the Directorate of Physical Plant which shall be responsible for their proper maintenance and for enforcement of rules. (b) The houses constructed by the Agencies/Departments others than the Directorate shall be handed over to the Directorate soon, after their completion for allotment under these rules. ### 4. (a) The houses shall be classified into the following categories no the basis of plinth areas. \| \| \| \| --- \| --- \| \| Type A \| 150 Sqm. and above. \| \| Type B \| 125 Sqm. and above. \| \| Type C \| 100 Sqm. and above. \| \| Type D \| 70 Sqm. and above. \| \| Type E \| 50 Sqm. and above. \| \| Type F \| Below 50 Sqm. \| (b) These entitlement of different types of accommodation may be determined on the basis of the pay scale & status of the incumbent as to be notified by the authority from time to time. ### 5. There shall be the following House Allotment Committees for purpose of the allotment of house (a) For main campus at Jorhat- \| \| \| \| \| --- \| --- \| --- \| \| 1. \| Dean, Faculty of Agriculture, AAU. \| -Chairman \| \| 2. \| Other Deans/Assoc. Dean of the Faculties \| -Member. \| \| 3. \| Registrar of his nominee \| -Member. \| \| 4. \| Comptroller or his nominee \| -Member. \| \| 5. \| One teacher representative of each faculty to be nominated by the concerned Association \| -Member. \| \| 6. \| One representative of each of the recognised employees Association other than the teachers. \| -Member. \| \| 7. \| Executive Engineer to be nominated by the D.P.P. \| -Member / Secretary. \| (b) For Khanapara Campus \| \| \| \| \| --- \| --- \| --- \| \| 1. \| Dean, Faculty of Vety. Science \| -Chairman \| \| 2. \| One teacher representative of the Faculty of Vety. Science to be nominated by Association. \| -Member \| \| 3. \| One Representative from each of the recognised Employees Association. \| -Member \| \| 4. \| Dy. Registrar, Khanapara \| -Member \| \| 5. \| Dy. Comptroller \| -Member \| \| 6. \| Executive Engineer to be nominated by D.P.P. \| -Member/Secretary \| (c) Outlying Research & Training Centres/Colleges \| \| \| \| \| --- \| --- \| --- \| \| 1. \| (a) Assoc. Dean/OSD of the College. \| -Chairman nominated by the V.C. \| \| \| (b) Chief Scientist/Station in-charge/Chief Training Organiser/Principal \| -Do. \| \| 2. \| One representative of the concerned Directorate of Research/Directorate of Extn. Education. \| -Member. \| \| 3. \| One representative from 'Teachers' of the Station. \| -Member. \| \| 4. \| One representative from employee station other than Teachers of the Station. \| -Member. \| \| 5. \| One representative from D.P.P. to be nominated by D.P.P. \| -Do \| The Chairman will nominate a Secretary of the House Allotment Committee from amongst the members during his term. ### 6. Application for allotment. - An employee shall have to apply to the Secretary of the concerned Committee for allotment of a house an the prescribed form. Application will be received quarterly on or before 15th of January, April, July and October each year. All applications received will be considered in the meaning of the Committee convened for the purpose and formal allotment will be notified within a week (application once applied for the allotment will be valid for one year only). ### 7. Eligibility and criteria for allotment. (a) An employee shall be eligible for a type of house when one reaches that particular stage in the time scale of pay and envisaged in clause 4(b) above provided that when the duties of an employee are such that his presence in the interest of the University is essential, for the purpose of allotment of residential quarters to be declared by the University Administration, he may be allotted a house on the basis of priority. (b) Subject to (a) above, the allotment of house shall be made on the following considerations. (i) Seniority of the employees in terms of date of eligibility of a particular type of house. (ii) Relative necessity of the University to have such employees residing in the University Campus as decided by the House Allotment Committee concerned. (iii) The allotment of house to an employee be made subject to furnishing an undertaking in the manner prescribed vide (Annexure-I). (iv) The Vice-Chancellor may take out the residential quarters from the pool for making allotment in order to take case of special situation and in the interest of the University. ### 8. Ineligibility. (a) No employee shall be allotted a houses if the wife or husband as the case may be of the employee has already been allotted a residence by the University. (b) When two employees in occupation of separate house marry each other, the senior most in the rank it respect of the University service will be eligible to occupy the house and the other shall surrender the same within one month of their marriage. ### 9. Occupation. (a) An employee who is allotted a house shall intimate his acceptance to the H.A.C. concerned within a period of 7 (seven) days from the date of receipt of the order and should occupy the same within a period of 15(fifteen) days. The rent shall, however, be payable from his pay after expiry of seven days of the receipt of allotment order. In case, any employee fails to intimate and/or occupy the house within the time limit without any valid ground his allotment order shall be cancelled. (b) A competent authority may allow retention of a house by the employee/family on following grounds subject to payment of usual rent for the period of times specified below : (i) Resignation, dismissal, removal or termination of service 1 month. (ii) Transfer other stations or on foreign service/retirement/death of an employee while in service three months. (iii) Study leavy/deputation for higher training-full period provided that the family of the person on leave actually resides in his house. (iv) All kinds of leave with pay other than study leave-full period of leave. Employees who are granted leave without pay also be allowed to retain the quarters for the period of leave on payment of usual rent. (c) The persons vacating the house shall have to give at least 10 (ten) days notice to the Director for taking over the house. (d) The inventory of fitting and fixtures on a form prescribed is to be signed by the occupants of the house while he occupies or vacates the house. (e) In case an employee fails to occupy the house allotted to him within the time specified without reasonable ground, he shall be debarred for fresh allotment of house for one year. (f) If an employee occupies a house in an unauthorised manner he shall be evicted in the manner prescribed vide clause 18 below. During un-authorised occupation full panel rent under the rules be charged. (g) No occupant shall keep any cattle, buffaloes, goats, poultry, birds etc. in the campus. ### 10. Rent. (a) Unless otherwise exempted by the authority an employee who has been allotted a house has to pay the rent as decided by the Authority. The rent shall be deducted from the monthly pay bills. In case of joint occupation the rent shall be realised proportionately. (b) The payment of service charges of electricity, water supply etc. shall be the responsibility of the occupants. Persons vacating the house shall pay the charges of the ASEB authorities before they leave and shall not pass the same to the successors. ### 11. Sub-letting. (a) No employee shall sublet the whole or part of house allotted to him to any other person. (b) Violation of the clause II (a) and II (b) by an employee shall be tantamount to forfeiture of his allotment to the house and he shall have to vacate the quarter within one month notice. ### 12. Maintenance of House compound. (a) The employee to whom a house is allotted will keep the premises neat and tidy in a clean condition. He shall also be responsible for fitting and fixtures etc. provided in the house. Such an employee shall not maintain any cattle etc. as mentioned under Clause 9(g) and has to obey the instructions issued by the authority from time to time. (b) After the allotment of the house, it shall be the responsibility of the occupants to get electricity or other services connections and the registration be made in the personal name. ### 13. Breach of rules. - If an employee to whom a house has been allotted makes any breach of the foregoing rules or the terms and conditions of allotment or uses the premises for any other purposes other than for his accommodation, the University Administration without prejudices to any other disciplinary action may cancel the allotment forthwith and he will be debarred from allotment of a quarters for 3 years. ### 14. Interpretation. - If any question arises as to the interpretation of rules the decisions of the Committee shall be final. ### 15. Exception. (a) In case of hardship of an individual employee, Vice-Chancellor for reasons to be recorded in writing may relax any of the provisions of the rules. (b) These rules are not applicable to these who are to be provided accommodation by virtue of service conditions. ### 16. Panel Rent. - An employee who fails to vacate the house within the time stipulated, shall have to pay a panel rent which should be two times the standard rent or 20% of the pay (whichever is less) for the next three months. ### 17. Steps to affect Vacation. (a) If the house is not vacated within a period of three months as mentioned in clause 16 above, the Director of Physical Plant shall serve notice on the person for immediate vacation of the quarter. The Directorate of Physical Plant would be responsible to process such action and the University Administration will take steps for realisation of panel rent mentioned above. This provision of rule would be applicable in case of retired and transferred employees of the University like State Government/Central Government etc., and whose deputation period is over as per terms of deputation. (b) A pensioner of A.A.U. shall not be eligible to get pensionary benefit such as gratuity, leave encashment benefit, and the University share of payment of C.P.F. till certificate from the Directorate of Physical Plant is received that the house allotted to the employee has been vacated as per provisions of the Rule to the satisfaction of the Directorate. (c) Any violation of the above Rules by the employees shall be recorded in his/her Service Book and this aspect shall be taken into consideration at the time of future promotion/selection to the higher posts. ### 18. In case of failure to vacate the quarter within the stipulated period by the retired/transferred, deputed employee and the persons as mentioned in clause 9(b) and even after serving adequate notices by the Director of Physical Plant, the D.P.P., will submit formal proposal to the Registrar, A.A.U., with a detail note to initiate legal action to get the quarter vacated as per law. The Registrar after being satisfied with the actions taken at the level of Directorate will proceed to file evictions suit before the competent court in consultation with the legal Adviser to get the quarter vacated. ### 19. The Board of Management shall have the authority to make amendment, deletion, addition etc., of any clause of the Regulations as and when consideration necessary. Annexure-A Form of Undertaking to be given for occupation of House. I, Shri/Dr............................S/O or W/O Shri/Dr.......................at........do hereby declare that I have gone through the Regulations for allotment and vacation of residential houses of the A.A.U. and solemnly affirm that I shall abide by the said Regulation and various provisions contained in it. In case of my failure to comply with any provisions of the said Regulation. I shall be liable to penal/legal action as provided in the said Regulation of House Allotment and vacation of the Assam Agricultural University. This undertaking is signed by me to-day the.......................of 199 in presence of Shri/Dr. Controlling Officer/Head of the Deptt. of.............. Signature of Controlling Officer/Head of the Deptt. Signature of applicant Place.................. Office of the Registrar : Assam Agricultural University : Jorhat Notifications The 10th April, 1990 No. AAU/R-147 (BOM) /89-90. - In accordance with the provision contained in Section 42(5) of the Assam Agricultural University Act, 1968 (as amended up-to-date) the following revised delegation of Administrative & Financial Powers-1988 approved by the Board of Management in its meeting held on 3rd November 1988 vide A.I.No.2(7) and consented by the Chancellor on 16th February 1990, are published in the official Gazette for general information. This will come into force with immediate effect. This supercedes the existing delegation of Administrative and financial powers, 1983 given to the different officers of the University earlier.
65ba8a41ab84c7eca86ebfa5	acts	Union of India - Act ---------------------- Paradip Port Rules, 1966 -------------------------- UNION OF INDIA India Paradip Port Rules, 1966 ========================== Rule PARADIP-PORT-RULES-1966 of 1966 -------------------------------------- * Published on 19 December 1966 * Commenced on 19 December 1966 Paradip Port Rules, 1966 Published vide Notification Gazette of India, 1966, Part 2, Section 3(i) , page 2308. ### 2017. G.S.R. 1982, dated 19th December, 1966 - In exercise of the powers conferred by subsection (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 Paradip, the same having been previously published as required by sub-section (2) of the said section namely :- I. Preliminary ### 1. Short title and application. (1) These rules may be called the Paradip Port Rules, 1966. (2) They shall, unless otherwise provided in these rules, be applicable only within the local limits of the port of Paradip. ### 2. Definitions. - In these rules, unless the context otherwise requires : (a) "Act", means the Indian Ports Act, 1908 (15 of 1908). (b) "Conservator" means the Conservator for the port of Paradip appointed by the Central Government under the Act. (c) "Dangerous Goods" means goods as defined in the Indian Merchant shipping (Carriage of Dangerous Goods) Rules, 1954. (d) "Dangerous petroleum" means petroleum having its flash point below 24.4 degrees centigrade. (e) "Deputy Conservator" means the head of the Port's Marine Department and includes the harbour master or any pilot duly authorised by the head of the Marine Department in this behalf. (f) "Fuel oil" means petroleum oil having a flash point of not less than 65.6 degrees centigrade and ordinarily used as fuel in engines and furnaces. (g) "Master" in relation to any vessel means any person (except pilot or harbour master) having for the time being the charge or control of such vessel. (h) "Owner" in relation to goods, includes any consignor, consignee shipper or agent for the sale, custody, Loading or unloading of such goods, and in relation to any vessel making use of the port, includes any part-owner, charterer, consignee, or mortgagee in possession thereof. (i) "Petroleum" means any liquid hydro-carbon or mixture of hydro-carbon and any inflammable mixture (Liquid, viscous or solid) containing any liquid hydro-carbon, but does not include any oil ordinarily used for lubricating purpose and having a flash point at or above 93.3 degrees centigrade. (j) "Pilot" means a person for the time being authorised by the Central Government to pilot vessels under sub-section (3) of section 3 of the Act. (k) "Port" means the port of Paradip. (l) "Port authorities" means the Administrator, Paradip Port appointed by the Central Government and includes any other officer of the Port acting under the authority of the Administrator Paradip Port. (m) "Tanker" is a cargo ship constructed or adapted for the carriage in bulk of liquid cargoes of an inflammable nature. (n) "Traffic Manager" means the officer for the time being in charge of traffic operations in the port and includes the Deputy and Assistant Traffic Managers and any other officer acting under the authority of the Traffic Manager. II. Admission of vessels into Port ### 3. Intimation of a vessels expected arrival (1) When a vessel is expected to arrive, her agents shall, at least forty-eight hours before the expected time of arrival, send a notice in the form prescribed by the Deputy Conservator, to the Traffic Manager with a copy to the Deputy Conservator. Any special requirements regarding particular berths, heavy lift cranes and other things shall be indicated in such notice. Detailed particulars of cargo to be landed at the port with items of special cargo and heavy lifts shown separately with their stowage and distribution of cargo hatchwise shall either be attached to the vessels arrival notice or be sent at least 24 hours before the arrival of the vessel. This cargo advice should be in triplicate. (2) The agents of expected vessels should in their own interest contact the Traffic Manager in time and apprise him with all the information regarding nature, quantity, stowage of cargo they intend working and also such information regarding the vessel as will be necessary for berthing her at a suitable berth. ### 4. Allotment of berth - A vessel shall have no claim to a berth in the port until one has been specially allotted by the Traffic Manager and intimation given of such allotment by the Deputy Conservator. Further, allotment of any berth in the port shall only be considered as provisional until a vessel is actually ready to enter the port and her suitability for and the right to such berth is established to the satisfaction of the Traffic Manager. ### 5. Priority for certain vessels - The allotment of berths shall be within the discretion of the Traffic Manager and subject to exigencies, the vessel first sighted and identified by the signal station shall be given priority. Provided that government vessels embarking or disembarking troops, passenger vessels and any other class of vessels which the Deputy Conservator may from time to time declare in this behalf shall be eligible for a degree of priority in berthing. ### 6. Refusal to allot a berth - If the Traffic Manager considers that there is good and sufficient reason for not admitting a vessel into the port, he may refer the matter to the Deputy Conservator and pending the decision of the Deputy Conservator, he may refuse to allot a berth. ### 7. Master to be in command of vessels - A vessel shall not be permitted to enter or leave the port or be moved from one berth to another in the port unless the master is on board. Under exceptional circumstances, such as death or serious illness of the master, special arrangements may be made in consultation with the Deputy Conservator. ### 8. Orders etc., of the Deputy conservator to be carried out - Master and owners of vessels shall obey all direction of the Deputy Conservator in relation to the rotation and manner of approaching the port entrance and of coming into or going out of port. ### 9. Entering or Leaving Port - All sea-going vessels on entering or leaving the port between sun-rise and sun-set shall fly their national flag, and when entering the port, each vessels shall hoist her signal letters. ### 10. Piloting of Vessels - subject to the provisions of the Act and the conditions given below, pilotage is compulsory for all vessels except for those which are specifically exempted in writing by the Deputy Conservator or some other officer specially empowered by him in this behalf. (a) The pilot shall board in-coming ships and disembark from outgoing ships about 4cables length seaward of the Fair Way light Buoy in a position Lat. 200 14. 5' N. Long. 0860 43.0' E and will assist in piloting vessels to and from their assigned berths and in berthing/ unberthing such vessels. (b) The master shall supply the pilot with all the information with regard to quarantine, dangerous goods on board, ship's draft and matters relating to the ship's behaviour and shall on completion of pilotage and berthing or unberthing, complete and sign the certificates on specified forms presented by the pilot. (c) In the event of an out-going vessel carrying a pilot outside the limits specified in clause (a) for unavoidable reasons, the master shall be bound to leave the pilot at the next nearest port and shall be liable to pay all expenses incurred on this account. (d) The master of a vessel shall in accordance with the provisions of the Act, display such signals as are required by the pilot to be used or as may be directed by the pilot. (e) Every vessel entering or leaving the port shall be provided with an efficient pilot ladder in compliance with the India Merchant Shipping (Pilot Ladder) Rules, 1953. If a pilot considers the rope ladder or 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 ladder and stout man-ropes are provided as required. (f) Vessels shall not anchor within the Outer Channel (Sea Admiralty chart No. 538 and Chart Approaches to Paradip) Fairway Buoys or within 4 cables length across the entrance marked by the Outer Channel Fair Buoys or in any other prohibited anchorage, nor shall a master attempt to enter the channel to pick up a pilot. (g) If any accident happens to a vessel while a pilot is on board and if the master of a vessel has any complaint to make regarding the handling of the vessel under the command of the pilot, or the advice given to him by the pilot on duty, he shall report about the accident at once to the Deputy Conservator who shall immediately hold a departmental enquiry. Should the accident occur while the vessel is leaving the port the master should send in full report direct to the Deputy Conservator from his next port of call. This report should be accompanied by a signed statement of any witness to the incident in question. (h) A vessel may leave the port without having on board a pilot under stress of weather after obtaining an authority to do so from the Deputy Conservator and after intimating the Port Signal Station of her intention to do so. ### 11. Use of port tugs - It shall be incumbent upon the master of a vessel to avail of the services of the port tugs, while navigating within the port limits. ### 12. Taking photographs, etc. - No person shall, except under the authority of a written permit granted by the Traffic Manager :- (a) Have or carry with him a camera for taking photographs or any material for making a sketch, plan, model or other devices. (b) Take any photographs or make any sketch, plan or model of any movable or immovable object or building or installation within any dock area. Explanation - For the purposes of this rule, the expression "dock area" shall consist of the following, namely :- (i) The area enclosed by fencing along the eastern, western and northern shores adjacent to the banks of the lagoon or turning basin ; (ii) The Iron Ore berth area enclosed by customs boundary wall ; (iii) Any other area declared as such by the Conservator from time to time. ### 13. Supply of wires, hawsers, etc. - Vessels entering the port shall have in readiness for supply such steel wire ropes and other hawsers as may be required to facilitate berthing alongside. ### 14. Vessel's crew and appliances to be in readiness - Masters or owners of vessels shall employ sufficient number of crew, and keep in readiness such appliances on board as may be necessary for working their vessels in and out of the port channel and in the port. In default or whenever necessary the Deputy Conservator shall employ such number of personnel and make available such appliances as he may consider necessary at the expense of the master or the owner. ### 15. Other precautions (a) Vessels when entering leaving or being moved in port or in the event of parting their moorings when secured to a jetty, quay or buoys shall have both anchors ready for letting off at any time. (b) Vessels when entering, leaving, being moved or lying in the port alongside quays or jetties shall have their sides free of all projections. Their boats. davits and derricks shall be swung in board and gangway landers shall be stored in board. (c) Masters and owners of vessels shall be responsible for all accidents which may result from failure to adopt any of the precautions specified in clauses (a) and (b). ### 16. Vessels lying outside the Port Entrance channel to be moved - A vessel lying in the harbour near the entrance to the port or in the fairway of the channel, or near the entrance channel in the pilotage waters of the harbour shall be removed by the master or owner, if and when required by the Deputy Conservator. Should such removal be not effected promptly, it shall be carried out under the orders and directions of the Deputy Conservator at the risk and expense of the master or owner of such vessel. III Regulations for vessels in the Port ### 17. Master, etc., to place his vessels in her berth (1) All Vessels within the port shall take up such berths as may be asigned to them by the Traffic Manager or the Deputy Conservator and shall change their berths or move when required by either of the said officers. (2) No Vessel shall cast off a warp that has been made fast to her to assist the vessel moving, without being required to do so by the pilot or the Harbour Master in charge of the vessel moving. ### 18. Closing of Hatchways when not working - Vessels when not working cargo shall have all hatchways closed or well protected. ### 19. Mooring Unmooring and moving vessels in Port under orders of the Deputy Conservator - Masters or owners of vessels shall obey the directions of and shall offers no obstruction to the Deputy Conservator, in regard to the mooring, unmooring or moving of any vessel in the Port. A vessel shall not be required to be moved from her berth without the previous orders in writing of the Deputy Conservator. In case it becomes necessary, the Deputy Conservator shall take such action as may be necessary to enforce his orders and any expenses incurred in taking such action shall, without prejudice to any penalty to which the master or owner in default may be liable, be payable by such master or owner. Masters of vessels shall ascertain from the Deputy Conservator the maximum drafts to which their vessels may load. ### 20. Mooring improperly - Masters or owners of vessels in the port shall not permit the ropes or hawsers of their vessels to be made fast to any place or places in the port other than the bollards, mooring ports or other appliances specially provided for the purpose. ### 21. Vessels to be in charge of competent persons - When a vessel remains in the port, the master or any other responsible officer and sufficient number of crew shall always be on board. ### 22. Watchmen to be kept on deck - A vessel in the port shall maintain a Quarter Master or a Watchman always on duty on the deck, who shall be in charge of the vessel's shore gangway and attend to the mooring ropes and lines of the vessel. He shall also be responsible for their adjustment and in case of default, the master or the owner of the vessel shall be liable for any damage as a result of such default. ### 23. Vessel's propeller not to be worked - While a vessel is berthed or moored in the port, any propeller shall not be moved by power without the previous written permission of the Deputy Conservator and subject to such conditions as he may direct. Not-withstanding such permission masters and owners shall be responsible for any damage that may result from the moving of any propeller by power or hand. ### 24. Anchor or other gear dropped in port, etc., to be recovered - Masters shall be responsible for the immediate buoying of any anchor or other gear that may be dropped over board from their vessels in the port and shall take all steps necessary for the removal from the water of any such anchor or gear. ### 25. Vessels to be properly ballasted - Vessels in the port shall be kept so loaded or ballasted that in the event of fire or other emergency, they may be removed form their berths without danger. ### 26. Repair to vessels - Masters intending to carry out repairs are required to bear in mind the following conditions, namely :-- (i) Vessels shall not be immobilised without first obtaining permission from the Deputy Conservator. (ii) Vessels are likely to be moved from the berths when the berths are required for working cargo by other vessels. (iii) The Deputy Conservator may, if considered desirable prohibit chipping or repairs causing excessive noise between 10.00 and 17.00 hours. (iv) Repairs involving the use of naked lights, gas cutting and welding apparatus to, or in the vicinity of fuel oil storage tank or the fuel system, or involving the entry of a person into any fuel storage tank or such vessel wherein petroleum may have been stored, may not be commenced unless a gas free certificate from the appropriate authority has been obtained. ### 27. Goods, etc., not to be allowed to fall into port - No cargo, goods or any other substance shall be allowed to fall from any vessel, quay or pier into the port channel or in the port. ### 28. Notice to be given of cargo, goods, etc., falling into water - Any person or the master or owner of any vessel or the stevedore engaged in loading or unloading any vessel who allows any cargo, goods or substance to fall from any vessel, pier, or quay in to the water shall forthwith give notice of the occurrence and furnish all particulars connected therewith to the Traffic Manager and the Deputy Conservator and shall take immediate steps to remove the said cargo, goods or substance from the water. ### 29. Recovery of goods rubbish into water - If any person, master or owner of a vessel or stevedore required under rule 28 to remove any cargo, goods or other substance from the water, fails to remove within such time as has been specified in a notice from the Deputy Conservator calling upon him to do so the Deputy Conservator may remove such cargo goods or substance and any expenses incurred in such removal shall be recovered from the person master owner or stevedore without prejudice to any other penalty to which the person owner or stevedore may be liable. ### 30. Ashes, Rubbish, etc. not to be deposited on quays, etc. without permission - No person shall, without authority from the Traffic Manager, deposit, upon any quay or pier, in the shed or any part of the port, any ashes ballot, baskets, bottles, cinders dirt , dung, refuse, rubbish, shavings, stores or other similar loose materials or substances. ### 31. Prevention of materials falling in to Port, Disposal of ashes etc. - Masters or owners of vessels or stevedores loading or unloading, ashes, ballast, bricks, cinders, coal, dustlime, rubbish, shingles, stones, titles or any other loose matter, shall use, for such loading or unloading, a canvass cloth or wooden chute, to the satisfaction of the Deputy Conservator. Ashes, cinders, dust and rubbish shall be landed on the quay in such places as may be directed by the Traffic Manager and the Master, owner or the stevedores, as the case may be, may remove them from such place. ### 32. Oily Bilge water, etc. not to be pumped into Port - No ballast water containing oil liable to foul or capable of fouling the water shall be discharged from any vessel into the Port if any oil is found floating around the ship, it shall be the responsibility of the master to prove that it is not from his ship. ### 33. Cleaning of vessels - No person shall be employed in cleaning or painting a vessel or in working in the bilges, boilers or double bottom of a vessel in the port except during such time as may be fixed by the Conservator in this behalf. ### 34. Projections from Deck of a Vessel - Projection from the deck of any vessel which interfere with the loading or unloading of any other vessel in the port shall forthwith be removed on a requisition by the Traffic Manager. ### 35. Fenders - Fenders provided by the Port at the quay, jetty berths shall not be lifted or removed by the master or their stevedores. ### 36. Sound signals - The use of sound signals for attracting attention is prohibited on board the vessels while within the limits of the Port, except for the purposes specified in regulation 15, 28 and 31 of the International Regulations for preventing collisions at sea and in case of emergency when assistance from the shore is urgently required in the interest of the safety of the vessel or when the pilot in charge thinks fit to do so. ### 37. Sinking of boats, etc. - The master or owner of any vessel in the harbour along side of which any cargo masula or other boat is sunk whilst taking in cargo or passenger or discharging cargo or passenger shall forthwith report the fact of such sinking and the place where it occurred to the Deputy Conservator. ### 38. Dangerous animals and fire-arms - Dangerous animals and loaded guns of fire-arms shall not be kept or allowed on board any vessel in the Port. ### 39. Vessels with dangerous cargoes, etc. - The Deputy Conservator may order immediate removal from port of all vessels having on board animals manures or other offensive or dangerous cargoes or persons suffering from infectious diseases. ### 40. Masters, etc., of vessels responsible for damages - Matters and owners of vessels shall be responsible for any loss or damage caused to any of the installations or property of the port due to the negligence of their servants and the Deputy Conservator shall have the right to detain their vessels until the value of the loss or damage is paid or security for such payment is given. ### 41. Vessels etc., in port at the risk of Master etc. - All vessels in the port lie at the risk of their Masters or owners who shall be held responsible for any loss or damage that may arise in consequence of their faulty navigation or by reason of their breaking adrift from their anchors or moorings. ### 42. Masters, etc., responsibility for acts of crew, etc. - Masters and owners of vessels shall be held liable and responsible for the acts of the crew and any person employed by them either outside, or on board their vessels. ### 43. Port authorities accept no liability for delay, etc. - The port authorities shall not be liable for any delay in respect of a vessel entering, remaining in or going out of the port or for delay in the loading or unloading of goods owing to circumstances beyond their control. ### 44. Notice regarding outbreak of fire on vessels to be given by Master, etc. (1) Any person noticing a fire in a ship shall immediately :-- (a) inform an officer of the ship who shall be responsible for raising the alarm required under sub-rule (2) (b) if the ship is alongside a quay, treat the fire as on shore and raise the alarm required under sub-rule (2) and also inform an officer of the ship who shall also raise the alarm required under sub-rule (2) ### 2. The following methods shall be used for raising an alarm :- ### 1. Afloat by day - Hoist International Flag `D.Q' sound continuous blasts on ship's whistle or siren until the arrival of the Fire float. ### 2. Afloat, by night - Sound whistle or siren as above hoist TWO RED LIGHTS above the other 6' (six) feet apart. When ships are alongside the alarm is to be raised by telephone in addition to the above procedure. ### 3. Ashore by day or night - Run to the nearest telephone and ring up Port Exchange and on being connected, state clearly : FIRE IN SHIP AT FIRE ASHORE AT Note - The Port PBX Operator should take care that the connection to Port Fire Office is given WITHOUT ANY DELAY WHATSOEVER, ### 45. Prohibition of under-water salvaging or repairs - No person shall salvage any anchors, cables, stores, or for cargoes lost or supposed to be lost therein or undertake under-water repairs to vessels without the prior permission of the Deputy Conservator or an officer authorised by him. IV-Rules in respect of quays and sheds for the loading and unloading of vessels, and for the delivery and shipment of goods ### 46. Work in Port under the Traffic Manager. - The loading and unloading of vessels in the port shall be subject to the control of the Traffic Manager who may at his discretion, prohibit the discharge of such goods in the port which in his opinion are likely to obstruct Traffic or cause congestion or hinder the convenient use of the port. The Traffic Manager may also, at his discretion, remove to any other place goods the storage of which on the port premises either upon their landing in the port or thereafter, is likely to obstruct traffic or cause congestion. The apportionment of quay space to be occupied by each vessel shall similarly be determined by the Traffic Manager. ### 47. Use of cranes - The allotment of quay cranes for discharging import cargo or for loading export cargo shall be at the discretion of the Traffic Manager. ### 48. Vessels lying idle - The Traffic Manager may, at his discretion, move from her berth, or order out of the port, any vessel which in his opinion has remained idle in the port. ### 49. Vessels working slowly - A vessel discharging import cargo or loading export cargo in the port may be required to give up her berth, if the rate of discharge or loading is below the average for similar vessels and for similar cargoes. ### 50. Vessels to be moored before working cargo - Goods shall not be loaded into or unloaded from a vessel in the port until the vessel has been moored at her allotted berth. ### 51. Production of manifest before breaking bulk or before commencement of loading - (i) The master, owner or agent of a cargo for discharge at the port shall furnish The Traffic Manager, with a true copy of the complete Import General Manifest not less than six clear working days before being permitted to break bulk. The manifest shall show full details of each consignment manifested including literage in the case of liquids in bulk and gross weight in kilos in other cases. Non-Submission of such manifests within the stipulated time may result in the vessel concerned not being permitted to break bulk. Where the consignment consists of packages of different weights, the gross weight in the metric system of each package shall be furnished in addition. In The case of iron and steel consignments hatch lists indicating (a) description, (b) quantity and (c) weight in metric system in each hatch, shall also be submitted before permitted to break bulk. (ii) If cargo meant for any other port or meant for transhipment is allowed to be discharged, a supplementary manifest giving full details of gross weights, in metric system shall be filed before being permitted to discharge such cargo, if details of such consignments are not already included in the original Import General Manifest filed for the vessel. (iii) Every export application submitted for shipment of goods and every customs export shipping bill presented at the office of the Traffic Manager for assessment of dues, shall show full details of the consignments covered by the documents including the description of the cargo, quantity of cargo and the gross weight, of each consignment in metric system, including literage in the case of liquids in bulk, Where the consignment consists of packages of different weights, the gross weight in the metric system of each package shall be furnished in addition. (iv) The agents of a merchant vessel departing from the port, whether loaded or in ballast shall before three days of her departure, furnish the Traffic Manager, with a copy of her Export manifest. ### 52. Documents to be produced by shippers and consignees. - All applications for permission to export or to import goods shall be made in such forms approved by the Traffic Manager and such forms shall in all cases be correctly filled in and signed by the shipper or consignee of the goods or by his agents. Except when required by the person authorised by the Traffic Manager to call for and inspect them, all necessary documents shall be produced by shippers or consignees or their agents at the time of the shipping or landing of goods, When cargo is shipped by a vessel other than that entered on the application for permission to ship it, a fresh application shall be submitted to the Traffic Manager. ### 53. Opening of packages - No package shall be opened inside the harbour by the importer, exporter or owner, for appraisement, examination or survey, without the permission of the Traffic Manager. ### 54. Removal of iron, steel, machinery packages, long and unwieldy heavy lifts from the Port - Consignments of iron, steel machinery packages, long and unwieldy heavy lifts landed in the port may be removed by The Traffic Manager at his discretion to any other place at the cost of the consignees, owners or importers and without any previous notice to them, if he considers it necessary so to do for the safe and convenient working of the port. ### 55. Timber discharging - Timber shall not be discharged from a vessel overside into the water without the approval of the Traffic Manager, and if so discharged shall be removed out of the port on the next hightide after such discharge. ### 56. Discharge and shipment of coal or any other dirty cargo (1) The discharge and shipment of coal or other dirty cargo in bulk or otherwise from and into ships in the port, may be effected only with the written permission of the Traffic Manager who may refuse such permission in cases where he considers any loss or damage to property is likely to arise from coal or similar dust, caused by such discharge or shipment. (2) Permission accorded to discharge or to ship coal or other dirty cargo, in bulk or otherwise, on and from shore, shall, be subject to the importer or shipper or their accredited agents agreeing to reimburse the entire cost of clearing the wharf of the residue. ### 57. Works of art, bullion, etc. - The port will not accept any responsibility in respect of any package containing a work of art or an article of vertu of which the value including that of the package exceeds Rs. 500 or containing specie, bullion, gold or silver articles, jewellery, precious stones or coral, unless six hours at least before the packege is landed or brought into the harbour for shipment, written notice is given to the Traffic Manager by the owner or consignee and the package is specially delivered to the Traffic Manager and a receipt therefor obtained. Should any package containing any of the articles referred to above be brought to any wharf or pier without the said written notice being given to the Traffic Manager, the package, if for export shall be shipped, or if imported, shall be removed to the Custom House or to the sheds port at the sole risk of the owner and shall remain at his risk until cleared. ### 58. Loading and Unloading of Cargoes Likely to foul port Wharves (1) Molasses and other goods of a nature likely to foul the port wharves or transit shed or to cause damage to other goods may be discharged from a vessel in the port only with the Traffic Manager and subject to the owner or consignee of the goods undertaking to pay to the port authorities the expenses, if any, incurred by them for clearing the wharf or transit shed. (2) The decanting on the port wharves from drums or other receptacles, of vegetable, fish or other oils preparatory to their shipments in bulk shall not be permitted. Where shipment in bulk of oils, are to be effected the oils shall be transported to the port in tank wagons, or tank lorries and pumped directly therefrom into the vessel' tanks or where the oil has been transported in tank barges directly from barges into the vessel's tanks. ### 59. Removal of Rotten Goods from the Wharves - If any vessel discharges in the port any goods or substance in such a rotten, putrid, damaged or other condition as to be in the opinion of the Health Officer of the port, injurious or dangerous to health or if any goods or substance discharged from any vessel and lying in the port decay into such a rotten putrid or other condition as to be injurious or dangerous to health in the opinion of the said Health Officer, the Traffic Manager may require the owner thereof, or if the owner disclaims denies or disputes the consignment or declines all responsibility, or if there be no owner, the master, owner or agent of the vessel from which the goods or substance had been discharged, to forthwith cause the said goods substance to be removed out of the port, and if such owner or master, owner or agent, as the case may be shall, on being so required, refuse or neglect, remove such goods or substance within eighteen hours of the receipt of notice removal may be effected in such manner as the Traffic Manager may think fit and he may, if he thinks necessary, cause the said goods or substance to be destroyed. The owner or the master, owner or agent, as the case may be shall within forty-eight hours after demand in writing, pay to the port authorities all the costs of expenses attending or occasioned by such removal and destruction and of such cleaning, purifying or disinfecting the place discharge or storage. ### 60. Handling of Cargoes likely to Contaminate Food Stuff - Items of cargo, such as chemical manures, insecticides, poisonous substances which are likely to contaminate food stuffs, shall not be discharged at any berth for storage, pending delivery, unless the discharge of such cargo has been specifically permitted in writing by the Traffic Manager. In all cases, where such permission has not been given, the vessel shall either discharge such cargo direct on to the quay, provided adequate arrangements have been made by the steamer agents with the consignees to the satisfaction of the Traffic Manager, for the clearance of such cargo direct from the landing point, rail or road transport, or land such cargo overside into barges hired by the steamer agents, to be taken up to the points fixed by the Traffic Manager for storage. ### 61. Transfer of Vessels from their Berths - The Traffic Manager may either himself, or through the Deputy Conservator, direct any vessel, to move from one berth in the port to any other berth, provided that such other berth is vacant. A notice of 12 hours shall be given before a vessel is required to be shifted under this rule. The port shall not be responsible for any delay which may be caused to a vessel in effecting a transfer under this rule. ### 62. Issue of Licences to Stevedores (1) The Deputy Conservator shall, from year to year, issue licences to certain approved firms and individuals granting them permission to perform the work of stevedoring vessels in the port and no stevedoring shall be allowed to work on board any vessel in the port unless he is in possession of such licence. (2) The Deputy Conservator may at any time cancel any license issued under this rule or may suspend the same for such period as may be specified for breach of any of the terms of the license or for breach of any of the provisions of Rule 63 or 64. The license may likewise be cancelled or suspended if, after the grant thereof, it is discovered that the application for the licence contained any misrepresentation or misstatements of material facts or if the licensee has been adjudged insolvent or has gone into liquidation, as the case may be, or if the licensee or his workmen cause any damage to port property to any vessel or equipment thereof or if the licensee or his workmen cause any obstruction to any work in the port. Provided that no such license shall be cancelled or suspended until the holder of the license has been given a reasonable opportunity for showing cause why his licence should not be cancelled or suspended as the case may be. Provided further that no such opportunity for showing cause shall be necessary when the licence is suspended pending an inquiry against the holder of the licence for contravention of any of the terms thereof or for contravention of any of there rules or for doing anything for which the licence is liable under this rule to be cancelled or suspended. ### 63. Conditions for Issue of Licence to Stevedores (1) Every stevedore shall be responsible for the due observance and performance by all staff and labour employed by him, during the loading or unloading of a vessel or work incidental thereto, of all the relevant laws, rules and regulations for the time being in force. (2) Every stevedore shall ensure that all loading and unloading operations shall conform in all respects to the requirements prescribed by or under the Indian Dock Labour Act. 1934 are carried out with his own gear and he shall be solely responsible for any accident or damage resulting from the use of any defective gear. (3) Every stevedore shall employ at least one experienced foreman and a tindal to Superintend the loading or unloading of cargo or bunkering of coal, or fuel at each hatchway at which loading, unloading or bunkering is being carried on. The tindal shall supervise the slinging or unslinging of goods in the hold and wherever a vessel is loading cargo in the between-decks alone he shall see that the between deck batches that are provided with cross beams and fore and aft beams have all such beams fixed in their proper places, and that the hatch covers are properly put on and effectively secured to prevent their displacement before commencing work; the foreman shall remain on deck and see that the crane chain is not taken out of the square of the hatchway, and that the hook does not catch coamings or foul any of the ships gear or damage any structure or erection or ashore. The foreman shall give correct signals to the crane driver and shall superintend the taking off and putting on the beams and hatch covers and shall see that persons keep out of danger on deck and do not stand under any hoist. The foreman shall, where work is stopped for the day or night, search and satisfy himself that no one is remaining in the hold. The stevedore shall be solely responsible to the owners of the ship and to the port authorities in the event of any injury or damage being caused to any person or property in the course of the loading, unloading, or bunkering operations. ### 64. Discharge of a Vessel's Cargo to be under superintendence of master, etc. or stevedore-their liabilities - Cargo shall not be discharged from any vessel in the port except under the directions and superintendence on board such vessel of the master or owner of the vessel or of a stevedore licenced by the Conservator to perform such work in the port. Such master, owner, or stevedore shall be personally liable in respect of any loss or damage arising from the careless or improper slinging of goods on board such vessel and shall in every instance observe the following precautions, namely :- (i) That the sling is laid out flat without turns or kinks before any goods are loaded therein; (ii) That after each sling has been made up and with the first stain on heaving up, the running loop is well beaten home with a wooden bar in order that the grip may be made secure. ### 65. Masters, etc. and stevedores working cargoes to Provide proper lights on board - Masters and owners of vessels in the port and the stevedores working the cargoes of such vessels shall be jointly and severally responsible for the proper provision of lights in all those parts of vessels, where work is being carried on either with the use of the port's cranes, quays, piers or other property or otherwise. In default, they shall jointly and severally be liable in respect of any loss or damage to life, limb or property resulting therefrom. ### 66. Making up of Slings-Cranes not to be used under vessel's coamings - Slings of import goods shall be made up directly under the open hatch-way of any vessel unloading in the port and under no circumstances the Port's cranes shall be employed for the purpose of breaking out or removing goods from under the coamings. ### 67. Use of vessel winches - Masters and owners of vessels employing their own cranes or winches for the loading or unloading of goods shall be responsible for any loss or damage to goods arising from any cause whatsoever. NOTE - (1) Cranes may be fixed in positions as directed by the Stevedores. (2) Ship's Officers shall see that the port cranes work quite clear of Ship's gear. ### 68. Heavy lifts - The Traffic Manager may prohibit the landing from any vessel of any single article or package of over 10 tonnes in weight, except by the cranes of the ports provided for the purpose, if he is of opinion that it is necessary or advisable to do so. ### 69. Discharge of heavy lifts - Single articles and packages of over 10 tonnes in weight shall not be discharged unless so permitted by the Traffic Manager under the terms and conditions laid down by him in this behalf. The port authorities shall not be liable or responsible in respect of any loss or damage occurring to such articles or packages. ### 70. Marking and packing of heavy packages - Single articles and packages of one metric ton and over weight (Herein after referred to in this rule as heavy package) shall not be loaded on board any vessel in the port or along side the quay walls unless the gross weight of each such article or package has been plainly and durably marked upon it and packed by the consignors or their agents in the manner set out below. (1) Manner of marking of heavy packages - (a) The gross weight on a heavy package shall be marked thereon in English and the regional language if possible with a kind of paint which is not easily effectable. (b) Where a heavy package is of a light colour, black paint and where the package is of a dark colour white or yellow paint shall be used for such markings. (2) Gross weight to be marked in metric tons/kilogrammes - Subject to the provisions of clause 6, the gross weight of a heavy package shall be marked thereon in metric tons/kilogrammes. (3) Place of marking - The gross weight shall be marked on two sides of the heavy package so that in whatever position the package is placed, the marking is easily visible. (4) Size of letters or figures - Every letter or figures used to mark the gross weight of a heavy package shall be at least seven and half Cms. (three inches) in length and half Cms,(one quarter of an inch) in breadth. (5) Manner of packing - (a) The goods in heavy package shall be securely packed in a strong covering in such manner that there is no movement of the goods inside the package resulting in any disintegration of the goods or the covering. (b) The covering shall be of such material and nature as can stand the strain of the packages being handled during the course of loading or unloading so that the risk of any injury to persons who handle the package is minimised. (6) Marking of Approximate Weight in certain circumstances - Where at the place the heavy package is consigned there are no means available for determining the correct weight of the package, the anticipated minimum and maximum weight of the package, in metric tons/kilogrammes shall be marked thereon in the manner herein before specified. Provided that such anticipated maximum weight shall be so assessed that it does not fall below the actual weight of the package. Consignors and their agents, agents of vessels and stevedores shall be held responsible for any breach of the provisions of this rule. ### 71. Hazardous substances-General Restrictions - The handling, transport and storage within the port limits of all substances, classified as hazardous ( as defined in the recommendations of the United Nations Committee of Exports on Transport of Dangerous goods, which met at Geneva in August 1954) or merit classification as such by virtue of their characteristic properties shall be subject to such restrictions and conditions, as the Deputy Port Conservator may, from time to time, impose. ### 72. Use of the Gear and other Articles provided by the Port - All cargo handling gear and other articles provided by the port shall, when no longer required, be returned to the stores depot of the port and shall not be left lying in the quays or roads. Masters and owner of vessels and stevedores shall be charged hiring fees on all such articles from the date of requisition till its return to the stores depot. All articles not provided by the port shall be removed from the quays or roads within two hours after the job for which they are brought is finished in default, removal shall be effected by the Traffic Manager and the master or owner of the vessel or stevedore or any other Person to whom such gear belongs shall be liable for all the expenses incurred in such removal. ### 73. Arms - The master, owner or agent of every vessel entering the port and having on board as import cargo for discharge, packages containing arms and ammunitions. shall as soon as possible after arrival in the port furnish to the Traffic Manager a complete list of all such packages. After discharge, such packages shall be handed over by the master into the direct charge of the shed foremen, who shall grant a receipt therefor in the specified form and shall immediately lock up the packages in the transit shed. The external condition of all packages containing arms and ammunition shall be carefully examined before a receipt is given therefor and any matter which calls for special mention shall be entered in the remark column thereof. Packages containing arms and ammunition shall under no circumstances be discharged from a vessel at night. The port authorities shall not in any way be responsible or liable for any packages containing arms and ammunitions discharged from a vessel otherwise than in strict conformity with this rule. The Port may exempt any vessel or line of vessels, from the provision of this rule for such period as the Conservator may think fit. ### 74. Ammunition and Explosives - The master of any vessel arriving in the port with ammunition or explosives, other than fireworks, etc., forming part of the ship's equipment of distress signals, or over 54 kgs. (100 lbs) in weight of gunpowder, on board as cargo, shall display a red flag B of the International Code at the fore during day-time, and between sunset and sunrise shall exhibit a red light at the fore or so long as the ammunition, explosives or gunpowder are on board within the limit of the port. ### 75. Landing of Explosives or other Dangerous Cargo - (i) No package containing gunpowder or other explosive or any dangerous cargo shall be landed within the limits of the port without the previous permission of the Collector of Customs and the Deputy Conservator, and in the landing or shipment there of, all rules or directions made or given by the port authorities from time to time to ensure safety shall be rigidly adhered to and observed. (ii) Every vessel while loading, discharging or handling explosive or cased dangerous petroleum shall bank all fires and store them up only when explosives or cased dangerous petroleum are not being loaded, discharged or handled and only when hatches containing explosives or cased dangerous petroleum are completely closed. All ventilators to the stock-hold shall be carefully attended and properly trimmed and wind-sails shall be rigged to the stock-hold to prevent any pocket of gas accumulating in vessels which have any cased dangerous petroleum on board. V. Discharged and Shipment of fuel oil and non-dangerous Petroleum. ### 76. Discharge of Fuel Oil in Bulk - Vessels carrying petroleum in bulk shall observe the provisions of the Petroleum Rules, 1937, and all other rules or directions made or given by the Traffic Manager, from time to time to ensure safety. ### 77. Bunkering Petroleum Fuel Oil - Bunkering of vessels with petroleum fuel oil in the port barges and tank vehicles shall be permitted subject to the following conditions, namely ;- (a) During all such time as any vessel is receiving fuel oil into her bunkers, the master or first mate of such vessel is present on board and he shall see that the provision of 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 of the oil company supplying the bunkers shall be stationed alongside the flexible connecting pipe while bunkering is in progress. (c) no smoking, cooking, naked lights or forges shall be allowed on the vessels decks while bunkering is in progress. (d) a suitable gutter or other contrivance shall be placed under the connecting service pipe to prevent any oil from dripping on the wharf or into the port basin. (e) masters and owners of vessels receiving fuel oil and supplier of fuel oil for bunkering shall jointly and severally be held liable for any damage caused to any property belonging to the port or cargo in incharge of the Traffic Manager by any defect in, or failure of the apparatuses or appliances of the vessels or the suppliers. (f) no cargo other than steel plates, iron rails, and similar goods unaffected by oil, shall be allowed on the wharf within fifty feet of the oil, stand pipes, and shed doors immediately behind them shall be kept closed while bunkering is in progress. (g) Before bunkering commences, the attendant shall see that the telephone connection to the oil company's depot is in working order. VI. Rules with respect to fire and lights ### 78. Smoking, etc - Smoking and the use of any unprotected fire or light in any shed or warehouse within the port is strictly prohibited and no person shall smoke or ignite lucifer matches or other inflammable article on any pier or quay on board any vessel within the port, except in such places as may be allotted for the purpose. ### 79. Fires and lights (a) No vessels shall be fumigated except at a place appointed by the Deputy Conservator for the purpose. (b) Pitch or dammer shall not be heated no board vessels within the port; but in bost alongside or astern, nor shall spirts be drawn off on board such vessels by candle or other unprotected artificial lights. (c) Vessels while loading cotton, shall not have any unprotected lights in the hold. (d) When gunpowder, ammunition or other explosives exceeding 45 Kgs. (100lb.) in weight are being shipped on or discharge from, any vessel within the limits of the port, no fires, lights or smoking shall be permitted on board, except as provided in the Explosives Rules, 1940. ### 80. Accessibility of vessels to port and police officials - Vessels in port shall allow free access to the port and police officials for inspection purposes in regard to fires and lights whenever demanded and no person shall disobey the orders of any police officer or watchman for extinguishing any fire or light used in contravention of these rules. VII. Miscellaneous ### 81. Quays, etc., and port area to be under the authority of the Traffic Manager (1) The quays, sheds, gates and other areas within the limits of the port shall be under the charge of the Traffic Manager, who shall direct and manage all operations connected with the landing and shipping of goods and their storage either in the sheds or in the open, he shall have proper custody of all goods lying in the port and take such steps as may be necessary for the proper maintenance of order within the port. (2) No person shall enter any port area without a permit or token issued to him by or under the authority of the Traffic Manager, such permit or token shall on demand by a police officer or any port officer, duly empowered in that behalf be produced for inspection. No person shall allow any other person to use any permit or token issued to him as aforesaid. Any permit or token issued to any person and allowed by him to be used by another shall be liable to be confiscated and cancelled. ### 82. Regulations of working hours of the various sections of the port - The hours during which work may be carried on in each of the several sections into which, for traffic working purposes the port premises are divided shall be notified by the Traffic Manager, from time to time, by means of notices posted in the sections concerned, and no work shall be done, within the port premises outside the working hours so notified, except with the permission in writing of the Traffic Manager. ### 83. Night and holiday work - Applications for work at night or on Sundays or holiday shall be made to the Traffic Manager, who on production of the necessary permission from the Customs Department shall make necessary arrangements for the proper conduct thereof. Work on such days and at night shall be subject to the payment of special charges specified for the purpose. Explanation - Holidays for the purpose of this rule shall be these notified by the Deputy Conservator from time to time. ### 84. Entry into the Port - The entrance gates and wicket gates of the Port shall be kept open during the hours specified therefor by the port authorities and ingress and egress by these gates at any other time shall be only to persons holding special passes issued for this purpose by the Traffic Manager. ### 85. Sites set apart for Dock Labourers and boatmen to obtain food - Certain sites shall from time to time, be set apart as occasion may require, by other of the Traffic Manager at his discretion to enable boatmen or Dock Labourers to obtain their food and all persons bringing such food shall be restricted to these sites and the pathways leading thereto, and therefrom, which shall be indicated by notice-boards. ### 86. Licensed Carpenters to be allowed in the sheds for opening and repairing cases - The Traffic Manager shall grant licence to persons qualified to work as carpenters in the port for opening and repairing cases at the instance of the owners thereof and no person other than those license as such shall be allowed to carry into the port any tools or other instruments used for such purposes. ### 87. Issue of licences to hawkers - No person shall hawk or sell goods within the port or on board any vessel within the port without a licence from the Traffic Manager, For this purpose, the Traffic Manager may issue licences to persons which shall be renewable yearly; provided that such persons shall obtain the prior approval in writing of the Collector of Customs and that such licence shall not entitle the holder to go on board any vessel in the port without the permission of the master, owner or agent of such vessel. ### 88. Removal of trucks and hand-barrows out of port - Trucks and hand-barrows loaded with goods and not taken out of the port immediately shall be liable to removal by the Traffic Manager at the risk and expense of the owner of the goods. Trucks and hand-barrows; belonging to merchants and others and left lying at the port shall be liable to removal and confiscation by the traffic Manager. ### 89. Destruction of or damage to any of the Port Property - Any person who cuts, defaces, or damages and mooring, rope chain, life-buoy,life line or life saving appliance or any buoy, buoy-rope or cable belonging to any anchor within the port channel or entrance or in the port shall, without prejudice to any penalty to which he may be liable under any other law, be liable to pay the amount of the damage, repair and recovery. ### 90. Obstruction, etc., to Officers - No person shall molest, assault,resist,hinder, obstruct, impede or interrupt or offer or attempt to molest, assault, hinder, obstruct, impede or interrupt or offer or attempt to molest, assault,hinder, obstruct, impede, or interrupt any employee of the port in the performance of his functions, or disobey his lawful orders or use abusive or offensive language or aid or incite others to do any of these things. ### 91. Playing of Vehicles - Motor lorries or other vehicles for the conveyance of goods shall not be driven along or upon any of the roads, wharves or quays within the port or be admitted into or allowed in the port without a licence issued in this behalf by the Traffic Manager and except in accordance with the following conditions, namely. (i) Such vehicles shall conform, in all respects, to the provisions of the Motor Vehicles Act, 1939, and the rules made thereunder. (ii) Such vehicle shall not be left unattended. (iii) Such vehicles shall ordinarily play on the recognised roads in the port, but may however be permitted on the wharves, in transit sheds and upon open storage spaces for the purpose of loading or unloading subject to control by the port and police officers. (iv) Such motor lorries or vehicles, when entering or leaving the port, shall stop at the port gates until permission to pass has been obtained from the port authorities and/or Customs Officers on duty at the gate and the Driver there of shall on demand produce for inspection the licence permitting the lorry or vehicle to enter the port. (v) No such vehicles shall be allowed to remain within the port longer than shall, in the opinion of the Traffic Manager, be necessary for the purpose of loading or unloading goods, Loitering and plying for hire is prohibited. (vi) No such vehicles shall fill their tanks with petrol or other fuel within the port without a special permit from the Traffic Manager. (vii) The licence granted to any vehicle under this rule may be revoked by the Traffic Manager at any time without assigning any reason and no refund shall be made of any proportionate fees in respect of the unexpired portion of the period of the licence, if any. ### 92. Offer or Fees or Gratuity - No. fee, gratuity or reward shall be offered to any officer or servant of the port, who is forbidden on pain of disciplinary action to receive any such fee, gratuity or reward. ### 93. Signals - All necessary signals may be made by vessels by using the International Code of Signals and they shall be acknowledged by the answering pendant being hoisted at the signal station mast-head. Communications by the Morse and Semaphore Codes may be made to the Port Signal Station using flag `Z' during the day and flashing `Z' at short intervals at night to call up station. ### 94. Bad Weather Arrangements - During the prevalence of adverse or threatening weather, the Master of every vessel in the port is required to attend to the following direction, namely:- (a) he should not be absent from his vessel between sunset and sunrise. (b) he should keep his vessel ready in all respects to proceed to sea at short notice. If this is not possible for him, he must communicate the fact at once to the Deputy Conservator. (c) on the hoisting of the danger signal, he should take all measures for the safety of his vessel, as no further instructions will be furnished by the port authorities. ### 95. All vessels arriving in the port shall, during their stay and while departing from the port must comply with the provisions of the Indian Port Health Rules, 1955. ### 96. Penalty for Contravention of Rules - If any person contravenes any of the provisions of these rules or any order made thereunder, he shall be punishable for every such offence with fine which may extend to one hundred rupees.
65b9b1a1ab84c7eca86e9a2f	acts	State of Rajasthan - Act -------------------------- The Rajasthan Land Revenue (Allotment of Tube-Well Land) Rules, 1968 ---------------------------------------------------------------------- RAJASTHAN India The Rajasthan Land Revenue (Allotment of Tube-Well Land) Rules, 1968 ====================================================================== Rule THE-RAJASTHAN-LAND-REVENUE-ALLOTMENT-OF-TUBE-WELL-LAND-RULES-1968 of 1968 -------------------------------------------------------------------------------- * Published on 27 May 1968 * Commenced on 27 May 1968 The Rajasthan Land Revenue (Allotment of Tube-Well Land) Rules, 1968 Published vide Notification No. F. 6(9) Revenue/B/Gr. 1/97, Dated 27-5-1968; published in Rajasthan Gazette Extraordinary Part 4(Ga), Dated 27-5-68, p. 291 In exercise of the powers conferred by clause (XVIII) of sub-section (2) of section 261 read with clause (b) of sub-section (1) of section 260 of the Rajasthan Land Revenue Act, 1956 (Act No. 15 of 1956 ), the State Government hereby makes the following rules, namely:- ### 1. Short title extent and commencement. (1) These rules may be called the Rajasthan [Land Revenue] [Inserted by S O. 12, Dated 2-6-1970; published in Rajasthan Gazette Part IV(Ga) (I), Dated 16-7-70, p. 35.] (Allotment of Tube-well Land), Rules, 1968. (2) They shall extent to the districts of Jaisalmer and Banner [and Bikaner] [Added by S O. 12, Dated 2-6-1970; published in Rajasthan Gazette Part IV(Ga) (I), Dated 16-7-70, p. 35.] (3) They shall come into force at once. ### 2. Interpretation. - In these rules, unless there is anything repugnant in the subject or context:- (i) "Collector" means the Collector of the District, in which the tube-well land situate. (ii) "tube-well land" means any Government land which is declared by the Collector under rule 3 of these rules to be Tube-well land. (iii) Words and expressions used, but not defined in these rules, shall have the same meaning as assigned to them in the Rajasthan Tenancy Act, 1955 (Act No. 3 of 1955 ) or in the Rajasthan Land Revenue Act, 1956 (Act No. 3 of 1956). ### 3. Declaration of Tube well Land. - The Collector may, from time to time, declare by notification in the Official Gazette, any land, specifying its location, Khasra Number, area and other particulars, to be a tube well land and upon such a declaration, it shall be reserved and be available for allotment by auction under these rules. ### 4. Allotment. - All allotments under these rules shall be of tenancy rights and the allotment shall be made by public auction. ### 5. Issue of Notice of Allotment of auction. (1) Whenever, it is proposed to allot any tube-well and the tube-well land, the Collector shall issue a notice of the auction. (2) The notice shall specify the date and time of auction and shall contain the necessary particulars of the tube well and tube well land to be auctioned and also the terms and conditions of auction. Full details of the tube well and the tube well land can also be obtained by any person from the office of the Collector. (3) Copies of the notice shall be affixed on the notice boards of the offices of Collector, Tehsildar and Gram Panchayat concerned and also affixed at or near the tube-well land at a convenient place or at some other conspicuous public place in the locality. The notice shall further be published in such news papers as the Collector may decide. ### 6. Officer Conducting the auction. - Public auction for allotment of the tube-well and the tube-well land under these rules shall be held by the Collector or by a Gazetted Officer appointed by him, for the purpose. ### 7. Reserve-price. - The Government shall fix the reserve price of the tube-well and the tube-well land. Such reserve price shall be fixed keeping in view the approximate cost of the land under the command of such tube-well, the cost of construction of the tube-well, its appurtenances and buildings but not the amount of interest on investment made by the Government. ### 8. Conditions of auction. - The following shall be the conditions of auction under these rules:- (1) Tube-well land and the tube-well shall be put up for auction in one lot or in several lots and the Collector shall be competent to withdraw any lot or lots from auction without assigning any reason. (2) The auction price shall be the reserve price fixed by the Government under rule 7 of the price offered at the auction, whichever is higher. (3) No person shall bid allowed to bid unless he:- (a) deposits an earnest money amounting to 5% of the total reserve price of each tube-well and the tube well land in cash This earnest money shall be refunded on the spot; to the un-successful bidders at the conclusion of the auction, (b) signs an undertaking that the tube-well land and the tube-well shall be used for the purposes of agriculture only. (4) No person shall at any auction, retract from his bid and if any dispute arises, the tube-well land and the tube-well shall be put up to auction again at the last undisputed bid. (5) The highest acceptable officer shall be communicated to the Collector and the sale shall not be complete unless the offer is accepted by the Collector and the same is not rejected by the State Government under sub-rule (6). (6) The State Government reserves the right to reject any offer within a period of one month from the date of acceptance of such offer by the Collector or to withdraw any tube-well land or tube well from auction at any time before the acceptance of the offer without assigning any reason. (7) A sum equivalent to 25% of the auction price shall be deposited in cash by the bidder immediately at the conclusion of the bid, the other 25% of the purchase price shall be paid at the time of delivery' of possession of the tube-well land and the tube-well and the balance shall be paid or deposited in cash or be paid by demand draft on a Scheduled Bank having its branch in Rajasthan within one year from the date of the communication to him of the allotment by the Collector. If the payment is not made in this manner, interest @ 9% per annum will be chargeable on such amount as remains unpaid and in addition, the State Government shall have the power to forfeit the amount received upto that time and to resume the tube-well and the tube-well land without payment of any compensation. (8) Should any highest acceptable bidder fail to deposit 25% of the purchase price immediately at the conclusion of the bid, the amount of earnest money deposited by him under sub-rule (3)(a) shall be forfeited to the State Government and the tube-well land will be re-auctioned and any deficiency of price which result on such re-auction shall be recoverable from the defaulting bidder. ### 9. Obligation to cultivate. (1) The allottees shall be under an obligation to bring two-third of the land under cultivation within 2 year of the allotment and the remaining one-third of the land may be utilised by him for any other purpose connected with agriculture. (2) If it is discovered at any time that the allottee has failed to cultivate the tube-well and as provided for in sub-rule (1) or that he has used the tube-well or tube-well land for any non- agricultural purposes, the tube-well land and the tube-well allotted shall be resumed by the Collector without payment of any compensation. ### 10. Conferment of Khatedari Rights. - The bidder whose offer has been accepted and who has been allotted tube-well and tube-well land under these rules will hold the same as Gair Khatedar tenant subject to the ultimate conferment of khatedari rights on the expiry of 2 years provided that the full price stands paid by him and he has complied with all the conditions and obligations imposed on him by these rules. ### 11. Payment of Rent. - The allottee shall be liable to the payment of such rent as may be fixed, in respect of the tube-well land allotted to him, under any law on the subject for the time being in force. ### 12. Repeal. - The Rajasthan Land Revenue (Allotment of Tube-well Land) Rules. 1966 are hereby repealed.
65b9eddfab84c7eca86ea42e	acts	State of West Bengal - Act ---------------------------- West Bengal Cold Storage (Licensing and Regulation) Act, 1966 --------------------------------------------------------------- WEST BENGAL India West Bengal Cold Storage (Licensing and Regulation) Act, 1966 =============================================================== Act 6 of 1966 --------------- * Published on 19 March 1966 * Commenced on 19 March 1966 West Bengal Cold Storage (Licensing and Regulation) Act, 1966 West Bengal Act No. 6 of 1966 ### 045. [19th March, 1966.] An Act to provide for licensing, supervision and control of cold storages. Whereas it is expedient to provide in the public interest for the licensing, supervision and control of cold storages in West Bengal and to deal with matters incidental thereto; And whereas previous sanction of the President under the proviso to clause (b) of article 304 of the Constitution of India has been obtained; It is hereby enacted in the Sixteenth Year of the Republic of India, by the Legislature of West Bengal, as follows : Chapter I Preliminary -------------------------- ### 1. Short title, extent and commencement . (1) This Act may be called the West Bengal Cold Storage (Licensing and Regulation) Act, 1966. (2) It extends to the whole of West Bengal. (3) It shall come into [force] [Came into force on 1st May, 1969, vide Agri. & C.O. Deptt. notification No. 2414-SS&W, dated the 31st March, 1969.] on such date or dates and in such area or areas as the State Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different areas, ### 2. Definitions . In this Act, unless the context otherwise requires, (1) "agricultural produce" includes produce of agriculture, animal husbandry or horticulture, fish, shell fish and all articles of food or drink wholly or partly made from any of them; (2) "cold storage" means an enclosed chamber insulated in the prescribed manner and mechanically cooled by refrigeration machinery to provide refrigerated condition to things stored therein but does not include refrigerated cabinets and chilling plants having capacity of less than 28.3168 cubic metres; (3) "cold storage receipt" means a receipt issued by a licensee under section 6 and includes a duplicate receipt issued under section 8; (4) [ "hirer" means a person who hires on payment of the prescribed charges space in a cold storage for storing agricultural produce;] [Substituted by the West Bengal Cold Storage (Licensing and Regulation) (Amendment) Act, 1978, section 2(a).] (5) "licensee" means any person to whom or any firm or Co-operative Society to which a licence is granted under section 3; (6) [ "Licensing Officer" means the Director of Agriculture including the Additional Director of Agriculture (Marketing), West Bengal and also District Magistrates within their respective districts empowered by the Director of Agriculture in this behalf;] [Substituted by the West Bengal Cold Storage (Licensing and Regulation) (Amendment) Act, 1978, section 2(b).] (7) "prescribed" means prescribed by rules made under this Act; (8) "term" means a period of 12 months or less ending on the 31st December of any year. Chapter II Licensing of cold storages ------------------------------------------ ### 2A. [ Construction of cold storage. No person shall, for the purpose of carrying on business of storing agricultural produce, construct a cold storage without the previous permission in writing of the Licensing Officer in this behalf.] [Inserted by the West Bengal Cold Storage (Licensing and Regulation) (Amendment) Act, 1978, section 3.] ### 3. [ Licensing of cold storage. No person shall start or carry on business of storing, nor any such person, not being a hirer, store agricultural produce in a cold storage, except under and in accordance with the terms of a licence granted under this Act : Provided that a licensee may store agricultural produce on his own account with permission of the Licensing Officer in the manner prescribed.] [Substituted by ibid, Section 4.] ### 4. Issue of licence and its cancellation . (1) Every application for the grant of a licence under section 3 shall be made in duplicate to the Licensing Officer in such form and in such manner and shall be accompanied by such fee not exceeding five hundred rupees as may be prescribed. (2) The licence shall be granted by the Licensing Officer in such form and shall be subject to such conditions as may be prescribed. (3) Every licence granted under this Act shall be valid for a period of five years and may, on application by the licensee in the manner prescribed and on payment of the prescribed fee not exceeding two hundred rupees, be renewed from time to time for a period of two years on each occasion, by the Licensing Officer provided such application for renewal is made at least [forty-five days] [Substituted for "thirty days" by ibid, section 5.] before the expiry of the period of the licence. (4) The Licensing Officer may, after giving the applicant an opportunity of showing cause in such manner as may be prescribed, refuse to grant or renew a licence to any applicant. (5) When a licence is lost, destroyed, torn or defaced, the Licensing Officer shall, on application made in this behalf and on payment of the prescribed fee, issue a duplicate licence in the prescribed manner. (6) The Licensing Officer may, after giving the licensee an opportunity of showing cause in such manner as may be prescribed, cancel any licence granted under this Act for any breach of the terms and conditions of the licence or for any contravention of the provisions of this Act. (7) Where an application for the grant or renewal of a licence is refused or where a licence is cancelled the reasons for such refusal or cancellation shall be recorded in writing and a copy of the same shall be furnished to the applicant. (8) Where an application for the grant or renewal of a licence is refused, the fee, paid by the applicant along with the application, shall be refunded to him. ### 4A. Taking over of cold storage in certain cases. (1) Notwithstanding anything contained elsewhere in this Act, if, on the report of the Licensing Officer, the State Government is satisfied that a cold storage is not being managed in accordance with the provisions of this Act, the State Government may, by notification in the Official Gazette, take over the management of such cold storage for a period of three years and appoint a person to manage the cold storage so taken over on such terms and conditions as may be specified in the notification Provided that the State Government may, if it thinks fit, extend the period by a further period of three years but not exceeding one year at a time : Provided further that in the case of a cold storage managed by a co-operative society registered under any law for the time being in force, the licensing officer shall, before making any report, consult the Registrar appointed under West Bengal Co-operative Societies Act, 1973 (West Bengal Act No. 38 of 1973). [(2) On the expiry of the period of taking over (including the period of -extension, if any), the management of the cold storage shall be made over to the licensee.] [Inserted by the West Bengal cold Storate (Licensing and Regulation) (Amendment) Act, 1978, section 6.] ### 5. Expiry or cancellation of licence and its consequences . (1) When a licence expires or when the renewal of such licence is refused or when a licence is cancelled, the licensee shall forth-with return the licence to the Licensing Officer but shall nevertheless continue to be liable for the agricultural produce already stored with him and shall be bound by the terms and conditions of any cold storage receipts already issued in respect of any agricultural produce : Provided that the Licensing Officer may, on the application of the hirer, require the licensee to transfer any agricultural produce stored with him to another licensed cold storage chosen by the hirer on payment of the outstanding charges due to the licensee. (2) Where any licence is cancelled, the licensee shall not be entitled to any compensation therefor, nor shall he be entitled to the refund of any fee paid by rim for the licence. Chapter III Cold storage receipts -------------------------------------- ### 6. Code storage receipts . For the agricultural produce stored in a cold storage by each hirer, the licensee shall issue a cold storage receipt in the prescribed form containing particulars relating to the agricultural produce [and the receipt shall bear a stamp of the value as required under the provisions of the Indian Stamp Act, 1899 and such stamp duty shall be paid by the licensee] [Inserted by the West Bengal Cold Storage (Licensing and Regulation) (Amendment) Act, 1978, section 7.] . ### 7. Cold storage receipts to be transferable by endorsement and delivery . A cold storage receipt shall, unless it is otherwise specified thereon, be transferable by endorsement and delivery and shall entitle any lawful holder thereof to receive the agricultural produce specified in it as if he were the original hirer. ### 7A. [ Advance of money by licensee. A licensee may advance money to a hirer storing agricultural produce up to five quintals on pledge of cold storage receipt. The sum advanced shall bear such interest as may be prescribed] [Inserted by ibid, section 8.] ### 8. Duplicate cold storage receipt . If a cold storage receipt is lost, destroyed, torn or defaced, the licensee shall, on application by the hirer and on payment by him of the prescribed fee, issue a duplicate cold storage receipt in accordance with such rules as may be prescribed. Chapter IV Duties of the Licensee -------------------------------------- ### 9. Reasonable care of the agricultural produce stored [(1) ] [Original section renumbered as sub-section (1) thereof by ibid, section 9.] Every licensee shall take such care of the agricultural produce stored in his cold storage as a man of ordinary prudence would take care of his own goods under similar circumstances and shall provide the hirers concerned with all reasonable facilities for inspection, weighing, measuring, sampling and grading of the agricultural produce stored, in such mariner as may be prescribed. (2) [ Subject to the provisions of sub-section (2) of section 10, no licensee shall, without any reasonable excuse, refuse space to a hirer, being a co-operative society or a grower of agricultural produce, offering to store agricultural produce up to ten quintals : Provided that any dispute arising in this respect may forthwith be referred to the District Agricultural Marketing Officer or the Sub-Divisional Agricultural Officer having jurisdiction over the area where the cold storage is located or such other officer as the Licensing Officer may nominate in this behalf. Such Officer shall as far as possible give his award in respect of the dispute within seven days and the said award shall be final and binding on the parties to the dispute. In giving the award such officer shall be competent to order payment of compensation for any loss or damage suffered by either of the parties to the dispute and payment of compensation shall be effected within seven days from the date of the award. Any failure to comply with the award shall be a contravention of the provisions of this Act.] [Inserted by ibid. section 9.] ### 10. Due maintenance of cold storage [(1) (a) Every licensee shall maintain his cold storage including generator of adequate capacity in accordance with such terms and conditions of the licence and in conformity with such sanitary, electrical and other requirements as may be prescribed. (b) No licensee shall effect any improvement, renovation or addition to a cold storage without the previous permission of the Licensing Officer in such manner as may be prescribed. Explanation. The expression improvement' means any major work involving a basic change in the refrigeration system, but does not include minor functional adjustment.] [Substituted by ibid, section 10.] (2) No licensee shall accept for storing any agricultural produce which is likely to cause damage to other agricultural produce that has been or may be stored in the same cold storage. (3) If there is any dispute as to whether any agricultural produce proposed to be stored in a cold storage is likely to cause damage to any other agricultural produce that has been or may be stored in the same cold storage, the matter shall be referred to the Licensing Officer whose decision thereon shall be final. ### 11. Preservation of identity of the agriculture produce . Every licensee shall keep the agricultural produce of one hirer separate from the agricultural produce of other hirers and from other agricultural produce of the same hirer for which a separate receipt has been issued, in such a manner as to permit at all times of the identification and delivery of the agricultural produce stored in his cold storage. ### 12. Disposal of agricultural produce deteriorating in the cold storage . (1) Whenever agricultural produce stored in a cold storage deteriorates or shows signs that it is about to deteriorate from causes beyond the control of the licensee, the licensee shall forthwith give notice of the fact to the Licensing Officer and to the hirer requiring the hirer to take delivery of the agricultural produce immediately, after surrendering the cold storage receipt duly discharged and paying all charges due to the licensee. (2) If the hirer does not, within a reasonable time, comply with the notice given to him under sub-section (1), the licensee may cause the agricultural produce to be removed from the cold storage and sold in the prescribed manner by public auction at the cost and risk of the hirer. (3) The proceeds of a sale held under sub-section (2) shall be made over by the licensee to the hirer after deducting therefrom all amounts due to the licensee on account of charges for the storing of the agricultural produce and the costs of the sale. ### 13. Liability of licensee for storage or excess in agricultural produce stored . (1) For the purpose of sub-section (1) of section 12, loss of weight or bulk by dryage or shrinkage or gain in weight or bulk by absorption of moisture shall not be deemed to amount to deterioration or showing signs of deterioration, if the loss or gain does not exceed such limits as may be prescribed. (2) If there is any excess in the weight or bulk of agricultural produce stored in a cold storage by absorption of moisture or other causes, the licensee shall not be entitled to such excess. (3) If there is any shortage in the agricultural produce stored in a cold storage by dryage or shrinkage or other causes beyond the control of the licensee, the licensee shall not be responsible therefor. (4) In the event of a dispute arising as to whether such shortage or excess is due to dryage or shrinkage or absorption of moisture or is due to other causes beyond the control of the licensee, the matter shall be referred to the Licensing Officer whose decision thereon shall be final ### 14. Delivery of agricultural produce . (1) Every licensee shall, in the absence of reasonable excuse, without unnecessary delay, deliver the agricultural produce stored in his cold storage to the hirer on demand made by him and on surrender of the cold storage receipt duly discharged and payment of all charges due to the licensee. (2) Subject to any agreement between the licensee and the hirer, the hirer may take delivery of part of the agricultural produce stored in a cold storage. ### 15. [ Insurance of agricultural produce in cold storage. Cold storage building, cold storage machinery and the agricultural produce stored in a cold storage shall be insured against such items of risks and with such Insurance Company or Companies as may be determined by the Licensing Officer from time to time : Provided that pro-rata premium in respect of the agricultural produce only shall be paid by the hirer in such manner as may be prescribed.] [Substituted by the West Bengal Cold Storage (Licensing and Regulation) (Amendment) Act, 1978, section 11.] ### 16. Discrimination prohibited . Save as provided in sub-section (2) of section 10, no licensee, in the conduct of his business, shall refuse to accept for storing in his cold storage, agricultural produce tendered by any person when there is accommodation in his cold storage for storing such agricultural produce. ### 17. Accounts, etc. to be maintained . A licensee shall maintain such accounts, books and records and in such form and manner as may be prescribed. ### 18. [ Submission of returns. (1) Every licensee shall submit to the Licensing Officer such fortnightly returns and other returns as the Licensing Officer may require in such form and in such manner as may be prescribed, in respect of each class of agricultural produce stored by him or his hirers. (2) Any contravention of the provisions of sub-section (1) shall be punishable under section 21.] [Substituted by ibid, section 12.] ### 19. Licensee to comply with directions . Every licensee shall be bound to comply with such direction or order as may be issued to him by the Licensing Officer under this Act and any failure to comply with such direction or order within the period of thirty days shall be deemed to be contravention by the licensee of the provisions of this Act. ### 19A. Transfer of cold storage. (1) A licensee shall, before transferring his cold storage, give previous notice to the Licensing Officer in such form and within such time as may be prescribed. [(2) On receipt of the notice under sub-section (1) the Licensing Officer shall inspect the cold storage and may issue such direction to the licensee as may be necessary in respect of the agricultural produce stored in such cold storage. (3) Notwithstanding such transfer the licensee shalt continue to be liable for the agricultural produce already stored with him and shall be bound by the terms and conditions of any cold storage receipt already issued in respect of any agricultural produce.] [Inserted by ibid, section 13.] Chapter V Miscellaneous ---------------------------- ### 20. Powers of the Licensing Officer . The Licensing Officer may with a view to securing compliance with this Act (a) require any licensee to give any information which may be required by the Licensing Officer with respect to the cold storage run by the licensee, (b) enter upon and inspect the premises, books and other relevant documents of any licensee at any time with a view to satisfying himself that the requirements of this Act are being complied with, (c) collect, on payment, samples of agricultural produce stored in any cold storage and get them analysed at any Laboratory selected for the purpose, and (d) prohibit by an order in writing further storage or disposal of any agricultural produce in respect of which he has reason to believe that any contravention of this Act has taken place. ### 20A. Licensing Officer to decide disputes between the licensee and the hirer. In case of any dispute between the licensee and the hirer in respect of weighing, measurement, sampling, grading and payment of compensation, such dispute shall be referred to the Licensing Officer whose decision in the matter shall be final. The Licensing Officer shall also decide any dispute arising out of the provisions of section 12 regarding damage to or deterioration of agricultural produce stored in a cold storage. ### [20B. Constitution of expert committee. (1) The State Government may, with a view to securing expert opinion for efficient management of cold storage, constitute, by notification in the Official Gazette, one or more expert committees with such number of official and non-official members and on such terms and conditions as may be prescribed. (2) The members of the expert committee shall be appointed by the State Government. (3) The State Government shall appoint one of the members as the Chairman and another as Convenor. (4) The expert committee shall submit its report along.with recommendation to the State Government within such period as may be fixed by the State Government : Provided that the State Government may vary, alter or add to the terms and conditions referred to in sub-section (1) as may be necessary and may also extend the period referred to in sub-section (4). ### 20C. Power of State Government to issue direction. On receipt of the report and the recommendation of the expert committee under section 20B, the State Government shall examine the same and may issue such direction or order as it thinks fit and proper : Provided that the State Government may, if it considers it necessary so to do in the public interest, modify, alter or rescind the direction or order. ### 20D. Licensee to comply with the direction or order of the State Government. Every licensee shall be bound to comply with the direction or order issued by the State Government under section 20C, within such period as may be specified therein and failure to comply with such direction or order shall be a contravention of the provisions of this Act. ### 20E. Dissolution of expert committee. If at any time the State Government considers it necessary so to do, it may, by notification in the Official Gazette, dissolve any expert committee constituted under section 20B.] [Section 20A to 20E inserted by West Bengal Cold Storage (Licensing and Regulation) (Amendment) Act 1978, section 14.] ### 21. Penalty . (1) Any person, who starts or carries on a cold storage business or stores agricultural produce in a cold storage without having a valid licence under this Act or contravenes any provision of this Act or the rules made thereunder or cancels, destroys, mutilates or defaces any book or other document with a view to evading the provisions of this Act, shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees or with both and for continuance of such contravention the person concerned shall be liable to an additional fine of fifty rupees per day so long as the contravention continues or so long as the orders and directions validly given are not complied with. (2) Where an offence punishable under this section is committed by any employee or agent of a trader on behalf of such trader, unless he proves that the offence was committed by his employee or agent without his knowledge and without his consent, and his employee or agent by whom the offence was committed, shall both be deemed to be guilty of the offence. (3) If the person committing an offence punishable under sub-section (1) is a company, the company and every director, manager, secretary or agent of the company, unless such director, manager, secretary or agent proves that the offence was committed without his knowledge or consent, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished. ### 22. Cognizence of offence and arrest without warrant . (1) An offence punishable under this Act shall be cognizable. (2) Any police officer not below the rank of a Sub-Inspector of Police may arrest without warrant any person against whom a reasonable complaint has been made or credible information has been received of his having been concerned in any offence punishable under this Act. ### 23. [ Contract or agreement form. xxx ] [Omitted by the West Bengal Cold Storage (Licensing and Regulation) (Amendment) Act, 1978, section 15.] ### 24. [ Compensation payable for loss or deterioration of agricultural produce stored in a cold storage. (1) In the event of any loss of or deterioration in any agricultural produce stored in a cold storage caused on account of any negligence of the licensee or any defect in the refrigeration machinery, the hirer may, within thirty days from the date of detection of such loss of deterioration by him, apply in writing to the Licensing Officer for assessing the compensation payable by the licensee on account of such loss or deterioration.] [Substituted by ibid, section 16.] Explanation. In this sub-section burden of proof that the loss or deterioration was caused beyond the control of the licensee shall lie on the licensee. (2) The Licensing Officer on receipt of an application under sub-section (1) shall cause an enquiry to be made in accordance with such procedure as may be prescribed and shall also assess the amount of compensation payable by the licensee to the hirer. (3) The Licensing Officer may also on his own motion cause the enquiry to be made in the matter of any loss or deterioration in any agricultural produce stored in a cold storage and pass such orders as to the amount of compensation payable by the licensee to the hirer as he thinks proper and just. (4) In case of any dispute between the licensee and the hirer as to the amount of compensation to be paid. the Licensing Officer shall settle the dispute as expeditiously as possible and shall also make an order determining the amount of compensation payable by the licensee who shall make payment of the compensation to the hirer within two months from the date of the order, whether any claim against insurance of any, is settled or not. (5) In determining the amount of compensation payable by the licensee, the Licensing Officer shall take into account the market price of the agricultural produce at the time of detection of loss or deterioration : Provided that in case of agricultural produce stored for seed purposes, such amount of compensation shall be twenty per cent. higher than that of other agricultural purposes. (6) If the compensation or any portion of it remains unpaid after the date specified in the order passed under sub-section (4), the same shall be recoverable as an arrear of land revenue. (7) The licensee shall also be required to furnish fortnightly reports regarding settlement of compensation cases. ### 25. Tribunal. (1) The State Government shall, by notification in the Official Gazette, constitute a Tribunal consisting of three members of whom one shall be an officer of the Central Government and the others of the State Government. [(2) The Tribunal shall meet at such times and places and shall observe such procedure in regard to the transaction of business at its meetings as may be prescribed. (3) Any person aggrieved by an order of the Licensing Officer (a) refusing permission under section 2A, or (b) refusing to grant or renew a licence or cancelling a licence under section 4, or (c) refusing permission under clause (b) of sub-section (1) of section 10, or (d) assessing compensation under section 24, may, within thirty days from the date of such order, prefer an appeal to the Tribunal, and the decision of the Tribunal thereon shall be final. (4) Appeals, if any, pending before the State Government or the Director of Agriculture, West Bengal, on the date of coming into force of the West Bengal Cold Storage (Licensing and Regulation) (Amendment) Act, 1978, shall be disposed of by the State Government or the Director of Agriculture, West Bengal, as the case may be.] [Substituted by ibid, section 17.] ### 26. Bar to suits and legal proceedings . No suit or legal proceeding shall lie against the State Government and no suit. prosecution or legal proceeding shall lie against any person for anything in good faith done or intended to be done under this Act or the rules made thereunder. ### 26A. [ Savings as to orders. No order made in exercise of any power conferred by or under this Act shall be called in question in any court.] [Inserted by the West Bengal cold Storage (Licensing and Regulation) (Amendment) Act, 1978, section 18.] ### 27. Licensing Officers to be public servant . The Licensing Officer appointed under this Act shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (XLV of 1860). ### 28. [ Power to exempt. The State Government may, by notification in the Official Gazette, and for reasons to be recorded in writing, exempt any licensee from the operation of all or any of the provisions of this Act : Provided that the State Government may, subject to such conditions and restrictions as it may impose, delegate the power under this section to the Licensing Officer.] [Substituted by ibid section 19.] ### 29. 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) any matter which, under any provision of this Act, either expressly or by implication, is required to be prescribed or to be provided for by rules; (b) the granting of licences by the Licensing Officer to persons entitling them to act as weighers, measurers, samplers and graders of any agricultural produce stored or to be stored in a cold storage including the manner of making applications, fees to be paid, and qualifications necessary, for the purpose, the period of validity, the method of obtaining renewal together with the fees to be paid for such renewal, or the grounds of cancellation, of such licences, and the facilities to be granted and the authorities to be exercised by the holders of such licences; (c) priorities to be allowed to co-operative societies for storing their agricultural produce in a cold storage.
65ba6b40ab84c7eca86eb3a8	acts	Union of India - Act ---------------------- The National Highways Authority of India (Budget, Accounts, Audit, Investment of Funds and Powers to Enter Premises) Rules, 1990 ---------------------------------------------------------------------------------------------------------------------------------- UNION OF INDIA India The National Highways Authority of India (Budget, Accounts, Audit, Investment of Funds and Powers to Enter Premises) Rules, 1990 ================================================================================================================================== Rule THE-NATIONAL-HIGHWAYS-AUTHORITY-OF-INDIA-BUDGET-ACCOUNTS-AUDIT-INVESTMENT-OF-FUNDS-AND-POWERS-TO-ENTER-PREMISES-RULES-1990 of 1990 ----------------------------------------------------------------------------------------------------------------------------------------- * Published on 7 August 1990 * Commenced on 7 August 1990 The National Highways Authority of India (Budget, Accounts, Audit, Investment of Funds and Powers to Enter Premises) Rules, 1990 Published vide Notification G.S.R. 704(E) , dated 7.8.1990, published in the Gazette of India, Extraordinary Part 2, Section 3(i), dated 10.8.1990. ### 212. In exercise of the powers conferred by sub-section (1) read with clauses (e), (f), (g) and (h) of sub-section (2) of section 34 of the National Highways Authority of India Act,1988 (68 of 1988), the Central Government hereby makes the following rules,namely: Chapter I Preliminary -------------------------- ### 1. Short title and commencement (1) These rules may be called The National Highways Authority of India (Budget, Accounts, Audit, Investment of Funds and Powers to Enter Premises)Rules ,1990. (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 National Highways Authority of India Act, 1988 (68 of 1988); (b) Annual Report means the Annual Report referred to in section 22 of the Act; (c) Annual Statement of Accounts means the Annual sketch of accounts referred to in section 23 of the Act; (d) Audit Officer means the Comptroller and Auditor General of India and includes any person appointed by him in connection with the audit of accounts of the Authority; (e) Authority means the National Highways Authority of India constituted under section 3 of the Act; (f) financial year means the financial year of the Central Government starting from first day of April each year and ending on thirty-first day of March of the following year; (g) Form means a form annexed to these rules; (h) Fund means the National Highways Authority of India Fund constituted under section 18 of the Act; Chapter II Budget, Accounts Andaudit ----------------------------------------- ### 3. Preparation and submission of budget (1) The budget estimates of the Authority for every financial year shall be prepared by the Chairman of such employee of the Authority as may be authorised by him in this behalf, in Forms A1 to A5. (2) A copy of the budget estimates so prepared shall be sent to each member at least fourteen days before the meeting of the Authority at which such estimates are to be considered. (3) The Authority shall consider and sanction the budget estimates with such changes as it thinks fit at the meeting fixed for the purpose or at any other meeting to which the consideration of the budget estimates is adjourned. (4) The budget estimates prepared by the Authority shall be forwarded to the Central Government by the fifteenth day of October of the financial year preceding the financial year to which the consideration of The budget estimates relate: Provided that The Central Government may at the request of the Authority fix such later date, but not beyond the 31st day of December, as the Government think fit. ### 4. Supplementary budget .The Authority shall, where necessary, also forward to the Central Government the Supplementary budget in respect of the financial year to which it relates, inForms A1 to A5 before such date as may be specified by the Central Government. ### 5. Accounts of Authority .The accounts of the Authority including (a) all sums of money received and expended by the Authority; (b) all sales and purchases of goods or services of the Authority; (c) the assets and liabilities of the Authority;shall be maintained in such forms as may be specified by the Government from time to time in consultation with the Comptroller and Auditor General of India. ### 6. Preparation and submission of annual report and annual accounts (1) The Chairman or such employee of the Authority as may be authorised by him in this behalf, shall prepare, as soon as may be, after the commencement of the each financial year (a) the annual report;and (b) the annual statement of accounts which shall include the profit and loss account and balance sheet and such other subsidiary accounts as the Central Government may, in consultation with the Comptroller and Auditor General of India , direct. (2) The annual report include an account of the activities of the Authority during the previous financial year on the following matters, namely: (i) a statement of corporate and operational goals and objectives of the Authority; (ii) annual targets and physical and financial terms set for various activities in the background of clause (1) above together with a brief review of the actual performance with reference to those targets; (iii) an administrative report on the activities of Authority during the previous financial year and an account of the activities which are likely to be taken up during the next financial year; (iv) a summary of the actual financial results during the previous financial year and year of report, as indicated by way of statement of (a) income and expenditure, (b) sources and applications of funds and (c) cash flow; (v) important changes in policy and specific measures either taken or proposed to be taken, which have influenced or are likely to influence the profitability or functioning of the Authority; (vi) new projects or expansion schemes contemplated together with their advantages, financial implications and programme for execution; (vii) important changes in the organisational set up of the Authority; (viii) report on employer-employee relations and welfare activities of the Authority; and (ix) report on such other miscellaneous subjects as deemed fit by the Authority or the Central Government for reporting to the later. (3) The annual report shall be placed for adoption in the meeting of the Authority and shall be signed by the Chairman or in his absence by two members authorised for the purpose by the chairman and authenticated by fixing the common seal of the Authority and required copies thereof shall be submitted to the Central Government by the thirty-first day of December of the following year. (4) The annual accounts of the Authority, after approval of the Authority, shall be signed on behalf of the Authority by its Chairman or in his absence by two members authorised for purpose by the Authority and authenticated by affixing the common seal of the Authority and shall be forwarded for audit to the Comptroller and Auditor General not later than the 30th September of each year or by such date as extended by The Central Government. (5) The Audit Officer shall audit and report on the annual accounts of the Authority and certify whether in his opinion the balance sheet and profit and loss account contain all particulars and are properly drawn up to as to exhibit a true and fair state of affairs of the Authority and in case he has called for any information from the Authority or any of its officers,whether it has been given and whether it is satisfactory. (6) The Authority shall be bound to give information and explanation in its annual report containing inter alia duly audited accounts or in an addendum thereto on every reservation,qualification or adverse remarks contained in the Auditor reports duly signed by its Chairman or in his absence by two members so authorised by the Authority and authenticated by affixing common seal of the Authority. (7) The annual accounts and the auditors report thereon along with the annual report shall be submitted to The Central Government by thirty-first day of December of the following year to which the accounts relate or by such date as extended by the Central Government. ### 7. Cost of audit .The Authority shall arrange to pay to the Comptroller and Auditor General of India the expenditure incurred by him in connection with the annual audit of its accounts, within three months from the date on which any demand is made by him. Chapter III Investment Of Funds And Reserve Fund ----------------------------------------------------- ### 8. Manner of Investment Fund .All money standing at the credit of the Fund which cannot immediately be applied for the purposes specified in sub-section (2) of section 18 of the Act shall be deposited in the State Bank of India or any Scheduled Bank specified in the First Schedule to the Banking Companies (Acquisition and Transfer of undertakings) Act, 1970 (5 of 1970) or the Banking Companies (Acquisition and Transfer of Undertaking) Act, 1980 ( 40 of 1980 ). ### 9. Reserve Fund (1) In respect of every loan raised by the Authority not being a loan repayable before the expiration of one year from the date of the loan, the Authority shall set apart a sum half yearly, out of its income in a reserve fund, sufficient to liquidate the loan within a period which shall not in any case exceed thirty years: Provided that a reserve fund need not in the absence of any stipulation to that effect,be established in the case of loans taken by the Authority from the Central Government or any State Government. (2) The sums set apart by the Authority under sub-rule (1)shall invested in securities of the Central Govern mentor in such other securities as the Central Government may approve in this behalf, and shall be held in trust for the purposes of the Act by the Authority. (3) The Authority may apply the whole or any part of the sums accumulated in any reserve fund in or towards the discharge of the loan liabilities for the repayment of which the fund has been established: Provided that Authority pays into the fund each year, and accumulated until the whole of the money borrowed is discharged, a sum equivalent to the interest which would have been produced by the reserve fund or the part of the reserve fund so applied. (4) A reserve fund established for the liquidation of any loan shall be subject to annual examination by such person as may be appointed by the Central Government in this behalf and the person so appointed shall ascertain whether the cash and the current market value of the securities at the credit of the Fund are actually equal to the amount which would have accumulated had investments been regularly made and rate of interest as originally estimated obtained thereon. (5) The Authority shall pay forthwith into the reserve fund any amount which the person appointed under sub-rule (4) of conduct the annual examination of the Fund may certify to be deficient unless the Central Government specifically sanctions a gradual readjustment. (6) If the cash and current market value of the securities at the credit of a reserve fund are in excess of the amount which should be at its credit the person appointed under sub-rule (4) shall certify the amount of this excess and the Authority may, with the previous sanction of the Central Government, reduce or discontinue the half-yearly contributions to the reserve fund. Chapter IV Power To Enter Land Or Premises ----------------------------------------------- ### 10. Mode of service of notice (1) Before entering upon any land or premises under section 30 of the Act, the authorised person shall serve on the owner of the land or premises intended to be entered upon notice in Form B. (2) The notice may be served by delivering or tendering a copy of such notice to the person for whom it is intended or his servant or by sending it by registered post acknowledgement due addressed to that person at his usual or last known place of residence or business. (3) Where the serving officer delivers or tenders the copy of the notice under sub-rule (2), he shall require the signature of the person to whom the copy is delivered or tendered to an acknowledgement of service endorsed on the original. (4) Where the person or the adult member(s) of the family of the person concerned or servant of such person refuses to sign the acknowledgement or where the serving officer, after using all the due and reasonable diligence, cannot find such person and there is no adult member of the family or servant of such person, the serving officer shall affix a copy of notice on the outer door or some other conspicuous part of the ordinary residence or usual place of business of such person and then shall return the original to the competent authority who served the notice, with a report endorsed thereon or annexed thereto stating that he has had to affix a copy,the circumstances under which he did so and the name and address of the person if any, by whom the usual or last known place of residence or business, as the case may be, was identified and in whose presence the copy was affixed. Form No. A.I National Highway Authority Of India Budget Estimates for the year Combined abstract of Budget Estimate for the year............ (In thousand of rupees) Receipts \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| Head of Account \| Actual \| Budget Estimate \| Budget Estimate \| Budget Estimate \| \| \| 20... \| 20... \| 20... \| 20... \| 20... \| 20... \| 20... \| 20... \| \| 1 \| 2 \| 3 \| 4 \| 5 \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| PAYMENTS \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| Head of Account \| Actual \| Budget Estimate \| Revised Estimate \| Budget Estimate \| \| \| 20... \| 20... \| 20... \| 20... \| 20... \| 20... \| 20... \| 20... \| \| 6 \| 7 \| 8 \| 9 \| 10 \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| Form A2(i) National Highway Authority Of India Budget Estimates for the year............. Part I – Abstract of each individual account ---------------------------------------------- (In thousand of rupees) Receipts \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| Head of Account \| Actual \| Budget Estimate \| Revised Estimate \| Budget Estimate \| \| \| 20... \| 20... \| 20... \| 20... \| 20... \| 20... \| 20... \| 20... \| \| 1 \| 2 \| 3 \| 4 \| 5 \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| PAYMENTS \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| Head of Account \| Actual \| Budget Estimate \| Revised Estimate \| Budget Estimate \| \| \| 20... \| 20... \| 20... \| 20... \| 20... \| 20... \| 20... \| 20... \| \| 6 \| 7 \| 8 \| 9 \| 10 \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| Form A2(22) National Highway Authority Of India Budget Estimates for the year............. Part II – Detailed Budget Estimates of each individuals --------------------------------------------------------- (In thousand of rupees) Receipts \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| Head of Account \| Actual \| Budget Estimates \| Revised Estimates \| Variation between Cols. 3 & 4 \| Budget Estimates \| Variation Between Cols. 4 & 6 \| Explanation \| \| \| 20... \| 20... \| 20... \| 20... \| 20... \| 20... \| 20... \| 20... \| 20... \| 20... \| 20... \| 20... \| \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| 7 \| 8 \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| PAYMENTS \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| Head of Account \| Actual \| Budget Estimates \| Revised Estimates \| Variation between Cols. 3 & 4 \| Budget Estimates \| Variation Between Cols. 4 & 6 \| Explanation \| \| \| 20... \| 20... \| 20... \| 20... \| 20... \| 20... \| 20... \| 20... \| 20... \| 20... \| 20... \| 20... \| \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| 7 \| 8 \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| Form A3 National Highway Authority Of India Budget Estimates for the year.................... containing new items of expenditure other than Work and Schemes ----------------------------------------------------------------- (In thousand of rupees) \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| \| Sl. No. \| Head of Account \| Particulars of the item \| Amount proposed \| Ground for expenditure or reference to sanction No.and date \| Remarks \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| Note.-(1) For additional establishment, the categories of posts, scales of pay and the date from which the posts are required should be specified (2) If any permanent post is proposed to be reduced or kept in abeyance or any temporary post is proposed to be discontinued, the details thereof should be furnished in a separate statement. Form A4 National Highway Authority Of India Budget Estimates for the year.................... of works and schemes in progress ---------------------------------- (In thousand of rupees) \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| Name of work/scheme \| Estimated cost \| Year of start \| Targetted year of completion \| Expenditure upto the end of last financial year \| Budget Estimates for the current year \| Expenditure incurred during the current year \| Anticipated expenditure during the remaining part of the current year \| Revised estimates for the current year total of Cols. 7 and 8 \| Budget estimates for the next year \| Remarks \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| 7 \| 8 \| 9 \| 10 \| 11 \| Form A5 National Highway Authority Of India Budget Estimates for the year.................... of Approved New Works and Schemes ----------------------------------- (In thousand of rupees) \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| \| Name of works/scheme \| Estimated cost Total Distribution over \| Targetted year of completion \| Reference No. of administrative approval/technical sanction \| Proposed budget estimated for \| Remarks \| \| \| 20.... \| 20... \| \| \| 20... \| 20... \| \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| \| \| \| \| \| \| \| \| \| Note.-While including new works/schemes in the budget estimates, the following points shall be examined:- (1) whether the plans and the estimates have been prepared and approved. (2) Whether site or land is available and possession has been taken, and (3) Whether all the prescribed formalities will be over by the end of the current financial year. National Highways Authority Of India Form B To, Dear Sir/Madam, In pursuance of section 30 of the National Highways Authority of India Act, 1988, I, on behalf of the N.H.A.I. hereby authorize Shri............of National Highways Authority of India to enter upon the undermentioned premises/land located at.........................for the purpose of.....................on the day of..................at....................hours. ............................ For and on behalf of National Highways Authority of India.
65ba5cdbab84c7eca86eb105	acts	State of Tamilnadu- Act ------------------------- The Tamil Nadu Christian Marriages (Second Validation) Act, 1941 ------------------------------------------------------------------ TAMILNADU India The Tamil Nadu Christian Marriages (Second Validation) Act, 1941 ================================================================== Act 24 of 1941 ---------------- * Published on 1 January 1941 * Commenced on 1 January 1941 The Tamil Nadu Christian Marriages (Second Validation) Act, 1941 Tamil Nadu Act 24 of 1941 An Act to validate certain marriages solemnized by Mr. Mayalur Lazarus of the Telugu Church Council of the South India United Church. Whereas a licence was granted by the [State Government] [This expression was substituted for the expression 'Government of Madras' by the Tamil Nadu Adaptation of Laws Order, 1970.] on the 26th day of July 1932, to Mr. Mayalur Lazarus of the Telugu Church Council of the South India United Church, to grant certificates of marriage between Indian Christians under section 9 of the Indian Christian Marriage Act, 1872; And Whereas the said licence was revoked by the said Government with effect on and from the 6th day of January 1939; And Whereas after the date of the said revocation the said Mr. Mayalur Lazarus continued to solemnize marriages and to grant certificates of marriage up to and including the 12th day of April 1941 as if the said licence had not been revoked; And Whereas it is doubtful whether the marriages so solemnized and the certificates so granted and the other acts done by the said Mr. Mayalur Lazarus on and from the 6th day of January, 1939 up to and including the 12th day of April 1941 are valid in law; And Whereas there is no reason to doubt that the parties to the said marriages believed in good faith that the said Mr. Mayalur Lazarus was legally entitled to solemnize marriages and to grant certificates of marriage between the said dates; And Whereas it is expedient that all such marriages and all certificates of marriage granted and all other acts relating to such marriages or certificates done by the said Mr. Mayalur Lazarus should be validated; And Whereas the Governor of [Tamil Nadu] [These words were 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.] has, by a Proclamation under section 93 of the Government of India Act, 1935, assumed to himself all powers vested by or under the said Act in the Provincial Legislature; Now, Therefore, in exercise of the powers so assumed to himself, the Governor is pleased to enact as follows:- ### 1. Short title. - This Act may be called the [Tamil Nadu] [These words were 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.] Christian Marriages (Second Validation) Act, 1941. ### 2. Validation of certain irregular marriages, certificates and acts. - All marriages solemnized, all certificates granted and all acts done by the said Mr. Mayalur Lazarus on and from the 6th day of January 1939 up to and including the 12th day of April 1941, which would be valid if the licence granted to him on the 26th day of July 1932 had not been revoked, shall be deemed to be as valid as if he had held the licence under section 9 of the Indian Christian Marriage Act, 1872, on and from the 6th day of January 1939 and up to and including the 12th day of April 1941; and no such marriage, certificate or act shall be deemed to be invalid by reason only of the fact that the said licence was revoked. ### 3. Validation of records of the said irregular marriages. - Certificates of marriages validated by section 2 and register-books and certified copies of true and duly authenticated extracts therefrom deposited in compliance with the provisions of the Indian Christian Marriage Act, 1872, shall, in so far as the register-books and extracts relate to such marriages, be received as evidence of such marriages as if such marriages had been duly solemnized under the said Act.
65b9fd9bab84c7eca86ea684	acts	State of Andhra Pradesh - Act ------------------------------- Andhra Pradesh Municipalities (Check-Measurement of Works) Rules, 1972 ------------------------------------------------------------------------ ANDHRA PRADESH India Andhra Pradesh Municipalities (Check-Measurement of Works) Rules, 1972 ======================================================================== Rule ANDHRA-PRADESH-MUNICIPALITIES-CHECK-MEASUREMENT-OF-WORKS-RULES-1972 of 1972 ---------------------------------------------------------------------------------- * Published on 4 December 1969 * Commenced on 4 December 1969 Andhra Pradesh Municipalities (Check-Measurement of Works) Rules, 1972 In exercise of the powers conferred by Sub-section (1) of Section 326 of the Andhra Pradesh Municipalities Act, 1965 (Act 6 of 1965) the Governor of Andhra Pradesh hereby makes the following rules relating to check measurement of municipal works, the same having been previously published at pages 443-445 of Rules Supplement to Part II of the Andhra Pradesh Gazette, dated the 4th December, 1969 as required by Clause (a) and (b) of Sub-section (1) of Section 372 of the said Act. ### 1. These rules may be called "The Andhra Pradesh Municipalities (Check-measurement of Works) Rules, 1972." ### 2. These rules shall apply to all Municipal works other than the works executed by she Government under sub-rule (3) of Rule 11 of the Andhra Pradesh Municipalities (Municipal Works) Rules, 1967 issued in G.O.Ms.No.114, M.A., dated the 28th February, 1967. ### 3. (1) (a) The check-measurement of every municipal work shall be done by the Municipal Engineer, Grade-I, where there is a First Grade Municipal Engineer. (b) The check-measurement of every municipal work whose cost does not exceed Rs.25,000 may be done by Municipal Engineer, IInd Grade where there is a second Grade Municipal Engineer. In the case of any work the cost of which exceeds Rs.25,000 the Executive Engineer (Public Health) who is having jurisdiction over that area shall check-measure, each such work, as may items as may be possible of the final bill. (c) The check-measurement of every work the cost of which does not exceed Rs. 8,000 in the case of original work and Rs. 12,000 in case of maintenance work, the Municipal Engineer, Grade-III shall check-measure where there is such an Engineer and also a Municipal Supervisor who shall record the measurements. In case where there is Municipal Engineer, Grade III but no Municipal Supervisor, the Municipal Engineer, should record the measurements and in this case, no check-measurement in necessary. (d) Where there is a post of Municipal Supervisor possessing the qualification of Municipal Engineer, Grade III but no Municipal Engineer, the Municipal Supervisor will exercise the powers of Municipal Engineer, Grade- III. (e) In the case of municipal works, the costs of which exceeds the technical sanctioning powers of Municipal Engineer, Grade-III or Municipal Supervisor, the works shall be checked-measured by the Assistant Engineer (Public Health) or Executive Engineer (Public Health) who has jurisdiction over the area. (2) (a) All the ordinary road maintenance works and the work of metalling roads and any other metalling work, the cost of which does not exceed Rs.2,500 shall be check-measured by the Commissioner. (b) In the case of works other than those mentioned in clause (a) and in the case of any work of a special nature in respect of which the Commissioner considers that technical assistance is necessary the check-measurement shall be done by an Executive Engineer or under his orders, by an Assistant Engineer concerned of the Public Health Department. ### 4. Check-measurement shall be conducted with discretion in order to detect errors in measurement and to prevent fraudulent entries in measurement books selecting such items which appear to be obviously incorrect or easily susceptible of fraud or seriously affect the total amount of the bill if inaccurate. The check measuring officer shall check as many items as are necessary to enable him to give the check-measurement certificate and take responsibility on himself for all the measurements in respect of which he gives such certificate. ### 5. The check-measuring officer shall indicate the fact of having check-measured the work in the measurement book at the time of such check-measurement by initialing on the left hand side of the columns particulars' in line with the item check-measured. ### 6. In addition to check-measurement by the Municipal Engineer of Commissioner, the Engineer of the Public Health Department may test-check, check-measure and inspect the works and exercise similar powers so laid down in Rules 6, 13 and 14 of the Municipal Works Rules: Provided that the Chairperson, Municipal Council or the Municipal Commissioner, as the case may be request the technical authority empowered to check-measure and take up test check of works at any time. ### 7. A check measuring office shall not; make an entry "measured in my presence" but shall record the measurements, sign himself along with the measuring-officer. ### 8. Where the measurement of any portion of a work is likely to become impossible when the work would advance beyond a certain stage, the check-measurement shall be done sufficiently early. ### 9. (1) Measurement of all Jungle to be cleared, whether the jungle is solid or patches, shall be recorded by the overseers or supervisors or by the Municipal Engineer where there is no engineering subordinate, in a measurement book before clearance. (2) The Municipal Engineer or other check-measuring officer shall then check-measure the work before clearance. (3) The check-measuring officer shall inspect the clearance of the jungle before payment is made for the same. ### 10. The check-measuring officer shall obtain from the overseer or supervisor or engineer, as the case may be, the measurement book in which measurements of the work concerned have been recorded and shall note in the measurement book under his initials the date or dates on which the check measurement is actually performed together with the difference, if any, noticed by him in the measurements. ### 11. (1) Check-measurement of materials collected on the road side or a street or a group of streets or a ward shall ordinarily be done after the collection on the road or street or group of streets, or ward as the case may be is completed so as to avoid allowing any opportunity to commit fraud. (2) When the collection of materials already done is found incomplete and further materials are required for the road or street or group of streets or wards, such further collection shall be suspended and the material already collected shall be check-measured and ordered to be spread. After the spreading of the materials is complete and check-measured and after the balance of materials at site, if any, is recorded and check- measured further collection of materials shall be proceeded with. ### 12. Check measurement of works shall ordinarily be made as early as possible after their completion. In no case, shall the check measurement be delayed for more than a period of two weeks from the date of completion of the work. In case of scheme works spread over number of years, check measurement of part-done work shall be made atleast on in a month. ### 13. At the end of each month, every overseer, supervisor or engineer shall submit to the check measuring officer and to the officer empowered to make a test check, a list of works that have to be check measured or test check and shall also intimate the check measuring officer all cases of completed works within a week of such completion with final measurements. ### 14. (1) Besides the list and intimation referred to in the above rules the overseer, supervisor or engineer shall, within a week after recording the measurements bring to the notice of the check measuring officer cases where in prompt check measurement of part done work is necessary such as foundations and other works of deface able nature. (2) On receipt of such intimation the check measuring officer shall arrange to check measure the work as expeditiously as possible. ### 15. A fee of one percent of the value of the work check measured subject to a minimum of fee of Rs.10 (Rupees ten only) for each the State Fund for check measurement done by the Executive Engineer or the Assistant Engineer of the Public Health Engineering Department.
65ba8facab84c7eca86ec153	acts	Union of India - Act ---------------------- Authority for Advance Rulings (Procedure) Rules, 2003 ------------------------------------------------------- UNION OF INDIA India Authority for Advance Rulings (Procedure) Rules, 2003 ======================================================= Rule AUTHORITY-FOR-ADVANCE-RULINGS-PROCEDURE-RULES-2003 of 2003 ----------------------------------------------------------------- * Published on 21 March 2003 * Commenced on 21 March 2003 Authority for Advance Rulings (Procedure) Rules, 2003 Published vide Notification in the Gazette of India, Extraordinary, Part 2, Section 3(i) , dated 21.3.2003 ### 1679. No. G.S.R. 229(E) , dated 21.3.2003.- In pursuance of section 28-M of the Customs Act, 1962 ( 52 of 1962 ) and section 23H of the Central Excise Act, 1944 (1 of 1944), the Authority for Advance Rulings hereby makes the following rules to regulate its own procedure in all matters arising out the exercise of its powers under the said Acts, namely: ### 1. Short title and commencement.- (I) These rules may be called the Authority for Advance Rulings (Procedure) Rules, 2003. (2) They shall come into force on date of their publication in the Official Gazette. ### 2. Definitions.- in these rules, unless the context otherwise requires, (a) "advance ruling" means an advance ruling as defined in sub clause (b) of section 28E of the customs Act, 1962 ( 52 of 1962 ) (hereinafter referred to as the said Customs Act) or sub clause (b) of section 23A of the Central Excise Act, 1944, (1 of 1944) (hereinafter referred to as the said Excise Act) as the case may be; (b) "applicant" means an applicant as defined in sub clause (c) of section 28E of the said Customs Act or sub clause (c) of Section 23A of the Central Excise Act, as the case may be; (c) "application" means an application under sub section (1) of Section 28H of the Customs Act or under sub clause (1) of Section 23A of the Central Excise Act, as the case may be, but shall include, where the context permits, all applications, petitions, and representations of the nature referred to in rule 5; (d) "Authorised representative", (i) in relation to an applicant, shall have the meaning assigned to it in section 146A of the Customs Act or under section 35Q of the Central Excise Act, as the case may be; (ii) in relation to the Commissioner, means a person (a) authorized in writing by the Commissioner; or (b) appointed by the Central Government as authorized representative or authorized by the Central Board of Excise & Customs to appear, plead and act for the Commissioner in any proceeding before the Authority; (e) "Authority" means the Authority for Advance Rulings constituted under section 28F of the said Customs Act read with section 23H of the said Excise Act, (f) "Chairman" means the Chairman of the Authority; (g) "Commissioner" means, (i) the Commissioner of Customs under the Customs Act or the Commissioner of Central Excise under the said Central Excise Act, as the case may be ; or (ii) the Commissioner designated by the Central Board of Excise and Customs in this behalf in respect of an applicant; (h) "Member" means a member of the Authority and includes the Chairman; (i) "Rule" means the Customs (Advance Rulings) Rules, 2002 or the Central Excise(Advance Rulings) Rules, 20OZ as the case may be; (j) "Secretary" means a Commissioner of Customs and Central Excise designated as the Secretary of the Authority and includes an Additional Commissioner of Customs and Central Excise and Deputy Commissioner of Customs and Central Excise appointed to assist the Secretary in his functions where the context so requires; (k) Words and expressions used and not defined herein but defined in the said Customs Act or the said Central Excise Act, as the case may be, shall have the same meanings assigned to them in the Act. ### 3. Language of the Authority.- (1) The language of the Authority shall ordinarily be English: Provided that the Authority may, at the request of the parties, permit the use of Hindi in the proceedings before it to the extent it may consider appropriate and practical. (2) Where any document is in a language other than English or Hindi, an English translation thereof should also be filed along therewith. ### 4. Powers of the Authority.- The Authority shall hear and determine the application made under sub section (1) of section 28H of the Customs Act or subsection (1) Section 23C of the Central Excise Act, as the such case may be, and such other applications, petitions and representations of an interlocutory, incidental or ancillary nature as may be necessary for a complete and effective disposal of the application, as the Chairman may by general or special order direct. ### 5. Power to remove difficulty.- If any difficulty arises in giving effect to any order of the Authority, the Authority may, within a period of six months of passing of such order on its own motion or on an application made by the applicant or the Commissioner, which is not inconsistent with the provisions of the said Customs Act or Central Excise Act or rules made thereunder, remove difficulties. ### 6. Powers and function of the Secretary.- (1) The Secretary shall have the custody of the records of the Authority and shall exercise such other functions as are assigned to him under this procedure or by the Chairman by separate order. (2) The official seal of the Authority shall be kept in custody of the Secretary. (3) The Secretary shall also have the following powers and duties, namely: (i) to receive all applications filed before the Authority; (ii) to scrutinize the applications to find out whether they are in conformity with the said Customs Act or the said Central Excise Act, as the case may be, or the rules made thereunder and the procedure (iii) to point out defects in such application to the parties and require them to remove the defects by affording them a reasonable opportunity to do so and, where, within the time granted, the defects are not removed, to obtain necessary orders of the Authority; (v) to fix the date of hearing for the applications in consultation with the Chairperson and direct the issue of notices therefor; (vi) to issue the service of notices or other processes and to ensure that the parties are properly served; (vii) to requisition records from the custody of any person including a Commissioner or any other authority; (viii) to allow inspection of records of the Authority; (ix) to bring on record any any formal amendment of the records of the Authority as directed by the Authority; (x) to grant certified copies of the orders of the Authority to the parties; (xi) to grant certified copies of documents filed in the proceedings to the parties in accordance with the rules; (xii) to bring on record legal representatives, in case of death or retirement of any party to the proceedings and to make such appropriate amendments in the cause title as may necessary in the other situations referred to in procedure; (xiii) to study or cause to study by deputing officers under his control any records which may be considered relevant for arriving at a decision by the Authority; Provided that any such study shall only be conducted on orders of the Authority; (xiv) to seek technical, chemical or market evaluation of any goods, which may be considered relevant in the case of any application. In the event such inquiry warrants a visit to the facilities of the applicant or to any other place, by the officers deputed by the Secretary to the Authority for the said purpose, the expenses for the travel, other incidental expenses and/or payment of any professional fees shall be borne by the applicant: Provided further that any such inquiry shall only be conducted on orders of the Authority. ### 7. Signing of Notices, etc.- (1) Any requisition, direction, letter, authorisation, or written notice to be issued by t he Authority shall be signed by the Secretary or by an officer authorised by him. (2) Nothing contained in sub procedure (1) shall apply to any requisition or direction which the Authority may, in the course of the hearing, issue to an applicant or a Commissioner or an authorised representative. ### 8. Mode of service of notices.- Every notice or other document required to be served on or delivered to any person, may be sent through process server, or by registered post or by fax to that person for his authorised representative at the address or fax number furnished by him for service or at the place where the person or his authorised representative ordinarily resides or carries on business or personally works for gain. ### 9. Procedure for filing applications.- (1) An application shall be made in Form AAR (CUS) of the Customs (Advance Rulings) rules 2002 or Form AAR (CE) of the Central Excise (Advance Rulings) rules 2002, in quadruplicate and presented by the applicant in person or by an authorised representative to the Secretary or any other officer authorised by Secretary on this behalf or sent by registered post addressed to the Secretary along with a fee of two thousand five hundred Indian rupees in the form of demand draft drawn in favour of "Authority for Advance Rulings" payable at New Delhi, (2) The application, its verification and the annexures, statements and documents accompanying it, shall be signed in the manner set out in rules referred to in sub procedure (1); Provided that where a person signing the application and other documents claims to have been duly authorised in that behalf under the said rules, the application shall be accompanied by a power of attorney, authorising him to append his signature and an affidavit setting out the unavoidable reason which entitles him to sign it. (3) An application sent by registered post under sub procedure (1) shall be deemed to have been made on the date on which it is received in the office of the Authority. (4) If the applicant is not based in India, he shall indicate in Annexure 1 to the application: (a) His head office in any country, (b) the place where his office and residence is located or is likely to be located in India, and (c) the name and address of his representative in India, if any, authorised to receive notices and papers and act on his behalf. (5) The Secretary may send the application back to the applicant if it is defective in any manner for removing the defects within such time as he may allow. Such application shall be deemed to have been made on the date when it is re presented after correction. ### 10. Submission of additional facts before the Authority.- (1) The Authority may at its discretion permit or require the applicant to submit such additional facts as may be necessary to enable it to pronounce its advance ruling. (2) Where in the course of the proceedings before the Authority, a fact is alleged which cannot be borne out by or is contrary to the record, it shall be stated clearly and concisely and supported by a duly sworn affidavit. ### 11. Questions contained in the application.- The applicant shall not, except by leave of the Authority, urge or be heard in support of any additional question not set forth in the application, but in deciding the application the Authority shall at its discretion consider all aspect of the questions set forth as may be necessary to pronounce a ruling on the substance of the question posed for its consideration. ### 12. Date and place of hearing to be notified.- (1) Where an application under sub section (1) of Section 28H of the said Customs Act or sub section (1) of Section 23C of said Central Excise Act is received from an applicant and there is no Commissioner designated as per the provisions of the Act and the rules and procedure made thereunder, a copy of the application and enclosures there to shall be forwarded to the Board calling upon it to specify or designate, within a period of two weeks, the Commissioner for the purposes of the application, failing which the application may be decided without hearing the Commissioner. (2) On receipt of an application under sub section (1) of Section 28H of the said Customs Actor sub section (1) of Section 23C of the said Central Excise Act in respect of which a Commissioner has been designated as per the provisions of such Acts and the rules and procedure made thereunder, the authority shall notify the date and place hearing of the application forwarded a copy of the application to the Commissioner calling upon him to furnish the relevant records of the case along with his comments, if any, on the contains of the application and nominate his authorised representative if he desired to be heard. ### 13. Authorization to be filed.- An authorized representative appearing for the application at the hearing shall file, before the commencement of the hearing, a document 3uthorising him to appear for the applicant and if he is a relative of the applicant, the document shall state the nature of his relationship with the applicant, or if he is person regularly employed by the applicant the capacity in which he is at the time employed. ### 14. Continuation of proceedings after the death, etc., of the applicant.- Where the applicant dies or is wound up or dissolved or disrupted or amalgamated or succeeded to by any other person or otherwise comes to an end, the application shall not abate and may be permitted by the Authority, where it considers that the circumstances justify it, to be continued by the executor, administrator, or other legal representative of the applicant or by the liquidator, receiver or assignee, as the case mav be, on an application made in this behalf. ### 15. Hearing of application.- (1) On the day fixed, or any other day to which the hearing may be adjourned, the Authority shall hear the applicant or his authorized representative in cases where it is proposed to reject the application or the applicant seeks / has sought an opportunity of being heard. The Authority may also bear the Commissioner or his authorised representative as well as if it considers it necessary before pronouncing its advance ruling. (2) In appropriate cases the Authority may call upon any person to supply such material, as it may consider necessary to assist the Authority in arriving at a decision. (3) The Authority may, on such conditions as the circumstances of the case may require, adjourn the hearing of the application. ### 16. Hearing of application ex parte.- Where on the date fixed for hearing or any other day to which the hearing may be adjourned, the applicant or the Commissioner does not appear in person or through an authorized representative when called on for hearing, the Authority may dispose of the application ex parte on merits: Provided that where an application has been disposed of as above and the applicant or the Commissioner, as the case may be, applies within 15 days of receipt of the order and satisfies the Authority that there was sufficient cause for his non appearance when the application was called upon for hearing, the Authority may after allowing the opposite party a reasonable opportunity of being heard, make an order setting aside the ex parte order and restore the application for fresh hearing. ### 17. Modification of the order.- Where the Authority finds suo motu or on a representation made to it by the applicant or the Commissioner or otherwise, but before the advance ruling pronounced by the Authority has been given effect to by the assessing officer, that there is a change in law or facts on the basis of which the ruling was pronounced, it may by order modify such ruling in such respects as it considers appropriate, after allowing the applicant and the Commissioner a reasonable opportunity of being heard. ### 18. Rectification of mistakes.- (1) The Authority may, with a view to rectifying any mistake apparent from the record, amend any order passed by it before the ruling pronounced by the Authority has been given effect to by the assessing officer. (2) Such amendment may be made suo motu or when the mistake is brought to its notice by the applicant or the Commissioner, but only after allowing the applicant and the Commissioner a reasonable opportunity of being heard. ### 19. Amendment of the Record.- If at any stage of the proceedings before the Authority it appears that there is any factual or material error in the records the same shall be amended after hearing the applicant and the Commissioner. ### 20. Fees for supply of additional certified copies.- (1) The Secretary may order grant of additional certified copies of documents or orders to the applicant or the Commissioner on a written request made by either of them. (2) Copying fees for supply of additional certified copies to the applicant shall be charged at rupees three per page and such fees shall be paid in advance in cash . ### 21. Inspection of records and fees thereof.- (1) The applicant or the Commissioner or an authorized representative may be allowed to inspect the records of the case on making an application in writing to the Secretary provided that only those documents shall be allowed to be inspected which have been relied upon in the proceedings before the Authority. (2) The inspection shall be allowed only in the presence of an officer of the Authority and the applicant may be permitted to make notes of inspection but not to take copies of any document. (3) Fees for inspecting records of the Authority shall be charged from the applicant as follows: (a) Rupees one hundred for the first hour or part thereof, and (b) Rupees fifty for every additional hour or part thereof. (4) Fees for inspection shall be paid in advance in cash. ### 22. Declaration of advance ruling to be void in certain circumstances.- (1) Where a representation is made to the Authority by the commissioner of Customs or Commissioner of Central Excise or otherwise, that an advance ruling pronounced by it under sub section (6) of section 28 1 of the said Customs Act or under sub section (6) of Section 28D of the said Central Excise Act has been obtained by the applicant by fraud or misrepresentation of facts, such representation shall be made in quadruplicate and shall be accompanied by a statement of facts incorporating the fraud or misrepresentation as also particulars of the evidence to substantiate the claim of fraud or misrepresentation of facts. (2) On receipt of such representation a notice shall be issued to the applicant along with a copy of the representation for rebuttal and a reasonable opportunity shall be allowed to the applicant and the Commissioner for being heard before passing an order under sub section (2) of section 28 1 of the said Customs Act or sub section (2) of section 23D of the said Central Excise Act, as the case may be. ### 23. Proceedings not open to the public.- Proceedings before the Authority shall not be open to the public and no person other than the applicant, the Commissioner or their authorized representatives shall, without the permission of the Authority, remain present during such proceedings. ### 24. Publication of orders.- Such of the orders of the Authority, as the Chairperson deems fit for publication in any authoritative report or the press, may be released for such publication on such terms and conditions as the Chairperson may specify. ### 25. Authentication and communication of orders.- (1) Every order of the Authority shall be duly signed by the members and bear the official seal of the Authority. (2) One certified copy of such order of the Authority shall be communicated to the applicant and the Commissioner under the signature of the Secretary or any other officer of the Authority authorised by him in this behalf and bear the official seal of the Authority. ### 26. Proceedings of Authority.- (1) When one or both of the members of the Authority other than the Chairperson is unable to discharge his functions owing to absence, illness or any other cause or in the event of occurrence of any vacancy or vacancies in the office of the members and the case cannot be adjourned for any reason, the Chairperson alone or the Chairman and the remaining member may function as the Authority. (2) Subject to the provisions of sub procedure (3), in case there is difference of opinion among the members hearing an application, the opinion of the majority of members shall prevail and orders of the Authority shall be expressed in terms of the view of the majority but any member dissenting from the majority view may record his reasons separately. (3) Where the Chairperson and one other member hear a case under sub-procedure (1) and are divided in their opinion, the opinion of the Chairman shall prevail. ### 27. Procedure in case of other application.- The provision contained in these procedural rules for the hearing and disposal of application under subsection (1) of Section 28H of the said Customs Actor under sub clause (1) of Section 23C of the said Central Excise Act shall apply, mutatis mutandis, to the hearing and disposal of all other applications, petitions and representations before the Authority. ### 28. Dress regulation.- (1) An authorized representative shall appear before the Authority in dress prescribed for the members of his profession by the competent professional body, if any, (2) All other persons appearing before the Authority shall be properly dressed.
65b9c13aab84c7eca86e9e0d	acts	State of Rajasthan - Act -------------------------- Rajasthan Para-medical Council Act, 2008 ------------------------------------------ RAJASTHAN India Rajasthan Para-medical Council Act, 2008 ========================================== Act 25 of 2008 ---------------- * Published on 5 August 2008 * Commenced on 5 August 2008 Rajasthan Para-medical Council Act, 2008 Act No. 25 of 2008 [Dated 5th August, 2008] Law (Legislative Drafting) Department (Group-II) No. F.2(13) Vidhi/2/2008. - In pursuance of Clause (3) of Article 348 of the Constitution of India the Governor is pleased to authorize the publication in the Rajasthan Gazette of the following translation in the English language of the Rajasthan Sah-chikitsa Parisad Adhiniyam, 2008 (2008 Ka Adhiniyam Sankhyank 25):- [Received the assent of the Governor on the 3rd day of August, 2008] An Act to provide for the constitution of a Para-medical Council regulation of Para-medical Profession, and recognition of institutions imparting education or training in Para-medical subjects in the State and for matters connected therewith or incidental thereto. Be it enacted by the Rajasthan State Legislature in the Fifty-ninth Year of the Republic of India as follows:- Chapter I Preliminary -------------------------- ### 1. Short title, extent and commencement. (1) This Act may be called the Rajasthan Para-medical Council Act, 2008. (2) It extends to the whole of the State of Rajasthan. (3) It shall come into force from 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) "Council" means the Rajasthan Para-medical Council established under section 3; (b) "member" means a member of the Council; (c) "Para-medical professional" means a person who holds recognized Para-medical qualification and is registered as such in the Register of Para-medical professionals maintained under this Act; (d) "Para-medical subject" means a para-medical subject mentioned in the Schedule; (e) "prescribed" means prescribed by rules or regulations made under this Act; (f) "president" means the president of council; (g) "recognized institution" means an institution imparting education or training in any of the Para-medical subjects and recognized under the provisions of this Act; (h) "recognized Para-medical qualification" means a degree, diploma or a certificate in any of the Para-medical subjects granted by a recognized institution or a qualification declared to be a recognized qualification under section 32; (i) "registered" means registered in accordance with the provisions of this Act and the rules and regulations made thereunder; (j) "Registrar" means the Registrar of the Council appointed under section 15; (k) "Vice-President" means the Vice-president of the Council. Chapter II Rajasthan Para-medical Council ---------------------------------------------- ### 3. Establishment and incorporation of the Rajasthan Para-medical Council. - The State Government shall by notification in the Official Gazette, establish a Council to be known as the Rajasthan Para-medical Council for the purpose of carrying out the provisions of this Act and such Council shall be a body corporate, having perpetual succession and a common seal, with power to acquire or hold property both movable and immovable and shall by the said name sue and be sued. ### 4. Constitution and composition of Rajasthan Para-medical Council. - The Council shall consist of the following members, namely :- (i) six members elected by registered Paramedical pr4ofessionals from amongst themselves; Provided that at the first constitution of the Council, the State Government may nominate, in Place of elected members, such persons as are qualified for registration as Para-medical professionals; (ii) Five members nominated by the State Government from amongst the persons having special knowledge in the Para-medical subjects: Provided that not more than one member shall be nominated form amongst the persons having special knowledge in any one Para-medical Subject; (iii) three members elected by the teachers of the recognized institutions from amongst themselves: Provided that at the first constitution of the Council, the State Government may nominate, in place of elected members, such persons who are teachers in institutions imparting education or training in Para-medical Subjects in the State. (iv) the Dean, Faculty of Medicine, Rajasthan University of Health Sciences, Jaipur ex officio; (v) the Director, medical and Health Services, Government of Rajasthan ex officio; and (vi) the Director, Technical Education, Government of Rajasthan ex officio: Provided that a person shall not be qualified for being elected or nominated as a member of the Council, if- (i) he/she is not a citizen of India; or (ii) he/she is an un-discharged insolvent; or (iii) he/she is of unsound mind and stands so declared by a competent court;or (iv) he/she has been sentenced for any offence involving moral turpitude;or (v) he/she is an employee of the council and is remunerated by salary or honorarium : Provided further that no person shall at the same time serve as a member in more than one capacity. ### 5. President and Vice-President of the Council. - The president and the Vice-President of the Council shall be elected by the members of the council from among themselves: Provided that at the first constitution of the Council, the President and the Vice-President shall be nominated from amongst the members of the Council by the State Government, who shall hold office for three years or during the pleasure of State Government, whichever is earlier. ### 6. Publication of names of the President, Vice-President and members. - The names of the president, Vice-President and all the members of the council shall published in the Official Gazette. ### 7. Mode of elections. - Elections to the office of me President, Vice-President and the members shall be conducted in the prescribed manner, and where any dispute arises regarding any such election, it shall be referred to the State Government whose decision shall be final. ### 8. Term of Office. (1) An ex-officio member of the Council shall continue as such so long as he/she holds the office by virtue of which he/she is a member of the Council. (2) The term of office of a member of the Council, other than the ex-officio member, shall be three years from the date of member of the Council from his office, after affording him/her a reasonable opportunity of explanation, for any reason which the State Government may deem to be affecting the public interest adversely, and the member so removed shall not be eligible for being elected or nominated for a period of three years form the date of his/her removal. ### 9. Conditions of the office of the President, Vice-President or the member. - The President, Vice-President or a member of the Council shall not be entitled to receive any salary or remuneration from the Council but he/she may be paid such compensatory allowances as may be prescribed by regulation. ### 10. Filling up of vacancies. - Any vacancy occurred in the office of the president, Vice-President or a member shall be filled up, as soon as may be, in accordance with the provisions of this Act. ### 11. Vacancy not to affect proceedings and acts. - No act or proceeding of the Council shall be deemed to be invalid merely by reason of any vacancy or of any defect or irregularity, not affecting the substance, in the election or nomination of a person as the President, Vice-Preside3nt or a member of the Council. ### 12. Conduct of the business of the Council. (1) For the purpose of transaction of its business, the Council may make regulations consistent with this Act and the rules made thereunder. (2) The regulations made under this section may provide for all or any of the following matters, namely:- (a) the time and place of its meetings; (b) the issue of notices of such meetings to the members; (c) the conduct of business at such meetings; (d) the quorum necessary for the transaction of Business; and (e) the appointment of committees to deal with part of business before the Council. ### 13. Powers and functions of the Council. (1) Subject to the provisions of this Act and the rules made thereunder, the Council shall exercise such powers and perform such functions as may be necessary for carrying out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing provision, the powers and the functions of the Council shall be - (a) to maintain the Register of Para-medical professional; (b) to hear and decide appeals from the decision of the Registrar in such manner as may be prescribed by regulations; (c) to prescribe by regulations a code of ethics for regulating the professional conduct of registered Para-medical professionals; (d) to reprimand a registered Para-Medical professional, to suspend or remove the name from the Register of Para-medical professionals, or to take such other disciplinary action against him/her as may, in the opinion of the Council, be necessary or expedient; (e) to permit any member to remain absent form three consecutive meetings of the Council; (f) to promote innovations, research and development in establishment of new Para medical subjects; (g) to recommend to the state Government to include new Para-Medical Subjects in the Schedule; (h) to formulate schemes for promoting Para-medical education; (i) to promote an effective link between Para-medical education and medical education, and to promote research and development in Para-Medical subjects; (j) to lay down norm and standards for courses, curricula, physical and instructional facilities staff qualification, quality instructions, assessment and examinations in Para-medical education; (k) to fix norms and guidelines for institutional charges and other fees; (l) to recognize the institutions conducting courses in Para-medical subjects; (m) to provide guidelines for admission of students to Para-medical institutions imparting Para-medical education; (n) to inspect or cause to be inspected any Para-medical institution; (o) to constitute a board for conducting the examination in Para-medical subjects so as to maintain uniformity of standard; and (p) to perform such other function as may be prescribed by rules. ### 14. Power of Council to invite any person having special knowledge or experience in Para-medical subjects. (1) The Council may invite any person having special knowledge or experience in Para-medical subjects to its meetings. Any person so invited shall have right to take part in the discussion held at the meeting but shall not have the right to vote. (2) The Council may pay to a person invited under sub-section (1) such compensatory allowances as are admissible to a member of the council under the provisions of section 9. ### 15. Registrar and staff. (1) The State Government shall appoint an officer of the State service to be the Registrar of the Council who shall act as Secretary to the Council and shall perform such other duties as are assigned to him/her by this Act or the rules or regulations made thereunder or as may be specially assigned to him/her by an order of the Council. (2) The Council may, with the prior approval of the State Government, appoint such other officers and servants as it may consider necessary for the purpose of carrying out its functions under this Act. (3) The salary and other conditions of service of the officers and the servants of the Council shall be such as may be determined by it with the prior approval of the State Government. (4) The Registrar and Other officers and servants of the Council shall be deemed to be public servants within the meaning of section 21 the Indian Penal Code, 1860 (Central Act No. 45 of 1860). Chapter III Registration of Para-medical Professionals ----------------------------------------------------------- ### 16. Orders for maintenance of registers. (1) The Council shall, as soon as conveniently may be, agter the commencement of this Act and from time to time as occasion may require, make orders for regulating the maintenance of a register of Para-medical professionals arranged in several parts in which the persons to be registered shall be classified in accordance with their qualifications. (2) The registers shall be kept in the form prescribed by the Council. ### 17. Persons entitled to be registered. - A person having recognized Para-medical qualification shall be entitled to be registered as a Para-medical professional. ### 18. Applications for registration. - An application for registration by any of the persons mentioned in section 17 shall be made to the Registrar in the prescribed form and shall be accompanied with the prescribed fees. ### 19. Disposal of applications by Registrar. - If the Registrar is satisfied, after holding in the prescribed manner such inquiry as he/she considers necessary, that the applicant for registration is entitled to be registered under section 17, he/she shall enter his/her name in the appropriate register. (2) If the Registrar is not satisfied as aforesaid, he/she shall make an order rejecting the application for registration and refund the fee paid with it. ### 20. Maintenance of registers. (1) The Registrar shall keep and maintain the registers in accordance with the provisions of this Act and the rules and regulations made thereunder and of any orders made by the Council under section 16 and shall make necessary alterations in the registered addresses and appointments, in the registered qualifications and in the classification of registered Para-medical professionals and may erase therefrom the name of any Para-medical professional. (2) In order to fulfil the duties imposed upon him/her by sub-section (1) the registrar may send through the post a registered letter to any person registered as a Para-medical professional, addressed to him/her according to his/her registered address or appointment, to inquire whether he/she has ceased to pracitse or whether his/her residence or appointment has been changed; and if no answer to any such letter is received within a period of six months from the date of its despatch, the Registrar may erase the name of such person from the register: Provided that any name erased under this sub-section may be re-entered in the register under the direction of the Council. ### 21. Erasure on death. - whenever a reliable information is received regarding the death of a registered Para-medical professional, the Registrar may, after satisfying himself/herself about the fact of such death, erase the name of the deceased person from the register. ### 22. Erasure of fraudulent and incorrect entries. - Any entry in the registers, which is proved to the satisfaction of the registrar to have been fraudulently or incorrectly made. may be erased therefrom, by an order recorded in writing, by the Registrar. ### 23. Prohibition of registration etc. (1) The Council may prohibit the registration of any person as a Para-medical professional and, if such person is already so registered, may direct the removal of his/her name from the register on any of the following grounds, namely :- (a) that he/she has been convicted of any such offence as implies in the opinion of the Council any defect of character such as would render him/her unfit for Para-medical profession; (b) that he/she has been found by the Council to be guilty of an offence which, in its opinion, indicates professional incompetence, negligence or contravention of regulations ordinarily included in the performance of his/her duty; (c) that he/she has been found by the Council to be guilty of professional misconduct or of infamous conduct in any professional respect; or (d) that there are defects in his/her character which, in the opinion of the Council, would render the entry or retention of his/her name on the register undesirable: Provided that no action shall be taken by the Council under this section until after due inquiry at which the person concerned has been given a reasonable opportunity of being heard in his defence, the person concerned is found to be disqualified as specified in clause (a) or clause (b) or clause (c) or clause (d). (2) Any name removed form the register under sub-section (1) may afterwards be re-entered in the register, and any order of prohibition of registration passed under sub-section (1) may be withdrawn, under the direction of the Council given by a majority of two thirds of the member present and voting at the meeting. ### 24. Entry of new titles and qualification in the register. (1) if any person whose name is registered under this Act obtains any title or qualification other than the title or qualification in respect of which he/she has been registered, he/she shall, on payment of the prescribed fees, be entitled to, and may apply to the Registrar for, an entry respecting such other title or qualification made against his/her name in the register either in substitution for or in addition to the entry previously made. (2) The Registrar may, after making such inquiry as he/she thinks necessary, either make the entry applied for or reject the application for reasons to be recorded in writing. ### 25. Appeals from orders and decisions of Registrar. (1) Any person aggrieved by any order or decision of the Registrar under section 19 or section 20 or section 21 or section 22 or section 24 may within thirty days of such order or decision appeal to the Council. (2) Every such appeal shall be heard and disposed of in the prescribed manner. ### 26. Appeals from orders of Council. - Any person aggrieved by an order or decision of the Council under proviso to sub-section (20 of section 20 or under section 258 may, within three months from the date of such order or decision, appeal to the State Government whose decision thereon shall be final. ### 27. Preparation, Publication and use of annual lists of registered Para-medical professionals. (1) The Registrar shall, in every year, on or before a date to be fixed in this behalf by the Council, cause to be prepared, printed and published in the prescribed manner lists in the prescribed from and specifying the prescribed particular of all the registered Para-medical professionals. (2) In every proceeding it shall be presumed that any person whose name is entered in the latest of the lists published under sub-section (1) is a registered Para-medical professional: Provided that, in the case of a person whose name may have been entered in a register after the publication of a list under sub-section (1) and before the publication of a fresh list thereunder, a certified copy of such entry signed by7 the Registrar, shall be evidence that such person is registered under this Act. Chapter IV Recognition of Institutions ------------------------------------------- ### 28. Recognition of Institutions. (1) No Person shall establish a Para-medical institution or conduct any course in Para-medical subjects for preparing students to obtain any recognized Para-medical qualification, without the recognition by the Council. (2) An application for recognition of a Para-medical institution shall be made to the Registrar in such form and shall be accompanied with such fee, as may be prescribed. (3) For the purpose of ascertaining whether recognition may be given or not, the Council shall conduct such enquiry as may be prescribed and shall, by order, grant recognition or reject the application for recognition. (4) The educational or training institutions conforming to the standards fixed by the Council by regulations made under this Act, alone shall be given recognition under this Act. (5) Notwithstanding anything contained in sub-section (1), all institutions conducting Para-medical courses as on the date of commencement of this Act shall apply for and obtain the recognition within six months from the date of commencement of this Act: Provided that it the institution applying for recognition under this sub-section does not conform to the standards fixed by the Council in this regard, temporary recognition may be granted to the institution subject to the condition that the facilities in accordance with the standards fixed by the Council shall be provided within a period of one year from the date of grant of temporary recognition. (6) In the institution fails to fulfil the condition specified in proviso to sub-section (5) within the period specified therein, the temporary recognition granted under that sub-section shall stand withdrawn forthwith. ### 29. Withdrawal of recognition. - The Council may, for the reasons to be recorded in writing and after affording a reasonable opportunity of being heard to governing body or authority of the concerned institution, withdraw the recognition of an institution with immediate effect. ### 30. Appeal to the State Government. - Any person aggrieved by the order of the Council granting or refusing to grant recognition to any institution under section 28 or withdrawing such recognition under section 29 may, within three months from the date of such order, appeal to the State Government whose decision thereon shall be final. ### 31. Power of Council to call for information from institutions etc. (1) The Council shall have power to call upon the governing body or authority of any recognized institution- (a) to furnish reports, returns or other information as the council may require to enable it to judge the efficiency of the institution or the education or training imparted therein; and (b) to provide facilities to enable any member of the Council, deputed by the Council in this behalf, to be present at the examinations to be held by any such institution. (2) The Council shall have power to inspect any such institution and may for the purpose appoint a committee of not less than three and not more than five members of the Council to inspect the same and submit a report in regard thereto to the Council. Chapter V Recognition of Certain Qualifications ---------------------------------------------------- ### 32. Qualification granted outside the territories to which this Act extends. - The Council, if it is satisfied that any qualification in Para-medical subjects granted by an authority outside the territories of the State of Rajasthan affords a sufficient guarantee of the requisite skill and knowledge, may declare such qualification to be a recognized qualification for the purpose of this Act, and may for reasons appearing to it sufficient at any time declare that such qualification shall be deemed, subject to such additional conditions, if any as may be specified by the Council, to be recognized only when granted before or after a specified date: Provided that no person, other than a citizen of India, possessing such qualification shall be deemed to be qualified for registration under this Act unless by the law and practice of the State or Country, in which the qualification is granted, persons of Indian origin holding such qualification are permitted to enter and practice as Para-medical profession. ### 33. Mode of declarations. - under section 32 shall be made by resolution passed at a meeting of the Council and shall have effect as soon as it is published in the official Gazettee. Chapter VI Finances ------------------------ ### 34. Scale of Fees. (1) The Council may, with the prior approval of the State Government, prescribe the scale of fees payable in respect of all matters and provided for in this Act or the rules and regulations made thereunder and provide the mode of their payment. (2) Such fees shall be applied for the purpose of this Act and the rules and regulations made thereunder. ### 35. Funds of the Council. (1) The Council shall establish a fund to be the Council, namely:- (2) The following shall form part of, or be paid into, the fund of the Council, namely:- (a) any contribution or grant made by the Central Government or the state Government; (b) Income of the Council from all sources including income from fees and fines; (c) donations, endowment and other grants, if any; and (d) any other sums received by the State Council. (3) The fund of the Council shall be managed and administered in the prescribed manner. (4) The funds of the Council shall be applied to the following objects, namely:- (a) for the repayments of debts incurred by the Council for the purpose of this Act. (b) for the expenses of any suit or legal proceeding to which the Council is a party; (c) for payment of salaries and allowances to the officers and staff of the Council; (d) for the payment of allowances to the office bearers of the Council; (e) for the payment of any expenses incurred by the Council in carrying out the provisions of this Act and the rules and regulations made thereunder; and (f) any other expenses incurred for the promotion and development of Para-medical education, research and training, declared by the Council to be in the general interest of Para-medical education and profession; ### 36. Accounts and Audit. (1) The accounts of the Council shall be prepared before such date and at such intervals and in such manner as may be prescribed. (2) The accounts of the Council shall be audited in such manner and by such authority as may be prescribed. (3) As soon as the accounts of the Council are audited and approved by the Council, the Council shall send a copy thereof to the State Government. ### 37. Budget. (1) The Registrar shall cause to be prepared, in such form as may be prescribed, a budget in respect of the next ensuing financial year, showing the estimated receipts and expenditure and shall cause it to be laid before the Council at such time and in such manner as may be prescribed. (2) The Council shall be competent to re-appropriate such amounts as may be necessary from one head to another and within such heads or minor heads. (3) The Council may as and when required, pass a supplementary budget in such form and by such date as may be prescribed. Chapter V Miscellaneous ---------------------------- ### 38. Prohibition on practice except as provided in this Act. - No person in the State shall practice or hold himself/herself out, whether directly or indirectly, as a Para-medical professional unless he/she is registered under this Act and no registered Para-medical professional in the State shall practice or hold himself/herself out, whether directly or indirectly, as a Para-medical professional in any area of specialization other than that covered by the Para-medical subject in which he/she has recognized qualification. ### 39. Offences. (1) Any person who- (a) dishonestly makes use of any certificate of registration issued to him/her or to any other person under this Act and the rules and regulations made thereunder; or (b) procures or attempts to procure registration under this Act and the rules and regulations made thereunder by making or producing or cause in to be made or produced any false or fraudulent declaration, certificate or representation whether in writing or otherwise; or (c) fraudulently procures or attempts to procure the entry of a new title or qualification under section 24;or (d) wilfully makes or causes to be made any falsification in the registers maintained or in the certificates issued under this Act and the rules and regulations made thereunder; or (e) being the Secretary, Manager or any other officer of any recognised institution, issues, or authorises of the issue of, a certificate to any person; or (f) contravenes the provisions of section 38, shall, on conviction, to punishable with imprisonment, which may extend to two years, or with fine, which may extend to two lakh rupees, or with both. (2) Any person who contravenes any of the provisions of this Act or the rules or regulations made thereunder shall, if such contravention does not fall within the provisions of sub-section (1), on conviction, be punishable, with fine which may extend to one lakh rupees. ### 40. Cognizance of offence. - No court shall take cognizance of an offence punishable under this Act or the rules or regulations made thereunder except on a complaint made by the Registrar with the previous sanction of the Council. ### 41. Control of State Government. - If at any time it appears to the State Government that the Council has failed to exercise or has exceeded or abused a power conferred, or has failed to perform a duty impose, upon it by this Act, the State Government may, if it consider such failure, excess or abuse to be of a serious character, notify the particulars thereof to the council and, if the council fails to remedy such failure, excess or abuse within such time as may be fixed by the State Government may dissolve the Council and cause all or any of the powers and duties of the Council to be exercised and performed by such agency and for such period, not exceeding six months, as it may think fit: Provided that the State Government shall reconstitute the Council before the expiry of six month from the date of its dissolution. ### 42. Rules and Regulations. (1) The State Government may, by notification in the official Gazette, make rules generally to carry out the purpose of this Act. (2) In particular and without prejudice to the generally of the foregoing provision, such rules may provide for the following matters, namely:- (a) to prescribe the manner of election to the office of the president, Vice-President and the members of the Council; (b) to prescribe other functions of the Council under clause (p) of sub-section (2) of section 13; (c) to prescribe the manner in which the fund of the Council shall be managed; (d) to prescribe the date before which, the intervals at which, and the manner in which, accounts of the Council shall be prepared; (e) to prescribe the manner in which and the authority by whom the accounts of the Council shall be audited; (f) to prescribe the form in which the budget of the Council shall be prepared; (g) to prescribe the form in which and the date by which supplementary budget of the Council, if required, shall be passed; and (h) to provide for the matters which are required to be or may be provided for by rules under this Act. (3) Subject to the provisions of this Act or the rules made thereunder, the council may, with the approval of the State Government, make regulations to provide for the following matters, namely:- (a) to regulate the transaction of business by the Council or by any committee appointed by it, including the matters specified in sub-section (2) of section 12; (b) to prescribe the forms of the Registers of Para-medical professionals; (c) to prescribe the form of annual lists of registered Para-medical professionals and mode of their publication; (d) to prescribe the forms of application required to be made under the provisions of this Act; (e) to prescribe the manner and procedure of any enquiry or inspection required to be made under the provisions of this Act or rules or regulations made thereunder by the Council or its committee or the Registrar; (f) to prescribe the form and procedure of appeals under this Act; (g) to prescribe the scale of fees payable in respect of all matters and proceedings provided for in this Act or the rules and regulations made thereunder and the mode of their payment; (h) to determine the strength of the staff of the Council; (i) to determine the salaries payable to and lay down the other conditions of service of the officers and servants of the Council; (j) to specify the duties to be performed by the Registrar and other staff; (k) to prescribe code of ethics to be observed by the registered Para-medical professionals; (l) to prescribe the norms and standards for granting recognition to any institution under this Act; and (m) to regulate any such other matter which is required to be regulated by regulations under this Act or which, in the opinion of the Council, is necessary to be provided for by regulations in the interest of efficient working of the Council. (4) The regulations made under sub-section (3) shall be published in the Official Gazette and shall come into force with effect from the date of such publication. ### 43. Laying of rules and regulations before Assembly. - All rules and regulations 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 of such rules or Regulation or resolves that any such rule or regulation should not be made, such rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however that any such modification or annulment shall be without prejudice to the validity of anything previously done thereunder. ### 44. Power of the State Government to amend the Schedule. - on the recommendation of the Council made in this behalf, the State Government may, by notification in the Official Gazette, amend the Schedule by inserting a new Para-medical subject therein and on and from the date of publication of such notification the Schedule shall stand amended accordingly. ### 45. Bar to suits and legal proceedings. - No suit or other legal proceeding shall lie against any person in respect of any act done by him in good faith in the exercise of any power conferred by this Act. Schedule ---------- [see section 2(d) ] List of Para-medical Subject ### 1. Speech therapy; ### 2. Audiology; ### 3. Laboratory Technology (Various types); ### 4. Radiography & Imaging - CT Scan, MRI, X-Ray; ### 5. Cardiac Investigation Technology -ECG, CTMT, ECHO, Colour Doppler; ### 6. Ortho Technology; ### 7. Gamma Camera Technology / Nuclear Medicine Technologist; ### 8. Optometrist Technology - Refraction, Contact (sic) ### 9. Ultra Sound Technology; ### 10. Cath Lab- Angiography; ### 11. Operation Theatre; ### 12. Human Nutrition; ### 13. Dialysis/Organ Transplant; ### 14. Hospital Medical Record Science; ### 15. Ophthalmology; ### 16. Perfusion/Cardiac Surgery/Cardio Thoracic; ### 17. Physiology; ### 18. Cardiology; ### 19. Pathology; ### 20. Radiology; ### 21. Health/Sanitary; ### 22. Immunization/Vaccination; ### 23. Basic Health Care & Community Development; ### 24. Courses on Rehabilitation - Mental Retardation/Impaired Hearing/Impaired Visually/Handicapped Vocational Training; ### 25. Sports Medicine; ### 26. Medical Transcription; ### 27. Dental Hygiene; ### 28. Anesthesia; ### 29. Blood Component Technology; ### 30. Blood Component Technology; ### 31. Physicist/Radiotherapy Technology; ### 32. Geriatric Care.;
65baa757ab84c7eca86ec456	acts	State of Gujarat - Act ------------------------ The Gujarat National Law University Act, 2003 ----------------------------------------------- GUJARAT India The Gujarat National Law University Act, 2003 =============================================== Act 9 of 2003 --------------- * Published on 12 March 2003 * Commenced on 12 March 2003 The Gujarat National Law University Act, 2003 Gujarat Act No. 9 of 2003 (First published after having received the assent of the Governor in the "Gujarat Government Gazette," on the 12th March, 2003). An Act to establish and incorporate a National Law University in the State of Gujarat. It is hereby enacted in the Fifty-fourth Year of the Republic of India as follows:- Chapter I Preliminary -------------------------- ### 1. Short title and commencement. (1) This Act may be called the Gujarat National Law University Act, 2003. (2) This section shall come into force at once and the remaining provisions shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act. ### 2. Definitions. - In this Act, unless the context otherwise requires,- (a) "Academic Council" means the Academic Council of the University; (b) "Chairman" means the Chairman of the General Council of the University; (c) "Director" means the Director of the University appointed by the General Council under Section 33; (d) "Executive Council" means the Executive Council of the University; (e) "Finance Committee" means the Finance Committee of the University constituted under Section 28; (f) "General Council" means the General Council of the University referred to in Section 12; (g) "regulations" means the regulations made under this Act; (h) "University" means the Gujarat National Law University established under Section 3 of this Act; (i) "Visitor" means the Visitor of the University. Chapter II The University ------------------------------ ### 3. Establishment and incorporation of University. (1) There shall be established in the State of Gujarat a University by the name of the Gujarat National Law University which shall consist of the Visitor, the Chairman, the General Council, the Executive Council, the Academic Council and the Officers of the University. (2) The University shall be a body corporate by the name of "The Gujarat National Law University" having perpetual succession and a common seal and may sue or be sued by the said name and shall be competent to acquire hold and dispose of property both movable and immovable and to contract and to do all things necessary for the purposes of this Act. ### 4. Headquarters of the University. - The headquarters of the University shall be at such place as the State Government may, by notification in the Official Gazette, specify. ### 5. Objects of the University. - The objects of the University shall be to advance and disseminate learning and knowledge of law and legal processes and their role in national development to develop in the students and the research scholars a sense of responsibility to serve society in the field of law by developing skills in regard to advocacy legal services, legislation, parliamentary practice, law reforms and such other matters; to make law and legal processes efficient instruments of social development; and to promote interdisciplinary study of law in relation to management technology international co-operation and development. ### 6. University open to all irrespective of religion class, sex and race, etc. - The University shall be open to all persons irrespective of religion, sex, race, caste, creed, class, opinion, place of birth or religious behalf on political opinion and it shall not be lawful for the University to impose or any person any test whatsover relating to sex, race, caste, creed, class place of birth, opinion, religious belief or profession in order to entitle him to be admitted as a student in the University or to be appointed thereto as a teacher or to hold any office or post in the University or to qualify for any degree, diploma or any academic distinction or to enjoy or exercise any privilege of the University. ### 7. Powers and functions of University. - The University shall have the following powers and perform the following functions, namely:- (i) to administer and manage the University and such centres of research, education and instruction as are necessary for the furtherance of the objects of the University; (ii) to provide for instruction in such branches of knowledge or learning pertaining to law as the University may think fit and to make provision for research and for advancement and dissemination of knowledge of law; (iii) to organise and undertake extra-mural teaching and extension services; (iv) to hold examinations and to grant diplomas or certificates and to confer degrees including joint degrees in law combined with other disciplines and other academic distinctions on persons subject to such conditions as the University may determine and to withdraw any such diplomas, certificates, degrees or other academic distinctions for good and sufficient cause; (v) to confer honorary degrees or other distinctions in such manner as may be laid down by regulations; (vi) to fix demand and receive fees and other charges; (vii) to institute and maintain halls and hostels and to recognise places of residence for the students of the University and to withdraw such recognition accorded to any such place of residence; (viii) to establish such special centres, specialized study centres or other units for research and instruction as are in the opinion of the University, necessary for the furtherance of its objects; (ix) to supervise and control the residence and to regulate the discipline of the students of the University; (x) to create academic, technical administrative, ministerial and other posts and to make appointments thereto; (xi) to regulate conduct and enforce discipline among the employees of the University and to take such disciplinary measures as may be deemed necessary; (xii) to institute Professorships, Associate Professorships, Assistant Professorships, Readerships, Lecturerships and any other teaching, academic or research posts required by the University; (xiii) to appoint persons as Professors, Associate Professors Assistant Professors, Readers, Lecturers or otherwise as teachers and researchers of the University; (xiv) to establish and run specialised Schools for studies and research in various disciplines in law and related fields; (xv) to institute and award fellowships, scholarships prizes and medals; (xvi) to provide for printing, reproduction and publication of research and other works and to organise exhibitions; (xvii) to sponsor and undertake research in all aspects of law, jurisprudence, justice, legislation, parliamentary practice and related fields. (xviii) to co-operate with any other organization in the matter of education training and research in law, jurisprudence, justice, legislation, parliamentary practice and allied subjects for such purposes as may be agreed upon on such terms and conditions as the University may, from time to time determine; (xix) to co-operate with institutions of higher learning in any part of the world having objects wholly or partially similar to those of the University by exchange of teachers and scholars and generally in such manner as may be conducive to the common objects; (XX) to regulate the expenditure and to maintain the account of the University; (xxi) to establish and maintain within the premises of the University or elsewhere such class rooms and study halls as the University may consider adequate and necessary and to establish and maintain such libraries and reading rooms as may appear convenient or necessary for the University; (xxii) to receive grants, subventions, subscriptions, donations and gifts for the purpose of the University and consistent with the objects for which the University is established; (xxiii) to purchase, take on lease or accept as gifts or otherwise any land or building or works which may be necessary or convenient for the purpose of the University on such terms and conditions as it may think fit and proper and to construct, alter and maintain any such buildings or works; (xxiv) to sell, exchange, lease or otherwise dispose of movable or immovable property of the University on such terms as it may think fit and proper without prejudice to the interests and activities of the University: Provided that the University shall not sell, exchange, lease or otherwise dispose of movable or immovable property granted by the State Government without prior approval of the State Government or without compliance of the terms and conditions on which the State Government has given approval. (xxv) to draw and accept, to make and endorse, to discount and negotiate promissory notes, bills of exchange cheques or other negotiable instruments; (xxvi) to execute conveyance, transfer, reconveyance, mortgages, lease, licence and agreement in respect of property movable or immovable including Government securities belonging to the University or to be acquired for the purpose of the University; (xxvii) to appoint any person for execution of an instrument or transaction of any business of the University, (xxviii) to enter into any agreement with the Central Government or the State Government or the Government of any other State or the University Grants Commission or any other authority for receiving grants; (xxix) to accept grants of money, securities or property of any kind on such terms as it may deem expedient; (xxx) to raise and borrow money on bonds, mortgages, promissory notes or other obligations or securities founded or based on all or any of the properties and assets of the University or without any securities and on such terms and conditions as it may think fit and to pay out of the funds of the University all expenses incidental to the raising of money and to repay and redeem any money borrowed; (xxxi) to invest the funds of the University or the money entrusted to the University in or on such securities and in such manner as it may deem fit and from time to time transpose any investment; (xxxii) to make regulations for regulating the affairs and the managements of the University; (xxxiii) to constitute fund for pensions, gratuity, insurance provident fund which shall be governed by the provisions of the Provident Funds Act, 1925 (19 of 1925) as if such fund were a Government Provident Fund in such manner and subject to such conditions as may be prescribed by regulations and to make such grants as it may think fit for the benefit of any employee of the University and to aid in support of the establishment of associations, institutions, funds and trusts calculated to benefit the employees and the students of the University; (xxxiv) to delegate all or any of its powers to the Director or any committee or sub-committee constituted by any authority of the University or to any one or more members of the General Council of the University or to any officers of the University or to any officer of the University; and (xxxv) to do all such other acts and things as the University may consider necessary, conducive or incidental to the attainment or promotion of the objects of the University. ### 8. Teaching in University. (1) All recognised teachings in connection with the degrees, diplomas and certificates of the University shall be conducted under the control of the Academic Council by the teachers of the University in accordance with the syllabus prescribed by the regulations. (2) The courses and curricula of teaching and the authorities responsible for organising such teaching shall be such as may be prescribed by the regulations. ### 9. Visitor. (1) The Chief Justice of India shall be the Visitor of the University. (2) The Visitor shall have the right to cause an inspection to be made by such person or persons as he may direct of the University its buildings, libraries and equipments and of any institution maintained by the University and also of the examinations teaching and other work conducted or done by the University and to cause an inquiry to be made in like manner in respect of any matter connected with the administration and finance of the University. (3) The Visitor shall give notice to the University of his intention to cause an inspection or inquiry to be made, and the University shall be entitled to appoint a representative who shall have the right to be present and be heard at such inspection or inquiry. (4) The Visitor may address the Chairman and the Director with reference to the result of such inspection or inquiry and the Director shall communicate to the General Council the results, the views of the Visitor and the advice that may be tendered by the Visitor with regard to the action to be taken thereon. (5) The General Council shall communicate through the Director to the Visitor of such action if any as it proposes to take or as has been taken on the result of such inspection or inquiry. (6) Where the General Council does not take action to the satisfaction of the Visitor within the time limit fixed by the Visitor the Visitor may after considering any explanation furnished or representation made by the General Council issue such direction as he may think fit and the General Council shall comply with such direction. ### 10. Chairman. (1) The Chairman of the General Council shall be an eminent person in the field of law, academe, industry, trade or commerce or public life. He shall be appointed by the State Government in consultation with the Visitor: Provided that until the first Chairman is appointed by the State Government the person functioning as the Chairman of the Indian Institute of Legal Studies Society registered under the Society Registration Act, 1860 (21 of 1860) shall be the Chairman of the General Council. (2) The Chairman shall hold office for a term of five years and he shall be eligible for reappointment to that office only for a further term of five years. Chapter III Authorities of University ------------------------------------------ ### 11. Authorities of the University. - The following shall be the authorities of the University:- (a) the General Council; (b) the Executive Council; (c) the Academic Council; (d) the Finance Committee; and (e) such other authorities as may be declared by the University by regulation to be the authorities of the University. ### 12. General Council. - The General Council shall be the apex authority of the University. ### 13. Constitution of General Council. - The General Council of the University shall consist of the following members namely:- (a) the Visitor, (b) the Chairman, (c) the Director, (d) the Attorney General of India, (e) one Judge of the Supreme Court of India nominated by the Visitor, (f) the Minister for Finance State of Gujarat, (g) the Minister for Higher Educaction State of Gujarat, (h) the Minister for Law State of Gujarat, (i) the Chief Justice High Court of Gujarat, (j) two Judges of the High Court of Gujarat nominated by the Visitor, (k) the Solicitor General of India, (l) any Additional Solicitor General of India nominated by the Attorney General of India, (m) the Advocate General State of Gujarat, (n) the Chairperson of the University Grants Commission or his nominee from among the members of the University Grants Commission, (o) the Chairman Bar Council of India, (p) the Chairman Gujarat State Law Commission, (r) the Director of Indian Institute of Management Ahmedabad, (s) two members of the Executive Council as are not otherwise members of the General Council, (t) an eminent scholar nominated by the State Government, (u) two distinguished persons to be nominated by the State Government, (v) (i) the Chairman Indian Institute of Legal Studies Society; and (ii) one member to be nominated by the Indian Institute of Legal Studies Society from amongst its members, (w) two Vice-Chancellor of other Universities established by law in the State of Gujarat by rotation to be nominated by the State Government, (x) two distinguished lawyers nominated by the Visitor, (y) two distinguished lawyers nominated by the Chief Justice of the High Court of Gujarat, (z) two distinguished educationalists to be nominated by the Director in consultation with the Visitor: Provided that an employee of the University shall not be eligible for nomination under sub-clauses (x) and (z). ### 14. Term of office of members of General Council. (1) The term of office of the members of the General Council shall be five years. (2) When a person becomes a member of the General Council by virtue of his office he shall cease to be such member if he ceases to hold that office. (3) When a person is nominated as a member of the General Council he shall cease to be such member if his nomination as such is withdrawn by the nominating body or person as the case may be. (4) A member of the General Council shall cease to be a member, if he,- (a) tenders his resignation and such resignation is accepted; or (b) becomes of unsound mind and stands so declared by a competent court; or (c) becomes undischarged insolvent; or (d) has been convicted of an offence involving moral turpitude; or (e) has accepted a full time appointment to the post other than the post of Director in the University. (5) A member of the General Council may, by writing addressed to the Chairman resign his office and such resignation shall take effect on the date it is accepted by the Chairman. (6) Any vacancy in the General Council shall be filed in by nomination of a person by the relevant authority and the person so nominated shall hold office for so long as the member in whose place he is nominated would have held office had the vacancy not occurred. ### 15. Powers of General Council. - The General Council shall have the following powers namely:- (a) to formulate and review the broad polices and programmes of the University and suggest measures for the development of the University; (b) to direct the Executive Council to take such steps as are necessary for achieving the objects of the University, (c) to consider and pass resolution on the annual report financial estimates and audit reports on the accounts of the University; (d) to appoint the Director, (e) to exercise such other powers as it may deem necessary for the performance of functions and the administration of the University. ### 16. Meetings of the General Council. (1) The General Council shall meet at least once in a year. The meetings of the General Council shall be convened by the Director in consultation with the Chairman and the Visitor. (2) The Visitor shall preside over the meeting of the General Council. In the absence of the Visitor, the Chairman shall preside over the meeting and in the absence of the Chairman a member of the General Council nominated by him shall preside. (3) The Director shall cause to be laid before the meeting of the General Council a report of the working of the previous year of the University the annual statement of accounts together with the report of auditors thereon and the budget estimates and the income and expenditure for the next financial year. (4) The meeting of the General Council may be called by the Visitor or by the Chairman either of his own or at the request of not less than ten members of the General Council. (5) The General Council shall meet at such time and place and with such period of notice and shall observe such rules of procedure in regard to transaction of business at its meeting (including the quorum at such meeting) as may be provided by the regulations. (6) If any urgent action is required the Chairman may, with the approval of the majority of the members of the General Council permit the business to be transacted by circulation among the members of the General Council. The report of the action so taken shall be placed before the next meeting of the General Council. ### 17. Executive Council. (1) The Executive Council shall be the chief executive body of the University. (2) The powers of administration and management of the fund and property of the University shall vest in the Executive Council. ### 18. Constitution of the Executive Council. (1) The Executive Council shall consist of the following members, namely:- (a) the Director; (b) a member of the General Council, who is a Judge, nominated by the Visitor; (c) the Chief Secretary to the Government of Gujarat or an officer not below the rank of the Secretary to Government of Gujarat to be nominated by him; (d) the Secretary to the Government of Gujarat, Finance Department; (e) the Secretary to the Government of Gujarat, (Higher Education), Education Department; (f) the Secretary to the Government of Gujarat, Legal Department; (g) a member of the General Council to be nominated by the State Government; (h) a member of the General Council, who is a lawyer to be nominated by the Visitor; (i) a member of the General Council, who is an educationist to be nominated by the Visitor; (j) five Professors or Associate Professors of the University to be nominated by the Director, by rotation. ### 19. Term of office of members of Executive Council. (1) The term of office of members of the Executive Council shall be three years. (2) (a) When a person becomes a member of the Executive Council by virtue of his office, he shall cease to be such member if he ceases to hold his office. (b) When a person is nominated as a member of Executive Council, he shall cease to be such member if his nomination of such membership is withdrawn by the nominating body or person, as the case may be. (c) A member of the Executive Council shall cease to be a member if he,- (i) tenders his resignation and such resignation is accepted; (ii) becomes of unsound mind and stands so declared by a competent Court; or (iii) becomes undischarged insolvent; or (iv) has been convicted of an offence involving moral turpitude; or (other than the Director or member of the faculty) has accepted a full time appointment in the University. (3) A member of the Executive Council may, by writing addressed to the Chairman, resign his office, and such resignation shall take effect on the date it is accepted by the Chairman. (4) Any vacancy in the Executive Council shall be filled in by nomination of a person by the relevant authority entitled to make the same and the person so nominated shall hold office so long as the member in whose place he is nominated would have held office had the vacancy had not occurred. ### 20. Power and functions and Executive Council. - The Executive Council shall have the following powers and perform the following functions, namely:- (1) to submit to the General Council, with its recommendations, the name of persons for appointment as Director suggested by the Search Committee constituted in accordance with the regulations made in this behalf; (2) to appoint Registrar, Librarian, Professors, Associate Professors, Assistant Professors and other members of the teaching staff, as may be necessary, on the recommendations of the Selection Committee: Provided that the Executive Council shall not appoint teachers without considering the recommendation of the Academic Council with regard to numbers, qualifications and emoluments; Provided further that it shall not be necessary for the Executive Council to obtain the recommendation of the Academic Council to appoint a person on the following posts, namely: (a) any supernumerary post; or (b) Professor of eminence. (3) to create administrative and ministerial posts, to determine the number and emoluments of such posts, to specify qualifications for such posts, and to appoint persons to such posts on such terms and conditions of service as may be prescribed by regulations in this behalf, or to delegate the powers of appointment to such authority or officer as the Executive Council may, by resolution, specify either generally or specifically; (4) to grant, the accordance with the regulations, leave other than casual leave to any officer of the University and to make necessary arrangement for the discharge of the functions of such officer during his period of leave; (5) to manage and regulate the finances, accounts, investments, property, business and all other administrative affairs of the University and, for that purpose, to appoint such person or agency as it may think fit; (6) to invest any money belonging to the University, including any unapplied income, in such stock, funds, shares or securities, as it may think fit, or to invest in the purchase of immovable property; (7) to transfer or acquire any movable or immovable property on behalf of the University. (8) to enter into, vary, carry out or cancel contracts on behalf of the University and to appoint such officers as it may think fit for that purpose; (9) to provide buildings, premises, furniture, apparatus and other means required for carrying out the functions of the University; (10) to appoint examiners and moderators, to fix their fees, emoluments all allowances, in consultation with the Academic Council; (11) to select a common seal for the University and to provide for the custody of the seal; and (12) to exercise such other powers and to perform such other duties as may be conferred or imposed on it by or under this Act. ### 21. Meetings of Executive Council. (1) The Executive Council shall meet at least once in four months. (2) The Director or in his absence, any member of the Executive Council nominated by him shall preside over the meeting of the Executive Council. (3) The Executive Council shall meet on notice, at such time and place and with such period of notice and shall observe such rules of procedure in regard to transaction of business at its meeting (including the quorum at such meeting) as may be provided by the regulations. (4) If any urgent action is required, the Director may, with the approval of the majority of the members of the Executive Council, permit the business to be transacted by circulation among the members of the Executive Council. The action so taken as approved by circulation shall be placed before the next meeting of the Executive Council. ### 22. Delegation of powers by Executive Council. - The Executive Council, may, by resolution, delegate to the Director or to a committee, such of its powers as it may deem fit, subject to the condition that the action so taken by the Director or such committee shall be placed at the next meeting of the Executive Council. ### 23. Academic Council. - The Academic Council shall be the academic body of the University. It shall have powers, subject to the provisions of this Act and the regulations, to control, regulate and maintain the standards of instruction, education and examination of the University and advise the Executive Council on academic matters. It shall exercise such other powers, and shall perform such other duties, as may be conferred or imposed upon in by this Act or the regulations. ### 24. Constitution of Academic Council. (1) The Academic Council shall consist of the following members, namely:- (a) the Director, (b) a member of the Bar Council of India to be nominated by the Chairmen of the Bar Council of India; (c) a member of the Bar Council of Gujarat to be nominated by the Chairman of the Bar Council of Gujarat. (d) a member of the law panel of the University Grants Commission to be nominated by the Chairman of the Commission, (e) one Dean of law faculty of any other University established by Law in the State of Gujarat, by rotation to be nominated by the State Government, (f) two distinguished persons (other than employees of the University) teaching law to be nominated by the Director, (g) an eminent jurist to be nominated by the State Government, (h) (i) all Professors of the University; and (ii) a representative each of the Associate Professors and the Assistant Professors of the University. (2) The term of the members shall be three years. ### 25. Powers and functions of Academic Council. - Subject to the provisions of this Act and the regulations, the Academic Council shall have the following powers and perform the following functions, namely:- (1) to report on any matter referred to on delegated to it by the General Council or the Executive Council; (2) to make recommendations to the Executive Council with regard to the creation, abolition or classification of teaching posts in the University and qualifications, emoluments and the duties attached thereto; (3) to formulate, modify or revise schemes for the organisation of the faculties, schools, centres or specialised institutes, and to assign to them their respective subjects and also to report to the Executive Council as to the expediency of the abolition or sub-division of any faculty, school, centre or specialised institute, or the combination of one with another; (4) to make arrangements by regulations for the instruction and examination of persons other than those enrolled in the University; (5) to promote research and to require reports on such research; (6) to consider proposals submitted by the faculties; (7) to recognise diplomas and degrees of other Universities and institutions and to determine their equivalence in relation to the diplomas and degrees of the University; (8) to fix, subject to any conditions laid by the General Council, the time, mode and conditions of competition for fellowships, scholarships and other prizes, and to award the same; (9) to make recommendations to the Executive Council in regard to the appointment of examiners and fixation of their fees, emoluments and travelling and other expenses; (10) to make arrangements for the conduct of examinations and to fix dates for holding such examinations; (11) to declare the result of examinations, or to appoint committees or officers for declaration of such result, and to make recommendations regarding the conferment or grant of degrees, honours, diplomas, certificates, titles and marks of honour; (12) to award stipends, scholarships, medals and prizes and to make other awards in accordance with the regulations and on such conditions as may be attached to the awards; (13) to perform, in relation to academic matters, all such duties and to do all such acts as may be necessary for carrying out the provisions of this Act and the regulations. ### 26. Meetings of Academic Council. (1) The Academic Council shall meet as many times as may be necessary, but at least once in six months; (2) The Director or in his absence any member of the Academic Council nominated by him shall preside over the meeting of the Academic Council; (3) The Academic Council shall meet at such time and place and with such period of notice and shall observe such rules of procedure in regard to transaction of business at its meeting (including the quorum at such meeting) as may be provided by regulations; (4) If any urgent action is required the Director may, with the approval of the majority of the members of the Academic Council, permit the business to be transacted by circulation among the members of the Academic Council. The action so taken as approved by circulation shall be placed before the next meeting of the Academic Council. ### 27. Transitory powers of Director. - Where any authority of the University is not constituted, the Director, with the approval of the Chairman, may discharge all or any of the functions of such authority and, for that purpose, may exercise any power of such authority till such authority is constituted. Chapter IV Committees -------------------------- ### 28. Finance Committee. (1) The Finance Committee shall consist of the following members, namely: (a) the Chairman, (b) the Director, (c) two members to be nominated by the Executive Council from amongst its members, (d) one member to be nominated by the State Government from amongst the members of the Executive Council, who is an officer of the State Government. (2) The term of member of the Finance Committee shall be three years. (3) A member shall cease to be a member of the Finance Committee, if he ceases to be a member of the Executive Council or if he ceases to hold the post of the Chairman. ### 29. Powers and functions of Finance. (1) The Finance Committee shall have the following powers and discharge the following functions, namely: (a) to examine and scrutinise the annual budget of the University and to make recommendations on financial matters to the Executive Council; (b) to consider all proposals for new expenditure and to make recommendations to the Executive Council; (c) to consider the periodical statements of accounts and to review the finances of the University from time to time, to consider re-appropriation statements and audit reports, and to make recommendations thereon to the Executive Council; (d) to give views and to make recommendations to the Executive Council on any financial matters affecting the University, either on its own motion or on reference from the Executive Council or the Director. (2) The Finance Committee shall meet at least once in every six months. Three members of the Finance Committee shall form the quorum for a meeting. (3) The Chairman or in his absence, the Director shall preside over the meetings of the Finance Committee. ### 30. Selection Committee. (1) The Executive Council shall constitute Selection Committees for making recommendations for appointment to posts of Professor, Associate Professor and other teachers of the University. (2) The Selection Committee shall consist of the following members, namely: (a) the Director, (b) the Head of the Department concerned, if any, who is not lower in rank than that of the post for which selection is to be made; (c) (i) where an appointment is to be made by any academic post, three experts nominated by the Director from amongst a panel of names recommended by the Academic Council, (ii) where appointment is to be made to any administrative post, three experts in the fields of the University administration nominated by the Director from amongst a panel of names recommended by the Executive Council. (3) Where an endowment from a donor is accepted by the University for instituting a Chair, the donor may be co-opted as a member of the Selection Committee for the purpose of filling in that post. (4) The meeting of the Selection Committee shall be convened by the Director whenever necessary. The Director or in his absence, a member of Selection Committee nominated by him shall preside over the meeting of the Selection Committee. Three members of the Selection Committee of whom one shall be an expert, shall form the quorum for a meeting of the Committee. ### 31. Standing Committees and ad hoc committees. - Subject to the provisions of this Act and the regulations, the Executive Council may, by resolution, constitute such Standing Committees or appoint ad hoc committees of such persons, for such purposes and with such powers as the Executive Council may think fit for exercising any power or discharging any function of the University or inquiring into and reporting or advising upon, any matter relating to the University. Chapter V Officers of the University ----------------------------------------- ### 32. Officers of the University. - The following shall be the officers of the University- (a) the Director, (b) the Heads of the Departments, Schools and Centres, (c) the Registrar, and (d) such other officers of the University as may be declared by the regulations to be the officers of the University. ### 33. Director. (1) The Director shall be appointed by the General Council after considering the recommendations of the Executive Council and in consultation with the Visitor. (2) The terms and conditions of the appointment of the Director shall be such as may be prescribed by the regulations: Provided that, the first Director shall be appointed by the State Government in consultation with the Chairman. (3) The Director, subject to the specific and general directions of the Executive Council, shall exercise all the powers of the Executive Council for management and administration of the University. (4) The Director shall hold office for a term of five years. He shall be eligible for reappointment for a further term of five years only. (5) The Director shall- (a) ensure that the provisions of this Act and the regulations are duly observed, and he shall have all such powers as are necessary for that purpose; (b) convene the meetings of the General Council, the Executive Council, and the Academic Council and shall perform such other functions as may be necessary to give effect to the provisions of this Act; (c) have all such powers as are necessary for proper maintenance of discipline in the University. (6) When in the opinion of the Director, an emergency requires immediate action, he shall take such action as he deems necessary and shall report the action so taken for confirmation to the next meeting which, in the ordinary course, would have dealt with that matter. ### 34. Head of Departments and Schools. (1) Each of the Departments of the University shall have a Head of the Department. (2) The powers, functions, appointments and the conditions of service of the Heads of Departments shall be such as may be prescribed by the regulations. ### 35. Registrar. (1) The Registrar shall be appointed by the Executive Council and shall be a whole-time officer of the University. (2) The terms and conditions of the appointment of the Registrar shall be such as may be prescribed by the regulations. (3) The Registrar shall be the ex-officio Secretary to the Executive Council and the Finance Committee, but he shall not be considered to be a member of any of these authorities. (4) The Registrar shall- (a) comply with all directions and orders of the Executive Council and the Director, (b) be the custodian of the records, common seal and such other property of the University as the Executive Council may direct, and (c) exercise such powers and perform such functions as may be prescribed by the regulations. (5) When the post of the Registrar is vacant, the Director may authorise any officer of the University to exercise such powers and perform such functions of the Registrar, as he thinks fit. ### 36. Terms and conditions of employees. - The terms and conditions of service (including contract service) and the redressal of grievances relating thereto, of teachers, officers and employees of the University shall be such as may be prescribed by the regulations. ### 37. Insurance, pension and provident fund. - The University shall make provisions for the benefit of its officers, teachers, employees and other servants in such matters as insurance, pension, provident fund or other benefits as it may deem fit, in such manner and subject to such conditions as may be prescribed by the regulations. Chapter VI Finance ----------------------- ### 38. University Fund. (1) The University shall establish a fund to be called the University Fund. (2) The following shall form part of, or be paid into, the University Fund, namely: (a) all contributions or grants made by the State Government, the Central Government, the Bar Council of India, the Bar Council of Gujarat and the University Grants Commission; (b) the income of the University from all sources including income from fees and charges; (c) all income or moneys from trusts, bequests, donations, endowments, subvention and other grants. (3) The University Fund shall, at the discretion of the Executive Council, be kept in a Scheduled Bank as defined in the Reserve Bank of India Act, 1934 (II of 1934), or in a corresponding new bank constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970), and the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980 (40 of 1980), or may be invested in such securities authorized by the Indian Trusts Act, 1882 (2 of 1882). (4) The University Fund may be expended for such purpose of the University and in such manner, as may be prescribed by regulations. ### 39. Annual accounts and financial estimates. (1) The Annual Accounts of the University shall be prepared under the directions of the Executive Council. (2) The Executive Council shall prepare, before such date as may be prescribed by regulations, the annual financial estimates for the ensuing year and place the same before the General Council. (3) Where an expenditure in excess of the amount provided in the budget is required to be incurred, the Executive Council may, for reasons to be recorded in writing, incur expenditure subject to such conditions and restrictions as may be prescribed by the regulations and a report of such excess expenditure shall be made to the General Council at its next meeting. (4) The accounts of the University shall be audited by the auditors appointed by the Executive Council: Provided that, the State Government may, whenever it considers necessary, direct that audit of the accounts of the University, including the institutions managed by it, shall be audited by such auditors as it may specify. (5) The accounts together with the audit report shall be placed before the Executive Council and shall also be submitted to the State Government. (6) The annual accounts and the Financial Estimates shall be considered by the General Council as its annual meeting. The General Council may pass resolutions with reference thereto and communicate the same to the Executive Council, which shall take them into consideration and take such action thereon as it thinks fit. The Executive Council shall inform the General Council at its next meeting of the action taken by it or its reasons for taking no action. ### 40. Annual report. (1) The Executive Council shall prepare the annual report containing such particulars as the General Council may specify, covering each financial year, and shall be submitted to the General Council on or before such date as may be prescribed by regulations. The General Council shall consider such report and may pass resolutions thereon and the Executive Council shall take such action in accordance with the resolution. The action by the Executive Council or if no action is taken, the reasons for taking no action shall be communicated to the General Council at its meeting. (2) The copy of the annual report along with the resolution of the General Council thereon shall be submitted to the State Government. The State Government shall lay the same before the State Legislature at its next session. Chapter VII Enrolment and Degree ------------------------------------- ### 41. Qualification for admission of students. - No student shall be enrolled as a student of the University, unless he possesses such qualifications as may be prescribed by the regulations. ### 42. Residence of students. - A student of the University shall study on such terms and conditions as may be prescribed by the regulations. ### 43. Honorary degree. - The General Council may, on the recommendation of not less than two-thirds of members of the Academic Council, confer by resolution, honorary degree or academic distinction, on a person who has eminent attainment and position. ### 44. Withdrawal of degree or diploma. (1) The General Council may, on the recommendation of the Executive Council, withdraw any distinction, degree, diploma or privilege conferred on, or granted to, any person who has been convicted by a Court of law for an offence involving moral turpitude or if he has been guilty of gross misconduct, by a resolution passed by majority of the total membership of the General Council and by a majority of not less than two-thirds of the members of the General Council present and voting. (2) No action under sub-section (1) shall be taken against any person unless he has been given an opportunity to show cause against the action proposed to be taken. (3) The resolution so passed by the General Council shall take effect immediately and the copy of the same shall be sent to the person concerned. ### 45. Discipline among students. (1) The Director shall be the final authority for maintenance of discipline among the students of the University. The directions given by the Director in this behalf shall be complied with by the Heads of Departments, Schools, Hostels and Institutions. (2) Notwithstanding anything contained in sub-section (1), the Executive Council may, on the report of the Director, impose the punishment of debarring a student from an examination or rustication from the School or a hostel or an institution: Provided that no such punishment shall be imposed without giving the student concerned a reasonable opportunity to show cause against the action proposed to be taken against him. Chapter VIII Supplementary Provisions ------------------------------------------ ### 46. Regulations. (1) The Executive Council may make regulations consistent will the provisions of this Act to provide for the administration and management of the University. (2) The Executive Council shall not make, amend or repeal any regulation affecting all or any of the following matters without the prior concurrence of the Academic Council,- (a) the determination of authorities for organising teaching relating to syllabus and academic programmes; (b) the withdrawal of degrees, diplomas, certificates and other academic distinctions; (c) the establishment and abolition of Faculties, Departments, and specialised schools centres of learning and research, and halls of residence; (d) the institution and award of fellowships, scholarships, studentships, exhibitions, medals and prizes; (e) conditions and modes of appointment of examiners, conduct or standard of examinations and course of study; (f) modes of enrolment or admission of students; (g) examinations of other University to be recognised as equivalent to University examinations. (3) The Academic Council may propose to the Executive Council to make regulations on all or any of the matters specified in Clauses (a) to (g) and matters incidental or related thereto. (4) Where the Executive Council has rejected any regulation proposed by the Academic Council, the Academic Council may appeal to the Visitor, and the Visitor may, by order, direct that the proposed regulation may be laid before the next meeting of the General Council for its approval and that pending such approval of the General Council, such regulation shall have effect form such date as may be specified in the order. Provided that, where the regulation is not approved by the General Council at such meeting, it shall cease to have effect. (5) (i) All regulations made by the Executive Council shall be submitted to the General Council and to the Visitor for approval. (ii) The General Council may, by resolution, approve the regulation. (iii) The Visitor may approve the regulations and the regulations so approved shall remain in force till the date on which it is approved or disapproved by the General Council. ### 47. Execution of contracts. - All contracts relating to the management and administration of the University shall be expressed to be made by the Executive Council and such contracts shall be executed on behalf of the Executive Council by the Director when the value of the contract is more than twenty lakhs of rupees and by the Registrar when its value does not exceed twenty lakhs of rupees. ### 48. Appointment of Review Commission. (1) The Visitor shall, at least once in every five years, constitute a Commission to review the working of the University and to make recommendations. (2) The Commission shall consist of not more than three eminent educationists, one of whom shall be the Chairman of such Commission, appointed by the Visitor in consultation with the State Government. (3) The terms and conditions of appointment of the members shall be such as may be determined by the Visitor. (4) The Commission shall, after holding such enquiry as it deems fit, make its recommendation to the Visitor. (5) The Visitor may take such action on the recommendations as he deems fit. ### 49. Officers and employees to be public servant. - Every Officer and employee of the University shall be deemed to be a public servant within the meaning of Section 21 of the Indian Penal Code (XLV of 1860). ### 50. Proceedings not invalidated by vacancies. - No act or proceedings of any authority of the University or body shall be invalid on the grounds merely of the existence of any vacancy in or any defect in constitution of such authority or body. ### 51. Protection of action taken in good faith. - No suit, shall be instituted against or other legal proceedings shall lie against or no damages shall be claimed from the University, the authority or officer of the University, in respect of anything which is in good faith done or purported to have been done in pursuance of this Act or the regulations. ### 52. Sponsored scheme. - Notwithstanding anything in this Act or the regulations, whenever the University receives funds from any Government, the University Grants Commission or other agencies sponsoring a scheme to be executed by the University,- (a) the amount received shall be kept by the University in a separate account and shall be utilised for the purpose of the scheme only; and (b) the staff required to execute such scheme shall be recruited in accordance with the terms and conditions stipulated by the sponsoring organisation. ### 53. Power to remove difficulties. - If any difficulty arises in giving effect to the provisions of this Act or the regulations, the Visitor or the Director as directed by the Visitor, may, by order or as occasion requires, do anything consistent, so far as may be, with the provisions of this Act and the regulations, which appear to him to be necessary or expedient for the purpose of removing the difficulty. Every such order shall have effect as if such action had been taken under this Act or the regulations: Provided that, no such order shall be made after the expiry of a period of two years from the date of commencement of this Act.
65b92bb7ab84c7eca86e87ed	acts	State of Uttar Pradesh - Act ------------------------------ The U.P. Prohibition of Disposal or Movement of Diesel Generating Sets Order, 1977 ------------------------------------------------------------------------------------ UTTAR PRADESH India The U.P. Prohibition of Disposal or Movement of Diesel Generating Sets Order, 1977 ==================================================================================== Rule THE-U-P-PROHIBITION-OF-DISPOSAL-OR-MOVEMENT-OF-DIESEL-GENERATING-SETS-ORDER-1977 of 1977 ----------------------------------------------------------------------------------------------- * Published on 1 October 1977 * Commenced on 1 October 1977 The U.P. Prohibition of Disposal or Movement of Diesel Generating Sets Order, 1977 Published vide Notification U.P. Gazette, (Extraordinary) , dated 1st October, 1977, pages 2-3, vide Notification No. 5313-P-3-77/23-381-77, dated October 4, 1977 Whereas certain industrial units have installed generating sets in order to meet their requirements and thereby also to relieve wholly or in part pressure on the resources of the Uttar Pradesh State Electricity Board in the supply of electrical energy; And whereas the State Government have also subsidised such industrial units for the purchase of generating sets with the aforesaid object in view. And whereas it is expedient that power generation for the sets referred to above continues unaffected; And whereas the disposal and movement of the sets aforesaid outside the State is likely to affect adversely generation and availability of power in the State; And whereas the State Government are of opinion that it is necessary and expedient so to do, for maintenance and securing the equitable distribution of electrical energy; Now, therefore, in exercise of the powers under sub-section (1) of Section 22-B of the Indian Electricity Act, 1910 (Act XI of 1910), and all other powers enabling him in this behalf the Governor is pleased to make the following orders: ### 1. Short title, extent and commencement. - (i) This Order may be called the Uttar Pradesh Prohibition of Disposal or Movement of Diesel Generating Sets Order, 1977. (ii) It shall extend to the whole of Uttar Pradesh. (iii) It shall come into force at once. ### 2. Definition. - In this Order, 'factor' means a factory defined in the Factories Act, 1948, but does not include a factory in which a manufacturing process is being or is ordinarily carried on with the aid of power. ### 3. Registrations on disposal and dealings in respect of Diesel generating sets. (1) Notwithstanding anything to the contrary contained in any other law for the time being in force or in any contract or agreement to sell or other instrument, no person, shall, on or after the commencement of this Order and for the period during which this Order remains in force, dispose, of dismantle or render ineffective in any other manner any diesel generating set installed in a factory or other industrial establishment without having obtained prior permission of the State Government in this behalf. (2) The State Government may grant the permission referred to in sub-clause (1) where it is of opinion that the resulting hardship to the owner of such factory or other industrial establishment in the event of the permission being declined would be disproportionate to the benefit occurring to the State from the generating capacity of the particular generating set or where the disposal or dismantling is otherwise found to be necessary under compelling circumstances. (3) The provisions contained in clauses (1) and (2) shall apply to every diesel generating set installed in a factory or other industrial establishment whether before or after commencement of this Order.
65b9ff0eab84c7eca86ea6b6	acts	State of Andhra Pradesh - Act ------------------------------- Andhra Pradesh State Prize Chits and Money Circulation Schemes (Banning) Rules, 1979 -------------------------------------------------------------------------------------- ANDHRA PRADESH India Andhra Pradesh State Prize Chits and Money Circulation Schemes (Banning) Rules, 1979 ====================================================================================== Rule ANDHRA-PRADESH-STATE-PRIZE-CHITS-AND-MONEY-CIRCULATION-SCHEMES-BANNING-RULES-1979 of 1979 ------------------------------------------------------------------------------------------------ * Published on 13 July 1979 * Commenced on 13 July 1979 Andhra Pradesh State Prize Chits and Money Circulation Schemes (Banning) Rules, 1979 Published vide G.O.Ms.No. 491, Home (General-B), 13th July, 1979 In exercise of the powers conferred by sub-section (1) of Section 13 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978 (Central Act 43 of 1978), the Governor of Andhra Pradesh in consultation with the Reserve Bank of India hereby makes the following rules namely:- ### 1. Short title and commencement: (1) These rules may be called the Andhra Pradesh State Prize Chits and Money Circulation Schemes (Banning) Rules, 1979. (2) They shall come into force on the 1st day of August, 1979. ### 2. Definitions: - In these rules unless the context otherwise requires,- (a) "Act" means the Prize Chits and Money Circulation Schemes (Banning) Act, 1978 (Central Act No. 43 of 1978); (b) [ "Authorised Officer" means [any Joint Collector in his respective Jurisdiction authorised by State Government in this behalf under Section 12] [Substituted by G.O.Ms.No. 673 Home (Gen.-B) Pub. in A.P. Gazette R.S. to Part II (Extraordinary Dated 5.1.1981.)] ; (c) "Form" means a form specified in the Schedules to these rules; (d) "Office of the Reserve Bank" means the office of the Reserve Bank specified in sub-rule (1) of Rule 4; (e) "Promoter" means a person conducting a Prize Chit or Money Circulation Scheme at the commencement of the Act and desiring to continue such chit or schemes pursuant to sub-section (1) of Section 12 for winding up the business relating to such chit or scheme; (f) "Schedule" means the Schedule to these rules; (g) "Scheme" means a Money Circulation Scheme or as the case may be, a Prize Chit as defined in clauses (c) and (e) respectively of Section 2; (h) "Section" means a section of the Act; (i) "Subscriber" means a subscriber to a Prize Chit or Money Circulation Scheme; (j) Words and expressions used in these rules but not defined shall have the meaning respectively assigned to them in the Act. ### 3. Application for being notified under Section 11: (1) Any charitable or educational institution, desiring to be notified under clause (d) of Section 11 shall make an application in that behalf, in duplicate, to the authorised officer in the Form specified in First Schedule. Two copies of such application shall simultaneously, be forwarded by such institution to the office of the Reserve Bank. (2) The authorised officer shall forward one of the two copies of the application received by him to the State Government with his comments thereon. (3) On receipt of a copy of the application and the comments thereon from the authorised officer, the State Government may, in consultation with the Reserve Bank, notify such institution or refuse to notify such institution having regard to the facts and circumstances of each case. ### 4. Particulars of the Scheme and winding up Plans to be furnished by the Promoter: (1) A statement of particulars of the schemes being conducted as on the date of commencement of the Act together with a detailed plan for the winding up of the business of such schemes shall as required by the first proviso to sub-section (1) of Section 12 be furnished in duplicate by the promoter to the authorised officer on or before the first day of September 1979 in Form 1 of the Second Schedule. Two copies of such statement together with such plan shall simultaneously be forwarded by the promoter to the office of the Reserve Bank Regional Office 10-3-8, Nrupathunga Road, Bangalore - 560002. (2) On receipt of the statement of particulars and winding up plan referred to in sub-rule (1) a written acknowledgement in token of receipt thereof shall be issued by the authorised officer to the promoter. (3) The authorised officer shall maintain or cause to be maintained a register of promoters furnishing the statements of particulars and the winding up plans furnished under sub-rule (1). ### 5. Extension of time for the winding up of the existing Schemes: - If for any reason the promoter is unable to wind up the existing business or the schemes on or before the date specified by him in the winding up plan submitted by him under Rule 4 or such other date as may be approved by the State Government, and is desirous of continuing it for its beneficial winding up beyond the specified date or the approved date as the case may be, he shall not later than 4 months before such specified date in Rule 4 submit to the authorised officer an application in duplicate in Form 11 of the Second Schedule giving full details of such business which needs extension of time, the period for which the extension is sought and the reasons why such business cannot be finally wound up within the said specified date. Two copies of the application shall, simultaneously be forwarded by the promoter to the office of the Reserve Bank. ### 6. Procedure for the Disposal of the plan or Application: (1) On receipt of the application containing the statement of particulars and the winding up plan submitted by the promoter under sub-rule (1) of Rule 4 as the case may be, of the application for the extension of time submitted under Rule 5, the State Government shall cause it to be examined by the authorised officer or such other officer as it may deem fit. (2) On receipt of the comments of such officer and after consulting the Reserve Bank on the application for the winding up of the business of the existing schemes or as the case may be, on the application for extension of time for the winding up of such business the State Government may approve or disapprove the application for the proposed winding up of such business or approve with such modifications as it deems fit and may grant extension of time for such period as may be considered desirable in public interest and subject to such terms and conditions as may be deemed necessary or expedient (including the furnishing of security by the promoter for the repayment of the amounts due to the subscribers to the schemes) refuse to grant extension of time: Provided that no order modifying or rejecting the application containing the winding up plan or modifying or rejecting the application for extension of time for the winding up of the existing schemes shall be passed without giving to the promoter an opportunity of being heard. (3) The State Government shall maintain or cause to be maintained by the authorised officer, a register specifying the particulars such as the names of the promoters, the statements of particulars and winding up plans submitted, the periods for which extension of time have been granted, or the applications for extensions of time which have been rejected. ### 7. Promoter to be informed: - The authorised officer shall intimate to the promoter the particulars of the terms and conditions subject to which the winding up plan has been approved or extension of time granted or its refusal to grant further extension of time. A gist of the modifications, if any, in the winding up plan or the extension of time, if any, granted or rejected shall be notified in the Official Gazette and particulars thereof shall, simultaneously, be advised by the State Government to the office of the Reserve Bank. ### 8. Consequences of the approval of the Plan or grant of extension of time to close the business of the Schemes: - During the period for which a winding up plan has been approved or the extension of time granted to wind up the business of the schemes pursuant to any order passed by the State Government under sub-rule (2) of Rule 6, is in force- (a) the subscribers may remit money to the promoter in accordance with the winding up plan; (b) the promoter may receive monies from the subscribers and may also distribute prizes by way of cash or otherwise to the subscribers in accordance with the winding up plan; and (c) the subscribers may receive monies from the promoters in accordance with the winding up plan due to them under the schemes. ### 9. Refund of monies or subscriptions collected by the promoters: - Where a promoter commits default in furnishing winding up plans as required by sub-rule (1) of the Rule 4, he shall refund within a period of six months from the date of such default the monies and subscriptions collected, till the date of default. First Schedule [See Rule 3] [Form of application to be used by a charitable/educational institution for being notified under clause (d) of Section 11 of the Act] Place: Date: From ...................... ...................... To ...................... ...................... Dear Sir, We, the undersigned Sarvashri .................... and .................. president ............... and Secretary respectively of ............ at do hereby apply in terms of Rule 3 of the A.P. State Prize Chits and Money Circulation Schemes (Banning) Rules, 1979 for the said institution being notified under clause (d) of Section 11 of Prize Chits and Money Circulation Schemes (Banning) Act, 1978 to enable it to promote/conduct the scheme(s). Full particulars regarding the institution, scheme(s) etc., are given in the Statement of particulars forwarded herewith. Yours faithfully (President) (Secretary) For and on behalf of ..............at \Here enter the name of applicant institution. Notes:- (i) Necessary changes regarding the designation etc., of the office bearers may be made whether necessary. Strike out whatever words are not applicable. (ii) This application as well as its enclosures should be forwarded to the authorised officer in duplicate. Two copies each thereof should be forwarded simultaneously to the Deputy Chief Officer, Reserve Bank of India, Department of Non-Banking Companies Regional office ............... 10-3-8, Nrupatunga Road, Bangalore-560002. Statement of Particulars ### 1. Name and address of the charitable/educational institution. ### 2. Constitution i.e., whether incorporated as company/co-operative society or registered (or unregistered) association of individuals (Also state the provision of the Act under which incorporated/registered along with the date of incorporation). ### 3. Name and addresses of the branches/Offices, if any. ### 4. Main objects of the institution (Enclose a copy of the Memorandum and Articles of Association or as the case may be, of the Bye-laws/Rules regulating the activities of the institution). ### 5. Names, occupations and residential addresses of the office bearers of the institution. ### 6. Names of the bankers and their addresses. ### 7. Names of the auditors and their addresses. ### 8. Broad nature of the schemes being conducted or proposed to be conducted (Enclose printed or typewritten copies of the schemes and of the rules governing such schemes). ### 9. Places where the schemes referred to in item 8 are being proposed to be conducted. ### 10. How are the funds collected by the promotion/conduct of the schemes proposed to be utilised? ### 11. Full particulars of each scheme as in the Annexure to this statement. ### 12. Is the income of the institution exempt under any of the sub-sections of Section 10 of the Income Tax Act, 1961? If so, specify the provisions under which the income of the institution is exempt. ### 13. Are the donations, made to the institution recognised for purpose of Section 80, G of the Income Tax Act, 1961 (If so copy of the notifications may be enclosed). ### 14. Names and addresses of the associate institutions, if any. ### 15. Broad nature of the activities of such associate institutions and of the schemes, if any, conducted by such institutions. ### 16. Names, occupations and residential addresses of the office bearers of such associate institutions. I/We solemnly declare that the facts stated herein as also in the Annexure are true to the best of my/our knowledge information and belief. I/We certify that the particulars/information given herein, in so far as they pertain to the books and records of the Here enter the name of the applicant Institution............. have been verified from such books and found to be correct and complete in all respects. Dated this .................. day of ............. 1979 at ............ Signature(s) of the President/Manager/Secretary/Authorised official of the institution. Name(s) Designation (s) Note:(i) if the space given against any of the items is inadequate for furnishing full particulars, the required information should be given in separate sheets indicating the cross references against the relative items of this statement. (ii) A copy each of the latest available audited Balance Sheet and Profit & Loss Account as also a financial statement in the same proforma as on the date of the coming into operation of the Act, duly certified by the auditors should be attached. Annexure (Amount in lakhs of rupees) \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| \| Sl. No. \| Name of the Scheme \| Date of commencement of the Scheme \| Date of maturity of the scheme \| No. of members intended to be enrolled as per the scheme \| No. of members enrolled and actually subscribing. \| \| (1) \| (2) \| (3) \| (4) \| (5) \| (6) \| \| Amount of liability by way of prizes, if any, in cash or kind offered during the currency of the scheme \| Amount actually disbursed by way of prizes \| Outstanding liability on account of disbursement of prizes. \| Are subscribers who win prizes bound to pay subscriptions till maturity of the schemes? \| \| (7) \| (8) \| (9) \| (10) \| \| Does the scheme contemplate refund of the amounts paid by the subscribers to them on maturity of the scheme \| If the reply to the query in item 11 is in the affirmative the amount of t9oall liability under each scheme on its maturity \| Remarks \| \| (11) \| (12) \| (13) \| Notes:- (i) Particulars to be given in this statement should relate to the position as on ....... l2thday of December, 1978 i.e., date of the coming into operation of the Act in the case of the existing schemes, if any. (ii) If any item is not applicable, the letters N.A. should be entered thereunder. (iii) This statement should be authenticated by the authorised officials of the institution and countersigned by its auditors. Second Schedule Form - I [See Rule 4(1) ] [Form for furnishing particulars of the scheme(s) and winding up plan] Place: Date: From ................... ................... To .................... .................... Dear Sir, We, the undersigned, Sarvashri ............. and ............... President and Secretary respectively of the ............ alias forward herewith a statement of particulars in the prescribed form, together with a winding up plan as required by the first proviso to Section 12 (1) of the A.P. State Prize Chits and Money Circulation Schemes (Banning) Act, 1978 read with Rule 4(1) of the Prize Chits and Money Circulation Schemes (Banning) Rules. Please acknowledge receipt. Yours faithfully (....................) President (....................) Secretary For and on behalf' of \(Here enter the name of the applicant institution). Notes: - (i) Necessary changes regarding the designation etc., of the office bearer may be made wherever necessary- (ii) This form as well as its enclosures should be forwarded to the authorised officer in duplicate. Two copies each thereof should be forwarded simultaneously to the Deputy Chief Officer, Reserve Bank of India, Department of Non-Banking Companies ......... Regional Office ........... 10-3-8, Nrupatunga Road. Bangalore-560 002. Statement of Particulars ### 1. Name and address of the company/association of individual/co-operative society partnership/sole proprietorship (Addresses of the Registered as well as the Head Office, Administrative Office, if any, should be given). ### 2. Constitution i.e., whether incorporated as company/co-operative society of registered/ unregistered association of individuals/partnership/sole proprietorship (Also specify the (Here enter the name of the applicant institution). provision of the Act under which incorporated/registered along with the date of incorporation.) ### 3. Names and addresses of the branches/offices if any. ### 4. Main objects of the institution (Enclose a copy of the Memorandum and Articles of Association or as the case may be, of the Bye-laws or Rules regulating the activities of the institution). ### 5. Names, occupations and residential addresses of the directors or as the case may be, of the promoters/ members of the committee of Management partners etc. ### 6. Names and residential addresses of the Chief Executive Officer and two other officers immediately next to him, in the managerial set-up. ### 7. Names of the bankers and their addresses. ### 8. Names of the auditors and their addresses. ### 9. Broad nature of the schemes conducted (Enclose printed or type written copies of the schemes and of the rules governing such schemes). ### 10. Places where the schemes referred to in item 9 are being conducted. ### 11. Full particulars of each scheme as in the Annexure to this Statement. ### 12. Names and addresses of the associate companies/co-operative societies/associations of individuals/partnership/sole proprietorship. ### 13. Names, occupations and residential addresses of the directors or as the case may be, of the promoters/members of the committee of management etc., of the institution referred to in item 12. ### 14. Broad nature of the types of business done by them and/or of the schemes conducted by them. ### 15. Detailed plan for the winding up of the existing business of the schemes. I/We solemnly declare that the facts stated herein as also in the Annexure are true to the best of my/our knowledge, information and belief. I/We certify that the particulars/information given herein so far as they ............. ........................ ............ have been verified from such books and records and found to be correct and complete in all respects. Dated this ............. day of ........................19 \*(Here enter the name of the applicant institution). Signatures of the Chairman/Managing Director/Manager/Partner(s) Authorised Official (s) Name (s) Designation (s) Notes:(i) If the space against any of the items is inadequate for furnishing full particulars, the required information should be given in separate sheets indicating the cross references against the relative items of this statement. (ii) A copy of each of the latest available audited Balance Sheet and Profit and Loss Account as also a Financial Statement in the same proforma as on the coming into operation of the Act duly certified by the auditors, should be attached. (iii) As regards item 15 above, a cash flow statement for every six monthly-period commencing from the date of this statement indicating the total amounts expected to be recovered and disbursed to the prize winners and to the subscribers of the schemes by way of advance and/or refunds (to the subscribers in the terminated schemes) should be furnished. It should be ensured that the cash flow statements are drawn upon a realistic basis having regard to the past experience and indicating the factors which have been taken into account in arriving at the estimated amounts of recoveries and disbursements. The broad criteria/rules, if any, followed in determining the quantum of the loans advanced, to be advanced to the subscribers, the periods generally stipulated for their repayment and the nature of securities obtained at the time of the loans should be indicated. Annexure (Amounts in lakhs Rupees) Part I -------- Particulars of the Schemes \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| Sl. No. \| Name of the Scheme \| Date of commencement \| Date of maturity \| \| (1) \| (2) \| (3) \| (4) \| \| 1.2.3. \| \| \| \| \| No. of members contemplated to be enrolled as per the scheme \| No. of subscribers enrolled and actually subscribing \| Amount of subscription collected \| Amount of subscription forfeited \| \| (5) \| (6) \| (7) \| (8) \| \| Amount of subscription refunded to the subscribers \| Amount by way of prize s in cash or king offered during the currency of the scheme. \| Amount actually disbursed by way of prizes \| Amount of outstanding liability on prizes. \| \| (9) \| (10) \| (11) \| (12) \| \| Are the subscribers who win prizes bound pay subscription till the maturity of the scheme? \| Total amount of liability under each scheme on maturity i.e., amount refundable to the subscribers. \| \| (13) \| (14) \| \| 1.2.3. \| \| \| Whether any amounts have be advanced to persons other other than subscribers \| No. \| Amount \| Mode of utilisation of excess funds if any. \| Remarks \| \| (15) \| (15A) \| (15B) \| (16) \| (17) \| Part II --------- Particulars of the advances \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| Sl. No. \| No. of subscribers and the amount disbursed to them as loans \| No. of subscribers who have not availed of loans \| No. and amount of loans availed of by the directors, members of the committee of management/partners etc., and the associate companies/concerns In which they are interest. \| Remarks \| \| (1) \| (2) \| (3) \| (4) \| (5) \| \| No. \| Amount \| No. \| Amount \| \| (2A) \| (2B) \| (4A) \| (4B) \| \| 1.2.3. \| \| Etc., \| \| Notes: (i) Particulars to be given in both parts of this statement should relate to the position as on the 12th day of December. 1978 i.e., the date of coming into operation of the Act. (ii) The related particulars should be given scheme-wise in Part-1 and the same serial order in Part II. (iii) If any item is not applicable, the letters N.A. should be entered thereunder. (iv) In regard to item 4 of Part H, further particulars about the advances to directors etc., should be given in a separate sheet in the following proforma. \| \| \| \| \| --- \| --- \| --- \| \| Name of the directors/committee/members partners etc. \| Date and amount of original advance \| Amount of advance outstanding \| \| (1) \| (2) \| (3) \| \| Date \| Amount \| \| (2A) \| (2B) \| \| Date and amount of Loans advanced to associate companies/concerns in which such director/committee member is interested \| Rate of interest charged \| Remarks \| \| (4) \| (5) \| (6) \| \| Date \| Amount \| \| (4A) \| (4B) \| Form-II [See Rule 5] Form of application to be used for seeking extension of time for the winding up the business of the existing schemes Place : Date : From: ................... ................... To ................... .................... Dear Sir, Please refer to our letter dated the ............... day of .............. 1979 forwarding a statement of particulars in the prescribed form together with a winding up plan as required by the first proviso to Section 12(1) of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978. Due to the various reasons listed in Annexure-I and circumstances beyond our control, we shall not be in a position to wind up the remaining schemes within the time specified in the winding up plan submitted by us earlier. Full details of the business in respect of which extension of time is necessary are given in Annexure II. We shall, therefore, be glad if an extension of time for a period of ............. months is granted for winding up of the business of the existing schemes, as a special case. We undertake to wind up the business within the extended period. ### 2. In order to ensure that the dues of the subscribers are repaid in full within the extended time, we offer the following securities:- (a) (b) (c) (d) etc., ### 3. We shall be glad to have your approval in the matter at an early date. Yours faithfully, (.......................) Designation. For and on behalf of Note: (a) The statement containing the details of the business in respect of which extension of time is sought should be given in the same tabulated statement as the Annexure to Form I and should relate to the position obtaining as on the date not earlier than one month from the date of this application. The statement should be duly certified by the auditors as reflecting the position as available from the books and records of the applicant institution and found to be correct and complete in all respects. (b) Under items (a) or (b) or (c). etc. paragraph 2, the nature of the securities offered such as immovable properties or other marketable securities their estimated value etc., duly certified by the auditors/expert valuers should be given. The fact that the proposed lodgers of the securities have a clear title and that the securities are not encumbered in any manner should be duly certified by the legal advisers of the applicant institution. (c) This application as well as its enclosures should be forwarded to the authorised officer in duplicate. Two copies each thereof should be forwarded simultaneously to the Deputy Chief Officer, Reserve Bank of India, Department of Non Banking Companies ............... Regional Office .............. 10-3-8. Nrupatunga Road, Bangalore 560002. Notification Authorisation of certain powers to Joint Collectors under the Prize Chits and Money Circulation Schemes Banning Act, 1978 and Amendment to the A.P. State Prize Chits and Money Circulation Schemes (Banning) Rules, 1979 [R.S to Part II (Extraordinary) A.P. Dated 5.1.1981.] [G.O.Ms.No. 673, Home (General-B), 30th December 1980] ### 1. Under sub-section(1) of Section 12 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978 (Central Act 43 of 1978) and in supersession of the orders issued in Notification No.II appended to G.O.Ms.No.491, Home (General-B) Department, dated the 13th July, 1979 the Governor of Andhra Pradesh, in consultation with the Reserve Bank of India, hereby authorises the Joint Collectors in their respective jurisdiction for the purposes of first proviso to sub-section(1) of Section 12 of the said Act. ### 2. Amendment to Rules : Carried in appropriate rules. Investigation of Case Against M/s. Amway India Enterprises [G.O. Ms. No. 178 Home (General-B) 15th September, 2008] [Published in A.P. Gazette Part-I, Extraordinary No. 557, Dated 24.9.2008.] In exercise of the powers conferred under section 8 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978 (Central Act No. 43 of 1978), the Government of A.P. hereby notifies that the "Amway India Enterprises" is hereby restrained from publishing any material/advertisements containing such material connected with any Prize Chit of Money Circulation Scheme, promoted or conducted in contravention of the provisions of the Act, and declare every copy of the News paper and every copy of the publication containing such material or the advertisement to be forfeited to the State Government of A.P.
65b97a70ab84c7eca86e92b2	acts	State of Punjab - Act ----------------------- The Punjab Shops and Commercial Establishments Act, 1958 ---------------------------------------------------------- PUNJAB India The Punjab Shops and Commercial Establishments Act, 1958 ========================================================== Act 15 of 1958 ---------------- * Published on 25 April 1958 * Commenced on 25 April 1958 The Punjab Shops and Commercial Establishments Act, 1958 Punjab Act No. 15 of 1958 Statement of objects and reasons. - "Most of the provisions of the Punjab Trade Employees Act, 1940, have become obsolete because no amendments have been made therein since 1943, although labour conditions have radically changed during this period. Many of its provisions have been found by experience to be notifications issued under the Act in the Joint Punjab have not been made available by the West Punjab Government with the result that smooth working of the Act becomes difficult. Government is sometimes placed in an embarrassing position for lack of records. There is a growing demand by the employees working in shops and commercial establishments for amelioration of their working conditions. It is, therefore, desirable to make comprehensive amendments in the Punjab Trade Employees Act, 1940. Accordingly it has been decided to repeal it and to enact a new legislation in its place. Punjab Government Gazette Extraordinary, dated the 25th October, 1957. Received the assent of the President on the 25th April, 1958, and first published in the Punjab Government Gazette (Extraordinary) of the 1st May, 1958. An Act to provide for the regulation of conditions of work and employment in shops and commercial establishments. Be it enacted by the Legislature of the State of Punjab in the Ninth Year of the Republic of India as follows : ### 1. Short title, extent, commencement and application. (1) This Act may be called the Punjab Shops and Commercial Establishments Act, 1958. (2) It extends to the whole of the State of Punjab. (3) [ It shall come into force on such date as Government may, by notification in the official Gazette, appoint in this behalf.] [The Act came into force on 1.6.58 vide Government Notification No. 4607-C-Lab- 58/4451 dated 3.5.58.] (4) It shall apply in the first instance to the areas specified in the Schedule, but Government may by notification direct that it shall also apply to such other area and on such date as may be specified in the notification. ### 2. Definitions. (1) In this Act, unless the context otherwise requires, - (i) "closed" means not open for the service of any customer or for any other purpose whatsoever relating to business; (ii) "close day" means the day of the week on which a shop or commercial establishment remains closed; (iii) "closing hour" means the hour at which a shop or commercial establishment closes; (iv) "commercial establishment" means any premises wherein, any business, trade or profession is carried on for profit, and includes journalistic or printing establishment and premises in which business of banking, insurance, stocks and shares, brokerage or produce exchange is carried on or which is used as hotel, restaurant, boarding or eating-house, theatre, cinema or other place of public entertainment or any other place which the Government may declare, by notification in the official Gazette, to be a commercial establishment for the purposes of this Act; (v) "day" means the period of twenty-four hours beginning at mid- night : Provided that in the case of any employee whose hours of work extend beyond mid-night, day means the period of twenty-four hours beginning from the time when such employment commences; (vi) "employee" means a person wholly or principally employed in, or in connection with, an establishment, whether working on permanent, periodical, contract or piece-rate wages or on commission basis even though he receives no reward for his labour, but does not include a member of the employer's family; (vii) "employer" means a person having charge of or owning or having, ultimate control over the affairs of an establishment and includes member of the family of an employer, a manager, agent or other person acting in the general management or control of the establishment; (viii) "establishment" means a shop or a commercial establishment; (ix) "factory" has the meaning assigned to it in the Factories Act, 1948; (x) "family" in relation to an employer, means - (i) spouse; (ii) children and step-children; and (iii) parents, sisters and brothers if residing with and wholly dependent upon him; (xi) "festival" means any festival which Government may, by [notification, declare to be a festival for the purpose of this Act;] [See Punjab Government Notification No. 6089/5544-C-Lab-58/17633, dated the 1st June, 1968, Punjab Government Gazette (Extraordinary) , 1958, page 1067.] (xii) "Government" means the Punjab Government; (xiii) "hours of work" or "working hours" means the time during which the persons employed are at the disposal of the employer exclusive of any interval allowed for rest and meals; (xiv) "Inspector" means an Inspector appointed under this Act; (xv) "leave" means leave provided for in section 14; (xvi) "manager", in relation to an establishment where five or more persons are employed or an establishment whose owner does not ordinarily carry on the business personally, means a person declared as such by the employer in the prescribed manner; (xvii) "night" means a period of at least twelve consecutive hours which shall include the interval between 8 p.m. and 6 a.m. (xviii) ["opened" in relation to a shop or commercial establishment whose entrance is the only entrance to the residence, means opened for the service of any customer or for any business connected with the establishment;] [Substituted by Punjab Act No. 1 of 1964, section 2.] (xix) "opening hour" means the hour at which an establishment opens; (xx) "prescribed"means prescribed by rules made under this Act; (xxi) "prescribed authority" means the authority prescribed under the rules made under this Act; [(xxi-a) "quarter" means a period of three months commencing on the first day of January, first day of April, first day of July and first day of October, every year;] [New clause (xxi-a) inserted by Punjab Act No. 1 of 1964, section 2.] (xxii) "retail trade or business" includes the business of a barber or hair-dresser, the sale of refreshments or intoxicating liquors, and retail sales by auction; (xxiii) "register of establishments" means a register maintained for the registration of establishments under this Act; (xxiv) "registration certificate" means a certificate showing the registration of an establishment; (xxv) "shop" means any premises where any trade or business is carried on or where services are rendered to customers and includes offices, store-rooms, [godowns, sale depots or warehouses] [Substituted for the words 'godowns or warehouses' by Punjab Act No. 1 of 1964, section 2.] , whether in the same premises or otherwise, used in connection with such trade or business but does not include a commercial establishment or a shop attached to a factory where the persons employed in the shop are allowed the benefits provided for workers under the Factories Act, 1948 (LXIII of 1948); (xxvi) "spread over" means the period between the commencement and the termination of work of an employee on any day; (xxvii) "wages" shall have the meaning assigned to it in the Payment of Wages Act, 1936 (IV of 1936); (xxviii) "wage period" means the period after which the wages of an employed person shall be paid; (xxix) "week" means the period between midnight on Saturday and midnight on the following Saturday; (xxx) "young person" means a person who has attained the age of fourteen but has not attained the age of eighteen years; and (xxxi) "year" means a year commencing on the first day of April. (2) For the purposes of this Act, any employment in the service of the employer of an establishment upon any work, whether within the establishment or outside it, which relates to or is connected with or is ancillary to the business carried on at the establishment shall be deemed to be employment about the business of the establishment. ### 3. Act not applicable to certain establishments and persons. - Nothing in this Act shall apply to - (a) offices of or under the Central or State Governments (except commercial undertakings), the Reserve Bank of India, any railway administration or any local authority; (b) any railway service, air service, water transport service, tramway, postal, telegraph or telephone service, any system of public conservancy or sanitation or any industry, business or undertaking which supplies power, light or water to the public; (c) railway dining cars; (d) offices of lawyers; (e) any person employed about the business of any establishment mentioned in paragraphs (a) and (d) aforesaid; (f) any person whose hours of employment are regulated by or under the Factories Act, 1948, except the provisions of sub-sections (3), (4) and (5) of section 7 of this Act in so far as they relate to employment in a factory; (g) any person whose work is inherently intermittent. (h) [ establishments of stamp vendors and petition writers.] [Clause (h) , added by Punjab Act No. 1 of 1964, section 3.] ### 4. Provisions of sections 9 and 10 not applicable to certain establishments. - [(1) ] [Section 4 renumbered as sub-section (1) thereof by Punjab Act No. 1 of 1964, Section 4.] Nothing in [section 9 and sub-section (1) of section 10] [Substituted for the words and figures 'sections 9 and 10' by Punjab Act No. 1 of 1964, section 3.] , shall apply to - (a) clubs, hotels, boarding-houses, stalls and refreshment rooms at the railway stations; (b) shops of barbers and hair-dressers; (c) [ establishments dealing exclusively in meat, fish, confectionery, poultry, eggs, dairy produce (except ghee), bread, sweets, chocolates, ice, ice-cream, cooked food, fresh fruit, flowers or vegetables;] [Substituted for clause (c) by Punjab Act No. 1 of 1964, section 3.] (d) shops dealing [exclusively] [Substituted for the word 'mainly' by Punjab Act No. 1 of 1964, section 3.] in medicines or medical or surgical requisites or appliances and establishments for the treatment or care of the sick, infirm, destitute or mentally unfit; (e) shops dealing in articles required for funerals, burials or cremation; (f) [Shops dealing exclusively in] [Substituted for the words 'shops dealing in' by Punjab Act No. 1 of 1964, Section 4.] pans (betel leaves), biris or cigarettes, or liquid refreshments sold in retail for consumption on the premises; (g) [Shops dealing exclusively in] [Substituted for the words 'shops dealing in' by Punjab Act No. 1 of 1964, section 4.] newspapers or periodicals; editing and dispatching sections of the newspaper offices and offices of the news agencies; (h) [ places of public entertainment except cinema houses;] [Substituted for clause (h) by Punjab Act No. 1 of 1964, section 4.] (i) establishments for the retail sale of petrol and petroleum products used for transport; (j) shops in regimental institutes, garrison shops and troop canteens in cantonments; (k) tanneries; (l) [establishments engaged in] [Added by Punjab Act No. 1 of 1964, Section 4.] retail trade carried on at an exhibition or show, if such retail trade is subsidiary or ancillary only to the main purpose of the exhibition or show; (m) oil mills not registered under the Factories Act, 1948; (n) brick and lime kilns; (o) commercial establishments engaged in the manufacture of bronze and brass utensils so far as it is confined to the process of melting in furnaces. [\\\\\\] [The word 'and' omitted by Punjab Act No. 1 of 1964, section 4.] ; (p) [ saltpetre refineries; [Substituted for clause (p) by Punjab Act No. 1 of 1964, section 4.] (q) establishments of commercial colleges of short-hand or typewriting and other educational academies; (r) booking offices of the passenger and goods transport companies; (s) establishments dealing exclusive in green and dry fodder and chaff- cutting; and (t) cycle stands, and cycle repairs shops.] (2) [ Nothing in sub-section (1) of section 10 apply to - [Sub-section (2) added by Punjab Act No. 1 of 1964, section 4.] (i) establishments of cinema houses; (ii) establishments dealing in hides and skins; (iii) ice factories; (iv) establishments engaged exclusively in repairs of cycles or motor vehicles or the service of motor vehicles (not being an establishment dealing in cycles or motor vehicles or exclusively in spare parts thereof); (v) establishments dealing exclusively in providing on hire tents, chhauldaries and other articles such as crockery, furniture, loud-speakers, gas lights and fans required for ceremonial purposes; and (vi) establishments dealing exclusively in the retail sale of phullian, murmara, sugar-coated gram, reories or other similar commodities.] ### 5. Power of Government to extend the provisions of Act. (1) Notwithstanding anything contained in section 3 or section 4, Government may by notification declare that any class of establishments or persons specified therein shall not be exempt from the operation of such provisions of this Act as may be specified in the notification and that the provisions of this Act specified in such notification shall apply to such class of establishments or persons as the case may be. (2) Every notification made under sub-section (1) shall as soon as possible after it is made, be laid before[-] [The words 'both houses of' omitted by Adaptation of Punjab Laws Order, 1970.] the State Legislature. ### 6. Conditions of employment for young persons. (1) The total number of hours worked by a young person employed about the business of an establishment, exclusive of interval for meals and rest, shall not exceed thirty hours in any one week or five hours in any one day. (2) A young person employed about the business of an establishment shall not be employed continuously for more than three hours without an interval of at least half an hour for a meal or rest. (3) Government may prescribe further conditions in respect of the employment of young persons employed about the business of establishments or any class of them, including, if it thinks fit, conditions with respect to the daily period of employment of those persons, and no such person shall be employed otherwise than in accordance with those conditions. (4) In the case of any contravention of, or failure to comply with, the provisions of this section, the employer shall be liable, on conviction, to a fine which shall not be less than fifty rupees but which may extend to two hundred rupees. (5) Where, in proceedings for an offence under this section, the person in respect of whom the offence was committed was a young person, and he appears to the court to have been at the date of the commission of the offence a young person, he shall, for the purposes of this Act, be presumed at that date to have been a young person unless the contrary is proved. ### 7. Hours of employment. (1) Subject to the provisions of this Act, no person shall be employed about the business of an establishment for more than forty-eight hours in any one week and nine hours in any one day. (2) On occasions of seasonal or exceptional pressure of work a person employed in an establishment may be employed about the business of the establishment in excess of the working hours specified in sub-section (1) : Provided that - (a) the total number of overtime hours worked by an employee does not exceed fifty within a period of [any one quarter] [Substituted for the words 'three months' by Punjab Act No. 1 of 1964 section 5.] ; and (b) the person employed overtime shall be paid remuneration at twice the rate of his normal wages calculated by the hour. Explanation. - "Normal Wages" for the purposes of proviso (b) means basic wages plus such allowances including the cash equivalent of the advantages accruing through the concessional sale to workers of food grains and other articles as the worker is for the time being entitled to, but does not include bonus. (3) No employer shall, on any day or in any week, employ about the business of the establishment any person who has been previously employed on that day or in that week in another establishment or a factory for a longer period than shall, together with the time during which he has been previously employed on that day or in that week in such other establishment or factory, exceed the number of hours permitted by this Act. (4) In any proceedings against the employer of the establishment for a contravention of the provisions of sub-section (3), it shall be a defence to prove that the employer did not know and could not with reasonable diligence ascertain that the person was previously employed by the employer of the other establishment or factory. (5) No person shall work about the business of an establishment or two or more establishments or an establishment and a factory in excess of the period during which he may be lawfully employed under this Act. ### 8. Intervals for rest or meals. - [(1) Subject to the provisions of section 6, no employee, except a chaukidar, watchman or guard, shall be allowed to work in an establishment for more than five hours before he has had an interval for rest of at least half an hour : Provided that Government may by notification fix such interval for rest in respect of any class of establishments for the whole of the State or any part thereof as it may consider necessary.] [Substituted by Punjab Act No. 1 of 1964.] (2) The period of work of an employee in an establishment shall be so fixed that, inclusive of his interval for rest, the spread over shall not be more than ten hours in a day. ### 9. [ Opening and closing hours. [Section 9 as amended Punjab by Act No. 25 of 1958, substituted by Punjab Act No. 1 of 1964, section 7.] - Government shall by notification fix the opening and closing hours of all classes of establishments, and different opening and closing hours may be fixed for different classes of establishments and for different areas: Provided that Government may allow an establishment attached to a factory to observe such opening and closing hours as the Government may direct.] ### 10. Close day. (1) Save as otherwise provided by this Act, every establishment shall remain closed on every Sunday : Provided that, in the case of an establishment attached to a factory the employer may substitute the close day of such establishment so as to correspond to the substituted close day of the factory in the same manner and subject to the same conditions as are laid down in this behalf in the Factories Act, 1948 : [Provided further that Government may by notification fix any other day to be the close day in respect of any class of establishments for the whole of the State or any part thereof.] [Second Proviso added by Punjab Act No. 1 of 1964, section 9.] (2) (i) The employer of an establishment shall in the prescribed form intimate to the prescribed authority the [the working hours, the day in a week referred to in clause (b) of section 11] [Substituted for the words 'working hours' by Punjab Act No. 1 of 1964, section 8.] , and the period of interval of the employed persons within fifteen days of the date of registration of the establishment. (ii) The employer of an establishment may change the working hours and the period of interval once in a quarter of the year by giving intimation in the prescribed form to the prescribed authority at least fifteen days before the change is to take place. (3) Notwithstanding anything contained in sub-section (1), the employer of an establishment may open his establishment on the close day if - (a) such day happens to coincide with a festival; and (b) employees required to work on that day are paid remuneration at double the rate of their normal wages calculated by the hour. ### 11. Employees off day in a week. - No employee shall be allowed or required to work - (a) on a close day, in any establishment which is required to observe a close day; and (b) on one day in a week, in any other establishment; (c) [ before the opening hour of the establishment and after the closing hour of the establishment :] [Clause (c) added by Punjab Act No. 1 of 1964, section 9.] Provided that a watchman may be allowed or required to work on an off day under this section if he is allowed another off day in the week. ### 12. [ Holidays. [Substituted by Punjab Act No. 1 of 1964, section 9.] - Every employee in an establishment shall be allowed - (a) a holiday with wages on the Independence Day, Republic Day and Mahatma Gandhi's Birthday; and (b) three other holidays with wages in a year in connection with such festivals as Government may declare from time to time by notification : Provided that an employee required to work on any such holiday shall be paid remuneration at double the rate of his normal wages calculated by the hour.] ### 13. Registration of establishments. (1) Within the period specified in sub-section (3), the employer of every establishment shall send to the prescribed authority concerned a statement in the prescribed form containing - (a) the name of the employer and the manager, if any; (b) postal address of the establishment; (c) the name, if any, of the establishment; (d) number of persons employed; (e) such other particulars as may be prescribed; (2) (i) On receipt of the statement, the authority shall, on being satisfied about the correctness of the statement, register the establishment in the register of establishments in such a manner as may be prescribed and shall issue in a prescribed form a registration certificate to the employer. The registration certificate shall, on demand by the Inspector, be shown to him by the employer. (ii) The registration certificate shall be renewable by the 31st March every year. Thirty days' grace time shall, however, be allowed for the renewal of the certificate. (3) Within thirty days from the date mentioned in column 2 below in respect of the establishment in column 1, the statement shall be sent to the prescribed authority under sub-section (1). \| \| \| \| --- \| --- \| \| Establishment \| Date from which the period of 30 days is to commence. \| \| (1) \| (2) \| \| (i) Establishments existing in areas to which this Act applies or where this Act is extended. \| The date on which the Act comes into force or the date on which the Act is extended, as the case may be. \| \| (ii) New establishments in such areas. \| The date on which the establishment commences its work. \| (4) It shall be the duty of the employer to notify to the prescribed authority in the prescribed form any change in respect of any information contained in his statement under this section within seven days after the change has taken place. The authority shall on receiving such notice and on being satisfied about its correctness, make the change in the register of establishments in accordance with such notice and shall amend the registration certificate, if necessary. (5) The employer shall, within ten days of his closing the establishment, notify to the prescribed authority in writing accordingly. The authority shall, on receiving the information and being satisfied about the correctness, remove the name of such establishment from the register of establishments and cancel the registration certificate. ### 14. Leave. (1) [(a) Every employee who has been in employment for not less than twenty days in a year shall be entitled to one day's earned leave for every such twenty days : Provided that a young person shall be entitled to one day's earned leave for every fifteen days of employment during the year.] [Substituted by Punjab Act No. 1 of 1964, section 11.] (b) If an employee is discharged or dismissed from or leaves service during the course of the year he shall be entitled to leave with wages or wage in lieu of unavailed leave at the rates laid down in clause (a) [-] [The words 'even if he has not worked for the entire period specified in the said clause entitling him to earned leave' omitted by Punjab Act No. 1 of 1964, section 11.] (c) In calculating leave under this section, fraction of half a day or more shall be treated as one day's leave and fraction of less than half a day shall be ignored. (d) If an employee does not in any one year take the whole of the leave allowed to him under clause (a), any leave not taken by him shall be added to the leave to be allowed to him in the succeeding year : Provided that - (i) subject to any specific agreement between the employer and the employee the total number of days of leave that may be carried forward to a succeeding year shall not exceed forty in the case of a young person or thirty in any other case; (ii) the provisions of this section shall not operate to the prejudice of any rights to which an employee may be entitled under any other law or under the terms of any award, agreement or contract of service; (iii) where such award, agreement or contract of service provides for a longer leave with wages or weekly holidays than those provided under this section, the employee shall be entitled to only such longer leave or weekly holidays as the case may be. (2) Leave provided in clause (a) of sub-section (1), shall, when applied for, be granted except for a valid reason to be communicated in writing by the employer to the employee within fifteen days of the application : Provided that the leave so refused shall, if applied for again, be allowed during the year. (3) (a) For the purpose of computing the period during which an employee has been in employment within the meaning of sub-section (1) (a), the period during which he was on leave [under this section and the off days in a week referred to in section 11] [Substituted for the words 'under this section' by Punjab Act No. 1 of 1964, section 11.] , shall be included. (b) The unavailed leave of an employee shall not be taken into consideration in computing the period of any notice required to be given before discharge, removal or dismissal. (4) [ Notwithstanding anything contained in the foregoing sub-sections, every employee in an establishment shall be allowed with wages seven days casual leave and seven days sick leave in a year.] [Substituted by Punjab Act No. 1 of 1964, section 11.] ### 15. Wages for close days and during leave period. - [(1) Any person employed in or about an establishment for a period of fifteen days or more shall receive, for every off day in a week referred to in section 11, wages at the rate of not less than the average daily wages earned by him for the days on which he worked during the week immediately preceding every such off day.] [Substituted by Punjab Act No. 1 of 1964, section 12.] (2) For the leave allowed to him under section 14, an employee shall be paid at the rate of equal to the daily average of his total full time earnings for the days on which he worked during the month immediately preceding his leave, exclusive of any overtime and bonus but inclusive of dearness allowance and the cash equivalent of the advantage accruing through the concessional sale to the employee of food grains and other articles. (3) An employee who has been allowed leave for not less than five days in the case of a young person and four days in any other case shall, on demand before his leave begins, be paid the wages due for the period of leave allowed. ### 16. Wage Period. (1) Every person responsible for the payment of wages to an employee shall fix a period in respect of which such wages shall be payable. (2) No wage period shall exceed one month. (3) The wages of every person employed shall be paid before the expiry of the seventh day from the date on which the wages became due. (4) Where the employment of any person is terminated by or on behalf of the employer the wages earned by him and the remuneration in lieu of unavailed period of due leave shall be paid before the expiry of the second working day after such termination and where an employee quits his employment on or before the next pay day: Provided that no claim under this section shall be entertained unless it is preferred within six months from the date of its accruing except under special circumstances at the discretion of the Chief Inspector of Shops and Commercial Establishments, Punjab ### 17. Deduction from wages. - The wages of an employee shall be paid to him without deductions of any kind except those authorised by or under the Payment of Wages Act, 1936 in so far as such deductions are applicable to the employee and in such manner, to such extent and subject to such conditions as are specified in that Act. ### 18. Relisation of compensation. (1) In case of contravention of the provisions of section 16, if a [Judicial Magistrate] Substituted for the word 'Magistrate' by Punjab Act [25 of 1964 .] is satisfied that the employee has not been paid his due wages, he shall direct the employer to pay the wages along with compensation not exceeding eight times the amount of wages withheld. (2) The amount of wages withheld and compensation payable under this section shall for the purposes of its recovery be deemed to be a fine imposed under this Act in addition to the penalty imposed under section 26 and shall be realised as such. ### 19. Enforcement and inspection. (1) Government may, by notification, appoint such persons or such class of persons as it thinks fit to be inspecting officers for the purposes of this Act within such local limits as it may assign to them, respectively. (2) Subject to any rules made by Government in this behalf, an inspecting officer may, within the local limits for which he is appointed - (a) enter at all reasonable times and with such assistants, if any, being persons in the service of Government or of any local authority as he thinks fit, any place which is or which he has reason to believe to be an establishment; (b) make such examination of the premises and of any prescribed registers, records and notices and take on the spot or otherwise evidence of any person as he may deem necessary for carrying out purposes of this Act; (c) exercise such other powers as may be necessary for carrying out the purposes of this Act : Provided that no one shall be required under this section to answer any question or give any evidence tending to incriminate him. (3) Every inspecting officer appointed under this section shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code. ### 20. Records. (1) The employer of every establishment shall in the prescribed form and manner, keep exhibited in the establishment a notice setting forth the close day, the working hours and the period of interval of employed persons, if any, and such other particulars as may be prescribed. (2) The employer of any establishment, about the business of which persons are employed, shall in the prescribed form and manner, keep a record of the working hours, rest intervals and the amount of leave taken by every person employed about the business of an establishment and particulars of all overtime employment shall be separately entered in the record. [-] [The words 'such entries for the day shall be made while the employee is at the disposal of the employer' omitted by Punjab Act No. 1 of 1964, section 13.] (2A) [ The employer of every establishment, about the business of which persons are employed, shall mark the attendance of every employee in the register maintained for the purpose within one hour of the start of duty and in the case of overtime every entry regarding the commencement or closure of overtime shall respectively be made before or after such commencement or closure.] [Inserted by Punjab Act No. 1 of 1964, section 13.] (3) The employer of every establishment shall keep a photograph of each employee who has completed three months continuous service in the establishment : Provided that where such employee fails to supply such photograph to the employer within fifteen days of the completion of such service, his failure so to do shall be recorded by the employer under the signature of the employee. (4) The employer of every establishment shall for the purposes of this Act maintain such other records and registers and display such other notices as may be prescribed. (5) In the case of any contravention of the foregoing provisions of this section, the employer of an establishment shall be liable, on conviction, to a fine not exceeding five rupees for every day on which the contravention occurs or continues. (6) If any person with intent to deceive makes or causes or allows to be made, in any such record, register or notice as aforesaid an entry which is to his knowledge false in any material particular, or wilfully omits or causes or allows to be omitted from any such record, register, or notice an entry required to be made therein, he shall be liable, on conviction, to imprisonment for a term not exceeding three months or to a fine which shall not be less than twenty-five rupees and may extend to two hundred rupees or both. ### 21. Inspection of registers and calling for information. (1) It shall be the duty of every employer of an establishment to make available for inspection of such officer, as may be prescribed, all accounts or other records required to be kept for the purposes of this Act and to give to such officer any other information in connection therewith as may be required. (2) Whoever contravenes the provisions of sub-section (1) or wilfully obstructs the inspecting authority in the exercise of the power under this Act or conceals or prevents any employee in an establishment from appearing before or being examined by the authority, shall be liable, on conviction, to a fine which shall not be less than twenty-five rupees and may extend to two hundred rupees. ### 22. Notice of removal. (1) No employee shall be removed from service unless and until one month's previous notice or pay in lieu thereof has been given to him : Provided that - (a) no employee shall be entitled to the notice or pay in lieu thereof if he is removed on account of misconduct established on record; (b) No employee shall be entitled to one month's notice or notice pay unless and until he has been in the service of the employer continuously for a period of three months. (2) In any case instituted for a contravention of the provisions of sub- section (1), if a [Judicial Magistrate] Substituted for the word 'Magistrate' by Punjab Act [25 of 1964 .] is satisfied that an employee has been removed without reasonable cause, the [Judicial Magistrate] Substituted for the word 'Magistrate' by Punjab Act [25 of 1964 .] shall, for reasons to be recorded in writing, award compensation to the employee equivalent to two months' salary : Provided that no such claim shall be entertained unless it is preferred by the employee within six months from the date of his removal. (3) The amount payable as compensation under this section shall be in addition to, [and recoverable as] [Substituted for the words 'or recoverable as' by Punjab Act No. 1 of 1964, Section 14.] fine payable under Section 26. (4) No person who has been awarded compensation under this section shall be entitled to bring a civil suit in respect of the same claim. ### 23. Notice by employee. (1) No employee, who has been in the service of the employer continuously for a period of three months, shall terminate his employment unless he has given to his employer seven days' previous notice or pay in lieu thereof. (2) Where an employee contravenes the provisions of sub-section (1), his employer may forfeit his unpaid wages for a period not exceeding seven days. ### 24. [ \* \* \* \*] [Omitted by Punjab Act No. 1 of 1964, section 15.] ### 25. Provisions as to trading elsewhere than in establishments. - Save as otherwise provided by any law for the time being in force, it shall not be lawful in any locality to carry on in any place not being an establishment, retail trade or business of any class at any time if it is unlawful in that locality to keep an establishment open for the purpose of such retail trade or business, and, if any person carries on any trade or business in contravention of this section, this Act shall apply as if he were the employer of the establishment which was being kept open in contravention of this Act. ### 26. Penalties. - Subject to the other provisions of this Act, whoever contravenes any of the provisions of this Act, or the rules made thereunder and no penalty has been provided for such contravention in this Act, shall be liable on conviction, to a fine not exceeding one hundred rupees for the first offence, and three hundred rupees for every subsequent offence : Provided that the fine in respect of every subsequent offence within the same year shall not be less than one hundred rupees in any case. ### 27. Protection of officers and their agents from personal liability. - No suit, prosecution or other legal proceeding shall lie against any public servant or any other person in the service of the Central or State Government, acting under direction of any such public servant, for anything in good faith done or intended to be done in pursuance of the provisions of this Act or of any rule made thereunder. ### 28. Power to grant exemptions. - [Government or any officer empowered by the Government in this behalf may] [Substituted for the words 'Government may' by Punjab Act No. 1 of 1964, section 16.] , by notification in the official Gazette, exempt from the operation of all or any of the provisions of this Act for any period it considers desirable any establishment or any class thereof or any employer or employee or class of employers or employees to whom this Act applies on such condition as it may think fit. ### 29. Prohibition of employment of children. - No child who has not completed the age of fourteen years shall be employed in any establishment. ### 30. Conditions of employment of women. (1) No woman shall be required or allowed to work whether as an employee or otherwise in any establishment during night : [Provided that nothing in this sub-section shall apply to an establishment which is engaged in the treatment or care of the sick, the infirm, the destitute or the mentally unfit.] [Proviso added by Punjab Act No. 1 of 1964, Section 17.] (2) No employer of any establishment shall knowingly employ a woman and no woman shall engage in employment in any establishment during six weeks following the day of her confinement or miscarriage. (3) Government may prescribe further conditions in respect of employment of women employed about the business of establishments or any class of them, including if it thinks fit, conditions with respect to the daily period of employment, leave and other matters and no woman shall be employed otherwise than in accordance with these conditions. ### 31. Maternity Benefit. (1) Every woman employed in an establishment who has been continuously employed in that establishment or in establishments belonging to the employer of that establishment for a period of not less than six months preceding the date of her delivery shall be entitled to receive, and the employer shall be liable to make to her, a payment of a maternity benefit which shall be prescribed by the Government for every day during the six weeks immediately preceding and including the day of her delivery and for each day of the six weeks, following her delivery : Provided that no such payment shall be made for any day on which she attends work and receives payment therefor during the six weeks preceding her delivery. (2) The manner in which the maternity benefit shall be payable may be prescribed by the Government. ### 32. Bar of Legal Practitioners in certain proceedings. - Notwithstanding anything contained in the law relating to legal practitioners for the time being in force, no legal practitioner shall be permitted to appear, plead or act for the employer or the employee in any proceedings, before a court between an employer and an employee, arising out of the contravention of any of the provisions of this Act. ### 33. Saving of certain rights and privileges. - Nothing in this Act shall affect any rights or privileges to which an employee in any establishment is entitled on the date this Act comes into force, under any other law, contract, custom or usage applicable to such establishment or any award, settlement or agreement binding on the employer and the employee in such establishment, if such rights or privileges are more favourable to him than those to which he would be entitled under this Act. ### 33A. [ Cognizance of offences. - No Court shall take cognizane of any offence punishable under this Act or any rule made thereunder or of the abetement of, or attempt to commit, such offence, save on a complaint made by the employee concerned or by such officer as may be authorised in writing in this behalf by the Government.] [New section 33-A inserted by Punjab Act No. 1 of 1964, Section 18.] ### 34. Power to make rules. (1) Government may make [rules for the purpose of giving effect to the provisions of this Act.] [For rules see Punjab Government notification No. 6089/5544-C-Lab-58, dated 13th May, 1958, published in Punjab Government Gazette (Extraordinary) , 1958, pages 1353-1361.] (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 and form in which the registers and notices shall be kept; (b) the officers who may be empowered to inspect registers and call for information as required by this Act; (c) the agency by which and the manner in which the prosecution shall be instituted; (d) the form of submitting a statement, the particulars under sub- section (1) of section 13, the manner in which registration of establishments is to be made and the form of registration certificate under sub-section (2) and the form for notifying a change under sub-section (4) of section 13; (e) the authority to and the manner in which any notice required by this Act, shall be given; (f) the conditions subject to which any exemption under this Act may be granted; (g) the manner in which the employer of an establishment shall keep exhibited in the premises the close day, closing and opening hours and such other particulars as may be prescribed; and (h) to safeguard health, safety, and welfare of the employees while on duty. (3) All rules made under this section shall, as soon as possible after they are made, be laid before [ - ] [The words 'both Houses' of' omitted by Adaptation of Punjab Laws Orders 1970.] the State Legislature. ### 35. Repeal. - The Punjab Trade Employees Act, 1940, is hereby repealed : Provided that - (a) every appointment, order, rule, bye-law, regulation, notification or notice made, issued or given under the provisions of the Act so repealed shall in so far as it is not inconsistent with the provisions of this Act, be deemed to have been made, issued or given under the provisions of this Act, unless and until superseded by any other appointment, order, rule, bye-laws, regulation, notification or notice made, issued or given under this Act; (b) any proceeding relating to the trial of any offence punishable under the provisions of the Act so repealed, shall be continued and completed as if the said Act has not been repealed, but has continued in operation, and any penalty imposed in such proceeding shall be recovered under the Act so repealed. [Schedule] [Substituted by the Punjab Adaptation of Laws (State and Concurrent Subjects) Order, 1968.] [See Section 1(4) ] Area to which the act applies in the First Instance \| \| \| \| --- \| --- \| \| District \| Name of Local Area \| \| 1. Amritsar \| 1. Amritsar \| \| \| 2. Tarn Taran \| \| \| 3. Patti \| \| \| 4. Khem Karan \| \| \| 5. Chheharta \| \| \| 6. Raja Sansi \| \| \| 7. Jandiala Guru \| \| \| 8. Majitha \| \| \| 9. Garhi Mandi \| \| 2. Bhatinda \| 1. Bhatinda \| \| \| 2. Jaitu \| \| \| 3. Mansa \| \| \| 4. Budhlada \| \| \| 5. Rampura Phul \| \| \| 6. Raman \| \| \| 7. Faridkot \| \| \| 8. Kot Kapura. \| \| 3. Ferozepur \| 1. Ferozepur Cantt. \| \| \| 2. Ferozepur City \| \| \| 3. Guru Harsahai \| \| \| 4. Muktsar \| \| \| 5. Malout6. Gidderbaha \| \| \| 7. Abohar \| \| \| 8. Fazilka \| \| \| 9. Moga \| \| \| 10. Zira \| \| \| 11. Talwandi Bhai \| \| \| 12. Bagha Purana \| \| 4. Gurdaspur \| 1. Gurdaspur \| \| \| 2. Batala \| \| \| 3. Dhariwal \| \| \| 4. Qadian \| \| \| 5. Fatehgarh Churian \| \| \| 6. Pathankot \| \| \| 7. Dina Nagar \| \| \| 8. Sujan Pur \| \| 5. Hoshiarpur \| 1. Hoshiarpur \| \| \| 2. Dasuya \| \| \| 3. Tanda-Urmar \| \| \| 4. Una \| \| \| 5. Garh Shankar \| \| \| 6. Mukerian \| \| \| 7. Garhdiwala \| \| \| 8. Hariana \| \| 6. Jullundur \| 1. Jullundur Cantt. \| \| \| 2. Jullundur City \| \| \| 3. Kartarpur \| \| \| 4. Nakodar \| \| \| 5. Nurmahal \| \| \| 6. Phillaur \| \| \| 7. Guraya \| \| \| 8. Apra \| \| \| 9. Nawanshehr Doaba \| \| \| 10. Banga \| \| \| 11. Rahon \| \| 7. Kapurthala \| 1. Kapurthala \| \| \| 2. Sultanpur Lodhi \| \| \| 3. Phagwara \| \| 8. Ludhiana \| 1. Ludhiana \| \| \| 2. Raikot \| \| \| 3. Khanna \| \| \| 4. Sahnewal \| \| \| 5. Samrala \| \| \| 6. Jagraon \| \| \| 7. Mullanpur and Adda Dakha \| \| 9. Patiala \| 1. Patiala \| \| \| 2. Nabha \| \| \| 3. Samana \| \| \| 4. Bassi Pathana \| \| \| 5. Gobindgarh \| \| \| 6. Rajpura \| \| \| 7. Sirhind \| \| \| 8. Doraha \| \| 10. Rupar \| 1. Rupar \| \| \| 2. Anandpur Sahib \| \| \| 3. Nangal Township \| \| \| 4. Kurali \| \| \| 5. Morinda \| \| \| 6. Kharar \| \| 11. Sangrur \| 1. Sangrur \| \| \| 2. Sunam \| \| \| 3. Dhuri \| \| \| 4. Ahmedgarh \| \| \| 5. Malerkotla \| \| \| 6. Barnala \| \| \| 7. Tapa. \|
65ba7278ab84c7eca86eb601	acts	Union of India - Act ---------------------- Investor Education and Protection Fund Authority (Form and Time of Preparation of Annual Report) Rules, 2018 -------------------------------------------------------------------------------------------------------------- UNION OF INDIA India Investor Education and Protection Fund Authority (Form and Time of Preparation of Annual Report) Rules, 2018 ============================================================================================================== Rule INVESTOR-EDUCATION-AND-PROTECTION-FUND-AUTHORITY-FORM-AND-TIME-OF-PREPARATION-OF-ANNUAL-REPORT-RULES-2018 of 2018 ------------------------------------------------------------------------------------------------------------------------ * Published on 11 October 2018 * Commenced on 11 October 2018 Investor Education and Protection Fund Authority (Form and Time of Preparation of Annual Report) Rules, 2018 Published vide Notification No. G.S.R. 1024(E) , dated 11.10.2018 G.S.R. 1024(E) . - In exercise of the powers conferred by sub-section (11) of section 125 read with section 469 of the Companies Act, 2013 ( 18 of 2013 ), the Central Government hereby makes the following rules, namely : - ### 1. Short title and commencement. (1) These rules may be called the Investor Education and Protection Fund Authority (Form and Time of Preparation of Annual Report) Rules, 2018. (2) They shall come into force on the date of their publication in the Official Gazette. ### 2. Definitions. (1) In these rules, unless context otherwise requires, - (a) "Act" means the Companies Act, 2013 ( 18 of 2013 ); (b) "Annual Report" means the annual report prepared by the Authority under sub-section (11) of section 125 of the Act; (c) "Authority" means the Investor Education and Protection Fund Authority constituted under sub-section (5) of section 125 of the Act; (d) "Form" means the Form annexed to these rules; (e) "Fund" means the Investor Education and Protection Fund (IEPF) established under section 125 of the Act; (f) "Investor" means any person, who has invested money in shares, or debentures, bond or deposits under a scheme or plan of a company registered under the Act; (g) "Year" means the financial year beginning on 1st April and ending on 31st March of the year immediately following. (2) Words and expressions used herein and not defined but defined in the Act shall have the same meanings assigned to them in the Act. ### 3. Preparation and furnishing of the Annual Report. (1) The Authority shall prepare once in every year an Annual Report in the form specified in the Schedule, giving a true and full account of its activities performed in the year. (2) The Authority may also include in the Annual Report any other item, not included in the form specified in the Schedule, with the prior permission of the Central Government. (3) The Authority, shall forward the annual report to the Central Government within a period of one hundred and eighty days immediately following the close of the year for which it has been prepared. (4) The matters relating to form and time of preparation of Annual Report, with respect to which no express provision has been made in these rules, shall be referred in each case to the Central Government for its decision and the decision of the Central Government shall be final. Schedule ---------- Form of the Annual Report [see rule 3(1) ] A. Introduction. - (i) Chairperson's statement; (ii) Objectives; (iii) Important achievements. B. Refund application received by the Authority. - A brief narrative alongwith a tabular statement on Refund application received by the Authority as follows: - (i) Number of applications pending at the beginning of the year; (ii) Number of applications received during the year; (iii) Number of applications in which sanction for refunds were made; (iv) Number of applications in which rejections were made; (v) Number of applications closed pursuant to rule 7 of IEPF (Accounting, Audit, Transfer and Refund) Second Amendment Rules, 2016; (vi) Number of applications pending at the end of the year. C. Investor Awareness advocacy. - A brief narrative of activities undertaken under clause (b) of sub-section (3) of Section 125: - (i) Workshops, seminars and other interactions with public/experts/policy makers/regulatory bodies for creating awareness among investors; (ii) Details of each and every investor awareness advocacy; (iii) Papers and studies published for investor advocacy and for creating awareness of investors issues; (iv) Others. D. Administration and establishment matters. - (1) Report of the CEO; (2) Composition of the Authority; (3) Meetings of the Authority; (4) Details of Chairperson or Members appointed in the year and Members who demitted office, along with reasons for demitting office, in the year; (5) Organizational structure; (6) A tabular statement containing information on Personnel in Authority, category-wise: Sanctioned posts, posts filled up, vacancies, appointments made in the year along with a sub-table giving similar details for the posts reserved for various categories under the reservation policy of the Government; (7) Employee welfare measure, if any, beyond the regular terms and conditions of employment, undertaken by the Authority. E. Transfer of amounts to IEPF (maintained in CFI). - (1) Amount transferred by Companies to IEPF from the year 2001 to the beginning of the year; (2) Transfer of amount to IEPF by the companies during the year; (3) Balance available in the IEPF at the end of the year; (4) Any other information. F. Transfer of amounts lying in IEPF to Senior Citizen Welfare Fund (SCWF) . - (1) Amount transferred from IEPF to SCWF at the beginning of the year; (2) Transfer of amount from IEPF to SCWF during the year; (3) Total amount transferred to SCWF at the end of the year; (4) Any other information. G. Transfer of shares by Companies to the IEPF Authority. - A brief narrative alongwith a tabular statement on Refund application received by the Authority as follows: - (1) No. of shares transferred by Companies to IEPF at the beginning of the year; (2) No. of shares transferred by Companies to IEPF during the year; (3) No. of shares refunded by the IEPF during the year; (3) No. of shares available in the IEPF at the end of the year; (4) Any other information. H. Budget and accounts. - (1) Budget estimates and revised estimates, under broad categories; (2) Balance available in the Reserve Fund at the beginning of the year; (3) Allocation of funds from Consolidated Fund of India (CFI) during the year for carrying out activities under subsection (3) of section 125 of the Act; (4) Actual expenditures under broad categories; (5) Balance available in the Reserve Fund at the end of the year; (6) Any other information. I. RTI Act. - (a) Number of applications received by CPIO/ACPIO seeking information under RTI Act; (b) Number of applications for which information has been provided by CPIO; (c) Number of applications pending with CPIO; (d) Number of appeals filed before First Appellate Authority against the order of CPIO; (e) Number of appeals which have been disposed of by First Appellate Authority; (f) Number of appeals pending with First Appellate Authority; (g) Number of applications /appeals not disposed of in the stipulated time frame.
65b9f304ab84c7eca86ea4d2	acts	State of West Bengal - Act ---------------------------- The West Bengal Restriction on Construction in Unsafe Areas Act, 1979 ----------------------------------------------------------------------- WEST BENGAL India The West Bengal Restriction on Construction in Unsafe Areas Act, 1979 ======================================================================= Act 20 of 1979 ---------------- * Published on 4 October 1979 * Commenced on 4 October 1979 The West Bengal Restriction on Construction in Unsafe Areas Act, 1979 West Bengal Act 20 of 1979 [4th October, 1979] An Act to provide for restriction on construction in areas found unsafe due to operation of mines or otherwise in West Bengal. Whereas it is expedient in the public interest to provide for restriction on construction in areas found unsafe due to operation of mines or otherwise in West Bengal; It is hereby enacted as follows :- ### 1. Short title. - This Act may be called the West Bengal Restriction on Construction in Unsafe Areas Act, 1979. ### 2. Definitions. - In this Act, unless the context otherwise requires, - (a) "construction" means erection or re-erection of a building or structure or addition or alteration to any existing building or structure but shall not include repairs to any existing building or structure; (b) "mine" shall have the meaning assigned to it in the Mines Act, 1952; (c) "notification" means a notification published in the Official Gazette; (d) "prescribed" means prescribed by rules made under this Act. ### 3. Inquiry on receipt of information. - The District Magistrate shall, on receipt of any information that any area, within the limits of his jurisdiction, is likely to subside due to operation of any mine or otherwise, forthwith cause an inquiry to be made into the matter by any officer having such qualifications and in such manner as may be prescribed. ### 4. Declaration of unsafe area. - If, on the report of the inquiry, the District Magistrate is satisfied that any area within the limits of his Jurisdiction is likely to subside due to operation of any mine or otherwise, he shall cause to be made with reference to the finally published record-of-rights and map of the locality, a plan of the area likely to subside and by order published in the manner prescribed, declare such area to be unsafe. ### 5. Prohibition of construction without permission. - When any area is declared unsafe under section 4, no construction within that area shall be commenced or continued without the previous permission in writing of the District Magistrate. ### 6. Penalty. - Any person who, in contravention of the provisions of section 5, commences or continues any construction in an area declared unsafe under section 4 shall, without prejudice to any action that may be taken under section 7, be punishable with simple imprisonment for a term which may extend to six months or with fine which may extend to two thousand rupees or with both, and in the case of a continuing offence with a further fine which may extend to five hundred rupees for each day during which such contravention continues. ### 7. Power to demolish construction. - Where any construction has been commenced or is being continued in contravention of the provisions of section 5, the District Magistrate having jurisdiction may, after giving the owner of such construction and also to the occupier (if the owner is not the occupier) an opportunity of being heard, make an order directing the demolition of the construction commenced or continued within such period as may be specified in the order and, in default, the District Magistrate may himself or through a person authorised by him in this behalf cause demolition of such construction and the cost thereof shall be recoverable by the District Magistrate from the owner of the construction as a public demand. ### 8. Protection of action taken under this Act. - No suit, prosecution or other legal proceeding (including an action for damages) shall lie against the State Government or any person for anything in good faith done or intended to be done or for any damage caused or likely to be caused for anything in good faith done or intended to be done in pursuance of this Act or any rule or order made thereunder. ### 9. Cognizance of offence. - No Court shall take cognizance of any offence punishable under this Act except on the complaint, in writing, of the District Magistrate or any officer authorised by him in this behalf. ### 10. Compounding of offence. - Any offence punishable under this Act may, either before or after the institution of the prosecution, be compounded by the District Magistrate on such terms and conditions as may be prescribed. ### 11. Appeal. (1) Any person aggrieved by an order made by the District Magistrate under this Act may, within thirty days from the date of communication of the order to him, prefer an appeal against the order to the State Government in such manner as may be prescribed. Explanation. - For the purposes of this sub-section; date of publication of the order in the prescribed manner shall be deemed to be the date of communication. (2) An appeal under sub-section (1) shall be disposed of by the officer not below the rank of a Secretary to the Government or a Divisional Commissioner appointed by the State Government in that behalf, in the manner prescribed. ### 12. Revision of order by the State Government in certain cases. - The State Government may, of its own motion or otherwise, revise an order made by a District Magistrate under the provisions of this Act. ### 13. Power to make rules. - 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 power, such rules may provide for all or any of the matters which may be or is required to be prescribed. ### 14. Provisions not to apply to mines. - Nothing in this Act shall apply to a mine as defined in clause (i) of sub-section (1) of section 2 of the Mines Act, 1952. ### 15. Repeal and savings. (1) The West Bengal Restriction on Construction in Unsafe Areas Ordinance, 1979, is hereby repealed. (2) Anything done or any action taken under the West Bengal Restriction on Construction in Unsafe Areas Ordinance, 1979, shall be deemed to have been validly done or taken under this Act as if this Act had commenced on the 13th day of June, 1979.
65b911c5ab84c7eca86e8421	acts	Constitution and Amendments ----------------------------- THE CONSTITUTION (ONE HUNDRED AND SECOND AMENDMENT) ACT, 2018 --------------------------------------------------------------- India THE CONSTITUTION (ONE HUNDRED AND SECOND AMENDMENT) ACT, 2018 =============================================================== Act 102 of 2018 ----------------- * Published in Gazette of India on 11 August 2018 * Commenced on 11 August 2018 An Act further to amend the Constitution of India. BE it enacted by Parliament in the Sixty-ninth Year of the Republic of India as follows:— ### 1. Short title and commencement. (1) This Act may be called the Constitution (One Hundred and Second Amendment) Act, 2018. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. ### 2. Amendment of article 338. In article 338 of the Constitution, in clause (10) , the words, brackets and figures "to such other backward classes as the President may, on receipt of the report of a Commission appointed under clause (1) of article 340, by order specify and also" shall be omitted ### 3. Insertion of new article 338B. After article 338A of the Constitution, the following article shall be inserted, namely:— ### 338B. National Commission for Backward Classes. (1) There shall be a Commission for the socially and educationally backward classes to be known as the National Commission for Backward Classes. (2) Subject to the provisions of any law made in this behalf by Parliament, the Commission shall consist of a Chairperson, Vice-Chairperson and three other Members and the conditions of service and tenure of office of the Chairperson, Vice-Chairperson and other Members so appointed shall be such as the President may by rule determine. (3) The Chairperson, Vice-Chairperson and other Members of the Commission shall be appointed by the President by warrant under his hand and seal. (4) The Commission shall have the power to regulate its own procedure. (5) It shall be the duty of the Commission— (a) to investigate and monitor all matters relating to the safeguards provided for the socially and educationally backward classes under this Constitution or under any other law for the time being in force or under any order of the Government and to evaluate the working of such safeguards; (b) to inquire into specific complaints with respect to the deprivation of rights and safeguards of the socially and educationally backward classes; (c) to participate and advise on the socio-economic development of the socially and educationally backward classes and to evaluate the progress of their development under the Union and any State; (d) to present to the President, annually and at such other times as the Commission may deem fit, reports upon the working of those safeguards; (e) to make in such reports the recommendations as to the measures that should be taken by the Union or any State for the effective implementation of those safeguards and other measures for the protection, welfare and socio-economic development of the socially and educationally backward classes; and (f) to discharge such other functions in relation to the protection, welfare and development and advancement of the socially and educationally backward classes as the President may, subject to the provisions of any law made by Parliament, by rule specify. (6) The President shall cause all such reports to be laid before each House of Parliament along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the Union and the reasons for the non-acceptance, if any, of any of such recommendations. (7) Where any such report, or any part thereof, relates to any matter with which any State Government is concerned, a copy of such report shall be forwarded to the State Government which shall cause it to be laid before the Legislature of the State along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the State and the reasons for the non-acceptance, if any, of any of such recommendations. (8) The Commission shall, while investigating any matter referred to in sub-clause (a) or inquiring into any complaint referred to in sub-clause (b) of clause (5) have all the powers of a civil court trying a suit and in particular in respect of the following matters, namely:— (a) summoning and enforcing the attendance of any person from any part of India and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavits; (d) requisitioning any public record or copy thereof from any court or office; (e) issuing commissions for the examination of witnesses and documents; (f) any other matter which the President may, by rule, determine. (9) The Union and every State Government shall consult the Commission on all major policy matters affecting the socially and educationally backward classes.". ### 4. Insertion of new article 342 A. After article 342 of the Constitution, the following article shall be inserted, namely:— "342A. Socially and educationally backward classes. (1) The President may with respect to any State or Union territory, and where it is a State, after consultation with the Governor thereof, by public notification, specify the socially and educationally backward classes which shall for the purposes of this Constitution be deemed to be socially and educationally backward classes in relation to that State or Union territory, as the case may be. (2) Parliament may by law include in or exclude from the Central List of socially and educationally backward classes specified in a notification issued under clause (1) any socially and educationally backward class, but save as aforesaid a notification issued under the said clause shall not be varied by any subsequent notification.". ### 5. Amendment of article 366. In article 366 of the Constitution, after clause (26B), the following clause shall be inserted, namely:— ‘(26C) "socially and educationally backward classes" means such backward classes as are so deemed under article 342A for the purposes of this Constitution;’. The Constitution (One Hundred and Second Amendment) Act, 2018, eliminated states’ authority in the matter to establish socially and educationally backward classes within their borders for the purpose of granting quotas in jobs and admissions in educational institutions. Many deemed some parts of the 102 Amendment of the Indian Constitution as unconstitutional. Then the Parliament made amendments to this act to live up to the values enshrined in the preamble of India. An explanation clause was also added to clarify that all the States and Union Territories of India will have the right to prepare and maintain their lists of Socially and Educationally Backward Classes apart from the Central List. As a matter of fact, we can see that the reason behind Article 102 of the Indian Constitution is to facilitate everyone with equal opportunities irrespective of other societal factors. The concept of majority and minority will hold value in them as the aforementioned Article demands this segregation to be exercised. [Also Refer ]
65ba3857ab84c7eca86ead33	acts	Bengal Presidency - Act ------------------------- The Bengal Police Act, 1869 ----------------------------- BENGAL PRESIDENCY India The Bengal Police Act, 1869 ============================= Act 7 of 1869 --------------- * Published on 29 September 1869 * Commenced on 29 September 1869 The Bengal Police Act, 1869 Bengal Act 7 of 1869 [29th September, 1869.] An Act to amend the constitution of the Police-force in Bengal. Preamble. - Whereas it is expedient that the entire police-establishment in the provinces under the control of the Lieutenant-Governor of Bengal should cease to be one police-force, and that the said provinces should cease to be one general police-district under one Inspector-General; It is enacted as follows:- ### 1. Repeal of section 2, Act 5 of 1861. - Repealed by Act 1 of 1903. ### 2. Power to divide the States into police-districts. - It shall be lawful for the [State Government] [Words 'Provincial Government' first substituted for the words 'Lieutenant-Governor' by the Government of India (Adaptation of Indian Laws) Order, 1937 and, thereafter, the word 'State' substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] , [\* \* \* \* \] [Words 'of Bengal' omitted by the Indian Independence (Adaptation of Bengal and Punjab Acts) Order, 1948.] from time to time, to divide the said [States] [Word substituted for the word 'Provinces' by the Adaptation of Laws Order, 1950.] into as many general police-districts as [it] [Word substituted for the word 'he' by the Government of India (Adaptation of Indian Laws) Order, 1937.] may think fit, and from time to time to vary and alter any of such general police-districts, or to consolidate two or more of such general police-districts into one district, as [it] [Word substituted for the word 'he' by the Government of India (Adaptation of Indian Laws) Order, 1937.] may think fit. ### 3. Power to appoint in districts persons to execute duties of Inspector-General. - It shall be lawful for the said [State Government] [Words 'Provincial Government' first substituted for the words 'Lieutenant-Governor' by the Government of India (Adaptation of Indian Laws) Order, 1937 and, thereafter, the word 'State' substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] in each such general police-district to appoint some person or exercise in such district the powers of an Inspector-General of Police, whether such person shall or shall not hold any other office under the [Government] [Word 'Crown' first substituted for the words 'said Lieutenant-Governor' by the Government of India (Adaptation of Indian Laws) Order, 1937 and, thereafter, the 'Government' substituted for the word 'Crown' by the Adaptation of Laws Order, 1950.] ; and the administration of the police throughout such general police-district, and all powers and authorities by [the Police Act, 1861] [Words and figures substituted for the words, figures and letter 'the said Act V of 1861' by Bengal Act 1 of 1939.] or any other Act conferred on an Inspector-General of Police, shall be vested in such person. ### 4. Police establishment in each district to be considered one police-force. - The entire police-establishment in every such district shall, for the purposes of the [Police Act, 1861] [Words and figures substituted for the words, figures and letter 'the said Act V of 1861' by Bengal Act 1 of 1939.] , be deemed to be one police-force, and shall be formally enrolled, and shall consist of such number of officers and men, and shall be constituted in such manner, [\ \* \* \* \] [Words 'and the members of such force shall receive such pay' omitted by the Government of India (Adaptation of Indian Laws) Order, 1937.] as shall from time to time be ordered by the said [State Government] [Words 'Provincial Government' first substituted for the words 'Lieutenant-Governor' by the Government of India (Adaptation of Indian Laws) Order, 1937 and, thereafter, the word 'State' substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] [\ \* \* \] [Words 'subject to sanction of the Governor-General of India In Council' omitted by the Government of India (Adaptation of Indian Laws) Order, 1937.] . [The pay and all other conditions of service of the members of such force below the rank of Deputy Superintendent shall subject to the provisions of the said Act of 1861, be such as may be determined by the [State] [This portion inserted by the Government of India (Adaptation of Indian Laws) Order, 1937.] Government.] ### 5. Power to employ police out of district. - It shall be lawful for the [State Government] [Words 'Provincial Government' first-substituted for the words 'Lieutenant-Governor' by the Government of India (Adaptation of Indian Laws) Order, 1937 and, thereafter, the word 'State' substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] to employ members of the police-force who have been enrolled in, or appointed to, any one general police-district, in any other general police-district within the [States] [Word substituted for the word 'Provinces' by the Adaptation of Laws Order, 1950.] subject [\ \* \* \*] [Words 'in the case of officers of the Indian Police of and above the rank of Assistant Superintendent' omitted by the Government of India (Adaptation of Indian Laws) Order, 1937.] to [its] [Word substituted for the word 'his' by the Government of India (Adaptation of Indian Laws) Order, 1937.] control; and the powers conferred on police-officers by the Code of Criminal Procedure, [1898] [Figures inserted by Bengal Act 1 of 1939.] , may be by them exercised in any portion of the said [States] [Word substituted for the word 'Provinces' by the Adaptation of Laws Order, 1950.] without reference to the local limits of the general police-district to which they may respectively belong. ### 6. Construction. - This Act shall be read and taken, in the [territories to which it extends] [Words substituted for the words 'provinces under the control of the Provincial Government of Bengal' by the Indian Independence (Adaptation of Bengal and Punjab Acts) Order, 1948.] as part of [the Police Act, 1861] [Words and figures substituted for the words, figures and letter 'the said Act V of 1861' by Bengal Act 1 of 1939.] .
65ba005aab84c7eca86ea6d7	acts	State of Andhra Pradesh - Act ------------------------------- The Andhra Pradesh Village Police Act, 1974 --------------------------------------------- ANDHRA PRADESH India The Andhra Pradesh Village Police Act, 1974 ============================================= Act 24 of 1974 ---------------- * Published in Gazette 24 on 29 August 1974 * Assented to on 29 August 1974 * Commenced on 29 August 1974 The Andhra Pradesh Village Police Act, 1974 [29th August, 1974] No. 31 of 1974 An Act to consolidate and amend the law relating to the establishment of the system of village police in the State of Andhra Pradesh. Be it enacted by the Legislature of the State of Andhra Pradesh in the Twenty-fifty Year of the Republic of India, as follows.— ### 1. Short title, extent and commencement.— (1) This Act may be called the Andhra Pradesh Village Police Act, 1974. (2) It extends to the whole of the State of Andhra Pradesh. (3) It shall come into force on such date as the State Government may, by notification in the Andhra Pradesh Gazette, appoint. ### 2. Definitions.— In this Act , unless the context otherwise requires— (1) “cattle” includes all horned cattle, elephants, camels, horses, asses, mules, sheep, goats and swine; (2) “Government” means the State Government; (3) “notification” means the notification published in the Andhra Pradesh Gazette, and the words “notified” shall be construed accordingly; (4) “police officer” means any member of the police force appointed or deemed to be appointed under any law relating to the police force for the time being in force in the State; and includes a special police officer; (5) “prescribed” means prescribed by rules made under this Act; (6) “village” means any local area which is recognised as a revenue village in the revenue accounts of the Government; (7) “village police officer” means the head of a village, by whatever designation locally known, who is appointed as the head of the village police and Section 3. ### 3. Appointment of village police and its head.— For the purposes of this Act , the District Magistrate or any officer authorised by him in this behalf may appoint, one or more village servants as village police for each village, and the police patel, village headman, village munsif, triune officer or other head of the village by whatever designation locally known, as the head of the village police of that village. ### 4. Administration of village police.— The administration of the village police in each district shall vest in the District Magistrate, who may delegate any of his powers and functions relating to such administration to a subordinate Executive Magistrate within whose local jurisdiction the village is situated. ### 5. Duties of village police officer.— Every village police officer shall— (a) reciprocally communicate all information regarding any offence committed or any gang of robbers or strangers of suspicious appearance having entered or taken refuge in the village; (b) report promptly to the nearest Executive Magistrate having jurisdiction over the village and to the police officer in charge of the nearest police station,— (i) the matters specified in Clause (a), (ii) all offences committed in the village, and (iii) all matters connected with public peace and tranquility: (c) afford such assistance and facility as may be necessary or required by an police officer in the discharge of his duty; (d) obey and execute all lawful orders issued to him by the concerned Executive Magistrate or the police officer; (e) prevent, to the best of his ability, the commission of any offence or public nuisance within the limits of the village; and (f) take measures consistent with law to bring offenders to justice. ### 6. Authority of the village police officer over other Village Officers and servants.— The village police officer shall have authority to require the Karnam and any village servant to aid him in the discharge of his duties under this Act . ### 7. Action as to stolen property.— Where the village police officer is informed that stolen property is being concealed and where he has reason to apprehend that the stolen property may be made away with unless prompt measures are taken to secure it, he shall cause search to be made in the prescribed manner and secure and forward the property, if found, along with the offender to the police officer in charge of the nearest police station. ### 8. Preservation in tact of scene of offence.— The village police officer shall Endeavour to the best of his ability to preserve intact scene of offence and finger and foot prints in case of murder, house-breaking, robbery, dacoity, rioting, accidental death or suicide until the police officer concerned arrives on the scene for investigation. ### 9. Village police officer to take charge of unclaimed property.— The village police officer shall take charge of all the unclaimed property found within the limits of the village or delivered to him lawfully and shall forthwith forward all such property to the police officer incharge of the nearest police station for disposal in accordance with law. ### 10. Accident to aircraft.— On the occurrence of an accident to an aircraft, the village police officer shall at once report the matter to the Executive Magistrate having jurisdiction over the area and to the police officer incharge of the nearest police station and if any person is injured as a result of such accident, the village police officer shall forthwith report the matter to the nearest medical officer. He shall also take such further act ion as may be prescribed. ### 11. Penalty for neglect of duty, etc..— Any village police officer, village police, or other village officer or servant liable to be requisitioned for the purpose of police duties under this Act , who shall be guilty of neglect or violation of duty imposed by or under this Act or wilful breach of any rule or order made by a competent authority under this Act , shall be punished with imprisonment for a term which may extend to three months, or with fine which may extend to one hundred rupees, or with both. ### 12. Power to make rules.— (1) The Government may, by notification, make rules for carrying out all or any of the purposes of this Act . (2) Every rule made under this Act, shall, immediately after it if made, be laid before each Housing of the State Legislature if it is in session and if it is not in session, in the session immediately following, for a total period of fourteen days which may be comprised in one session, or in two successive sessions, and if, before the expiration 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 in the annulment of the rule, the rule shall from the date on which the modification or annulment is notified, have effect only in such modified form, or shall stand annulled, 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.— The Andhra Pradesh (Andhra Area) Village Police Regulation, 1816, and the Andhra Pradesh (Andhra Area) Village Police Regulation, 1821 are hereby repealed.
65b95d84ab84c7eca86e8f2a	acts	State of Bihar - Act ---------------------- Bihar Ayush Steno grapher Cadre Rules, 2018 --------------------------------------------- BIHAR India Bihar Ayush Steno grapher Cadre Rules, 2018 ============================================= Rule BIHAR-AYUSH-STENO-GRAPHER-CADRE-RULES-2018 of 2018 --------------------------------------------------------- * Published on 4 December 2018 * Commenced on 4 December 2018 Bihar Ayush Steno grapher Cadre Rules, 2018 Published vide Notification No. 16/T.2-42/2014-1557(Aa.Chi), Dated 04.12.2018 Last Updated 4th February, 2020 No. 16/T.2-42/2014-1557(Aa.Chi). - In exercise of the powers conferred by proviso to article 309 of the Constitution of India, the Governor of Bihar is pleased to make the following Rules to regulate the appointment and service -conditions in the Steno grapher Cadre under the Directorate of Ayush:- ### 1. Short title, extent & commencement. (1) These Rules may be called the "Bihar Ayush Steno grapher Cadre Rules, 2018". (2) It shall extend to the whole of the State of Bihar. (3) It shall come into force at once. ### 2. Definitions. - In these Rules, unless otherwise requires the subject or context in (i) 'Government' means Government of Bihar; (ii) 'Department' means Health Department; (iii) 'Cadre' means Steno grapher Cadre under the Directorate of Ayush; (iv) 'Commission' means The Bihar Staff Selection Commission; (v) 'Appointing Authority' means Principal/Superintendent/Deputy Superintendent (Ten beded Govt. Homoeopathic Hospital, Patna)/Manager/Research Officer/District Indigenous Medical Officer to the concerned Institution; (vi) 'Fixed date' means the date of coming into force of these Rules; and (vii) 'Member' means a person appointed in the cadre and all persons appointed/absorbed before coming into force of these rules . ### 3. Structure of the Cadre. - Structure of the cadre of Steno grapher shall be as follows:- \| \| \| \| \| --- \| --- \| --- \| \| Sl. No \| Structure of Post \| Ladder \| \| 1 \| Steno- Grade III \| Basic Category \| \| 2 \| Steno- II \| First Ladder of Promotion \| \| 3 \| Steno- Grade I \| Second Ladder of Promotion \| ### 4. Strength of the Cadre and Pay Scale. - The strength of the cadre shall be same as may be determined by the Directorate of Ayush, Health Department, from time to time and the pay scale and grade pay/ pay level of the posts of this cadre shall be same as may be determined by the Government, from time to time. ### 5. Recruitment. (1) The appointment to the basic category posts of this cadre will be made by direct recruitment on the basis of recommendation of the Commission. (2) The appointing authority, will calculate the vacancies on the basis of position as on 1st April of the year, and will be sent requisition to the Commission latest by 30th April. (3) The Commission shall advertise the vacancies and after selecting the successful candidates on the basis of The Competitive Examinations, minimum qualifying marks and practical skill test, will recommend the the names of the candidates in merit order to the appointing authority. The Commission, in consultation with the department, shall determine the syllabus of the Competitive Examination and qualifying marks. Validity of merit list shall be for one year from the date of receipt of the recommendation in the department. (4) After due screening, the appointing authority shall appoint the candidates for a period of two years on probation. ### 6. Qualifications. (1) Minimum Educational Qualification- (a) Minimum educational qualification for the appointment to the posts of Steno- Grade-III shall be intermediate pass or equivalent. (b) Knowledge of Shorthand and Typing shall be compulsory for the candidates. (c) To have basic knowledge of computer and word processing shall be also compulsory for the candidates. (2) Test for eligibility (a) The Test of qualifying level of shorthand writing in Hindi will be 80 words per minute for 4 minutes. One minute will be given for trial dictation before final dictation test. Twenty minutes will be given for typing of dictation. Two minute time will be given for correction before typing of dictation. The correction of typing of dictation will be done within the fixed time of typing. For being successful in typing of dictation, errors should not be more than 10% otherwise they will be declared disqualified. (b) Besides the Shorthand test, candidates shall have to type 300 words in ten minutes at the rate of 30 words per minute on computer. For being successful in typing errors should not be more than 1.5 % otherwise they will be declared disqualified. (c) For recruitment, the minimum age shall be 18 years and the maximum age-limit shall be the same as may be determined by the State Government (General Administration Department), from time to time. ### 7. Reservation. - Compliance of provisions, of reservation/roster notified for direct recruitments and promotion, by the State Government (General Administration Department) from time to time, shall be necessary. ### 8. Probation period. - Each appointment shall be on the probation for two years and in special circumstances. If the probation period is not found satisfactory, it may be extended for one year with reasons to be recorded in writing, by the appointing authority. Such period extension will be made only when in the opinion of the Appointing Authority, the improvement in the probationer is possible. If the service is not found satisfactory in extended period also, then the Appointing Authority may terminate the service of the candidate. ### 9. Departmental Examination and Confirmation. (1) Departmental examination shall be organized by the Central Examination Committee of Board of Revenue in every year. Subject, syllabus and process of The Departmental Examination will be determined by the Central Examination Committee of Board of Revenue. (2) After satisfactory completion of probation period, training and passing of Departmental examination, the services of appointed personnel, may be confirmed in the cadre by the Appointing Authority. ### 10. Seniority. - The inter-se seniority of the members of the cadre shall be determined according to the merit list determined by the Commission However, the inter-se-seniority determined before coming into force of these Rules shall remain unchangeable. ### 11. Level of cadre. - The cadre will be of district level. ### 12. Promotion. - Promotion from basic category to higher category, on completion of Kalawadhi determined by the Government (General Administration Department) from time to time, may be given on the basis of recommendation of the Promotion Committee, constituted by the appointing authority of the concerned institution . It shall also be necessary to comply with other rules/process prescribed by the "General Administration Department in the stage of promotion. ### 13. Removal of difficulties. - The Department may issue, after consultation with the Law Department, such general or special instructions, from time to time, which is necessary to remove the difficulty coming in implementation of any of the provisions of these Rules. ### 14. Interpretation. - Where any doubt arises in interpretation of any provisions of these Rules, it shall be referred to the Department by the Directorate of AYUSH and in this respect, after consultation with the Law Department, decision of the Department shall be final. ### 15. Repeal & Savings. (1) All resolutions, and instructions issued earlier, from time to time, by the Department with respect to this cadre are hereby repealed. (2) Notwithstanding such repeal, any work done or any action taken under the said resolutions, instructions shall be deemed to be done or taken under these Rules as if these Rules were in force on the date on which such work was done or such action was taken.
65ba56bcab84c7eca86eb016	acts	State of Tamilnadu- Act ------------------------- The State Co-Operative Societies (Re-Constitution and Formation) Act, 1954 ---------------------------------------------------------------------------- TAMILNADU India The State Co-Operative Societies (Re-Constitution and Formation) Act, 1954 ============================================================================ Act 4 of 1954 --------------- * Published on 31 January 1954 * Commenced on 31 January 1954 The State Co-Operative Societies (Re-Constitution and Formation) Act, 1954 Tamil Nadu Act 4 of 1954 Received the assent of the President on the 31st January 1954 and first published in the Fort St. George Gazette Extraordinary, dated the 4th February 1954. An Act to give permanent effect to the reconstitution and formation of State Cooperative Societies in the [State of Tamil Nadu] [This expression was substituted for the expression 'State of Madras' by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (second Amendment) Order, 1969.] , Whereas, in pursuance of the Madras State Co-operative Societies (Re-constitution and Formation) Ordinance, 1953 (Madras Ordinance II of 1953), each of the following societies, that is to say, the [Tamil Nadu] [These words were 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.] State Co-operative Bank Limited, the [Tamil Nadu] [These words were 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.] Co-operative Central Land Mortgage Bank Limited and the [Tamil Nadu] [These words were substituted for the word 'Madras' by the Tamil Nadu Adaptation of Luxes' Order, 1369, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.] State Handloom Weavers' Co-operative Society Limited, was re-constituted by excluding from its area of operations, the territory now comprised in the State of Andhra and with the said territory as their area of operations, three new societies, called the Andhra co-operative Bank, the Andhra Co-operative Central Land Mortgage Bank, and the Andhra Handloom Weavers' Co-operative Society, were formed; And whereas it is necessary to give permanent effect to the reconstitution of the then existing societies and the formation of the new societies; It is hereby enacted as follows:- ### 1. Short title, excent and Commencement. (1) This Act may be called the State Co-operative Societies (Re-constitution and Formation) Act, 1954. (2) It extends to the whole of the [State of Tamil Nadu] [This expression was substituted for the expression 'State of Madras' by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.] . (3) It shall come into force at once. ### 2. Definitions. - In this Act, unless there is anything repugnant in the subject or context- (a) 'Ordinance' means the Madras State Co-operative Societies (Reconstitution and Formation) Ordinance, 1953 (Madras Ordinance II of 1953); (b) 'the then existing societies' means the Madras State Co-operative Bank, Limited, the Madras Co-operative Central Land Mortgage Bank, Limited, and the Madras State Handloom Weavers' Co-operative Society, Limited, as they, existed on the date of the promulgation of the Ordinance; (c) 'reconstituted societies' means the Madras State Co-operative Bank, Limited, the Madras Co-operative Central Land Mortgage Bank, Limited, and the Madras State Handloom Weavers' Co-operative Society Limited, as reconstituted in pursuance of the Ordinance; (d) 'new societies' means the Andhra Co-operative Bank, the Andhra Co-operative Central Land Mortgage Bank and the Andhra Handloom Weavers' Co-operative Society; (e) 'corresponding new society' means the Andhra Co-operative Bank in relation to the reconstituted Madras Co-operative Bank, Limited, the Andhra Cooperative Central Land Mortgage Bank in relation to the reconstituted Madras Co-operative Central Land Mortgage Bank, Limited, and the Andhra Handloom Weavers Co-operative Society in relation to the reconstituted Madras State Handloom Weavers' Co-operative Society, Limited. ### 3. Acts done under Ordinance to be effective and binding on shareholders and creditors. - The reconstitution of the then existing societies, the registration of changes in their by-laws consequent on the reconstitution of the said societies, the formation of the new societies and their registration, the division of assets and liabilities as between, in each ease, the reconstituted society, and the corresponding new society, the terms and conditions subject, to which such division of assets and liabilities was made, the adjustments of rights, liabilities and guarantees, and the creation; transfer and allotment of liabilities as between, in each asset the reconstituted society and the corresponding new society and all acts done and decisions made in pursuance of the Ordinance shall, in all respects, be effective and binding on all the shareholders and the creditors of each of the then existing societies, the share-holders and the creditors of each of the reconstituted societies and the Government of the [State of Tamil Nadu] [The expression was substituted for the expression 'State of Madras by the Tamil Nadu Adaption of Laws Order, 1969 as amended by the Tamil Nidu Adaptation of Laws (Second Amendment) Order, 1969.] . ### 4. Act to over-ride certain enactments. - The provisions of this Act shall have effect, notwithstanding anything to the contrary, in the [Madras Co-operative Societies Act, 1932] [Now the Tamil Nadu Co-operative Societies Act, 1961 (Tamil Nadu Act 53 of 1961).] (Madras Act VI of 1932), and the [Tamil Nadu] [Tamil Nadu Co-operative Land Development Banks Act, 1934 (Tamil Nadu Act X of 1934).] Co-operative, Land Mortgage Banks Act, 1934] ([Tamil Nadu] [These words were substituted for the word 'Madras' by the Tami Nadu Adaptation of Laws Older, 1969 as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.] Act X of 1934).
65b9a25cab84c7eca86e981f	acts	State of Haryana - Act ------------------------ The Punjab Registration of Money Lenders Rules, 1939 ------------------------------------------------------ HARYANA India The Punjab Registration of Money Lenders Rules, 1939 ====================================================== Rule THE-PUNJAB-REGISTRATION-OF-MONEY-LENDERS-RULES-1939 of 1939 ------------------------------------------------------------------ * Published on 12 June 1939 * Commenced on 12 June 1939 The Punjab Registration of Money Lenders Rules, 1939 Published vide Punjab Government Notification No. 1417/CA/446/53, dated 12.6.1939 ### 1. Short title. (1) These rules may be cited as the Punjab Registration of Money-lenders Rules, 1939. Definition. - (2) In these rules, unless there is anything repugnant in the context, "Act" means the Punjab Registration of Money-lenders Act, 1938. ### 2. Registration of Money-lenders. [Section 4]. - Application for registration under section 4 of the Act shall be made, in the annexed form A, to the Collector of the district where the applicant has his residence, or, if he has no residence in [Haryana] [Substituted for the words 'Punjab' by the Adaptation of Laws Order, 1968.] , where he has his principal place of business in the [State] [Substituted by Adaptation of Laws Order, 1960, for 'Province'.] . ### 3. Fee for registration. [Section 4] - Application for registration shall bear the court fee prescribed in article 1(b) of Schedule II of the Court Fees Act, 1870, and shall be signed and verified by the applicant in the manner provided in Order VI; Rules 14 and 15 of the First Schedule to the Code of Civil Procedure, 1908 for plaints in suits. ### 4. Registration on behalf of firms. [Section 4] - An application for registration on behalf of a firm shall be signed by all the persons constituting the firm or their representatives duly empowered or in the case of a minor by the person representing him in the business. Provided that no application shall be entertained which does not bear the personal signature of at least one member of the applicant firm. ### 5. Manner of presentation of application for registration. [Section 4] - Every application for, registration shall be presented by the applicant personally or through a duly authorised agent : Provided that where there are more applicants than one, any one of them may present it. ### 6. Deposit of fee for registration. - [Section 4] - (1) The Collector shall, if the application for registration is in order (or if it is not in order after getting the necessary corrections made therein), and if he finds after making such inquiries as he considers necessary that the grant of the application will not offend against any order made under section 6 of the Act, direct the applicant to deposit [within a period of one month] [Inserted by Punjab Government Notification No. 3084-J-39/20680, dated 21.10.1941.] in the Government treasury a sum representing the fee prescribed in section 4 of the Act. (2) After the applicant has deposited the fee in the Government treasury and produced the receipt therefor, the Collector shall direct the money-lender's name to be registered. (3) [ If the applicant does not deposit the fee within the prescribed period his application shall be consigned to the General Record Room, and he shall submit a fresh application for registration] [Inserted by Punjab Government Notification No. 3084-J-39/20680, dated 21.10.1941.] . ### 7. Issue of certificate on registration. [Section 4] - On registration of the applicant's name under the preceding rule the Collector shall issue a certificate to him in form B annexed. ### 8. Grant of licence. [Section 5]. - No licence shall be granted under section 5 unless the applicant has been registered under section 4 of the Act. ### 9. Renewal of licences. [Section 5] - (1) - Applications for the grant of renewal of licences shall be made to the Collector mentioned in rule 2 in form C annexed. (2) The provisions of rule 3 above in regard to verification and to the payment of court fee shall be equally applicable to applications for the grant or renewal of licences under the preceding sub-rule. (3) In the case of a firm any adult member, or the guardian of a minor member, may make an application for a licence on behalf of the firm. ### 10. Affidavit for the grant/renewal of licences. [Section 6] - Every application for the issue or renewal of a licence shall be accompanied by an affidavit stating whether any court has since the making of the last application (if any) made any order in relation to the applicant in regard to any of the matters mentioned in section 6 of the Act. ### 11. Fee for the grant/renewal of licences. [Section 13(2) (b)] - After making such inquiries as he thinks necessary, the Collector shall, if he finds that there is nothing to debar the grant or renewal of the licence, direct the applicant to deposit [within a period of one month] [Substituted by Punjab Government Notification No. 6163-J-41/54523, dated 21.10.1941.] in the Government treasury a sum representing the fee prescribed in rule 12. ### 12. [ Scale of fees. [Substituted by Punjab Government Notification No. 6163-J-41/54523, dated 21.10.1941.] [Section 13(2) (b)] - (1) The fees for grant or renewal of licences shall be as under :- (a) For the grant of licence for the district in which the money-lender is first registered- \| \| \| \| --- \| --- \| \| (i) if the application is submitted within one month from the date of registration of his name \| Five rupees a year. \| \| (ii) if the application is submitted thereafter. \| Seven rupees a year. \| \| (b) For the renewal of licence for the district in which the money-lender is first registered. \| Three rupees a year. \| \| (c) For the grant[or renewal of] [Substituted for the word 'of ' by Punjab Government Notification No. 6370-J-41/57790, dated 5.11.1941.] licence for every other district to which validity of the licence may be extended. \| Two rupees a year subject to a maximum of fifteen rupees a year (including the initial fee) for the whole[State] [Substituted for the word 'Province' by the Adaptation of Laws Order, 1950.] . \| (2) The fee for the issue of a duplicate copy of a registration certificate or of a licence, in event of the loss of the original document, shall be one rupee for each duplicate copy.] ### 13. Grant of licence. [Section 5]. - (1) After the applicant has deposited the prescribed fee in the Government treasury and has produced the treasury receipt therefor, the Collector shall issue a licence in form D annexed. (2) [ If the applicant does not deposit the fee within the prescribed period his application shall be consigned to the General Record Room and he shall submit a fresh application for the grant of a licence.] [Added by Punjab Government Notification No. 6163-J-41/54523, dated 21.10.1941.] ### 14. Renewal of licence. [Section 5]. - An application for the renewal of a licence shall be made not less than one month before its expiry : Provided that the Collector may for sufficient reasons condone a delay not exceeding one month on payment of a penalty of two rupees. ### 15. Maximum period for which licence may be issued/renewed. [Section 5]. - A licence may be issued or renewed for a period not exceeding three years at one time, on pre-payment by the applicant of the full fees for the period. ### 16. Licences ordinarily valid for the District. [Section 5]. - Licences shall ordinarily be made valid for the district of issue only, but it shall be open to the Collector after making such inquiries as he considers necessary from the Collector of any other district, to extend the validity of a licence so as to include the area of that district. ### 17. Service of notice. [Section 7(1) ]. - Notices issued under the proviso to sub-section (1) of section 7 of the Act shall be in form E annexed, and shall be served in accordance with the procedure laid down in Order V of the First Schedule to the Code of Civil Procedure for the service of summons. ### 18. Cancellation of licence. [Section 7] - As soon as any order is made by the Collector for the cancellation of a licence the money-lender shall surrender the same, and the Collector shall endorse thereon the word "Cancelled" in red ink under his signature with the date of so doing. ### 19. Publication of cancellation of licence. [Section 6] - (1) The cancellation of a licence by a Collector under section 6 of the Act shall be published in the Haryana Government Gazette, and any order made in appeal or review for the restoration of a licence shall be published in the same way. (2) Intimation of all orders referred to in the preceding sub-rule shall also be given by the authority making the order to the District Judge of every district in which the licence is operative, with the request that the substance of the order be communicated to all the subordinate civil courts. ### 20. Appeals. [Section 11] - (1) Every appeal against an order of a Collector under section 6 of the Act shall be preferred in the form of a memorandum [duly verified] [Added by Haryana Government Notification No. GSR 35/PA3/1938 S.13/73, dated 30.11.1973.] stamped as required under Article I(c) of Schedule II of the Court Fees Act, 1870, and shall be accompanied by an attested copy of the order appealed against. (2) As soon as an appeal is filed the Commissioner shall cause notice of the same to be given to the Collector against whose order it is directed and shall invite him to make such commencements as he may consider necessary in connection with the grounds of appeal. (3) Notice of the appeal shall also be served on any other person who may have moved the Collector under sub-section (1) of section 7 of the Act or who may have otherwise appeared as a party before him. (4) In all other respects the procedure in appeals under the Act shall be governed by the provisions of the Punjab Tenancy Act, 1887, and the rules made thereunder for the hearing of appeals against the orders of revenue officers, so far as they can be made applicable. ### 21. Every application under sub-section (2) of section 7 or sub-section (sic) or sub-section (5) of section 11 of the Act shall bear a court fee stamp as laid down in Article 1(b) or 1(c), as the case may be, in Schedule II of the Court Fees Act, 1870. ### 22. Decision on appeals etc. communication regarding. [Section 11]. - If an original order under section 6 or sub-section (2) of section 7 or an appellate order under section 11 of the Act is announced in the absence of the money-lender, it shall be communicated to him by registered post (acknowledgement due). ### 23. Dismissal of appeal, grant of certificate for instituting suit. [Section 11] - When a certificate is granted by a Commissioner to a money- lender under sub-section (3) of section 11, it shall be in form F annexed to these rules. Form A Application for registration of a Money-lender (Section 4 of the Punjab Registration of Money-lenders Act, 1938) In the office of the Collector of \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \| \| \| \| --- \| --- \| \| Tahsil \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \| (Here give the name of the tahsil containing the town or village where the money-lender resides or has his principal place of business) \| \| Town \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \| (Here give the name of the town or the village where the money-lender resides or has his principal place of business) \| \| (a) Name of the applicant, with parentage, caste, residence, and address in full. \| \| \| (b) In cases where the applicant is a firm, the names of all persons constituting it, with parentage, caste, residence and address in full of each \| \| \| (c) In cases where the applicant is a firm : whether it is a Hindu joint family firm or otherwise constituted, and whether it has been registered under the Indian Partnership Act, 1932. \| \| \| (d) Name of style under which the applicant carries on his money-lending business. \| \| \| (e) Names of the districts within which the applicant has his business on the date of the application. \| \| \| (f) Names of the districts to which the applicant wishes in future to extend his business. \| \| \| (g) Location of the applicant's principal place of business, with full particulars thereof and the name, parentage, caste and address of the person in charge. \| \| \| (h) Has the applicant any office at any other station ? If so, give complete particulars with the name, parentage, caste and address of the person in charge of each office. \| \| \| (i) What is the extent of the total business of the applicant on the date of application ? \| \| \| (j) For how long has the applicant carried on the business of money-lending ? \| \| \| (k) Whether any application for registration had previously been made by the applicant : or where the applicant is a firm, by any one or more of its members singly or jointlyinter seor with any other person under any name. If so, when, where and with what result ? \| \| \| (l) (i) In case the applicant had previously been registered and licensed, give full particulars of the licence. \| \| \| (ii) State whether any licence granted previously to the applicant (or where the applicant is a firm, to any one or more of its members singly or jointlyinter seor with any other person) has been cancelled. If so, full particulars should be given, including the name of the officer and terms of the order cancelling the licence. \| \| \| (m) Whether money-lending is the sole business of the applicant or whether he is engaged in any other business, profession or calling. \| \| Certified that all the facts set out in the application are true to my knowledge except paragraphs \_\_\_\_\_\_\_\_ which are true to my belief being based on information supplied by \_\_\_ \| \| \| \| --- \| --- \| \| (Signature of the person making the verificationwith the date and place of so doing) \| (Signature of the applicantwith date.) \| Form 'B' Money-lender's Registration Certificate (Section 4 of the Punjab Registration of money-lenders Act, 1938) District \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Tahsil \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Register No. \_\_\_\_\_\_\_\_\_\_\_\_\_ Certified that \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Son/daughter/wife of \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ caste \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ resident of \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_the firm \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ With \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_his/her/ its principal place of business at \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ has been registered as a money-lender under section 4 of the Punjab Registration of Money-lenders Act, 1938, on the \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ day of \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ 19 \The registered firm is constituted by - ### 1. \_\_\_\_\_\_\_\_\_\_\_, son of \_\_\_\_\_\_\_\_\_\_, caste \_\_\_\_\_\_\_\_\_\_\_ resident of \_\_\_\_\_\_\_\_ ### 2. \_\_\_\_\_\_\_\_\_\_\_, son of \_\_\_\_\_\_\_\_\_\_, caste \_\_\_\_\_\_\_\_\_\_\_ resident of \_\_\_\_\_\_\_\_ ### 3. \_\_\_\_\_\_\_\_\_\_\_, son of \_\_\_\_\_\_\_\_\_\_, caste \_\_\_\_\_\_\_\_\_ resident of \_\_\_\_\_\_\_\_\_ ### 4. \_\_\_\_\_\_\_\_\_\_, son of \_\_\_\_\_\_\_\_\_\_\_, caste \_\_\_\_\_\_\_\_\_\_\_ resident of \_\_\_\_\_\_\_\_ ### 5. \_\_\_\_\_\_\_\_\_\_\_, son of \_\_\_\_\_\_\_\_\_\_, caste \_\_\_\_\_\_\_\_\_\_\_ resident of \_\_\_\_\_\_ ### 6. \_\_\_\_\_\_\_\_\_\_\_, son of \_\_\_\_\_\_\_\_\_\_\_\_, caste \_\_\_\_\_\_\_\_\_\_ resident of \_\_\_\_\_\_\_ (Seal of the Collector) Signed \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, Collector, District \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \Where the money lender is a single individual cross out this portion. Form 'C' Application for the \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_grant/renewal of Money-lender's Licence (Section 5 of the Punjab Registration of Money-lenders Act, 1938) In the office of the Collector \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, Tehsil \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Town/village \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, Post Office/Police Station \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ The applicant submits as follows :- (1) That he is registered money-lender in the district with necessary particulars being. Tehsil \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Town/village \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, Post Office/Police Station \_\_\_\_\_\_\_\_\_\_\_\_\_\_ Register No. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (2) That since the commencement of the Act \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_application for the grant of the previous Licence dated \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_. no court has given any finding against the applicant with regard to acts or omissions of the kind referred to in section 6 of the Act, with the following exceptions : (1) \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (2) \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (3) That on the date of this application his total business does not exceed Rs. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ as principal (4) That he prays that \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ he may be granted a licence/his licence which expires on \_\_\_. for the year may be renewed for three \years \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ to \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ on the prescribed terms in regard to fee and otherwise. \For the word "Calender" omitted by Punjab Government Notification No. 6163-J-41/54523, dated 21.10.1941. Verified that all the facts set out in the application are true to my knowledge except paragraphs \_\_\_\_\_\_\_\_ which are true to my belief based on the information supplied by \_\_\_\_\_ (Signature of the person making the verification, with date and place.) Signed \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Dated \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Form 'D' Money-Lender's Licence (Section 5 of the Punjab Registration of Money-lenders Act, 1938) District \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Tehsil \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Town/Village \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Post Office/Police Station \_\_\_\_\_\_\_\_\_\_\_\_\_\_ Licence No. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ This licence has been granted to \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ to practise as a money-lender on the following terms :- (a) This licence will be valid up to \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (b) It shall entitle the licensee to carry on the business of money- lending within the area of \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (c) The licensee shall report to the Collector issuing this licence any finding which any court may during its currency give against him regarding acts or omissions of the kind described in section 6 of the Act. (d) The licensee shall surrender the licence when ordered to do so by the Collector granting it or by the Commissioner or any court. (Seal of the Collector) Signed \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Collector, Dated \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Form 'D' Renewal This licence has on payment of the proper fees been renewed as under :- From \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ to \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (Signature of the officer granting renewal) Dated \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Form 'E' Notice of Money-lender [Section 7(1) of the Punjab Registration of Money-lenders Act, 1938.] In the Office of the Collector \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_district (Notice under section 7 of the Punjab Registration of Money- lenders Act, 1938). To \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (Here give the name and full particulars of the money-lender, whether an individual or a firm, and in case of a firm, give the name, and full particulars of the manager in addition). Whereas it has come to my notice that in the \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_case/cases noted over-leaf a \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_finding/findings adverse to you \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ has/have been given by the \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_court/courts therein mentioned, you are hereby called upon to appear before me personally or through a duly authorised agent or lawyer on \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ at \_\_\_\_\_\_\_\_\_\_\_ and show cause why your licence should not be cancelled for such period as may be considered proper by me. Further take notice that if you fail to appear at the appointed time and place, the case will be heard and disposed of in your absence. Signed \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Collector Dated \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (Seal of Collector's Office) (Reverse) Particulars of case/cases \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| Name of the Court \| Name of parties \| Date of decision \| Nature of the adverse finding \| \| \| \| \| \| Form 'F' Commissioner's Certificate [Sub-section (3) of section 11 of the Punjab Registration of Money-lenders Act, 1938.] Certified that \_\_\_\_\_\_\_\_\_\_\_\_, son of \_\_\_\_\_\_\_\_\_\_\_\_\_, caste \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, resident of \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Tahsil \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, District \_\_\_\_\_\_\_\_\_\_\_ whose appeal No. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ of 19 \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ against the order of the Collector \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, dated \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, has today been dismissed, has been allowed to prosecute if already filed, or to file and prosecute, suits for the recovery of the undermentioned loans and application for the execution of the undermentioned decrees :- Loans ### 1. Loan of Rs. \_\_\_\_\_\_\_\_\_ dated \_\_\_\_\_\_\_\_\_, raised by \_\_\_\_\_\_\_\_\_\_\_\_\_\_ son of \_\_\_\_\_\_\_\_\_\_\_, Town/Village \_\_\_\_\_\_\_\_\_\_\_\_, Tahsil \_\_\_\_\_\_\_\_ District \_\_\_\_\_\_\_\_\_ ### 2. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, ### 3. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, etc. Decrees ### 1. Decree No. \_\_\_\_\_\_\_, dated \_\_\_\_\_\_, from Court of \_\_\_\_\_ for Rs. \_\_\_\_\_\_\_\_ against\* \_\_\_\_\_\_\_\_, son of \_\_\_\_\_\_ of Village/Town \_\_\_\_\_\_\_ Tahsil \_\_\_\_\_\_\_, District \_\_\_\_\_\_\_, ### 2. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, ### 3. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, etc. Signed \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Commissioner, \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_Division Dated \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (Seal of the Commissioner) \*In case of a firm give its name and cross out blanks not relevant.
65b92165ab84c7eca86e8605	acts	State of Uttar Pradesh - Act ------------------------------ The Hastinapur Town Development Board Act, 1954 ------------------------------------------------- UTTAR PRADESH India The Hastinapur Town Development Board Act, 1954 ================================================= Act 14 of 1955 ---------------- * Published on 4 June 1955 * Commenced on 4 June 1955 The Hastinapur Town Development Board Act, 1954 (U.P. Act No. 14 of 1955 ) [Dated 4th June, 1955] Received the assent of the President on 4th June; T955 arid published in U. P. Gazette (Extra) , dated 7th July, 1955 (As passed by the Uttar Pradesh Legislature) An Act to provide for the establishment of a Town Development Board at Hastinapur in the District of Meerut for the purposes of constructing and developing a township and setting therein displaced persons and for other matters connected therewith Whereas it is expedient to provide for the establishment of a Development Board at Hastinapur in the District of Meerut for the purposes of constructing and developing a township and setting therein displaced persons and for other matters connected therewith ; It is hereby enacted in the Fifth Year of the Republic of India as follows; Chapter I Preliminary -------------------------- ### 1. Short title, commencement and duration. (1) This Act may be called the Hastinapur Town Development Board Act, 1954. (2) It shall come into force from such date as the State Government shall notify in that behalf in the Official Gazette. (3) It shall cease to have effect on the expiry of [31st December, 1968] [First Substituted by U. P. Act No. IV of 1960 and again Substituted by U. P. Act No. X of 1963 and then Substituted by U. P. Act No. IX of 1966.] except as respects things done or omitted to be done before that date and Section 6 of the U. P. General Clauses Act, 1904 shall apply upon the expiry of this Act, as if it had then been repealed by the Uttar Pradesh Act. ### 2. Definitions. - In this Act, unless there is anything repugnant in the subject or context- (a) "Administrator" means the administrator of the Board appointed under Section 10 ; (b) "Board" means the Hastinapur Town Development Board, constituted under Section 3 ; (c) "Central Government" means the Government of India ; (d) "Chairman" means the Chairman of the Board ; (e) "Displaced person' means person who, on account of the setting up of the Dominions of India and Pakistan or on account of civil disturbances or the fear of such disturbances in any area now forming part of Pakistan, has been displaced from, or has left his place of residence in such area and who has subsequently been residing in any part of India ; (f) "Member" means a member of the Board and includes the Chairman ; (g) "Prescribed" means prescribed by rules made under this Act ; (h) "State Government" means the Government of Uttar Pradesh ; and (i) "Township" means the township to be constructed and developed by the Board at Hastinapur or in the vicinity of Hastinapur. Chapter II The Hastinapur Town Development Board ----------------------------------------------------- ### 3. Establishment and incorporation of Hastinapur Town Development Board. (1) The State Government may, by notification in the official Gazette, constitute a Board to be called the Hastinapur Town Development Board for the purpose of constructing and developing a township at Hastinapur in the District of Meerut, settling therein displaced persons, exercising such other powers or discharging such other functions as are conferred on, or may be assigned to the Board by or under this Act or under any other law. (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 and rules made thereunder, to acquire, own or transfer property, movable or immovable, and shall by the said name sue and be sued. ### 4. Constitution of the Board. (1) The Board shall consist of the following members, namely,- (a) a Chairman to be appointed by the State Government after consultation with the Central Government ; (b) two persons to represent the Central Government to be appointed by the State Government after consultation with the Central Government ; (c) two persons to represent the State Government to be appointed by the State Government. (2) The names of members appointed under sub-section (1) shall be published in the Official Gazette, and every such appointment shall take effect from the date on which it is so published. ### 5. Terms and conditions of office of members. (1) The terms of office of the Chairman and other members shall subject to [subsection (3)] [Substituted by U. P. Act No. XXX of 1959.] be such as may be prescribed. (2) The Chairman or any other member may resign his office by writing under his hand addressed to the State Government but his resignation shall take effect from the date on which its acceptance is notified in the official Gazette. (3) A member shall hold office during the pleasure of the State Government. (4) A casual vacancy caused by registration under sub-section (2) or for any other reason shall be filled by fresh appointment in accordance with the provisions of Section 4. A member appointed to fill a casual vacancy shall be appointed to serve the remainder of his predecessor's term of office. ### 6. Committee of the Board. (1) The Board may, from time to time, in a view to give effect to the purposes of this Act, appoint one or more Committee consisting of such persons as it thinks fit. (2) The Board may- (a) refer to such Committee, for inquiry and report any matter relating to any of the purposes of this Act ; (b) delegate to such Committee by a specific resolution and subject to with any rules made in this behalf, any of the powers and duties of the Board relating the subject-matter for which such Committee has been appointed. (3) The Board may, at any time by resolution dissolve or alter the constitution of any such Committee. (4) Every Committee shall carry out any instruction given to it by the Board, and every final decision of such Committee shall, subject to any rule to the contrary, be laid before the confirmation. ### 7. Vacancies amongst members or defects in the constitution not to invalidate acts or proceedings of the Board or Committee. - No act or proceeding of the Board or of its Committees shall be invalid by reason only of the existence of any vacancy among its members or any defect in the constitution thereof. ### 8. Meetings of the Board. (1) The Board shall meet at such times and places and shall, subject to the provisions of this section, observe such rules of procedure in regard to transaction of business at its meetings as may be prescribed : Provided that the Chairman may, whenever he thinks fit, and shall, upon the written request of not less than two members, call a special meeting. (2) The quorum necessary for the transaction of business at a meeting of the Board shall be three. (3) The Chairman or, in his absence, any member chosen by the members present from among themselves, shall preside at a meeting of the Board. (4) All questions at a meeting of the Board shall be decided by a majority of the votes of the members present and voting, and in the case of an equality of votes, the Chairman or, in his absence, the person presiding, shall have a second or casting vote. (5) Minutes of the proceedings of each meeting (together with the names of the members present) shall be recorded in a book to be provided for the purpose, and shall be signed by the person presiding at the next ensuing meeting, and shall thereafter be circulated to each member and shall, at all reasonable times, be open to inspection by any members, free of charge. ### 9. Officers and servants of the Board. - Subject to the provisions of this Act any rules made thereunder, the Board may appoint such officers and servants as it considers necessary for the efficient performance of its functions on such terms and other conditions of service as it may consider proper. ### 10. Administrator of the Board. (1) There shall be an administrator of the Board who shall be appointed by the State Government after consulting with the Central Government upon terms and conditions to be prescribed. (2) The Administrator shall be the principal Executive Officer of the Board and all other officers and servants of the Board shall be subordinate to him. (3) The Administrator shall be the ex officio Secretary to the Board and shall have the right to speak at, and otherwise take part in, any meetings of the Board or a Committee thereof but shall not have the right to vote thereat. ### 11. Temporary association of other persons with the Board. - The Board may associate with itself in such manner and for such purposes as may be prescribed by any person whose assistance or advice it may desire in carrying out of the provisions of this Act, and such person shall have the right to take part in the discussions of the Board relevant to that purpose but shall not have a right to vote. Chapter III Functions and Power of the Board ------------------------------------------------- ### 12. Extent of the area of operation of the Board. (1) The State Government may, by notification in the Official Gazette, specify the territorial limits of the township and may, by a like notification, extend or vary such limits and the area for the time being so specified shall be called the area of operation. (2) The Board shall carry out all or any of its functions and exercise all or any of its powers within the area of operation. ### 13. General functions of the Board. - Subject to the provisions of this Act, the Board shall have power- (a) to acquire and hold such property, movable or immovable, as the Board may deem necessary for efficiently performing its function under this Act and to sell, lease or otherwise transfer any such property; (b) to promote or carry on any trade, business or industry; (c) to construct, or cause to be constructed, residential or other buildings; (d) to sell, lease or let out on hire any building or site held by the Board to a displaced person and other person upon terms and conditions to be prescribed; (e) to provide drains, sewers, water supply and lighting of streets; (f) to undertake measures to promote public health, sanction, education and social welfare; (g) to promote and operate schemes of water supply, drainage and irrigation; (h) to promote and operate, subject to the provisions of any law for the time being in force relating to the supply and use of electrical energy, schemes for the transmission and distribution of electrical energy; (i) to promote afforestation and to control soil erosion in accordance with the law In that behalf; (j) to take such steps as may be necessary to improve the economic and social conditions of people with its jurisdiction; and (k) to perform such other functions as may be prescribed. ### 14. Power of the Board to impose taxes. (1) The Board may, with the previous sanction of the State Government, impose in the area of operation all taxes which a Municipal Board is authorised to impose under Chapter V of the U.P. Municipalities Act, 1916, in accordance with the procedure arid subject to the restrictions and conditions specified therein. (2) Any tax imposed under sub-section (1) shall have effect from the date of Its notification in the official Gazette and shall, as far as may be, be recovered in the manner provided In Chapter VI of the said Act. ### 15. Powers of the Board under the U. P. Municipalities Act, 1916. - The provisions of Chapters VII, VIII, IX (except Section 29) and X of the U. P. Municipalities Act, 1916, in so far as such provisions are not inconsistent with the provisions of this Act, shall as far as may be, apply to the area of operation and all references in the said provisions to the Municipality, Board, President or any officer of the Board shall be construed as references to the township, the Board constituted under Section 3, the Chairman or officers thereof as the case may be. Note.-The State Government has imposed the following tax in the area of operation with effect from first day of January, 1964, vide Notification No. 5857-F/XI-A-687-1962, dated Jan. 1, 1964, published in U.P. Gazette Extraordinary, of the same date :- Description of tax.-A tax on the annual value of ail buildings or lands or both situated within the area of operation of the hastinapur Town Development Board, shall be levied every year at the rate of 10 per cent of such value : Provided that the tax shall not be payable in respect of- (a) buildings and lands solely used for purposes connected with the disposal of the dead; (b) buildings and lands or portions thereof solely occupied and used for public worship or for a charitable purpose; (c) buildings solely used as jails, court-houses, treasuries, schools and colleges; (d) ancient monuments as defined in the Ancient Monuments Preservation Act, 1904 (Act No. VII of 1904); subject to any direction of the State Government in respect of any such monument; (e) any buildings or land the annual value of which is less than twenty four rupees; and (f) buildings and lands vesting in the Union of India except where provisions of clause (2) of Article 285 of the Constitution of India apply- Chapter IV Property, Finance, Accounts and Audit ----------------------------------------------------- ### 16. Vesting of property in the Board. - All property movable or immovable, and other assets owned or acquired by the Central Government or the State Government for the purposes of the construction and development of the township at any time before the construction of the Board, other than the property specified in Section 17, shall, on such constitution and subject to such restrictions and conditions as may be prescribed, vest in the Board for the purposes of this Act. ### 17. State Government's property. - The following property situated in the township shall, notwithstanding anything in Section 16, continue to be vested in and belong to the State Government, that is to say : (1) The Hospital Buildings and all accessories thereof. (2) The Anti-Malaria Laboratory buildings. (3) The residence of the Medical Officer. (4) The residence of the Anti-Malaria Officer. (5) The compounders quarters. (6) The nurses or ward-boy's quarters. (7) The Veterinary Hospital. (8) The menial staff quarters. (9) The quarters built for the Veterinary Assistant and staff. (10) The dairy buildings and quarters built for the dairy Superintendent and the staff and the tube-well for the dairy. (11) The power house and the quarters built for the Assistant Engineer and the Staff. (12) The residence of the Administrative Officer and Office buildings. (13) The Inspection House together with its out-houses, garages, stables, etc. (14) The quarters of the Agriculture staff. (15) The Forest Rest House and buildings. (16) The Panchayat Ghar. (17) The Agricultural Seed Store building. (18) The Rural Tractor Workshop. (19) The Co-operative buildings. ### 18. Expenditure before the constitution of the Board. - All expenditure incurred by the Central Government or by the State Government at any time before the constitution of the Board for any of the purposes of this Act, other than the expenditure incurred on account of the construction and maintenance of the buildings mentioned in Section 17, or expenditure specified in this behalf by the State Government by notification in the Official Gazette, shall be deemed to be the expenditure of the Board and all expenditure incurred by the Central Government shall, for the purposes of Section 21, be treated as loan advanced to the Board. ### 19. Fund of the Board. (1) The Board shall have its own fund and all grants and advances made to it, from time to time, by the Central Government or the State Government and all receipts of the Board shall be credited thereto and all payments by the Board shall be made therefrom. (2) Except as otherwise directed by the State Government all moneys belonging to that fund shall be deposited in such scheduled bank or invested in such securities as may be approved by the State Government. ### 20. Power of the Board to spend. - Subject to such limitations and restrictions as may be prescribed, the Board shall have power without reference to the State Government to spend such sums as it thinks fit for the purposes of this Act, and such sums shall be deemed to be expenditure payable out of the fund of the Board : Provided that no sum shall be expended by or on behalf of the Board unless the expenditure of the same is covered by a current budget grant approved by the State Government. ### 21. Repayment of loans and interest. (1) All loans advanced to the Board by the Central Government or the State Government together with the interest accruing thereon at such rate as may, from time to time, be fixed by the Central Government or the State Government as the case may be, shall be first charge on the fund and other properties or assets of the Board and the Board shall repay such loans with the interest thereon in such manner and in such number of instalments as may be determined by the appropriate Government and every such repayment shall be deemed to be a part of the expenditure of the Board. (2) For the purposes of any loan granted to it by the State Government, the Board shall be deemed to be a local authority within the meaning of the Local Authorities Loans Act, 1914. ### 22. Provision for depreciation, reserve and other funds. - The Board shall make such provision for depreciation and for reserve and other funds as the State Government may, from time to time, direct. ### 23. Amount due to the Board to be first charge. (1) Notwithstanding anything contained in any law for the time being in force where a building or site has been sold, leased or let out on hire under clause (d) of Section 13 to any displaced person or any other person, the amount due to the Board on account of the sale, lease or hire, together with any interest thereon, shall be the first charge on the building, machinery, stock and other assets of such displaced person or others as the case may be. (2) Any money due to the Board under sub-section (1) may be recovered as an arrear of land revenue on an application made to the Collector by the Board. ### 24. Budget. - The Board shall prepare, in such form and at such time In each year as may be prescribed, a budget in respect of every financial year next ensuing, showing the estimated receipts and expenditure during such financial year and submit it to the State Government for approval and a copy of the budget so approved shall be forwarded by the Board to the Central Government for information. ### 25. Annual report. - The Board shall, as soon as may be on the expiry of each financial year, prepare in such form and before such date as may be prescribed, an annual report giving a true and full account of its activities during the previous financial year and copies thereof shall be submitted by the Board to the Central Government and the State Government. ### 26. Accounts and Audit. (1) The Board shall cause to be maintained such books of accounts and other books in relation to its accounts in such form and in such manner as may be prescribed. (2) The accounts of the Board shall be audited by such authority, at such times and in such manner as may be prescribed. Chapter V Miscellaneous ---------------------------- ### 27. Directions by the State Government. - The State Government may, after consultation with the Central Government, give to the Board general instructions to be followed by the Board and such instructions may include a direction to the Board regarding the exercise of its powers and performance of its duties under this Act in such manner as may be specified in the direction and such direction shall be binding on the Board. ### 28. Power to call for return, statement, information, etc. (1) The Board shall furnish to the State Government at such times and in such form and manner as may be prescribed by the State Government or as the State Government may direct, such returns and statements and such particulars in regard to any proposed or existing scheme as the State Government may from time to time, require. (2) The State Government may at any time by order In writing addressed to' the Administrator require him to furnish it With such information, statement, report or documents in regard to any matter relating to the functions or acts of the Board or any of its members, officers or servants and the Administrator shall without delay comply with such order accordingly. ### 29. Power to prohibit execution of resolution or order of the Board. (1) The State Government may by order in writing, prohibit the execution or further execution of a resolution or order passed or made under this Act by the Board if in the opinion of the State Government such resolution or order is of such nature as to cause or tend to cause obstruction, annoyance or injury to the public or to any class or body of persons lawfully employed, and may prohibit the doing or continuance by any person of any act in pursuance of or under cover of such resolution or order. (2) A copy of every order passed under sub-section (1) together with other relevant documents shall be forwarded by the State Government to the Central Government. ### 30. Emergency powers of the State Government. (1) If in the opinion of the State Government an emergency exists it may direct that any work or act which the Board is empowered under this Act to execute or do, and the immediate execution or doing of which is, in its opinion, necessary for the safety or protection of the public, shall forthwith be executed or done and that the expense of executing the work or of doing the act shall be paid out the fund of the Board. (2) If the expense order to be paid under sub-section (I) is not forthwith paid, the State Government may make an order directing the persons having the custody of the fund of the Board to pay the expenses, or so much thereof as may, from time to time, be possible, from such fund in priority to all other charges against the same. (3) A copy of every order passed under sub-section (1) or (2) shall be forwarded by the State Government to the Central Government. ### 31. Representation of the Board. (1) When the State Government has made an order under Section 29 or 30 the Board may, within three months of the date to the receipt of such order, make such representation to the State Government as it thinks fit, and the State Government may then either confirm, modify or rescind the order. The order so passed by the State Government shall be final. (2) A copy of every order passed under sub-section (1) shall be forwarded by the State Government to the Central Government. ### 32. Power of Government to supersede. (1) If the Board, in the opinion of the State Government, becomes incompetent to perform, or has persistently made default in the performance of the duties imposed on it by or under this Act, or is exceeding or abusing its powers, the State Government may, after consultation with the Central Government, by notification in the Official Gazette, supersede the Board for such period as may be specified in the notification : Provided that before issuing a notification under this sub-section, the State Government shall give a reasonable opportunity to the Board to show cause why it should be superseded and shall consider the explanations and objections, if any, of the Board. (2) When the Board is superseded under sub-section (1) the following consequences shall ensue, namely,- (a) all the members of the Board shall, as from the date of the supersession, vacate their offices as members ; (b) all the powers and the duties which may, by or under the provisions of this Act, be exercised or performed by or on behalf of the Board shall, during the period of suspension be exercised and performed by such person or persons as the State Government after consultation with the Central Government may decide ; (c) all property in the Board shall, during the period of supersession, vest in the State Government. (3) On the expiration of the period of supersession specified in the notification under sub-section (1), the State Government may, after consultation with the Central Government- (a) from time to time extend the period of supersession for such further time as it may consider necessary ; or (b) constitute the Board in the manner provided in Section 4. (4) A copy of every order passed under this section shall be forwarded by the State Government to the Central Government. ### 33. Dispute. - If any dispute, for the resolution of which this Act does not otherwise provide, arises between the Board and any other local authority, the matter shall be referred to the State Government and the decision of the State Government thereon shall be final : Provided that where such dispute exists between the Board and a cantonment Board the State Government shall before giving its decision consult the Central Government. ### 34. Power of entry. - Whenever it is necessary for the Board to carry out any of its works or to take any survey or examination or investigation preliminary or incidental to the exercise of powers or the performance of duties by the Board under this Act, any officer of the Board, generally or specially empowered by it, may enter upon any land or premises between sunrise and sunset after giving reasonable notice of the intention to make such entry to the owner or occupier of such land or premises, and at any other time with the consent in writing of the owner or occupier of such land or premises, for the purpose of the carrying out of such works or the making of such survey, examination or investigation. ### 35. Delegation. - The Board may by resolution delegate to the Chairman or any member, officer or servant of the Board, subject to such conditions and limitations, if any, as may be specified in the resolution, such of its powers and duties under this Act as it may deem necessary for the efficient running of the day-to-day administration of the Board. ### 36. Compulsory acquisition of land for the Board. - Any land required by the Board for carrying out any of the purposes of this Act shall be deemed to be needed for a public purpose and such land shall be acquired for the Board as if the provisions of the Land Acquisition Act, 1894, were applicable to it and the Board were a company within the meaning of clause (e) of Section 3 of the said Act. ### 37. Exemption from circumstances and Property Tax. - The Provisions of the District Boards Act, 1922, shall, in relation to the township, be so construed and have effect as if the township were a municipality and the Board a Board constituted under the U. P. Municipalities Act, 1916. ### 38. Members, officers and servants of the Board to be public servants. - All members of the Board, and all officers and servants of the Board whether appointed by the State Government or the Board, when acting or purporting to act in pursuance of any of the provisions of this Act, shall be deemed to be public servants within the meaning of Section 21 of the Indian Penal Code. ### 39. Procedure for prosecution. - Unless otherwise expressly provided, no Court shall take cognizance of any offence under the Act or under any rules made thereunder except on the complaint of the Board or a person authorised by the Board in this behalf. ### 40. Bar on legal proceedings. - No suit or legal proceeding shall lie against any officer or servant of the Board in respect of anything done or purported to have been done in good faith under the provisions of this Act. ### 41. Dissolution of Board and transfer of its assets and liabilities to any local authority. (1) When the township has been constructed and developed or has so far constructed and developed as to render the continued existence of the Board in opinion of the State Government unnecessary, the State Government may, in consultation with the Central Government, by notification in the Official Gazette, declare that the Board shall be dissolved on such date as may be specified in the notification and the Board shall be deemed to be dissolved accordingly. (2) On and from the said date- (a) all properties, funds and dues placed at the disposal of the Board and all properties situated within the area of operation which immediately before the said date, were held by or realisable by the Board, shall vest in and be realisable by such local authority as may be constituted by the State Government under any law for the time being in force; (b) all liabilities which immediately before the said date, were enforceable against the Board shall be enforceable against the said local authority; (c) for the purpose of completing the execution of any work undertaken but not fully executed by the Board, and of realising properties, funds and dues referred to in clause (a), the functions of the Board under this Act shall be discharged by the said local authority ; and (d) the said local authority shall keep separate accounts of all moneys respectively received and expended by it under this Act, until all loans raised thereunder have been repaid and until all other liabilities referred to in clause (c) have been duly met. ### 42. Power to make rules. (1) The State Government may, subject to the condition of previous publication by notification in the Official Gazette, make rules for carrying out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for the following matters, namely- (a) the term of office of members, the manner of filling casual vacancies and the allowances or fees to be paid to any member or associate member of the Board ; (b) the terms and conditions of service of officers and servants of the Board appointed under Section 9 ; (c) the term and conditions of service of the Administrator appointed under Section 10 ; (d) the functions and duties of the Administrator ; (e) the time and place of meetings of the Board and the procedure to be followed in regard to transaction of business at such meetings ; (f) the time and the manner in which the accounts of the Board shall be maintained and audited ; (g) the form in which the budget and annual report shall be prepared and submitted to the State Government and the Central Government under Sections 24 and 25 ; (h) the service of notices and orders under this Act ; (i) any other matter which is to be, or may be prescribed. (3) All rules made under this section shall be published in the Official Gazette. (4) Any rule made under this Act may provide that a contravention thereof shall be punishable with fine which may extend to five hundred rupees. ### 43. Savings. - It is hereby declared that all things done and all actions taken or purporting to have been done or taken by the body known as the Hastinapur Town Development Board constituted by the Central Government for the purposes of the construction and development of the township at any time before the construction of the Board under this Act, shall, notwithstanding any defect in, or invalidity of, the construction of the said body, be deemed to be things validly done and action validly taken by the Board constituted under this Act as if this Act were in force and the Board were in existence at the time when such thing was done or such action was taken.
65ba7ffcab84c7eca86ebbfc	acts	Union of India - Act ---------------------- Authorising Certain Port officers to Exercise the Powers and Discharge Functions Under Section 176 of the Act --------------------------------------------------------------------------------------------------------------- UNION OF INDIA India Authorising Certain Port officers to Exercise the Powers and Discharge Functions Under Section 176 of the Act =============================================================================================================== Rule AUTHORISING-CERTAIN-PORT-OFFICERS-TO-EXERCISE-THE-POWERS-AND-DISCHARGE-FUNCTIONS-UNDER-SECTION-176-OF-THE-ACT of 1961 ---------------------------------------------------------------------------------------------------------------------------- * Published on 18 December 1961 * Commenced on 18 December 1961 Authorising Certain Port officers to Exercise the Powers and Discharge Functions Under Section 176 of the Act Published vide Notification the Gazette in India, 1961, Part 2, Section 3(ii) . P. 3392 ### 1. S.O. 3068, dated 18th December, 1961. - In pursuance of Section 176. of the Merchant Shipping Act, 1958 ( 44 of 1958 ), the Central Government hereby authorises Additional Port Health Officers, Deputy Port Health Officers and Assistant Port Health officers to exercise the powers and discharge the functions under the said section. [Min. of Transport and Communications, No. 3-ML(5) /61]
65b9e3ceab84c7eca86ea2fa	acts	State of Assam - Act ---------------------- The Plantations Labour (Assam Amendment) Act, 2017 ---------------------------------------------------- ASSAM India The Plantations Labour (Assam Amendment) Act, 2017 ==================================================== Act 1 of 2018 --------------- * Published in Assam Gazette on 3 March 2018 * Commenced on 3 March 2018 AN ACT further to amend the Plantations Labour Act, 1951, in its application to the State of Assam. Whereas it is expedient further to amend the Plantations Labour Act, 1951, hereinafter referred to as the principal Act, in its application to the State of Assam, in the manner hereinafter appearing; It is hereby enacted in the Sixty-eighth Year of the Republic of India as follows: ### 1. Short title, extent and commencement: (1) This Act may be called the Plantations Labour (Assam Amendment) Act, 2017. (2) It extends to the whole of the State of Assam. (3) It shall come into force at once. ### 2. Amendment of section 14: In the principal Act, for existing section 14, the following shall be substituted, namely “14. Educational Facilities. - Where the children between the ages of six and fourteen of workers employed in any plantation exceed twenty five in number, the State Government may make rules requiring every employer to provide educational facilities for the children in such manner and of such standard as may be prescribed.”
65b99f95ab84c7eca86e97ae	acts	State of Haryana - Act ------------------------ Haryana Panchayati Raj Rules, 1995 ------------------------------------ HARYANA India Haryana Panchayati Raj Rules, 1995 ==================================== Rule HARYANA-PANCHAYATI-RAJ-RULES-1995 of 1995 ------------------------------------------------ * Published on 16 February 1995 * Commenced on 16 February 1995 Haryana Panchayati Raj Rules, 1995 Published vide Haryana Notification No. G.S.R. 17/HA 11/94/209/95 dated 16-2-1995 Last Updated 22nd May, 2019 No. G.S.R. 17/HA 11/94/209/95. - In exercise of the powers conferred by sub- sections (1) and (2) of section 209 of the Haryana Panchayati Raj Act, 1994 (Haryana Act 11 of 1994) and with reference to Haryana Government, Development and Panchayats Department, Notification No. G.S.R. 7/ HA 11/94/Section 209/95, dated the 18th January, 1995, and all other powers enabling him in this behalf, the Governor of Haryana hereby makes the following rules, namely:- ### 1. Short title. - These rules may be called the Haryana Panchayati Raj Rules, 1995. ### 2. Definitions. - In these rules, unless the context otherwise requires - (i) "Act" means the Haryana Panchayati Raj Act, 1994; (ii) "day" means a calendar day beginning and ending at mid-night; (iii) "dues" means any amount recoverable under the Act including penalty and fines except in criminal cases; (iv) [ "Examiner" means the Director, Local Audit Haryana.] [Substituted vide Haryana Government Gazette LSP III dated 29.12.1995.] (v) "fees" means the fees payable under the Act; (vi) "Form" means a form appended to these rules; (vii) "house" includes courtyard whether walled or not; (viii) "Motion" means a proposal made by a panch, Sarpanch or member for the consideration of Gram Panchayat, Panchayat Samiti or Zila Parishad, as the case may be, and includes a resolution and an amendment to a motion; (ix) "person" includes any company or association or body of individuals whether incorporated or not; (x) "property" means lands, movable and immovable property belonging to, vested in, or under the management of, a Gram Panchayat, Panchayat Samiti or Zila Parishad, as the case may be; (xi) "Registrar and Sub-Registrar" means the officer appointed with that designation under the Registration Act, 1908; (xii) "Schedule" means a schedule appended to these rules; (xiii) "Section" means the section of the Act; (xiv) "Suit" means a suit by or against or affecting a Gram Panchayat, Panchayat Samiti or Zila Parishad, as the case may be, or an officer of Gram Panchayat, Panchayat Samiti or Zila Parishad in his official capacity or which is brought or defended by such officer at the expense of Gram Panchayat, Panchayat Samiti or Zila Parishad, as the case may be, and includes an appeal, an application for revision or review or execution of decree and any civil or judicial proceeding in which the Gram Panchayat, Panchayat Samiti or Zila Parishad or an officer in his official capacity, is a party or has any interest; (xv) "year" means the financial year commencing from 1st of April and ending on 31st of March following; and (xvi) Words and expressions used but not defined in these rules shall have the meanings assigned to them in the Act. ### 3. Administration of oath of allegiance. [Section 4] - Unless the Government otherwise directs, the oath under section 4 shall be administered by the Block Development and Panchayat Officer to the Panches and Sarpanch, by the Sub-Divisional Officer (Civil) to the members of Panchayat Samiti, Chairman and Vice-Chairman and by the Deputy Commissioner to the members of the Zila Parishad, President and Vice-President. ### 4. Filling of casual vacancy. [Section 6] - (1) Whenever a vacancy occurs in a Gram Panchayat, Panchayat Samiti or Zila Parishad, as the case may be, it shall be brought to the notice of State Election Commissioner and concerned District Election Officer (Panchayat) immediately by Block Development and Panchayat Officer concerned in case of Gram Panchayat, by the Executive Officer in case of Panchayat Samiti and by the Chief Executive Officer in case of Zila Parishad respectively. The vacancy shall be filled in accordance with the provisions of the Act and rules made thereunder. (2) The meeting for election of Up-Sarpanch, to fill up a casual vacancy of Up-Sarpanch shall be called and presided over by the Sarpanch following the procedure laid down in rule 75 of the Haryana Panchayati Raj Election Rules, 1994. ### 5. Meeting and conduct of business of Gram Sabha. [Section 11] - [(1) The general meeting of a Gram Sabha one during the period commencing on the 15th day of May and ending with the 15th day of June and the other during the period commencing on the 15th day of November, and ending with the 15th day of December shall be held each year in the sabha area at a public place. The time and date of the general meetings shall be fixed by Block Development and Panchayat Officer. The extraordinary general meetings of Gram Sabha shall be held in the sabha area at a public place. The time and date of extraordinary general meeting shall be fixed by the Sarpanch] [Substituted vide Haryana Government Notification No. G.S.R. 70/H.A. 11/94/Section 209/2000, dated 19.10.2000.] (2) A notice of at least fifteen clear days shall be given to the members of the Gram Sabha for holding a general meeting of the Gram Sabha. (3) (a) A notice of an ordinary general meetings of Gram Sabha shall state the nature of business to be transacted at the meeting. (b) A requisition for calling an extra-ordinary general meeting of a Gram Sabha and also a notice of such meeting shall state the purpose for which the meeting is being called. (4) A notice of a meeting of a Gram Sabha shall be published - (a) by affixing it at the office of the Gram Panchayat and other conspicuous places in the Sabha area; and (b) by making an announcement by beat of drum in the Sabha area on the day of issue of the notice under sub-rule (2) and also on the day preceding the meeting; Provided that when a meeting has been called by the Block Development and Panchayat Officer a copy of the notice shall also be affixed at the office of the Block Development and Panchayat Officer. (5) Any member of a Gram Sabha who desires to bring forward any resolution or wishes to ask any question at any meeting of the Gram Sabha shall give notice of his intention to do so to the Sarpanch, at least seven days before the meeting: Provided that the Sarpanch may, in his discretion, permit any question or the discussion of a resolution or transaction of any business for which no previous notice has been given. (6) No subject once finally disposed of by a Gram Sabha shall be reconsidered within three months of its disposal by the Gram Sabha. (7) (a) The Sarpanch may disallow the moving of discussion of any resolution or opposition which he considers to be beyond the scope of the Gram Sabha and in doing so, he shall record his reasons in writing. (b) All resolutions not disallowed by the Sarpanch shall be discussed and passed by a majority vote. (8) On receipt of notices, referred to in sub-rule (5), the Sarpanch shall have the answers prepared to the questions received and collect all relevant information pertaining to subjects proposed to be discussed in the meeting. (9) (a) At the next meeting of the Gram Sabha, the Sarpanch or with his permission a panch shall read answers to the questions duly received before the meeting. (b) A member of a Gram Sabha putting a question may withdraw the same at any time before the answer is read out at the meeting but in any such case, the question shall be expunged from the minutes. (c) If a member of the Gram Sabha, who has given due notice of any question, has not withdrawn it before the meeting is held, and is not present at the meeting, the Sarpanch may allow the question and answer to the same to be read. (10) (i) The order of business at every general meeting of a Gram Sabha may be, as under :- (a) Proceedings of the previous meeting to be read out by the Sarpanch; (b) Report of action taken by the Gram Panchayat on previous discussions of the Gram Sabha; (c) Important decisions of the Gram Panchayat after the last ordinary general meeting to be read out by the Sarpanch; (d) Questions and resolutions by members of the Gram Sabha; (e) Statement of income and expenditure to be read out item by item; (f) Audit report and reply thereto; (g) Consideration of budget prepared by the Gram Panchayat and formulation of future development programme; (h) Any other item which may be raised with the permission of the Sarpanch. (ii) If it is not possible to complete all the items on the agenda on date fixed, the meeting may be continued on any subsequent day; (11) The proceedings of every meeting of a Gram Sabha shall be recorded in Hindi, in the proceeding Book and signed or thumb marked by the Sarpanch and all members of Gram Sabha present in the meeting. (12) It shall be the duty of the Sarpanch to regulate the conduct of business at a Gram Sabha meeting and to preserve order. If any member of the Gram Sabha disregards the authority of the Sarpanch or is guilty of obstructive or offensive conduct during the meeting the Sarpanch may ask him to behave properly and on his failure to do so, direct him to withdraw from the meeting. (13) If a general meeting or extraordinary general meeting is called under sub-section (5) of section 11, the person presiding at such meeting shall be deemed to be "Sarpanch" for the purpose of this rule. Meeting of Gram Panchayat, Panchayat Samiti and Zila Parishad ### 6. Time and place of meeting and conduct of business of a Gram Panchayat. [Section 13] - (1) No meeting of a Gram Panchayat shall be held unless a notice of at least three clear days intimating the day, time and place of the meeting and the business to be transacted at the meeting, is given to the Panches and Sarpanch.Such notice shall also be pasted at the office of the Gram Panchayat : Provided that in an emergency, for reasons to be stated in writing, meeting may be called by the Sarpanch at a shorter notice. (2) For purposes of proviso to sub-section (1) of section 13, the concerned Block Development and Panchayat Officer shall be the prescribed authority. (3) The notice and agenda of a meeting of the Gram Panchayat shall be sent by the Gram Sachiv concerned and he shall attend the meeting and, if possible, make suggestions on items relating to development work. (4) The names of the panches at each meeting shall be entered in the proceeding Book of the Gram Panchayat. If a panch leaves the meeting before it is over, the fact shall be recorded in the proceedings at the stage at which he leaves the meeting. (5) The proceedings of a meeting shall be recorded as each item is disposed of by the Gram Panchayat. If a resolution has been passed unanimously the fact shall be so recorded. In other cases the names of the Sarpanch and Panches who vote for or against the resolution, shall be recorded against each resolution. (6) The order of the business as laid down in clause (1) of sub-rule (10) of rule 5 may, as far as may be applicable, apply to the business to be transacted at a meeting of a Gram Panchayat. (7) The proceedings of Gram Panchayat meeting shall be recorded in Hindi, in the Proceeding Book maintained for this purpose. ### 7. Time and place of meeting and conduct of business of a Panchayat Samiti . [Section 66] - (1) All the meetings of the Panchayat Samiti shall be held in the office of Panchayat Samiti only. (2) The agenda of meeting of Panchayat Samiti shall be prepared by the Executive Officer in consultation with the Chairman. The notice and agenda of meeting of Panchayat Samiti shall be sent by the Executive Officer through registered letter acknowledgement due at ordinary place of residence of members and through other expedient manners deemed fit. (3) The proceedings of the meeting shall be recorded in the proceeding book as each item is disposed of by the Panchayat Samiti. If a resolution has been passed unanimously the fact shall be so recorded. In other cases the names of the members including Chairman and Vice-Chairman who vote for or against the resolution shall be recorded against each resolution. (4) The order of business shall be prepared in the following manner :- (i) Questions; (ii) Papers to be laid on the table of the Panchayat Samiti for the first time; Note. - No discussion is to be allowed on these papers on the day they are laid on the table. (iii) Any motion regarding change of order of business; (iv) Appointment of members of committees; (v) Matters relating to urgent official business brought forward by the Presiding Authority; (vi) Proceedings of Standing Committees; (vii) Report of Committees; (viii) Resolution; (ix) Other official business. (5) The proceeding of the Panchayat Samiti shall be recorded in Hindi. (6) A copy of every resolution passed by the Panchayat Samiti shall be forwarded, in addition to the Deputy Commissioner, to the Chief Executive Officer concerned within 3 days from the date of meeting. ### 8. Time, place of meeting and conduct of business of Zila Parishad. [Section 126] - The provisions of rule 7 for the time, place and conduct of the business of Panchayat Samiti shall, mutatis mutandis, apply for the business of Zila Parishad. ### 9. General Provisions applicable to meeting of Gram Panchayat, Panchayat Samiti and Zila Parishad. [Sections 13, 66 and 126] - (1) Every Gram Panchayat, Panchayat Samiti and Zila Parishad shall maintain an attendance register in Form V showing the names of Sarpanch, Panches, members, Chairman, Vice-Chairman, President and Vice-President, as the case may be, with date and description of meeting. Every one of them attending the meeting shall put down/affix his initial or thumb mark in the column against his name in the said register before the beginning of the meeting. Any such person not present shall be marked absent by the presiding authority of the meeting unless he is on leave. In such situation, this fact shall be so recorded. (2) All the meetings of Gram Panchayat, Panchayat Samiti and Zila Parishad, as the case may be, shall be open to public : Provided that the presiding authority may, or at the request of majority of members present, shall in any particular case, for the reasons to be recorded in the proceeding book, direct the public in general or any particular person to withdraw. (3) If, within an hour after the time appointed for a meeting, there is no quorum, the meeting shall stand adjourned, unless all the members present agree to wait longer. (4) No member including panches shall take part in the discussion of or vote on any question, coming up for consideration at a meeting, if the question is one, in which, apart from its general application to the public, he has any direct or indirect pecuniary interest : Provided that the presiding authority may prohibit any member/Panch from voting on or taking part in the discussion of any question, in which he believes such member/panch to have such pecuniary interest or he may require such member/panch to absent himself during the discussion : Provided further that such member/Panch may challenge the decision of the presiding authority, who shall thereupon put the question in the meeting and the decision of the meeting shall be final. (5) If the presiding authority is believed by any member/panch present at the meeting to have any direct or indirect pecuniary interest in any subject under discussion, the presiding authority may, if a motion to that effect is carried, be required to absent himself from the meeting during such discussion. (6) The member concerned shall not be entitled to vote on the question referred to in second proviso to sub-rule (4) of rule 9 and the presiding authority shall not be entitled to vote on the motion referred to in sub-rule (5). (7) The presiding authority may, in case of grave disorder arising in the meeting, suspend any sitting for a time to be specified by him. (8) The presiding authority shall preserve order and shall have all powers necessary for the purpose of enforcing its decisions. (9) (i) A panch, Sarpanch or member, while speaking, shall not :- (a) comment on any matter on which a judicial decision is pending ; (b) make a personal charge against a panch, member or Sarpanch ; (c) use offensive expressions about the conduct of proceedings of Parliament, or of the legislature of any State, or of any other Gram Panchayat, Panchayat Samiti or Zila Parishad; (d) utter defamatory words; or (e) use his right of speech for the purpose of obstructing business of the Gram Panchayat, Panchayat Samiti or Zila Parishad, as the case may be. (ii) No member shall speak more than once on a motion or resolution : Provided that the Panch or member who moves a resolution or motion shall have the right to reply. (10) No speech shall, except with the permission of the presiding authority, exceed ten minutes in duration : Provided that the member of the Panchayat Samiti or Zila Parishad, as the case may be, who moves a resolution may speak for fifteen minutes in moving the same. (11) The presiding authority of the Gram Panchayat, Panchayat Samiti or Zila Parishad, as the case may be, may in case of grave disorder arising in the meeting, suspend any sitting for a time to be specified by him. (12) The Presiding authority of the Gram Panchayat, Panchayat Samiti or Zila Parishad, as the case may be, shall preserve order and shall have all powers necessary for the purpose of enforcing its decisions. (13) (i) The members shall sit in such order as the presiding authority may fix and shall speak only from their places. (ii) A member desiring to speak on any matter before the Panchayat Samiti or Zila Parishad, as the case may be, shall rise from his place but shall not speak before the presiding authority calls the name of the speaker, whereupon he shall address the presiding authority. If two or more members rise simultaneously to speak, the presiding authority shall call the member who first caught its eye to speak first. The other member or, members shall immediately resume their seats. If at any time, the presiding authority rises in its seat, any member speaking shall resume his seat. (iii) When a member is called to order by the presiding authority, he shall immediately sit down. (14) (a) A member is guilty of breach of order, if he :- (i) uses objectionable or offensive words and refuses to withdraw or offer any apology; (ii) wilfully disturbs the peaceful and orderly conduct of the meeting; (iii) refuses to obey any order from the Chair; or (iv) does not resume his seat when the presiding authority rises from its Chair or when he is called upon to do so by the presiding authority. (b) Any member may take objection to any offensive words. (c) A member who objects to offensive words should move, "that the words be taken down". If his motion is agreed to, the presiding authority shall direct that the words be taken down. (d) Objection to offensive words shall be taken down when the words are used and not after another member has begun to speak. (e) A member whose words have been taken down shall be guilty of a breach of order. (f) The presiding authority may having called the attention of the Gram Panchayat, Panchayat Samiti or Zila Parishad, as the case may be, to the conduct of a member who persists in irrelevant or invidious repetition, either of his own arguments or of the argument used by other panch or member in debate, direct him to discontinue his speech. (g) The presiding authority may direct any panch or member, who, in its opinion, is guilty of breach of order, to withdraw immediately from meeting and any member so ordered to withdraw shall do so forthwith and absent himself during the remainder of the day's meeting. If any member is so directed by the presiding authority for a second time, it may further debar the member concerned from attending one succeeding meeting of the Gram Panchayat, Panchayat Samiti or Zila Parishad, as the case may be. ### 10. No confidence motion against [-] [The words 'Sarpanch, Up-Sarpanch' omitted vide Haryana Government Notification No. G.S.R. 70/H.A. 11/94/S.209/2000, dated 19.10.2000.] , Chairman, Vice-Chairman, President, Vice-President. [Sections [-] [The figures and sign '10,' omitted vide Haryana Government Notification No. G.S.R. 70/H.A. 11/94/S.209/2000, dated 19.10.2000.] 62 and 123] - (1) For purposes of [section 123] [Substituted for 'sections 10 and 123' vide Haryana Government Notification No. G.S.R. 70/H.A. 11/94/S.209/2000, dated 19.10.2000.] [-] [Words 'the concerned District Development and Panchayat Officer and the' omitted by Haryana Notification No. S.O. 60/H.A. 11/1994/S. 209/2005. dated 2.8.2005.] Deputy Commissioner respectively shall be the prescribed authority. (2) The notice of meeting for considering motion of no confidence shall be issued atleast seven days before the date fixed for the meeting, intimating the date, time and place of meeting by proclamation by beat of drum, in the Sabha [areas] [Substituted for 'area' vide Haryana Government Notification No. G.S.R. 70/H.A. 11/94/S.209/2000, dated 19.10.2000.] concerned and by affixing a copy of same on the notice [board of the offices of concerned Gram Panchayats, Panchayat Samiti(s) and Zila Parishad] [Substituted for 'board of Gram Panchayat, Panchayat Samiti or Zila Parishad, as the case may be' vide Haryana Government Notification No. G.S.R. 70/H.A. 11/94/S.209/2000, dated 19.10.2000.] , and at other conspicuous places in the village. [The] [Substituted for 'In case of Panchayat Samiti or Zila Parishad, the' vide Haryana Government Notification No. G.S.R. 70/H.A. 11/94/S.209/2000, dated 19.10.2000.] notice shall also be issued to all the members by registered (A.D.) Post at their ordinary place of residence and also by affixing a copy of the same at the notice board of Office of Block Development and Panchayat Officer, Additional Deputy Commissioner and Deputy Commissioner and through any other expedient manner deemed proper. (3) The presiding authority of the meeting, referred to in sub-rule (2), shall be [-] [The words 'District Development and Panchayat Officer in case of Up-Sarpanch and Sarpanch,' omitted vide Haryana Government Notification No. G.S.R. 70/H.A. 11/94/S.209/2000, dated 19.10.2000.] Additional Deputy Commissioner in case of Vice-Chairman and Chairman and the Deputy Commissioner in the case of Vice-President and President. (4) The voting in the meeting shall be by the secret ballot for which the presiding authority shall make the necessary arrangements. The presiding authority shall also record the proceeding of the meeting, setting forth therein - (a) the names of [-] [The words 'panches or' omitted vide Haryana Government Notification No. G.S.R. 70/H.A. 11/94/S.209/2000, dated 19.10.2000.] members who gave the requisition and the date thereof; (b) the dates on which the notice was issued and served under sub- rule (2); (c) date, time and place of meeting; (d) number of votes polled against the motion; (e) number of votes polled in favour of motion; and (f) result. (5) If within half-an-hour after the time appointed for the meeting there is no quorum, the meeting shall stand dissolved and the notice shall lapse. ### 11. Duties and functions of Gram Sachiv, Executive Officer and Chief Executive Officer. [Sections 15, 74 and 134] - Duties and functions of Gram Sachivs, Executive Officer of Panchayat Samiti and Chief Executive Officer of Zila Parishad shall be as following :- (1) Duties and functions of Gram Sachiv. - In addition to the duties as specified in section 15 a Gram Sachiv shall perform the following duties and functions- (a) inform all panches about the date, time and place fixed for holding meeting of the Gram Sabha and Gram Panchayat in accordance with the procedure laid down in the rules; (b) negotiate with the neighbouring Gram Panchayats, Panchayat Samiti or other institutions for carrying out joint works or undertaking such as schools, hospitals, dispensaries, first aid centres, libraries, roads, water supply arrangement etc. which may be beneficial to the residents of Gram Panchayat areas concerned; (c) assist in the special campaigns launched by Government for the eradication of epidemic, family planning, utilization of fertilisers, spraying of insecticides, poverty alleviation and all other schemes launched by the Government; (d) prepare notices in quasi-Judicial proceedings pending before the Gram Panchayat and to assist the Gram Panchayat; (e) produce records for inspection and audit when required by the Inspecting Officer, remove the defects pointed out in the audit and submit annotated copy of the audit note to the authority concerned; (f) issue receipt for all moneys received by Sarpanch on behalf of the Gram Panchayat under the signature of the Sarpanch and to enter the same in the Cash Book and also ensure that the Gram Panchayat money is credited in the account of the Gram Panchayat in the Bank etc. and the Government dues in the treasury; (g) deposit the old record of Gram Panchayat in the record room meant for the purpose; (h) submit monthly reports to the Block Development and Panchayat Officer showing the amount received by the Gram Panchayat, funds deposited in the Gram Panchayat account, expenditure incurred by the Gram Panchayat and the balance in hand with the Sarpanch or any other panch. (2) Duties and functions of the Executive Officer. - In addition to the duties specified in section 74, the Executive Officer shall perform the following duties and functions :- (a) negotiate with the neighbouring Gram Panchayat, Panchayat Samiti or Zila Parishad or other Institutions for carrying out joint works or undertakings such as schools, hospitals, dispensaries, first-aid centres, library, roads, water supply arrangement etc. which may be beneficial to the residents of the Panchayat Samiti; (b) assist in the special campaign launched by Government for the eradication of epidemics, family planning, executing poverty alleviation and all other schemes launched by Government; (c) produce records for inspection and audit when required by the Inspecting Officer; remove the defects pointed out in audit and submit annotated copy of the audit note to the authority concerned; (d) issue receipt for all moneys received by the Panchayat Samiti and to enter the same in the Cash Book and also ensure that Panchayat Samiti money is credited to the accounts of the Panchayat Samiti in the Bank etc. and the Government dues in the treasury; (e) deposit the old record of the Panchayat Samiti in the record room meant for the purpose; (f) submit monthly report to the Chief Executive Officer showing the amount received by the Panchayat Samiti and all expenditure incurred by it; (g) to maintain up to date record of Panchayat Samiti and its immovable property; (h) to submit monthly statements regarding illegal occupation and rent due to Panchayat Samiti's immovable property to Chief Executive Officer and Deputy Commissioner; (3) Duties and functions of the Chief Executive Officer. - In addition to the duties specified in section 134, the Chief Executive Officer shall perform the following duties and functions :- (a) to inform all members about the date, time and place fixed for holding meetings of the Zila Parishad or any committee in accordance with the procedure laid down in the rules; (b) to negotiate with the neighbouring Gram Panchayats, Panchayat Samiti or other institution for carrying out joint works or undertakings such as schools, hospitals, dispensaries, first-aid centres, libraries, roads, water supply arrangement etc. which may be beneficial to the residents of the Zila Parishad area concerned; (c) to assist in the special campaigns launched by Government for the eradication of epidemic, family planning and execution of poverty alleviation and all other scheme by Government; (d) notices in quasi judicial proceedings pending before the Zila Parishad and to assist the Zila Parishad; (e) produce records for inspection and audit when required by the Inspecting Officer, remove the defects pointed out in audit and submit annotated copy of the audit note to the authority concerned; (f) deposit the old record of Zila Parishad in the record room meant for the purpose; (g) to submit monthly statement regarding illegal occupation or rent due to Zila Parishad's immovable property and any report required by the Government to be submitted to Director and concerned Deputy Commissioner. ### 11A. [ Appointment of Gram Vikas Sahayak. [Rule 11A, inserted vide Haryana Government Notification No. S.O. 95.H.A. 11/1994/S. 209/2003, dated 8.7.2003.] [Section 14] :- (1) Gram Panchayat shall be the appointing authority of Gram Vikas Sahayak. (2) At the request of the Gram Panchayat, for the office of Gram Vikas Sahayak the concerned Sub-Divisional Officer (Civil), having jurisdiction of the sabha area, shall invite applications from amongst the inhabitants of sabha area who are graduates and not less than [32] years of age. (3) Notice of atleast 10 days will be given for inviting such applications. The selection to the office of Gram Vikas Sahayak shall be made by a selection committee consisting of the Sub-Divisional Officer (Civil), [Chairman of Panchayat Samiti concerned] [Inserted vide Haryana Government Notification No. S.O. 106/H.A. 11/1994/S. 209/2003, dated 12.8.2003.] and the Sarpanch concerned after interviewing the candidates/applicants. (4) The Collector of the district shall be appellate authority against the order of the selection committee. (5) The decision of the Collector in the appeal shall be final and no further appeal shall lie against the decision of the Collector. (6) If a Gram Vikas Sahayak wants to contest any election to any of the Panchayati Raj Institutions or Vidhan Sabha etc, he shall have to resign of his office. (7) The Gram Vikas Sahayak will discharge his duties upto an age not exceeding 60 years.] ### 11B. [ Removal of Gram Vikas Sahayak. [Rule 11B, inserted vide Haryana Government Notification No. S.O. 95.H.A. 11/1994/S. 209/2003, dated 8.7.2003.] [Section 14.] - (1) A Gram Vikas Sahayak shall be removed from his office by the Sub-Divisional Officer (Civil) concerned, after giving him an adequate opportunity of being heard if - (i) sentenced for an offence involving moral turpitude; or (ii) he neglects to discharge his duties or is otherwise found incompetent; or (iii) owing to age or physical or mental incapacity, or absence from the sabha area, he is unable to discharge the duties of his office; or (iv) he takes part in any kind of agitation against the Government or fails to give his active support to the Government or the Gram Panchayat in the maintenance of law and order; or. (v) a case against him in respect of any criminal offence is under investigation, enquiry or trial, if in the opinion of the competent authority, the charge made or proceeding taken against him, is likely to embarrass him in the discharge of his duties. (2) If there is any loss, waste or misapplication of Gram Fund or to the property belonging to the Gram Panchayat due to his negligence or misconduct while working as Gram Vikas Sahayak, he shall be liable for such loss, waste or misapplication of Gram Fund or property belonging to the Gram Panchayat and Gram Panchayat shall be competent to assess and recover amount due from him on account of such loss, waste or misapplication of such Gram Fund or property after following the principles of natural justice.] ### 11C. [ Duties and functions of Gram Vikas Sahayak. [Rule 11C, inserted vide Haryana Government Notification No. S.O. 95.H.A. 11/1994/S. 209/2003, dated 8.7.2003.] [Section 14.] - (1) Gram Vikas Sahayak shall maintain liason between the Government, the Gram Panchayat and the inhabitants of the sabha area. (2) He will assist the Government in effecting recoveries of dues relating to electricity bills or any other dues and disbursement of old age, handicap and widow pension etc. on commission basis to be determined by the Government. (3) He will be paid an honorarium of Rs. 3000/- per month or at such rates as may be determined by the Government from time to time by the Gram Panchayat concerned.] ### 11D. [ Formation of group of Gram Panchayats. [Rule 11D, inserted vide Haryana Government Notification No. S.O. 95.H.A. 11/1994/S. 209/2003, dated 8.7.2003.] [Section 15.] - For purpose of section 15 the group of Gram Panchayats shall be formed by the concerned Block Development and Panchayat Officer.] ### 11E. [ Applicability of service rules. [Rule 11E, inserted vide Haryana Government Notification No. S.O. 95.H.A. 11/1994/Section 209/2003, dated 8.7.2003.] Section 15 - The Haryana Panchayats Department State Service Group C Rules, 1979, applicable to Gram Sachivs shall mutatis mutandis apply to the Circle Supervisors.] ### 12. Record of Gram Panchayat. [Section 15] - Gram Panchayat shall maintain and use the following records, registers, books and forms :- (i) Cash Book in Form I (ii) Proceedings Book in Form II (iii) Inspection Book in Form III (iv) Receipt Book in Form IV (v) Attendance Register in Form V (vi) Register showing the demand and collection of taxes, duties, cesses and fees in Form VI (vii) Register of court cases by and against the Gram Panchayat in Form VII (viii) Application for acquisition of land in Form VIII (ix) Register of fees and fine in Form IX (x) Stock Register of material in Form X (xi) Works Register in Form XI (xii) Muster Roll Register in Form XII (xiii) Register of immovable property (other than shamlat deh) in Form XIII (xiv) Stock Register of furniture in Form XIV (xv) Library Book Register in Form XV (xvi) Library issue Register in Form XVI (xvii) Security Deposit Register in Form XVII (xviii) Stock Register of Receipt Books in Form XVIII (xix) Despatch Register (account of stamps also to be maintained in this register) in Form XIX (xx) Receipt Register in Form XX ### 13. Publication of orders. [Section 25] - An order made under section 25 shall be published in the following manner :- (a) copies of the order shall be exhibited at some conspicuous places within the Sabha area; (b) one copy of the order shall be affixed on or near the property, if any, affected by the said order; and (c) one copy of the order shall be served on the person who is required to take any action in pursuance thereof : Provided that if the order is applicable to the residents of the Sabha area in general, the publication shall be made by the beat of drum as well. ### 14. Preparation of map of abadi-deh. [Section 26] - (1) The abadi deh map prepared under section 26 shall be published for inviting objections in the following manner :- (a) a copy each of the map shall be kept in the offices of Revenue Patwari, Gram Panchayat and Block Development and Panchayat Officer for inspection by the residents of the village; (b) notice shall be displayed outside office of the Patwari and Panchayat Ghar and at any other conspicuous place in the Sabha area giving the following particulars :- (i) name of the Sabha area; (ii) mohallas, streets, chowks and abadies in the village in respect of which the map has been prepared; (iii) name of the person who has prepared the map; (iv) places where the map can be inspected on payment of inspection fee of five rupees; (v) place and the name of the Sarpanch, or any other Panch with whom the objections, if any, may be filed; (vi) date of publication of the notice; and (vii) last date for filing of objections, if any, and (c) Publicity to the notice shall also be given in the Sabha area by beat of drum through village Chowkidar, record of which duly authenticated by village Lambardar and Sarpanch shall be kept by the Gram Panchayat. (2) As soon as the objections are considered and the map is finalised by the Gram Panchayat, a notice under sub-section (4) of section 26 shall be displayed outside the office of the Gram Panchayat and at two other conspicuous places in the Sabha area giving the following particulars :- (i) name of the Sabha area; (ii) Mohallas, streets, abadies and Chowks in the village in respect of which the map has been prepared; (iii) name of the person from whom the map has been got prepared; (iv) date on which the map has been finalised and the places/offices from where a copy of the map can be obtained on payment of fee; and (v) publicity to the notice shall also be given through village Chowkidar by beat of drum, record of which duly authenticated shall be maintained by the Gram Panchayat. (3) A copy of the map may be obtained by any person by paying a fee of one hundred rupees per copy to the Gram Panchayat or Block Development and Panchayat Officer. (4) All fees received for inspection and supply of the copies of maps shall be credited to the Gram Fund. ### 15. Power of Gram Panchayat, Panchayat Samiti and Zila Parishad to take over management of institutions. [Section 36] - If a Gram Panchayat, Panchayat Samiti or Zila Parishad, as the case may be, undertakes to receive from any person any property vested in him or the management of any institution or the execution or maintenance of any work or the performance of any duty within its area, it shall satisfy itself that it is free from all encumbrances so that it will not in any way be a burden on the Gram Fund, Panchayat Samiti fund or Zila Parishad fund, as the case may be, or involve or incur any liability. ### 16. Help in maintenance and improvement of schools, hospitals and dispensaries. [Section 37] - A Gram Panchayat, Panchayat Samiti or Zila Parishad, as the case may be, shall, if so required by the Government subject to funds at its disposal, give help to - (a) the educational institutions recognised by Government or affiliated to any University in Haryana State; (b) the department concerned for the buildings of hospitals or dispensaries and provision for medicines, water supply and diet and other necessities to needy patients. ### 17. Establishment of primary schools, hospital or dispensaries for a group of Panchayats. [Section 38] - (1) The Panchayat Samiti concerned shall be prescribed authority for the purpose of section 38. (2) When a group of neighbouring Gram Panchayats combines to help in establishing a school, hospital, or Ayurvedic or Unani dispensary, a joint committee shall be formed. ### 18. Power to suspend action of Gram Panchayat. [Section 47] - (1) Any person aggrieved by an order or by any resolution of a Gram Panchayat, other than one relating to judicial functions of the Gram Panchayat, may prefer an application to the District Development and Panchayat Officer or Sub- Divisional Officer (Civil) within 30 days of the order or the resolution, setting forth concisely the grounds of objection to the order or resolution, as the case may be, together with a certified copy of the order or resolution : Provided that the District Development and Panchayat Officer or Sub- Divisional Officer (Civil) , as the case may be, may condone any delay in preferring the application for sufficient reasons. (2) On receipt of the application in accordance with sub-rule (1), the District Development and Panchayat Officer or Sub-Divisional Officer (Civil), as the case may be, shall appoint time and place for hearing of the application. (3) The District Development and Panchayat Officer or the Sub-Divisional Officer (Civil), as the case may be, shall give reasonable opportunity to the Gram Panchayat concerned to explain the view point of the Gram Panchayat on the date, time and place fixed for the hearing of the application before suspending the execution of any resolution or order in dispute or before prohibiting the doing of any act which is about to be done or is being done by the Gram Panchayat : Provided that nothing in this rule shall be construed to curtail the power of the District Development and Panchayat Officer or the Sub-Divisional Officer (Civil) , as the case may be,when the acts suo motu fall under section 47. ### 19. Access to records of Gram Panchayat, Panchayat Samiti or Zila Parishad. [Section 46] - (1) Any person who is a voter of Gram Panchayat, Panchayat Samiti or Zila Parishad, and every resident of the Sabha area, Panchayat Samiti area or Zila Parishad area, may after making an application in writing and with the permission of the Sarpanch, Chairman or President, as the case may be, inspect the non-judicial records of Gram Panchayat, Panchayat Samiti or Zila Parishad, after making a payment of Rs. 25, 50 or 100 respectively on each occasion. (2) The Sarpanch, Chairman or President, as the case may be, shall on the application of any party, to any proceeding, allow inspection of the record to the said party or its duly recognised agent on payment of fee at the rate laid down in sub-rule (1) on each occasion. (3) The Sarpanch, Executive Officer or Chief Executive Officer shall, on the application in writing of any voter or any resident of area concerned, supply him with a copy of the relevant non-judicial record or entry in the register or any portion thereof on payment of a fee of rupees five per page or part thereof. (4) The Sarpanch, Executive Officer or Chief Executive Officer, as the case may be, shall, on the application of any party to proceedings, supply him with a copy of the relevant record or entry in the register or any portion thereof on payment of a fee of rupees five per page or part thereof. (5) The said copy shall be signed by Sarpanch, Executive Officer or Chief Executive Officer, as the case may be. (6) The provisions of section 76 of the Indian Evidence Act, 1872, shall apply, in so far as they are applicable to all public documents in the custody of Gram Panchayat, Panchayat Samiti and Zila Parishad. ### 20. Acquisition and transfer of property by Gram Panchayat, Panchayat Samiti and Zila Parishad. [Sections 206 and 207] - (1) No movable property shall be purchased, sold or transferred by a Gram Panchayat, Panchayat Samiti or Zila Parishad without a prior resolution of Gram Panchayat, Panchayat Samiti or Zila Parishad, as the case may be : Provided that the Sarpanch may in an emergent case purchase or sell movable property of a value not exceeding Rs. 500 : Provided further that all transactions relating to movable property shall be reported to the Gram Panchayat at its next meeting for its approval. (2) All contracts by or on behalf of the Gram Panchayat, Panchayat Samiti or Zila Parishad, shall be entered into in the name of Gram Panchayat, Panchayat Samiti or Zila Parishad, as the case may be, and all documents executed in this connection shall be signed by the Sarpanch and Block Development and Panchayat Officer in case of Gram Panchayat, Chairman and Executive Officer in case of Panchayat Samiti and President and Chief Executive Officer in case of Zila Parishad, as the case may be, after obtaining the prior approval of Gram Panchayat, Panchayat Samiti or Zila Parishad, as the case may be. ### 21. Sale, lease and other alienation of property or public place by Panchayat Samiti or Zila Parishad. [Sections 144, 206 and 207] - (1) (a) A Panchayat Samiti may lease out any property or public place. (b) A Zila Parishad may lease out immovable property subject to the provisions contained in section 144. (c) All leases shall be by open auction after giving publicity as laid down in sub-rule (3) and shall be for a period not exceeding three years: Provided that the possession of the property so leased out shall be delivered only after execution of lease deed duly between the parties. The lease deed shall be signed by Chairman and Executive Officer or President and Chief Executive Officer, as the case may be: Provided further that if in any case the last bid is less than that at the next preceding auction, the bid shall be accepted after approval of the same by the Zila Parishad in case of Panchayat Samiti and that of Director in case of Zila Parishad. (2) (a) A Panchayat Samiti or a Zila Parishad shall not ordinarily sell any property or public place belonging to, vested in or managed by it, if it can be leased out or profitably maintained. (b) All sales shall be by auction after giving wide publicity as laid down in sub-rule (3). (3) When any property or public place is to be sold or given on lease, the Panchayat Samiti or the Zila Parishad, as the case may be, shall publicise an auction notice in atleast one regional language newspaper and by displaying the auction notice at conspicuous places in the Panchayat Samiti/Zila Parishad area and on the notice boards of offices of the Zila Parishad, Panchayat Samitis and in such other manner as may be considered useful by the Chairman or President, as the case may be. (4) If a Panchayat Samiti proposes to dispose of any property or public place in any manner otherwise than by way of lease, it shall obtain the previous sanction of the Government. (5) The Government shall not accord sanction for the sale, lease or other disposition of the property or public place, under this rule if such sale, lease or other disposition is not in the interest of the Panchayat Samiti or Zila Parishad, as the case may be, or causes inconvenience to the public. ### 22. Suspension of Chairman and President. [Sections 64 and 160] - The provisions of sections 60 and 121 shall mutatis mutandis apply for election of Chairman and President during suspension of any Chairman and President under sub-section (1) of section 64 and sub-section (1) of section 160 respectively. Explanation. - The person elected under this rule shall hold office only during suspension period. ### 23. Refusal to hand over charge. [Section 125] - (1) The Deputy Commissioner concerned shall be the authority empowered by the Government to direct the President, Vice-President or a Member, as the case may be, by order in writing, to forthwith hand over the charge of his office and all papers or property, of the Zila Parishad, if any, in his possession as such to the new President, Vice-President or a member under sub-section (2) of section 125. (2) Under sub-section (3) of section 125 the City Magistrate shall be authorised to issue a search warrant. (3) Cognizance of an offence punishable under sub-section (4) of section 125 shall not be taken, save on a complaint made by the Chief Executive Officer concerned. ### 24. Suit by or against Gram Panchayat, Panchayat Samiti or Zila Parishad. [Section 205] - (1) A Gram Panchayat, Panchayat Samiti or Zila Parishad shall, by a resolution to be recorded in the proceedings book, appoint its Sarpanch, Chairman or President or any other Panch or member, as the case may be, or any of its officers to contest any suit filed by or against the Gram Panchayat, Panchayat Samiti or Zila Parishad, as the case may be. The person so appointed shall file a copy of the said resolution duly attested by the Sarpanch, Executive Officer or Chief Executive Officer, as the case may be, under the seal of the Gram Panchayat, Panchayat Samiti or Zila Parishad, as the case may be, in the court alongwith other documents. (2) The actual expenditure incurred in institution or defence of the suit shall be chargeable to the fund of the Gram Panchayat, Panchayat Samiti or Zila Parishad, as the case may be. (3) When any such suit is decided at any stage, the person so authorised shall without any avoidable delay, in writing inform the Gram Panchayat, Panchayat Samiti or Zila Parishad, as the case may be, about the decision. (4) The counsel contesting the suit for and on behalf of the Gram Panchayat, Panchayat Samiti or Zila Parishad, as the case may be, shall, without avoidable delay, send a report to the concerned Gram Panchayat, Panchayat Samiti or Zila Parishad, as the case may be, about the decision of the suit at any stage and his opinion about further course of action to be taken to defend the overall interest of Gram Panchayat, Panchayat Samiti or Zila Parishad, as the case may be. (5) The person so appointed shall not be competent to compound or admit claim of the party suing the Gram Panchayat, Panchayat Samiti or Zila Parishad, as the case may be, without prior authorisation by the Gram Panchayat, Panchayat Samiti or Zila Parishad, as the case may be, by a resolution in writing passed in a meeting specifically called for the purpose by a majority of not less than 2/3rd of its panches or members, as the case may be. (6) If any decree or order is passed by the court as a result of fraud, misrepresentation, concealment of facts, collusion with the other party or lack of proper pairvi, the Sarpanch, Chairman or President, panch, members or officer so authorised as the case may be, shall be personally liable for the loss caused to the Gram Panchayat, Panchayat Samiti or Zila Parishad, as the case may be. ### 25. Employment of other employees. [Section 16] - (1) (i) Subject to the prior approval, of the Panchayat Samiti, and, to the availability of the funds in the budget, a Gram Panchayat may, by a resolution, passed by ¾ majority of the panches, prepare a list of employees required by it and shall also decide salary and allowances to be paid to them and the duties to be assigned to each of them : Provided that the salary and allowances of employees appointed under this rule shall not exceed to that as admissible to their counterparts in Government service : Provided further that the terms and conditions of appointment and service rules shall be got approved by the Government. (ii) No person shall be employed by the Gram Panchayat if he is a near relative of Sarpanch or any of its Panches or he has been convicted of any offence involving moral turpitude. Explanation. - For the purpose of this clause, the expression 'near relative' shall mean son, daughter, grand-son, grand-daughter, husband, wife, brother, sister, father, mother, grand-mother, wife's brother, wife's sister, wife's father, wife's mother, husband's mother, husband's sister, son-in-law and daughter-in-law. (iii) No employee of the Gram Panchayat shall be retained in service after he has attained the age of 58 years. (2) A Gram Panchayat may for good and sufficient reasons impose the following on its employees :- (i) Censure; (ii) recovery of whole or part of any pecuniary loss caused to the Gram Panchayat by negligence or breach of orders of the Gram Panchayat; (iii) removal or dismissal from service : Provided that before imposing any penalty the employee shall be informed of the specific charge(s) against him and shall be given a reasonable opportunity to explain his position or produce any evidence. In case the reply to charge(s) is found to be unsatisfactory an enquiry shall be got conducted following the procedure laid down in Haryana Civil Services (Punishment and Appeal) Rules, 1987. (3) An employee who has been punished under sub-rule (2), may prefer an appeal within 30 days of communication of the order of punishment to the employee, to the Panchayat Samiti, whose decision shall be final. (4) The services of any employee of a Gram Panchayat can be terminated by giving him one month's notice or in lieu thereof one month's pay or pay for the period by which the notice falls short of one month. ### 26. [Prescribed authority. [Substituted vide Haryana Government Notification No. S.O. 70/H.A. 11/1994/Section 209/2003, dated 5.3.2003.] [Sections 44, 175 and 215-A]] - (1) For purposes of section 44 the concerned District Development and Panchayat Officer shall be the prescribed authority. (2) For purpose of clauses (o) and (p) of sub-section (1) section 175 the Deputy Commissioner concerned shall be the prescribed authority in cases of Sarpanch, [-] [The words 'Up-Sarpanch' omitted vide Haryana Government Notification No. G.S.R. 70/H.A. 11/94/Section 209/2000, dated 19.10.2000.] and Panch and in cases of Chairman, Vice-Chairman, member, President and Vice-President, the Government shall be the prescribed authority. (3) For purpose of section 215A(i) if the bodies at dispute are situated within one and the same district, Deputy Commissioner of the concerned district shall be the prescribed authority; [(ii) if the bodies at dispute are situated in more than one district but within one and the same division, the Divisional Commissioner shall be the prescribed authority; and (iii) if the bodies at dispute are situated within more than once divisions, Financial Commissioner, Revenue, Government of Haryana, shall be the prescribed authority.] ### 27. Procedure regarding committees. [Sections 22, 83 to 85, 139 and 140] - (1) If a committee constituted under section 22 wants to appoint a member of farmers clubs, mahila mandals, yuvak mandals and other similar bodies as a member of the committee, it shall pass a resolution to that effect and request the concerned body by sending a copy of the said resolution to the concerned body. Similarly the production Committee, through a resolution duly passed by it, shall request the concerned societies to sponsor the name of a representative of co-operative societies in the Panchayat area to be appointed in the Production Committee. On receipt of such name he shall be appointed as a representative of co-operative societies in the panchayat area in the Production Committee. (2) Gram Sachiv shall be ex-officio Secretary of each Committee constituted by the Gram Panchayat. (3) The Gram Panchayat, Panchayat Samiti and Zila Parishad shall appoint members of Committee by a resolution in writing. (4) Gram Panchayat, Panchayat Samiti and Zila Parishad shall decide the terms of the office of each committee and shall assign function, duty and extent thereof to it. (5) The proceedings of each committee shall be recorded in a separate proceeding book kept for the purpose by the Secretary concerned and each member shall put down/affix his signatures/thumb impression therein at the end of meeting of such committee. (6) The Gram Panchayat, Panchayat Samiti and Zila Parishad shall have a right to retire a member and to appoint a new member in his place on a reasonable ground. (7) The members shall be appointed by virtue of their qualifications, experiences, social service and special knowledge on particular subject. (8) A person may be a member of more than one committee and sub-committees. (9) All members shall have a right of vote. The decisions shall be taken by majority of vote and the Chairperson of the committee shall have a casting vote in case of equality of votes. (10) If at any meeting of committee, Chairperson is absent the members present shall elect one of the members to be the Chairperson of such meeting. (11) A Committee shall perform such functions, as may be assigned to it under the Act or by Gram Panchayat, Panchayat Samiti or Zila Parishad, as the case may be. (12) Each committee shall meet at least once a month. (13) All the record of any committee shall be a part of record of concerned Gram Panchayat, Panchayat Samiti or Zila Parishad, as the case may be. (14) Each committee, at any level, shall be empowered to require attendance at its meeting of any official/officer who is connected with the work of committee. (15) The Secretary of the Committee shall issue notices of the meeting under the instructions of the committee and ensure that the notices are served upon the members of the committee and officials/officers concerned. (16) The Gram Panchayat, Panchayat Samiti or Zila Parishad, as the case may be, may call for proceedings of any committee, and may for sufficient reasons to be recorded revise any decision of that committee or sub-committee, as the case may be. (17) Each committee shall submit the detailed report of its functions to the Gram Panchayat, Panchayat Samiti or Zila Parishad, as the case may be, and the Gram Panchayat, Panchayat Samiti or Zila Parishad, as the case may be, shall take final decision on it, in its meeting. (18) The rights and liabilities of the appointed members shall be similar to those of other members of the concerned committee or sub-committee, as the case may be. (19) The provisions of this rule shall mutatis mutandis, apply to local committee constituted under section 22. (20) Amenities sub-committee in respect of public works shall consist of one woman panch, one panch representing the area comprising the site of public work to be undertaken and two residents of the concerned locality. In case of public work relating to school the headmaster of the concerned school and in case of Chaupal, the representative of the concerned community, shall be a member of the Amenities sub-community. The Junior Engineer, Sub Divisional Officer and Executive Engineer, as the case may be, shall be technical member of the committee undertaking works up to Rs. 1,25,000, Rs. 3,00,000 and Rs. 5,00,000 respectively. [(21) After completion of the work majority of the members, including technical member and sarpanch of the Amenities sub-committee, referred to in preceding sub-rule (20), shall certify the completion thereof in writing.] [Added vide Haryana Government Notification No. G.S.R. 37/H.A. 11/94/S. 209/2000, dated 13.7.2000.] ### 28. Report on work of Gram Panchayat. [Section 20] - (1) The report, required by sub-section (1) of section 20, shall contain the complete details and description, including the amount of expenditure workwise, source of income and list of functionaries, regarding the work done during the previous year and the work proposed to be done during the following year and shall be submitted to the Block Development and Panchayat Officer and the Panchayat Samiti concerned by the end of February next following in connection with the previous year and by the end of November next preceding in connection with the work proposed to be done during the following year. (2) The reports prepared under sub-rule (1) and sub-rule (2) of section 20 shall be published by affixation on the notice board of the Gram Panchayat and on the conspicuous places within the territorial jurisdiction of the Gram Panchayat and also on the notice board of Panchayat Samiti and Zila Parishad. (3) For purposes of section 20 the concerned Block Development and Panchayat Officer shall be the prescribed authority. ### 29. Technical supervision and Inspection. [Section 156] - The Government or any other officer appointed in this behalf, may inspect works or development schemes under the control of Parishad and also the relevant records pertaining to such works or development schemes on any day. ### 30. Consignment or records. [Section 209] - All the records including registers and books, maintained by a Gram Panchayat, Panchayat Samiti and Zila Parishad shall be kept by the concerned body for five years after which it shall be consigned to the general record room of the District Officer incharge of the Panchayats at the district headquarter, for being preserved in perpetuity except the record destroyable which shall be destroyed in accordance with the Destruction of Records Act, 1917. Provided that if for any reason audit for these bodies has not been carried out or audit objections relating thereto have not been met with such record shall be consigned within one month after such objections have been met with. ### 31. Power to take over management of land. [Section 50] - The management of the land taken over under sub-section (1) of section 50 shall be done in the best interest of the inhabitants of the Sabha area. The person managing the land under this rule shall exercise same powers as those vested in the Gram Panchayat. ### 31A. [ Apportionment of assets and Liabilities Section 7. [Added by Notification No. S.O. 57/H.A. 11/1994/S.209/2014, dated 4.6.2014 (w.e.f. 16.2.1995).] (1) For the purpose of sub-section (3A) of section 7, the assets and liabilities shall be apportioned by the concerned Deputy Commissioner as under:- (i) all irremovable properties situated within the revenue estate or sabha area of a particular Gram Panchayat, shall vest in the particular Gram Panchayat; (ii) other movable and immovable properties, not within the revenue estate or sabha area of a particular Gram Panchayat including funds shall be apportioned between the existing and the newly constituted Gram Panchayat in proportionate to their population; (iii) the assets and liabilities, not dealt under clause (i) and (ii) above, shall be apportioned in the manner agreed upon and in case there is no such agreement within a period of one year from the date of bifurcation of sabha areas, the Deputy Commissioner shall be competent to determine such assets and liabilities, as he may deem fit; (2) The Gram Panchayat, aggrieved by an order of the Deputy Commissioner, may within a period of thirty days from the date of order, prefer an appeal to the Divisional Commissioner, whose decision thereon shall be final.] [Added vide Haryana Government Notification No. S.O. 70/H.A. 11/1994/S. 209/2003, dated 5.5.2003.] ### 32. Repeal and saving. - The Punjab Panchayat Samiti and Zila Parishad Chairman and Vice-Chairman (Election) Rules, 1961, the Punjab Panchayat Samiti (Co-option of Members) Rules, 1961, the Punjab Panchayat Samitis and Zila Parishads (Sale, lease and other alienation of property and public places) Rules, 1964, the Punjab Panchayat Samitis and Zila Parishads (Conduct of Proceedings) Rules, 1961, the Punjab Panchayat Samitis (Vacation of office by Chairman and Vice-Chairman) Rules, 1963 and the Punjab Panchayat Samitis and Zila parishads (Suits) Rules, 1963 and the Punjab Gram Panchayat Rules, 1965 in their application to the State of Haryana and the Haryana Gram Panchayat (Co-option of Women Panches) Rules, 1971 and the Haryana Panchayat Samitis (Primary Members) Election Rules, 1981, are hereby repealed : Provided that anything done or any action taken under the rules so repealed shall be deemed to have been done or taken under the corresponding provisions of these rules to the extent it is not inconsistent with these rules. Form I (See rule 12) Cash Book Year \_\_\_\_\_\_\_\_\_\_\_\_ Gram Panchayat \_\_\_\_\_\_\_ Block\_\_\_\_\_\_ Tehsil \_\_\_\_\_\_\_ District \_\_\_\_\_\_\_\_ Receipts \| \| \| --- \| \| Income to be deposited into Government Treasury \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| 7 \| 8 \| \| Serial No. \| Date \| Name of the person making the payment \| Court fee \| Copying fee \| Process fee \| Fines \| Total \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| 9 \| 10 \| 11 \| 12 \| 13 \| 14 \| 15 \| 16 \| 17 \| \| Compensation \| Amount deposited as expenses of witnesses \| Taxes \| Voluntary contribution \| Grant from Government or local Bodies \| Other receipts \| No. and date of receipt \| Grand total \| Signature of Sarpanch \| \| \| \| \| \| \| \| \| \| \| Payments \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| \| 18 \| 19 \| 20 \| 21 \| 22 \| 23 \| \| Serial No. \| Date \| Name of payee \| Nature of payment \| Amount transferred to Government Treasury \| Compensation \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| \| 24 \| 25 \| 26 \| 27 \| 28 \| 29 \| \| Amount paid to witnesses as expenses \| Other expenditure \| Signature or thumb impression of payees \| Total \| Signature of Sarpanch \| Balance \| \| \| \| \| \| \| \| Notes. - (1) Every entry must be signed by the Sarpanch. (2) In the case of money transferred to the Government Treasury, the money order coupons or the receipted copies of the challans should be pasted in the column (26) "Signature or thumb impression of payee." (3) At the end of every month the total income and expenditure of the month should be calculated and the balance struck. In column 29 for 'balance' details of the amount in hand with the Sarpanch and the amount deposited in the Saving Bank, etc., should given. Form II (See rule 12) Proceeding Book Gram Panchayat of ........ Block ........ Tehsil ........ District........ \| \| \| \| \| --- \| --- \| --- \| \| 1 \| 2 \| 3 \| \| Date \| Name of Panches present \| Business transacted \| \| \| \| \| Signatures of the Sarpanch and other Panches present Form III (See rule 12) Inspection Book Gram Panchayat ...................................... Tehsil ................................ Block............................... District .................. \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| 1 \| 2 \| 3 \| 4 \| 5 \| \| Serial No. \| Date of inspection \| Name and designation of the person making the inspection \| Note of Inspection, with signature of the person recording it \| Action taken by the Gram Panchayat to remove the defects, if any \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| Form IV \| \| Form IV \| \| \| (See rule 12) \| \| (See rule 12) \| \| \| Receipt Book \| \| Receipt Book \| \| \| (1) Name of Gram Panchayat....................... \| \| (1) Name of Gram Panchayat....................... \| \| \| \| \| \| \| \| {\| \| \| \| {\| \| \| (2) Serial No. of\| Civil SuitCriminal Case \| \|} \| \| {\| \|- \| \| {\| \|- \| (2) Serial No. of\| Civil SuitCriminal Suit \|} \|} \| \|- \| \| \| \| \|- \| (3) Date of Payment ........................... \| \| (3) Date of payment ........................... \| \|- \| (4) Name of payer........................... \| \| (4) Name of payer.......................... \| \|- \| \| Amount paid \| \| Amount paid \|- \| \| Rs. P. \| \| Rs. P. \|- \| (1) Fees \| \| (1) Fees \| \|- \| (2) Fines \| \| (2) Fines \| \|- \| (3) Taxes \| \| (3) Taxes \| \|- \| (4) Compensation \| \| (4) Compensation \| \|- \| (5) Voluntary contributions \| \| (5) Voluntary Contribution \| \|- \| (6) Grants from Government or Local Bodies \| \| (6) Grants from Government or Local Bodies \| \|- \| Total\_\_\_\_\_\_\_\_\_\_\_\_ \| Total\_\_\_\_\_\_\_\_\_\_\_\_ \|- \| Signature of Sarpanch \| Signature of Sarpanch \|} Form V (See rule 12) Attendance Register Gram Panchayat ...............................Block ............................ District .............. \| \| \| \| \| --- \| --- \| --- \| \| Serial No. Date of meeting \| Description of Meeting \| Name of Sarpanch \| \| Initial or thumb impression \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| Name of Panch \| Name of Panch \| Name of Panch \| Name of Panch \| \| Initial or thumb impression \| Initial or thumb impression \| Initial or thumb impression \| Initial or thumb impression \| \| \| \| \| \| Form VI (See rule 12) Register of Demand and Collection of Taxes, Duties, Cesses and Fees Gram Panchayat .. ................... Block ................. Tehsil .................... District .... ........... \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| 7 \| \| Serial No. \| Name and parentage etc. of the assessee \| Nature of Tax \| Balance of last year \| Amount assessed \| Remission of Tax \| No. and date of resolution remitting the tax \| \| \| \| \| Rs. P. \| Rs. P. \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| \| 8 \| 9 \| 10 \| 11 \| 12 \| 13 \| \| Total amount to be realised \| Result of appeal, if any \| Amount collected \| Date of collection with Receipt No. \| Balance at the end of the year \| Remarks \| \| Rs. P. \| \| Rs. P. \| \| Rs. P. \| \| \| \| Form VII (See rule 12) Register of Court Cases \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| Name of Applicant and description of plaintiff/applicant \| Name and description of respondent/Defendant \| Details of matter involved in case \| Area of land, if involved \| Date of institution \| Name of the Court and case number \| Date of decision \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| 7 \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| Brief description of judgment/order \| Date of application for certified copy \| Date of delivery of certified copy \| Appeal Revision \| Review High Court \| Final position \| Remarks, if any \| \| filled by whom with date \| Decision with date \| \| 8 \| 9 \| 10 \| 11 \| 12 \| 13 \| 14 \| \| \| Form VIII (See rule 12) Application for Land Acquisition Name of Gram Panchayat \_\_\_\_\_\_\_\_ Block \_\_\_\_\_\_\_Tehsil \_\_\_\_\_\_\_\_\_\_\_\_\_\_ District \_\_\_\_\_\_ \| \| \| \| \| --- \| --- \| --- \| \| Description of land \| Purpose of acquisition \| Whether Private negotiations to purchase the land were made and have failed \| \| 1 \| 2 \| 3 \| \| \| Signature of Sarpanch Form IX (See rule 12) Register of Fees and Fines Gram Panchayat \_\_\_\_\_\_\_\_ Block \_\_\_\_\_\_\_\_\_ Tehsil \_\_\_\_\_\_\_\_\_ District\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| Fee paid/Fine imposed \| \| Amount recovered \| \| \| Serial No. \| Case Number \| Name of accused \| Amount \| Date \| Number of receipt \| Amount \| Date \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| 7 \| 8 \| \| \| \| \| \| \| \| \| \| \| \| \| \| Rs. \| \| \| Rs. \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| Serial Number of General cash book challan \| Amount \| Number and Date of Treasury \| Initial of Sarpanch \| Remarks \| \| \| \| Amount \| Credited \| \| \| 9 \| 10 \| 11 \| 12 \| 13 \| \| \| Rs. \| \| \| \| Form X (See rule 12) Stock Register of Material Gram Panchayat \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Tehsil \_\_\_\_\_\_\_\_\_\_\_\_\_ District \_\_\_\_\_\_\_\_ \_\_ Block \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Description of Material \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| Date \| Opening Balance \| Number or quantity of articles received \| Total \| To whom issued \| Number or quantity of articles issued \| Balance \| Signature of the person in acknowledgement of his having received the articles \| Remarks \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| 7 \| 8 \| 9 \| \| \| \| \| \| \| \| \| \| \| Form XI (See rule 12) Works Register Name of Block Name of village Name of work Amount of Administrative approval Amount of Technical sanction \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| Sr. No. \| Date \| Particulars of item \| Reference to stock register \| Quantity \| Value \| Total \| Signature \| Remarks \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| 7 \| 8 \| 9 \| \| \| \| \| \| \| \| \| \| \| Form XII (See rule 12) Register of Muster Roll \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| Serial No. \| Name of Gram Panchayat and person incharge of work \| Date of issue \| Date of return \| Remarks \| \| (i) \| (ii) \| (iii) \| (iv) \| (v) \| \| \| \| \| \| \| Form XIII (See rule 12) Register of Immovable Property (other than Shamlat Deh) Gram Panchayat \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Block \_\_\_\_\_\_\_\_\_\_\_\_ District \_\_\_\_\_\_\_\_ ### 1. Serial No. ### 2. Particulars and location of the property (Plinth area of accommodation available in the building and other such information) ### 3. Name and address of previous owner ### 4. How acquired or purchased (by gift, sale, transfer or otherwise with date of transaction) ### 5. Purpose for which acquired, purchased or gifted ### 6. Cost price Rs. Paise ### 7. No. and date of Gram Panchayat resolution and approval by the Competent Authority ### 8. How disposed of or utilized with authority and date of disposal or sale, if any ### 9. No. and date of Gram Panchayat resolution about disposal or utilization of the building ### 10. Sale price, if any. ### 11. Remarks (Name and address of the person, body or institution to whom the property is sold and other such information) ### 12. Signature of the Sarpanch. Form XIV (See rule 12) Stock Register of Furniture and other articles Gram Panchayat \_\_\_\_\_\_\_\_\_Block\_\_\_\_\_\_\_\_\_Tehsil \_\_\_\_District \_\_\_\_\_ \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| Sr. No. \| Particulars, number (if any) and description of articles \| Date and Cost of purchase of article \| Signature of Sarpanch when entry is made in the register \| Condition on 1st April, 19 \| Manner and other particulars of final disposal of the article and date of disposal with date of its removal from the record \| Particulars of authority authorising disposal \| Signature of Sarpanch when the articles struck off the register \| Remarks \| \| \| Form XV (See rule 12) Stock Register of Library Books Gram Panchayat \_\_\_\_\_\_\_\_ Tehsil \_\_\_\_\_\_\_ Block \_\_\_\_\_\_\_\_ District \_\_\_\_\_\_ \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| Serial No. \| Name of the Book \| No. of volumes \| Author/ Publisher \| Price per copy \| Date of receipt or purchase \| Remarks \| \| \| Form XVI (See rule 12) Issue Register of Library Books Gram Panchayat \_\_\_\_\_\_\_\_ Tehsil \_\_\_\_\_\_\_\_\_ Block \_\_\_\_\_\_\_\_ District \_\_\_\_\_\_ \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| Date of issue \| Name of book, its script and the serial No. of the stock Register \| Name and address of the person to whom issued \| Signature of the person to whom issued \| Date on which received back \| Initial of the Sarpanch \| Remarks \| \| \| Form XVII (See rule 12) Register of Security Deposits Gram Panchayat \_\_\_\_\_\_\_\_ Tehsil \_\_\_\_\_\_\_\_\_ Block \_\_\_\_\_\_\_\_ District \_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| Serial No. \| Number and date of order under which deposited \| Date of deposit \| Name of depositor \| Purpose of deposit \| Amount deposited \| Signature of Sarpanch \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| 7 \| \| \| \| \| \| \| Rs. P. \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| Number and date of order sanctioning return or lapse of deposit \| Date of return or lapse \| Name of payee \| Amount paid \| Balance \| Signature of payee \| Remarks \| \| 8 \| 9 \| 10 \| 11 \| 12 \| 13 \| 14 \| \| \| \| \| Rs. P. \| \| \| \| Form XVIII (See rule 12) Register of Receipt Books Gram Panchayat ................... Tehsil ..................... District .................................. Block ....................................... \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| Receipt \| \| \| \| Issue \| \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| 7 \| 8 \| \| Date \| Total number of books received \| Serial number of books \| Number of forms in the book referred to in column 3 \| Signature of Sarpanch \| Date \| Serial number of book removed from stock \| Signature of Sarpanch \| \| \| Form XIX (See rule 12) Despatch Register (Account of Stamps also to be Maintained in this Register) Gram Panchayat ..................... Tehsil .......................District ............................... Block .................................. \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| \| Issue No. \| Date \| To whom sent \| Subject \| Amount of stamp utilized \| Balance of amount of stamps \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| \| \| Form XX (See rule 12) Receipt Register Gram Panchayat ................... Tehsil ................ District .................................. Block .......................................... \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| Serial No. \| From whom \| No. and date of letter \| Subject \| Brief description of the action taken \| \| 1 \| 2 \| 3 \| 4 \| 5 \| \| \|
65baada8ab84c7eca86ec53a	acts	State of Gujarat - Act ------------------------ Gujarat Minor Mineral Concession Rules, 2010 ---------------------------------------------- GUJARAT India Gujarat Minor Mineral Concession Rules, 2010 ============================================== Rule GUJARAT-MINOR-MINERAL-CONCESSION-RULES-2010 of 2010 ---------------------------------------------------------- * Published on 27 August 2010 * Commenced on 27 August 2010 Gujarat Minor Mineral Concession Rules, 2010 Published vide Notification No. GU-2010-(37) -MCR-1097-MM-15-CHH, dated 27.8.2010 Last Updated 15th October, 2019 No. GU-2010-(37) -MCR-1097-MM-15-CHH. - In exercise of the powers conferred by section 15 of the Mines and Minerals (Development and Regulation) Act, 1957 (67 of 1957), the Government of Gujarat hereby makes the following rules for regulating the grant of mining lease in respect of minor minerals and for the purposes connected therewith, namely. - Chapter -1 Preliminary ### 1. Short title, extent and commencement. (1) These rules may be called the Gujarat Minor Mineral Concession Rules, 2010. (2) They extend to the whole of the State of Gujarat. (3) 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- (i) "Act" means the Mines and Minerals (Development and Regulation) Act, 1957, (67 of 1957); (ii) "Competent Authority" means.- (a) The Commissioner, who shall have jurisdiction in whole of the State of Gujarat in the matters pertaining to granite under these rules; (b) District Collectors or, as the case may be, District Officer of Geology and Mining, who shall have jurisdiction within their respective Districts in the matters pertaining to minor mineral except granite, under these rules; Explanation. - The District Officer of Geology and Mining shall include the Geologist or the Assistant Geologist. (iii) "Commissioner" means Commissioner of Geology and Mining, Gujarat State; (iv) "Dead rent" means the guaranteed amount of royalty payable to the lesser, but calculated on the basis of the area leased and not on the quantity of minerals extracted or removed; (v) "Form" means a form appended to these rules; (vi) "Government" means the Government of Gujarat; (vii) "Quarry lease" means a kind of mining lease in respect of a minor minerals granted under these rules or Granite Conservation and Development rules 1999 or Marble Development and Conservation Rules 2002, as the case may be; (viii) "quarrying Parwana" means a quarrying Parwana granted under these rules to extract and remove building stones like limestone, sandstone, trap and sand only within notified area for land not exceeding a specified area; (ix) "quarrying permit" means a quarrying permit granted under these rules to extract and remove any specified quantity of a minor mineral; (x) "Schedule" means a Schedule appended to these rules. (xi) "Schedule Area" means the area declared by the President as Schedule Area, under Part C of the Fifth Schedule of the Constitution of India, for the State of Gujarat, vide the Scheduled Areas (State of Bihar, Gujarat, Madhya Pradesh and Orissa) Order, 1977. (2) Words and expressions used but not defined in these rule shall have the same meaning as assigned to them in the Act or the Granite Conservation and Development Rules 1999, or the Marble Development and Conservation Rules 2002. ### 3. Non applicability of rules in certain cases. - Nothing contained in these rules shall apply to,- (a) the departmental extraction for captive purpose of minor mineral by any Department of the Government, municipality or panchayat subject to general or special order or instructions issued by Government from time to time; (b) the extraction of minor mineral for captive purpose by any person for bonafide purposes in accordance with the provisions of rules 67, 68, 69 and 70 of the Gujarat Land Revenue Rules, 1972 or any rules corresponding to such rules; (c) the search for and winning of minor minerals on the surface by chipping of outcrops by a gemologist's hammer without involving any disturbance of the soil by way of digging of pits, trenches or otherwise; Explanation. - For the purpose of this sub-rule chipping of rock samples from the outcrop or collection of a few samples from the depth of upto a meter shall not be deemed as disturbing the soil or the surface. (d) the digging of wells for water and foundation for building and disposal of the minor mineral extracted thereof; (e) removal of mineral to the maximum extent of one hundred tones from the agricultural field for betterment of the agricultural land by the occupant himself: Provided that he shall pay the royalty to the Government at the rate mentioned in Schedule-1, if the mineral is sold or allowed to be removed by any other person. Chapter - II Grant of Quarry Leases ### 4. Grant of Quarry Leases. (1) Save as otherwise expressly prescribed in these rules, no person shall quarry, win, remove or carry away any minor mineral, in respect of the lands in which the mineral vest with the Government, except as provided under these rules. (2) No leases under sub-section (1) shall be granted without the prior approval of the Government, to any person other than an Indian citizen. (3) No quarry lease shall be granted by the Competent Authority in respect of any minor mineral except in accordance with such general instructions and directions as may be issued by the Commissioner from time to time regarding the conservation and scientific economic development of such mineral. (4) No quarry lease shall be granted in respect of lands notified by the Government as reserved for use of Government, local authorities or for any other public or special purposes. Such reservations shall be reviewed from time to time or at least once in five years: Provided that where any land in respect of which a quarry lease granted is notified by Government as reserved under this sub-rule, subsequent to such grant, it shall be lawful for the Competent Authority to renew such a quarry lease after the previous approval of the Commissioner. (5) No quarry lease shall be granted to any person other than the lessee himself of an area or a mineral in respect of which a mining lease has been granted: Provided that if such lessee to whom the mining lease or, as the case may be the quarry lease has been already granted does not apply for quarry lease, quarry lease may be granted to any other person. (6) No quarry lease or permit or Parwana shall be granted for minor mineral in the Schedule Area, without the recommendation of the GRAM SABHA at the appropriate level. (7) No application for quarry lease shall be taken into consideration in the area in respect of which an application for mining lease, if any, already pending, under Mineral Concession Rules, 1960, until such application for mining lease is decided. ### 5. Renewal of quarry leases. - Save as otherwise expressly provided in these rules, the provisions of these rules in relation to the grant of quarry leases shall also be applicable in relation to the renewal of quarry leases. ### 6. Application for quarry lease. (1) An application for the grant of a quarry lease in respect of land in which the mineral vest with the Government shall be made in triplicate in Form A to the Competent Authority alongwith a treasury Challan of the amount of non-refundable Application fee for processing of such lease application, as follows,- (A) For quarrying sand, kankar, gravel and ordinary clay minor mineral ,- (i) rupees five hundred for an area of less than five hectares; (ii) rupees one thousand for an area of five hectares or more (B) For quarrying minor minerals other than sand, kankar, gravel and ordinary clay minor mineral ,- (i) rupees two thousand five hundred for an area of less than five hectares; (ii) rupees five thousand for an area of five hectares or more. (3) The application shall also be accompanied by ammonia print plan on cadastral map and up-to-date certified copies of the relevant extracts of the records of rights pertaining to the lands in respect of which quarry lease is applied for: Provided that the application shall be liable to be rejected if an up-to-date certified copy of any such relevant extract is not produced within thirty days of the presentation of the application to the Competent Authority, in case the same was not attached at the time of presentation of the applications. ### 7. Acknowledgement of application. - Every application for a quarry lease shall be acknowledged in Form B. ### 8. Priority. (1) On receipt of an application under rule 7, the Competent Authority, after making such inquiries as it deems fit, may sanction the grant of a quarry lease to the applicant or refuse to sanction the same within ninety days from the date of submission of the application: Provided that the time-limit shall be applicable only if the application is complete in all respect. In case of delay or rejection of the application, specific reasons thereof shall be recorded by the Competent Authority. (2) Where two or more persons have applied for a quarry lease in respect of the same land, the quarry lease shall be granted to the applicant in the following order of priority,- (i) a person who has set up a mineral based industry in the State which consumes the minor mineral as raw material in the industrial units established in the State; (ii) a local authority, Board, Corporation under the State Government or a cooperative society; (iii) a person who intends to set up a mineral based industry in the State; (iv) other applicants: Provided that where a person holding a mining lease in respect of an area applies for a quarry lease in respect of that area, he may be given priority over all other applicants: Provided further that where two or more persons of the same category mentioned in clause (i) to (iv) have applied for a quarry lease in respect of the same land on the same day, the Competent Authority after taking into consideration the following matters, grant the lease to such one of the applicants or distribute the mineral bearing land in such manner between the applicants as it deems fit,- (a) any special knowledge or experience in quarry possessed by the applicant; (b) the financial resources of the applicant; (c) the type and qualification of the technical staff employed or to be employed by the applicant; (d) the investment which the applicant proposes to make in quarry and in the industry based on the mineral. (e) such other matters as may be cancel mined by the Competent Authority: Provided also that where the Competent Authority is satisfied that the person specified in clause (iii) above, to whom a quarry lease is granted has failed to establish an industry, within a period of two years may cancel the quarry lease, after giving him an opportunity of being heard and for the reasons recorded in writing. (4) Notwithstanding anything contained in sub-rule (2), the competent authority may, subject to such general instructions and directions as may be issued by the Commissioner from time to time regarding conservation and scientific and economic development of the minerals, for any special reasons to be recorded in writing, grant a quarry lease to an applicant whose application was received latter or to an applicant irrespective to the category to which he belongs or to distribute the area applied for between or amongst the applicants as it may deem fit. ### 9. Register for application. - The Competent Authority shall cause to maintain a register of application for quarry leases received by him in Form-C. ### 10. Grant of quarry lease. (1) On receipt of an application for the grant of a quarry lease under rule 6, the Competent Authority after making such enquiries as it deems fit, may grant the quarry lease over a part or the whole of the area applied for, to the applicant. When an application is refused or grant with reduced in area, the Competent Authority shall communicate the reasons of its refusal or, as the case may be, reduction in area, in writing to the applicant. In case where there are more than one applicant for the same land or the land has been distributed, it shall communicate the reasons of refusal in writing to the applicants to whom such lease is not granted within seven days of granting the quarry lease or leases for the same land: Provided that before granting the quarry lease in the Schedule Area, the Competent Authority shall obtain the recommendations of the concerned Gram Sabha where the area of quarry is situated. (2) Where a quarry lease is granted under sub-rule(1), the requisite lease deed shall be executed in nine copies within three months of the date of order sanctioning the lease and if no such deed is executed within the said period, an order granting the lease shall be deemed to have revoked : Provided that where the Competent Authority is satisfied that the applicant is not responsible for the delay in the execution of the lease deed, he may permit the execution of the lease deed even after the expiry of the said period of three months. In any case, the further period shall not exceed one year from the date of sanction of lease. For the period of more than one year, the matter may be referred to the Government, whose decision shall be final. (3) The lease deed shall be executed in Form D or in a form as near thereto as the circumstances of each case may require. ### 11. Register of quarry leases. - The Competent Authority shall cause to maintain a register of quarry lease in Form E. ### 12. Survey of the area leased. - When a quarry lease is granted, arrangement shall be made at the expenses of the lessee for the survey and demarcation of the area granted under the lease and possession of the area shall be deemed to have been handed over to him on the date of lease deed is executed. The lessee shall require to erect the boundary pillars around the areas leased to him. ### 13. Inspection of register. - The register maintained by the Competent Authority under rules 9 and 11 shall be open to inspection by any person on payment of a fee of rupees ten. ### 14. Restriction on area of quarry lease. (1) No quarry lease shall be granted for an area exceeding twenty hectares and for an area less than one hectare: Provided that in case of sand, Kankar and gravel the quarry lease shall be granted for the maximum area not exceeding 10 hectares and the minimum area for grant shall not be less than 0.25 hectare: Provided further that the Government may, in any special case and under special circumstances, for the reasons to be recorded in writing, relax the provisions of this rule. (2) No lessee by himself or jointly with any person shall hold in the aggregate more than one square kilometer of area under one or more quarry leases in respect of one or more minor minerals within the State: Provided that if the Government is of the opinion that in the interest of mineral development or industrial development of the State, it is necessary so to do, it may, for the reasons to be recorded in writing, permit any industrial unit or co-operative society to hold one or more quarry leases covering an area in excess of the aforesaid aggregate area. (3) The area under any quarry lease shall be in a compact block unless the Competent Authority specifically directs otherwise for special reasons to be recorded in writing. ### 15. Length and breadth of leased area. - The length of an area held under a quarry lease shall not exceed four times its breadth: Provided that the Competent Authority may, in any special case for the reasons to be recorded in writing and subject to such general instructions and directions as may be issued by the Commissioner from time to time regarding conservation and scientific and economic development of the minerals, relax the provisions of this rule. ### 16. Boundaries below the surface. - The boundaries of the area granted under a quarry lease shall run vertically downwards below the surface towards the centre of the earth. ### 17. Period of the lease, renewals and availability of the areas already granted. (1) (a) The period of quarry lease in case of ordinary sand, kankar, gravel or ordinary clay or brick earth shall not exceed ten years and the period of quarry lease in respect of all other minor minerals shall not exceed twenty years : Provided that if the Government is of the opinion that in the interest of minerals development and industrial development of the State, it is necessary so to do, it may, for the reasons to recorded in writing grant a quarry lease for any longer period as it may deem fit. (b) The lease for all minerals shall be renewed by the Competent Authority at the option of the lessee from time to time and the period of renewal at one time shall not exceed ten years in case of sand, kankar, gravel and brick earth/ordinary clay and for other mineral shall not exceed twenty years. (c) No area which was previously held under quarry lease or which has been reserved by the Government or any local authority for any purpose other than mining or in respect of which the order granting lease has been revoked under sub- rule (2) of rule 11 shall be available for re-grant unless the date from which the area shall be available for re-grant is notified in the Official Gazette at least thirty days in advance. Any application received before the date so notified in the Official Gazette shall be premature and shall not be entertained: Provided that the Government may, for reasons to be recorded in writing, relax the provisions of this clause in any special case. (2) At the time of the renewal of the lease, the lessee shall be entitled to surrender any part of the area leased to him. (3) When a renewal is granted the terms and condition of the renewal shall be the same as those in force at the time of the renewal. (4) An application in Form F, for the renewal of a quarry lease shall be presented, in triplicate, at least 180 days before the expiry of the lease to the Competent Authority and shall be accompanied by a treasury Challan of such amount and in such manner as specified in rule 6: Provided that any such application may be admitted after the expiry of the stipulated period, if the Competent Authority is satisfied that the applicant had just and sufficient cause for not presenting the application within such period. Provided further that in no case, the application made after the expiry of the lease shall be entertained. Provided also that in case the application for the renewal of a quarry lease is not disposed of by the Competent Authority before the date of expiry of the lease, the period of lease shall be deemed to have been extended for a further period till the Competent Authority passed the order thereon. (5) Notwithstanding anything contained in the foregoing provisions of this rule, the Commissioner may at any time by giving to the lessee six months notice in writing for cancellation of the lease if the area for which the lease has been granted or any part thereof is required by the Government for any public purpose. A declaration in this regard, under the signature of the Commissioner that the area, or as the case may be, the part of the area is so required shall, as between the lessee and the Government be conclusive. (6) On the cancellation of the lease under sub-rule (5), the area under the lease shall be resumed by the Government and the lessee shall be paid such compensation, for the investment made for the development of mining area only and not for the land and mineral, as may be cancel mined by an officer appointed by the Government for the purpose. For the purpose of assessing the amount of compensation, the officer so appointed shall cancel mine the compensation in accordance with the provisions of the Land Acquisition Act, 1894. (7) (i) Where an applicant for the grant or renewal of a quarry lease dies before the order granting him a quarry lease or its renewal is passed, the application for the grant or renewal of a quarry lease shall be deemed to have been made by his legal representative. (ii) In the case of an applicant in respect of whom an order granting or renewing a quarry lease is passed, dies before the deed referred to in sub-rule (3) of rule 10 is executed, the order granting or renewing a quarry lease shall be deemed to have been passed in the name of the legal representative of the deceased. ### 18. Surrender of area Leased. - The holder of a quarry lease may surrender part or whole of the area leased to him once during each tenure of the period of the lease by giving a notice in Form G, for a period not less than six months to the Competent Authority, subject to the following conditions, namely.- (a) the lessee may surrender his lease forthwith if he has cleared his legitimate dues including six months dead rent and submitted his application in Form G, (b) area to be surrendered shall be in a single compact block and have a full access to it by any other person or a lessee without any hindrance, (c) the area already exploited by the holder of the quarry lease shall not be accepted for surrender. The area to be surrendered shall be a virgin area, capable of being developed and worked, (d) the holder of the quarry lease shall have cleared dues royalty, dead rent, surface rent, and other dues, if any, payable under these rules on or before the date of surrender, (e) The holder of the quarry lease shall at his own expense get the area re-demarcated on intimation to him of acceptance of the surrender from the Competent Authority or any person authorized by him in this behalf and gets the boundary marks and pillars erected for the remaining area retained by him: Provided that where the surrender of lease is in respect of more than one area, the Competent Authority shall allow the same with the reasons to be recorded in writing. (2) After receiving surrender application from leaseholder in Form G concerned Geologist has to submit his opinion within 45 days to the Competent Authority and the Competent Authority shall take decision within 45 days after receiving the opinion of District Geologist. If decision is not taken within prescribed time limit, the lease shall be deemed surrendered on the expiry date of six month notice period and dead rent shall be stopped. ### 19. Security for quarry lease. - The person in whose favour a quarry lease is granted shall, before the lease deed referred to in rule 10 is executed, deposit as security for due observance of the terms and conditions of the lease,- (a) for quarrying sand, kankar, gravel and ordinary clay minor mineral, a sum of rupees one thousand per hectare or part thereof, subject to the maximum of rupees ten thousand; (b) for quarrying minor minerals other than sand, kankar, gravel and ordinary clay minor mineral, a sum of rupees two thousand five hundred per hectare or part thereof, subject to the maximum of rupees twenty-five thousand: Provided that the Competent Authority may refund the security deposit to the lease holder, on application made within sixty days by him, in a case where the quarry lease is surrendered or the period of the lease has expired and no renewal thereof has been applied for, if the deposit is not required to be applied to any of the other purposes mentioned in these rules. Provided further that if the security deposit is not refunded to the lease holder within the period mentioned in the lease deed, the Government shall pay simple interest at the rate payable on Saving Bank Account by a Nationalized Bank from time to time, from the date of expiry of the period mentioned in the lease deed. ### 20. Transfer of quarry leas. (1) The lessee shall not without the previous consent in writing of the Commissioner or an officer authorized by the Commissioner,- (a) assign, sublet or 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 will or may be directly or indirectly financed to a substantial extent by or under which the lessee's operations or undertaking will or may be substantially controlled by, any person or body of persons other than the lessee, (c) after obtaining the previous consent, in writing, of the Commissioner or an officer authorized by the Commissioner, the transfer of quarry lease shall have to be executed within the period of three months from the date of such consent, in Form H. (2) The consent given by the Commissioner under sub-rule (1) shall not be effective unless the holder of quarry lease makes payment of a fee to the Government,- (a) in case the quarry lease is transferred for the first time, an amount equal to the single dead rent chargeable per year, and (b) in case the quarry lease is transferred for the second or any additional time, an amount equal to twice the amount of yearly dead rent or twelve and half (12 ½) percent of the monitory consideration for such transfer, whichever is higher: Provided that the conditions regulating the grant or holding of a quarry lease specified in rules 4, 14 and 15 shall be applicable in the case of such transfer. ### 21. Rate of Royalty. (1) The holder of a quarry lease or any other mineral concession granted under these rules shall, except quarry Parwana, pay royalty in respect of minor minerals, specified in column 2 of the Schedule-I, removed or consumed by him or by his agent, manager, employee, contractor or sub lessee from the leased area at the rates respectively specified against them in column 3 of the said Schedule. (2) The holder of a quarry lease granted under these rules shall pay yearly dead rent in respect of minor minerals specified in column 2 of Schedule-II, at the rates respectively specified against each minor mineral in column 3 thereof. (3) No dead rent shall be payable under sub-rule (2), where the royalty paid during a year under sub-rule (1) in respect of a minor mineral is greater than the dead rent payable. (4) Where the royalty paid during a year under sub-rule (1) in respect of a minor mineral is less than the dead rent payable under sub-rule (2) , only the difference between the two amounts shall be payable as dead rent. (5) The lease holders who have obtained lease in private land shall pay seventy five percent of the dead rent as specified in the Schedule- II. (6) If in the same lease hold area, more than one minor mineral is permitted to be mined, the lessee shall be liable to pay royalty or as the case may be, dead rent for every such minor mineral separately. Chapter-III Conditions ### 22. Lessee to pay Royalty, Dead Rent, Surface Rent etc. (1) The lessee shall, during the continuation of the lease, pay to the Government royalty on minor minerals quarried from the leased area at the rates as specified in Schedule-I. (2) The lessee shall pay to the Government for every year of the lease, the yearly dead rent specified in Schedule - II, and if the lessee is permitted to work for more than one minor mineral in the same area, than lessee shall pay the dead rent for all the minor minerals. (3) The mode of payment of royalty or dead rent shall be as may be determined by the Government from time to time. (4) The lessee shall also pay the yearly surface rent to the Government for the surface area leased to him, at the rate of rupees one hundred per hectare or part thereof or at the non-agriculture assessment rate, prescribed by Revenue Department from time to time, or whichever is higher. (5) If the royalty or dead rent or surface rent is not paid within thirty days next after the date fixed for payment, the Competent Authority or any officer duly authorized by him may enter the said premises and take possession of all or any of the minerals or movable property therein, and may carry away, or order the sale of the property or such part of it as will suffice to recover the rent or royalty due together with all costs and expenses occasioned by the non-payment thereof. If any rent or royalty remains at any time unpaid for sixty days after the date on which it is due, the Competent Authority may cancel the lease. ### 23. Lessee to pay Compensation for Damage, Injury or Disturbance. - The lessee shall be liable to pay to the Government the compensation, as may be determined by the Government, for all damages, injury or disturbances which may be caused by him in exercise of the powers granted by the lease and shall indemnify the Government against all claims, which may be made by third parties in respect of any such damage, injury or disturbance. ### 24. Lessee to Erect/Maintain Boundary Marks and Pillars. - The lessee shall require to, at his own expense, erect, maintain and keep in repair the boundary marks and pillars necessary to indicate the area leased to him according to the demarcation shown in a plan annexed to the lease and shall erect fences around such part of the leased area as the Competent Authority may direct. ### 25. Lessee to Vacate Encroachment and Pay Fine. - If the lessee is found to have encroached upon an area not included in the lease the Competent Authority shall issue a notice to vacate the area. The lessee shall vacate the area and stop excavation in the disputed area immediately. The lessee shall be liable to pay the fine which may extend upto 100% of royalty and an amount equal to the mineral value for the mineral excavated. ### 26. Precautions For Protection of Environment and Control of Pollution. - Every holder of the quarry lease shall require to take necessary precautions for the protection of environment and control of pollution while conducting quarry operations in the area where such lease is granted. ### 27. Proper Dumping of Top Soil, Waste Rock/Mineral and Non-Saleable Rock/Mineral and Other Rejects. (1) When top soil exists and is to be excavated for quarry operation, it shall be removed and stacked separately. The top soil so removed shall be utilized for restoration and rehabilitation of land which is no longer required for quarry operations or for stabilising or landscaping the external dumps. Where top soil can not be used concurrently, it shall be stacked separately for further use. (2) The overburden, waste rock/mineral and non-saleable rock/mineral generated during quarry operation shall be stacked separately in properly formed dumps on the grounds. Such dumps shall be properly secured to prevent the escape of material in harmful quantity which may cause degradation of surrounding land or silting of water courses, where-ever such waste rock/mineral or overburden or other rejects shall be back-filled in to their worked out quarry and when the back filling is not feasible the waste dump shall be suitably levelled and stabilised by planting vegetation or otherwise. ### 28. Lessee to Restore, Reclaim and Rehabilitate Land. - Every quarry lease holder shall undertake in a phased manner restoration, reclamation and rehabilitation of land affected by quarry operations and shall complete this work before the conclusion of such operations and the abandonment of the quarry. ### 29. Control of Air/Water/Noise Pollution. (1) The air Pollution due to dust, exhaust emissions or fumes during quarry or processing operations and related activities shall be controlled and kept within permissible limit specified under the environmental laws for the time being in force. (2) Every holder of a quarry lease shall take all precautions to prevent or reduce to a minimum the discharge of toxic and objectionable liquid effluents from quarry, workshop or processing plant in to surface or ground water bodies and usable lands. These effluents shall confirm to the standards laid down in this regard. (3) Noise arising out of quarry and processing operations shall be abated or controlled by the holder of quarry lease at the source, so as to keep it within the permissible limit. ### 30. Lessee not to Cut/Injure Trees Without Prior Permission. (1) The lessee shall not cut or injure any tree in the leased area without the previous permission, in writing of the Competent Authority . (2) Notwithstanding anything contained in sub-rule (1), the lessee shall not cut or injure any tree in the leased area falling within reserved or protected forest without the previous permission in writing of the Divisional Forest Officer or an officer authorized by him in this behalf. ### 31. Lessee to Commence Quarry Operations Within Time-limit. - Unless the Competent Authority permits otherwise for reasons to be recorded in writing, the lessee shall commence quarry operations within ninety days from the date of execution of the lease and the lessee shall carry on such operations in a proper, skillful and workman-like manner and shall prevent waste by removal of overburden, careful storage of waste and removal of all valuable minor minerals within the quarry. ### 32. Prior Permission From Railway Authority/Government in certain cases. (1) 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 two hundred meters if blasting is involved, from the boundary of any railway line, except with the written permission of the railway administration concerned or from the boundary of any reservoir, canal, road or public works or buildings except with the previous permission of the Government. The permission of railway administration or Government may, in granting such permission, impose such conditions as it may deem fit. (2) The lessee shall cause to strengthen and support any part of the quarry which in its opinion requires such strengthening or support for the safely of the railway, reservoir, canal, road or any other public work or structure to the satisfaction of the railway administration or as the case may be, the Government. ### 33. Maintenance of Accounts of Minor Minerals and other Particulars. - The lessee shall keep correct accounts showing the quantity and other particulars of all minor minerals obtained and dispatched from the quarry, date-wise, prices obtained for the minerals, names of purchasers, receipts for money received and the number of persons employed therein, :he wages paid and complete plans of the quarry, and shall allow the Competent Authority or any officer authorized by the Commissioner, such information and returns for the last five years or the period as may be fixed by the Income tax Department. ### 34. Submission of Return. - The lessee shall submit,- (i) to the Competent Authority or any other officer authorized by him in this behalf, every month a monthly return in Form J, before the eight day of the succeeding month; (ii) to the Commissioner, an annual return, in Form I for every Financial year, before the 30th April of the succeeding year. ### 35. Other Laws relating minor minerals or safety, health and convenience of employees or public be abided. - The lessee shall abide by the provisions of any law for the time being in force and applicable to him relating to mines and minerals and other matters affecting the safety, and health and convenience of the lessee's employees or of the public. ### 36. Lessee to Allow Inspection by Competent Authority. - The lessee shall allow the Competent Authority or any officer authorized by him to enter upon any places or land comprised in his lease for the purpose of inspecting the same or inspecting any of the accounts, which he shall make available to such officer. Such officer may issue such reasonable directions as he may deem fit, to prevent waste full extraction on ensure safety and conservation of minor minerals and it shall be the duty of the lessee, his agent or manager to carry out such directions within such period as the officer may specify. If the lessee, his agent or the manager fails to carry out such directions within the specified period, the Competent Authority may cancel the lease or impose a penalty not exceeding the twice the amount of annual dead rent. ### 37. To Abide Instructions/Directions of Competent Authority. - The lessee shall abide by such reasonable instructions and directions as may be issued by the Competent Authority, from time to time, regarding conservation and development of minor minerals. ### 38. Access to other licences/lease Holders. - The, lessee shall allow existing and future licensees or lease holders of any land, which is comprised in or adjoining to or is reached through the land held by the lessee, reasonable facilities of access thereto. ### 39. Erect of any structures, machinery, tramways etc. - The lessee may erect on the land leased any structures, machinery, tramways etc., required for bonafide quarry purposes and such structures, machinery, tramways etc., and any accumulated minerals shall become the property of the Government if not removed on the date of expiry or sooner on cancellation of the lease. ### 40. Reporting of Accidents to Competent Authority/ District Magistrate/ District Superintendent of Police. - The lessee shall report all accidents occurring in the leased area to the Competent Authority, the District Magistrate and the District Superintendent of Police of the District Concerned. ### 41. Lessee to report discovery of other mineral to Competent Authority. - The lessee shall report the discovery of any mineral not specified in the lease in the leased area without delay to the Competent Authority and shall not win or dispose off such mineral without obtaining a lease. He shall apply for a lease under the rules regulating the grant of mining leases for that mineral within a period of three months from the date of discovery, failing which it shall be open to the Government to grant a lease over such a mineral to any other person. ### 42. Lease liable to Cancel if no quarry for One Year. - The lease shall be liable to cancel if the lessee ceases to work the quarry for a continuous period of one year: Provided that the lease shall not be cancelled if the lessee is prevented from operating the quarry owing to some reasonable cause and if the lessee obtains the prior permission of the Competent Authority for not operating the quarry. ### 43. Not to Use Minor Mineral for Major Mineral Purpose. - Without the prior permission of the Commissioner, the lessee shall not use any of the minor minerals extracted under these rules for a purposes which will classify it as a major mineral. ### 44. Government to have Pre-emption Right on Mineral. - The Government shall at all times have the right of pre-emption of the minerals won from the land in respect of which the lease has been granted: Provided that the market price prevailing at the time of pre-emption shall be paid to the lessee for all such minerals. ### 45. Sum Due Be Recovered as Arrears of Land Revenue. - Any rent, royalty, tax, fee, penalty or other sum due to the Government may be recovered as arrears of land revenue on the basis of a certificate issued by the Competent Authority. ### 46. On Cancellation of Lease the Quarries be Delivered in Proper and Workable State. - The lessee shall on expiry or on cancellation of the lease before the expiry of the lease, hand over to the Government all the quarries in the leased area in a proper and workable state, save in respect of any working the abandonment of which may have been sanctioned by the Competent Authority, the Government shall be immune from the lessees claims for damage on account of any land having been included in his lease which may subsequently be found not to have been available for the lease. ### 47. Competent Authority to Cancel Lease or Impose Penalty on Breach of Condition. - In case of any breach on the part of the lessee, his transferee or assignee of any of the conditions contained in the lease, other than those referred to in rule 22, the Competent Authority may cancel the lease and take possession of the said premises or impose fine not exceeding rupees five thousand. ### 48. Proper Maintenance of Trenches, Working Faces Etc. - During the tenure of the lease, the lessee shall take adequate steps to ensure that- (i) heights and width of trenches in open quarries are properly maintained to facilitate easy removal of the mineral and the waste, (ii) the working faces are always kept clean, and (iii) the minor minerals won are staked in suitable dimensions and each stake is numbered. ### 49. Right of State or Central Government to Construct Road, Railway, Canal Etc Reserved. - The right of the State or Central Government to construct a road, railway or canal or to carry electric or telephone lines in or over the land under the lease is reserved, provided that before such right is exercised, a notice at least not less than sixty days before shall be given to the lessee. Any area utilised by the Government for the aforesaid purposes shall be excluded from the area under the lease. ### 50. Lessee to Take Steps to Ease Slopes/Restore Top Soil In Forest Lands. - In case of quarry leases in forest lands, the lessee shall take all reasonable steps to ease the slopes and restore top soil in areas worked out, exploited or mined, and it shall be open to the Government to afforest such areas, even during the existence of the lease. ### 51. Certain Special conditions of lease. (1) Notwithstanding anything contained in these rules, a quarry lease may contain such other conditions as the Competent Authority may deem fit regarding,- (i) time limit and mode of payment of rent and royalty, (ii) notice by lessee for surface occupation, (iii) security pits and shafts, (iv) provision for maintenance of proper weighing records . (2) A quarry lease may contain any other special conditions, which the Competent Authority may specify with the prior approval of the Government. ### 52. To engage Mining Engineer or Geologist for scientific exploitation and proper conservation of mineral. - In case the applicant holds more than ten hectares of area under quarry leases for Granite or Marble minor minerals then further area under quarry lease shall not be granted to such applicants unless he engages a full time Mining Engineer or Geologist for scientific exploitation and proper conservation of mineral. ### 53. Restriction to Grant Lease in Certain Districts. - No quarry lease for building limestone shall be granted in Amreli, Junagadh and Porbandar districts containing more than 85 % CaCO3, except in the limestone bearing scattered area not exceeding two hectares. ### 54. Amalgamation of leases. - The Commissioner may in the interest of mineral development and with reason 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. ### 55. Rights of lessee. - Subject to the conditions prescribed in this Chapter, the lessee shall have the rights, for the purpose of his quarry operations to .- (i) work mines or quarries, (ii) sink pits, shafts and construct buildings and roads, (iii) erect plan and machinery, (iv) use water, and (v) use land for stacking purposes. Chapter-IV Grant of Quarry Parwana ### 56. Reservation of Areas for Granting Quarry Parwana. - For the purpose of grant of quarry Parwana, the Competent Authority may notify areas of isolated pockets of limestone, black trap, sand stone and building stones which are not used as major mineral. When any area is so notified, no quarry lease shall be granted for such notified area. ### 57. Grant of quarry Parwana. (1) On an application made to the Competent Authority, he may grant a quarry Parwana to extract and remove the minor mineral from a plot not exceeding two thousand square meters, as may be notified by the Competent Authority. The Competent Authority may grant such Parwana in the following priorities: (a) Individual families of Khanias, belonging to the (1) Castes or the Schedule Tribes, who do physical work of excavating minor mineral in the area applied for: Provided that the applicant shall require to attach a certificate to that effect, with the application, issued by the authority authorized to issue such certificate; (b) Individual families of Khanias, who do physical work of excavating minor mineral in the area applied for; (c) individual Khanias who do physical work in excavating minor minerals in any other areas: Provided that in case of quarry Parwana for ordinary sand, the communities who are traditionally engaged in sand mining such as Vanjara and Ode may be given priority:- Provided further that no Parwana shall be granted to any person who holds a quarry lease. (2) In case of granting quarry Parwana in the Schedule area, the Competent Authority shall obtain, prior to granting quarry Parwana, the recommendations of the Gram Sabha in whose area the quarry land is situated. ### 58. Conditions for grant of quarry Parwana. (1) The Parwana shall be granted, in Form K, for the maximum period of one year, ending on 31st March of the year, on payment of a non-refundable fee of,- (a) rupees hundred for an area up to one thousand square meters , and (b) rupees two hundred for an area more than one thousand square meters (2) The Parvana shall be renewable for a period of not exceeding three years on payment of a non-refundable fee, for each year of renewal, at the rate of,- (a) rupees hundred for an area up to one thousand square meters , and (b) rupees two hundred for an area more than one thousand square meters (3) The renewal fee shall be paid before the expiry of the Parwana. If the renewal fee is not paid before the expiry of the Parwana, an additional fee of rupees five per year or part thereof shall be paid for the late renewal of the Parwana. (4) The Parwana granted in the last quarter of a year shall be valid upto the 31st March of the succeeding year. (5) The Parwana holder shall pay royalty in advance on the mineral to be extracted at fifty percent of the rate mentioned in Schedule I. (6) The Parwana holder shall pay yearly dead rent in advance at the rate of twenty five paisa per square meter or part thereof. (7) Where the royalty paid during a year under sub-rule (5) in respect of a minor mineral is greater than the dead rent payable under sub-rule (b) no dead rent shall become payable. (8) Where the royalty paid during a year under sub-rule (5) in respect of a minor mineral is less than the dead rent payable under sub-rule (6), the difference between the two amounts shall be payable as dead rent. (9) The .Parwana holder shall pay surface rent in advance at fifty paisa per hundred square meters or part thereof annually. (10) (a) The Parwana holder shall extract and remove the minor mineral from the area specified in the Parwana in such a manner that no damage is done to any high ways, road, agricultural lands, trees, or other places of public utility or property. (b) He shall not carry on any quarry operation within a distance of fifty meters of any railway line, high way, roads, river bank or other places of public utility or property. (11) The Parwana holder shall not remove any other minor mineral except that mentioned in the Parwana. If during extracting, any other mineral appears to have been excavated or found he shall report the finding in writing to the Competent Authority concerned within fifteen days. (12) In the event of any contravention of any of the clauses or the conditions, the Parwana shall be liable to be cancelled. (13) If in any case it is found that the mineral is removed without payment of royalty as required to be paid under the Parwana the Competent Authority or any officer duly authorized by him may enter the land in respect of which the Parwana is granted and take possession of all or any of minerals or movable property or such part of it as will suffice to recover the royalty payable. (14) If the payment of any amount recoverable under this Parwana is not made within thirty days from the due date, the same may be recovered as arrears of land revenue and the Parwana may be cancelled. (15) On or after expiry of the period of the Parwana or when the Parwana is cancelled before the date of expity of the period, after the date of such cancellation, the Parwana holder shall not carry on any quarry operation or remove any mineral that may have been excavated. If such Parwana holder is found to carry out any quarry operation or removing minerals, he shall be liable for punishment .under rule 6 8. (16) The Parwana shall be non-transferable. (17) The Parwana holder shall immediately report any occurrence of accident to the Competent Authority, the Commissioner, the District Magistrate and the District Superintendent of Police of the District in which the area is situated. (18) The Parwana holder shall maintain the boundary marks and pillars of the land in proper order and on their proper places. (19) The Parwana holder shall work the area systematically as far as possible so as to avoid all waste. He shall comply with any direction or advice given by the Competent Authority or an officer authorized by him for the systematic working of the mineral. (20) The Parwana holder shall not encroach the area which is not granted to him or an area which is occupied by any other person or which is the Government land. If any trespass, encroachment, or damage is caused on the area of any other person or on the Government land, he shall be liable to pay an amount as may be determined by the Competent Authority. He shall indemnify the Government from and against all suits and demands which may be brought by any persons for any damage, injury or disturbance. (21) No power of attorney shall be given by a Parwana holder in respect of the area specified in the quarry Parwana granted to him, otherwise the Parwana shall be cancelled forthwith without assigning any reasons by the Competent Authority. (22) The Parwana holder shall maintain accounts to verify the production, payment of royalty in the manner as may be specified by the Commissioner. He shall furnish the returns as may be required by the Commissioner. (23) In case no quarry operation is carried out in the area specified in the quarry Parwana , for a period of 120 days without any reasonable cause or without permission of the Competent Authority the Parwana shall be liable to be cancelled, after giving an opportunity to the holder to state his case. (24) The Commissioner or the Competent Authority or any of the officers authorized by him or any of the officer of the Government of India shall be allowed to inspect the quarry at reasonable time. (25) If the Competent Authority refuses to grant the quarry Parwana applied for, the fee paid by the applicant for the grant of such Parwana shall be refunded. ### 59. Dimension of leased area. - The dimension of the area to be granted shall be a square or a rectangular. ### 60. Security for Quarry Parwana. - The person to whom a quarry Parwana is granted shall pay a sum as may be determined by the Commissioner as security deposit before issuing of Parwana: Provided that the Competent Authority may refund the security deposit on application within 60 days to the Parwana holder in case where the Parwana is surrendered or the period of the Parwana has expired and no renewal thereof has been applied for, if the deposit is not required to be applied to any of the purposes mentioned in these rules. Chapter-V Grant of Quarry Permit ### 61. Application for quarry permit. (1) Any person may apply for a quarry permit, for the purpose of using the minor mineral for the work relating to Government, Government undertaking or for the work relating to individual himself, or for an occasional necessity, relating to the works of State or National importance, in Form L, in triplicate, with a non-refundable fee at the rate of Rs.100/- for every 500 tones or part thereof. (2) In case the land for which the quarry permit is applied for, is occupied by someone, a letter of no objection to the extraction of the mineral obtain from the occupier of such land, shall be attached with the application. Provided that in case of private lands under cultivation, an order from the revenue officer authorsied to permit the non-agricultural use of the land shall be enclosed. (3) Every application shall be accompanied by certified true copies of the relevant extract of the Record of Right in respect of the land from which the minor mineral is proposed to be extracted and removed and by a map of the area from which the mineral is to be excavated. ### 62. Grant of Quarry Permit. (1) On an application made to the Competent Authority and on payment of royalty at the rate specified in Schedule I, the Competent Authority may grant a quarry permit, in Form M, to any person to extract and remove from certain land within the limit of his jurisdiction for any minor mineral not exceeding [20000 Tones] [Substituted '4000 Tones' by Notification No. GU/2012/(20) /MMR/102011/2479/CHH, dated 11.9.2012 (w.e.f. 26.8.2010).] under any one permit and for the period not exceeding 90 days. [Provided that the Government may grant quarry permit for any longer period as it may deem fit for any minor mineral exceeding 20000 Tones for the works relating to the Government, Government undertaking and any major works of public importance with specific reasons to be recorded in writing.] [Substituted by Notification No. GU/2012/(20) /MMR/102011/2479/CHH, dated 11.9.2012 (w.e.f. 26.8.2010).] (2) The Competent Authority may refuse to grant such permit for reasons to be recorded and the same shall be communicated to the applicant in writing. The amount of royalty paid shall be refunded on refusal to grant such permit. (3) Prior to granting the quarry permit in the Schedule area, the Competent Authority shall obtain the recommendations of the Gram Sabha within whose area the quarry permit is applied for. ### 63. Priority. (1) While granting a quarry permit priority shall be given to a Co-operative Society registered or deemed to be registered under the Gujarat Co- operative Societies Act, 1961. (2) Where two or more Co-operative Societies have applied for a quarry permit in respect of the same land on the same day the Competent Authority shall after taking into consideration the matters specified below either grant the quarry permit to such one of the Co-operative Societies or distribute the land is such manner between the Co-operative Societies, as he deems fit: (i) past experience of the Co-operative Societies in quarry, (ii) number of quarry permits already held by the Co-operative Societies, (iii) financial resources and stability of the Co-operative societies, (iv) technical qualifications possessed by the member of the Co-operative Societies, (v) claim of the Co-operative Societies of having systematically worked the area at any time in the past. ### 64. Conditions on which the quarry permit shall be granted. (1) Every quarry permit granted under rule 62 shall be subject to,- (a) the condition that the depth of the pit below the surface shall not exceed 6 meters. (b) such other conditions as the Competent Authority granting the permit may deem necessary regarding,- (i) the time-limit, mode and place of payment of rents and royalties; (ii) the compensation for damage to land for which the quarry permit is granted; (iii) the felling of trees; (v) entering and working in any reserved or protected forest; (vi) reporting of all accidents; (vii) indemnity to Government against claims of third parties; (viii) the period within which the minor mineral shall be extracted and removed; (ix) forfeiture of property left on the land for which the quarry permit is granted after cancellation of the permit, (x) plugging of bore holes and filling up or fencing all excavations in the land for which the quarry permit was granted, on the expiry or cancellation of the permit. (2) In case of breach of any of the conditions subject to which the permit is granted the Competent Authority may cancel it. On cancellation of the permit the quarried materials lying on the land from which they are extracted shall become the absolute property of the Government. (3) A register of quarry permit shall be maintained by the Competent Authority, in Form N. Chapter-VI Revision ### 65. Revision. (1) Any person aggrieved by any order made by the Competent Authority may within two months of the date of the communication of such order to him, apply to the Government in Triplicate in Form O, for the revision of the order. The application may be entertained after the said period of two months, if the Government is satisfied that he had sufficient cause for not making the application within the stipulated period. (2) In every application made under sub-rule (1) against the order of the Competent Authority, refusing to grant quarry lease or quarry permit or quarry Parwana, any person to whom such a concession was granted in respect of the same area or part there of shall be impleaded as party. (3) Along with the revision application under sub-rule (1), the applicant shall submit as many copies thereof as there are parties impleaded under sub rule (2). (4) (a) On receipt of revision application and the copied thereof, the State Government shall cause to sent a copy of the application to the Competent Authority and to all the parties impleaded therein under sub-rule (2) , to make their representation, if any, within one month from the date of issue of the communication. The Competent Authority and the impleaded parties while making their representation to the Government shall simultaneously epdorse a copy of their representation to other parties by Registered Post A.D. (b) All or any of representation received from any party under clause (a) shall be sent to the other parties for making such further representation as they may like within one month from the date of the receipt of the communication. The parties making further comments shall send the same to all impleaded parties by Registered Post A.D. (5) The revision application, the communication containing representation and counter representation referred to in sub-rule (4) shall constitute the record of the case. (6) After considering the records referred to in sub-rule (5), the Government may confirm, modify or set aside the order relating thereof as the Government may deem fit just and proper after giving a hearing to the aggrieved parties. (7) Pending final disposal of the application for revision, the Competent Authority or as the case may be, the Government for sufficient reasons, stay the execution of the order against which appeal or revision application has been made after giving due hearing to the aggrieved parties. ### 66. Application fees. - Every revision application made under rule 65 shall be accompanied by the treasury Challan of Rupees Five hundred paid as non refundable fee for such application. ### 67. Powers of review by Government. - The Government may at any time of its own accord call for and examine the record or any order passed by the Competent Authority under these rules, for the purpose of satisfying itself as to the legality, propriety or merits of any order passed. If in any case, it shall appear to the Government that any order shall be modified, annulled or reversed, it may pass such orders thereon as it may deem fit. It. may issue an order to stop working of excavation of minerals on the area in dispute: Provided that before any order is passed adversely affecting a person, such person shall be given an opportunity of stating his case. Chapter - VII Offences and Prosecution ### 68. Penalty. - Except as provided under these rules, any person who in contravention of sub-rule (1) of rule 4, quarries, wins, removes or carries away any minor mineral, in respect of the lands in which the mineral vest with the Government, he shall be punishable with imprisonment for term which may extend to one year or with fine which may extend to rupees five thousand or with both and in case of continuing contravention with an additional fine which may extended to rupees five hundred for every day during which the contravention continues after conviction for the last such contravention. Chapter - VIII Miscellaneous ### 69. Disposal of minor minerals by public auction in certain cases. - Notwithstanding anything contained in the foregoing provisions, it shall be lawful for the Competent Authority to sell by public auction or otherwise dispose of the right to remove any minor mineral or of collection of royalty thereon in such cases or class of cases and on such terms and conditions as the Government may by a general or special order direct. ### 70. Power of the Government to give Direction. - The grant or renewal of quarry lease, quarry permit and quarry Parwana under these rules shall be subject to such general instruction and directions as may be issued by the Government from time to time regarding conservation and scientific and economic development of minerals and industrial use of the Mineral in the State. ### 71. Prohibition to Transport Sand Beyond Border. - No movement of sand shall be allowed beyond the border of the State. In case, any vehicle is found transporting sand to the neighboring State even with authorized royalty pass or delivery challan, it shall be treated as violation of Act and the rules made there under and the penal provisions, except compounding, as specified therein shall be applicable. ### 72. Interest on delay payment. - The Government shall without prejudice to the provisions contained in these rules charge simple interest at the rate of eighteen percent per annum on any rent, royalty or other sum due to the Government under these rules or under the terms and conditions of any quarry lease or quarry Parwana from the date fixed by the Government or the Competent Authority or, as the case may be, the Commissioner for payment of such royalty, rent or other sum and until payment of such royalty, rent or other sum is made : Provided that Government may relax the rate of interest in deserving cases by special order. ### 73. Refund. - No refund shall be admissible if an application made under these rules is withdrawn by an applicant or having been sanctioned, the applicant refuses to accept the quarry lease or Parwana or permit as the case may be. ### 74. Repeal and saving. - The Gujarat Minor Mineral Rules, 1966 are hereby repealed. Notwithstanding such repeal, anything done or any action taken, including any order made, direction given or notice issued under the Gujarat Minor Mineral Rules, 1966 shall in so far as it is not inconsistent with the provisions of these rules, be deemed to have been done, taken, made, given or as the case may be, issued, within the corresponding provisions of these rules. Form-A (See rule 6) Application for Quarry Lease (under rule 6 of the Gujarat Minor Mineral Concession Rules, 2010 ) Received at..................(Place) .....................at................a.m./p.m. on the day of.................Entered in the Register at No..........................on page Signature and designation of Receiving Officer From:................................... ........................................ ........................................ To, ........................................ ........................................ ........................................ Dated the....................... Sir, ### 1. I/We submit an application for quarry lease for (mineral) for a term of..................years over..............hectares of land in the area specified in the Annexure hereto appended. ### 2. A sum of Rs....................payable as fee for the grant of such lease under rule 6 of the Gujarat Minor Mineral concession Rules 2010 has been paid in the Government Treasury at........................ and the receipted Challan is enclosed. ### 3. The required particulars are given below: Name of applicant, stating whether he or it is an individual, firm, company or society.................. (i) Nationality of the individual or place of registration or incorporation of firm, company or society....................... (ii) Profession of the applicant........................................ (iii) Address of the applicant........................................ (iv) Minor mineral/minerals which the applicant intends to quarry....................................... (v) Period for which the lease is required................................................ (vi) Approximate quantity of mineral expected to be raised during the first year....................... (vii) Particulars of the areas, mineralize, within the State for which the applicant or any person jointly in interest with him. (a) already holds a quarry lease...................................................... (b) has already applied for a quarry lease but not granted.......................... (c) being applied for simultaneously................................................ (d) nature of joint interest, if any................................................................. (viii) Means by which the mineral/minerals is/are to be raised i.e. whether manual or mechanical................................... (ix) Manner in which the mineral raised is to be utilized. (a) for manufacture............................................. (b) for sale.......................................... (c) Any other purpose.................................... (xi) Details of the plan of the area applied for to be enclosed. (The plan should be on the relevant portion of the cadastral village map with sale and should contain natural features, landmarks or other features to enable identification of the area in the field, the nearest railway station, or any other place of importance) (xii) Is the area applied for in a contiguous block. (xiii) Has the applicant any previous experience in quarry? If yes, details should be given................................ (xiv) Financial resources of the applicant................................................................................................... (xv) Total investment in the operations anticipated................................................. (xvi) Particulars of the receipted treasury Challan for the fee.................................. (xvii) Any other particulars which the applicant wishes to furnish. Annexure ### 1. Name of village. ### 2. Details of the area applied for in each Survey Number ### 3. Full description of the area applied for with regard to natural features. ### 4. District. I/We hereby declare that the particulars furnished above are correct and am/are ready to furnish any other details, plans etc. as may be required by you. \| \| \| \| --- \| --- \| \| PlaceYours Faithfully, \| \| \| Date: \| Signature of applicant \| N.B.- If the application is signed by an authorized agent of the applicant; the power of attorney should be attached. Form-B (See rule 7) Receipt for application for quarry lease in respect of Minor minerals (under rule 7 of the Gujarat Minor Mineral Concession Rules, 2010) Office of the..................... (Serial no................................dated..............................20.. Received an application with the enclosures listed below for a quarry lease from Shri/Ms/M/S......................at......................... a.m./p.m. on.....................20.. for .....(Name of mineral) in.................................hectares of land situated under revenue control in..............................Village...............................Taluka....................District..... \| \| \| \| --- \| --- \| \| Enclosures: \| 1. ........................... \| \| \| 2 ........................... \| \| \| 3 ........................... \| \| \| 4 ........................... \| \| \| 5 ........................... \| \| \| 6 ........................... \| Place: Date: Signature and designation of the receiving officer Form C (See rule 9) Register of application for quarry leases (under rule 9 of the Gujarat Minor Mineral Concession Rules, 2010) \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| Name of Applicant with full address \| Time and date of receipt of application \| Particulars of minerals applied for \| Taluka \| Name of village \| Survey No./Nos. \| Area hectors \| Particulars of Application fees paid \| Final disposal of application \| Remarks \| Signature \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| 7 \| 8 \| 9 \| 10 \| 11 \| \| \| Form-D (See rule 10(3) ) Form of quarry Lease /Renewals (under rule 10 (3) of the Gujarat Minor Mineral Concession Rules, 2010) This identure made this............. day of 20..... between the Governor of Gujarat.................................(Here in after Referred to as the "State Government" which expression shall where the context so admits be deemed to include this successors in office and assigns) of the one part and (1) (Name of person) (address and occupation) ............................................................................................................ (hereinafter referred to as "the lessee" which expression shall where the context so admits be deemed to include his heirs executors, administrators, representative and permitted assignees. (2) (Name of Person) (address and occupation) ............................................................................................................ and (Name of person)........................................................... of (address and occupation) ............................................................................... (hereinafter referred to as "the lessee" which expression shall where the context so admits be deemed to include their respective heirs, executors, administrators, representatives and their permitted assignees.) (3) (Name of person) ................................................................................ of (address)........................................................................................ and (Name of person)................................................................................ of (address)........................................................................................ and (Name of person)................................................................................ of (Address)............................................................all carrying on business in partnership at (Address of the firm or syndicate)................................under the name style of(Name of the differ or syndicate)...................................registered under (Act which registered...........(Hereinafter referred to as "the lessee" which expression shall when the context to admits be deemed to include all the partners of the said firm, their representatives, heirs executors, administrators and permitted assignees) (4) (Name of Company)........................a company registered under (Act under which incorporated)..............and having its registered office at (address)..............(hereinafter referred to as "the lessee" which expression shall where the context so admits be deemed to include its successors and permitted assignee (4) of the other part. Where As the lessee/lessees has/have applied to the Competent Authority concerned in accordance with the Gujarat Mineral Concession Rule 2010 (hereinafter referred to as the said rules) for a quarry lease /renewal for..................in respect of the lands described in part I of the Schedule hereunder written and has/have deposited with the Government the sum of Rs as security: And Where as the Commissioner has communicated his approval to the grant of this lease (in case of specified minor minerals) Now this Leasewitnesseth That In Consideration Of The 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/lessees To Be Paid Observed And Performed The Government Hereby Grants And Demise Unto The Lessee/lessees All Those The Quarries/mines Strata/veins Seems And Beds Of...................(Here State Mineral Or Minerals) Hereinafter and in the schedule referred to as the said minerals situated lying and being or under the lands which are referred to in part I of the said schedule, together with a 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 EXCEPT and reserving out of this demise unto the Government the liberties, powers and privileges mentioned in Part IV of the said Schedule TO HOLD the premises hereby granted and demised unto the lessee/lessees from the........................................day of.............................for the term of............years thane next ensuing Yielding and Paying therefore into the Government the several rents and royalties mentioned in Part V of the said Schedule at the respective times therein specified subject to the provisions contained in Part VI of the said Schedule and the lessee/lessees hereby/convents /convenient with the Government as in Part VII of the said Schedule is expressed and Government hereby covenants with the lessee/lessees as in part VII of the said Schedule is expressed And it is hereby a mutually agreed between the parties hereto as in Part IX of the said Schedule is expressed. In Witness Where of these presents have been executed in manner hereunder appearing the day and year first above written. The Schedule above referred to Part- I The area of this lease All the tract of lands situated at areas)in of........ of........ colored .................... and District (Taluka) in (Village/town (description of area of ............the Registration District bearing S. Nos Containing an area Hectares or there about delineated on the plan hereto annexed and thereon ...................and bounded as follows.- On the North by On the South by On the East by And 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/Lessees Subject to the Restriction and Condition in Part III To enter upon land and search for, win, work etc. ### 1. Liberty and power at all times during the term hereby demised to enter upon the said lands and to search for, mine, quarry, bore, dig, drill for, win work, dress, process, convert; carry away and dispose of the said mineral/minerals. To sink drive and make pits shifts and inclines, etc. ### 2. Liberty and power for or in connection with any of the mentioned in this part to sink, drive, make, maintain and use in the said lands any pits, shafts, inclines, drifts, level, 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 ovens brick-kilns workshops store houses, bungalows, godowns sheds and Other building and other works and convenience of the like nature on or under the said lands. To make roads and ways etc. ad use existing roads and ways. ### 4. Liberty and power for or in connection with any of the purposes mentioned in this part to make any tramways, railways, roads and other ways in or over the said lands and to maintain and go and trespass 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) on such conditions as may be agreed to. To get building and road materials etc. ### 5. Liberty and power for or in connection with any of the purpose mentioned in this part to quarry and get ordinary building stone and gravel and other building and road materials (except that of specified minor mineral) and ordinary clay and to use and employ the same and to manufacture such ordinary clay into bricks or tiles and to use such bricks or tiles but not to sell any such materials bricks or tiles on payment of royalties prescribed in the said rules. (Bracketed portion to be deleted in case the lease is for specified minor mineral). To use water from streams etc. ### 6. Liberty power for or in connection with any of the purposes mentioned in this part but subject to the rights of any existing or future lessees and with the written permission of collector or any officer authorized by the Government in that behalf to appropriate and use water from any streams, watercourses, spring or other sources in or upon the said lands and to divert step up or dam any such stream watercourse and collect or impound any such water and to make, construct and maintain any water course, culverts, drains or reservoirs but not as so to deprive any cultivated lands, villages, buildings or watering places for livestock of a reasonable supply or water as before accustomed nor in any way to foul or pollute any streams or springs. Provided that the lessee/lessees shall not interfere with the navigation in any navigable stream nor shall divert such stream without the previous written permission of the Government. To use land for stacking heaping or depositing purposes. ### 7. Liberty and power to enter upon and use a sufficient part of the surface of the said lands for the purpose of staking, heaping, storing or depositing thereon any produce of the mines, quarries on works carried on and any tools, equipment, earth and materials and substances dug or raised under the liberties and powers mentioned in this part. Beneficiation and carrying away of production. ### 8. Liberty power to enter upon and use a sufficient part of the said lands to beneficiate, process, dress, convert the said minerals produced from the said lands and to carry away such beneficiated/processed, dressed, converted mineral/minerals. To clear brush-wood and to fell and utilize. ### 9. Liberty and power for or in connection with any of the purposes mentioned in this part to fell and use any timber or trees or brushwood now standing or which hereafter may be standing upon the reserved forest land included within the said lands, provided that not more than------------------------- Sq. mts/bighas or such reserved forest land shall be cleared in any one year nor the same place oftener than once in every year and provided that the previous permission in writing of the Divisional Forest Officer for the time being (hereinafter referred to as the Divisional Forest Officer") is obtained which permission shall be granted by the said Divisional Forest Officer from time to time for an area not exceeding ---------------- hectares at a time on written application of the lessee/lessees to the effect that the lessee/lessees requires/require the additional area for bona fide and immediate extension of mining/quarry operations under this lease and provided also that the exercise of the liberty and power expressed in this clause shall be subject to the observance of the terms and conditions contained in the other part of this Schedule. Part-III Restrictions and conditions as to the exercise of Liberties powers and privileges in Part- II No building etc. upon certain places. ### 1. No building or thing shall be erected set up or placed and no surface operations shall be carried on in or upon any public pleasure ground, burning or burial ground or place held sacred by any class of persons or any house or village site, public road or other place which the Government may cancel mine as public ground nor in such a manner as to injure or prejudicially affect any buildings, works, property or rights of other persons and no land shall be used for surface operations which is already occupied by persons other than the Government for works or purposes not included in this lease. The lessee shall not also interfere with any right of way, well or tank. Permission for surface operations in a land not already in use. ### 2. Before using for surface operations any land which has not already been used for such operations the lessee/lessees shall give to the Competent Authority and the Collector of the District Sixty days previous notice in writing specifying the name or other designation 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 or the collector of the District within one month after the receipt by him of such notice unless the objections so stated shall on reference to the Government be annulled or waived. To cut trees in unreserved lands. ### 3. (a) the lessee shall not cut or injure any tree in the leased area without the previous sanction in writing of the Competent Authority. (b) Notwithstanding anything contained in sub-clause (a), the lessee shall not cut or injure any tree in the leased area falling within reserved/protected forest without the previous permission in waiting of the Divisional Forest Officer or the Officer authorized by him in this behalf. Not to enter upon reserved forest. ### 4. (a) Save as provided in clause 9 of Part II of this Schedule the lessee/lessees shall not without the express sanction of the Divisional Forest Officer cut down or injure any timber or trees on the said lands but may without such sanction clear away any bush wood or under-growth which interferes with any operations authorized by these presents and not withstanding anything in this Schedule contained shall not enter upon any reserved forest included in the said lands without seven days previous notice in writing to the Divisional Forest Officer nor without obtaining the sanction in writing of that officer nor otherwise than in accordance with such conditions as that officer may in his absolute discretion prescribe. (b) . The lessee shall pay such compensation as may be assessed by the Chief Conservator of Forests for damage caused to the land in any area of the reserved forest on account of the mining operation carried out in such area. The compensation for such damage shall be based on the value of the standing trees in such area and twenty times the sum of annual revenue derived by Government from such land immediately before the grant of lease. No mining operation within 50 meters of Public Works etc. ### 5. The lessee/lessees shall not work or carry on or allow to be worked or earned on any quarry or mining operations at or to any point within a distance of 50 meters, if no blasting is involved and 200 meters, if blasting in involved from the boundary of any railway line except with the previous written permission of the Railway Administration concerned or from the boundaries of any reservoir, canal or other public works or building or inhabited site except with the previous permission of Government or any other officer authorized by the Government in this behalf and otherwise than in accordance with such instructions restrictions and conditions either general or special which may be attached to such permission. The said distances of 50 meters or 200 meters shall be measured in the case of railway reservoir or canal horizontally from the outer toe of the bank or the outer edge of the cutting as the case may be and in case of a building horizontally from the plinth thereof. Explanation. - For the purposes of this clause the expression Railway Administration shall have the same meaning as it is defined to have in the Indian Railway Act, 1890, by section 3, sub-section (4) of that Act, Public Road shall mean a road which has been constructed or artificially surfaced as district from a tract resulting for repeated use. Facilities for adjoining Government licences, and leases. ### 6. The lessee/lessees shall allow existing and future holders of Government licences of leases over any land which is comprised in or adjoins or is reached by the land held by the lessee/lessees reasonable facilities of access thereto. Provided that no substantial hindrance or interference shall be caused by such holders of licences or lessees to the operations of the lessee/lessees under these present and the lessee/lessees shall be entitled to compensation as may be mutually agreed upon between the lessee/lessees and such holders and in the event of disagreement such fair compensation may be cancel mined by the Competent Authority or any other officer authorized by the Government in respect of all loss or damage sustained by the lessee/lessees by reason of or the exercise of this liberty. ### 7. If the said lands or part thereof are forest lands, the lessee shall take all steps to ease the slopes and restore top soil in lands worked out, exploited or mined and it shall be open to the Government to afforest such lands even during the existence of the lease. Part- IV Liberties, Powers and Privileges Reserved to the Government To work other minerals. ### 1. Liberty and power for the Government or any lessees or person authorized by it in that behalf to enter in to and upon the said lands to search for win, work, dip, get, raise, dress, process, convert and carry away any minerals other than the 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 courses, drains, reservoirs, engines, machinery, plant buildings, canals, tramways, railways, road ways and other works and conveniences as may be deemed necessary or convenient. Provided that in the exercise of such liberty and power no substantial hindrance or interference shall be caused to or with the liberties powers and privileges of the lessee/ lessees under these presents and that the lessees shall be entitled to such fair compensation as may be mutually agreed upon or in the event of disagreements as may be cancel mined by the Competent Authority or any other officer appointed by the Government in respect of all loss or damage sustained by the lessee/ lessees by reason or in consequence of exercise of such liberty and power. To make railways and roads. ### 2. Liberty and power to the Government or Central Government to construct any road, railway or canal reservoir or to carry electric or telephone lines in or over the lands under the 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 purpose shall be excluded from the area under the lease and the lessee will not be entitled to claim any compensation for such exclusion. ### 3. Liberty and power to the Government to cancel mine, at any time by giving to the lessee six months notice in writing, the lease if the area for which the lease has been granted or any part thereof is required by the Government for any public purpose and declaration under the signature of the Commissioner that the area, or as, the case may be the part of the areas is so required shall, as between the lessee and the Government, be conclusive. ### 4. On the cancellation of the lease under this power the area under the lease shall be resumed by the Government and the lessee shall be paid such compensation as may be cancel mined by an officer appointed by the Government for the purpose and in assessing the amount of compensation, the officer so appointed shall be guided by the principles laid down in the Land Acquisition Act, 1984 for such assessment. Part V – Rent and Royalties Reserved by this lease ---------------------------------------------------- To pay dead rent or royalty whichever is greater. ### 1. As per rule 22 the lessee shall also pay to Govt, for every year of the lease, the yearly dead rent specified in Schedule - II, and if the lessee is permitted to work for more than one minor mineral in the same area, than lessee should pay the dead rent for both minor minerals. Rate and mode of payment dead rent. The lessee /lessees shall not be liable to pay in respect of any 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 only whichever of the said sums is greater ### 2. Subject to the provision of Clause 1 of this part, as from the day of during the subsistence of this lease the lessee/lessees shall pay to the Government annual dead rent at the rate mentioned in second schedule of the said rules per mineral. Rate and mode of Payment of royalty ### 3. Subject to the provisions of clause 1 of this part, the lessee/lessees shall, during the subsistence of this lease, pay to Government at such times and in such manner as the Government may prescribe royalty in respect of any minor minerals removed by him/them from the leased area at the rates for the time being in force under Schedule I to the Gujarat Minor Minerals Concession Rules, 2008. Payment of surface rent ### 4. The lessee shall pay rent to the Government for all parts of the surface area leased to him for the purpose of quarry, surface rent at the rate prescribed by Government from time to time. Part VI – Provisions relating to the rents and royalties ---------------------------------------------------------- Rent and Royalties to be free from deductions etc. ### 1. The rent and royalties mentioned in Part V of this Schedule shall be paid free from any deductions to the Government at District/Sub-Treasury at and in such manner as the Competent Authority may prescribe. Mode of computing of royalty ### 2. For the purpose of computing the said royalties the lessee/lessees shall keep a correct account of the mineral/minerals actually produced from the quarries/mines/lands and dispatched from the quarry in the form prescribed by Government and the number of persons employed therein and also complete plans of quarry and shall furnish to the Commissioner such information, report and returns as he may require from time to time together with representative samples of minerals and processed materials from the same obtained during the operations. The accounts as well as the quantity (in volume or in weight as the case may be) of the mineral/minerals in stock or in the process of dispatch from the quarry may be checked by any Officer authorized by the Government and or by the Competent Authority/ Commissioner. Course of action if rents and royalties are not paid in time. ### 3. Should the royalty or rent both reserved and made payable by the lessee be not paid within thirty days next after the date fixed in the lease for the payment of the same the Competent Authority or an officer authorized by him or an officer authorized by the Commissioner or the Government may enter upon the premises and distrain all or any of the mineral or beneficiated /processed/dressed products or moveable property there and may order the sale of the property so distrained or of so much of it as will suffice for the satisfaction of the rent and/or royalties due and all costs and expenses occasioned by the non payment thereof. ### 4. Any rent, royalty, tax, fees, penalty or other sum due to Government under the said Rules or under this lease shall together with simple interest due thereon at the rate of 18% (eighteen) per annum shall be recovered as arrears of land revenue on the basis of certificate issued by the Competent Authority. ### 5. The lessee shall issue passes in triplicate for removal of the minor minerals from the leased area as may be prescribed by the Government/Commissioner or the Competent Authority. He should also direct the purchaser or the driver of the vehicle to deliver one copy of the pass to the naka clerk, or office of Royalty inspector or mines supervisors. Part- VII The Covenants of the lessee/lessee Lessees to pay rents, royalties, taxes, etc. ### 1. The lessee/lessees shall pay the rents and royalties received by this lease at such times and in the manners provided in Parts V & VI of these presents and shall also pay and discharge all taxes, cesses, rates, assessment and impositions whatsoever being in the nature of public demands which shall from time to time be charged assessed or imposed by the Competent Authority of the Government upon or in respect of the premises and works of the lessee/lessees in common with other premises and works of a like nature except demands for land revenues (Here insert the rates/amounts in lump sum per year, etc. of taxes, cesses etc. leviable in this lease for the time being in force--------------) To maintain and keep boundary marks good order. ### 2. The lessee/lessees shall at his own expense erect and at all times maintain and keep in repair boundary marks and pillars according to the demarcation to be shown in the plan annexed to this lease. Such marks and pillars marks shall be sufficient clear of the shrubs and other obstructions as to allow easy identification. ### 3. If the lessee is found to have encroached in the area not included in the lease, the Commissioner or the Competent Authority or officer authorized by him may issue a notice to vacate the area immediately and the lessee shall vacate the area and stop the excavation in that area immediately. To commence operations within 90 days and work in a workmap like manner. ### 4. Unless the Competent Authority for good cause permits otherwise, the lessee/lessees shall commence operations within 90 days from the date of execution of the lease and shall thereafter at all time during the continuance of this lease search for, win, work and develop the said minerals without voluntary intermission in a proper skillful and workmanlike manner without doing or permitting to be done any unnecessary or avoidable damage to the surface of the said lands or the crops, buildings, structures or other property thereon. The lessee shall prevent waste by removal of overburden, careful storage of waste, drainage and removal of all valuable minor minerals. For the purpose of this clause quarry operation shall include the erection of machinery, lying of a tramway or construction of a road in connection with the quarry. To indemnify Government against any claims. ### 5. The lessee/lessees shall make and pay such reasonable compensation as may be assessed by lawful Competent Authority in accordance with the law in force on the subject for all damage, injury or disturbance which may be done by him in exercise of the powers granted by this lease and shall indemnify and keep indemnified fully and completely the Government 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 expenses in connection therewith. To secure and keep in good condition pits, shafts. ### 6. The lessee/lessees shall during subsistence of this lease well and sufficiently secure and keep open with timber or other durable means all pits, shafts and workings that may be made or used in the said lands and make and maintain sufficient fences to the satisfaction of the Government round every such pit shaft or working whether the same is abandoned or not and shall during the same period keep all workings in the said lands, except such as may be abandoned, accessible free from water and foul air as far as possible. The lessee/lessees shall also take adequate steps to ensure that.- (a) heights and widths or trenches in open quarries are properly maintained to facilitate easy removal of the mineral and muck. (b) the working faces are always kept clean, and (c) the minerals and or beneficiated, processed, dressed products there from won are stacked in suitable dimensions and each such stack is numbered or marked in a manner prescribed by the Competent Authority. (d) the proper sanitation of the area leased to him in maintained. To strengthen and support the quarry to necessary extent. ### 7. The lessee/lessees shall strengthen and support to the satisfaction of the Railway Administration concerned or the Government or any other Competent Authority controlling the provisions of any law for the time being in force relating to the working of quarries and matters affecting safety, health and labour matters, as the case may be any part of the quarry which in its opinion requires such strengthening or support for the safety or any railway, reservoirs, canal, road and other public work or structures. ### 8. (1) The lessee/lessees shall submit from time to time or when required, progress reports to the Competent Authority along with analysis and representative samples of the mineral collected during the quarry operations as also the periodical returns prescribed in the said Rules or in the manner prescribed by him from time to time. (2) The lessee/lessees shall submit to the Commissioner the Competent Authority and any other officer as may be specified by the Commissioner in this behalf, an annual return in Form G appended to the rules, for each financial year ending 31st March, before the 30th April of the succeeding year. To allow Inspection of working. ### 9. The lessee/lessees shall allow any officer authorized by the Central Government or the Government or the Competent Authority or the Commissioner under the said rules in that behalf to inter upon the premises including any building excavation or land comprised in the lease for the purpose of inspecting, examining, surveying and making plants thereof sampling and collecting any data and the lessee/lessees shall with proper person employed by the lessees/lessees and acquainted with the mine/quarry and works effectively assist such officers agents, servants and workmen in conducting every such inspection and shall afford them all facilities information connected with the working of the quarry which they may reasonably require. Such Officer may issue such reasonable directions as he may deem fit to prevent wasteful extraction of minerals and it shall be the duty of the lessee/lessees his/their agent/manager to carry out such directions within such period as the officer may specify. If the lessee/lessees, his/their agent or manager fails to carry out such directions within the specified period, the Competent Authority may cancel the lease or may impose a penalty not exceeding twice the amount of the annual dead rent. To report accidents. ### 10. The lessee/lessees shall report all accidents to the Commissioner of Geology & Mining, \* Competent Officer the District Magistrate and the District Superintendent of Police concerned. 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. To report discovery of other minerals. ### 11. Whenever the lessee/lessees shall find in the said lands any mineral other than the said mineral/minerals the lessee/lessees shall immediately report such discovery in writing to the Competent Authority and to the Commissioner with full particulars of the nature and position of each such find. To keep record and accounts regarding production and employees etc. ### 12. The lessee/lessees shall at all times 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 accounts which shall contain accurate entries showing from time to time .- (1) Quantity and quality of the said mineral minerals, realized from the said land: . (2) Quantity of the various qualities of the said mineral/minerals beneficiated processed or converted; (3) Quantities of the various qualities of the said mineral/minerals sold and disposed of separately and the manner and purpose of such sale and disposal; (4) The prices and all other particulars of all sales of the said mineral/minerals; (5) The number of persons employed in the mines or works or upon the said lands specifying nationality; qualifications and pay of the technical personnel; (6) Such other facts, particulars and circumstances as the Competent Authority or the Commissioner may from time to time require and shall also furnish free 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 reasonable times allow such officers or any other officer as the 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. To maintain plans, etc. ### 13. The lessee/lessees shall at all times during the said term maintain at the mine/quarry office correct intelligible up-to-date and complete plans and sections of the mines/quarries in the said lands. They shall show all the operations and working and all the trenches, pits and drillings made by him/them in the course of operations carried on by him/them in the course of operations carried on by him/them under the lease, faults and other disturbances encountered and geological data (and all such plans and sections shall be emended and filled up) from actual survey to be made for that purpose at the end of twelve months or any period specified from time to time and the lessee/lessees shall furnish free of charge to the Government and to the Commissioner true and correct copies of such plans and sections 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 minerals encountered. (c) Any other matter of interest and all data required by the Government, the Competent Authority and or the Commissioner from time to time. The lessee/lessees shall also any officer authorized by the Central or the Government or the Competent Authority or the Commissioner to inspect the same at all reasonable times. To abide the provisions of the law in force in respect of labour welfare and safety measures, ### 14. The lessee/lessees shall be bound by the provisions of any laws for the time being in force relating to the working of the quarries (mines and minerals) and matters affecting safety, health and convenience of the lessee's/lessees employees of the public. ### 15. The lessee/lessees shall respect all existing rights of way, water and other basement and shall carry on mining/quarry or other operations under the said lease in any way other than prescribed under these rules. To provide weighing machines. ### 16. The lessee/lessees shall provide and at all time/keep at or near the pit head or each of the pit head at which the said minerals shall be brought to bank on a properly constructed and efficient weighing machine and shall weigh or cause to be weighted thereon all the said minerals from time to time brought to bank, sold, exported and converted and also the converted products and shall at the close of each day cause the total weights, ascertained by such means of the said minerals, ores products raised, sold, exported and converted during the previous twenty four hours to be entered in the aforesaid books of accounts. The lessee/lessees shall permit the Government at all times during the said term to employ any persons to present at the weighing of the said minerals as aforesaid to keep accounts thereof and to check the accounts kept by the lessee/lessees. The lessee/lessees shall give four days previous notice in writing to the Competent Authority as defined under the said rules of every such measuring or weighing at he or some officer on his behalf may be present thereof: Provided the Competent Authority may waive this clause in cases were royalty is payable other wise than by weight. To allow test of weighing machines. ### 17. The lessee/lessees shall allow any person or persons appointed in that behalf by the Government at any time to time during the said term to examine and test, every weighing machine to be provided and kept as aforesaid and the weights used therewith in order to ascertain whether the same respectively are correct and in good repair and order and if upon any such examination or testing any such weighing machine or weights shall be found incorrect or out of repair of order to the Government may require that the same be adjust, repaired and put in order by and at the expense of the lessee/lessees and if such requisition be not complied with within fourteen days after the same shall have been made, the Government may cause such weighing machine or weights to be adjusted, repaired and put in order and the expense of so doing shall be paid by the lessee/lessees to the Government on demand if upon any such examination or testing as aforesaid any error shall be discovered in any weighing machine or weights to the prejudice of the Government such error shall be regarded as having existed for three calendar months previous to the discovery thereof or from the last occasion of so examining and testing the same weighing machine and weights in case such occasion shall be within such period of three months and the said rent and royalty shall be paid and accounted for accordingly. Government indemnified from paying Compensation injury to third parties. ### 18. The lessee/lessees shall make and pay reasonable satisfaction and compensation for all damage injury or disturbance of person or property which may be done by or on the part of the lessee/lessees in exercise of the liberties and power granted by these presents and shall at all times save harmless and kept indemnified the Government from and against all suits claims and demands which may be brought or made by any person or persons in respect of any such damage injury or disturbance. Not to obstruct working of other minerals. ### 19. The lessee/lessees will exercise the liberties and powers hereby granted in such a manner as to offer no un-necessary or reasonably avoidable obstruction or interruption to the development and working within the said lands of any minerals not included in this lease and shall at all times afford to the Central and Governments and to the holders of quarry leases quarry permits and prospecting licenses or mining lease, in respect of any such minerals or any minerals within any lands as the case may be reasonable means of access and safe and convenient passage upon and across the said lands to such minerals for the purpose of getting, working developing and carrying away the same provided that the lessee/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 licenses. Liberty to assign or transfer right ### 20. The lessee/lessees may assign this lease or transfer any rights, title or interest there under to any person with the previous written sanction of the Commissioner as provided in rule 20 of the said rules on payment of a fee of rupees equal to the single dead rent amount chargeable per year for first time transfer of quarry lease and 2nd or more transfer double the amount of yearly dead rent or 12 1/2 percent of the monetary consideration for transfer which ever in higher. The lessee/lessees shall not allow this lease or any right title or interest hereunder to be attached or sold in compliance with any decree or order of a Court or Revenue Officer; provided also the assignment or transfer as aforesaid the instrument thereof shall be registered within three calendar months from the date of its completion. ### 21. (1) Transfer of Quarry lease. - The lessee shall not without the consent in writing of the Commissioner. (a) assign, subject or 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/lessees will or may be directly indirectly financed to a substantial extent by, or under which the lessee's operations or under taking will or may be substantially controlled by any person or body of persons other than the lessees. (2) The Commissioner may by order in writing, cancel the lease at any time, if the lessee/lessees has/have in the opinion of Commissioner committed a breach of any of the provisions contained in this clause, or has/have transferred the lease or any right, title or interest therein otherwise than in accordance with clause 19; Provided that no such order shall be made without giving the lessee/lessees a reasonable opportunity of stating his/their case. ### 22. Not to be financed or controlled by a Trust, Corporation Firm or person.- the lease shall not be controlled and the lessee/lessees shall not allow themselves to be controlled by any trust, syndicate, corporation, Firm or person except with the written consent of the Government. The lessee/lessees shall not enter into or make any arrangement, compact or understanding where by the lessee/lessees will or may be directly or indirectly financed by or under which the lessee's/lessee' operations or undertakings will or may be carried on directly or indirectly by or, may be carried on directly or indirectly by or for the benefit of or subject to the control of any Trust, Syndicate Corporation, Firm or person unless with the written sanction given prior to such arrangement, compact or understanding being entered into or made, of the Government and any or every such arrangement compact, or understanding as aforesaid (entered into or made with such sanction as aforesaid) shall only be entered into or made shall always be subject to an express condition binding upon the other party or parties thereof that it shall be terminable if so required in writing by the Government and shall in their event of any such requisition being made be forthwith thereafter cancel mined by the lessee/lessees accordingly. Lessee shall deposit an additional amount necessary other than security deposit. ### 23. Whenever the security deposit as provided in rule 19 of the said rules or any part thereof any further sum hereafter deposited with the Government in replenishment thereof shall be forfeited of applied by the Competent Authority pursuant to the power hereinafter declared in that behalf the lease/lessees shall deposit with the Government such further sum as may be sufficient with the unappropriated part thereof to bring the amount in deposit with the Government up to the sum equal to the full security deposit amount. Delivery of working in good order to Government after cancel mination of lease ### 24. The lessee/lessees shall at the expiration or sooner cancel mination of the said term or any renewal thereof deliver upto the Government all mines, pits, shafts, inclines, drifts, levels, waterways and other works now existing or hereafter to be sunk or made on or under the said lands except such as have been abandoned with the sanction of the Competent Authority and/ or the Commissioner and in an ordinary and fair course of working all engines, machinery, plant, buildings, structures, other works and conveniences which at the commencement of the term were upon or under the said lands and all such machinery set up by the lessee/lessees below ground which cannot be removed without causing injury to the mines quarries or works under the said lands (except such of the same as may with the sanction of the Competent Authority /the Commissioner Government have come to be treated as disused )and all buildings and structures of bricks or stone erected by the lessee/lessees above ground level in good repair order and condition and fit in. all respects for further working of the said mines and the said minerals. Right of Preemption ### 25. (a) The Government shall from time to time and all times during the said term have the right (to be exercised by notice in writing to the lessees/lessees) of per-emption of the said minerals (and all products thereof) in or upon the said lands hereby demised or elsewhere under the control of the lessee/lessees and the lessee/lessees shall with all possible expedition deliver all minerals or products of minerals purchased by the Government under the power conferred by this provisions in the quantities at the times in the manner and at the place specified in the notice exercising the said right. (b) Should the right to pre-emption conferred by this present provision be exercised and a vessel charted to carry the minerals or products thereof procured on behalf of the Government be cancel mined or demurrage at the port of loading the lessee/lessees shall pay the amount due for demurrage according to the terms of the charter party of such vessel unless the Government shall be satisfied that the delay is due to causes beyond the control of the lessee/lessees. (c) The price to be paid for all minerals or products of minerals taken in pre-emption by the Government in exercise of the right hereby conferred shall be the fair market price prevailing at the time of pre-emption PROVIDED THAT in order to assist in arriving at the said fair market price the lessee/lessees shall if so required furnish to the Government for the confidential information of the Government particulars of the quantities, descriptions and prices of the said minerals or products sold to other customers and of charters entered into for freight for carriage of the same and shall produce to such officer or officers as may be directed by the Government original or authenticated copies of contracts and charter parties entered into for the sale of freightage of such minerals or products. (d) In the event of the existence of State of War or emergency (of which existence the President of India shall be the sole judge and a notification to this effect in the Gazette of India shall be conclusive proof) the Government with the consent of the Central Government shall from time to time and all times during the said term have the right to be exercised by a notice in writing (to the lessee/lessees) forthwith take possession and control of the works, plant, machinery and premises of the lessee/lessees on or in connection with the said lands or operations under this lease and during such possession or control the lessee/lessees shall conform and obey all directions given by or on behalf of the Central or Government regarding the use of employment of such works, plants, premises and minerals. Provided that fair compensation which shall be cancel mined in default or agreement by the Government shall be paid to the lessee/lessees for loss or damage sustained by him/them by reason or in consequence of the exercise of the powers conferred by this clause and Provided Also that exercise of such powers shall not cancel mine the said term hereby granted or affect the terms and provisions of these presents further than may be necessary to give effect to the provisions of this clause. Not to light fire in Forest ### 26. The lessee/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 Officers may in writing specify and the lessee/lessees and his their workmen and employees shall render prompt assistance in extinguishing any fire on the said lands or in their vicinity. The lessee/lessees shall be liable for all damage resulting from the fire caused by the act of or omission of lessee/lessees or/their employees and shall pay such compensation for the said damage as may be assessed by the Divisional Forest Officer. The decision of the Divisional Forest Officer as to the amount of compensation payable by the lessee/lessees shall be final and binding on the lessee/lessees. No right over produce other than minerals ore/s mentioned in the lease. ### 27. (a) The lessee/lessees shall not remove any other produce except the minor mineral mentioned in the lease. The lessee/lessees shall without delay, report to the Competent Authority and the Commissioner the discovery in the areas, comprised in his/their lease of any mineral/s not specified in the lease. (b) If any mineral/s not specified in the lease is/are discovered in the leased in the leased area, he/they shall not win and dispose of such mineral/s without obtaining a lease/leases therefore. If he fails/they fail to apply for such lease/leases within three months from the discovery of the said mineral/minerals the Competent Authority may grant a lease/leases in respect of such mineral/minerals to any other person/persons. (c) Without the prior permission of the Commissioner the lessee shall not use the minor minerals quarried under these rules for a purpose, which will classify them as major minerals. ### 28. The lessee/lessees shall make available to the Government of India beryl or any other 'Substance prescribed' under section 3 of the Atomic Energy Act (Act XXIX of 1948) if they are found to occur in the said lands. ### 29. The Government shall be immune from the lessee's/lessees' claims for damage on account of any land having been included in his lease which may subsequently be discovered not to have been available for the lease. ### 30. The lessee/lessees or his/their transferees or assignees shall not effect 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 orders issued by any officer under any such law within whose jurisdiction the leased area is situated. ### 31. The lessee/lessees shall abide by such reasonable instructions and directions as may be issued by the Commissioner from time to time regarding conservation and development of minor minerals. Part - VIII The Covenants of the Government Lessee may hold and enjoy rights quietly ### 1. The lessee/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/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 Government or any person rightfully claiming under it: Provided further that in case the renewal application is not finalized within the aforesaid period the lease shall be deemed to have been extended for a further period till final order of renewal of lease is passed by the Competent Authority. Acquisition of lands of third parties and compensation thereof ### 2. If in accordance with the provision of Clause 4 of Part VII of this Schedule the lessee/ 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/lessees and the said occupier shall refuse his consent to the exercise of the right and power reserved to the Government and demised to the lessee/ lessees by these presents and the lessee/ lessees shall report the matter to the Government and shall deposit with it the amount offered as compensation and if the 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 Government shall consider fair and reasonable the Government shall order the occupier to allow the lessee/ lessees to enter the land and to carry out such operation as may be necessary for the purpose of this lease. In assessing the amount of such compensation the Government shall be guided by the principles of the Land Acquisition Act. To renew ### 3. If the lessee/ lessees be desirous of taking a renewed lease of the premises hereby demised or of any part or parts of them for a further term from the expiry of the term hereby granted and if he/ they give the Competent Authority an application in writing 180 days before the expiry of the lease as prescribed in the said rules, and shall 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/ lessees to be observed and performed upto the expiration of the term hereby granted the Competent Authority will upon the request and at the expense of the lessee/ lessees and upon his/ their executing and delivering to the Government if required a counterpart thereof execute and deliver to the lessee/ lessees a renewal lease of the said premises for the further term as provided in these rules at such rents and royalties and on such terms and subject to such covenants and agreements including this present covenants to renew as shall be in accordance with the Rules applicable to -...................... (name of minerals on the day next following the expiration of the term hereby granted. Surrender of lease ### 4. The lessee may surrender his lease forth with if he has cleared his legitimate dues and submitted his application in prescribed format as provided in Form M. After receiving surrender application from leaseholder in prescribed form concerned Geologist has to submit his opinion with in 45 days , to the Competent Authority and the Competent Authority shall take decision with 45 days after receiving the opinion of the concerned Geologist if decision is not taken in prescribed time limit the dead rent should be stopped. Dead rent should stop, once the Geologist gives opinion to the Competent Authority within 45 days that the land can be surrender or in 90 days which ever is earlier. Refund of security deposit ### 5. The security deposit is not refunded to the lease holder within the period mentioned in the lease deed, the Government shall pay simple interest at the rate of Saving A/c Bank rate of Nationalized Bank from the date of expiry, of the period mentioned in the lease deed. Part-IX General Provisions Obstruction to inspection: ### 1. In case of breach of any of the conditions of the lease other than mentioned in Clauses 2 and 3 of this part, then the Competent Authority may require the lessee/lessees or his/their transferees or assignees to pay penalty not exceeding twice the amount of annual rent dead rent. ### 2. In case of lessee/lessees or his/their transferees or assignee does/do not allow or obstruct entry or inspection, by the officer authorized by the Government, the Competent Authority may cancel the . lease and forfeit the whole or part of the deposit made under Rules 19 of the said Rules. Lessee/assignee commit if any breach of conditions: ### 3. In case the lessee/lessees or his/their transferees or assignee commit any breach of the conditions specified in chapter III of the said rules then and in any such case the Competent Authority shall give notice in writing to the lessee/lessees his/their or transferees or assignees as the case may be asking him/them to remedy the breach within 60 days from the date of the notice and if the breach is not remedied within such period the Competent Authority under the said rules may cancel the lease provided that nothing herein contained shall debar the Government from enforcing any other right or remedy that the Government may have against the lessee/lessees or his/their transferees or assignees under any other provisions herein contained. To lay penalty in case of breach ### 4. In case of breaches of the covenants and agreements by the lessee/lessees on which the aforesaid notice has been given the Competent Authority under the said rules in lieu of giving notice may impose such penalty not exceeding Rs, 1000. ### 5. If the lessee/lessees ceases'/cease to work the quarry for a continuous period of 6 months the lease shall be liable to cancellation: r Provided that the lease shall not be cancelled if the lessee/lessees is/ are prevented from working die quarry owing to some reasonable cause or if the lessee/lessees ceases/cease to work with the prior permission of the Competent Authority. , Interpretation his lease. ### 6. If there is any dispute regarding their lease or any other matter or thing construction of a term or condition in this lease or anything connected with the quarries or minor minerals specified in this lease or the working or non-working of the quarry operated under this 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 Government whose decision shall be final and binding on the lessee. Saving cause. ### 7. Nothing contained in this lease shall be deemed to affect the provisions of Rules 67, 68, 69 and 7i3 of the Gujarat Land Revenue RideS, f972 or any rules corresponding thereto; Failure to fulfil the terms of lease due to "force majeure". ### 8. Failure on the part of the lessee/lessees to fulfill any of die terms and conditions of this lease shall not give the Government any claim against the lessee/lessees or be deemed a breach of this lease, in so far as such failure is considered by the Government to arise from force majeure and if through force majeure the fulfillment by the lessee/lessees of any of the terms and conditions of this lease be delayed, the period 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/lessees could not reasonably prevent or control. Lessee to move his Properties on the expiry of lease. ### 9. The lessee/lessees having first paid and discharged the rent and royalties payable by virtue of these presents may at the expiration of sooner cancellation of the said term or within six calendar months thereafter (unless the lease shall be cancel mined under Clauses 1 and 2 of this Part and in that case at any time not less than three calendar months nor more than six calendar month after such cancel mination) take down and remove for his own benefit all or any engines, machinery, plant, buildings,1 structures, tramways-railways and other work, erections and conve- the lessee/lessees in or upon the said lands and which the lessee/lessees is/are not bound to deliver to the Government under clause 21 of Part VII of this Schedule and which the Government shall not desire to purchase. Forfeiture of property left more than six months after cancellation of lease. ### 10. If at the end of six calendar months after the expiration or sooner cancellation of the said term or after the date from which any surrender by the lessee/ lessees of parts or parts of the said lands under the provisions contained in Clause 4 of VIII 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, building, structures, tramways, railways, and other , work erections and conveniences or other property which are not required by the lessee./ lessees in connection with his / their operations in these parts of the said lands which he/ they/ has/ have not surrendered or in any other lands hold by him/ them/ under prospecting licence or mining lease the same shall if not removed by the lessee/ lessees within one calendar month after notice in writing requiring their removal has been given to the lessee/lessees by the Government be deemed to become the property of the Government and may be sold or disposed of in such manner as the Government shall deem fit without liability to pay any compensation or to account to the lessee/lessees in respect thereof. Services of notices. ### 11. Every notice by these presents required to be given to the lessee/lessees shall be given in writing to such person resident on the said lands as the lessee/lessees may appoint for the purpose of receiving such notice and if there shall have been no such appointment then every such notice Shall be sent to the lessee/lessees by registered post addressed to the lessee/lessees at the address -recorded in this lease or at such other address in India as the lessee/lessees may from time to time in writing to the-Government designate for the receipt of notice and every such service shall be deemed to be proper and valid service upon the lessee/lessees and shall not be questioned or challenged by him. ### 12. This quarry lease shall be subject to the Gujarat Minor Mineral Concession Rules-2010 as amended from time to time. In witness whereof these parents have been executed in the manner hereunder appearing the day and year first above written. Signed by for and on behalf of the Governor of Gujarat in presence of ### 1. ### 2. Signed by for and behalf of in die presence of 1 ### 1. ### 2. Form- E (See rule 11) Register of Quarry Leases (under rule 11 of the Gujarat Minor Mineral Concession Rules, 2010) \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| S. No \| Name and address of the lessee \| Date of application \| No. and date of the order granting the lease \| Date of execution of the lease \| Period of lease \| Mineral Minerals \| S.No S.Nos \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| 7 \| 8 \| \| Village \| Taluka \| Area in hectares \| Rate of surface rent \| Rate of dead rent \| Rate of Royalty \| Details of security deposit paid \| Date of commencement of quarry operation \| \| 9 \| 10 \| 11 \| 12 \| 13 \| 14 \| 15 \| 16 \| \| Date of expiry of lease \| Date of renewal application \| Whether renewed \| Period of renewal \| Rate of dead rent on renewal \| Rate of surface rent on renewal \| Rate of royalty on renewal \| Date of assignment or transfer of lease, if any, and particulars of the person to whom ¦ transferred or assigned \| \| 17 \| 18 \| 19 \| 20 \| 21 \| 22 \| 23 \| 24 \| \| Remarks \| Signature of officer \| \| \| \| \| \| \| Form- F [See rule 17 (4) ] Application for Renewal of Quarry lease (under rule 17(4) of the Gujarat Minor Mineral Concession Rules, 2010) \| \| \| --- \| \| Received at (Place) \| \| \| \| \| \| on (date) \| \| \| \| \| \| Initials of receiving Officer \| \| \| \| \| \| \| \| \| From: To The Collector, District...................... Sir, ### 1. I/We submit an application for the renewal of the quarry lease under the Gujarat Minor Mineral Concession Rules, 2010. ### 2. A sum of Rs......................payable as fee for renewal of the lease under rule 18 (4) has been paid in the Government Treasury at...........................................and the receipted Challan is enclosed ### 3. The required particulars are given below: (i) Name and address of the applicant stating whether he or it is an individual, firm company or society..................................................................... (ii) Mineral/Mineral for which the renewal is applied........................... (iii) Particulars of the original quarry leas.- (a) Village......................... (b) S.No/Nos........................ (c) Area in each S.No................................ (d) Mineral/Minerals..................................................... (e) No. and date of the order granting the leases. (f) Rate of dead.....................................rent fixed........................... (g) Period for which the lease was granted............................... (h) Date of expiry of the lease.......................................... ### 4. Details about the area in regard to which renewal is applied for.- (i) Whether the area applied for is the whole or a part of the lease hold. (ii) In case it is for a part of the lease hold................................... (a) The area applied for............... (b) Description of the area........ (c) Whether a map is enclosed. ### 5. Means by which the mineral/minerals is/are to fie raised. (Manual or mechanical).............................. ### 6. Investment in the quarry operation (give details)............................................ ### 7. Period for which the renewal is applied for.............................................. ### 8. Manner in which the minerals is /are to be utilized................................................ (a) for manufacture .................... (b) for sale........... (c) for any other purpose ### 9. Details of output during the last three yeas and quantity expected to e raised during the next three years. ### 10. Have all dues on the existing quarry lease been paid to Government? ### 11. Any other particulars which the applicant wishes to furnish. I/We hereby declare that the particulars furnished above are correct, and I/We am /are ready to furnish any other details, plans etc. may be required by you. Yours Faithfully Signature of applicant Place : Date : N. B. If the applicant on is signed by an authorized agent of the applicant, the power of attorney should be attached. Form- G (See rule 18) Lease Surrender Application For Minor Mineral (under rule 18(a) of the Gujarat Minor Mineral Concession Rules, 2010) ### 1. Name of Lease Holder ### 2. Name of applicant and designation ### 3. Address of lease holder ### 4. Order No. of lease ### 5. Period of lease ### 6. Total area of lease ### 7. Area for surrender Details of area to be surrendered with map and measurement: \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| District \| Taluka \| Village \| Survey No. \| Area(hects.) \| \| \| \| \| \| \| ### 8. Details of payment of Royalty/Dead rent of lease area to be surrendered ### 9. Details of payment of dead rent/royalty for the last month in which surrender application was made (attach copy of Challan) ### 10. Other necessary details ...................................... (Signature of applicant) Declaration I/We, the under signed hereby declare that I/We intend to surrender the possession of lease area to the Competent Authority, as per Para No-7 of this application ...................................... (Signature of applicant) Date : Place : N.B. The lessee may surrender his lease forth with if he has cleared his legitimates dues and submitted his application in prescribed format as provided in Form G. After receiving surrender application from leaseholder in prescribed form concerned Geologist has to submit his opinion within 45 days. Dead rent should stop once the geologist gives opinion to the Competent Authority within 45 days that the land can be surrendered or in 90 days which ever is earlier. Form- H [See rule 20 (1) (c)] Transfer Deed Agreement (under rule 20(1 (c) ) of the Gujarat Minor Mineral Concession Rules, 2010) This indenture made this day the........................................between Government of Gujarat herein after referred to as the Government which procession shall where the context so admitted demand in include his successors in office and assignees on one part and Shri...................................................................... (hereinafter referred in transferees which expression shall where the context so admits be deemed to include his heirs, executors, administrators, representatives, and permitted assignees on other part. Whereas a quarry lease was granted to Shri..................................................... for......................................to be used as building and construction purpose and to be quarried from survey no........................ Area.....................Aacre/Hectares of village.........................Taluka..............................District------------------- in accordance with the G.M.M.C.R. 2010 or the rules existing the then and as per the lease deed agreement executed between the Government and the lessee on dated.................... and, Whereas Shri.................................................................................... (herein after referred to as the lessee which expression shall include where the context so admits by deemed to include his heirs, executors, administrators, representatives, and their permitted assigners) expressed desire to transfer the said quarry lease in favor of the transferee and, Whereas with prior sanction of the Commissioner ate of Geology & mining, Gujarat State, the lessee has transferred his lease to the transferee referred to above and, Whereas the Commissioner ate of Geology & Mining has ordered that the transferee shall enter in to agreement with Government that after transfer he shall be bound by all the provisions in the lease in the same way as if the lease was originally granted to him etc. He shall be bound by amendments of the Gujarat Minor Mineral Concession Rules, 2010. Now therefore, this indenture witness that the transferee agrees to be bound by all the provisions in original said lease executed by the lessee on dated.................Further he agree that he shall responsible for payment of all government dues which may have remained unpaid by the lessee in respect of the lease referred to above. In witness where of these presents have been executed the manner hereunder appearing the day and year first above written. Signed by For and on behalf of the Government of Gujarat in presence of (1) (1) (2) Signed by transfer for and on behalf of in presence of (1) (1) (2) Signed by transferee for and on behalf of in presence of (1) (1) (2) Form-I [See rule 34 (ii) ] Annual Return for the year ending 31st March 20.... (under rule 34(H) of the Gujarat Minor Mineral Concession Rules, 2010) To (1) The Commissioner of Geology & Mining Govt, of Gujarat, Gandhinagar (2) The district Geologist Office of the Commissioner Geology and Mining, Dist.............. Part- I (Mineral..............) \| \| \| \| \| --- \| --- \| --- \| \| 1 \| Name and address of the lessee..................... \| \| \| 2 \| Location of the quarry............................. \| \| \| \| (a) \| Village \| : \| \| \| \| (b) \| Survey No./Nos \| : \| \| \| \| (c) \| Taluka \| : \| \| \| \| (d) \| District \| : \| \| \| \| (e) \| Railway station for dispatches \| \| \| \| (f) \| Distance from quarry to railway station \| \| \| \| (g) \| Transport charges from quarry to railway station (Rs. per tone): \| \| \| \| (h) \| Mode of transport from quarry to the Railway station: \| \| \| 3 \| Total Area of the lease: \| \| \| \| 4 \| Details of the grant of the lease: \| \| \| \| 5 \| Lease expires on: \| \| \| \| 6 \| No. of days worked during the year: \| \| \| \| 7 \| No. of shifts per day: \| \| \| \| 8 \| Output per man shift: \| \| \| \| 9 \| Average number of persons employed daily- \| \| \| \| Males \| Females \| Adolescents \| Total \| \| Quarry, sorting, \| \| Grading and \| \| Crushing \| \| Transport \| \| 10 \| Average daily wages paid to the labor: \| \| \| \| \| (i) \| Male \| \| \| \| \| (ii) \| Female: \| \| \| \| \| (iii) \| Adolescent \| \| \| \| 11 \| Details of accidents during the year, if any: \| \| \| 12 \| Please briefly mention any factors such as demand price charges, strikes, etc. which in your opinion have affected the quarry operations: \| \| Part - II \| \| 13 \| Stocks of mineral at the beginning of the year. \| \| ---------------------------------------------------------------------------------- At Quarry At \| \| Railway station \| At any other place (to be specified) \| \| A \| \| \| \| \| \| (a) \| Crude \| \| \| (b) \| Processed \| \| Grant total.- \| \| 14 \| (a) \| Quantity quarried during the year \| \| \| \| \| (b) \| Crude \| \| \| \| \| (c) \| Processed \| \| \| \| \| (d) \| Total: \| \| \| \| (b) Total production from the quarry lease area so far: \| \| \| (a) \| Crude \| \| \| \| \| (b) \| Processed \| \| \| \| \| (c) \| Total: \| \| \| \| 15 \| Stocks at the end of the year: \| \| At quarry \| At Railway station \| At any other place (to be specified) \| \| \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_Crude Processed \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Total \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \| \| 16 \| Cost of production per ton: \| \| 17 \| (a) \| Total surface rent paid during the year and details of payment............................................................ \| \| \| (b) \| Total Dead rent paid during the year and details of payment............................................................ \| \| \| (c) \| Total royalty paid and details of payment............................................................ \| \| \| I/We hereby certify that the above particulars are true and that I/We am/are willing produce all documents in support thereof, if desired. \| \| \| \| Signature: \| \| \| \| Designation: \| \| \| \| Name & Address of lessee............................ \| Date: place: Form -J [See rule (i) ] Monthly return for the month of\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (under rule 34 of the Gujarat A :or Mineral Concession Rules, 2010) (To be submitted before the 8th of month of wing the month of report) To, The District Geologist Office of the Commissioner Geology and Mining, Dist................ \| \| \| \| --- \| --- \| \| 1 \| Name of lessee..................................... \| \| 2 \| No. and date of order granting...................................... \| \| 3 \| Location of the quarry.- \| \| \| Village \| Taluka \| District....................................... \| \| 4 \| Rent and royalties paid during the months: \| \| \| (i) …............................... Rent paid Rs …........................ for the period \| \| \| (ii) Royalty paid........................Rs..................and date of payment. \| \| 5 \| Average daily number of laborers employed and wages paid \| \| \| No. \| Wages paid per head. \| \| \| Male..................... \| \| \| \| Female................... \| \| \| \| Adolescent..................... \| \| \| Mineral \| Production \| Previous \| dispatches from \| closing \| Remark \| \| (1) \| (2) \| (3) \| (4) \| (5) \| (6) \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| during \| stock \| the lesssed area \| stock at \| \| \| \| \| the month \| at the \| stock of............ \| the end \| \| \| \| \| \| \| quarry \| \| \| \| \| \| \| \| \| \| \By Rail By others means total despatches of the \| \| \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ months \| \| uantity Value Quantity Value Quantity Value \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| 7 \| 8 \| 9 \| 10 \| 11 \| \| Crude (as quarried)/ Processed \| \Please indicate the means of transport signature of the lessee/lessees Form- J Continued Details of despatches during the Month \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| \| Date \| Name of consignee \| Crude processed \| Means of Transport \| Sale Price \| Remarks \| \| R. No \| VehicleNo. \| Quantity \| Destination \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| 7 \| 8 \| 9 \| \| \| \| \| \| \| --- \| --- \| \| \| Signature \| \| \| Designation \| \| Date .......... \| Name and address of the lessee/Lessees \| \| Place ............ \| \| Form - K (See rule 58) Quarry Parwana (under rule 58 of the Gujarat Minor Mineral Concession Rules, 2010) Quarry Parwana No Name and Address of the Parwana holder The above mentioned Shri......................is granted this Parwana on the following conditions to carry out quarry operation of........................... Name of the Minerals and to extract and remove the same from the land admeasuring...................................... square meters from survey number.............................................................. in village........................Taluka.........................District........................ the of Rs..............( rupees hundred for an area upto 1000 sq.mts and rupees two hundred for an area above 1000 sq mtrs. in Government treasury at..................................by Challan No.........................Date................... Plan Boundaries.- The four boundaries of aforesaid land are under. On the North On the South On the East and on the West Conditions ### 1. The Parwana holder shall only quarry, extract and remove.............................from the above mentioned land and he shall have no right to any other minor minerals that may be found in the land and when such other minerals are found to exist, he shall report the matter in writing to the Competent Authority who granted this Parwana within 15 days. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ such other minerals are found to exist he shall report the matter in writing to the Competent Authority who granted this Parwana within 15 days ### 2. The Parwana holder shall pay.................................................Name of Minerals at the rate mentioned in schedule I of the Gujarat Minor Mineral Concession Rules, 2010 as amended from time to time, weekly or fortnightly as may be prescribed by the Competent Authority. ### 3. The Parwana holder shall pay yearly dead rent on...............................................at the mentioned in second schedule of the Gujarat Minor Mineral Concession Rules, 2010: Provided that he shall be liable to pay/dead rent or royalty in respect of each mineral whichever is higher but not both. ### 4. The Parwana holder shall pay surface rent at fifty paise per 100 square meters or part thereof annually, in advance. ### 4. -A The Parwana holder shall deposit with the State Govt, a sum of rupees hundred as security No. Interest shall run on this security deposit. The Competent Authority may refund this deposit to the Parwana holder in a case where the Parwana is surrendered or the period of Parwana has expired and no renewal thereof has been applied for and the deposit is not required to he applied to any of the purpose mentioned in this Parwana. ### 5. The Parwana holder shall extract and remove the mineral mentioned in clause (1) from the specified in this Parwana in such a manner that no damage is done to any high ways roads, agricultural lads, trees or other places of public utility or property. He shall not carry on any quarry operation within a distance of 50 meters of any railway line, high ways roads, riverbank or other places of public utility or property. ### 6. This Parwana shall be non-transferable. ### 7. The Parwana holder shall immediately report all accidents to the Competent Authority, the Commissioner the District Magistrate and the District Superintendent of police of the District in which the land is situated ### 8. The Parwana holder shall maintain the boundary marks and pillars of the land in proper order and in their proper places. ### 9. The Parwana holder shall work the area systematically as far as possible so as to avoid all waste when any reasonable advise in this respect is given by the Commissioner or the Competent Authority or the Officer authorized by them for systematic working of the mineral it shall be complied with and steps taken accordingly ### 10. The Parwana holder shall keep the Parwana with himself and shall see that no encroachment takes place beyond the land granted on any other land occupied by some other person or government land if any trespass, encroachment or damage is caused in respect of some body else's land or government land, the Parwana holder shall pay an amount cancel mined by the Commissioner by way of damage and shall keep indemnified the government from and against all suits and demand which may be brought by any person or persons in the interest of any such damage injury or disturbance ### 11. No power of attorney shall be given by Parwana holder for this Parwana. If a power of attorney is given the Parwana shall be cancelled forthwith without assigning any reasons. ### 12. The Parwana holder shall maintain accounts to verify the production, payment of royalty as far as possible in the manner prescribed by the commissioner. He shall furnish the returns as may be required by the commissioner. ### 13. If the area held under the Parwana remains idle for a period of 120 days without any cause or without prior permission the Competent Authority shall cancel this Parwana after given an opportunity to the holder to state his case. ### 14. The Commissioner/Authority or any officer authorized by him or any of the Officer of the Government of India shall be allowed to inspect the quarry at the reasonable time. ### 15. This Parwana shall remain in force upto 31st March 200. and shall be renewable every year on payment of Rs..................(rupees hundred for an area upto 1000 sq. mts and rupees hundred for an area above 1000 sq mts at the option of the Competent Authority. ### 16. In the event of any contravention of any of the conditions of this Parwana or the conditions mentioned in the rules or any rules of the Gujarat Minor mineral Concession Rules, 2010 the Commissioner/Authority may cancel the Parwana ### 17. If in case the mineral s removed without payment of royalty as required under this Parwana, the Competent Authority or any officer duly authorized by him may enter the land of he Parwana and taken possession of all or nay of the minerals o movable property or such part of it as will suffice to recover the royalty due together with fine not exceeding the double the annual dead rent payable under this Parwana. ### 18. If the payment of any amount recoverable under this Parwana is not made within 30 days from the due date the same together with simple interest due thereon at the rate of twenty-four percent per annum, shall be recoverable as an arrears of land revenue and Parwana shall be cancel mined. ### 19. On or after expiry of the period of this Parwana of when the Parwana is cancelled before the date o expiry of the period/or renewed period or after the date of such cancellation the Parwana holder shall not carry on any quarry operation or remove any mineral that have ben excavated. If the Parwana holder is found to carry out any quarry operation or removing the mineral he shall be liable for punishment as per rule 68 of the Gujarat Minor Mineral Concession Rules, 2010. ### 20. If the Parwana holder fails to carry out the instruction issued by the Competent Authority the Commissioner any officer authorize by him and violates any, terms of this Parwana and the provisions of the Gujarat Minor Mineral Concession Rules, 2010, as modified from time to time the Competent Authority shall cancel the Parwana after giving a notice of 30 days. This Parwana has been granted with effect from the .............................................Days of..........................in the year twenty hundred...........................................Office of....................................... Place..................... Authority Endorsement On expiry of this Parwana and on the application made on----------------------------for renewal of the Parwana for one year, the Parwana is now renewed for the period of one year ending 31 st March, 200.. . The renewal fee of Rs................(rupees one hundred for an area upto 1000 sq mts. and rupees two hundred for an area above 1000 sq.mts) there to has been paid at government treasury\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_-vide Challan number\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ date\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_- office of the Place: Date :.............................. Authority ### 2. On expiry of this Parwana and on the application made on\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_for renewal of the Parwana for one year, the parwna is now renewed for the period of one year ending 31st March 200.. The renewal of Fee of Rs (rupees one hundred for an area up to 1000 sq mts. and rupees two hundred for an area above 1000 sq mts has been credited at Government Treasury\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_vide Challan number \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ dated................. Date : Place : Form- L [See rule 61 (1) ] Application for quarry permit (under rule 61(1) of the Gujarat Minor Mineral Concession Rules, 2010) Received at............................... (Placed) on........................200... Signature of Receiving Officer Dated the............... To The.......................... ............................. ............................. Sir, ### 1. .................................................I/We submit an application for a quarry permit for........................................(mineral) from the area described below. ### 2. A sum of Rs.\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_payable as fee for the permit under rule 36 of Gujarat Minor Mineral Concession Rules, 2010 has been paid in the government treasury at -...........and the receipted Challan is enclosed. ### 3. The required particulars are given below. (i) Name of applicant stating whether he or it is an individual firm, company or society..................... (ii) Nationality of the individual or place of registration or incorporations of firm company or society............................... (iii) Profession of the applicant.......................................... (iv) Address of the applicant........................... (v) Minor mineral for which the quarry permit is applied for.. (vi) Quantity to be removed under the permit.................... (vii) Whether royalty on the material has been paid; if so, give details. (viii) Details of the area from which the mineral are to be removed .......... (a) Village....................... (b) Survey Number........................... (c) Whether a quarry exists in the area.................. (d) Whether the applicant worked in the area previously.... (ix) Period of validity of the quarry permit. (x) Has the applicant any quarry lease or quarry' permit in force? if so, please give details. (xi) Purpose for which the mineral is to be used, give full details (xii) Is a plan of the area enclosed?....................... (The plan should be on the relevant portion of the cadastral village map so as to enable the area to be identified from surface features etc.) (xiii) If the land is an occupied land, has the occupant's willingness been ascertained and his letter of consent enclosed? (xiv) If the land is an agricultural land has the .permission of the revenue authorities been obtained for converting the same for non-agricultural purpose? If so, please give details I/We am/are fully aware of the rules and shall abide by them. \| \| \| \| --- \| --- \| \| Place: \| Yours Faithfully \| \| Date: \| Signature of applicant \| N.B. - If the application is signed by an authorized agent of the applicant, the power of attorney should be attached (To be filled in the office of the Officer granting the permit) ### 1. Date of grant/refusal of permit........................................ ### 2. Period of grant...................................................... ### 3. Quantity for which the permit is valid................................. ### 4. Royalty paid............................ ### 5. Details of entry in the quarry permit Register. .................................. \| \| \| \| --- \| --- \| \| Place: \| Signature and designation \| \| Date: \| Of Competent Authority \| Form - M [See rule 62 (1) ] Quarry Permit (under rule 62(1) of the Gujarat Minor Mineral Concession Rules, 2010) Quarry permit No.................................. .......................Office Date................... Whereas Shri....................applied for grant of quarry permit for excavation and removal of tones/brass of. (minor mineral) from Ss. No................ of Village........................Taluka.................................................... District. Under rule 33 of the Gujarat Minor Mineral Concession Rules, 2010 and has paid an application fee of rupees and has also paid royalty in advance amounting to rupees.................permission is hereby granted to the above applicant to quarry, win and remove..................Tones of..................................(minor mineral)from the a aforesaid area more fully described below on the following condition, and on payment of advance royalty of Rs..................per Tones ( as specified in the Schedule to the Gujarat Minor Mineral Concession Rules, 2008. Village Bounded on the north by Bounded on the south by Bounded on the east by Bounded on the west by (as shown in the detailed plan annexed with the application) (1) This permit shall be valid for...........days only. (2) The depth of the pit below the surface shall not exceed six meters (3) This permit is non-transferable (4) No other mineral except that for which the permit is granted shall be excavated for removed without proper sanction being obtained from the Competent Authority (5) If any other minor or major mineral is found during quarry operation, it shall be reported to the Competent Authority within a weeks time after such discovery. (6) The permit holder shall maintain complete and correct accounts of the minerals excavated, quantity removed from the permit area, the sale vouchers register of lab our employed and wages paid etc. and royalty and other charges leviable for this purpose. (7) The permit holder shall immediately report all accidents to the Competent Authority and the District magistrate and the District Superintendent of police of the district in which the area is situated. (8) 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. (9) The Permit holder shall not cut or damage any trees without prior sanction ad without payment of compensation therefore as may be fixed by the Divisional forest Officer or such officer authorized by him in this behalf. (10) The permit holder shall not carry on quarry operation within a distance of 50 meters from any public roads, public buildings or temples, reservoirs, burial ground and railway track etc, and cause any damage to any public and private properties (11) The permit holder shall allow any officer authorized by the Commissioner and the local revenue forest Competent Authority in whose jurisdiction the land is situated, to enter into and inspect at any time the quarry operations and check up the accounts and verify the details of dispatches sales, etc, from the accounts book maintained by the permit holder as per condition (6) above at or near the area under permit.. (12) If any excess quantity over that permitted is found to be removed, the material shall be confiscated and the permit holder shall be liable for punishment under the provisions of the Indian Penal Code and the Gujarat Minor Mineral Concession Rules, 2008 (13) If any breach of these conditions or the Gujarat Minor Mineral Concessions Rules, 2010 is detected, this permit shall be cancelled and the material lying on the site will be confiscated. (14) As soon as the removal of the material granted under the permit is over, the permit holder shall surrender the permit to the Competent Authority and furnish to him a complete statement showing the quantities removed, details of transport and parties to whom this material has been sold, and prices obtained therefore, and shall produce any details, books etc. for the scrutiny of the Competent Authority as many be called for by him. \| \| \| \| --- \| --- \| \| \| Signature of the Competent Authority \| \| Date: \| \| \| To \| \| \| \| (The permit holder) \| \| \| Shri/Messrs ................................................. \| \| \| ................................................. \| \| \| ................................................. \| Copy to.- ### 1. The Royalty Inspector/Mines Supervisor- ### 2. The Mamalatdar,Taluka. ### 3. The Taluka Development Officer, Taluka-(in case of private land) Form- N [See rule 64(3) ] Register of quarry permit (under rale 64(3) of the Gujarat Minor Mineral Concession Rules, 2010) \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| Name and address of permit holder \| Date of application \| No. and date of order of grant \| Mineral minerals \| S.No./Nos \| Village \| Taluka \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| 7 \| \| \| \| Quantity permitted \| Details of royalty received \| Date of expiry of permit \| Quantity recovered under the permit \| Whether all dues have been recovered \| Remarks \| Signature of the Officer. \| \| 8 \| 9 \| 10 \| 11 \| 12 \| 13 \| 14 \| Form-O [See rule 65(1) ] (In Triplicate) Application for revision (under rule 65(1) of the Gujarat Minor Mineral Concession Rules, 2010) ### 1. Name and address of Individual/firm/company........... ### 2. Profession of individual/ or nature of business... ### 3. Full details of the order of the Competent Authority/ Commissioner against which the appeal or revision application is made (copy to be enclosed) ### 4. Minor Mineral/minerals forming the subject matter of the appeal or revision application.......................... ### 5. Details of the area in respect of which the appeal or revision application is filed (A plan of the area to be attached). District Taluka Village S.No. ### 6. Has the appeal or application fee of the rupees two hundred fifty a prescribed in the rules been paid? If so give full details of the mode of payment. ### 7. Is the appeal or application field within two months of the date of the order of Competent Authority/ Commissioner. ### 8. If not, the reasons for not presenting it within the prescribed time ### 9. Name and complete address of the party/parties impended. Reasons for impleading him/them should also be mentioned. ### 10. Number of copies of appeal or revision petition attached (if more than one party is impended one additional copy is to be enclosed for each impleaded party) ### 11. Grounds ### 12. If the appeal or revision application is filed by the holder of Power of Attorney, please attach the power of Attorney. \| \| \| \| --- \| --- \| \| Place : \| Signature and designation of the appellant or applicant \| \| Date: \| \| Schedule 1 ------------ [Sec rule 21 (1) ] Rate of Royalty \| \| \| \| \| --- \| --- \| --- \| \| Sr. No 1 \| Name of Minor Minerals 2 \| Rate of royalty per ton (in rupees) 3 \| \| 1 \| Quarizite \| 20 \| \| 2 \| Sand Stone \| 30 \| \| 3 \| (i) Granite/Dolerite (in Block) (ii) Granite/Dolerite (in Rubble) \| 160 30 \| \| 4 \| Building stones including Slate, Phyllite, Trachyte, Gabbro and others \| 30 \| \| 5 \| Limestone \| 30 \| \| 6 \| (i) Black trap (ii) Hard Murrain \| 25 20 \| \| 7 \| Bentonite/Fuller's earth \| 70 \| \| 8 \| (i) Marble (in Block) (ii) Marble (in Rubble) \| 300 60 \| \| 9 \| Gravel \| 15 \| \| 10 \| Soft Murrain \| 12 \| \| 11 \| Ordinary clay \| 12 \| \| 12 \| Ordinarv sand/Kankar \| 12 \| \| 13 \| Red Clay \| 30 \| \| 14 \| Chalcedony oebbles/Quartzite Pebbles \| 30 \| \| 15 \| Any other minor minerals not mentioned above \| 30 \| Note: - In ease of bricks clay earth minerals used in manufacturing bricks, the rate of royalty shall be rupees 3600/- per one lacs bricks or part thereof. [Schedule- IA] [Inserted by Notification No. GU/2012/(12) /MCR/102011/2173/CHH, dated 14.6.2012 (w.e.f. 26.8.2010).] [See Rule 21(1) ] Rate of Royalty \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| Sr. No. \| Bricks manufacturing capacity (In lacs) \| Bricks kiln with chimney (in Rs.) \| Bricks kiln without chimney (Nimbhada, Hand made bricks) (in Rs.) \| \| (1) \| (2) \| (3) \| (4) \| \| 1 \| Up to 5 \| Nil \| Nil \| \| 2 \| More than 5 and upto 10 \| 25000 \| 10000 \| \| 3 \| More than 10 and upto 15 \| 30000 \| 20000 \| \| 4 \| More than 15 upto30 \| 40000 \| 40000 \| \| 5 \| More than 30 \| 65000 \| 65000”. \| II ---- [See rule 21 (5) ] Rate of Dead rent \| \| \| \| \| --- \| --- \| --- \| \| Sr. No 1 \| In respect of quarry lease Name of Minor Minerals 2 \| Rate of dead rent per Square Meter. (in rupees) 3 \| \| 1 \| Quartizite \| 3.30 \| \| 2 \| Sandstone \| 3.00 \| \| 3 \| Granite/Dolerite \| 6.00 \| \| 4 \| Building stone including Slate, Phyllite, Trachyte, Gabbro and others. \| 3.00 \| \| 5 \| Limestone \| 3.00 \| \| 6 \| (a) Blacktrap (b) hardmurrum \| 8.50 5.30 \| \| 7 \| Bentonite/Fuller's earth \| 7.00 \| \| 8 \| Marble Block/Rubble \| 7.50 \| \| 9 \| Gravel \| 1.50 \| \| 10 \| Soft Murrum \| 2.00 \| \| 11 \| Ordinary clay \| 2.00 \| \| 12 \| Ordinary sand/kankar \| 2.00 \| \| 13 \| Chalcedoni pebbles/ Quartizite pebbles \| 2.50 \| \| 14 \| Red clay \| 3.00 \| \| 15 \| Any other minor minerals not mentioned above \| 3.00 \|
65b9664aab84c7eca86e9064	acts	State of Bihar - Act ---------------------- The Bihar Journalist Welfare Fund Rules, 2010 ----------------------------------------------- BIHAR India The Bihar Journalist Welfare Fund Rules, 2010 =============================================== Rule THE-BIHAR-JOURNALIST-WELFARE-FUND-RULES-2010 of 2010 ----------------------------------------------------------- * Published on 19 July 2010 * Commenced on 19 July 2010 The Bihar Journalist Welfare Fund Rules, 2010 Published vide Notification No-Press-311/08-39-3801 & PR., 19th July, 2010, Bihar Gazette (Extraordinary) No. 510, dated 23rd July, 2010 (Rules regarding the establishment of Journalist Welfare Fund to help and to aid Journalists by the Government of Bihar) No-Press-311/08-39-3801 & PR. - In exercise of its executive powers conferred under Article 162 of the Constitution of India the State Government makes the following Rules:- ### 1. Title. - It shall be called the Bihar Journalist Welfare Fund Rules, 2010 for providing aid/medical treatment to the media representatives/photographers working at the Bihar State Headquarter and at district/subdivision/block level. ### 2. Under these Rules the journalists/photographers of the State of Bihar shall be provided economic aid during financial crisis/medical treatment. ### 3. Date of commencement. - These Rules shall come into force from the date of its publication in the Bihar Gazette. ### 4. All orders/instructions relating to subject issued earlier including the Journalist Welfare Fund Rules, 1981 shall be hereby superseded by this policy of the journalist Welfare Fund. Notwithstanding the supersession of such orders/instructions, any work done or any action taken in exercise of the powers conferred under the said orders/instructions shall be deemed to be done or taken under the powers conferred by this policy as if the policy was enforced on that day when such work was done or such action was taken. ### 5. Amendment. - The State Government shall assess the implementation of this policy from time to time and may amend as necessary. ### 6. Definitions. - ln these Rules Unless otherwise required in the subject and context; (i) 'Fund' means the Journalist Welfare Fund. (ii) 'State' means the State of Bihar. (iii) 'Government' means the Government of Bihar. (iv) 'Director' means the Director, Information and Public Relations, Government of Bihar. (v) 'Journalist' means the Journalist/Photographer/Editor/News Editor/Sub Editor/Cartoonist as per Working Journalist Act, 1955 (as amended and defined from time to time) who are affiliated to any daily/weekly/ fortnightly news paper/ magazine/agency/electronic media/news portal/ channel/news agency etc. (including press reporters/cameramen on contract/stringer)and they must be in the profession for at least two years. (vi) 'News paper' means a regular publication containing news of the public opinion or comments on such news. (viii) The news media includes news papers, wire and non-wire, news agency news/feature agency, electronic media, electronic media agency, news portal which publish news and write-ups in public interest. (viii) Bihar Journalist Welfare Fund Steering Committee' hereinafter referred as 'Steering Committee' means such advisory committee which will take decision on financial aid to the working, retired journalists of the State and their dependents at the time of crisis/illness. ### 7. Constitution of the Steering Committee. - The 'Bihar Journalist Welfare Fund Steering Committee' shall be constituted by the State Government for operating Journalist Welfare Fund to be established under these Rules. A notification shall be issued by the State Government in this regard. ### 8. Term of the Steering Committee. - The maximum term of the Steering Committee shall be of one year. The term of the Steering Committee may be extended for a specified period, as per the need, by a Govt, order published in the Bihar Gazette. ### 9. Number of the members in the Steering Committee. - There shall be a total of eleven members in the Steering Committee. ### 10. The Principal Secretary/Secretary, Information and Public Relations Department shall be its ex-officio Chairman. In this Committee there shall be five members (in which one member would be from Urdu News Papers) from journalists having at least ten years of experience in journalism. They will be nominated by the State Government ### 11. The Director, Information and Public Relations Department shall be its ex-officio Deputy Chairman. ### 12. One Officer (not below the rank of Deputy Secretary) each, nominated by the Principal Secretary/Secretary of Home Department and Finance Department shall be the member of this Committee. ### 13. An officer nominated by Director in-charge of Press Information Bureau shall be the member of this Committee. ### 14. Joint Director-Press/ Deputy Director-Press (In absence of Joint Director-Press) shall be its Member Secretary. ### 15. Normally, the meeting shall be convened once in three months. A notice of at least fifteen days before the scheduled meeting will be served on the members mentioning the date, time and venue of the meeting. In special circumstances an emergency meeting may be convened on 24 hours prior notice. ### 16. One third of the existing members shall form the Quorum for a meeting. ### 17. The meeting shall be convened by the Chairman of the Committee. The Deputy Chairman, with the permission of the Chairman may also convene and preside a meeting. Provided that, the recommendation received from the committee, must be approved by the Chairman. ### 18. Earlier, basic structure of the Journalist Welfare Fund was initiated by the Government with an amount of Rs. three lac. At present the total amount of Rs. 5705353/- is deposited in Secretariat branch of State Bank of India out of which Rs. 1591800/- is as a fixed deposit and Rs. 4113553/- in saving account no. 10839123731. The account will be operated by Joint Director, Press, cum member Secretary of the Committee. ### 19. The Government may provide a yearly grant to the fund and this shall be incorporated in the budgetary provision of the Information and Public Relations Department. ### 20. Donations shall be received from owners/ managers/ representatives of private persons/ institutions/newspapers/ magazines/ agencies/ electronic media/ news portal/channels for the enhancement of the amount in this fund. The donations received from these sources shall be deposited in the bank account of the committee. The donations shall be received only in the form of crossed cheques/bank drafts and to be deposited in the account of Journalist Welfare Fund. ### 21. Investment - A maximum 50% of the total deposit in the fund shall be kept in a fixed deposit accounts of Nationalised Banks. It shall be calculated at the beginning of each financial year. ### 22. Out of this fund the dependents of the deceased journalists/photographers shall also be provided an aid of maximum Rs. fifty thousand only once. ### 23. The living and distressed/ailing journalists shall be provided aid out of this fund on the following priorities- (a) Such working/retired journalist/photographers or their dependents who are suffering from disease and need urgent treatment. (b) Such working/retired journalists/photographers, who have been rendered unemployed due to ill health, shall be provided maximum Rs. fifty thousand aid only once. ### 24. From this Fund, aid shall be provided to any one of the dependents of deceased journalists/photographers on the basis of the following priorities. ### 1. Widow ### 2. Unemployed son below the age of 21 years ### 3. Unmarried and unemployed daughter below the age of 21 years ### 4. Father ### 5. Mother ### 25. The amount of aid to the journalists/their dependents shall be maximum of Rs. 15 thousand at a time. However in case of serious illness the maximum amount of aid shall be Rs. 25 thousand for treatment in the State and Rs. 50 thousand for treatment outside the State. ### 26. If it comes to the notice of the steering committee that the sanction has been granted by mistake or to an improper person or the financial aid has been obtained by manipulation, the sanction of financial aid may be cancelled at any time. ### 27. The application for the financial aid shall be submitted, in prescribed form (Appendix A) with desired enclosures (Appendix B), to the Joint Director (Press) / Deputy Director (Press) Information and Public Relations Department-cum-Member Secretary of the Steering Committee. The recommendation of anyone of the following shall be essential with the application:- (a) Recommendation of the Editor/Organiser/Manager of the institution where journalist/photographer is working. (b) Recommendation of the Chairman or Secretary of the Bihar Working Journalist Union/Bihar National Union of Journalists/any registered Journalist Union. (c) Recommendation of the concerned District Magistrate or Public Relations officer. (d) Recommendation of any member of the Steering Committee. (e) Recommendation of the Block Development Officer of the concerned block. ### 28. The financial aid in respect of illness shall be granted only on the certificate of a doctor. In case of treatment outside the State it shall be essential to submit the medical certificate obtained from the Doctor-in-chief of the medical institution. ### 29. The financial aid, out of this fund, to any journalist or his/her dependent shall be granted only twice during his life time. ### 30. All the applications shall be placed in the meeting of the Steering Committee of the Bihar State Journalist Welfare Fund for consideration.The Steering Committee shall make a decision after considering the eligibility/non-eligibility of each application. ### 31. The application form (Appendix A)must be duly filled up and accompanied with all necessary documents. ### 32. For the matters not covered in these Rules, the necessary approval of the Departmental Minister shall be obtained on the basis of the recommendation of the Steering Committee. ### 33. (i) The Deputy Chairman of the Steering Committee of the Journalist Welfare fund shall maintain a cash book similar to that in T.C. Form-6 and all the transaction of the Journalist Welfare Fund shall be entered into it and after receiving any donation shall grant a receipt to the persons concerned. (ii) Its accounts shall be audited every year by the Finance (Audit) Department for which the Deputy Chairman of the Steering Committee shall make the necessary coordination. Appendix "A" (Proforma for application for Financial Aid from Bihar Journalists Welfare Fund) To, The Joint Director (Press) Information and Public Relations Department, Bihar, Patna. ### 1. Full Name- ### 2. Date of Birth- ### 3. (a) Permanent Address- (b) Correspondence Address- ### 4. Details of living Journalists/Photographers:- (a) Full details of the service of the Journalists/Photographers. (b) If unemployed due to health/illness or are in grip of illness (Please attach the certificate from Doctor's as pertaining in Rule). (c) If unemployed, due to other reasons. ### 5. Dependent of the Journalists:- (a) Full details regarding service of the deceased Journalists/ Photographers, (b) Relation of the applicant to the deceased Journalists/Photographers (Such as-Father/ Mother/ Unemployed Son/Unemployed Unmarried Daughter below the age of 21 years.) (c) Date of birth of the applicant:- ### 6. Declaration:- (a) I do here by declare that my annual income from all sources are......Rs. (b) Facts and figures given above are true to my knowledge and belief. Place .......... Signature of the applicant Date.................... Appendix "B" The application for the financial aid shall be submitted with the recommendation of one of the following:- a. Recommendation of the editor/organizer/manager of the institution/ where Journalist/ photographer is working. b. Recommendation of the Chairman or Secretary of the Bihar Working Journalist Union/Bihar National Journalist Union/any registered Journalists Union. c. Recommendation of the concerned D.M/ D.P.R.O d. Recommendation of any member of the steering committee. e. Recommendation of the Block Development Officer of the concerned Block. Recommendation I do hereby certify that facts and figures given in the application are true to my belief and knowledge:- ### 1. Applicant is fit for financial aid from Bihar working Journalist fund. ### 2. Applicant is unable to serve the office or unemployed due to ill health/over age/or for other reasons. ### 3. Applicant is the (Father/Mother/Unemployed Son/Unemployed Unmarried Daughter) of the deceased Journalists/Photographers. ### 4. The age of the applicant is true according to his/her birth certificate/ or other relevant papers shown by him/her. ### 5. Annual income of the applicants...............Rs. ### 6. Facts and figures given by the applicants is true to my belief and knowledge.
65b99c30ab84c7eca86e972d	acts	State of Haryana - Act ------------------------ The Punjab Labour Welfare Fund Act, 1965 ------------------------------------------ HARYANA India The Punjab Labour Welfare Fund Act, 1965 ========================================== Act 17 of 1965 ---------------- * Published on 17 July 1965 * Commenced on 17 July 1965 The Punjab Labour Welfare Fund Act, 1965 Punjab Act No. 17 of 1965 Last Updated 6th September, 2019 Statement of Objects and Reasons. - Large sums of money realised by employers of establishments from their employees as fines, unpaid wages, bonus or gratuity which are not claimed by the latter remain accumulated with the employers and are not properly utilised by them in the best interests of labour. This Bill seeks to provide for the constitution of the Labour Welfare Fund to carry on various activities conducive to the Welfare of labour in the State so as to ensure full and appropriate utilization of such accumulations for the welfare of labour through the agency of this Fund into which all such accumulations are required to be paid. Published vide Punjab Government Gazette Extraordinary, dated the 3rd March, 1965. Statement of Objects and Reasons - Haryana Act 19 of 1988. - In case of default in payment of unpaid accumulations i.e. wages, salaries, bonus, overtime, fine, gratuity, etc. of the industrial workers after a period of three years, the defaulting management can be fined up to the limit of 25% of the amount due if not paid within the "Prescribed Period" according to sub- section (4) of section 3 of the Punjab Labour Welfare Fund Act, 1965. There is no definition of prescribed period either in the said Act or Rules made thereunder. The provision of 25% fine is good only if the management pays off the lump sum balance immediately but in case the management hold up the ordinary payment made by instalments even when served with a notice to pay 25% fine they would pay it after 5 to 10 years and the amount will remain the same. But if provision of penal interest is there i.e., 12% per annum if paid within one year from the date the amount become due and 20% per annum after the lapse of one year till the date of payment, the amount will go on multiplying. The proposed amendment also covers the cases of such employers as have already incurred the liability of payment of fine at 25% i.e., in case an employer who has already incurred the liability of payment of fine at the rate of twenty-five per centum at the time of commencement of Punjab Labour Welfare Fund (Haryana Amendment) Act, 1988, he shall be liable to pay interest at the rate of twenty per cent per annum on the amount due including 25% fine. Received the assent of the President of India on the 17th July, 1965 and was first published for general information in the Punjab Government Gazette (Extraordinary) , dated the 27th July, 1965. An Act to provide for the constitution of a Fund for the financing of activities to promote welfare of labour in the State of Punjab and for conducting such activities and for certain other purposes. Be it enacted by the Legislature of the State of Punjab in the Sixteenth Year of the Republic of India as follows:- ### 1. Short title, extent and commencement. (1) This Act may be called the Punjab Labour Welfare Fund Act, 1965. (2) [ It extends to the territories which, immediately before the 1st day of November, 1966, were comprised in the State of Punjab, excluding the territory transferred to the Union Territory of Himachal Pradesh under section 5 of the Punjab Reorganisation Act, 1966 (31 of 1966)]. [Substituted by Government of India, S.O. No. 1301, dated 28th March, 1969.] (3) It shall come into force on the first day of July, 1965. ### 2. Definitions. - In this Act, unless the context otherwise requires, - (1) [ 'Board' means the Labour Welfare Board established and constituted under section 4 for each of the States of Punjab and Haryana and the Union Territory of Chandigarh;] [Substituted by Government of India, S.O. No. 1301, dated 28th March, 1969.] (2) [ 'employee' means any person employed, directly by or through any agency (including a contractor) with or without the knowledge of the principal employer, for remuneration in any factory or establishment to do any work connected with its affairs;] [Substituted Act No. 7 of 2007, dated 4.4.2007.] (3) 'employer' means any person who employs, either directly or through another person on behalf of himself or any other person, one or more employees in an establishment, and includes, - (i) in a factory, any person named under clause (f) of sub-section (1) of section 7 of the Factories Act, 1948, as the manager; (ii) in any establishment, other than a factory, any person responsible to the owner of the establishment for the supervision and control of the employees or for the payment of wages; (4) establishment means a factory and includes any premises including the precincts thereof wherein and in any part of which any industry within the meaning of clause (j) of section 2 of the Industrial Disputes Act, 1947 (Act 14 of 1947), is carried on and also includes a shop or a commercial establishment within the meaning of the Punjab Shops and Commercial Establishments Act, 1958 (Punjab Act [15 of 1958 ), in which, on any day. Ten or more employees are employed or were employed during the preceding twelve months; [Substituted Act No. 7 of 2007, dated 4.4.2007.] (5) factory means a factory as defined in clause (m) of section 2 of the Factories Act, 1948, or any place which is deemed to be a factory under subsection (2) of section 85 of that Act ;] (6) [ 'Fund' means the Labour Welfare Fund constituted under section 3 for each of the States of Punjab and Haryana and the Union Territory of Chandigarh.] [Substituted by Government of India, S.O. No. 1301, dated 28th March, 1969.] (7) 'independent member' means a member of the Board who is not connected with the management of any establishment or who is not an employee; (8) 'Inspector' means an Inspector appointed under section 15; (9) 'prescribed' means prescribed by rules made under this Act; (10) 'unpaid accumulations' means all payments due to the employees but not made to them within a period of [three years] [Substituted 'two years' Act No. 1 of 2002.] from the date on which they became due, whether before or after the commencement of this Act, including the wages, bonus and gratuity legally payable, but not including the amount of contribution, if any, paid by an employer to a provident fund established under the Employees Provident Fund Act, 1952; (11) 'wages' means wages as defined in clause (6) of section 2 of the Payment of Wages Act, 1936; (12) 'Welfare Commissioner' means the Welfare Commissioner appointed under section 14. ### 2A. [ Construction of certain references in the Act. [Substituted by Government of India, S.O. No. 1301 dated 28th March, 1969.] (1) In the application of the provisions of this Act to the Union territory of Chandigarh, any references therein to the State or State Government shall be construed as a reference to the Administrator of the Union territory of Chandigarh. (2) Sub-section (3) of section 27 shall not apply in relation to the Union territory of Chandigarh but shall apply to the State of Haryana with the modifications that for the words "each house of the State Legislature", the words "the Legislative Assembly" and for the words "both Houses agree" at both the places where they occur, the words "the Legislative Assembly agree" shall be substituted.] ### 3. Welfare Fund. (1) The State Government shall constitute a Fund called the Labour Welfare Fund and, notwithstanding anything contained in any other law for the time being in force or in any contract or instrument, all unpaid accumulations shall be paid to the Board which shall keep a separate account therefor until claims thereto have been decided in the manner provided in section 9, and the other sums specified in sub-section (2) shall be paid into the Fund. (2) The Fund shall consist of - (a) all fines realised from the employees; (b) unpaid accumulations transferred to the Fund under section 9; (c) grants and subsidies to the Board made by the State Government; (d) any voluntary donations; (e) any fund transferred under sub-section (5) of section 10; [\\\] [Omitted <i>'and'</i> by Haryana Act No. 1 of 2002.] (f) any sum borrowed under section 11 [and] [Substituted '.' by Haryana Act No. 1 of 2002.] (g) [ any contribution of employers and employees.] [Added by Haryana Act No. 1 of 2002.] (3) The sums specified in sub-section (2) shall be collected by such agencies and in such manner and the accounts of the Fund shall be maintained and audited in such manner as may be prescribed. (4) The employer shall be required to pay interest at the rate of twelve per cent per annum on the amount of unpaid accumulations in case he fails to deposit the same within a period of one year from the prescribed date. The rate of interest thereafter shall be twenty per cent per annum. [(5) An employer who has already incurred the liability of payment of fine at the rate of twenty-five per cent at the time of commencement of the Punjab Labour Welfare (Haryana Amendment) Act, 1988, shall be liable to pay interest at the rate of twenty per cent per annum from the date of commencement or from the expiry of two years from the date of incurring the liability of payment of fine, whichever is later.] [Substituted by Haryana Act No. 19 of 1988.] ### 4. Establishment of Board. - [(1) For the purpose of administering the Fund and for performing such other functions as are assigned to it by or under this Act, the State Government shall by notification establish a Board to be known as "The Punjab Labour Welfare Board for Punjab or Haryana or the territory of Chandigarh" as the case may be.] [Substituted by Government of India, S.O. No. 1301, dated 28th March, 1969.] (2) The Board shall be a body corporate with the name aforesaid, having perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold or dispose of property, and to contract, and may by that name sue or be sued. (3) The Board shall consist of the following [the Chairperson or the Vice-Chairperson,] [Substituted for the words 'Chairman' by Haryana Act No. 6 of 2013.] , including the Chairman, to be nominated by the State Government, namely :- (a) such equal number of representatives of employers and employees as may be prescribed; and (b) such number of independent members, whether official, non- official or both, as may be prescribed. (4) No person shall be nominated as a member of the Board who - (a) is a salaried official of the Board; or (b) has been adjudged as an insolvent; or (c) is of unsound mind and stands so declared by a competent court or is, in the opinion of the State Government, physically or mentally unfit to be appointed as a member; or (d) has been convicted of an offence which, in the opinion of the State Government, involves moral turpitude. ### 5. Powers of State Government to remove members from office in certain cases. - The State Government may remove from office the [the Chairperson or the Vice-Chairperson,] [Substituted for the words 'Chairman' by Haryana Act No. 6 of 2013.] or any member of the Board who - (a) absents himself from three consecutive meetings of the Board without permission of the Chairman of the Board in the case of a member and of the State Government in the case of the Chairman; (b) is or has become subject to any of the disqualifications mentioned in sub-section (4) of section 4; (c) so abuses his position as to render his continuance in office detrimental to the public interest. ### 6. Vacancies, etc. not to invalidate proceedings of Board. - No act done, or proceeding taken, under this Board shall be invalid merely on the ground - (a) of any vacancy or defect in the constitution of the Board; or (b) of any defect or irregularity in the nomination of a person acting as a member thereof; or (c) of any defect or irregularity in such act or proceeding, not affecting the merits of the case. ### 7. Term of office, casual vacancies and resignation. (1) The term of office of a member of the Board shall be three years commencing on the date on which his nomination is notified in the official Gazette : Provided that a member nominated to fill a casual vacancy shall hold office for the unexpired portion of the term of office of the member in whose place the former is nominated. (2) A member of the Board, including the [the Chairperson or the Vice-Chairperson,] [Substituted for the words 'Chairman' by Haryana Act No. 6 of 2013.] thereof, may resign his office by notifying in writing his intention to do so to the State Government, and on such resignation being accepted by the State Government, he shall be deemed to have vacated his office. (3) If a vacancy arises in the office of the [the Chairperson or the Vice-Chairperson,] [Substituted for the words 'Chairman' by Haryana Act No. 6 of 2013.] or a member of the Board, whether by death, resignation, removal or otherwise, the vacancy shall be filled up by the State Government in accordance with the provisions of section 4. (4) An outgoing member, including the [the Chairperson or the Vice-Chairperson,] [Substituted for the words 'Chairman' by Haryana Act No. 6 of 2013.] , shall be eligible for renomination. ### 7A. [ Members to hold office during pleasure of the State Government. [Added by Haryana Act No. 19 of 1981.] - Notwithstanding anything to the contrary contained in this Act, [the Chairperson, Vice-Chairperson and] members of the Board shall hold office during the pleasure of the State Government.] ### 8. Procedure at the meetings of the Board. (1) The Chairman, and in his absence, [the Vice-Chairperson and in the absence of both,] [Substituted for the words 'Chairman' by Haryana Act No. 6 of 2013.] a member of the Board nominated by the State Government shall preside at a meeting of the Board. (2) All questions at a meeting of the Board shall be decided by a majority of the members of the Board present and voting : Provided that in the case of an equality of votes, [the Chairperson,] [Substituted for the words 'Chairman' by Haryana Act No. 6 of 2013.] or the person presiding, as the case may be, shall, in addition to his vote as a member have a second or casting vote. (3) The quorum at a meeting of the Board and the manner in which the business of the Board shall be conducted shall be such as may be prescribed. ### 9. Unpaid accumulations and claims thereto. (1) All unpaid accumulations shall be deemed to be abandoned property. (2) Any unpaid accumulations paid to the Board in accordance with the provisions of section 3 shall, on such payment, discharge an employer of the liability to make payment to an employee in respect thereof but to the extent only of the amount paid to the Board, and the liability to make payment to the employee to the extent aforesaid shall, subject to the succeeding provisions of this section, be deemed to be transferred to the Board. (3) As soon as possible after the payment of any unpaid accumulations is made to the Board, the Board shall, by notice (containing such particulars as may be prescribed) - (a) exhibit on the notice board of the establishment in which the unpaid accumulations was earned; (b) published in the Official Gazette and also in any two newspapers in both the regional languages of the State having large circulation in the area in which the establishment is situated or in such other manner as may be prescribed, regard being had to the amount of the claim; invite claims by employees for any payment due to them. The notice shall be inserted in the manner aforesaid in June and December of every year, for a period of three years from the date of the payment of the unpaid accumulations to the Board. (4) If any question arises whether the notice referred to in sub-section (3) was given as required by that sub-section a certificate of the Board that it was to given, shall be conclusive. (5) If a claim is received, whether in answer to the notice or otherwise, within a period of four years from the date of first publication of the notice in respect of such claim, - (a) where the amount of claim so received is equal to the amount deposited by the management with the Board, the amount of the claim shall be paid by the Board to the employee concerned; and (b) in any other case, the Board shall transfer such claim to the Authority appointed under section 15 of the Payment of Wages Act, 1936, having jurisdiction in the area in which the establishment is or has been situated, and the Authority shall proceed to adjudicate upon, and decide, such claim. In hearing such claim the Authority shall have the powers conferred by, and follow the procedure (in so far as it is applicable) followed in giving effect to the provisions, of that Act. (6) If the Authority aforesaid is satisfied that any such claim is valid so that the right to receive payment is established, it shall decide that the unpaid accumulations in relation to which the claim is made shall cease to be deemed to be abandoned property, and shall order the Board to pay the whole of the dues claimed, or such part thereof as the Authority decides are properly due, to the employee; and the Board shall make payment accordingly : Provided that the Board shall not be liable to pay any sum in excess of that paid under sub-section (l) of section 3 to the Board as unpaid accumulations in respect of the claim. (7) If a claim for payment is refused, the employee shall have a right of appeal to the Court of District Judge and the Board shall comply with any order made in appeal. An appeal shall lie within sixty days of the decision of the Authority. (8) The decision of the Authority, subject to the appeal aforesaid, and the decision in appeal shall be final and conclusive as to the right to receive payment, the liability of the Board to pay and also as to the amount, if any. (9) If no claim is made within the time specified in sub-section (5) or a claim has been duly refused as aforesaid by the Authority, or on appeal by the Court, then the unpaid accumulations in respect of such claim shall accrue to, and vest in, the State as bona vacantia, and shall thereafter, without further assurance, be deemed to be transferred to, and form part of, the Fund. ### 9A. [ Contribution to Fund by employers and employees. [Inserted by Haryana Act No. 1 of 2002, dated 29.1.2002.] - [(1) Each employee shall contribute to the Fund every month an amount equal to zero point two percent of his salary or wages or any remuneration subject to a limit of rupees twenty-five and each employer in respect of each such employee shall contribute to the Fund every month, twice the amount contributed by such employee: Provided that the limit specified above shall be indexed annually to the consumer price index beginning from first of January each year. Explanation. For the purpose of Sub-Section (1) , "employee" means an employee on the register of an establishment on the last working day of the month.] (2) Every employer shall pay to the Fund both his contribution and the contribution of the employee before the 31st December of every year by crossed cheque or demand draft in favour of Welfare Commissioner. (3) The employer shall be entitled to recover from the employee the employees contribution by deduction from his wages and not otherwise :] (4) [ Any employer who fails to pay the contribution amount within a period of one month from the date specified under sub-section (2), shall be liable to pay interest at the rate of twelve percent per annum from the said date until such time the amount is actually deposited with the Welfare Commissioner;] [Inserted by Haryana Act No. 7 of 2007, dated 4.4.2007.] ### 10. Vesting and application of Fund. (1) The Fund shall vest in, and be held and applied by, the Board as trustees subject to the provisions and for the purposes of this Act. The moneys therein shall be utilized by the Board to defray the cost of carrying out measures which may be specified by the State Government from time to time to promote the welfare of labour and of their dependents. (2) Without prejudice to the generality of sub-section (1), the money in the Fund may be utilized by the Board to defray expenditure on the following :- (a) community and social education centres including reading rooms and libraries; (b) community necessities; (c) games and sports; (d) excursions, tours and holiday homes; (e) entertainment and other forms of recreation; (f) home industries and subsidiary occupations for women and unemployed persons; (g) corporate activities of a social nature; (h) cost of administering this Act including the allowances, if any, payable to the Chairman and members of the Board and the salaries and allowances of the staff appointed for the purposes of this Act; and (i) such other objects as would in the opinion of the State Government improve the standard of living and ameliorate the social conditions of labour : Provided that the Fund shall not be utilized in financing any measure which the employer is required under any law for the time being in force to carry out : Provided further that unpaid accumulations and fines shall be paid to the Board and be expended by it under this Act notwithstanding anything contained in the Payment of Wages Act, 1936, or any other law for the time being in force. (3) The Board may, with the approval of the State Government make a grant of the Fund to any local authority or any other body except an employer in aid of any activity for the welfare of labour and of their dependants approved by the State Government. (4) If any question arises whether any particular expenditure is or is not debitable to the Fund, the matter shall be referred to the State Government and the decision of the State Government on such reference shall be final. (5) It shall be lawful for the Board to continue any activity financed from the welfare fund of any establishment if the said fund is duly transferred to the Board. ### 11. Power of Board to Borrow. - The Board may, with the previous sanction of the State Government, and subject to the provisions of this Act and to such conditions as may be specified in this behalf, borrow any sum required for the purposes of this Act. ### 12. Investment of Fund. - Where the Fund or any portion thereof cannot be applied for some time for the purposes of this Act, the Board shall invest the same in such manner and in such securities as may be prescribed. ### 13. Power of State Government to give directions to the Board. - The State Government may give the Board such directions as in its opinion are necessary or expedient in connection with expenditure from the Fund or for carrying out the other purposes of this Act; and it shall be the duty of the Board to comply with such directions. ### 14. Appointment and powers of Welfare Commissioner. (1) There shall be a Welfare Commissioner to be appointed by the Board with the previous approval of the State Government who shall be the principal executive officer of the Board. (2) Notwithstanding anything contained in sub-section (1), the first Welfare Commissioner shall be appointed by the State Government as soon as practicable after the passing of this Act for a period not exceeding five years and on such conditions as the State Government thinks fit. (3) It shall be the duty of the Welfare Commissioner to ensure that the provisions of this Act and the rules made thereunder are duly carried out and for this purpose he shall have the power to issue such orders not inconsistent with the provisions of this Act and rules made thereunder as he deems fit, including any order authenticating and implementing the decisions taken by the Board under this Act or rules made thereunder. ### 15. Appointment of Inspectors. (1) The State Government may appoint Inspectors to inspect records in connection with the sums payable into the Fund. (2) Any Inspector may - (a) with such assistance, if any, as he thinks fit, enter at any reasonable time any premises for carrying out the purposes of this Act; and (b) exercise such other powers as may be prescribed. ### 16. Absorption of the existing staff under Labour Commissioner. - The Board shall take over and employ such of the existing staff under the control of Labour Commissioner, [Haryana] [Substituted for the word 'Punjab' by Adaptation of Laws Order, 1968.] , as the State Government may direct and every person so taken over and employed shall be subject to the provisions of this Act and the rules made thereunder : Provided that - (a) during the period of such employment all matters relating to pay, leave, retirement, allowances, pensions, provident fund and other conditions of service of the said staff shall be regulated by the Punjab Civil Service Rules or such other rules as may from time to time be made by the State Government; and (b) every such member of the said staff shall have a right of appeal to the State Government against any order of reduction, dismissal or removal from service, fine or any other punishment : Provided further that person so taken over may elect within the prescribed period that he desires to be governed by the rules made under this Act in respect of conditions of service of the staff appointed by the Board under this Act, and on his electing to be so governed the provisions of first proviso shall cease to apply to him. ### 17. Appointment of clerical and other staff by Board. - The Board shall have power to appoint the necessary clerical and executive staff to carry out and supervise the activities financed from the Fund : Provided that if any appointment is not agreed to by the majority of the total number of members of the Board, the appointment shall be made by the State Government : Provided further that the expenses of the staff thus appointed and other administrative expenses shall not exceed a prescribed percentage of the annual income of the Fund. ### 18. Power of State Government to remove any person on staff of Board. - The State Government shall have the power to remove any person whom it may deem unsuitable from the service of the Board. ### 19. Power of State Government or Authorised Officer to call for records, etc. - The State Government or any officer authorised by the State Government in this behalf may call for records of any proceedings which are pending before, or have been disposed of by, the Board for purpose of satisfying itself or himself, as the case may be, as to the legality or propriety of such proceedings or of any order made therein and may pass such orders in relation thereto as the State Government or such officer may think fit : Provided that no order adversely affecting any person shall be made under this section without giving such person a reasonable opportunity of being heard. ### 20. Mode of recovery of sums payable into Fund, etc. - Any sum payable into the Fund under this Act, shall, without prejudice to any other mode of recovery, be recoverable on behalf of the Board as an arrear of land revenue. ### 21. Supersession of Board. (1) If the State Government is satisfied that the Board has made default in performing any duties imposed on it by or under this Act or has abused its power, the State Government may by notification supersede and reconstitute the Board in the prescrihed manner : Provided that before issuing such notification, the State Government shall give a reasonable opportunity to the Board to show cause why it should not be superseded and shall consider the explanation and objections, if any, of the Board. (2) After the supersession of the Board and until it is reconstituted, the powers, duties and functions of the Board shall be exercised or performed by such officer or officers as the State Government may appoint for this purpose. ### 22. Members of the Board, Welfare Commissioner, Inspectors and all officers and servants of Board to be public servants. - The members of the Board, including the Chairman thereof, the Welfare Commissioner, Inspectors and all officers and servants of Board, shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code. ### 23. Delegation. - The Board may, by resolution passed by it at a meeting of the Board, direct that any power or duty which by this Act or by any rule made under this Act is conferred or imposed upon the Board shall, in such circumstances and under such conditions, if any, as may be specified in the direction, be exercised or discharged also by the Welfare Commissioner. ### 24. Protection of persons acting in good faith. - No suit, prosecution or other legal prooceeding shall lie against any person for anything which is in good faith done or intended to be done under this Act. ### 25. Exemptions. - The State Government may by notification and in public interest exempt any class of establishments from all or any of the provisions of this Act subject to such conditions, if any, as may be specified in the notification. ### 26. [ [Omitted by Haryana Act No. 7 of 2007, dated 4.4.2007.] \\\] \| \| \| --- \| \| 26. Application of Act to certain establishments of Central and State Governments.- This Act shall apply to such establishments belonging to the Central Government or any State Government as are referred to in sub-clauses (i) and (ii) of clause (4) of section 2. \| ### 26A. Penalty. - Save as otherwise provided, any person, who contravenes any of the provisions of this Act or any rule made thereunder or who wilfully obstructs an Inspector in the exercise of his powers or discharge of his duties under this Act or any rule made thereunder or fails to produce for inspection on demand by an Inspector any registers, records or other documents maintained in pursuance of the provisions of this Act or the rules made thereunder or to supply to him on demand true copies of any such documents, shall, on conviction, be punished - [(a) for the first offence, with fine which may extend to five hundred rupees; and (b) for a second or subsequent offences, with imprisonment for a term which may extend to three months or with fine which may extend to one thousand rupees or with both. ### 26B. [ Cognizance of offences. [Inserted by Haryana Act No. 9 of 1978.] (1) No court inferior to that of a Judicial Magistrate of the 1st Class shall try any offence punishable under this Act. (2) No court shall take cognizance of any such offence except on a complaint made by the Inspector.] ### 27. Power to make rules. (1) The State Government may, by notification and subject to the condition of previous publication, make rules to carry out the purposes of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may be made for all or any of the following matters, namely :- (a) the agency for and the manner of collection of sums specified in sub-section (3) of section 3; and the period within which the same shall be paid to the credit of the Fund; (b) the manner in which the accounts of the Fund shall be maintained and audited under sub-section (3) of section 3; (c) the number of representatives of employers, employees and independent members of the Board and the allowances, if any, payable to the Chairman and members thereof; (d) the quorum at meetings of the Board and the manner in which it shall conduct its business; (e) the particulars which shall be contained in the notice referred to in sub-section (3) of section 9, and the other manner of publication of such notice; (f) the procedure for making grants from the Fund under sub-section (3) of section 10 and the securities in which the Fund may be invested and the manner of investment; (g) the procedure for defraying the expenditure incurred in administering the Fund; (h) the duties and powers of Inspectors and the conditions of service of the Welfare Commissioner and Inspectors and other staff appointed under this Act; (i) the percentage of the annual income of the Fund beyond which the Board may not spend on the staff and other administrative measures; (j) the registers and records to be maintained under this Act and the form and manner in which they shall be maintained; (k) the publication of the report of activities financed from the Fund together with statement of receipts and expenditures of the Fund and statement of accounts; and (l) any other matter which is to be or may be prescribed. (3) Every rule made under this section shall be laid as soon as may be after it is made before [the Legislative Assembly] [Substituted by Government of India SO 1302 dated 28th March 1969.] 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 Legislative Assembly] [Substituted by Government of India SO 1302 dated 28th March 1969.] agrees in making any modification in the rule or [the Legislative Assembly] [Substituted by Government of India SO 1302 dated 28th March 1969.] 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.
65ba7be8ab84c7eca86eb9b8	acts	Union of India - Act ---------------------- The Protection Of Plant Varieties And Farmers’ Rights Act, 2001 ----------------------------------------------------------------- UNION OF INDIA India The Protection Of Plant Varieties And Farmers’ Rights Act, 2001 ================================================================= Act 53 of 2001 ---------------- * Published in Gazette 53 on 30 October 2001 * Assented to on 30 October 2001 * Commenced on 30 October 2001 The Protection Of Plant Varieties And Farmers’ Rights Act, 2001 Chapter I Preliminary -------------------------- ### 1. Short title, extent and commencement.— (1) This Act may be called the Protection of Plant Varieties and Farmers’ Rights Act, 2001. (2) It extends to the whole of India. (3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint; and different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision. ### 2. Definitions.— In this Act, unless the context otherwise requires,— (a) “Authority” means the Protection of Plant Varieties and Farmers’ Rights Authority established under sub-section (1) of section 3; (b) “benefit sharing”, in relation to a variety, means such proportion of the benefit accruing to a breeder of such variety or such proportion of the benefit accruing to the breeder from an agent or a licensee of such variety, as the case may be, for which a claimant shall be entitled as determined by the Authority under section 26; (c) “breeder” means a person or group of persons or a farmer or group of farmers or any institution which has bred, evolved or developed any variety; (d) “Chairman” means the Chairman of the Tribunal; (e) “Chairperson” means the Chairperson of the Authority appointed under clause (a) of sub-section (5) of section 3; (f) “convention country” means a country which has acceded to an international convention for the protection of plant varieties to which India has also acceded, or a country which has a law on protection of plant varieties on the basis of which India has entered into an agreement for granting plant breeders’ right to the citizens of both the countries; (g) “denomination”, in relation to a variety or its propagating material or essentially derived variety or its propagating material, means the denomination of such variety or its propagating material or essentially derived variety or its propagating material, as the case may be, expressed by means of letters or a combination of letters and figures written in any language; (h) “essential characteristics” means such heritable traits of a plant variety which are determined by the expression of one or more genes of other heritable determinants that contribute to the principal features, performance or value of the plant variety; (i) “essentially derived variety”, in respect of a variety (the initial variety), shall be said to be essentially derived from such initial variety when it— (i) is predominantly derived from such initial variety, or from a variety that itself is predominantly derived from such initial variety, while retaining the expression of the essential characteristics that result from the genotype or combination of genotype of such initial variety; (ii) is clearly distinguishable from such initial variety; and (iii) conforms (except for the differences which result from the act of derivation) to such initial variety in the expression of the essential characteristics that result from the genotype or combination of genotype of such initial variety; (j) “extant variety” means a variety available in India which is— (i) notified under section 5 of the Seeds Act, 1966 (54 of 1966); or (ii) farmers’ variety; or (iii) a variety about which there is common knowledge; or (iv) any other variety which is in public domain; (k) “farmer” means any person who— (i) cultivates crops by cultivating the land himself; or (ii) cultivates crops by directly supervising the cultivation of land through any other person; or (iii) conserves and preserves, severally or jointly, with any person any wild species or traditional varieties, or adds value to such wild species or traditional varieties through selection and identification of their useful properties; (l) “farmers’ variety” means a variety which— (i) has been traditionally cultivated and evolved by the farmers in their fields; or (ii) is a wild relative or land race of a variety about which the farmers possess the common knowledge; (m) “Gene Fund” means the National Gene Fund constituted under sub-section (1) of section 45; (n) “Judicial Member” means a Member of the Tribunal appointed as such under sub-section (l) of section 55 and includes the Chairman; (o) “Member” means a Judicial Member or a Technical Member of the Tribunal and includes the Chairman; (p) “member” means a member of the Authority appointed under clause (b) of sub-section (5) of section 3 and includes the member-secretary; (q) “prescribed” means prescribed by rules made under this Act; (r) “propagating material” means any plant or its component or part thereof including an intended seed or seed which is capable of, or suitable for, regeneration into a plant; (s) “Register” means the National Register of Plant Varieties referred to in section 13; (t) “Registrar” means a Registrar of Plant Varieties appointed under sub-section (4) of section 12 and includes the Registrar-General; (u) “Registrar-General” means the Registrar-General of Plant Varieties appointed under sub-section (3) of section 12; (v) “Registry” means the Plant Varieties Registry referred to in sub-section (1) of section 12; (w) “regulations” means the regulations made by the Authority under this Act; (x) “seed” means a type of living embryo or propagule capable of regeneration and giving rise to a plant which is true to such type; (y) “Tribunal” means the Plant Varieties Protection Appellate Tribunal established under section 54; (z) “Technical Member” meant a Member of the Tribunal who is not a Judicial Member. (za) “variety” means a plant grouping except micro organism within a single botanical taxon of the lowest known rank, which can be— (i) defined by the expression of the characteristics resulting from a given genotype of that plant grouping; (ii) distinguished from any other plant grouping by expression of at least one of the said characteristics; and (iii) considered as a unit with regard to its suitability for being propagated, which remains unchanged after such propagation, and includes propagating material of such variety, extant variety, transgenic variety, farmers’ variety and essentially derived variety; Chapter II Protection of plant varieties and farmers' right authority and registry --------------------------------------------------------------------------------------- ### 3. Establishment of Authority.— (1) The Central Government shall, by notification in the Official Gazette, establish an Authority to be known as the Protection of Plant Varieties and Farmers’ Rights Authority for the purposes of this Act. (2) The Authority shall be a body corporate by the name aforesaid, having perpetual succession and a common seal with power to acquire, hold and dispose of properties, both movable and immovable, and to contract, and shall by the said name sue and be sued. (3) The head office of the Authority shall be at such place as the Central Government may, by notification in the Official Gazette, specify and the Authority may, with the previous approval of the Central Government, establish branch offices at other places in India. (4) The Authority shall consist of a Chairperson and fifteen members. (5) (a) The Chairperson, to be appointed by the Central Government, shall be a person of outstanding calibre and eminence with long practical experience to the satisfaction of that Government especially in the field of plant varietal research or agricultural development. (b) The members of the Authority, to be appointed by the Central Government, shall be as follows, namely:— (i) the Agriculture Commissioner, Government of India, Department of Agriculture and Co-operation, New Delhi, ex-officio; (ii) the Deputy Director General in charge of Crop Sciences, Indian Council of Agricultural Research, New Delhi, ex-officio; (iii) the Joint Secretary incharge of Seeds, Government of India, Department of Agriculture and Co-operation, New Delhi, ex-officio; (iv) the Horticulture Commissioner, Government of India, Department of Agriculture and Co-operation, New Delhi, ex-officio; (v) the Director, National Bureau of Plant Genetic Resources, New Delhi, ex-officio; (vi) one member not below the rank of Joint Secretary to the Government of India, to represent the Department of Bio-technology, Government of India, ex-officio; (vii) one member not below the rank of Joint Secretary to the Government of India to represent the Ministry of Environment and Forests, Government of India, ex-officio; (viii) one member not below the rank of Joint Secretary to the Government of India to represent the Ministry of Law, Justice and Company Affairs, Government of India, ex-officio; (ix) one representative from a National or State level farmers’ organisation to be nominated by the Central Government; (x) one representative from a tribal organisation to be nominated by the Central Government; (xi) one representative from the seed industry to be nominated by the Central Government; (xii) one representative from an agricultural University to be nominated by the Central Government; (xiii) one representative from a National or State level women’s organisation associated with agricultural activities to be nominated by the Central Government; and (xiv) two representatives of State Governments on rotation basis to be nominated by the Central Government. (c) The Registrar-General shall be the ex officio member-secretary of the Authority. (6) The term of office of the Chairperson and the manner of filling the post shall be such as may be prescribed. (7) The Chairperson shall appoint a Standing Committee consisting of five members, one of whom shall be a member who is a representative from a farmers organisation, to advise the Authority on all issues including farmers’ rights. (8) The Chairperson shall be entitled to such salary and allowances and shall be subject to such conditions of service in respect of leave, pension, provident fund and other matters as may be prescribed. The allowances for non-official members for attending the meetings of the Authority shall be such as may be prescribed. (9) The Chairperson may resign his office by giving notice thereof in writing to the Central Government and on such resignation being accepted, he shall be deemed to have vacated his office. (10) On the resignation of the Chairperson or on the vacation of the office of the Chairperson for any reason, the Central Government may appoint one of the members to officiate as Chairperson till a regular Chairperson is appointed in accordance with clause (a) of sub-section (5). ### 4. Meetings of Authority.— (1) The Authority shall meet at such time and place and shall observe such rules of procedure in regard to the transaction of business at its meetings including the quorum at its meetings and the transaction of business of its Standing Committee appointed under sub-section (7) of section 3 as may be prescribed. (2) The Chairperson of the Authority shall preside at the meetings of the Authority. (3) If, for any reason the Chairperson is unable to attend any meeting of the Authority, any member of the Authority chosen by the members present shall preside at the meeting. (4) All questions which come before any meeting of the Authority shall be decided by a majority of the votes of the members of the Authority present and voting and in the event of equality of votes, the Chairperson of the Authority or in his absence, the person presiding shall have and exercise a second or casting vote. (5) Every member who is in any way, whether directly, indirectly or personally, concerned or interested in a matter to be decided at the meeting shall disclose the nature of his concern or interest and after such disclosure, the member concerned or interested, shall not attend that meeting. (6) No act or proceeding of the Authority shall be invalid merely by reason of— (a) any vacancy in, or any defect in the constitution of, the Authority; or (b) any defect in the appointment of a person acting as the Chairperson or a member of the Authority; or (c) any irregularity in the procedure of the Authority not affecting the merits of the case. ### 5. Committees of Authority.— (1) The Authority may appoint such committees as may be necessary for the efficient discharge of its duties and performance of its functions under this Act. (2) The persons appointed as members of committee under sub-section (1) shall be entitled to receive such allowances or fees for attending the meetings of the committee as may be fixed by the Central Government. ### 6. Officers and other employees of Authority.— Subject to such control and restriction as may be prescribed, the Authority may appoint such officers and other employees as may be necessary for the efficient performance of its functions and the method of appointment, the salary and allowances and other conditions of service of such other officers and employees of the Authority shall be such as may be prescribed. ### 7. Chairperson to be Chief Executive.— The Chairperson shall be the Chief Executive of the Authority and shall exercise such powers and perform such duties as may be prescribed. ### 8. General functions of Authority.— (1) It shall be the duty of the Authority to promote, by such measures as it thinks fit, the encouragement for the development of new varieties of plants and to protect the rights of the farmers and breeders. (2) In particular, and without prejudice to the generality of the foregoing provisions, the measures referred to in sub-section (1) may provide for— (a) the registration of new extant plant varieties subject to such terms and conditions and in the manner as may be prescribed; (b) developing characterisation and documentation of varieties registered under this Act; (c) documentation, indexing and cataloguing of farmers’ varieties; (d) compulsory cataloguing facilities for all varieties of plants; (e) ensuring that seeds of the varieties registered under this Act are available to the farmers and providing for compulsory licensing of such varieties if the breeder of such varieties or any other person entitled to produce such variety under this Act does not arrange for production and sale of the seed in the manner as may be prescribed; (f) collecting statistics with regard to plant varieties, including the contribution of any person at any time in the evolution or development of any plant variety, in India or in any other country, for compilation and publication; (g) ensuring the maintenance of the Register. ### 9. Authentication of orders, etc., of Authority.— All orders and decisions of the Authority shall be authenticated by the signature of the Chairperson or any other member authorised by the Authority in this behalf. ### 10. Delegation.— The Authority may, by general or special order in writing, delegate to the Chairperson, any member or officer of the Authority subject to such conditions or limitations, if any, as may be specified in the order, such of its powers and functions (except the power to make regulations under section 95) under this Act as it may deem necessary. ### 11. Power of Authority.— In all proceedings under this Act before the Authority or the Registrar— (a) the Authority or the Registrar, as the case may be, shall have all the powers of a civil court for the purposes of receiving evidence, administering oaths, enforcing the attendance of witnesses, compelling the discovery and production of documents and issuing commissions for the examination of witnesses; (b) the Authority or the Registrar may, subject to any rules made in this behalf under this Act, make such orders as to cost as it considers reasonable and any such order shall be executable as a decree of a civil court. ### 12. Registry and offices thereof.— (1) The Central Government shall establish, for the purposes of this Act, a Registry which shall be known as the Plant Varieties Registry. (2) The head office of the Plant Varieties Registry shall be located in the head office of the Authority, and for the purpose of facilitating the registration of plant varieties, there may be established, at such places, as the Authority may think fit, branch offices of the Registry. (3) The Authority shall appoint a Registrar-General of Plant Varieties who shall be entitled to such salary and allowances and shall be subject to such conditions of service in respect of leave, pension, provident fund and such other matters as may be prescribed. (4) The Authority may appoint such number of Registrars as it thinks necessary for registration of plant varieties under the superintendence and direction of the Registrar-General under this Act and may make regulations with respect to their duties and jurisdiction. (5) The term of office and the conditions of service of the Registrars shall be such as may be provided by regulations. (6) The Authority may, by notification in the Official Gazette, define the territorial limits within which a branch office of the Registry may exercise its functions. (7) There shall be a seal of the Plant Varieties Registry. ### 13. National Register of Plant Varieties.— (1) For the purposes of this Act, a Register called the National Register of Plant Varieties shall be kept at the head office of the Registry, wherein shall be entered the names of all the registered plant varieties with the names and addresses of their respective breeders, the right of such breeders in respect of the registered varieties, the particulars of the denomination of each registered variety, its seed or other propagating material along with specification of salient features thereof and such other matters as may be prescribed. (2) Subject to the superintendence and direction of the Central Government, the Register shall be kept under the control and management of the Authority. (3) There shall be kept at each branch office of the Registry a copy of the Register and such other documents as the Central Government may, by notification in the Official Gazette, direct. Chapter III Registration of plant varieties and essentially derived variety -------------------------------------------------------------------------------- ### 14. Application for registration.— Any person specified in section 16 may make an application to the Registrar for registration of any variety— (a) of such genera and species as specified under sub-section (2) of section 29; or (b) which is an extant variety; or (c) which is a farmers’ variety. ### 15. Registerable varieties.— (1) A new variety shall be registered under this Act if it conforms to the criteria of novelty, distinctiveness, uniformity and stability. (2) Notwithstanding anything contained in sub-section (1), an extant variety shall be registered under this Act within a specified period if it conforms to such criteria of distinctiveness, uniformity and stability as shall be specified under the regulations. (3) For the purposes of sub-sections (1) and (2) as the case may be, a new variety shall be deemed to be— (a) novel, if, at the date of filing of the application for registration for protection, the propagating or harvested material of such variety has not been sold or otherwise disposed of by or with the consent of its breeder or his successor for the purposes of exploitation of such variety— (i) in India, earlier than one year; or (ii) outside India, in the case of trees or vines earlier than six years, or, in any other case, earlier than four years, before the date of filing such application: Provided that a trial of a new variety which has not been sold or otherwise disposed of shall not affect the right to protection: Provided further that the fact that on the date of filing the application for registration, the propagating or harvested material of such variety has become a matter of common knowledge other than through the aforesaid manner shall not affect the criteria of novelty for such variety; (b) distinct, if it is clearly distinguishable by at least one essential characteristic from any other variety whose existence is a matter of common knowledge in any country at the time of filing of the application. Explanation.— For the removal of doubts, it is hereby declared that the filing of an application for the granting of a breeder’s right to a new variety or for entering such variety in the official register of varieties in any convention country shall be deemed to render that variety a matter of common knowledge from the date of the application in case the application leads to the granting of the breeder’s right or to the entry of such variety in such official register, as the case may be; (c) uniform, if subject to the variation that may be expected from the particular features of its propagation it is sufficiently uniform in its essential characteristics; (d) stable, if its essential characteristics remain unchanged after repeated propagation or, in the case of a particular cycle of propagation, at the end of each such cycle. (4) A new variety shall not be registered under this Act if the denomination given to such variety— (i) is not capable of identifying such variety; or (ii) consists solely of figures; or (iii) is liable to mislead or to cause confusion concerning the characteristics, value identity of such variety or the identity of breeder of such variety; or (iv) is not different from every denomination which designates a variety of the same botanical species or of a closely related species registered under this Act; or (v) is likely to deceive the public or cause confusion in the public regarding the identity of such variety; or (vi) is likely to hurt the religious sentiments respectively of any class or section of the citizens of India; or (vii) is prohibited for use as a name or emblem for any of the purposes mentioned in section 3 of the Emblems and Names (Protection of Improper Use) Act, 1950 (52 of 1950); or (viii) is comprised of solely or partly of geographical name: Provided that the Registrar may register a variety, the denomination of which comprises solely or partly of a geographical name, if he considers that the use of such denomination in respect of such variety is an honest use under the circumstances of the case. ### 16. Persons who may make application.— (1) An application for registration under section 14 shall be made by— (a) any person claiming to be the breeder of the variety; or (b) any successor of the breeder of the variety; or (c) any person being the assignee of the breeder of the variety in respect of the right to make such application; or (d) any farmer or group of farmers or community of farmers claiming to be the breeder of the variety; or (e) any person authorised in the prescribed manner by a person specified under clauses (a) to (d) to make application on his behalf; or (f) any university or publicly funded agricultural institution claiming to be the breeder of the variety. (2) An application under sub-section (1) may be made by any of the persons referred to therein individually or jointly with any other person. ### 17. Compulsory variety denomination.— (1) Every application shall assign a single and distinct denomination to a variety with respect to which he is seeking registration under this Act in accordance with the regulations. (2) The Authority shall, having regard to the provisions of any international convention or treaty to which India has become a party, make regulations governing the assignment of denomination to a variety. (3) Where the denomination assigned to the variety does not satisfy the requirements specified in the regulations, the Registrar may require the applicant to propose another denomination within such time as may be specified by such regulations. (4) Notwithstanding anything contained in the Trade Marks Act, 1999 (47 of 1999), a denomination assigned to a variety shall not be registered as a trade mark under that Act. ### 18. Form of application.— (1) Every application for registration under section 14 shall— (a) be with respect to a variety; (b) state the denomination assigned to such variety by the applicant; (c) be accompanied by an affidavit sworn by the applicant that such variety does not contain any gene or gene sequence involving terminator technology; (d) be in such form as may be specified by regulations; (e) contain a complete passport data of the parental lines from which the variety has been derived along with the geographical location in India from where the genetic material has been taken and all such information relating to the contribution, if any, of any farmer, village community, institution or organisation in breeding, evolving or developing the variety; (f) be accompanied by a statement containing a brief description of the variety bringing out its characteristics of novelty, distinctiveness, uniformity and stability as required for registration; (g) be accompanied by such fees as may be prescribed; (h) contain a declaration that the genetic material or parental material acquired for breeding, evolving or developing the variety has been lawfully acquired; and (i) be accompanied by such other particulars as may be prescribed: Provided that in case where the application is for the registration of farmers’ variety, nothing contained in clauses (b) to (i) shall apply in respect of the application and the application shall be in such form as may be prescribed; (2) Every application referred to in sub-section (1) shall be filed in the office of the Registrar. (3) Where such application is made by virtue of a succession or an assignment of the right to apply for registration, there shall be furnished at the time of making the application, or within such period after making the application as may be prescribed, a proof of the right to make the application. ### 19. Test to be conducted.— (1) Every applicant shall, along with the application for registration made under this Act, make available to the Registrar such quantity of seeds of a variety for registration of which such application is made, for the purpose of conducting tests to evaluate whether seeds of such variety along with parental material conform to the standards as may be specified by regulations: Provided that the Registrar or any person or test centre to whom such seed has been sent for conducting test shall keep such seed during his or its possession in such manner and in such condition that its viability and quality shall remain unaltered. (2) The applicant shall deposit such fee as may be prescribed for conducting tests referred to in sub-section (1). (3) The tests referred to in sub-section (1) shall be conducted in such manner and by such method as may be prescribed. ### 20. Acceptance of application or amendment thereof.— (1) On receipt of an application under section 14, the Registrar may, after making such inquiry as he thinks fit with respect to the particulars contained in such application, accept the application absolutely or subject to such conditions or limitations as he deems fit. (2) Where the Registrar is satisfied that the application does not comply with the requirements of this Act or any rules or regulations made thereunder, he may, either— (a) require the applicant to amend the application to his satisfaction; or (b) reject the application: Provided that no application shall be rejected unless the applicant has been given a reasonable opportunity of presenting his case. ### 21. Advertisement of application.— (1) Where an application for registration of a variety has been accepted absolutely or subject to conditions or limitations under sub-section (1) of section 20, the Registrar shall, as soon as after its acceptance, cause such application together with the conditions or limitations, if any, subject to which it has been accepted and the specifications of the variety for registration of which such application is made including its photographs or drawings, to be advertised in the prescribed manner calling objections from the persons interested in the matter. (2) Any person may, within three months from the date of the advertisement of an application for registration on payment of the prescribed fee, give notice in writing in the prescribed manner, to the Registrar of his opposition to the registration. (3) Opposition to the registration under sub-section (2) may be made on any of the following grounds, namely:— (a) that the person opposing the application is entitled to the breeder’s right as against the applicant; or (b) that the variety is not registerable under this Act; or (c) that the grant of certificate of registration may not be in public interest; or (d) that the variety may have adverse effect on the environment. (4) The Registrar shall serve a copy of the notice of opposition on the applicant for registration and, within two months from the receipt by the applicant of such copy of the notice of opposition, the applicant shall send to the Registrar in the prescribed manner a counter-statement of the grounds on which he relies for his application, and if he does not do so, he shall be deemed to have abandoned his application. (5) If the applicant sends such counter-statement, the Registrar shall serve a copy thereof on the person giving notice of opposition. (6) Any evidence upon which the opponent and the applicant may rely shall be submitted, in the manner prescribed and within the time prescribed, to the Registrar and the Registrar shall give an opportunity to them to be heard, if so desired. (7) The Registrar shall, after hearing the parties, if so required, and considering the evidence, decide whether and subject to what conditions or limitations, if any, the registration is to be permitted and may take into account a ground of objection whether relied upon by the opponent or not. (8) Where a person giving notice of opposition or an applicant sending a counter-statement after receipt of a copy of such notice neither resides nor carries on business in India, the Registrar may require him to give security for the cost of proceedings before him and in default of such security being duly given may treat the opposition or application, as the case may be, as abandoned. (9) The Registrar may, on request, permit correction of any error in, or any amendment of, a notice of opposition or a counter-statement on such terms as he may think fit. ### 22. Registrar to consider grounds of opposition.— The Registrar shall consider all the grounds on which the application has been opposed and after giving reasons for his decision, by order, uphold or reject the opposition. ### 23. Registration of essentially derived variety.— (1) An application for the registration of an essentially derived variety of the genera or species specified under sub-section (2) of section 29 by the Central Government shall be made to the Registrar by or on behalf of any person referred to in section 14 and in the manner specified in, section 18 as if for the word “variety” the words “essentially derived variety” have been substituted therein and shall be accompanied by such documents and fee as may be prescribed. (2) When the Registrar is satisfied that the requirements of sub-section (1) have been complied with to his satisfaction, he shall forward the application with his report and all the relevant documents to the Authority. (3) On receipt of an application under sub-section (2), the Authority shall get examined such essentially derived variety to determine as to whether the essentially derived variety is a variety derived from the initial variety by conducting such tests and following such procedure as may be prescribed. (4) When the Authority is satisfied on the report of the test referred to in sub-section (3) that the essentially derived variety has been derived from the initial variety, it may direct the Registrar to register such essentially derived variety and the Registrar shall comply with the direction of the Authority. (5) Where the Authority is not satisfied on the report of the test referred to in sub-section (3) that the essentially derived variety has been derived from the initial variety it shall refuse the application. (6) The rights of breeder of a variety contained in section 28 shall apply to the breeder of essentially derived variety: Provided that the authorisation by the breeder of the initial variety to the breeder of essentially derived variety under sub-section (2) of section 28 may be subject to such terms and conditions as both the parties may mutually agree upon. (7) An essentially derived variety shall not be registered under this section unless it satisfies the requirements of section 15 as if for the word “variety”, the words “essentially derived variety” have been substituted therein. (8) When an essentially derived variety has been registered by the Registrar in compliance with the direction of the Authority under sub-section (4), the Registrar shall issue to the applicant a certificate of registration in the prescribed form and sealed with the seal of the Registry and send a copy thereof to the Authority and to such other authority, as may be prescribed, for information. Chapter IV Duration and effect of registration and benefit sharing ----------------------------------------------------------------------- ### 24. Issue of certificate of registration.— (1) When an application for registration of a variety (other than an essentially derived variety), has been accepted and either— (a) the application has not been opposed and the time of notice of opposition has expired; or (b) the application has been opposed and the opposition has been rejected, the Registrar shall register the variety. (2) On the registration of the variety (other than an essentially derived variety), the Registrar shall issue to the applicant a certificate of registration in the prescribed form and sealed with the seal of the Registry and send a copy to the Authority for determination of benefit sharing and to such other authority, as may be prescribed, for information. The maximum time required by the Registrar for issuing the certificate of registration from the date of filing of the application for registration of a variety shall be such as may be prescribed. (3) Where registration of a variety (other than an essentially derived variety), is not completed within twelve months from the date of the application by reason of default on the part of the applicant, the Registrar may, after giving notice to the applicant in the prescribed manner, treat the application as abandoned unless it is completed within the time specified in that behalf in the notice. (4) The Registrar may amend the Register or a certificate of registration for the purpose of correcting a clerical error or an obvious mistake. (5) The Registrar shall have power to issue such directions to protect the interests of a breeder against any abusive act committed by any third party during the period between filing of application for registration and decision taken by the Authority on such application. (6) The certificate of registration issued under this section or sub-section (8) of section 23 shall be valid for nine years in the case of trees and vines and six years in the case of other crops and may be reviewed and renewed for the remaining period on payment of such fees as may be fixed by the rules made in this behalf subject to the condition that the total period of validity shall not exceed,— (i) in the case of trees and vines, eighteen years from the date of registration of the variety; (ii) in the case of extant varieties, fifteen years from the date of the notification of that variety by the Central Government under section 5 of the Seeds Act, 1966 (54 of 1966); and (iii) in the other cases, fifteen years from the date of registration of the variety. ### 25. Publication of list of varieties.— The Authority shall, within such intervals as it thinks appropriate, publish the list of varieties which have been registered during that interval. ### 26. Determination of benefit sharing by Authority.— (1) On receipt of copy of the certificate of registration under sub-section (8) of section 23 or sub-section (2) of section 24, the Authority shall publish such contents of the certificate and invite claims of benefit sharing to the variety registered under such certificate in the manner as may be prescribed. (2) On invitation of the claims under sub-section (1), any person or group of persons or firm or governmental or non-governmental organisation shall submit its claim of benefit sharing to such variety in the prescribed form within such period, and accompanied with such fee, as may be prescribed: Provided that such claim shall only be submitted by any— (i) person or group of persons, if such person or every person constituting such group is a citizen of India; or (ii) firm or governmental or non-governmental organisation, if such firm or organisation is formed or established in India. (3) On receiving a claim under sub-section (2), the Authority shall send a copy of such claims to the breeder of the variety registered under such certificate and the breeder may, on receipt of such copy, submit his opposition to such claim within such period and in such manner as may be prescribed. (4) The Authority shall, after giving an opportunity of being heard to the parties, dispose of the claim received under sub-section (2). (5) While disposing of the claim under sub-section (4), the Authority shall explicitly indicate in its order the amount of the benefit sharing, if any, for which the claimant shall be entitled and shall take into consideration the following matters, namely:— (a) the extent and nature of the use of genetic material of the claimant in the development of the variety relating to which the benefit sharing has been claimed; (b) the commercial utility and demand in the market of the variety relating to which the benefit sharing has been claimed. (6) The amount of benefit sharing to a variety determined under this section shall be deposited by the breeder of such variety in the manner referred to in clause (a) of sub-section (1) of section 45 in the National Gene Fund. (7) The amount of benefit sharing determined under this section shall, on a reference made by the Authority in the prescribed manner, be recoverable as an arrear of land revenue by the District Magistrate within whose local limits of jurisdiction the breeder liable for such benefit sharing resides. ### 27. Breeder to deposit seeds or propagating material.— (1) The breeder shall be required to deposit such quantity of seeds or propagating material including parental line seeds of registered variety in the National Gene Bank as may be specified in the regulations for reproduction purpose at breeder’s expense within such time as may be specified in that regulation. (2) The seeds or propagating material or parental line seeds to be deposited under sub-section (1) shall be deposited to the National Gene Bank specified by the Authority. ### 28. Registration to confer right.— (1) Subject to the other provisions of this Act, a certificate of registration for a variety issued under this Act shall confer an exclusive right on the breeder or his successor, his agent or licensee, to produce, sell, market, distribute, import or export the variety: Provided that in the case of an extant variety, unless a breeder or his successor establishes his right, the Central Government, and in cases where such extant variety is notified for a State or for any area thereof under section 5 of the Seeds Act, 1966 (54 of 1966) the State Government, shall be deemed to be the owner of such right. (2) A breeder may authorise any person to produce, sell, market or otherwise deal with the variety registered under this Act subject to such limitations and conditions as may be specified in the regulations. (3) Every authorisation under this section shall be in such form as may be specified by regulations. (4) Where an agent or a licensee referred to in sub-section (1) becomes entitled to produce, sell, market, distribute, import or export a variety, he shall apply in the prescribed manner and with the prescribed fee to the Registrar to register his title and the Registrar shall, on receipt of application and on proof of title to his satisfaction, register him as an agent or a licensee, as the case may be, in respect of the variety for which he is entitled for such right, and shall cause particulars of such entitlement and conditions or restrictions, if any, subject to which such entitlement is made, to be entered in the register: Provided that when the validity of such entitlement is in dispute between the parties, the Registrar may refuse to register the entitlement and refer the matter in the prescribed manner to the Authority and withhold the registration of such entitlement until the right of the parties in dispute so referred to has been determined by the Authority. (5) The Registrar shall issue a certificate of registration under sub-section (4) to the applicant after such registration and shall enter in the certificate the brief conditions of entitlement, if any, in the prescribed manner, and such certificate shall be the conclusive proof of such entitlement and the conditions or restrictions thereof, if any. (6) Subject to any agreement subsisting between the parties, an agent or licensee of a right to a variety registered under sub-section (4) shall be entitled to call upon the breeder or his successor thereof to take proceedings to prevent infringement thereof, and if the breeder or his successor refuses or neglects to do so within three months after being so called upon, such registered agent or licensee may institute proceedings for infringement in his own name as if he were the breeder, making the breeder or his successor a defendant. (7) Notwithstanding anything contained in any other law, a breeder or his successor so added as defendant shall not be liable for any costs unless he enters an appearance and takes part in the proceedings. (8) Nothing in this section shall confer on a registered agent or registered licensee of a variety any right to transfer such right further thereof. (9) Without prejudice to the registration under sub-section (4), the terms of registration— (a) may be varied by the Registrar as regards the variety in respect of which, or any condition or restriction subject to which, it has effect on receipt of an application in the prescribed manner of the registered breeder of such variety or his successor; (b) may be cancelled by the Registrar on the application in the prescribed manner of the registered breeder of such variety or his successor or of the registered agent or registered licensee of such variety; (c) may be cancelled by the Registrar on the application in the prescribed manner of any person other than the breeder, his successor, the registered agent or the registered licensee on any of the following grounds, namely:— (i) that the breeder of a variety or his successor or the registered agent or registered licensee of such variety, misrepresented, or failed to disclose, some fact material to the application for registration under sub-section (4) which if accurately represented or disclosed would have justified the refusal of the application for registration of the registered agent or registered licensee; (ii) that the registration ought not to have been effected having regard to the right vested in the applicant by virtue of a contract in the performance of which he is interested; (d) may be cancelled by the Registrar on the application in the prescribed manner of the breeder of a registered variety, or his successor on the ground that any stipulation in the agreement between the registered agent or the registered licensee, as the case may be, and such breeder or his successor regarding the variety for which such agent or licensee is registered is not being enforced or is not being complied with; (e) may be cancelled by the Registrar on the application of any person in the prescribed manner on the ground that the variety relating to the registration is no longer existing. (10) The Registrar shall issue notice in the prescribed manner of every application under this section to the registered breeder of a variety or his successor and to each registered agent or registered licensee (not being the applicant) of such variety. (11) The Registrar shall, before making any order under sub-section (9), forward the application made in that behalf along with any objection received by any party after notice under sub-section (10) for the consideration of the Authority, and the Authority may, after making such inquiry as it thinks fit, issue such directions to the Registrar as it thinks fit and the Registrar shall dispose of the application in accordance with such directions. ### 29. Exclusion of certain varieties.— (1) Notwithstanding anything contained in this Act, no registration of a variety shall be made under this Act in cases where prevention of commercial exploitation of such variety is necessary to protect public order or public morality or human, animal and plant life and health or to avoid serious prejudice to the environment. (2) The Central Government shall, by notification in the Official Gazette, specify the genera or species for the purposes of registration of varieties other than extant varieties and farmers’ varieties under this Act. (3) Notwithstanding anything contained in sub-section (2) and sub-section (1) and (2) of section 15, no variety of any genera or species which involves any technology which is injurious to the life or health of human beings, animals or plants shall be registered under this Act. Explanation.— For the purposes of this sub-section, the expression “any technology” includes genetic use restriction technology and terminator technology. (4) The Central Government shall not delete any genera or species from the list of genera or species specified in a notification issued under sub-section (2) except in the public interest. (5) Any variety belonging to the genera or species excluded under sub-section (4) shall not be eligible for any protection under this Act. ### 30. Researcher’s rights.— Nothing contained in this Act shall prevent— (a) the use of any variety registered under this Act by any person using such variety for conducting experiment or research; or (b) the use of a variety by any person as an initial source of variety for the purpose of creating other varieties: Provided that the authorisation of the breeder of a registered variety is required where the repeated use of such variety as a parental line is necessary for commercial production of such other newly developed variety. ### 31. Special provisions relating to application for registration from citizens of convention countries.— (1) With a view to the fulfilment of a treaty, convention or arrangement with any country outside India which affords to citizens of India similar privileges as granted to its own citizens, the Central Government may, by notification in the Official Gazette, declare such country to be a convention country for the purposes of this Act. (2) Where a person has made an application for the granting of a breeder’s right to a variety or for entering such variety in the official register of varieties in a convention country and that person, or any person entitled to make application on his behalf under section 14 or section 23, makes an application for the registration of such variety in India within twelve months after the date on which the application was made in the convention country, such variety shall, if registered under this Act, be registered as of the date on which the application was made in the convention country and that date shall be deemed for the purposes of this Act to be the date of registration. (3) Where applications have been made for granting of a breeder’s right to a variety or for entering such variety in the official register of varieties in two or more convention countries, the period of twelve months referred to in sub-section (2) shall be reckoned from the date on which the earlier or earliest of those applications were made. (4) Nothing in this Act shall entitle the breeder of a registered variety for infringement of rights other than protected under this Act which took place prior to the date of application of registration under this Act. ### 32. Provisions as to reciprocity.— Where any country specified by the Central Government in this behalf by notification in the Official Gazette under sub-section (1) of section 31 does not accord to citizens of India the same rights in respect of the registration and protection of a variety, as it accords to its own nationals, no national of such country shall be entitled, either solely or jointly with any other person, to apply for the registration of a variety or be entitled to get a variety registered under this Act. Chapter V Surrender and revocation of certificate and rectification and correction of register --------------------------------------------------------------------------------------------------- ### 33. Surrender of certificate of registration.— (1) A breeder of a variety registered under this Act may, at any time by giving notice in the prescribed manner to the Registrar, offer to surrender his certificate of registration. (2) Where such an offer is made, the Registrar shall notify in the prescribed manner every registered agent or registered licensee relating to such certificate. (3) Any of such agent or licensee may, within the prescribed period after such notification, give notice to the Registrar of his opposition to the surrender and where any such notice is given, the Registrar shall intimate the contents of such notice to the breeder of such variety. (4) If the Registrar is satisfied after hearing the applicant and all the opponents, if desirous of being heard, that the certificate of registration may properly be surrendered, he may accept the offer and by order revoke the certificate of registration. ### 34. Revocation of protection on certain grounds.— Subject to the provisions contained in this Act, the protection granted to a breeder in respect of a variety may, on the application in the prescribed manner of any person interested, be revoked by the Authority on any of the following grounds, namely:— (a) that the grant of the certificate of registration has been based on incorrect information furnished by the applicant; (b) that the certificate of registration has been granted to a person who is not eligible for protection under this Act; (c) that the breeder did not provide the Registrar with such information, documents or material as required for registration under this Act; (d) that the breeder has failed to provide an alternative denomination of the variety which is the subject matter of the registration to the Registrar in case where the earlier denomination of such variety provided to the Registrar is not permissible for registration under this Act; (e) that the breeder did not provide the necessary seeds or propagating material to the person to whom compulsory licence has been issued under section 47 regarding the variety in respect of which registration certificate has been issued to such breeder; (f) that the breeder has not complied with the provisions of this Act or rules or regulations made thereunder; (g) that the breeder has failed to comply with the directions of the Authority issued under this Act; (h) that the grant of the certificate of registration is not in the public interest: Provided that no such protection shall be revoked unless the breeder is given a reasonable opportunity to file objection and of being heard in the matter. ### 35. Payment of annual fee and forfeiture of registration in default thereof.— (1) The Authority may, with the prior approval of the Central Government, by notification in the Official Gazette, impose a fee to be paid annually, by every breeder of a variety, agent and licensee thereof registered under this Act determined on the basis of benefit or royalty gained by such breeder, agent or licensee, as the case may be, in respect of the variety, for the retention of their registration under this Act. (2) If any breeder, agent or licensee fails to deposit the fee referred to in sub-section (1) imposed upon him under that sub-section in the prescribed manner up to two consecutive years, the Authority shall issue notice to such breeder, agent or licensee and on service of such notice if he fails to comply with the direction in the notice, the Authority shall declare all the protection admissible under the registration certificate issued to such breeder or agent or licensee forfeited. (3) The arrears of fee imposed under sub-section (1) shall be deemed to be the arrears of land revenue and shall be recoverable accordingly. ### 36. Power to cancel or change registration and to rectify the Register.— (1) On an application made in the prescribed manner to the Registrar by any person aggrieved, the Registrar may make such order as he may think fit for cancelling or changing any certificate of registration issued under this Act on the ground of any contravention of the provisions of this Act or failure to observe a condition subject to which such registration certificate is issued. (2) Any person aggrieved by the absence or omission from the Register of any entry, or by any entry made in the Register without sufficient cause, or by any entry wrongly remaining on the Register, may apply in the prescribed manner to the Registrar and the Registrar may make such order for making, expunging or varying the entry as he may think fit. (3) The Registrar may, in any proceeding under this section, decide any question that may be necessary or expedient to decide in connection with the rectification of the Register. (4) The Registrar on his own motion, may, after giving notice in the prescribed manner to the parties concerned and after giving them an opportunity of being heard, make any order referred to in sub-section (1) or sub-section (2). ### 37. Correction of Register.— (1) The Registrar may, on an application in the prescribed manner by the breeder of a variety registered under this Act,— (a) correct any error in the Register in the name, address or description of such breeder or any other entry relating to such variety; (b) enter in the Register any change in the name, address or description of such breeder; (c) cancel the entry in the Register of the variety in respect of which such application is made; and may make any consequential amendment or alteration in the certificate of registration and for that purpose require the certificate of registration to be produced to him. (2) The Registrar may, on application made in the prescribed manner by a registered agent or a registered licensee of a variety and after notice to the registered breeder of such variety, correct any error or enter any change, in the name, address or description of such registered agent or registered licensee, as the case may be, in the Register or certificate of registration issued under this Act. ### 38. Alteration of denomination of a registered variety.— (1) The breeder of a variety registered under this Act may apply in the prescribed manner to the Registrar to delete any part or to add to or alter the denomination of such variety in any manner not substantially affecting the identity thereof, and the Registrar may refuse leave or may grant it on such terms and subject to such limitations as he may think fit to avoid any conflict with the rights of the other breeders of the varieties registered under this Act. (2) The Registrar may cause an application under this section to be advertised in the prescribed manner in any case where it appears to him that it is expedient so to do, and where he does so, if within the prescribed time from the date of the advertisement any person gives notice to the Registrar in the prescribed manner of opposition to the application, the Registrar shall, after hearing the parties if so required, decide the matter. (3) Where leave is granted under this section, the denomination of the variety as altered shall be advertised in the prescribed manner, unless the application has already been advertised under sub-section (2). Chapter VI Farmers' rights ------------------------------- ### 39. Farmers’ right.— (1) Notwithstanding anything contained in this Act,— (i) a farmer who has bred or developed a new variety shall be entitled for registration and other protection in like manner as a breeder of a variety under this Act; (ii) the farmers’ variety shall be entitled for registration if the application contains declarations as specified in clause (h) of sub-section (1) of section 18; (iii) a farmer who is engaged in the conservation of genetic resources of land races and wild relatives of economic plants and their improvement through selection and preservation shall be entitled in the prescribed manner for recognition and reward from the Gene Fund: Provided that material so selected and preserved has been used as donors of genes in varieties registrable under this Act; (iv) a farmer shall be deemed to be entitled to save, use, sow, resow, exchange, share or sell his farm produce including seed of a variety protected under this Act in the same manner as he was entitled before the coming into force of this Act: Provided that the farmer shall not be entitled to sell branded seed of a variety protected under this Act. Explanation.— For the purposes of clause (iv) , “branded seed” means any seed put in a package or any other container and labelled in a manner indicating that such seed is of a variety protected under this Act. (2) Where any propagating material of a variety registered under this Act has been sold to a farmer or a group of farmers or any organisation of farmers, the breeder of such variety shall disclose to the farmer or the group of farmers or the organisation of farmers, as the case may be, the expected performance under given conditions, and if such propagating material fails to provide such performance under such given conditions, the farmer or the group of farmers or the organisation of farmers, as the case may be, may claim compensation in the prescribed manner before the Authority and the Authority, after giving notice to the breeder of the variety and after providing him an opportunity to file opposition in the prescribed manner and after hearing the parties, it may direct the breeder of the variety to pay such compensation as it deems fit, to the farmer or the group of farmers or the organisation of farmers, as the case may be. ### 40. Certain information to be given in application for registration.— (1) A breeder or other person making application for registration of any variety under Chapter III shall disclose in the application the information regarding the use of genetic material conserved by any tribal or rural families in the breeding or development of such variety. (2) If the breeder or such other person fails to disclose any information under sub-section (1), the Registrar may, after being satisfied that the breeder or such person has wilfully and knowingly concealed such information, reject the application for registration. ### 41. Rights of communities.— (1) Any person, group of persons (whether actively engaged in farming or not) or any governmental or non-governmental organisation may, on behalf of any village or local community in India, file in any centre notified, with the previous approval of the Central Government by the Authority in the Official Gazette, any claim attributable to the contribution of the people of that village or local community, as the case may be, in the evolution of any variety for the purpose of staking a claim on behalf of such village or local community. (2) Where any claim is made under sub-section (1), the centre notified under that sub-section may verify the claim made by such person or group of persons or such governmental or non-governmental organisation in such manner as it deems fit and if it is satisfied that such village or local community has contributed significantly to the evolution of the variety which has been registered under this Act, it shall report its findings to the Authority. (3) When the Authority, on a report under sub-section (2) is satisfied, after such enquiry as it may deem fit, that the variety with which the report is related has been registered under the provisions of this Act, it may issue notice in the prescribed manner to the breeder of that variety and after providing opportunity to such breeder to file objection in the prescribed manner and of being heard, it may subject to any limit notified by the Central Government, by order, grant such sum of compensation to be paid to a person or group of persons or governmental or non-governmental organisation which has made claim under sub-section (1), as it may deem fit. (4) Any compensation granted under sub-section (3) shall be deposited by the breeder of the variety in the Gene Fund. (5) The compensation granted under sub-section (3) shall be deemed to be an arrear of land revenue and shall be recoverable by the Authority accordingly. ### 42. Protection of innocent infringement.— Notwithstanding anything contained in this Act,— (i) a right established under this Act shall not be deemed to be infringed by a farmer who at the time of such infringement was not aware of the existence of such right; and (ii) a relief which a court may grant in any suit for infringement referred to in section 65 shall not be granted by such court, nor any cognizance of any offence under this Act shall be taken, for such infringement by any court against a farmer who proves, before such court, that at the time of the infringement he was not aware of the existence of the right so infringed. ### 43. Authorisation of farmers’ variety.— Notwithstanding anything contained in sub-section (6) of section 23 and section 28, where an essentially derived variety is derived from a farmers’ variety, the authorisation under sub-section (2) of section 28 shall not be given by the breeder of such farmers' variety except with the consent of the farmers' or group of farmers or community of farmers who have made contribution in the preservation or development of such variety. ### 44. Exemption from fees.— A farmer or group of farmers or village community shall not be liable to pay any fee in any proceeding before the Authority or Registrar or the Tribunal or the High Court under this Act or the rules made thereunder. Explanation.— For the purposes of this section, “fee for any proceeding” includes any fee payable for inspection of any document or for obtaining a copy of any decision or order or document under this Act or the rules made thereunder. ### 45. Gene Fund.— (1) The Central Government shall constitute a Fund to be called the National Gene Fund and there shall be credited thereto— (a) the benefit sharing received in the prescribed manner from the breeder of a variety or an essentially derived variety registered under this Act, or propagating material of such variety or essentially derived variety, as the case may be; (b) the annual fee payable to the Authority by way of royalty under sub-section (1) of section 35; (c) the compensation deposited in the Gene Fund under sub-section (4) of section 41; (d) the contribution from any national and international organisation and other sources; (2) The Gene Fund shall, in the prescribed manner, be applied for meeting— (a) any amount to be paid by way of benefit sharing under sub-section (5) of section 26; (b) the compensation payable under sub-section (3) of section 41; (c) the expenditure for supporting the conservation and sustainable use of genetic resources including in-situ and ex-situ collections and for strengthening the capability of the Panchayat in carrying out such conservation and sustainable use; (d) the expenditure of the schemes relating to benefit sharing framed under section 46. ### 46. Framing of schemes, etc.— (1) The Central Government shall, for the purposes of section 41 and clause (d) of sub-section (2) of section 45, frame, by notification in the Official Gazette, one or more schemes. (2) In particular and without prejudice to the generality of the provisions of sub-section (1), the scheme may provide for all or any of the following matters, namely:— (a) the registration of the claims for the purposes of section 41 under the scheme and all matters connected with such registration; (b) the processing of such claims for securing their enforcement and matters connected therewith; (c) the maintenance of records and registers in respect of such claims; (d) the utilisation, by way of disbursal (including apportionment) or otherwise, of any amounts received in satisfaction of such claims; (e) the procedure for disbursal or apportionment by the Authority in the event of dispute regarding such claims; (f) the utilisation of benefit sharing for the purposes relating to breeding, discovery or development of varieties; (g) the maintenance and audit of accounts with respect to the amounts referred to in clause (d). Chapter VII Compulsory licence ----------------------------------- ### 47. Power of Authority to make order for compulsory licence in certain circumstances.— (1) At any time, after the expiry of three years from the date of issue of a certificate of registration of a variety, any person interested may make an application to the Authority alleging that the reasonable requirements of the public for seeds or other propagating material of the variety have not been satisfied or that the seed or other propagating material of the variety is not available to the public at a reasonable price and pray for the grant of a compulsory licence to undertake production, distribution and sale of the seed or other propagating material of that variety. (2) Every application under sub-section (1) shall contain a statement of the nature of the applicant’s interest together with such particulars as may be prescribed and the facts upon which the application is based. (3) The Authority, after consultation with the Central Government, and if satisfied after giving an opportunity to the breeder of such variety to file opposition and after hearing the parties, on the issue that the reasonable requirements of the public with respect to the variety have not been satisfied or that the seed or other propagating material of the variety is not available to the public at a reasonable price, may order such breeder to grant a licence to the applicant upon such terms and conditions as it may deem fit and send a copy of such order to the Registrar to register the title of such applicant as licensee under sub-section (4) of section 28 on payment of such fee by the applicant as is referred to in that sub-section. ### 48. When requirement of public deemed to have not been satisfied.— In determining the question as to whether the reasonable requirements of the public for seeds of a variety or its propagating material as referred to in sub-section (1) or sub-section (3) of section 47, the Authority shall take into account— (i) the nature of the variety, the time which has elapsed since the grant of the certificate of registration of the variety, price of seed of the variety and the measures taken by the breeder or any registered licensee of the variety to meet the requirement of the public; and (ii) the capacity, ability and technical competence of the applicant to produce and market the variety to meet the requirement of the public. ### 49. Adjournment of application for grant of compulsory licence.— (1) If the breeder of a variety registered under this Act in respect of which any application has been pending before the Authority under section 47 makes a written request to the Authority on the ground that due to any reasonable factor, such breeder has been unable to produce seed or other propagating material of the variety on a commercial scale to an adequate extent till the date of making such request, the Authority may, on being satisfied that the said ground is reasonable, adjourn the hearing of such application for such period not exceeding twelve months in aggregate as it may consider sufficient for optimum production of the seed or propagating material of such variety, as the case may be, by such breeder. (2) No adjournment of the application under sub-section (1) shall be granted unless the Authority is satisfied that the breeder of the variety registered under this Act in respect of which such application is made, has taken immediate measures to meet the reasonable requirements of the public for the seeds or other propagating material of such variety. ### 50. Duration of compulsory licence.— The Authority shall determine the duration of the compulsory licences granted under this Chapter and such duration may vary from case to case keeping in view the gestation periods and other relevant factors but in any case it shall not exceed the total remaining period of the protection of that variety and when a compulsory licence is granted the prescribed authority shall, in the prescribed manner make available to the licensee of such compulsory licence, the reproductive material of the variety relating to such compulsory licence stored in the National Gene Bank or any other centre. ### 51. Authority to settle terms and conditions of licence.— (1) The Authority shall, while determining the terms and conditions of a compulsory licence under the provisions of this Chapter, endeavour to secure— (i) reasonable compensation to the breeder of the variety relating to the compulsory licence having regard to the nature of the variety, the expenditure incurred by such breeder in breeding the variety or for developing it, and other relevant factors; (ii) that the compulsory licensee of such variety possesses the adequate means to provide to the farmers, the seeds or its other propagating material of such variety, timely and at reasonable market price. (2) No compulsory licence granted by the Authority shall authorise the licensee to import the variety relating to such licence or any seed or other propagating material of such variety from abroad where such import would constitute an infringement of the rights of the breeder of such variety. ### 52. Revocation of compulsory licence.— (1) The Authority may on its own motion or on application from an aggrieved person made to it in the prescribed form, if it is satisfied that a compulsory licensee registered under this Chapter has violated any terms or conditions of this licence or it is not appropriate to continue further such licence in public interest, it may, after giving such licensee an opportunity to file opposition and of being heard, make order to revoke such licence. (2) When a licence is revoked under sub-section (1) by an order of the Authority, the Authority shall send a copy of such order to the Registrar to rectify the entry or correct the Register relating to such revocation and the Registrar shall rectify the entry or correct the Register accordingly. ### 53. Modification of compulsory licence.— The Authority may, on its own motion or on application from the licensee of a compulsory licence, after providing the opportunity of being heard to the breeder of the variety registered under this Act relating to such compulsory licence, if it considers, in public interest, so to do, modify, by order, such terms and conditions as it thinks fit and send a copy of such order to the Registrar to correct the entries and Register according to such modifications and the Registrar shall ensure such corrections to be made accordingly. Chapter VIII Plant varieties protection appellate tribunal --------------------------------------------------------------- ### 54. Tribunal.— The Central Government may, by notification in the Official Gazette, establish a Tribunal to be known as the Plant Varieties Protection Appellate Tribunal to exercise the jurisdiction, powers and authority conferred on it by or under this Act. ### 55. Composition of Tribunal.— (1) The Tribunal shall consist of a Chairman and such number of Judicial Members and Technical Members as the Central Government may deem fit to appoint. (2) A Judicial Member shall be a person who has for at least ten years held a judicial office in the territory of India or who has been a member of the Indian Legal Service and has held a post in Grade-II of that Service or any equivalent or higher post for at least three years or who has been an advocate for at least twelve years. Explanation.— For the purposes of this sub-section,— (i) in computing the period during which a person has held judicial office in the territory of India, there shall be included any period, after he has held any judicial office, during which the person has been an advocate or has held the office of a member of a tribunal or any post, under the Union or a State, requiring special knowledge of law; (ii) in computing the period during which a person has been an advocate, there shall be included any period during which the person has held judicial office or the office of a member of a tribunal or any post, under the Union or a State, requiring special knowledge of law after he became an advocate. (3) A Technical Member shall be a person who is an eminent agricultural scientist in the field of plant breeding and genetics and possesses an experience of at least twenty years to deal with plant variety or seed development activity, or who has held the post in the Central Government or a State Government dealing with plant variety or seed development equivalent to the Joint Secretary to the Government of India for at least three years and possesses special knowledge in the field of plant breeding and genetics. (4) The Central Government shall appoint a Judicial Member of the Tribunal to be the Chairman thereof. (5) The Central Government may appoint one of the Member of the Tribunal to be the senior Member thereof. (6) The senior Member or a Member shall exercise such of the powers and perform such of the functions of the Chairman as may be delegated to him by the Chairman by a general or special order in writing. ### 56. Appeals to the Tribunal.— (1) An appeal shall be preferred to the Tribunal within the prescribed period from any— (a) order or decision of the Authority or Registrar, relating to registration of a variety; or (b) order or decision of the Registrar relating to registration as an agent or a licensee of a variety; or (c) order or decision of the Authority relating to claim for benefit sharing; or (d) order or decision of the Authority regarding revocation of compulsory licence or modification of compulsory licence; or (e) order or decision of the Authority regarding payment of compensation, made under this Act or rules made thereunder. (2) Every such appeal shall be preferred by the petition in writing and shall be in such form and shall contain such particulars as may be prescribed. (3) The Tribunal in disposing of an appeal under this section shall have the power to make any order which the Authority or the Registrar could make under this Act. ### 57. Orders of Tribunal.— (1) The Tribunal may, after giving both the parties to the appeal an opportunity of being heard, pass such orders thereon as it thinks fit. (2) The Tribunal may, at any time within thirty days from the date of the order, with a view to rectifying the mistake apparent from the record, amend any order passed by it under sub-section (1), and make such amendment if the mistake is brought to its notice by the appellant or the opposite party. (3) In every appeal, the Tribunal may where it is possible, hear and decide such appeal within a period of one year from the date of filing of the appeal. (4) The Tribunal shall send a copy of any order passed under this section to the Registrar. (5) The orders of the Tribunal under this Act shall be executable as a decree of a civil court. ### 58. Procedure of Tribunal.— (1) The powers and functions of the Tribunal may be exercised and discharged by Benches constituted by the Chairman of the Tribunal from among the Members thereof. (2) A Bench shall consist of one Judicial Member and one Technical Member. (3) If the Member of a Bench differ in opinion on any point, they shall state the point or points on which they differ, and the case shall be referred to the Chairman 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. (4) Subject to the provisions of this Act, the Tribunal shall have power to regulate its own procedure and the procedure of Benches thereof in all matters arising out of the exercise of its powers or the discharge of its functions, including the places at which the Benches shall hold their sittings. (5) The Tribunal shall, for the purpose of discharging its functions, have all the power which are vested in the Registrar under section 11, and any proceeding before the Tribunal shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 and for the purpose of section 196 of the Indian Penal Code (45 of 1860), and the Tribunal shall be deemed to be a civil court for all the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974). (6) 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 an appeal 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 made or proposed to be made; and (b) opportunity is given to such party to be heard in the matter. ### 59. Transitional provision.— Notwithstanding anything contained in this Act, till the establishment of the Tribunal under section 54, the Intellectual Property Appellate Board established under section 83 of the Trade Marks Act, 1999 (47 of 1999) shall exercise the jurisdiction, powers and authority conferred on the Tribunal under this Act subject to the modification that in any Bench of such Intellectual Property Appellate Board constituted for the purposes of this section, for the Technical Member referred to in sub-section (2) of section 84 of the said Trade Marks Act, the Technical Member shall be appointed under this Act and he shall be deemed to be the Technical Member for constituting the Bench under the said sub-section (2) of section 84 for the purposes of this Act. Chapter IX Finance, accounts and audit ------------------------------------------- ### 60. Grants by Central Government.— The Central Government may, after due appropriation made by Parliament by law in this behalf, make to the Authority grants and loans of such sums of money as the Central Government may think fit for being utilised for the purposes of this Act. ### 61. Authority Fund.— (1) There shall be constituted a fund to be called the Protection of Plant Varieties Authority Account and there shall be credited thereto— (a) all grants and loans made to the Authority by the Central Government under section 60; (b) all fees received by the Authority and the Registrars except the annual fee determined on the basis of benefits or royalty under sub-section (1) of section 35; (c) all sums received by the Authority from such other sources as may be decided upon by the Central Government. (2) The Protection of Plant Varieties Authority Account shall be applied for meeting— (a) the salaries, allowances and other remuneration of the Chairperson, officers and other employees of the Authority and allowances, if any, payable to the members; (b) the other expenses of the Authority in connection with the discharge of its functions and for purposes of this Act. ### 62. Budget, accounts and audit.— (1) The Authority shall prepare a budget, maintain proper accounts and other relevant records (including the accounts and other relevant records of the Gene Fund) and prepare an annual statement of account in such form as may be prescribed by the Central Government in consultation with the Comptroller and Auditor-General of India. (2) The accounts of the Authority shall be audited by the Comptroller and Auditor-General of India at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the Authority to the Comptroller and Auditor-General of India. (3) The Comptroller and Auditor-General of India and any other person appointed by him in connection with the audit of the accounts of the Authority shall have the same right and privileges and authority in connection with such audit as the Comptroller and Auditor-General of India generally has in connection with the audit of the Government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the Authority. (4) The accounts of the Authority as certified by the Comptroller and Auditor-General of India or any other person appointed by him in this behalf together with the audit report thereon shall be forwarded annually to the Central Government and that Government shall cause the same to be laid before each House of Parliament. ### 63. Financial and administrative powers of Chairperson.— The Chairperson shall exercise such financial and administrative powers over the functions of the Authority as may be prescribed: Provided that the Chairperson shall have the authority to delegate such of his financial and administrative powers as he may think fit to a member or any other officer of the Authority subject to the condition that the member or such other officer shall, while exercising such delegated powers, continue to be under the direction, control and supervision of the Chairperson. Chapter X Infringement, offences, penalties and procedure -------------------------------------------------------------- ### 64. Infringement.— Subject to the provisions of this Act, a right established under this Act is infringed by a person— (a) who, not being the breeder of a variety registered under this Act or a registered agent or a registered licensee of that variety, sells, exports, imports or produces such variety without the permission of its breeder or within the scope of a registered licence or registered agency without permission of the registered licensee or registered agent, as the case may be; (b) who uses, sells, exports, imports or produces any other variety giving such variety, the denomination identical with or deceptively similar to the denomination of a variety registered under this Act in such manner as to cause confusion in the mind of general people in identifying such variety so registered. ### 65. Suit for infringement, etc.— (1) No suit— (a) for the infringement of a variety registered under this Act; or (b) relating to any right in a variety registered under this Act, shall be instituted in any court inferior to a District Court having jurisdiction to try the suit. (2) For the purposes of clauses (a) and (b) of sub-section (1), “District Court having jurisdiction” shall mean the District Court within the local limits of whose jurisdiction the cause of action arises. ### 66. Relief in suit for infringement.— (1) The relief which a court may grant in any suit for infringement referred to in section 65 includes an injunction and at the option of the plaintiff, either damages or a share of the profits. (2) The order of injunction under sub-section (1) may include an ex parte injunction or any interlocutory order for any of the following matters, namely:— (a) discovery of documents; (b) preserving of infringing variety or documents or other evidence which are related to the subject matter of the suit; (c) attachment of such property of the defendant which the court deems necessary to recover damages, costs or other pecuniary remedies which may be finally awarded to the plaintiff. ### 67. Opinion of scientific adviser.— (1) When the court has to form an opinion upon any question of fact or a scientific issue, such court may appoint an independent scientific adviser to suggest it or to inquire into and report upon the matter to enable it to form the desired opinion. (2) The scientific adviser may be paid such remuneration of expenses as the court may fix. ### 68. Prohibition to apply the denomination of a registered variety.— (1) No person other than the breeder of a variety registered under this Act or a registered licensee or a registered agent thereof shall use the denomination of that variety in the manner as may be prescribed. (2) A person shall be deemed to apply the denomination of a variety registered under this Act who— (a) applies it to the variety itself; or (b) applies it to any package in or with which the variety is sold, or exposed for sale, or had in possession such package for sale or for any purpose of trade or production; or (c) places, encloses or annexes the variety which is sold, or exposed for sale, or had in possession for sale or for any purpose of trade or production, in or with any package or other thing to which the denomination of such variety registered under this Act has been applied; or (d) uses the denomination of such variety registered under this Act in any manner reasonably likely to lead to the belief that the variety or its propagating material in connection with which it is used is designated or described by that denomination; or (e) in relation to the variety uses such denomination in any advertisement, invoice, catalogue, business letter, business paper, price list or other commercial document and such variety is delivered to a person in pursuance of a request or order made by reference to the denomination as so used. (3) A denomination shall be deemed to be applied to a variety whether it is woven in, impressed on, or otherwise worked into, or annexed or affixed to, such variety or to any package or other thing. ### 69. Meaning of falsely applying the denomination or a registered variety.— (1) A person shall be deemed to falsely apply the denomination of a variety registered under this Act who, without the assent of the breeder of such variety,— (a) applies such denomination or a deceptively similar denomination to any variety or any package containing such variety; (b) uses any package bearing a denomination which is identical with or deceptively similar to the denomination of such variety registered under this Act, for the purpose of packing, filling or wrapping therein any variety other than such variety registered under this Act. (2) Any denomination of a variety registered under this Act falsely applied as mentioned in sub-section (1), is in this Act referred to as false denomination. (3) In any prosecution for falsely applying a denomination of a variety registered under this Act the burden of proving the assent of the breeder of such variety shall lie on the accused. ### 70. Penalty for applying false denomination, etc.— (1) Any person who— (a) applies any false denomination to a variety; or (b) indicates the false name of a country or place or false name and address of the breeder of a variety registered under this Act in the course of trading such variety, shall, unless he proves that he acted, without intent to defraud, be punishable with imprisonment for a term which shall not be less than three months but which may extend to two years, or with fine which shall not be less than fifty thousand rupees but which may extend to five lakh rupees, or with both. ### 71. Penalty for selling varieties to which false denomination is applied, etc.— Any person who sells, or exposes for sale, or has in his possession for sale or for any purpose of trade or production of any variety to which any false denomination is applied or to which an indication of the country or place in which such variety was made or produced or the name and address of the breeder of such variety registered under this Act has been falsely made, shall, unless he proves— (a) that having taken all reasonable precautions against committing an offence against this section, he had at the time of commission of the alleged offence no reason to suspect the genuineness of the denomination of such variety or that any offence had been committed in respect of indication of the country or place in which such variety registered under this Act, was made or produced or the name and address of the breeder of such variety, (b) that, on demand by or on behalf of the prosecutor, he gave all the information in his possession with respect to the person from whom he obtained such variety; or (c) that otherwise he had acted innocently, be punishable with imprisonment for a term which shall not be less than six months but which may extend to two years, or with fine which shall not be less than fifty thousand rupees but which may extend to five lakh rupees, or with both. ### 72. Penalty for falsely representing a variety as registered.— Whoever makes any representation with respect to the denomination of a variety or its propagating material or essentially derived variety or its propagating material not being variety or its propagating material or essentially derived variety or its propagating material registered under this Act, to the effect that it is a variety or its propagating material or essentially derived variety or its propagating material registered under this Act or otherwise represents any variety, or its propagating material, or essentially derived variety or its propagating material not registered under this Act to the effect that it is registered under this Act shall be punishable with imprisonment for a term, which shall not be less than six months but which may extend to three years, or with fine which shall not be less than one lakh rupees but which may extend to five lakh rupees, or with both. ### 73. Penalty for subsequent offence.— Whoever, having already been convicted of an offence under this Act is again convicted of such offence shall be punishable for the second and for every subsequent offence with imprisonment for a term which shall not be less than one year but which may extend to three years, or with fine which shall not be less than two lakh rupees but which may extend to twenty lakh rupees, or both. ### 74. No offence in certain cases.— The provisions of this Act relating to offences shall be subject to the right created as recognised by this Act and no act or omission shall be deemed to be an offence under the provisions of this Act if such act or omission is permissible under this Act. ### 75. Exemption of certain persons employed in ordinary course of business.— Where a person accused of an offence under this Act proves that in the ordinary course of his employment, he has acted without any intention to commit the offence and having taken all reasonable precautions against committing the offence charged, he had, at the time of the commission of the alleged offence, no reason to suspect the genuineness of the act so charged as an offence and on demand made by or on behalf of the prosecutor, he gave all the information in his possession with respect to the persons on whose behalf the offence was committed, he shall be acquitted. ### 76. Procedure where invalidity of registration is pleaded by the accused.— (1) Where the offence charged under this Act is in relation to a variety or its propagating material or essentially derived variety or its propagating material registered under this Act and the accused pleads that the registration of such variety or its propagating material or essentially derived variety or its propagating material, as the case may be, is invalid and the court is satisfied that such offence is prima facie not tenable, it shall not proceed with the charge but shall adjourn the proceedings for three months from the date on which the plea of the accused is recorded to enable the accused to file an application before the Registrar under this Act for the rectification of the Register on the ground that the registration is invalid. (2) If the accused proves to the court that he has made such application within the time so limited or within such further time as the court for sufficient cause allow, the further proceedings in the prosecution shall stand stayed till the disposal of such application for rectification. (3) If within a period of three months or within such extended time as may be allowed by the court, the accused fails to apply the Registrar for rectification of the Register, the court shall proceed with the case as if the registration were invalid. (4) Where before institution of a complaint of an offence referred to in sub-section (1), any application for the rectification of the Register concerning the registration of the variety or its propagating material or essentially derived variety or its propagating material, as the case may be, in question on the ground of invalidity of such registration has already been properly made to and is pending before the Registrar, the court shall stay the further proceedings in the prosecution pending the disposal of the application aforesaid and shall determine the charge against the accused in conformity with the result of the application for rectification. ### 77. Offences by companies.— (1) If the person committing an offence under this act is a company, the company as well as every person incharge of, and responsible to, the company for the conduct of its business at the time of the commission of the offence shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or that the commission of the offence is attributable to any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation.— For the purposes of this section,— (a) “company” means any body corporate and includes a firm or other association of individuals; and (b) “director”, in relation to a firm, means a partner in the firm. Chapter XI Miscellaneous ----------------------------- ### 78. Protection of security of India.— Notwithstanding anything contained in this Act, the Authority or the Registrar shall— (a) not disclose any information relating to the registration of a variety or any application relating to the registration of a variety under this Act, which it considers prejudicial to the interest of the security of India; and (b) take any action regarding the cancellation of registration of such varieties registered under this Act which the Central Government may by notification in the Official Gazette specify in the interest of the security of India. Explanation.— For the purposes of this section, the expression “security of India” means any action necessary for the security of India which relates to the use of any produce of any variety registered under this Act directly or indirectly for the purposes of war or military establishment or for the purposes of war or other emergency in international relations. ### 79. Implied warranty on sale of registered variety, etc.— Where a denomination of a variety or its propagating material or essentially derived variety or its propagating material registered under this Act has been applied to the variety or its propagating material or essentially derived variety or its propagating material, as the case may be, on sale or in the contract for sale of such variety or its propagating material or essentially derived variety or its propagating material, as the case may be, the seller shall be deemed to warrant that the denomination is a genuine denomination and not falsely applied, unless the contrary is expressed in writing signed by or on behalf of the seller and delivered at the time of the sale of the variety or its propagating material or essentially derived variety or its propagating material, as the case may be, on contract to and accepted by the buyer. ### 80. Death of party to a proceeding.— If a person who is a party to a proceeding under this Act (not being a proceeding in a court) dies pending the proceeding, the Authority or the Registrar, as the case may be, may, on request, and on proof to the satisfaction of such Authority or Registrar, of the transmission of the interest of the deceased person, substitute in the proceedings his successor in interest in his place, or, if the Authority or the Registrar is of opinion that the interest of the deceased person is sufficiently represented by the surviving party, permit the proceedings to continue without the substitution of his successor in interest. ### 81. Right of registered agent and the registered licensee to institute suit.— The registered agent or the registered licensee of a variety or its propagating material or essentially derived variety or its propagating material registered under this Act may institute appropriate proceedings in the court under this Act on behalf of the breeder of such variety or its propagating material or essentially derived variety or its propagating material, as the case may be, if such agent or licensee has been authorised in the prescribed manner by such breeder for doing so. ### 82. Evidence of entry in register, etc., and things done by the Authority and the Registrar.— (1) A copy of any entry in the register, or of any document issued under this Act purporting to be certified by the Authority or the Registrar and sealed with the seal of such Authority or Registrar, as the case may be, shall be admitted in evidence in all courts and in all proceedings without further proof or production of the original. (2) A certificate purporting to be under the hand of the Authority or the Registrar, as the case may be, as to any entry, matter or things that such Authority or Registrar is authorised by this Act or the rules to make or do shall be prima facie evidence of the entry having been made, and of the content thereof, or of the matter or things having been done or not done. ### 83. Authority, Registrar and other officers not compellable to production of Register, etc.— The Authority or the Registrar or any officer working under the Authority or the Registrar, as the case may be, shall not, in any legal proceedings, be compelled to produce the Register or any other document in its or his custody, the content of which can be proved by the production of a certified copy issued under this Act in the prescribed manner or to appear as a witness to prove the matters therein recorded unless by order of the court, as the case may be, made for special cause. ### 84. Document open to public inspection.— Any person may, on an application to the Authority or the Registrar, as the case may be, and on payment of such fees as may be prescribed, obtain a certified copy of any entry in the Register or any other document in any proceedings under this Act pending before such Authority or Registrar or may inspect such entry or document. ### 85. Report of the Authority to be placed before Parliament.— The Central Government shall cause to be placed before both Houses of Parliament once a year a report regarding the performance of the Authority under this Act. ### 86. Government to be bound.— The provisions of this Act shall be binding on the Government. ### 87. Proceedings before Authority or Registrar.— All proceedings before the Authority or the Registrar, as the case may be, relating to registration of variety or essentially derived variety, registration of agent, registration of licence or registration of compulsory licensing under this Act shall be deemed to be judicial proceedings within the meaning of sections 193 and 228 and for the purpose of section 196 of the Indian Penal Code (45 of 1860) and the Authority or the Registrar, as the case may be, shall be deemed to be a civil court for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974). ### 88. Protection of action taken in good faith.— No suit, prosecution or other legal proceeding shall lie against the Central Government, or against the Chairperson, or members, or the Registrar or any person acting under such Government, Authority or Registrar under the provisions of this Act, for anything which is in good faith done or intended to be done in pursuance of this Act or any rule, regulation, scheme or order made thereunder. ### 89. Bar of jurisdiction.— No civil court shall have jurisdiction in respect of any matter which the Authority or the Registrar or the Tribunal is empowered by or under this Act to determine. ### 90. Member and Staff of Authority, etc., to be public servants.— The Chairperson, members, officers and other employees of the Authority and the Registrar-General and the officers and other employees working under him shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860). ### 91. Exemption from tax on wealth and income.— Notwithstanding anything contained in the Wealth-tax Act, 1957 (27 of 1957), the Income-tax Act, 1961 (43 of 1961), or any other enactment for the time being in force relating to tax on wealth, income, profits or gains, the Authority shall not be liable to pay wealth-tax, income-tax or any other tax in respect of their wealth, income, profits or gains derived. ### 92. 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 in any instrument having effect by virtue of any law other than this Act. ### 93. Power of Central Government to give directions.— The Central Government may give directions to the Authority as it may think necessary in the public interest for the execution of all or any of the functions of the Authority under any provisions of this Act or rules and regulations made thereunder. ### 94. 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 may appear to be necessary for removing the difficulty: Provided that no order shall be made under this section after the expiry of two years from the date of commencement of this Act. (2) Every order made under sub-section (1) shall be laid before each House of Parliament. ### 95. Power to make regulations.— (1) The Authority may, with the previous approval of the Central Government, by notification in the Official Gazette, make regulations consistent with this Act and the rules made thereunder to carry out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matter namely:— (a) duties and jurisdiction of the Registrars under sub-section (4) of section 12; (b) the term of office and the conditions of service of the Registrars under sub-section (5) of section 12; (c) the criteria of distinctiveness, uniformity and stability for registration of extant variety under sub-section (2) of section 15; (d) the manner in which a single and distinct denomination to a variety shall be assigned by the applicant under sub-section (1) of section 17; (e) the matters governing the assignment of denomination to a variety under sub-section (2) of section 17; (f) the time within which the Registrar may require the applicant to propose another denomination under sub-section (3) of section 17; (g) the form of application under clause (d) of sub-section (1) of section 18; (h) the standards for evaluating seeds during tests under sub-section (1) of section 19; (i) the quantity of seeds or other propagating material including parental line seeds to be deposited by a breeder to be specified under sub-section (1) of section 27; (j) the limitations and conditions subject to which a breeder may authorise a person to produce, sell, market or otherwise deal with varieties under sub-section (2) of section 28; (k) the form for authorisation under sub-section (3) of section 28; ### 96. Power of Central Government to make rules.— (1) The Central Government may, by notification in the Official Gazette, make rules to carry out the provisions of this Act. (2) In particulars, and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:— (i) the term of office of the Chairperson and the manner of filling the post under sub-section (6) of section 3; (ii) the salary and allowances of the Chairperson and his conditions of service in respect of leave, pension, provident fund and other matters under and the allowances for non-official members for attending the meeting under sub-section (8) of section 3; (iii) the time and place of meetings of the Authority and the rules of procedure in regard to the transaction of business at its meetings including the quorum at its meetings and the transaction of business of its Standing Committee appointed under sub-section (7) of section 3 under sub-section (1) of section 4; (iv) the control and restriction regarding appointment of the officers and other employees of the Authority and the method of such appointment, salary and allowances and other conditions of service under section 6; (v) the powers and duties of the Chairperson under section 7; (vi) the terms and conditions subject to which and the manner in which the measures referred to in sub-section (1) of section 8 may provide for the registration of new extant varieties under clause (a) of sub-section (2) of that section; (vii) the manner for arranging production and sale of the seeds under clause (e) of sub-section (2) of section 8; (viii) the orders by the Authority or the Registrar as to costs under clause (b) of section 11; (ix) the salary and allowances of Registrar-General of Plant Varieties and the conditions of service in respect of his leave, pension, provident fund and other matters under sub-section (3) of section 12; (x) the matters to be included in the National Register of Plant Varieties under sub-section (1) of section 13; (xi) the manner of authorising a person under clause (e) of sub-section (1) of section 16; (xii) the fee under clause (g) and the other particulars under clause (i) which shall accompany the application under sub-section (1) of section 18; (xiii) the form of application under the proviso to sub-section (1) of section 18; (xiv) the period within which after making application a proof of the right to make the application is to be furnished under sub-section (3) of section 18; (xv) the fee to be deposited by the applicant under sub-section (2) of section 19; (xvi) the manner and method of conducting the tests under sub-section (3) of section 19; (xvii) the manner of advertising application, conditions or limitations and specifications of variety for registration including its photograph or drawings under sub-section (1) of section 21; (xviii) the manner of giving notice and the fee payable therefor under sub-section (2) of section 21; (xix) the manner of sending counter-statement under sub-section (4) of section 21; (xx) the manner of submitting evidence and the time within which such evidence may be submitted under sub-section (6) of section 21; (xxi) the documents and fees under sub-section (1) and the tests to be conducted and the procedure to be followed under sub-section (3) of section 23; (xxii) the form of a certificate of registration and the other authority to which a copy thereto shall be sent under sub-section (8) of section 23; (xxiii) the form of a certificate of registration and the other authority to which a copy thereof and the maximum time for issuing the certificate of registration under sub-section (2) of section 24; (xxiv) the manner of giving notice to the applicant under sub-section (3) of section 24; (xxv) the fee for review and renewal under sub-section (6) of section 24; (xxvi) the contents of the certificate and the manner of publishing such contents and inviting claim of benefits sharing under sub-section (1) of section 26; (xxvii) the form for submitting claims of benefit sharing and the fees to be accompanied therewith under sub-section (2) of section 26; (xxviii) the manner in which and the time within which opposition to claims shall be submitted under sub-section (3) of section 26; (xxix) the manner of making reference under sub-section (7) of section 26; (xxx) the manner of making an application for registration for title and the fees to be accompanied therewith under sub-section (4) of section 28; (xxxi) the manner of referring the disputes regarding registration of entitlement under the proviso to sub-section (4) of section 28; (xxxii) the manner to enter into a certificate the brief conditions of entitlement under sub-section (5) of section 28; (xxxiii) the manner of making an application for varying the terms of registration under clause (a) of sub-section (9) of section 28; (xxxiv) the manner of making an application by the registered breeder and certain other for cancellation of terms of registration under clause (b) of sub-section (9) of section 28; (xxxv) the manner of application by any person other than the breeder, his successor, the registered agent or the registered licensee for cancellation of terms of registration under clause (c) of sub-section (9) of section 28; (xxxvi) the manner of application for cancellation of the terms of registration under clause (d) of sub-section (9) of section 28; (xxxvii) the manner of application for cancellation of the terms of registration under clause (e) of sub-section (9) of section 28; (xxxviii) the manner of issuing notice to the registered breeder of a variety or his successor or to each registered agent or registered licensee (not being the applicant) under sub-section (10) of section 28; (xxxix) the manner of giving notice to the Registrar under sub-section (1) of section 33; (xl) the manner of notifying to the registered agent or registered licensee under sub-section (2) of section 33; (xli) the period within which the notice of opposition under sub-section (3) of section 33 may be given; (xlii) the manner of making application under section 34; (xliii) the manner of depositing fee payable under sub-section (2) of section 35; (xliv) the manner of making application under sub-section (1) of section 36; (xlv) the manner of applying to the Registrar under sub-section (2) of section 36; (xlvi) the manner of giving notice under sub-section (4) of section 36; (xlvii) the manner of application under sub-section (1) of section 37; (xlviii) the manner of making application under sub-section (2) of section 37; (xlix) the manner to apply to the Registrar under sub-section (1) of section 38; (l) the manner of advertising application and to give notice to the Registrar, and the time from the date of advertisement within which a person may give such notice under sub-section (2) of section 38; (li) the manner of advertising the denomination of the variety under sub-section (3) of section 38; (lii) the manner of recognition and reward from Gene Fund under clause (iii) of sub-section (1) of section 39; (liii) the manner of claiming compensation and filing of opposition under sub-section (2) of section 39; (liv) the manner of issuing notice and filing objection under sub-section (3) of section 41; (lv) the manner of receiving benefit sharing under clause (a) of sub-section (1) of section 45; (lvi) the manner of applying Gene Fund under sub-section (2) of section 45; (lvii) the particulars to be contained in the application under sub-section (2) of section 47; (lviii) the authority and the manner in which such authority shall make available to the compulsory licensee the reproduction material of the variety under section 50; (lix) the form for making application under sub-section (1) of section 52; (lx) the period within which an appeal shall be preferred under sub-section (1) of section 56; (lxi) the form of petition and the particulars which such petition shall contain under sub-section (2) of section 56; (lxii) the form for preparing annual statement of accounts under sub-section (1) of section 62; (lxiii) the financial and administrative powers which the Chairperson shall exercise under section 63; (lxiv) the manner of using the denomination of a variety under sub-section (1) of section 68; (lxv) the manner of authorising registered agent or registered licensee under section 81; (lxvi) the manner of issuing certified copy of content of Register or any other document under section 83; (lxvii) the fee payable for obtaining a certified copy of, or to inspect, any entry in the Register or any other document under section 84; (lxviii) any other matter which is to be, or may be, prescribed or in respect of which this Act makes no provision or makes insufficient provision and provision is, in the opinion of the Central Government, necessary for the proper implementation of this Act. ### 97. Rules, regulations and schemes to be laid before Parliament.— Every rule and every regulation and every scheme made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive session, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation or scheme or both Houses agree that the rule or regulation or scheme should not be made, the rule or regulation or scheme shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation or scheme.
65ba4348ab84c7eca86eadcb	acts	Greater Bengaluru City Corporation - Act ------------------------------------------ The Bangalore Marriages Validating Act, 1936 ---------------------------------------------- BENGALURU India The Bangalore Marriages Validating Act, 1936 ============================================== Act 16 of 1936 ---------------- * Published on 1 January 1936 * Commenced on 1 January 1936 Central Government Act The Bangalore Marriages Validating Act, 1936 THE BANGALORE MARRIAGES VALIDATING ACT, 1936 ACT NO. 16 OF 1936. [ 27th October, 1936.] An Act to validate certain marriages solemnized in the Civil and Military Station of Bangalore. WHEREAS Mr. Walter James McDonald Redwood, a Missionary of the Plymouth Brethren, was, in the year 1929, granted by the Resident in Mysore a licence, under the Indian Christian Marriage Act, 1872 (XV of ### 1872. ), as applied to the Civil and Military Station of Bangalore to solemnize marriages within the territories included in the Civil and Military Station of Bangalore between persons one of whom was a Native Christian subject of Mysore, and neither of whom was a Christian subject of His Majesty; AND WHEREAS the said Walter James McDonald Redwood has, in the belief that he was authorised so to do, solemnized certain marriagaes in the Civil and Military Station of Bangalore between certain Christian subjects of His Majesty; AND WHEREAS the parties to the said marriages all believed that the said Walter James McDonald Redwood was duly authorised to solemnize the same, and that such marriages were valid in law; AND WHEREAS the said parties being Christian subjects of His Majesty, the said Walter James McDonald Redwood had not the requisite authority under the licence held by him to solemnize the said marriages; AND WHEREAS it is expedient that the said marriages, having been solemnized in good faith, should be validated; It is hereby enacted as follows:- ### 1. Short title.- This Act may be called the Bangalore Marriages Validating Act, 1936 . ### 2. Validation of certain irregular marriages.- All marriages between Christian subjects of His Majesty which have already been solemnized in the Civil and Military Station of Bangalore by Mr. Walter James McDonald Redwood, a Missionary of the Plymouth Bre hren, shall be, and shall be deemed to have been with effect from the date of solemnization of each respectively, as good and valid in law as if such marriages had been solemnized under a licence authorizing solemnization of marriages between Christian s bjects of His Majesty in the Civil and Military Station of Bangalore. ### 3. Validation of records of irregular marriages.- Certificates of marriages which are declared by section 2 to be good and valid in law, and register- books and certified copies of true and duly authenticated extracts therefrom, deposited in compliance wit the provisions of the Indian Christian Marriage Act, 1872 (XV of 1872 ), in so far as the register- books and extracts relate to such marriages as aforesaid, shall be received as evidence of such marriages as if such marriages had been duly solemnized und r Part I of the said Act.
65ba8202ab84c7eca86ebcac	acts	Union of India - Act ---------------------- The Hazardous Wastes (Management And Handling) Rules, 1989 ------------------------------------------------------------ UNION OF INDIA India The Hazardous Wastes (Management And Handling) Rules, 1989 ============================================================ Rule THE-HAZARDOUS-WASTES-MANAGEMENT-AND-HANDLING-RULES-1989 of 1989 ---------------------------------------------------------------------- * Published on 28 July 1989 * Commenced on 28 July 1989 The Hazardous Wastes (Management And Handling) Rules, 1989 Published vide S.O. 594(E) , dated 28.7.1989, published in the Gazette iof India, Ext., Pt. II, Section 3(ii), dated 28.7.1989. ### 10. /529 In exercise of the powers conferred by sections 6, 8 and 25 of the Environment (Protection) Act, 1986 ( 29 of 1986 ), the Central Government hereby makes the following rules, namely:- ### 1. Short title and commencement .-(1) These rules may be called The Hazardous Wastes (Management and Handling) Rules, 1989. (2) They shall come into force on the date of their publication in the Official Gazette. ### 2. Application .-These rules shall apply to [the handling of] hazardous wastes as specified in the [Schedules] [ Substituted by S.O. 24(E) , dated 6.1.2000 (w.e.f. 6.1.2000).] and shall not apply to- (a) waste-water and exhaust gases as covered under the provisions of the Water (Prevention and Control of Pollution) Act, 1974 ( 6 of 1974 ) and the Air (Prevention and Control of Pollution) Act, 1981 ( 14 of 1981 ) and rules made thereunder; (b) wastes arising out of the operation from ships beyond five kilometres as covered under the provisions of the Merchant Shipping Act, 1958 ( 44 of 1958 ) and the rules made thereunder; (c) radio-active wastes as covered under the provisions of the Atomic Energy Act, 1962 ( 33 of 1962 ) and rules made thereunder; (d) [ bio-medical wastes covered under the Bio-Medical Wastes (Management and Handling) Rules, 1998 made under the Act; [ Inserted by S.O. 593(E) , dated 20.5.2003 (w.e.f. 23.5.2003).] (e) wastes covered under the Municipal Solid Wastes (Management and Handling) Rules, 2000 made under the Act; and (f) the lead acid batteries covered under the Batteries (Management and Handling) Rules, 2001 made under the Act.] 3. Definitions .-In these rules, unless the context otherwise requires,- [(1) "Act" means the Environment (Protection) Act, 1986 ( 29 of 1986 ); (2) "applicant" means a person or an organisation that applies, in Form I, for granting of authorisation to perform specific activities connected with handling of hazardous wastes; (3) "auction" means bulk sale of wastes by invitation of tenders or auction, contract or negotiation by individual(s), companies or Government departments; (4) "auctioneer" means a person or an organisation that auctions wastes; (5) "authorisation" means permission for collection, transport, treatment, reception, storage and disposal of hazardous wastes, granted by the competent authority in Form 2; (6) "authorised person" means a person or an organisation authorised by the competent authority; (7) "Central Pollution Control Board" means the Central Board constituted under sub-section (1) of section 3 of the Water (Prevention and Control of Pollution) Act, 1974 ( 6 of 1974 ); (8) "disposal" means deposit, treatment, recycling and recovery of any hazardous wastes; (9) "export" with its grammatical variations and cognate expressions, means taking out of India to a place outside India; (10) "exporter" means any person under the jurisdiction of the exporting country which exports hazardous wastes and the exporting country itself, who exports hazardous wastes; (11) "environmentally sound management of hazardous wastes" means taking all steps required to ensure that the hazardous wastes are managed in a manner which will protect health and the environment against the adverse effects which may result from such wastes; (12) "facility" means any location wherein the processes incidental to the waste generation, collection, reception, treatment, storage and disposal are carried out; (13) "Form" means a Form appended to these rules; (14) "hazardous waste" means any waste which by reason of any of its physical, chemical, reactive, toxic, flammable, explosive or corrosive characteristics causes danger or is likely to cause danger to health or environment, whether alone or when in contact with other wastes or substances, and shall include- (a) wastes listed in column (3) of Schedule 1; (b) wastes having constituents listed in Schedule 2 if their concentration is equal to or more than the limit indicated in the said Schedule; and (c) wastes listed in Lists "A" and "B" of Schedule 3 (Part A) applicable only in case(s) of import or export of hazardous wastes in accordance with rules 12, 13 and 14 if they possess any of the hazardous characteristics listed in Part B of Schedule 3. Explanation .-For the purposes of this clause,- (i) all wastes mentioned in column (3) of Schedule 1 are hazardous wastes irrespective of concentration limits given in Schedule 2 except as otherwise indicated and Schedule 2 shall be applicable only for wastes or waste constituents not covered under column (3) of Schedule 1; (ii) Schedule 3 shall be applicable only in case(s) of import or export; (15) "hazardous wastes site" means a place for collection, reception, treatment, storage and disposal of hazardous wastes which has been duly approved by the competent authority; (16) "illegal traffic" means any transboundary movement of hazardous wastes as specified in rule 15; (17) "import" with its grammatical variations and cognate expressions, means bringing into India from a place outside India; (18) "importer" means an occupier or any person who imports hazardous wastes; (19) "manifest" means transporting document(s) prepared and signed by the occupier in accordance with rule 7; (20) "non-ferrous metal wastes" means wastes listed in Schedule 4; (21) "operator of facility" means a person who owns or operates a facility for collection, reception, treatment, storage and disposal of hazardous wastes; (22) "recycler" means an occupier who procures and processes wastes for recovery; (23) "recycling of waste oil" means reclamation by way of treatment to separate solids and water from waste oils using methods such as heating, filtering gravity settling, centrifuging, dehydration, viscosity and specific gravity adjustment; (24) "registered re-refiner or recycler" means a re-refiner or recycler registered for reprocessing wastes with the Ministry of Environment and Forests or the Central Pollution Control Board, as the case may be, for reprocessing wastes; (25) "re-refining of used oil" means applying a process to the material composed of used oil so as to produce high quality base stock for further manufacture of lubricants or for other petroleum products by blending or any other process; (26) "Schedule" means a Schedule appended to these rules; (27) "State Government" means a State Government and in relation to a Union territory, the Administrator thereof appointed under article 239 of the Constitution; (28) "State Pollution Control Board or Committee" means the Board or Committee constituted under sub-section (1) of section 4 of the Water (Prevention and Control of Pollution) Act, 1974 ( 6 of 1974 ); (29) "storage" means storing hazardous wastes for a temporary period, at the end of which the hazardous wastes is treated and disposed off; (30) "transboundary movement" means any movement of hazardous waste or other wastes from an area under the national jurisdiction of one country to or through an area under the national jurisdiction of another country or to or through an area not under the national jurisdiction of any country, provided at least two countries are involved in the movement; (31) "transport" means off-site movement of hazardous waste by air, rail, road or water; (32) "transporter" means a person engaged in the off-site transportation of hazardous waste by air, rail, road or water; (33) "treatment" means a method, technique or process, designed to change the physical, chemical or biological characteristics or composition of any hazardous waste so as to render such wastes harmless; (34) "used oil" means any oil- (i) derived from crude oil or mixtures containing synthetic oil including used engine oil, gear oil, hydraulic oil, turbine oil, compressor oil, industrial gear oil, heat transfer oil, transformer oil, spent oil and their tank bottom sludges; and (ii) suitable for re-refining if it meets the specifications laid down in Schedule 5, but does not include waste oil; (35) "waste oil" means any oil- (i) which includes spills of crude oil, emulsions, tank bottom sludge and slop oil generated from petroleum refineries, installations or ships; and (ii) is unsuitable for re-refining, but can be used as fuel in furnaces if it meets the specifications laid down in Schedule 6; (36) words and expressions used in these rules and not defined but defined in the Act shall have the meanings respectively assigned to them in the Act.] ### 4. [ Responsibility of the occupier and operator of a facility for handling of the wastes .- (1) The occupier and the operator of a facility shall be responsible for proper collection, reception, treatment, storage and disposal of hazardous wastes listed in Schedules 1, 2 and 3.] (2) The occupier or any other person acting on his behalf who intends to get his hazardous wastes treated by the operator of a facility under sub-rule (1), shall give, to the operator of a facility, such information as may be specified by the [State Pollution Control Board or Committee] [ Substituted by S.O. 625(E) , dated 3.9.1996 (w.e.f. 3.9.1996).] . \| \| \| --- \| \| Additional Information6 \| \| \| \| --- \| \| " Committee" means Committee notified under the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981 in respect of Union territories, vide Rule 2 of the Hazardous Wastes (Management and Handling) Amendment Rules, 1996. [See S.O. 625(E) , dated 3.9.1996]. \| (3) [ It shall be the responsibility of the occupier and the operator of a facility, to take all steps to ensure that the wastes listed in Schedules 1, 2 and 3 are properly handled, and disposed of without any adverse effects to the environment.] [ Inserted by S.O. 24(E) , dated 6.1.2000 (w.e.f. 6.1.2000).] 4-A. Duties of the occupier and operator of a facility .-It shall be the duty of the occupier and the operator of a facility to take adequate steps while handling hazardous waste to,- [(i) contain contaminants and prevent accidents and limit their consequences on human and the environment; and (ii) provide persons working on the site with information, training and equipment necessary to ensure their safety. ### 4. -B. Duties of the authority .-Subject to the provisions of these rules, the authority shall also perform duties as specified in column 3 of [Schedule 7].] ### 5. Grant of authorisation for handling hazardous wastes .-(1) Hazardous wastes shall be collected, treated, stored and disposed of only in such facilities as may be authorised for this purpose. (2) Every occupier handling, or a recycler recycling, hazardous wastes shall make an application in Form 1 to the Member-Secretary, State Pollution Control Board or Committee, as the case may be or any officer designated by the State Pollution Control Board or Committee for the grant of authorisation for any of the said activities: Provided that an occupier or a recycler not having a hazardous wastes treatment and disposal facility of his own and is operating in an area under the jurisdiction assigned by the State Pollution Control Board or Committee, as the case may be, for a common Treatment, Storage and Disposal Facility (TSDF) shall become a member of this facility and send his waste to this facility to ensure proper treatment and disposal of hazardous wastes generated failing which the authorisation granted to the said occupier or recycler in accordance with this sub-rule may be cancelled after giving a reasonable opportunity to such occupier or recycler, as the case may be, of being heard or shall not to be granted by the State Pollution Control Board or Committee, as the case may be. (3) [ Any person who intends to be an operator of a facility for the collection, reception, treatment, transport, storage and disposal of hazardous wastes, shall make an application in Form 1 to the Member-Secretary, State Pollution Control Board or Committee for the grant of authorisation for all or any of the above activities specified in this rule.] (4) The [Member-Secretary, [State Pollution Control Board or any officer designated by the Board] [Inserted by S.O. 24(E) , dated 6.1.2000 (w.e.f. 6.1.2000). ] [or Committee] [Inserted by S.O. 24(E) , dated 6.1.2000 (w.e.f. 6.1.2000). ] shall not issue an authorisation unless it is satisfied that the operator of a facility or an occupier, as the case may be, possesses appropriate facilities, technical capabilities and equipment to handle hazardous wastes safely. [(4-A) The authorisation application complete in all respects shall be processed by the State Pollution Control Boards within ninety days of the receipt of such application.] [ Substituted by S.O. 24(E) , dated 6.1.2000 (w.e.f. 6.1.2000).] (5) The authorisation to operate a facility shall be issued in Form 2 and shall be subject to conditions laid down therein. (6) [(i) An authorisation granted under this rule shall, unless suspended or cancelled, be in force during the period of its validity as specified by the State Pollution Control Board or Committee from the date of issue or from the date of renewal, as the case may be.] [ Substituted by S.O. 593(E) , dated 20.5.2003 (w.e.f. 23.5.2003).] (ii) An application for the renewal of an authorisation shall be made in Form 1, before its expiry. (iii) The authorisation shall continue to be in force until it is renewed or revoked. (7) The [Member-Secretary, [State Pollution Control Board or any officer designated by the Board] [Substituted by S.O. 24(E) , dated 6.1.2000 (w.e.f. 6.1.2000). ] [or Committee] [Substituted by S.O. 24(E) , dated 6.1.2000 (w.e.f. 6.1.2000). ] may, after giving reasonable opportunity of being heard to the applicant, refuse to grant any authorisation. (8) [ The Member-Secretary, State Pollution Control Board or any officer designated by the Board shall renew the authorisation granted under sub-rule (6), after examining each case on merit, subject to the following,-] [Inserted by S.O. 24(E) , dated 6.1.2000 (w.e.f. 6.1.2000). ] (i) on submission of annual returns by the occupier or operator of facility in Form 4; (ii) [ on steps taken, by the applicant wherever feasible, for reduction and prevention in the waste generated or for recycling or reuse;] [ Substituted by S.O. 593(E) , dated 20.5.2003 (w.e.f. 23.5.2003).] (iii) on fulfilment of conditions prescribed in the authorisation regarding management in an environmentally sound manner of wastes; and [\* \* \] [ Clause (iv) omitted by S.O. 593(E), dated 20.5.2003 (w.e.f. 23.5.2003).] (9) [ Every State Pollution Control Board or Committee shall maintain a register containing particulars of the conditions imposed under these rules for any disposal of hazardous wastes, on any land or premises and it shall be open for inspection during office hours to any person interested or affected or a person authorised by him in this behalf. The entries in the register shall be considered as proof of grant of authorisation for management and handling of hazardous wastes on such land or premises and the conditions subject to which it was granted.] [ Inserted by S.O. 593(E) , dated 20.5.2003 (w.e.f. 23.5.2003).] ### 6. Power to suspend or cancel an authorisation .-(1) The [State Pollution Control Board or Committee] may cancel an authorisation issued under these rules or suspend it for such period as it thinks fit, if in its opinion, the authorised person has failed to comply with any of the conditions of the authorisation or with any provisions of the Act or these rules, after giving the authorised person an opportunity to show cause and after recording reasons therefor. (2) Upon suspension or cancellation of the authorisation and during the pendency of an appeal under rule 12, the [State Pollution Control Board or Committee] [ Substituted by S.O. 625(E) , dated 3.9.1996 (w.e.f. 3.9.1996).] may give directions to the persons whose authorisation has been suspended or cancelled for the safe storage of the hazardous wastes, and such person shall comply with such directions. ### 7. Packaging, labelling and transport of hazardous wastes .- (1) The occupier or operator of a facility shall ensure that the hazardous wastes are packaged, based on the composition in a manner suitable for handling, storage and transport and the labelling and packaging shall be easily visible and be able to withstand physical conditions and climatic factors. [(2) Packaging, labelling and transport of hazardous wastes shall be in accordance with the provisions of the rules made by the Central Government under the Motor Vehicles Act, 1988 ( 59 of 1988 ) and other guidelines issued from time to time.] (3) [ All hazardous waste containers shall be provided with a general label as given in Form 8.] [ Inserted by S.O. 24(E) , dated 6.1.2000 (w.e.f. 6.1.2000).] (4) The occupier shall prepare six copies of the manifest in Form 9 comprising of colour code indicated below (all six copies to be signed by the transporter): \| \| \| \| --- \| --- \| \| Copy number with colour code \| Purpose \| \| Copy 1 (white) \| to be forwarded by the occupier to the State Pollution Control Board or Committee. \| \| Copy 2 (yellow) \| to be retained by the occupier after taking signature on it from the transporter and rest of the four copies to be carried by the transporter. \| \| Copy 4 (Orange) \| to be returned to the transporter by the operator of the facility after accepting waste. \| \| Copy 5 (green) \| to be returned by the operator of the facility to State Pollution Control Board/Committee after treatment and disposal of wastes. \| \| Copy 6 (blue) \| to be returned by the operator of the facility to the occupier after treatment and disposal of wastes. \| [(5) The occupier shall forward copy number 1 (white) to the State Pollution Control Board or Committee and in case the hazardous waste is likely to be transported through any transit State, the occupier shall prepare an additional copy each for such State and forward the same to the concerned State Pollution Control Board or Committee before he hands over the hazardous waste to the transporter. No transporter shall accept hazardous wastes from an occupier for transport unless it is accompanied by copy numbers 2 to 5 of the manifest. The transporter shall return copy number 2 (yellow) of the manifest signed with date to the occupier as token of receipt of the other four copies of the manifest and retain the remaining four copies to be carried and handed over to respective agencies as specified in sub-rule (4). (6) In case of transport of hazardous wastes to a facility for treatment, storage and disposal existing in a State other than the State where hazardous wastes are generated, the occupier shall obtain "No Objection Certificate" from the State Pollution Control Board or Committee of the concerned State or Union Territory Administration where the facility is existing.] [ Substituted by S.O. 593(E) , dated 20.5.2003 (w.e.f. 23.5.2003). Earlier these sub-rules (4), (5) and (6) was inserted by S.O. 24(E), dated 6.1.2000 (w.e.f. 6.1.2000).] (7) [ The occupier shall provide the transporter with relevant information in Form 10, regarding the hazardous nature of the wastes and measures to be taken in case of an emergency.] [ Inserted by S.O. 24(E) , dated 6.1.2000 (w.e.f. 6.1.2000).] ### 8. Disposal sites .-(1) The occupier or any operator of a facility or any association of occupiers shall be jointly and severally responsible for identifying sites for establishing the facility for treatment, storage and disposal of hazardous wastes. [(2) The State Government, operator of a facility or any association of occupiers shall jointly and severally be responsible for, and identify sites for common facility for treatment, storage and disposal of hazardous wastes in the State. (3) The operator of a facility, occupier or any association of occupiers shall undertake an environment impact assessment (EIA) of the selected site(s) and shall submit the EIA report to the State Pollution Control Board or Committee. (4) The State Pollution Control Board or Committee shall on being satisfied with the EIA report, cause a public notice for conducting a public hearing as per the procedure contained in the Environment Impact Assessment Notification, 1994 published vide S.O. 60(E), dated 27th January, 1994 as amended from time to time. (5) The State Pollution Control Board or Committee shall forward to the State Government or Union Territory Administration, as the case may be the project report including EIA report and details of public hearing alongwith its recommendations within a period of 30 days from the last date of public hearing. (6) The State Government shall complete the assessment within a period of thirty days from the date of receipt of the documents mentioned in sub-rule (5) and convey the decision of its approval of site(s) or otherwise within 30 days thereafter to the concerned operator of the facility, occupier or any association of occupiers. (7) After approval of the site or sites, the State Government shall acquire the site(s) or inform the occupier or any operator of facility, or any association of occupiers to acquire the site(s) for setting up the facility for treatment, storage and disposal of hazardous wastes. The State Government shall simultaneously notify such site(s). The State Government shall also compile and publish periodically and inventory of such hazardous wastes disposal sites and facilities. (8) Setting up of an on-site facility for treatment, storage and disposal of hazardous wastes for captive use shall be governed by the authorisation procedure laid down in rule 5.] [8-A. Design and setting up of disposal facility .-(1) The occupier, any association or operator of a facility, as the case may be, shall design and set up disposal facility as per the guidelines issued by the Central Government or the State Government, as the case may be. (2) The occupier, any association or operator, shall before setting up a disposal facility get the design and the layout of the facility approved by the State Pollution Control Board. (3) The State Pollution Control Board shall monitor the setting up and operation of a facility regularly. ### 8. -B. Operation and closure of landfill site .-(1) The occupier or the operator as the case may be, shall be responsible for safe and environmentally sound operation of the facility as per design approved under rule 8-A by the State Pollution Control Board; (2) The occupier or the operator shall ensure that the closure of the landfill is as per the design approved under rule 8-A by the State Pollution Control Board.] ### 9. Records and returns .-(1) The occupier generating hazardous waste and operator of a facility for collection, reception, treatment, transport, storage and disposal of hazardous waste shall maintain records of such operations in Form 3. (2) The occupier and operator of a facility shall send annual returns to the [State Pollution Control Board or Committee] in Form 4. (3) [ The State Pollution Control Board or Committee shall prepare an inventory of hazardous wastes as nearly as possible to Form 4 within its jurisdiction and compile other related information like treatment and disposal of hazardous wastes based on the returns filed by respective occupier and operator of facility as per sub-rule (2).] [ Inserted by S.O. 593(E) , dated 20.5.2003 (w.e.f. 23.5.2003). ] ### 10. Accident reporting and follow-up .-Where an accident occurs at the facility or on a hazardous waste site or during transportation of hazardous wastes, the occupier or operator of a facility shall report immediately to the [State Pollution Control Board or Committee] about the accident in Form 5. ### 11. [ Import and export of hazardous wastes for dumping and disposal .-Import of hazardous wastes from any country to India and export of hazardous wastes from India to any country for dumping or disposal shall not be permitted.] ### 12. Import and export of hazardous wastes for recycling and reuse .-(1) Save as otherwise provided, no person shall import or export hazardous wastes or substances containing or contaminated with such hazardous wastes as specified in Schedule 8. [(2) The Ministry of Environment and Forests shall be the nodal Ministry to deal with the trans-boundary movement of hazardous wastes and to grant permission of transit of hazardous wastes through any part of India. (3) Import and export of hazardous wastes shall be permitted as raw material for recycling or reuse. (4) The authorities mentioned in column 2 of Schedule 7 shall be responsible for regulation of export and import of hazardous wastes. (5) Any occupier importing or exporting hazardous wastes shall provide detailed information in Form 7-A to the Customs authorities. (6) Any occupier importing or exporting hazardous wastes shall comply with the articles of the Basel Convention to which the Central Government is a signatory. (7) In case of any dispute as to the grant of permission to import or export of hazardous wastes, the matter shall be referred to the Central Government for a decision.] ### 13. [ Import of hazardous waste .- [(1) Every occupier seeking to import hazardous wastes shall apply to the State Pollution Control Board or Committee at least 120 days in advance of the intended date of commencement of the shipment in Form 6.] (2) The State Pollution Control Board shall examine the application received from the occupier within thirty days and forward the application with recommendation and requisite stipulations for safe transport, storage and processing, to the Ministry of Environment and Forests. [(3) The Ministry of Environment and Forests, Government of India will examine the application received from the State Pollution Control Board and after satisfying itself will grant permission for imports subject to the following:- (a) environmentally friendly/appropriate technology used for re-processing; (b) the capability of the importer to handle and reprocess hazardous wastes in an environmentally sound manner; (c) presence of adequate facility for treatment and disposal of wastes generated; and (d) approvals, no objection certificates and authorisations from all concerned authorities; and [\ \* \] (4) The Ministry of Environment and Forests, Government of India, shall forward a copy of the permission granted, to the Central Pollution Control Board, the State Pollution Control Board and the concerned port and customs authorities for ensuring compliance of the conditions of imports and to take appropriate steps for safe handling of the waste at the time of off-loading. [(5) An application for licence to the Directorate-General of Foreign Trade for import shall be accompanied with the permission granted by the Ministry of Environment and Forests, Government of India under sub-rule (3) to the importer and an authenticated copy of Form 7 of the exporter under sub-rule (3) of rule 14. (6) The port and custom authorities shall ensure that the shipping document is accompanied with an authenticated copy of Form 7 and the test report from an accredited laboratory of analysis of the hazardous waste shipped. (7) The occupier having valid permission to import shall inform the State and Central Pollution Control Board and the port authorities of the arrival of the consignment of hazardous wastes ten days in advance. (8) The occupier importing hazardous waste shall maintain the records of hazardous waste imports as specified in Form 6-A and the record so maintained shall be available for inspection.] [ Inserted by S.O. 24(E) , dated 6.1.2000 (w.e.f. 6.1.2000).] [ Inserted by S.O. 24(E) , dated 6.1.2000 (w.e.f. 6.1.2000).] (9) [ An occupier importing hazardous wastes listed under an Open General Licence of the Directorate-General of Foreign Trade shall register himself with the Ministry of Environment and Forests or any other authority or agency such as the Central Pollution Control Board designated by it in accordance with the procedure laid down under rule 19.] [ Inserted by S.O. 593(E) , dated 20.5.2003 (w.e.f. 23.5.2003). ] ### 14. Export of hazardous waste .-(1) The exporting country or the exporter as the case may be, of hazardous waste shall apply ninety days in advance in Form 7 to the Ministry of Environment and Forests, Government of India, seeking permission for the proposed export and transboundary movement. [(2) The Ministry of Environment and Forests Government of India, on receipt of such Form 7 from an exporter or an exporting country shall examine the case on merit and grant or refuse permission for export to India. (3) The Ministry of Environment and Forests shall communicate the grant of permission by authentication on Form 7 to the exporter and the exporting country and endorse a copy of the same to the Central Pollution Control Board and the State Pollution Control Board. (4) The exporter shall ensure that no consignment is shipped prior to the requisite authentication being received. The exporter shall also ensure that the shipping document is accompanied with Form 7-A, an authenticated copy of Form 7 and an authenticated copy of the test report from an accredited laboratory of analysis of the hazardous waste. (5) The occupier, exporting hazardous waste to any other country shall seek permission from the competent authority of that country prior to any shipment. (6) Every occupier exporting hazardous waste shall inform the Central Government of the permission sought for exporting, permission granted for export and details of the export in Form 7.] ### 15. Illegal traffi c.-(1) The movement of hazardous wastes from or to the country shall be considered illegal:- (i) if it is without prior permission of the Central Government; (ii) if the permission has been obtained through falsification, misrepresentation or fraud; or (iii) it does not conform to the shipping details provided in the document; (2) In case of illegal movement, the hazardous wastes in question- (i) shall be shipped back within thirty days either to the exporter or to the exporting country; (ii) shall be disposed of within thirty days from the date of off-loading subject to inability to comply with sub-rule (2)(i) above [in accordance with the procedure laid down by the State Pollution Control Board or Committee in consultation with Central Pollution Control Board]. (3) In case of illegal transboundary movement of hazardous wastes, the occupier exporting hazardous waste from the country or the exporter exporting hazardous waste to the country and importer importing hazardous waste into the country shall ensure that the wastes in question is safely stored and shipped or disposed of in an environmentally sound manner within thirty days from the date of off-loading. (4) The exporting country shall bear the costs incurred for the disposal of such wastes. ### 16. Liability of the occupier, transporter and operator of a facility .-(1) The occupier, transporter and operator of a facility shall be liable for damages caused to the environment resulting due to improper handling and disposal of hazardous waste listed in Schedules 1, 2 and 3; (2) [ The occupier and operator of a facility shall also be liable to reinstate or restore damaged or destroyed elements of the environment at his cost, failing which the occupier or the operator of a facility, as the case may be, shall be liable to pay the entire cost of remediation or restoration and pay in advance an amount equal to the cost estimated by the State Pollution Control Board or Committee. Thereafter, the Board or Committee shall plan and cause to be executed the programme for remediation or restoration. The advance paid to State Pollution Control Board or Committee towards the cost of remediation or restoration shall be adjusted once the actual cost of remediation or restoration is finally determined and the remaining amount, if any, shall be recovered from the occupier or the operator of the facility.] (3) The occupier and operator of a facility shall be liable to pay a fine as levied by the State Pollution Control Board with the approval of the Central Pollution Control Board for any violation of the provisions under these rules. ### 17. Transitional provisions .-Where- (a) on the date of coming into operation of these rules, an occupier handling hazardous wastes who is required to comply with the provisions of these rules, it will be sufficient compliance if the occupier and the authorities do so within three months after the date of coming into force of these rules; (b) State Pollution Control Boards and Pollution Control Committees are required to oversee the compliance. ### 18. Appeal .-(1) An appeal shall lie, against any order of grant or refusal of an authorisation by the Member-Secretary, State Pollution Control Board or any officer designated by the Board to the Secretary, Department of Environment of the State Government by whatever name called. [(2) Every appeal shall be in writing and shall be accompanied by a copy of the order appealed against and shall be presented within thirty days of the receipt of the order passed.] (3) [ Every appeal filed under this rule shall be disposed of within a period of sixty days from the date of such filing.] [ Inserted by S.O. 593(E) , dated 20.5.2003 (w.e.f. 23.5.2003). ] ### 19. Procedure for registration and renewal of registration of recyclers and re-refiners .-(1) Every person desirous of recycling or re-refining non-ferrous metal wastes as specified in Schedule 4 or used oil or waste oil shall register himself with the Central Pollution Control Board: Provided that no owner or occupier of an industrial unit having captive recycling of non-ferrous metals or recycling of waste oil or re-refining of used oil facility shall be required to register under these rules: Provided further that no person who has registered with the Ministry of Environment and Forests before the commencement of the Hazardous Wastes (Management and Handling) Amendment Rules, 2003, shall, unless such registration is cancelled or ceases to operate under sub-rule (3) of rule 21, be required to register under this sub-rule as given in the certificate of registration. [(2) Every application for registration under this rule shall be made in Form 11 alongwith a copy each of the following documents to the Central Pollution Control Board for the grant of such registration or renewal:- (a) letter of consents granted under the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981; (b) authorisation granted under rule 5 of these rules; (c) certificate of registration with District Industries Centre; (d) proof of installed capacity of plant and machinery issued by either State Pollution Control Board or Committee or the District Industries Centre; and (e) report from the State Pollution Control Board or Committee regarding proof of compliance of effluent and emission standards and treatment and disposal of hazardous wastes as stipulated by that Board or Committee. (3) If the Central Pollution Control Board is satisfied that the recyclers or re-refiners possess requisite facilities, technical capabilities, and equipment to recycle or re-refine the wastes and dispose of the hazardous wastes generated, it shall grant a certificate of registration to such recycler or re-refiner, as the case may be. (4) The Central Pollution Control Board shall dispose of the application for registration within 120 days of receipt of such application with complete details. (5) The certificate of registration granted under sub-rule (3) shall be valid for a period of two years from the date of its issue unless suspended or cancelled earlier. (6) Every application for renewal of registration of a certificate of registration granted under sub-rule (3) shall be made in Form 11 alongwith the documents mentioned in sub-rule (2) at least two months before the expiry of the period of validity of such certificate. The Central Pollution Control Board shall renew the registration of the recycler or re-refiner granted under sub-rule (3) after examining each case on merit. (7) The Central Pollution Control Board may, after giving reasonable opportunity to the applicant of being heard, by order, refuse to grant certificate of registration of renewal. (8) The Central Pollution Control Board may cancel or suspend a registration or renewal granted under these rules, if in its opinion the registered recycler has failed to comply with any of the conditions of registration, or with any provisions of the Act or rules made thereunder after giving him an opportunity of being heard and after recording the reasons therefor. (9) An appeal against any order of suspension or cancellation or refusal of registration or renewal passed by Central Pollution Control Board shall lie with the Secretary, Ministry of Environment and Forests (hereafter referred to as the appellate authority). (10) The memorandum of appeal under sub-rule (9) shall be in writing and shall be accompanied with a copy of the order appealed against and shall be presented within 30 days of passing of the order: Provided that the appellate authority may allow a memorandum of appeal to be filed after the expiry of the said period of thirty days, but in no case later than 45 days if the appellate authority is satisfied that there exists sufficient cause for not preferring the appeal in time. (11) On receipt of a memorandum of appeal under sub-rule (9) the appellate authority shall within ninety days from the date of receipt of such memorandum of appeal and after giving the appellant an opportunity of being heard pass such order as he may deem fit. (12) In case of units registered with the Ministry of Environment and Forests or the Central Pollution Control Board for items placed under "free category" in Notification Nos. 22 (RE-99) 1997-2002 dated 30th July, 1999; 26 (RE-99) 1997-2002 dated 10th September, 1999; 38 (RE-2000) 1997-2002 dated 16th October, 2000 and 6 (RE-2001) dated 31st March, 2001 issued by the Directorate-General of Foreign Trade and other similar notifications issued based on the advice of Ministry of Environment and Forests, prior import permission from that Ministry shall not be required. (13) Recyclers and re-refiners registered with the Government of India in the Ministry of Environment and Forests or the Central Pollution Control Board shall maintain a record of wastes purchased, processed and sold and shall file an annual return in Form 12 to the respective State Pollution Control Board or Committee, as the case may be, latest by 31st January of every year. ### 20. Responsibility of waste generator .-(1) No owner or occupier generating non-ferrous metal waste specified in Schedule 4 or generating used oil or waste oil of ten tons or more per annum shall sell or auction such non-ferrous metal wastes, used oil or waste oil except to a registered re-refiner or recycler, as the case may be, who undertakes to re-refine or recycle the waste within the period of validity of his certificate of registration. (2) Any waste oil which does not meet the specifications laid down in Schedule 6 shall not be auctioned or sold but shall be disposed of in hazardous wastes incinerator installed with air pollution control devices and meeting emission standards. (3) The persons generating waste or auctioneers shall ensure that at the time of auction or sale, the period of validity of the certificate of registration of the registered re-refiner or recycler is sufficient to reprocess the quantity of wastes being sold or auctioned to him. (4) The waste generators and auctioneers shall ensure that the wastes are not allowed to be stored for more than ninety days and shall maintain a record of auctions and sale of such wastes and make these records available to the State Pollution Control Board or Committee for inspections. (5) The waste generators and auctioneers shall file annual returns of auction and sale in Form 13 latest by 31st day of January of every year to the respective State Pollution Control Board or Committee. ### 21. Technology and standards for re-refining or recycling .-(1) Re-refiners and recyclers shall use only environmentally sound technologies while recycling and re-refining non-ferrous metal wastes or used oil or waste oil. In case of used oil, re-finers using acid clay process or modified acid clay process shall switch over within six months from the date of commencement of the Hazardous Wastes (Management and Handling) Amendment Rules, 2003 to other environmentally sound technologies as under:- (a) Vacuum distillation with clay treatment; (b) Vacuum distillation with hydrotreating; (c) Thin film evaporation process; or (d) Any other technology approved by the Ministry of Environment and Forests. (2) The re-refiners and recyclers registered with the Ministry of Environment and Forests or the Central Pollution Control Board in accordance with the procedure laid down in rule 19 shall file a compliance report of having adopted one of the technologies mentioned in sub-rule (1) on or before 31 December, 2004 to the Central Pollution Control Board. Explanation .-This shall be applicable only to re-refiners and recyclers subject to the conditions that the re-refiners and recyclers shall submit- [(i) copy of the order placed for purchase of plant and machinery for switchover to one of the approved technologies specified under sub-rule (1) of rule 21 of these rules upto 15th August, 2004; and (ii) bank guarantee, valid upto 31st January, 2005, for an amount of five lakh rupees in favour of Central Pollution Control Board, New Delhi upto 15th August, 2004.] (3) Notwithstanding anything contained in a certificate of registration granted to a recycler or re-refiner, such registration with the Ministry of Environment and Forests shall cease to be valid if he fails to comply with sub-rule (1). [(4) The State Pollution Control Board or Committee shall inspect the re-refining and recycling units within three months of the expiry of the six months period referred to in sub-rule (1) and submit a compliance report to the Central Pollution Control Board which shall compile such information and furnish the same to the Ministry of Environment and Forests on a regular basis. (5) The Ministry of Environment and Forests shall notify from time-to-time specifications and standards to be followed by recyclers and re-refiners.] [Added by S.O. 593(E) , dated 20.5.2003 (w.e.f. 23.5.2003). ] [SCHEDULE 1] [Substituted by S.O. 593(E) , dated 20.5.2003 (w.e.f. 23.5.2003).] [See rule 3(14) (a)] LIST OF HAZARDOUS WASTES \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| S.No. \| Processes \| \| Hazardous Wastes \| \| 1 \| 2 \| \| 3 \| \| 1. \| Petrochemical processes and pyrolytic operations \| 1.1 \| Furnace/reactor residue and debris\ \| \| \| \| 1.2 \| Tarry residues \| \| \| \| 1.3 \| Oily sludge emulsion \| \| \| \| 1.4 \| Organic residues \| \| \| \| 1.5 \| Residues from alkali wash of fuels \| \| \| \| 1.6 \| Still bottoms from distillation process \| \| \| \| 1.7 \| Spent catalyst and molecular sieves \| \| \| \| 1.8 \| Slop oil from wastewater \| \| \| \| 1.9 \| ETP sludge containing hazardous constituents \| \| 2. \| Drilling operation for oil and gas production \| 2.1 \| Drill cuttings containing oil \| \| \| \| 2.2 \| Sludge containing oil \| \| \| \| 2.3 \| Drilling mud and other drilling wastes\* \| \| 3. \| Cleaning, emptying and maintenance of petroleum oil storage tanks including ships \| 3.1 \| Oil-containing cargo residue, washing water and sludge \| \| \| \| 3.2 \| Chemical-containing cargo residue and sludge \| \| \| \| 3.3 \| Sludge and filters contaminated with oil \| \| \| \| 3.4 \| Ballast water containing oil from ships. \| \| 4. \| Petroleum refining/re-refining of used oil/recycling of waste oil \| 4.1 \| Oily sludge/emulsion \| \| \| \| 4.2 \| Spent catalyst \| \| \| \| 4.3 \| Slop oil \| \| \| \| 4.4 \| Organic residues from process \| \| \| \| 4.5 \| Chemical sludge from waste water treatment \| \| \| \| 4.6 \| Spent clay containing oil \| \| 5. \| Industrial operations using mineral/synthetic oil as lubricant in hydraulic systems or other applications \| 5.1 \| Used/spent oil \| \| \| \| 5.2 \| Wastes/residues containing oil \| \| 6. \| Secondary production and/or use of zinc \| 6.1 \| Sludge and filter press cake arising out of zinc sulphate production \| \| \| \| 6.2 \| Zinc fines/dust/ash/skimmings (dispersible form) \| \| \| \| 6.3 \| Other residues from processing of zinc ash/skimmings \| \| \| \| 6.4 \| Flue gas dust and other particulates\* \| \| 7. \| Primary production of zinc/lead/copper and other non-ferrous metals except aluminium \| 7.1 \| Flue gas dust from roasting\* \| \| \| \| 7.2 \| Process residues \| \| \| \| 7.2 \| Arsenic-bearing sludge \| \| \| \| 7.3 \| Metal bearing sludge and residue including jarosite \| \| \| \| 7.4 \| Sludge from ETP and scrubbers \| \| 8. \| Secondary production of copper \| 8.1 \| Spent electrolytic solutions \| \| \| \| 8.2 \| Sludgesand filter cakes \| \| \| \| 8.3 \| Flue gas dust and other particulates\* \| \| 9. \| Secondary production of lead \| 9.1 \| Lead slag/Lead bearing residues \| \| \| \| 9.2 \| Lead ash/particulate from flue gas \| \| 10. \| Production and/or use of cadmium and arsenic and their compounds \| 10.1 \| Residues containing cadmium and arsenic \| \| 11. \| Production of primary and secondary aluminium \| 11.1 \| Sludgesfrom gas treatment \| \| \| \| 11.2 \| Cathode residues including pot lining wastes \| \| \| \| 11.3 \| Tar containing wastes \| \| \| \| 11.4 \| Flue gas dust and other particulates\* \| \| \| \| 11.5 \| Wastes from treatment of salt slags and black drosses\* \| \| 12. \| Metal surface treatment, such as etching, staining, polishing, galvanising, cleaning, degreasing, plating, etc. \| 12.1 \| Acid residues \| \| \| \| 12.2 \| Alkali residues \| \| \| \| 12.3 \| Spent bath/sludge containing sulphide, cyanide and toxic metals \| \| \| \| 12.4 \| Sludge from bath containing organic solvents \| \| \| \| 12.5 \| Phosphate sludge \| \| \| \| 12.6 \| Sludge from staining bath \| \| \| \| 12.7 \| Copper etching residues \| \| \| \| 12.8 \| Plating metal sludge \| \| \| \| 12.9 \| Chemical sludge from waste water treatment \| \| 13. \| Production of iron and steel including other ferrous alloys (electric furnaces; steel rolling and finishing mills; Coke oven and by product plant) \| 13.1 \| Process dust \* \| \| \| \| 13.2 \| Sludge from acid recovery unit \| \| \| \| 13.3 \| Benzolacid sludge \| \| \| \| 13.4 \| Decanter tank tar sludge \| \| \| \| 13.5 \| Tar storage tank residue \| \| 14. \| Hardening of steel \| 14.1 \| Cyanide-, nitrate-, or nitrite-containing sludge \| \| \| \| 14.2 \| Spent hardening salt \| \| 15. \| Production of asbestos or asbestos-containing materials \| 15.1 \| Asbestos-containing residues \| \| \| \| 15.2 \| Discarded asbestos \| \| \| \| 15.3 \| Dust/particulates from exhaust gas treatment. \| \| 16. \| Production of caustic soda and chlorine \| 16.1 \| Mercury bearing sludge \| \| \| \| 16.2 \| Residue/sludges and filter cakes\* \| \| \| \| 16.3 \| Brine sludge containing mercury \| \| 17. \| Production of acids \| 17.1 \| Residues, dusts or filter cakes\* \| \| \| \| 17.2 \| Spent catalyst\* \| \| 18. \| Production of nitrogenous and complex fertilizers \| 18.1 \| Spent catalyst\* \| \| \| \| 18.2 \| Spent carbon\* \| \| \| \| 18.3 \| Sludge/residue containing arsenic \| \| \| \| 18.4 \| Chromium sludge from water cooling tower \| \| \| \| 18.5 \| Chemical sludge from waste waster treatment \| \| 19. \| Production of phenol \| 19.1 \| Residue/sludge containing phenol \| \| 20. \| Production and/or industrial use of solvents \| 20.1 \| Contaminated aromatic, aliphatic or napthenic solvents not fit for originally intended use \| \| \| \| 20.2 \| Spent solvents \| \| \| \| 20.3 \| Distillation residues \| \| 21. \| Production and/or industrial use of paints, pigments, lacquers, varnishes, plastics and inks \| 21.1 \| Wastes and residues \| \| \| \| 21.2 \| Fillers residues \| \| 22. \| Production of plastic raw materials \| 22.1 \| Residues of additives used in plastics manufacture like dyestuffs, stabilizers, flame retardants, etc. \| \| \| \| 22.2 \| Residues of platicisers \| \| \| \| 22.3 \| Residues from vinylchloride monomer production \| \| \| \| 22.4 \| Residues from acrylonitrile production \| \| \| \| 22.5 \| Non-polymerised residues \| \| 23. \| Production and/or industrial use of glues, cements, adhesive and resins \| 23.1 \| Wastes/residues (not made with vegetable or animal materials)\* \| \| 24. \| Production of canvas and textiles \| 24.1 \| Textile chemical residues\* \| \| \| \| 24.2 \| Chemical sludge from waste water treatment \| \| 25. \| Industrial production and formulation of wood preservatives \| 25.1 \| Chemical residues \| \| \| \| 25.2 \| Residues from wood alkali bath \| \| 26. \| Production or industrial use of synthetic dyes, dye-intermediates and pigments \| 26.1 \| Process waste sludge/residues containing acid or other toxic metals or organic complexes \| \| \| \| 26.2 \| Chemical sludge from waste water treatment \| \| \| \| 26.3 \| Dust from air filtration system \| \| 27. \| Production or industrial use of materials made with organo-silicone compounds \| 27.1 \| Silicone-containing residues \| \| \| \| 27.2 \| Silicone oil residues \| \| 28. \| Production/formulation of drugs/ pharmaceuticals \| 28.1 \| Residues and wastes\* \| \| \| \| 28.2 \| Spent catalyst/spent carbon \| \| \| \| 28.3 \| Off specification products \| \| \| \| 28.4 \| Date-expired, discarded and off-specification drugs/ medicines \| \| \| \| 28.5 \| Spent mother liquor \| \| \| \| 28.6 \| Spent organic solvents \| \| 29. \| Production, use and formulation of pesticides including stock-piles \| 29.1 \| Wastes/residues containing pesticides \| \| \| \| 29.2 \| Chemical sludge from waste water treatment \| \| \| \| 29.3 \| Date-expired and off-specification pesticides \| \| 30. \| Leather tanneries \| 30.1 \| Chromium bearing residue and sludge \| \| \| \| 30.2 \| Chemical sludge from waste water treatment \| \| 31. \| Electronic Industry \| 31.1 \| Residues and wastes\* \| \| \| \| 31.2 \| Spent etching chemicals and solvents \| \| 32. \| Pulp & Paper Industry \| 32.1 \| Spent chemicals \| \| \| \| 32.2 \| Corrosive wastes arising from use of strong acid and bases \| \| \| \| 32.3 \| Sludge containing absorbable organic halides \| \| 33. \| Disposal of barrels/containers used for handling of hazardous wastes/chemicals \| 33.1 \| Chemical-containing residue from decontamination and disposal \| \| \| \| 33.2 \| Sludge from treatment of waste water arising out of cleaning/disposal of barrels/containers \| \| \| \| 33.3 \| Discarded containers/barrels/liners used for hazardous wastes/chemicals \| \| 34. \| Purification processes for air and water \| 34.1 \| Flue gas cleaning residue\* \| \| \| \| 34.2 \| Toxic metal-containing residue from used-ion exchange material in water purification \| \| \| \| 34.3 \| Chemical sludge from waste water treatment \| \| \| \| 34.4 \| Chemical sludge, oil and grease skimming residues from common industrial effluent treatment plants (CETPs) and industry-specific effluent treatment plants (ETPs) \| \| \| \| 34.5 \| Chromium sludge from cooling water treatment \| \| 35. \| Purification process for organic compounds/solvents \| 35.1 \| Filters and filter material which have organic liquids in them, e.g. mineral oil, synthetic oil and organic chlorine compounds \| \| \| \| 35.2 \| Spent catalyst\* \| \| \| \| 35.3 \| Spent carbon\* \| \| 36. \| Waste treatment processes, e.g. incineration, distillation, separation and concentration techniques \| 36.1 \| Sludge from wet scrubbers \| \| \| \| 36.2 \| Ash from incineration of hazardous waste, flue gas cleaning residues \| \| \| \| 36.3 \| Spent acid from batteries \| \| \| \| 36.4 \| Distillation residues from contaminated organic solvents. \| [SCHEDULE 2] [Substituted by S.O. 593(E) , dated 20.5.2003 (w.e.f. 23.5.2003).] [See rule 3(14) (b)] LIST OF WASES CONSTITUENTS WITH CONCENTRATION LIMITS \| \| \| --- \| \| CLASS A \| \| Concentration limit: ≥ 50mg/kg \| \| A1 \| Antimony and antimony compounds \| \| A2 \| Arsenic and arsenic compounds \| \| A3 \| Beryllium and beryllium compounds \| \| A4 \| Cadmium and cadmium compounds \| \| A5 \| Chromium (VI) compounds \| \| A6 \| Mercury and mercury compounds \| \| A7 \| Selenium and selenium compounds \| \| A8 \| Tellurium and tellurium compounds \| \| A9 \| Thallium and thallium compounds \| \| A10 \| Inorganic cyanide compounds \| \| A11 \| Metal carbonyls \| \| A12 \| Napthalene \| \| A13 \| Anthracene \| \| A14 \| Phenanthrene \| \| A15 \| Chrysene, benzo (a) anthracene, fluoranthene, benzo (a) pyrene, benzo (K) fluoranthene, indeno (1, 2, 3-cd) pyrene and benzo (ghi) perylene \| \| A16 \| Halogenated compounds of aromatic rings, e.g. polychlorinated biphenyls, polychloroterphenyls and their derivatives \| \| Waste constituents and their concentration limits given in this list are based on BAGA (the Netherlands Environment Protection Agency) List of Hazardous Substances. In order to decide whether a specific material listed above is hazardous or not, following points be taken into consideration: \| \| (i) If a component of the waste appears in one of the five risk classes listed above (A, B, C, D or E) and the concentration of the component is equal to or more than the limit for the relevant risks class, the material is then classified as hazardous waste. \| \| (ii) If a chemical compound containing a hazardous constituent is present in the waste, the concentration limit does not apply to the compound, but only to the hazardous constituent itself. \| \| (iii) If multiple hazardous constituents from the same class are present in the waste, the concentrations are added together. \| \| (iv) If multiple hazardous constituents from different classes are present in the waste, the lowest concentration limit corresponding to the constituent(s) applies. \| \| (v) For substances in water solution, the concentration limit for dry matter must be used. If the dry matter content is less than 0.1% by weight, the concentration limit, reduced by a factor of one thousand, applies to the solution. \| \| A17 \| Halogenated aromatic compounds \| \| A18 \| Benzene \| \| A19 \| Organo-chlorine pesticides \| \| A20 \| Organo-tin Compounds \| \| CLASS B \| \| Concentration limit:≥5,000 mg/kg \| \| B1 \| Chromium (III) compounds \| \| B2 \| Cobalt compounds \| \| B3 \| Copper compounds \| \| B4 \| Lead and lead compounds \| \| B5 \| Molybdenum compounds \| \| B6 \| Nickel compounds \| \| B7 \| Inorganic Tin compounds \| \| B8 \| Vanadium compounds \| \| B9 \| Tungsten compounds \| \| B10 \| Silver compounds \| \| B11 \| Halogenated aliphatic compounds \| \| B12 \| Organophosphorus compounds \| \| B13 \| Organic peroxides \| \| B14 \| Organic nitro-and nitroso-compounds \| \| B15 \| Organic azo-and azooxy compounds \| \| B16 \| Nitriles \| \| B17 \| Amines \| \| B18 \| (Iso-and thio-) cyanates \| \| B19 \| Phenol and phenolic compounds \| \| B20 \| Mercaptans \| \| B21 \| Asbestos \| \| B22 \| Halogen-silanes \| \| B23 \| Hydrazine (s) \| \| B24 \| Flourine \| \| B25 \| Chlorine \| \| B26 \| Bromine \| \| B27 \| White and red phosphorus \| \| B28 \| Ferro-silicate and alloys \| \| B29 \| Manganese-silicate \| \| B30 \| Halogen-containing compounds which produce acidic vapours on contact with humid air or water, e.g. silicon tetrachloride, aluminium chloride, titanium tetrachloride \| \| CLASS C \| \| Concentration limit; ≥; 20,000 mg/kg \| \| C1 \| Ammonia and ammonium compounds \| \| C2 \| Inorganic peroxides \| \| C3 \| Barium compounds except barium sulphate \| \| C4 \| Fluorine compounds \| \| C5 \| Phosphate compounds except phosphates of aluminium, calcium and iron \| \| C6 \| Bromates, (hypo-bromites) \| \| C7 \| Chlorates, (hypo-chlorites) \| \| C8 \| Aromatic compounds other than those listed under A12 to A18 \| \| C9 \| Organic silicone compounds \| \| C10 \| Organic sulphur compounds \| \| C11 \| Iodates \| \| C12 \| Nitrates, nitrites \| \| C13 \| Sulphides \| \| C14 \| Zinc compounds \| \| C15 \| Salts of per-acids \| \| C16 \| Acid amides \| \| C17 \| Acid anhydrides \| \| CLASS D \| \| Concentration limit: ≥50, 000 mg/kg \| \| D1 \| TotalSulphur \| \| D2 \| Inorganic acids \| \| D3 \| Metal hydrogen sulphates \| \| D4 \| Oxides and hydroxides except those of hydrogen, carbon, silicon, iron, aluminum, titanium, manganese, magnesium, calcium \| \| D5 \| Total hydrocarbons other than those listed under A12 to A18 \| \| D6 \| Organic oxygen compounds \| \| D7 \| Organic nitrogen compounds expressed as nitrogen \| \| D8 \| Nitrides \| \| D9 \| Hydrides \| \| CLASS E \| \| Regardless of concentration limit; Classified as hazardous wastes at all concentrations \| \| E1 \| Flammable substances \| \| E2 \| Substances which generate hazardous quantities of flammable gases on contact with water or damp air. \| [SCHEDULE 3] [Substituted by S.O. 593(E) , dated 20.5.2003 (w.e.f. 23.5.2003).] [See rules 3 (14) (c) & 12(a)] Part A – LISTS OF WASTES APPLICABLE FOR ONLY IMPORT AND EXPORT ---------------------------------------------------------------- [LIST A] [List A given as Annex.VIII of the Basel Convention on Transboundary Movement of Hazardous Wastes and their disposal comprises of wastes characterised as hazardous under Article 1, paragraph 1(a) of the Convention. Inclusion of wastes on this list does not preclude the use of hazard characteristics given in Annex. III of Basel Convention to demonstrate that the wastes are not hazardous. Above list is modified to the extent the certain waste categories given in List "A" (Annex. VIII) of Basel Convention have been prohibited for import and export under the Environment (Protection) Act, 1986 and are listed separately under Schedule 8 of these Rules. Hazardous wastes in the above list are restricted and cannot be allowed to be imported into the country without DGFT licence.] \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| \| BaselNo. \| Descriptionof Wastes \| [Annex I] [Annex.I of Basel Convention denoting serial numbders of the category of wastes to be controlled.] \| [Annex III] [Annex.III of Basel Convention denoting serial numbers of the hazard characteristics (Part B of this Schedule).] \| OECD No. \| CustomsCode \| \| A1 \| Metal and Metal bearing wastes \| \| \| \| \| \| A1010 \| Metal waste and waste consisting of alloys of the following metals, but excluding such wastes specified on list B(corresponding mirror entry under List B in brackets) \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| \| Base No. \| Description of Wastes \| Annex I \| Annex III \| OECD No. \| Customs Code \| \| \| - Antimony \| Y27 \| 6.1, 11, 12 \| AA070 \| ex 2620.90 \| \| \| - Cadmium \| Y26 \| 6.1, 11, 12 \| AA070 \| ex 2620.90 \| \| \| - Tellurium \| Y28 \| 6.1, 11, 12 \| AA070 \| ex 2620.90 \| \| \| - Lead \| Y31 \| 6.1, 11, 12 \| \| \| \| A1020 \| Waste having as constituents or contaminants, excluding metal wastes in massive form, any of the following: \| \| \| \| \| \| \| - Cadmium, cadmium compounds. (see B1020) \| Y26 \| 6.1, 11, 12 \| AA070 \| ex 2620.90 \| \| \| - Antimony, antimony compounds (see B1020) \| Y27 \| 6.1, 11, 12 \| AA070 \| ex 2620.90 \| \| \| - Tellurium, tellurium compounds (see B1020) \| Y28 \| 6.1, 11, 12 \| AA070 \| ex 2620.90 \| \| \| - Lead, lead compounds (see B1020) \| Y31 \| 6.1, 11, 12 \| AA030 \| ex 2620.90 \| \| A1040 \| Wastes having as constituents any of the following: \| \| \| \| \| \| \| - Metal carbonyls \| Y19 \| 6.1, 11, 12 \| \| \| \| A1050 \| Galvanic sludges \| Y17 \| 6.1, 12 \| AA120 \| \| \| A1060 \| Wastes Liquors from the pickling of metals. \| Y17 \| 6.1, 12 \| AA130 \| \| \| A1070 \| Leaching residues from zinc processing, dusts and sludges such as jarosite, hematite, goethite, etc. \| Y23 \| 12 \| AA140 \| \| \| A1080 \| Waste Zinc residues not included on list B containing lead and cadmium in concentrations sufficient to exhibit hazard characteristics indicated in part B of this schedule (see B1080 and B1100) \| Y23 \| 4.3, 12 \| AA020 \| ex 262019, ex 2620.1 ex 2817 \| \| A1090 \| Ashes from the incineration of insulated copper wire \| Y22 \| 12 \| \| \| \| A1100 \| Dust and residues from gas cleaning systems of copper smelters. \| Y18, Y22 \| 12 \| \| ex 2620.30 \| \| A1110 \| Spent electrolytic solutions from copper electro refining and electro winning operations \| Y22 \| 12 \| \| ex 2620.30 \| \| A1120 \| Wastes sludges, excluding anode slimes, from electrolytic purification systems in copper electro refining and electro winning operations. \| Y18, Y22 \| 12 \| \| ex 2620.30 \| \| A1130 \| Spent etching solutions containing dissolved copper. \| Y22 \| 12 \| \| ex 3824.90 \| \| A1150 \| Precious metal ash from incineration of printed circuit boards not included on list 'B' (see B-1160) \| \| \| AA161 \| ex7112.10 \| \| A1160 \| Waste Lead acid batteries whole or crushed. \| Y31 \| 6.1, 11, 12 \| AA170 \| \| \| A1170 \| Unsorted waste batteries excluding mixtures of only List B batteries. Waste batteries not specified on List B containing schedule 2 constituents to an extent to render them hazardous (see B1090) \| Y26, Y29, Y31 \| 6.1, 11, 12 \| \| ex 8548.10, ex 8548.90 \| \| A1180 \| Waste Electrical and electronic assembles or scrap containing, compounds such as accumulators and other batteries included on list A, mercury-switches, glass from cathode-ray tubes and other activated glass and PCB-capacitors, or contaminated with Schedule 2 constituents (e.g. cadmium, mercury, lead, polychlorinated biphenyl) to an extent that they exhibit hazard characteristics indicated in part B of this Schedule (see B1110) \| \| \| \| \| \| A2 \| Wastes containing principally inorganic constituents, which may contain metals and organic materials \| \| \| \| \| \| A2010 \| Glass waste from cathode ray tubes and other activated glasses \| Y31 \| 6.1, 11, 12 \| AB040 \| ex 7001.00 \| \| A2030 \| Wastes catalysts but excluding such wastes specified on List B \| Y31 \| \| \| \| \| A3 \| Wastes containing principally organic constituents which may contain metals and inorganic materials \| \| \| \| \| \| A3010 \| Waste from the production or processing of petroleum coke and bitumen \| Y11 \| \| AC010 \| ex 2713.90 \| \| A3020 \| Waste mineral oils unfit for their originally intended use \| Y8 \| \| AC030 \| 2710.00, 3823.90 \| \| A3050 \| Wastes from production formulation and use of resins, latex, plasticisers, glues/adhesives excluding such wastes specified in List B (B4020) \| Y13 \| \| AC090 \| \| \| A3070 \| Waste phenol, phenol compounds including chlorophenol in the form of liquids or sludges \| Y39 \| \| AC110 \| \| \| A3080 \| Waste ethers not including those specified in List B \| \| \| AC130 \| \| \| A3120 \| Fluff: light fraction from shredding \| \| \| AC190 \| \| \| A3130 \| Waste organic phosphorus compounds \| Y37 \| \| AC200 \| \| \| A3140 \| Waste non-halogenated organic solvents (but excluding such wastes specified on List B) \| Y42 \| \| AC210 \| \| \| A3160 \| Waste halogenated or unhalogenated non-aqueous distillation residues arising from organic solvent recovery operations \| Y18 \| \| AC230 \| \| \| A3170 \| Waste arising from the production of aliphatic halogenated hydrocarbons (such as chloromethanes, dichloromethane, vinyl chloride, vinylidene chloride, allyl chloride and epichlorhydrin) \| Y45 \| \| AC240 \| \| \| A4 \| Wastes which may contain either inorganic or organic constituents \| \| \| \| \| \| A4010 \| Wastes from the production and preparation and use of pharmaceutical products but excluding such wastes specified on List B \| Y2 \| \| \| ADVISER010 \| \| A4040 \| Wastes from the manufacture formulation and use of wood preserving chemicals \| Y5, Y22, Y24 \| \| \| ADVISER030 \| \| A4070 \| Waste from the production, formulation and use of inks, dyes, pigments, paints, lacquers, varnish excluding those specified in List B (B4010) \| Y12 \| \| \| ADVISER070 \| \| A4080 \| Wastes of an explosive nature excluding such wastes specified on List B \| Y15 \| \| \| \| \| A4090 \| Waste acidic or basic solutions excluding those specified in List B(B2120) \| Y34, Y35 \| \| \| AB110 ADVISER110 \| \| A4100 \| Wastes from industrial pollution control devices for cleaning of industrial off-gases excluding such wastes specified on List B \| Y18 \| \| \| \| \| A4110 \| Wastes that contain, consist of or are contaminated with any of the following: \| \| \| \| \| \| \| Any congenor of polychlorinated dibenzofuran\| \| \| \| \| \| \| Any congenor of polychlorinated dibenzodioxin\| \| \| \| \| \| A4120 \| Wastes that contain, consist of or are contaminated with peroxides. \| \| \| \| \| \| A4130 \| Waste packages and containers containing any of the constituents mentioned in Schedule 2 to the extent of concentration limits specified therein. \| \| \| \| \| \| A4140 \| Waste consisting of or containing off specification or out-dated chemicals containing any of the constituents mentioned in Schedule 2 to the extent of concentration limits specified therein. \| Y3 \| \| \| \| \| A4150 \| Waste chemical substances arising from research and development or teaching activities which are not identified and/or are new and whose effects on human health and/or the environment are not known \| Y14 \| \| \| \| \| A4160 \| Spent activated carbon not included on List B (B2060) \| \| \| \| \| \| [LIST-B] [List B given as Annexure IX of the Basel Convention on Transboundary Movement of Hazardous Wastes and their disposal comprises of wastes not covered by Article 1, paragraph 1(a) of the Convention, unless they contain material listed under Annexure I of the Convention to an extent causing them to exhibit Annexure III characteristics. Status of wastes in the above list with regard to their import in the country is indicated in respective footnotes. (for details, refer to ITC-HS Classification (EXIM Policy) brought out by the Directorate-General of Foreign Trade, Ministry of Commerce). Other residual and waste products of chemical and allied industries appearing in the above list but not specified in the EXIM Policy are restricted and cannot be allowed to be imported into the country without DGFT licence.] \| \| B1010 \| Metal and metal-bearing wastes \| \| \| \| \| \| \| Metal and metal-alloy wastes in metallic, non-dispersible form: \| \| \| \| \| \| \| - Precious metals (gold, silver, platinum) [Import permitted in the country without any licence or restriction.] \| \| \| \| \| \| \| - Iron and steel scrap [Restricted, import permitted in the country with DGFT licence only for the purpose of reprocessing or reuse.] \| \| \| \| \| \| \| - Nickel scrap [Restricted, import permitted in the country with DGFT licence only for the purpose of reprocessing or reuse.] \| \| \| GA130 \| 750300 \| \| \| - Aluminum scrap [Restricted, import permitted in the country with DGFT licence only for the purpose of reprocessing or reuse.] \| \| \| \| \| \| \| - Zinc scrap [Restricted, import permitted in the country with DGFT licence only for the purpose of reprocessing or reuse.] \| \| \| \| \| \| \| - Tin scrap [Restricted, import permitted in the country with DGFT licence only for the purpose of reprocessing or reuse.] \| \| \| \| \| \| \| - Tungsten scrap [Import permitted in the country without any licence or restriction.] \| \| \| \| \| \| \| - Molybdenum scrap [Restricted, import permitted in the country with DGFT licence only for the purpose of reprocessing or reuse.] \| \| \| GA190 \| ex 810291 \| \| \| - Tantalum scrap [Restricted, import permitted in the country with DGFT licence only for the purpose of reprocessing or reuse.] \| \| \| GA200 \| ex 810310 \| \| \| - Cobalt scrap [Restricted, import permitted in the country with DGFT licence only for the purpose of reprocessing or reuse.] \| \| \| GA220 \| ex 810510 \| \| \| - Bismuth scrap [Restricted, import permitted in the country with DGFT licence only for the purpose of reprocessing or reuse.] \| \| \| GA230 \| ex 810600 \| \| \| - Titanium scrap [Restricted, import permitted in the country with DGFT licence only for the purpose of reprocessing or reuse.] \| \| \| GA250 \| ex 810810 \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| \| Base No. \| Description of Wastes \| Annex I [Import permitted in the country without any licence or restriction] \| Annex III [Restricted, import permitted in the country with DGFT licence only for the purpose of reprocessing or reuse.] \| OECD No. \| Customs Code \| \| \| - Zirconium scrap \| \| \| GA260 \| ex 810910 \| \| \| - Manganse scrap \| \| \| GA280 \| ex 811100 \| \| \| - Germanium scrap \| \| \| GA310 \| ex 811230 \| \| \| - Vanadium scrap \| \| \| GA320 \| ex 811240 \| \| \| - Hafnium scrap \| \| \| GA330 \| ex 8112.91 \| \| \| - Indium scrap \| \| \| GA340 \| ex 8112.91 \| \| \| - Niobium scrap \| \| \| GA350 \| ex 8112.91 \| \| \| - Rhenium scrap \| \| \| GA360 \| ex 8112.91 \| \| \| - Gallium scrap \| \| \| GA370 \| ex 8112.91 \| \| \| - Magnesium scrap [Import of the material covered by ISRI code is permitted without licence; for other material, DGFT licence is necessary.] \| \| \| GA210 \| 810420 \| \| \| - Copper scrap [Import of copper scrap namely copper wire covered under ISRI code "Druid" and Jelly filled copper cables is permitted without a licence to units registered with the Ministry of Environment and Forests.] \| \| \| GA120 \| 740400 \| \| \| - Thorium scrap \| \| \| \| \| \| \| - Rare earths scrap \| \| \| \| \| \| B1020 \| Clean, uncontaminated metal scrap, including alloys, in bulk finished form (sheet, place, beams, rods, etc.) of: \| \| \| \| \| \| \| - Antimony scrap [Restricted, import permitted in the country with DGFT licence only for the purpose of reprocessing or reuse.] \| \| \| GA270 \| ex 8110.00 \| \| \| - Cadmium scrap [Restricted, import permitted in the country with DGFT licence only for the purpose of reprocessing or reuse.] \| \| \| GA240 \| ex 8107.10 \| \| \| - Lead scrap \| \| \| \| \| \| \| - Tellurium scrap [Import permitted in the country without any licence or restriction.] \| \| \| \| \| \| B1030 \| Refractory metals containing residues \| \| \| \| \| \| B1040 \| Scrap assemblies from electrical power generation not contaminated with lubricating oil, PCB or PCT to an extent to render them hazardous \| \| \| \| \| \| B1050 \| Mixed non-ferrous metal, heavy fraction scrap, not containing any of the constituents mentioned in Schedule 2 to the extent of concentration limits specified therein \| \| \| \| \| \| B1060 \| Waste tellurium in metallic elemental form including powder \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| \| Base No. \| Description of Wastes \| Annex I \| Annex III \| OECD No. \| Customs Code \| \| B1070 \| Waste of copper and copper alloys in dispersible form, unless they contain any of the constituents mentioned in Schedule 2 to the extent of concentration limits specified therein \| \| \| \| ex 2620.30 \| \| B1080 \| Zinc ash and residues including zinc alloys residues in dispersible form unless they contain any of the constituents mentioned in Schedule 2 to the extent of concentration limits specified therein \| \| \| \| ex 2620.10 ex 2620.19 ex 2817.00 \| \| B1090 \| Waste batteries conforming to specification, excluding those made with lead, cadmium or mercury. \| \| \| \| ex 8548.10 ex 8548.90 \| \| B1100 \| Metal bearing wastes arising from melting, smelting and refining of metals: \| \| \| GB \| \| \| \| - Hard Zinc Spelter \| \| \| \| \| \| \| - Zinc-containing drosses: \| \| \| \| \| \| \| ~Galvanizing slab zinc top dross (>90% Zn) \| \| \| \| \| \| \| ~Galvanizing slab zinc bottom dross (>92% Zn) \| \| \| \| \| \| \| ~Zinc die casting dross (>85% Zn) \| \| \| \| \| \| \| ~Hot dip galvanizers slab zinc dross (batch) (>92% Zn) \| \| \| \| \| \| \| ~ Zinc skimmings \| \| \| \| \| \| \| - Slags from copper processing for further processing or efining containing arsenic, lead or cadmium unless they contain any of the constituents mentioned in Schedule 2 to the extent of concentration limits specified therein \| \| \| \| ex 262030 \| \| \| - Slags from precious metals processing for further refining. \| \| \| GB40 \| ex 2620.90 \| \| \| - Wastes of refractory linings, including crucibles, originating from copper smelting \| \| \| \| \| \| \| - Aluminum skimmings (or skims) excluding salt slag \| \| \| AA50 \| \| \| \| -Tantalum-bearing tin slags with less than 0.5% tin \| \| \| GB050 \| ex 2620.90 \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| \| Base No. \| Description of Wastes \| Annex I \| Annex III \| OECD No. \| Customs Code \| \| B1110 \| Electrical and electronic assemblies \| \| \| GC \| \| \| \| - Electronic assemblies consisting only of metals or alloys \| \| \| GC010 \| \| \| \| - Waste Electrical and electronic assemblies scrap (including printed circuit boards, electronic components and wires) destined for direct reuse and not for recycling or final disposal \| \| \| GC020 \| \| \| \| - Waste electrical and electronic assemblies scrap (including printed circuit boards) not containing components such as accumulators and other batteries included on list A, mercury-switches, glass from cathode-ray tubes and other activated glass and PCB-capacitors, or not contaminated with constituents such as cadmium, mercury, lead, polychlorinated biphenyl) or from which these have been removed, to an extent that they do not possess any of the constituents mentioned in Schedule 2 to the extent of concentration limits specified therein \| \| \| \| \| \| \| - Electrical and electronic assemblies (including printed circuit boards, electronic components and wires) destined for direct reuse and not for recycling or final disposal. \| \| \| \| \| \| B1120 \| Spent catalysts excluding liquids used as catalysts, containing any of: \| \| \| \| \| \| \| Transition metals, excluding waste catalysts (spent catalysts, liquid used catalysts or other catalysts) on list A: \| \| \| \| \| \| \| Scandium \| Titanium \| \| \| \| \| \| \| Vanadium \| Chromium \| \| \| \| \| \| \| Manganese \| Iron \| \| \| \| \| \| \| Cobalt \| Nickel \| \| \| \| \| \| \| Copper \| Zinc \| \| \| \| \| \| \| Yttrium \| Zirconium \| \| \| \| \| \| \| Niobium \| Molybdenum \| \| \| \| \| \| \| Hafnium \| Tantalum \| \| \| \| \| \| \| Tungsten \| Rhenium \| \| \| \| \| \| \| Lanthanaides \| (rare earth metals): \| \| \| \| \| \| \| Lanthanum \| Cerium \| \| \| \| \| \| \| Praseodymium \| Neody \| \| \| \| \| \| \| Samarium \| Europium \| \| \| \| \| \| \| Gadolinium \| Terbium \| \| \| \| \| \| \| Dysprosium \| Holmium \| \| \| \| \| \| \| Erbium \| Thulium \| \| \| \| \| \| \| Ytterbium \| Lutetium \| \| \| \| \| \| B1130 \| Cleaned spent precious metal bearing catalysts \| \| \| \| ex 381510 ex 711510 \| \| B1140 \| Precious metal bearing residues in solid form which contain traces of inorganic cyanides \| \| \| \| ex 381510 ex 711510 \| \| B1150 \| Precious metals and alloy wastes (gold, silver, the platinum group) in a dispersible form \| \| \| \| ex 381510 ex 711510 \| \| B1160 \| Precious-metal ash from the incineration of printed circuit boards (note the related entry on list A A1150) \| \| \| \| \| \| B1170 \| Precious metal ash from the incineration of photographic film \| \| \| \| ex 284310 \| \| B1180 \| Waste photographic film containing silver halides and metallic silver \| \| \| \| \| \| B1190 \| Waste photographic paper containing silver halides and metallic silver \| \| \| \| \| \| B1200 \| Granulated slag arising from the manufacture of iron and steel [Import permitted in the country without any licence or restriction.] \| \| \| GC080 \| ex 261900 \| \| B1210 \| Slag arising from the manufacture of iron and steel including slag as a source of Titanium dioxide and Vanadium [Slag and dross other than granulated, scalings and other wastes are restricted; import permitted with DGFT licence only for the purpose of reprocessing or reuse.] \| \| \| \| ex 261900 \| \| B1220 \| Slag from zinc production, chemically stabilized, having a high iron content (above 20%) and processed according to industrial specifications mainly for construction \| \| \| \| ex 262030 \| \| B1230 \| Mill scaling arising from manufacture of iron and steel \| \| \| \| ex 261900 \| \| B1240 \| Copper Oxide mill-scale [Copper oxide mill scale are allowed for import in the country without DGFT licence to units (actual users) registered with MoEF upto an annual quantity limit indicated in the Registration Letter.] \| \| \| \| \| \| B2 \| Wastes containing principally inorganic constituents, which may contain metals and organic materials \| \| \| \| \| \| B2010 \| Wastes from mining operations in non-dispersible form: \| \| \| \| \| \| \| - Natural graphite waste \| \| \| GD010 \| 250400 \| \| \| - Slate wastes [Restricted, import permitted in the country with DGFT licence only for the purpose of reprocessing or reuse.] \| \| \| \| \| \| \| - Mica wastes \| \| \| \| \| \| \| - Leucite, nepheline and nepheline syenite waste \| \| \| GD040 \| 252930 \| \| \| - Feldspar waste (lumps & powder) \| \| \| GD050 \| 252910 \| \| \| - Fluorspar waste \| \| \| GD060 \| 252921 \| \| \| - Silica wastes in solid from excluding those used in foundry operations \| \| \| \| 252922 \| \| B2020 \| Glass wastes in non-dispersible from: \| \| \| \| \| \| \| - Cullet and other wastes and scrap of glass except for glass from cathode ray tubes and other activated glasses \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| \| Base No. \| Description of Wastes \| Annex I \| Annex III \| OECD No. \| Customs Code \| \| B2030 \| Ceramic wastes in non-dispersible form: \| \| \| GF \| \| \| \| Cermetwastes and scrap(metal ceramic composites) [Restricted, import permitted in the country with DGFT licence only for the purpose of reprocessing or reuse.] \| \| \| GF020 \| ex 8113.00 \| \| \| - Ceramic based fibres \| \| \| \| \| \| B2040 \| Other wastes containing principally inorganic constituents: \| \| \| GC \| \| \| \| - Partially refined calcium sulphate produced from flue gas desulphurisation (FGD) \| \| \| GC010 \| ex 262100 \| \| \| - Waste gypsum wallboard or plasterboard arising from the demolition of buildings [Import permitted the country without any licence or restriction.] \| \| \| \| \| \| \| -Sulphurin solid form \| \| \| \| \| \| \| - Limestone from production of calcium cyanamide (pH<9) [Import of limestone and other calcareous stones of a kind used for manufacture of lime or cement permitted in the country without any licence or restriction.] \| \| \| \| \| \| \| - Sodium, potassium, calcium chlorides \| \| \| \| \| \| \| - Carborundum (silicon carbide) \| \| \| \| \| \| \| - Broken concrete \| \| \| \| \| \| \| - Lithium tantalum & Lillium-niobium containing glass scraps \| \| \| \| \| \| B2050 \| Coal-fired power plant fly-ash unless it contains any of the constituents mentioned in Schedule 2 to the extent of concentration limits specified therein \| \| \| \| \| \| B2060 \| Spent activated carbon resulting from the treatment of potable water and processes of the food industry and vitamin production (note the related entry on list AA4160) \| \| \| \| \| \| B2070 \| Calcium fluoride sludge \| \| \| AB050 \| ex 281800 \| \| B2080 \| Waste gypsum arising from chemical industry processes unless it contains any of the constituents mentioned in Schedule 2 to the extent of concentration limits specified therein \| \| \| \| \| \| B2090 \| Waste anode butts from steel or aluminium production made of petroleum coke or bitumen and cleaned to normal industry specifications (excluding anode butts from chlor alkali electrolyses and from metallurgical industry) \| \| \| \| \| \| B2100 \| Waste hydrates of aluminum and waste alumina and residues from alumina production, arising from gas cleaning, flocculation or filtration process \| \| \| \| ex 281800 \| \| B2110 \| Bauxite residue ("red mud") (pH moderated to less than 11.5) (Note related entry on List A A4090) \| \| \| \| ex 260600 \| \| B2120 \| Waste acidic or basic solutions with a pH greater than 2 and less than 11.5, which are not corrosive or otherwise hazardous (note the related entry on list A A4090) \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| \| Base No. \| Description of Wastes \| Annex I\\ \| Annex III# \| OECD No. \| Customs Code \| \| B3 \| Wastes containing principally organic constituents, which may contain metals and inorganic materials \| \| \| \| \| \| B3010 \| Solid plastic waste [Restricted, import permitted in the country with DGFT licence only for reprocessing or reuse [except polyethylene terephthalate (PET) bottle waste/scrap].] : \| \| \| GH \| \| \| \| The following plastic or mixed plastic materials, provided they are not mixed with other wastes and are prepared to a specification: \| \| \| \| \| \| \| - Scrap plastic of non-halogenated polymers and copolymers, including but not limited to the following: \| \| \| \| \| \| \| Ethylene \| \| \| GH011 \| 391590 \| \| \| Styrene \| \| \| GH012 \| 391520 \| \| \| polypropylene \| \| \| GH014 \| 391590 \| \| \| polyethylene ere-phthalate \| \| \| GH014 \| 391590 \| \| \| acrylonitrile \| \| \| GH014 \| ex 391590 \| \| \| butadiene \| \| \| GH014 \| ex 391590 \| \| \| polyacetals \| \| \| \| \| \| \| polyamides \| \| \| GH014 \| ex 391590 \| \| \| polybutylenetere-phthalate \| \| \| GH014 \| ex 391590 \| \| \| polycarbonates \| \| \| GH014 \| ex 391590 \| \| \| polyethers \| \| \| \| \| \| \| polyphenylenesulphides \| \| \| GH014 \| ex 391590 \| \| \| acrylic polymers \| \| \| GH014 \| ex 391590 \| \| \| alkanesC10-C13 (plasticiser) \| \| \| \| \| \| \| polyurethane (not containing CFC's) \| \| \| GH014 \| ex 391590 \| \| \| polysiloxanes \| \| \| GH014 \| ex 391520 \| \| \| polymethylmethacrylate \| \| \| GH014 \| ex 391520 \| \| \| polyvinyl alcohol \| \| \| GH014 \| ex 391520 \| \| \| polyvinyl butyral \| \| \| GH014 \| ex 391520 \| \| \| Polyvinyl acetate \| \| \| GH014 \| ex 391520 \| \| \| - Cured waste resins or condensation products including the following: \| \| \| \| \| \| \| urea formaldehyde resins \| \| \| GH015 \| ex 391520 \| \| \| phenol formaldehyde resins \| \| \| GH015 \| ex 391520 \| \| \| melamine formaldehyde resins \| \| \| GH015 \| ex 391520 \| \| \| epoxy resins \| \| \| GH015 \| ex 391520 \| \| \| alkyd resins \| \| \| GH015 \| ex 391520 \| \| \| polyamides \| \| \| GH015 \| ex 391520 \| \| \| - The following fluorinated polymer wastes (excluding post-consumer wastes): \| \| \| \| \| \| \| Perfluoroethylene/ propylene \| \| \| \| \| \| \| Perfluoroalkoxyalkane \| \| \| \| \| \| \| Metafluoroalkoxyalkane \| \| \| \| \| \| \| polyvinylfluoride \| \| \| \| \| \| \| polyvinylidenefluoride \| \| \| \| \| \| B3020 \| Paper, paperboard and paper product wastes [Import permitted in the country without any licence or restriction.] \| \| \| \| \| \| \| The following materials, provided they are not mixed with hazardous wastes: \| \| \| \| \| \| \| Waste and scrap of paper or paperboard of: \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| \| Base No. \| Description of Wastes \| Annex I \| Annex III \| OECD No. \| Customs Code \| \| \| - unbleached paper or paperboard or of corrugated paper or paperboard \| \| \| \| \| \| \| - other paper or paperboard, made mainly ofbleached chemical pulp, not coloured in the mass \| \| \| \| \| \| \| - paper or paperboard made mainly of mechanical pulp (for example, newspapers, journals and similar printed matter) \| \| \| \| \| \| \| - other, including but not limited to (1) laminated paperboard (2) unsorted scrap. \| \| \| \| \| \| B3030 \| Textile wastes \| \| \| \| \| \| \| The following materials, provided they are not mixed with other wastes and are prepared to a specification: \| \| \| \| \| \| \| Silk waste (including cocoons unsuitable for reeling, yarn waste and garnetted stock) [Restricted, import permitted in the country with DGFT licence only for reprocessing or reuse. Import permitted without DGFT licence, if material is in completely mutilated form conforming to be requirement specified by Customs authorities.] \| \| \| \| \| \| \| - not carded or combed \| \| \| \| \| \| \| - other \| \| \| \| \| \| \| Waste of wool or of fine or coarse animal hair, including yarn waste but excluding garnetted stock \| \| \| \| \| \| \| - noils of wool or of fine animal hair \| \| \| \| \| \| \| - other waste wool or of fine animal hair \| \| \| \| \| \| \| - waste of coarse animal hair \| \| \| \| \| \| \| Cotton waste (including yarn waste and garnetted stock) \| \| \| \| \| \| \| - yarn waste (including thread waste) \| \| \| \| \| \| \| - garnetted stock \| \| \| \| \| \| \| - other \| \| \| \| \| \| \| Flax tow and waste \| \| \| \| \| \| \| Tow and waste(including yarn waste and garnetted stock) of true hemp(Cannabis sativa L.) [Restricted, import permitted in the country with DGFT licence only for reprocessing or reuse. Import permitted without DGFT licence, if material is in completely mutilated form conforming to be requirement specified by Customs authorities.] \| \| \| \| \| \| \| Tow and waste (including yarn waste and garnetted stock) of jute and other textile bast fibres (excluding flax, true hemp and ramie) \| \| \| \| \| \| \| Tow and waste (including yarn waste and garnetted stock) of sisal and other textile fibres of the genus Agave \| \| \| \| \| \| \| Tow, noils and waste (including yarn waste and garnetted stock) of coconut \| \| \| \| \| \| \| Tow, noils and waste (including yarn waste and garnetted stock) of abaca (Manila hemp or Musa textiles Nee) \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| \| BaselNo. \| Description of Wastes \| Annex I \| Annex III \| OECD No. \| Customs Code \| \| \| Tow, noils and waste (including yarn waste and garnetted stock of ramie and other vegetable textile fibres, not elsewhere specified or included \| \| \| \| \| \| \| Waste (including noils, yarn waste and garnetted stock) of man-made fibres \| \| \| \| \| \| \| - of synthetic fibres \| \| \| \| \| \| \| - of artificial fibres \| \| \| \| \| \| \| Worn clothing and other worn textile articles \| \| \| \| \| \| \| Used rags, scrap twine, cordage, rope and cables and worn out articles of twine, cordage, rope or cables of textile materials \| \| \| \| \| \| \| - sorted \| \| \| \| \| \| \| - other \| \| \| \| \| \| B3040 \| Rubber wastes \| \| \| \| \| \| \| The following materials, provided they are not mixed with other wastes: \| \| \| \| \| \| \| - Waste and scrap of hard rubber (e.g. ebonite) \| \| \| \| \| \| \| - Other rubber wastes (excluding such wastes specified elsewhere) \| \| \| \| \| \| B3050 \| Untreated cork and wood waste \| \| \| \| \| \| \| Wood waste and scrap, whether or not agglomerated in logs, briquettes, pellets or similar forms \| \| \| \| \| \| \| Corkwaste: crushed, granulated or ground cork \| \| \| \| \| \| B3060 \| Wastes arising from agro-food industries provided it is not infectious: \| \| \| \| \| \| \| Wine lees \| \| \| \| \| \| \| Dried and sterilized vegetable waste, residues and byproducts, whether or not in the form of pellets, of a kind used in animal feeding, not elsewhere specified or included \| \| \| GM100 \| 050690 \| \| \| Degras: residues resulting from the treatment of fatty substances or animal or vegetable waxes \| \| \| GM110 \| ex 051191 \| \| \| Waste of bones or horn cores unworked, defatted, simply prepared (but not cut to shape), treated with acid or degelatinised \| \| \| \| \| \| \| Fish waste [Prohibited under EXIM Policy (ITC-HS Classification)] \| \| \| \| \| \| \| Cocoa shells, husks, skins and other cocoa waste [Import permitted in the country without any licence or restriction.] \| \| \| \| \| \| \| Other wastes arising from agro-food industry excluding by-products which meet national and international requirements and standards for human or animal consumption \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| \| BaselNo. \| Description of Wastes \| Annex I \| Annex III \| OECD No. \| Customs Code \| \| B3070 \| The following wastes: \| \| \| \| \| \| \| - Waste of human hair [Import permitted in the country without any licence or restriction] \| \| \| \| \| \| \| - Waste straw \| \| \| \| \| \| \| - Deactivated fungus mycelium from penicillin production to be used as animal feed \| \| \| \| \| \| B3080 \| Waste parings and scrap of rubber [Restricted, import permitted in the country with DGFT licence only for reprocessing or reuse.] \| \| \| \| \| \| B3090 \| Paring and other wastes of leather or of composition leather not suitable for the manufacture of leather articles, excluding leather sludges, not containing hexavalent chromium compounds and biocides (note the related entry on list A A3100) \| \| \| \| \| \| B3100 \| Leather dust, ash, sludges or flours not containing hexavalent chromium compounds or biocides \| \| \| \| \| \| B3110 \| Fellmongerywastes not containing hexavalent chromium compounds or biocides or infectious substances \| \| \| \| \| \| B3120 \| Wastes consisting of food dyes \| \| \| \| \| \| B3130 \| Waste polymer ethers and waste non-hazardous monomer ethers incapable of forming peroxides \| \| \| \| \| \| B3140 \| Waste pneumatic tyres, excluding those which do not lead to resource recovery, recycling, reclamation or direct reuse \| \| \| \| \| \| B4 \| Wastes which may contain either inorganic or organic constituents \| \| \| \| \| \| B4010 \| Wastes consisting mainly of water-based/latex paints, inks and hardened varnishes not containing organic solvents, heavy metals or biocides to an extent to render them hazardous (note the related entry on list A A4070) \| \| \| \| \| \| B4020 \| Wastes from production, formulation and use of resins, latex, plasticizers, glues/adhesives, not listed on list A, free of solvents and other contaminants to an extent that they do not exhibit Annex III characteristics, e.g. water-based, or glues based on casein starch, dextrin, cellulose ethers, polyvinyl alcohols (note the related entry on list A A3050) \| \| \| \| \| \| B4030 \| Used single-use cameras, with batteries not included on list A \| \| \| \| \| Part B – LIST OF HAZARDOUS CHARACTRISTICS ------------------------------------------- \| \| \| \| --- \| --- \| \| Code \| Characteristic \| \| 1 \| Explosive \| \| \| An explosive substance or waste is a solid or liquid substance or waste (or mixture of substances or wastes) which is in itself capable by chemical reaction of producing gas at such a temperature and pressure and at such speed as to cause damage to the surroundings (UN Class 1; HI). \| \| 3 \| Flammable Liquids \| \| \| The word "flammable" has the same meaning as "inflammable". Flammable liquids are liquids, or mixtures of liquids, or liquids containing solids in solution or suspension (for example, paints, varnishes, lacquers, etc., but not including substances or wastes otherwise classified on account of their dangerous characteristics) which give off a flammable vapour at temperatures of not more than 60.5ºC, closed-cup test, or not more than 65.5ºC, open-cup test. (Since the results of open-cup tests and of closed-cup tests are not strictly comparable and even individual results by the same test are often variable, regulations varying from the above figures to make allowance for such differences would be within the spirit of this definition). \| \| 4.1 \| Flammable Solids \| \| \| Solids, or waste solids, other than those classed as explosives, which under conditions encountered in transport are readily combustible, or may cause or contribute to fire through friction. \| \| 4.2 \| Substances or wastes liable to spontaneous combustion \| \| \| Substances or wastes which are liable to spontaneous heating under normal conditions encountered in transport, or to heating up on contact with air, and being then liable to catch fire. \| \| 4.3 \| Substances or wastes, which in contact with water emit flammable gases \| \| \| Substances or wastes which, by interaction with water, are liable to become spontaneously flammable or to give off flammable gases in dangerous quantities. \| \| 5.1 \| Oxidizing \| \| \| Substances or wastes which, while in themselves not necessarily combustible, may, generally by yielding oxygen cause, or contribute to, the combustion of other materials. \| \| 5.2 \| Organic Peroxides \| \| \| Organic substances or wastes which contain the bivalent-O-O-structure are thermally unstable substances which may undergo exothermic self-accelerating decomposition. \| \| 6.1 \| Poisons (Acute) \| \| \| Substances or wastes liable either to cause death or serious injury or to harm health if swallowed or inhaled or by skin contact. \| \| 6.2 \| Infectious substances \| \| \| Substances or wastes containing viable micro organisms or their toxins which are known or suspected to cause disease in animals or humans. \| \| 8 \| Corrosives \| \| \| Substances or wastes which, by chemical action, will cause severe damage when in contact with living tissue, or, in the case of leakage, will materially damage, or even destroy, other goods or the means of transport; they may also cause other hazards. \| \| 10 \| Liberation of toxic gases in contact with air or water \| \| \| Substances or wastes which, by interaction with air or water, are liable to give off toxic gases in dangerous quantities. \| \| 11 \| Toxic (Delayed or chronic) \| \| \| Substances or wastes which, if they are inhaled or ingested or if they penetrate the skin, may involve delayed or chronic effects, including carcinogenicity). \| \| 12 \| Ecotoxic \| \| \| Substances or wastes which if released present or may present immediate or delayed adverse impacts to the environment by means of bioaccumulation and/or toxic effects upon biotic systems. \| \| 13 \| Capable by any means after disposal, of yielding another material, e.g., leachate, which possesses any of the characteristics listed above. \| Schedule 4 ------------ [See rule 3 (20) , 19 (1) and 20(1)] LIST OF NON-FERROUS METAL WASTES APPLICABLE FOR REGISTRATION OF RECYCLERS \| \| \| \| --- \| --- \| \| Waste Category \| Waste Type \| \| 1 \| 2 \| \| 1 \| Brass Scrap \| \| 2 \| Brass Dross \| \| 3 \| Copper Scrap \| \| 4 \| Copper Dross \| \| 5 \| Copper Oxide mill scale \| \| 6 \| Copper reverts, cake and residue \| \| 7 \| Waste Copper and copper alloys \| \| 8 \| Slags from copper processing for further processing or refining \| \| 9 \| Insulated Copper Wire Scrap/copper with PVC sheathing including ISRI-code material namely "Druid" \| \| 10 \| Jelly filled copper cables \| \| 11 \| Spent cleared metal catalyst containing copper \| \| 12 \| Nickel Scrap \| \| 13 \| Spent catalyst containing nickel, cadmium, zinc, copper and arsenic \| \| 14 \| Zinc Scrap \| \| 15 \| Zinc Dross-Hot dip Galvanizers SLAB \| \| 16 \| Zinc Dross-Bottom Dross \| \| 17 \| Zinc ash/skimmings arising from galvanizing and die casting operations \| \| 18 \| Zinc ash/skimming/other zinc bearing wastes arising from smelting and refining \| \| 19 \| Zinc ash and residues including zinc alloy residues in dispersible form \| \| 20 \| Spent cleared metal catalyst containing zinc \| \| 21 \| Mixed non-ferrous metal scrap \| \| 22 \| Lead acid battery plates and other lead scrap/ashes/residues not covered under Batteries (Management and Handling) Rules, 2001.] \| [SCHEDULE 5] [Notification G.S.R. 620(E) , dated 6-9-1995 is hereby rescinded.] [See rule 3 (34) ] SPECIFICATION FOR USED OIL SUITABLE FOR RE-REFINING \| \| \| \| \| --- \| --- \| --- \| \| Sl. No. \| Parameter \| Maximum Permissible Limit \| \| 1 \| 2 \| 3 \| \| 1. \| Colour \| 8 hazen units \| \| 2. \| Water \| 15% \| \| 3. \| Density \| 0.85 to 0.95 \| \| 4. \| Kinemetic Viscosity cst at 100oC \| 1.0 to 32 \| \| 5. \| Dilutents \| 15% vol. \| \| 6. \| Neutralisation No. \| 3.5 mg KOH/g \| \| 7. \| Saponification value \| 18 mg KOH/g \| \| 8. \| Total halogens \| 4000 ppm \| \| 9. \| Polychlorinated biphenyls (PCBs) \| Below detection limit \| \| 10. \| Lead \| 100 ppm \| \| 11. \| Arsenic \| 5 ppm \| \| 12. \| Cadmium+Chromium+Nickle \| 500 ppm \| \| 13. \| Polyaromatic hydrocarbons (PAH) \| 6% \| Schedule 6 ------------ [See rule 3(35) and 20(2)] SPECIFICATIONS FOR WASTE OIL SUITABLE FOR RECYCLING \| \| \| \| \| --- \| --- \| --- \| \| Sl. No. \| Parameter \| Limit \| \| 1 \| 2 \| 3 \| \| 1. \| Sediment \| 5% (maximum) \| \| 2. \| Heavy Metals (cadmium+chromium+nickel+lead+arsenic) \| 605 ppm maximum \| \| 3. \| Polyaromatic hydrocarbons (PAH) \| 6% maximum \| \| 4. \| Total halogens \| 4000 ppm maximum \| \| 5. \| Polychlorinated biphenyls (PCBs) \| Below Detection Limit \| Schedule 7 ------------ [See rule 4-B and 12 (4) ] LIST OF AUTHORITIES AND CORRESPONDING DUTIES \| \| \| \| \| --- \| --- \| --- \| \| S. No. \| Authority \| Corresponding Duties \| \| 1 \| 2 \| 3 \| \| 1. \| Ministry of Environment and Forests under the Environment (Protection) Act, 1986 \| (i) Identification of hazardous wastes [Rule 3(14)] \| \| \| \| (ii) Permission to exporters [rule 14] \| \| \| \| (iii) Permission to importers [rule 13] \| \| \| \| (iv) Permission for transit of hazardous wastes throughIndia[rule 12(2)] \| \| 2. \| Central Pollution Control Board constituted under the Water (Prevention and Control of Pollution) Act, 1974 \| (i) Co-ordination of activities of State Pollution Control Boards/Committees \| \| \| \| (ii) Conduct training courses for authorities dealing with management of hazardous wastes \| \| \| \| (iii) Recommend standards and specifications for treatment and disposal of wastes and leachates Recommend procedures for characterization of hazardous wastes. \| \| \| \| (iv) Sector specific documentation to identify waste streams(s) for inclusion in Hazardous Wastes Rules \| \| \| \| (v) Prepare guidelines to prevent/reduce/minimize the generation and handling of hazardous wastes \| \| \| \| (vi) Registration and renewal of registration of Recyclers/Re-refiners of non-ferrous metal wastes and used oil/waste oil [Rule 19] \| \| \| \| (vii) Any other function under Rules delegated by the Ministry of Environment and Forests \| \| 3. \| State Government/Union Territory Government/ Administration \| (i) Identification of site(s) for common treatment, storage and disposal facility (TSDF) [Rule 8(2)] \| \| \| \| (ii) Assess EIA reports and convey the decision of approval of site or otherwise [rule 8(6)] \| \| \| \| (iii) Acquire the site or inform operator of facility or occupier or association of occupiers to acquire the site [Rule 8(7)] \| \| \| \| (iv) Notification of sites [Rule 8(7)] \| \| \| \| (v) Publish periodically an inventory of all disposal sites in the State/Union territory [Rule 8(7)] \| \| 4. \| State Pollution Control Boards or Pollution Control Committees constituted under the Water (Prevention and Control of Pollution) Act, 1974 \| (i) Inventorisation of hazardous wastes [Rule 9(3)] \| \| \| \| (ii) Grant and renewal of authorisation [Rule 5] \| \| \| \| (iii) Monitoring of compliance of various provisions and conditions of authorisation including exports and imports \| \| \| \| (iv) Issue of public notice and conduct public hearing [Rule 8(4)] \| \| \| \| (v) Examining the applications for imports submitted by the importers and forwarding the same to Ministry of Environment and Forests [Rule 13 (1) & (2)] \| \| \| \| (vi) Implementation of programmes to prevent/reduce/minimize the generation of hazardous wastes \| \| \| \| (vii) Action against violations of Hazardous Wastes (Management and Handling) Rules, 1989 \| \| 5. \| Directorate General of Foreign Trade constituted under the Foreign Trade (Development and Regulation) Act, 1992. \| (i) Grant of licence for import of hazardous wastes [Rule 13 (5) ] \| \| \| \| (ii) Refusal of license for hazardous wastes prohibited for imports or export [Rule 12(7)] \| \| 6. \| Port Authority under Indian Ports Act, 1908 ( 15 of 1908 ) and Customs Authority under the Customs Act, 1962 (52 of 1962). \| (i) Verify the documents [Rule 13 (6)] \| \| \| \| (ii) Inform the Ministry of Environment and Forests of any illegal traffic [Rule 15] \| \| \| \| (iii) Analyse wastes permitted for imports and exports \| \| \| \| (iv) Train officials on the provisions of the Hazardous Wastes Rules and in the analysis of hazardous wastes \| \| \| \| (v) Take action against export/import violations under the Indian Ports Act, 1908/Customs Act, 1962 \| Schedule 8 ------------ [See rule 12 (1) ] HAZARDOUS WASTES PROHIBITED FOR IMPORT AND EXPORT \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| S. No. \| Basel\* No.\* \| OECD\\ No. \| Descriptionof material \| \| 1 \| 2 \| 3 \| 4 \| \| 1. \| A 1010 \| AA 100 \| Mercury \| \| 2. \| A 1030 \| AA 100 \| Waste having Mercury: Mercury Compounds as constituents or contaminants \| \| 3. \| A 1010 \| AA 070 \| Beryllium \| \| 4. \| A 1020 \| AA 070 \| Waste having Beryllium: Beryllium Compounds as constituents or contaminants \| \| 5. \| A 1010 \| AA 090 \| Arsenic \| \| 6. \| A 1030 \| AA 090 \| Waste having Arsenic: Arsenic compounds as constituents or contaminants \| \| 7. \| A 1010 \| AA 070 \| Selenium \| \| 8. \| A 1020 \| AA 070 \| Waste having Selenium; Selenium Compounds as constituents or contaminants \| \| 9. \| A 1010 \| AA 080 \| Thallium \| \| 10. \| A 1030 \| AA 080 \| Waste having Thallium; Thallium Compounds as constituents or contaminants \| \| 11. \| A 1040 \| AA 070 \| HexavalentChromium Compounds \| \| 12. \| A 1140 \| \| Wastes Cupric Chloride and Copper Cyanide Catalysts \| \| 13. \| A 2020 \| \| Waste inorganic fluorine compounds in the form of liquids or sludge but excluding calcium fluoride sludge \| \| 14. \| A 2040 \| \| Waste gypsum arising from chemical industry processes if it contains any of the constituents mentioned in Schedule 2 to the extent of concentration limits specified therein \| \| 15. \| A 2050 \| RB 010 \| Waste Asbestos (Dust and Fibres) \| \| 16. \| A 2060 \| \| Coal fired power plant fly ash if it contains any of the constituents mentioned in Schedule 2 to the extent of concentration limits specified therein \| \| 17. \| A 3030 \| \| Wastes that consist of or are contaminated with leaded anti-knock compound sludge or leaded petrol (gasoline) sludges. \| \| 18. \| A 3040 \| \| Waste thermal (heat transfer) fluids. \| \| 19. \| A 3060 \| \| Waste Nitrocellulose. \| \| 20. \| A 3090 \| \| Waste leather dust, ash, sludges and flours when containing hexavalent chromium compounds or biocides. \| \| 21. \| A 3100 \| \| Waste paring and other waste of leather or of composition leather not suitable for the manufacture of leather articles containing hexavalent chromium compounds or biocides. \| \| 22. \| A 3110 \| \| Fellmongerywastes containing hexavalent chromium compounds or biocides or infectious substances. \| \| 23. \| A 3150 \| \| Waste halogenated organic solvents. \| \| 24. \| A 3180 \| AC 120 \| Waste, Substances and articles containing, consisting of or contaminated with polychlorinated biphenyles (PCB) and/or polychlorinated terphenyls. (PCT) and/or polychlorinated naphthalene's (PCN) and/or polybrominated biphenyl's (PBB) or any other polybrominated analogues of these compounds \| \| 25. \| A 3190 \| \| Waste tarry residues (excluding asphalt cements) arising from refining, distillation and pyrolitic treatment of organic materials) \| \| 26. \| A 4020 \| \| Clinical and related wastes; that is wastes arising from medical, nursing, dental, veterinary, or similar practices and wastes generated in hospital or other facilities during the investigation or treatment of patients, or research projects. \| \| 27. \| A 4030 \| AD 020 \| Waste from the production, formulation and use of biocides and phyto-pharmaceuticals, including waste pesticides and biocides which are off-specification, out-dated, and/or unfit for their originally intended use. \| \| 28. \| A 4050 \| AD 040 \| Waste that contain, consist of, or are contaminated with any of the following; \| \| \| \| \| Inorganic cyanides, excepting precious metal bearing residues in solid form containing traces of inorganic cyanides.\|- \| \| \| \| Organic cyanides.\|- \| 29. \| A 4060 \| \| Waste oil/water, hydrocarbons/water mixtures, emulsions \| [FORM 1] [Substituted by S.O. 593(E) , dated 20-5-2003 (w.e.f. 23-5-2003).] [See rules 3(2) , 5(2)(3) and (6) (ii)] APPLICATION FOR OBTAINING AUTHORISATION FOR COLLECTION/RECEPTION/TREATMENT/TRANSPORT/STORAGE/DISPOSAL OF HAZARDOUS WASTES\* From .................................... .................................... .................................... To The Member-Secretary, ............ Pollution Control Board, ..................................................... ..................................................... Sir, I/We hereby apply for authorisation/renewal of authorisation under sub-rule (2) and (3) and clause (ii) of sub-rule (6) of rule 5 of the Hazardous Wastes (Management and Handling) Rules, 1989, for collection/reception/treatment/transport/storage/disposal of hazardous wastes. FOR OFFICE USE ONLY ### 1. Code No. : ### 2. Whether the unit is situated in a critically polluted area as identified by Ministry of Environment and Forests; TO BE FILLIED IN BY APPLICANT Part A – GENERAL ------------------ ### 3. (a) Name and address of the unit and location of activity: (b) Authorisation required for (Please tick mark appropriate activity/activities) : (i) collection (ii) reception (iii) treatment (iv) transport (v) storage (vi) disposal (c) In case of renewal of authorisation previous authorisation number and date: ### 4. (a) Whether the unit is generating hazardous waste as defined in the Hazardous wastes (Management and Handling) Rules, 1989 and amendments made thereunder; (b) If so the type and quantity of wastes: ### 5. (a) Total capital invested on the project : (b) Year of commencement of production : (c) Whether the industry works general/2 shifts/round the clock : ### 6. (a) List and quantum of products and by-products : (b) List and quantum of raw material used : ### 7. Furnish a flow diagram of manufacturing process showing input and output in terms of products and waste generated including for captive power generation and demineralised water. \Delete whichever is not applicable. Part B – SEWAGE AND TRADE EFFLUENT ------------------------------------ ### 8. Quantity and source of water for : (a) Cooling m³/d : (b) Process m³/d : (c) Domestic use m³/d : (d) Others m³/d : ### 9. Sewage and trade effluent discharge : (a) Quantum of discharge m³/d : (b) Is there any effluent treatment plant : (c) If yes, a brief description of unit operations with capacity : (d) Characteristics of final effluent: pH Suspended solids Dissolved solids Chemical Oxygen Demand (COD) Bio-Chemical Oxygen Demand \[( BOD5/20ºC/B0D3/27ºC] Oil and grease (Additional parameters as specified by the concerned Pollution Control Board) (e) Mode of disposal and final discharge point : (enclose map showing discharge point) : (f) Parameters and Frequency of self monitoring : [\] Read BOD (3 days at 27ºC ) Part C – STACK (CHIMNEY) AND VENT EMISSIONS --------------------------------------------- ### 10. (a) Number of stacks and vents with height and dia (m) (b) Quality and quantity of stack emission from each of the above stacks-particulate matter and Sulphar Dioxide (SO2) (Additional parameters as specified by the concerned Pollution Control Board) (c) A brief account of the air pollution control unit to deal with the emission: (d) Parameters and Frequency of self monitoring: Part D – HAZARDOUS WASTES --------------------------- ### 11. Hazardous Wastes : (a) Type of hazardous wastes generated as defined under the Hazardous Wastes (Management and Handling) Rules, 1989: (b) Quantum of hazardous waste generated: (c) Mode of storage within the plant, method of disposal and capacity: ### 12. (a) Hazardous Chemicals as defined under the Manufacture, Storage and Import of Hazardous Chemicals Rules, 1989: (b) Whether any isolated storage is involved (if yes, attach details): Yes / No Part E – TREATMENT, STORAGE AND DISPOSAL FACILITY --------------------------------------------------- ### 13. Detailed proposal of the facility (to be attached) to include : (i) Location of site (provide map). (ii) Name of waste processing technology. (iii) Details of processing technology. (iv) Type and Quantity of waste to be processed per day. (v) Site clearance (from local authority, if any). (vi) Utilisation programme for waste processed (Product Utilisation). (vii) Method of disposal (details in brief be given). (viii) Quantity of waste to be disposed per day. (ix) Nature and composition of waste. (x) Methodology and operational details of landfilling/incineration. (xi) Measures to be taken for prevention and control of environmental pollution including treatment of leachates. (xii) Investment on Project and expected returns. (xiii) Measures to be taken for safety of workers working in the plant Place........................................ Date......................................... Signature......................................... Designation..................................... FORM 2 [See rules 3(c) and 5(5)] [FORM FOR GRANT OF AUTHORISATION FOR OCCUPIER OR OPERATOR HANDLING HAZARDOUS WASTES] [Substituted by S.O. 24(E) , dated 6.1.2000 (w.e.f. 6.1.2000).] ### 1. Number of authorisation and date of issue.......... ### 2. ...........of.........is hereby granted an authorisation to operate a facility for collection, reception, treatment, storage, transport and disposal of hazardous waste on the premises situated at............... ### 3. The authorisation granted to operate a facility for collection, reception, treatment, storage, transport and disposal of hazardous wastes. ### 4. The authorisation shall be in force for a period of..........years from the date of issue. ### 5. The authorisation is subject to the conditions stated below and to such conditions as may be specified in the rules for the time being in force under the Environment (Protection) Act, 1986. Date......................................... Signature................................... Designation................................. TERMS AND CONDITIONS OF AUTHORISATION ### 1. The authorisation shall comply with the provisions of the Environment (Protection) Act, 1986, and the Rules made thereunder. ### 2. The authorisation or its renewal shall be producd for inspection at the request of an officer authorised by the [State Pollution Control Board or Committee] [Substituted by S.O. 625(E) , dated 3.9.1996 (w.e.f. 3.9.1996).] . ### 3. The person authorised shall not rent, lend, sell, transfer or otherwise transport the hazardous wastes without obtaining prior permission of the [State Pollution Control Board or Committee] [Substituted by S.O. 625(E) , dated 3.9.1996 (w.e.f. 3.9.1996).] . ### 4. Any unauthorised change in personnel, equipment or working conditions as mentioned in the application by the person authorised shall constitute a beach of his authorisation. ### 5. It is the duty of the authorised person to take prior permission of the [State Pollution Control Board or Committee] [Substituted by S.O. 625(E) , dated 3.9.1996 (w.e.f. 3.9.1996).] to close down the facility. ### 6. An Application for the renewal of an authorisation shall be made as laid down in rule 5(6) (ii). FORM 3 [See rule 9(1) ] FORMAT FOR MAINTAINING RECORDS OF HAZARDOUS WASTES AT THE FACILLITY ### 1. Name and address of hte occupier or operator of a facility ### 2. Date of issuance of authorisation and its reference number. ### 3. Description of hazardous waste: \| \| \| \| \| --- \| --- \| --- \| \| Physical form with description \| Chemical form \| Total volume and weight (in kgs.) \| \| \| \| \| ### 4. Description of storage and treatment of hazardous wastes : \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| Date \| Method of storage of hazardous wastes: \| Date \| Method of treatment of hazardous wastes \| \| \| \| \| \| ### 5. Details of transportation of hazardous waste : \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| Name and address of the consignee of the package \| Mode of packing of the waste for transportation \| Mode of transportation to site of disposal \| Date of transportation \| \| \| \| \| \| ### 6. Details of disposal of hazardous waste : \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| Date of disposal \| Concentration of hazardous material in the final waste form \| Site of disposal (identify the location on the relevant layout drawing for reference) \| Method of disposal \| Persons involved in disposal \| \| \| \| \| \| \| ### 7. Data on environmental surveillance: \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| Date of measurement \| Analysis of ground water \| Analysis of soil water \| Analysis of air sampling \| Analysis of any other samples (give details) \| \| Location of sampling \| Depth of sampling \| Data \| Location of sampling \| Depth of sampling \| Data \| Location of sampling \| Data \| ### 8. [ Details of the hazardous wastes reused and recycled] [Inserted by S.O. 24(E) , dated 6.1.2000 (w.e.f. 6.1.2000).] - \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| \| Date \| Total quantity of hazardous waste generated \| Details of hazardous waste minimization activity \| Material received \| Final quantity of waste generated \| Net reduction in waste generation quantity and percentage \| \| \| \| \| \| \| \| Place................................ Date.................................. Signature.................................... Designation.................................. [FORM 4] [Substituted by S.O. 593(E) , dated 20.5.2003 (w.e.f. 23.5.2003).] [See rule 9(2) ] FORM FOR FILING RETURNS REGARDING HANDLING OF HAZARDOUS WASTES (To be submitted to the State Pollution Control Board/Committee by 31st January of every year) ### 1. Name and address of the Occupier/Operator of Facility: ### 2. Categories of wastes generated and quantity (in metric tonnes): ### 3. Details of waste treatment operations: ### 4. Details of waste disposal operations: \| \| \| \| --- \| --- \| \| S.No. \| Description of Hazardous Waste \| \| \| Date of issuance of authorization for the disposal of hazardous waste and its reference number \| Physical form and contents \| Chemical form \| Total Volume of the hazardous waste disposed with no. of packages \| Mode of transportation to the site of disposal \| Site of disposal (attach a sketch showing the location(s) of disposal) \| Brief description of the method of disposal \| Date of disposal \| Remarks (if any) \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| 7 \| 8 \| 9 \| 10 \| \| \| \| \| \| \| \| \| \| \| \| ### 5. Details of environmental surveillance : \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| Date of other measurement details \| Analysis of ground water samples \| Analysis of soil samples \| Analysis of air sampling \| Analysis of any other samples (give details) \| \| Location of sampling \| Depth of sampling \| Data \| Location of sampling \| Depth of sampling \| Data \| Location of sampling \| Data \| \| \| \| \| \| \| \| \| \| \| \| \| Place...................... \| \| \| \| \| \| \| Signature............................. \| \| Date........................ \| \| \| \| \| \| \| Designation.......................... \| FORM 5 (See rule 10) \| \| \| \| \| --- \| --- \| --- \| \| 1. \| The date and time of the accident \| : \| \| 2. \| Sequence of events leading to accident \| : \| \| 3. \| The hazardous waste involved in accident \| : \| \| 4. \| The data of assessing the effects or the accident on health of the environment \| : \| \| 5. \| The emergency measures taken \| : \| \| 6. \| The steps taken to alleviate the effects of accidents \| : \| \| 7. \| The steps taken to prevent of recurrence of such an accidents \| : \| [Place................................. Date................................... Signature............................... Designation...........................] [FORM 6] [Substituted by S.O. 24(E) , dated 6-1-2000 (w.e.f. 6-1-2000).] [See rule 13(1) ] APPLICATION FOR IMPORTING HAZARDOUS/RECYCLABLE WASTES AS RAW MATERIALS From ............................... ............................... ............................... TO BE MAILED BY IMPORTER To The Member-Secretary ..................Pollution Control Board, .................................................. .................................................. Sir, I/We apply for "No Objection" of authorisation under sub-rule (1) or rule 13 of the Hazardous Wastes (Management & Handling) Rules, 1989, amended in 1999 for importing/exporting hazardous/recyclable wastes to use as raw materials. \| \| \| --- \| \| FOR OFFICE USE ONLY \| \| 1. \| Code No.: \| \| 2. \| Whether the unit is situated in a critically polluted area as identified by the Ministry of Environment and Forests: \| \| TO BE FILLED IN BY APPLICANT \| \| PART 1: \| (To be filled by exporter or a person authorised by the exporter) \| \| 1. \| Name and Address of the Exporter \| \| 2. \| Details of material (hazardous wastes in the form of raw material) to be exported. \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| \| Sl. No. \| Particulars \| Six digit Code No. \| Purity expected \| Quantity \| Whether any special handling requirement? \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| ### 3. The material permitted shall be fully insured for transit as well as for any accidental occurrence and its cleanup operation. ### 4. The exported material shall be taken back, if it creates a genuine environmental hazard or shall take all such measures to treat and dispose in an environmentally benign manner upto the satisfaction of concerned SPCB. All such costs involved in such operation shall be borne by Exporter and/or Importer. Part 2 – (To be filled in by Importer) ---------------------------------------- ### 1. Name and Address: ### 2. Whether Authorisation it obtained in Form 2: Yes/No ### 3. Details of material to be imported \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| \| Sl. No. \| Particulars \| Six digit Code No.\ \| Purity expected \| Quantity \| Whether any special handling requirement? \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \(Here enter as reference nomenclature, the equivalent six digit code No. from European Waste Catalogue EWC, issued pursuant to the Art. 1(a) of Council Directive 75/442/EEC on waste or its equivalent as the case may be). ### 4. Whether you have received such imported hazardous wastes in the form of raw materials in the past and if yes give details. \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| Sl. No. \| Name of material \| Country of Export \| Year \| Quantity in tonnes \| \| \| \| \| \| \| \| \| \| \| \| \| ### 5. Whether the importer has : \| \| \| \| \| --- \| --- \| --- \| \| (a) \| Adequate facility to handle the hazardous waste in the form of this raw material, if yes, furnish details \| Yes/No \| \| (b) \| Adequate facility to handle the hazardous wastes generated by the use of such imported hazardous wastes in the form of his raw material \| Yes/No \| \| (c) \| Requisite laboratory testing facility \| Yes/No \| ### 6. Break-up of the imported material: (a) The total quantity applied for.....................T (b) Out of (a) above, how much quantity after initial in-situ purification will be available as raw material..............T (c) Out of (b) above, how much quantity will be converted to be useful product or co-product ...........................T ### 7. Means of Transport (Road, Rail, Inland Waterway, Sea, Air) including country of export, transit and import, also point of entry and exit where these have been designated. ### 8. Information on special handling requirements including emergency provisions in case of accident (Attach separate sheet) ### 9. Undertaking : I hereby solemnly undertake that ### 1. The full consignment shall be cleared in one lot by arranging authorised transporter under my supervision with due prior intimation to the Board, district Collector and Police station and the imported material shall be admitted in an enclosure especially provided in the premises. ### 2. The material permitted shall be fully insured for transit as well as for any accidental occurrence and its clean-up operation. ### 3. The record of consumption and fate of the imported material shall be monitored and report sent to the Board every fortnight. ### 4. At every step of consumption of 25, 50, 75 and 100% of the imported material, the situation in the store shall be shown to the Board authority at our cost. ### 5. The hazardous wastes which gets generated in our premises by the use of imported hazardous wastes in the form of raw material, shall be treated and disposed of and only as per conditions of authorisation. ### 6. I/We agree to share the cost and joint to exporter in undertaking the measures as per undertaking given by Exporter at Part A, column No. 12(3) of this Form 6. ### 7. I am aware that there are significant penalties for submitting a false certificate/undertaking/disobedience of the rules and lawful orders including the possibility of fine and imprisonment. Exporter Signature................................. Designation............................... Date..................................... Place.................................... Importer Signature ............................ Designation........................... Date..................................... Place.................................... FORM 6-A [See rule 13(8) ] (Format for maintaining records of hazardous waste imported and exported) ### 1. Name and address of the importer: ### 2. Date and reference number of issuance of permission to import hazardous wastes: ### 3. Description of hazardous waste: (a) Physical form: (b) Chemical form: (c) Total volume and weight (in kilograms): (d) Test report as per rule 13(6): ### 4. Description of storage, treatment and reuse of hazardous waste: (a) Date: (b) Method of storage: (c) Method of treatment and reuse (give details): FORM 7 [See rules 13(5) and (6)] TRANSBOUNDARY MOVEMENT OF WASTE-NOTIFICATION \| \| \| \| --- \| --- \| \| 1. Exporter (Name & Address) \| 3. Notification concerning (1) :Notification N2 \| \| \| A. (i) Single movementB. Recovery operation \| \| Contact person: Tel: \| (ii) General notification (multiple movements) \| \| Fax/Telex: \| \| \| Reason for export: \| C. Pre-authorized recovery facility (1) Yes No \| \| 2. Importer/Recycler (Name & Address) \| 4. Total intended number of shipments: \| 5. Estimated quantity (3) : \| \| \| Kg \| \| \| Litres \| \| Contact person: Tel: Fax/Telex: \| 6. Intended date(s) or period of time for shipment(s) \| \| 9. Method(s) of recycling (4) : R Code Technology employed : \| \| 7. Intended carrier(s) Name, address (2) : Contact person: Tel: Fax /Telex: \| 10. Means of transport (4) : \| \| 11. Packaging type(s) (4): \| \| 8. Waste generator(s) Name, address (2) : Contact person: Tel.: Fax/Telex: Site of generation and process: \| 12. (i) Designation and complete chemical composition of waste (attach details) \| \| (ii) Special handling requirements \| \| 13. Physical characteristics (4) : \| \| 14. Waste identification code BaselNo: UN No: Customs Code (H.S.): \| OECD No.: ITCC (HS) : Other (specify) \| 16. Y-Number (4) : \| \| 17. H-number (4) : \| \| 15. OECD classification (1) : amber Red and number: Other\ \(attach details) \| 18. (i) UN identification N2 UN shipping name \| (ii) UN class (4): \| \| 19. Concerned States, code number of competent authorities, and specific points of entry and exit: \| \| State of export \| States of transit \| State of import \| \| 20. Customs offices of entry and/or departure Entry: Departure: \| 21. Exporter's/Generator's declaration: I certify that the information is complete and correct to my best knowledge. I also certify that legally-enforceable written contractual obligations have been entered into and that any applicable insurance or other financial guarantees are or shall be in force covering the trans boundary movement. Name:Signature: Date: \| \| 22. Number of annexes attached \| \| FOR USE BY COMPETENT AUTHORITIES \| \| 23. To be completed by competent authority of -import Notification received on: -transit (Basel) Acknowledgement sent on: Name of competent authority, Stamp and/or signature \| 24. Consent to the movement provided by the competent authority of (country) : \| \| \| \| Consent given on: \| Consent expires on: \| \| Specific conditions overleaf/annex (1) \| Yes, see block 24 \| \| \| No \| \| Name of competent authority, Stamp and/or signature \| (1) Enter X in appropriate box (2) Attach list if more than one (3) Attach detailed list of multiple shipment (4) See Codes on the reverse. LIST OF ABBREVIATIONS USED IN THE MOVEMENT DOCUMENT Recovery Operations (Block 9) R1. Used as a fuel (other than in direct incineration) or other means to generate energy R2. Solvent reclamation/regeneration R3. Recycling/reclamation of organic substances which are not used as solvents R4. Recycling/reclamation of metals and metal compounds R5. Recycling/reclamation of other inorganic materials R6. Regeneration of acids or bases R7. Recovery of components used for pollution abatement R8. Recovery of components from catalysis R9. Used oil re-refining or other reuses of previously used oil R10. Land treatment resulting in benefit to agriculture or ecological improvement R11. Uses of residual materials obtained from any of the operations numbered R1 to R10 R12. Exchange of wastes for submission to any of the operations numbered R1 and R11 R13. Accumulation of material intended for any operation numbered R1 to R12 \| \| \| \| \| --- \| --- \| --- \| \| MEANS OF TRANSPORT (Block 8-10) \| PACKAGING TYPES (Block 16) \| H NUMBER AND UN CLASS (Block 17) \| \| R = Road T = Train/Rail S=Sea A=Air W = Inland Waterways \| 1. Drum 2. Wooden barrel 3.Jerrican 4. Box 5. Bag 6. Composite packaging 7. Pressure receptacle 8. Bulk 9. Other (specify) \| UN Class H. No. Designation \| \| \| \| \| \| \| \| \| \| 1 \| H1 \| Explosive \| \| 3 \| H3 \| Inflammable liquids \| \| 4.1 \| H4.1 \| Inflammable solids \| \| 4.2 \| H4.2 \| Substances or wastes liable to Air Spontaneous combustion \| \| 4.3 \| H4.3 \| Substances or wastes which, in W contact with water emit inflammable gases \| \| 5.1 \| H5.1 \| Oxidizing \| \| PHYSICAL CHARACTERISTICS (Block 12) \| 5.2 \| H5.2 \| Organic peroxides \| \| 1. Powdery/powder \| 5. Liquid \| 6.1 \| H6.1 \| Poisonous (acute) \| \| 2. Solid \| 6. Gaseous \| 6.2 \| H6.2 \| Infectious substances \| \| 3. Viscous/paste \| 7. Other (specify) \| 8 \| H8 \| Corrosives \| \| 4. Sludge \| \| 9 \| H10 \| Liberation of toxic gases in contact with air or water \| \| \| \| 9 \| H11 \| Toxic (delayed or chronic) \| \| \| \| 9 \| H12 \| Ecotoxic \| \| \| \| 9 \| H13 \| Capable, by any means, after disposal of yielding another material, e.g.,leachate, which possesses any of the characteristics listed above \| FOR USE BY CUSTOMS OFFICES \| \| \| \| --- \| --- \| \| 25. Country of Export/Dispatch or Customs Office of Exit \| 27. Stamps of Customs Offices of Transit Countries \| \| The waste described overleaf has left the Country on: \| Entry \| Departure \| Entry \| Departure \| \| Stamp: \| \| \| \| \| \| Signature \| \| \| \| \| \| 26. Country of Import/ Destination \| Name of Country: \| Name of Country: \| \| The waste described overleaf has entered the country on: \| \| \| \| \| \| Stamp: \| Entry \| Departure \| Entry \| Departure \| \| Signature: \| \| \| \| \| FORM 7-A [See rules 12(5) and 14(4)] TRANSBOUNDARY MOVEMENT OF WASTE-MOVEMENT DOCUMENT \| \| \| \| \| --- \| --- \| --- \| \| 1. (i) Exporter (name, address) \| 3. Corresponding to \| 4. Serial Number of shipment \| \| \| Notification N2 \| \| Contact person: Tel: \| Movement subject of \| (2) Single notification ● \| \| Fax /Telex: \| \| general notification ● \| \| (ii) Waste Generator (name, address) (1) : \| 8. Disposer (name, address): \| \| Contact person: Tel: \| Contact person: Tel: \| \| Fax /Telex: \| Fax /Telex: \| \| Site of generation \| Actual site of disposal: \| \| 2. Importer/Recycler (name, address): \| 9. Method(s) of recovery (4): \| \| \| R Code: \| \| \| Technology employed\: \| \| Contact person: Tel: \| \| \| Fax /Telex: \| \(Attach details, if necessary), \| \| 5. 1st Carrier (Name, address): \| 6. 2nd Carrier (name, address) (4) : \| 7. Last Carrier (name, address) \| \| Registration N2: \| Registration N2: \| Registration N2: \| \| Tel:Fax/Telex:Tel.: \| Fax/Telex:Tel.: \| Fax/Telex: \| \| 8. Identity of means of transport (3) \| 9. Identity of means of transport (3) \| 10. Identity of meansof transport (3) \| \| Date of transfer: \| Date of transfer: \| Date of transfer: \| \| Signature of Carrier's representative \| Signature of Carrier's representative \| Signature of Carrier's representative \| \| 11. Designation and chemical composition of the waste \| 12. Physical characteristics (3) : \| \| 13. Actual quantity \| \| Kg.Litre \| \| 14. Waste identification code \| 16. Packing \| \| \| Type (3) :Number: \| \| Bales No:OECD No.: \| 17. UN Classification: \| \| UN No.ITC (HS) : \| UN shipping name: \| \| Customs code (H.S.) : Other (specify) : \| UN Identification No.: \| \| 15. OECD Classification (2) : Amber Red and Number: \| UN class (3) : H Number (3) :Y No.: \| \| Other \| \| \(attach details) \| \| 18. Special handling requirements \| 20. Exporter' declaration: \| \| I certify that the information in blocks 1 to 19 above is complete and correct to my best knowledge. I also certify that legally-enforceable written contractual obligations have been entered into, that any applicable insurance or other financial guarantees are in force covering the transboundary movement and that all necessary authorisations have been received from the competent authorities of the State concerned. \| \| 19. Actual date of shipment \| Date:Signature: \| \| Name : \| TO BE COMPLETED BY IMPORTER/RECYCLER \| \| \| \| \| --- \| --- \| --- \| \| 21. Shipment received by Importer/Recycler \| \| 23. 1 certify that the recycling of the waste described above has been completed. \| \| Quantity received: \| Kg. \| Litres \| accepted \| \| \| \| Date: \| \| \| \| \| \| \| Name: \| \| Signature: \| rejected (x) \| \| \| \| 22. Shipment received at Recycler \| \| Date: \| \| Quantity received \| Kg. \| Litres \| accepted \| \| Name: \| \| Date: \| \| \| \| \| Signature & stamp: \| \| Name: \| \| Signature: \| rejected (x) \| \| \| \| \| \| \| \| \| \| Apporoximate date of recycler Method of recycling (1) Attach list, if more than one (2) Enter X in appropriate box (3) See Codes on the reverse (x) Immediately contact Competent Authority (4) If more than three carriers, attach information as required in blocks 6 and 11. LIST OF ABBREVIATIONS USED IN THE NOTIFICATION Recovery Operations (Block 9) R1 Used as a fuel (other than in direct incineration) or other means to generate energy R2 Solvent reclamation/regeneration R3 Recycling/reclamation of organic substances which are not used as solvents R4 Recycling/reclamation of metals and metal compounds R5 Recycling/reclamation of other inorganic materials R6 Regeneration of acids or bases R7 Recovery of components used for pollution abatement R8 Recovery of components from catalysts R9 Used oil re-refining or other reuses of previously used oil R10 Land treatment resulting in benefit to agriculture or ecological improvement R11 Uses of residual materials obtained from any of the operations numbered R1 to R10 R12 Exchange of wastes for submission to any of the operations numbered R1 to R11 R13 Accumulation of material intended for any operation numbered R1 to R12 \| \| \| \| \| --- \| --- \| --- \| \| MEANS OF TRANSPORT \| PACKING TYPES \| H NUMBER (Block 17) & UN CLASS (Block 18) \| \| (Block 10) \| (Block 11) \| \| \| \| \| R = Road T =Train/Rail S = Sea A=Air W = Inland Water ways \| 1. Drum 2. Wooden barrel 3. Jerrican 4. Box 5. Bag 6. Composite packaging 7. Pressure receptacle 8. Bulk 9. Other (specify) \| UN Class \| H Number \| Designation \| \| 1 \| H1 \| Explosive \| \| 3. \| H3 \| Inflammable liquids \| \| 4.1 \| H4.1 \| Inflammable solids \| \| 4.2 \| H4.2 \| Substances or wastes liable to spontaneous combustion \| \| 4.3 \| H4.3 \| Substances or wastes which, in contact with water/emit inflammable gases \| \| 5.1 \| H5.1 \| Oxidizing \| \| PHYSICAL CHARACTERISTICS (Block 13) \| 5.2 \| H5.2 \| Organic peroxides \| \| 1. Powdery/powder 2. Solid 3. Viscous/past 4. Sludgry 5. Liquid 6. Gaseous 7. Other (specify) \| 6.1 \| H6.1 \| Poisonous (acute) \| \| 6.2 \| H6.2 \| Infectious substances \| \| 8 \| H8 \| Corrosives \| \| 9 \| H10 \| Liberation of toxic gases in contact with air or water \| \| 9 \| Hl l \| Toxic (delayed or chronic) \| \| 9 \| HI2 \| Ecotoxic \| \| 9 \| H13 \| Capable by any means, after disposal of yielding another material, e.g., leachate, which possesses any of the characteristics listed above. \| Y numbers (block 16) refer to categories of waste listed in Annexures I and II of the Basel Convention, as well as more detailed information can be found in an Instruction Manual available from the Secretariat of the Basel Convention. ### 25. Specific conditions on consenting to the movement. FORM 8 [See rule 7(3) ] MAKING OF HAZARDOUS WASTE CONTAINERS Hazardous Waste Handle with Care \| \| \| \| --- \| --- \| \| Waste CategoryNo ............................. \| Compatible Group................................... \| \| TotalQuantity ..................................... \| Date of Storage....................................... \| \| Contents and State of the Waste: \| \| \| Sender's Name & Address \| Receiver's Name & Address .................... \| \| Phone ................................................. \| Phone.................................................... \| \| TelefaxNo ........................................... \| TelefaxNo.............................................. \| \| Telex No .............................................. \| Telex No................................................ \| \| ContactPerson .................................... \| Contact Person....................................... \| In case of emergency please contact..................................... Notes: - ### 1. Background color of label-fluorescent yellow. ### 2. The words "Hazardous Wastes" and "Handle with care" to be prominent and written in red. ### 3. Label should be of non-washable material. FORM 9 [See rules 7(4) and (5)] HAZARDOUS WASTE MANIFEST (INFORMATION OF HAZARDOUS WASTE FOR DISPOSAL) \| \| \| \| --- \| --- \| \| 1. Occupier's Name & Mailing Address: (including Phone No.) \| 2. Occupier's Registration No. 3. Manifest Document No. \| \| 4. Transporter's Name and Address: (including Phone No.) \| 5. Type of Vehicle: Truck Tanker Special vehicle \| 6. Transporter's Registration No. 7. Vehicle Registration No. \| \| 8. Designated Facility Name and Site Address: \| 9. Facility's Registration No. \| \| 10. Facility's Phone \| \| 11. Waste Description: \| 12. Total Quantity of Waste \| \| m3 \| t \| \| 13. Consistency: \| \| Solid \| Oily \| \| Semi-Solid \| Tarry \| \| Sludge \| Slurry \| \| 14. Transport Description of Waste \| 15. Containers \| 16. Total Quantity \| 17. Unit Wt/Vol \| 18. Waste Category No. \| \| \| No.Type \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| 19. Special Handling Instruction and Additional Information: \| \| 20. Occupiers Certificate: I hereby declare that the contents of the consignment are fully and accurately described above by proper shipping name and are categorised, packed, marked, and labeled, and are in all respects in proper condition for transport by road according to applicable national government regulations. \| \| Typed Name and Stamp \| Signature \| MonthDayYear \| \| \| \| \| \| \| \| \| \| \| \| 21. Transporter's Acknowledgment of Receipt of Materials \| \| Typed Name & Stamp \| Signature \| MonthDayYear \| \| \| \| 22. Discrepancy Note Space \| \| 23. Facility Owner or Operator's Certification of Receipt of Hazardous Waste \| \| Typed Name & Stamp \| Signature \| MonthDayYear \| FORM 10 [See rule 7(7) ] TRANSPORT EMERGENCY (TREM) CARD ### 1. Characteristics of Waste: \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| \| Sl. No. \| Type of Waste \| Physical Properties \| Chemical Constituents \| Exposure Hazards \| First-Aid Requirements \| \| \| \| \| \| \| \| ### 2. Procedure to be followed in case of fire: ### 3. Procedure to be followed in case of spillage/accident/explosion: ### 4. For expert services, please contact: (i) Name & Address: (ii) Telephone No.: ............................................... (Name and Signature of Occupier) [FORM 11] [Inserted by S.O. 593(E) , dated 20-5-2003 (w.e.f. 23-5-2003).] [See rules 19(2) and 19(6)] FORM OF APPLICATION FOR GRANT/RENEWAL OF REGISTRATION OF INDUSTRIAL UNITS POSSESSING ENVIRONMENTALLY SOUND MANAGEMENT FACILITIES FOR RECYCLING/RE-REFINING NON-FERROUS METAL WASTES/USED OIL/WASTE OIL\* (To be submitted to the Central Pollution Control Board in triplicate) \| \| \| \| --- \| --- \| \| 1. \| Name and Address of the unit \| \| 2. \| Name of the occupier or owner of the unit with designation, Tel/Fax \| \| 3. \| Date of commissioning of the unit \| \| 4. \| No. of workers (including contract labourers) \| \| 5. \| Consent validity \| Air (Prevention and Control of Pollution) Act, 1981 Valid upto Water (Prevention and Control of Pollution) Act, 1974 Valid upto \| \| 6. \| Authorisationunder rule 5 of the Hazardous Wastes(Management and Handling) Rules, 1989 \| Valid upto \| \| 7. \| Product manufactured during the last three years (Tonnes/Year) Name (a) (b) (c) \| \| \| 8. \| Raw material consumption during last three years (Tonnes/Year) Name (a) (b) (c) \| \| \| 9. \| Manufacturing process \| Please attach manufacturing process flow diagram for each product(s) \| \| 10. \| Water consumption \| Industrial ..............m3/day Domestic ............ m3/day \| \| 11. \| Water cess paid upto \| \| 12. \| Waste water generation (a) as per consent m3/day (b) actual m3/day (average of last three months) \| Industrial Domestic \| \| 13. \| Waste water treatment (please provide flow diagram of the treatment scheme) \| Industrial Domestic \| \| 14. \| Waste water discharge \| Quantity m3/day Location Analysis of treated waste water pH, BOD, COD, SS, O&G any other \| \| 15. \| Air Pollution Control (a) Please provide flow diagram for emission control system(s) installed for each process unit, utilities, etc. (b) Details of facilities provided control of fugitive emission due to material handling, process, utilities, etc. Fuel consumption Stack emission monitoring results Ambient air quality \| Sl. No., Name, quantity D/M No. Stack Emission mg/Nm Attach to PM SO2Metals (pb, Zn) Sl. No. Location parameter mg/m SO2, NOx, SPM, Pb, any others \| \| 16. \| Hazardous waste management (a) Waste generation (b) Details on collection, treatment and transport (c) Disposal (I) Please furnish details of the disposal facilities with the conditions laid down in the authorisation (II) Whether facilities provided are in compliance with the conditions laid down in the authorization granted under rule 5 by the State Pollution Control Board (III) Please attach analysis report of characterization of hazardous waste generated (including leachate test if applicable) \| Sl. No., Name, Category, Quantity (last 3 years) \| \| 17. \| Details of waste proposed to be acquired through auction/negotiation/contract or import as the case may be for use as raw material \| 1. Name 2. Quantity required per year 3. Waste listing & No. in Annexure VIII (List A)/ Annexure IX (List B) of Base] Convention (BC) 4. Hazard Characteristic as per Annexure III (BC) \| \| 18. \| Occupational safety and health aspects \| Please provide details of facilities provided \| \| 19. \| Remarks \| \| \| (I) Whether industry has provided adequate pollution control system/equipment to meet the standards of emission/effluent. \| Yes/No \| \| (II) Whether industry is in compliance with conditions laid down in the HW authorisation. \| Yes/No \| \| (III) Whether HW collection and Treatment, Storage and Disposal Facility (TSDF) are operating satisfactorily. \| Yes/No \| \| (IV) Whether conditions exist or likely to exist of the material being handled/ processed of posting immediate or delayed adverse impacts on the Environment. \| Yes/No \| \| (V) Whether conditions exists or is likely to exist of the material being handled/ processed by any means capable of yielding another material, e.g., leachate which may possess exotoxicity. \| Yes/No \| \| 20. \| Any other information (I) (II) (III) \| \| \| 21. \| List of enclosures as per rule 19(2) . \| Date........................................ Place........................................ Signature of Applicant.............................. Designation............................................... FORM 12 [See rule 19(13) ] Form For Filing Returns By Recyclers/re-Refiners Of Non-Ferrous Metal Wastes/used Oil/waste Oil (To be submitted by recyclers/re-refiners to State Pollution Control Board/Committee by 31st January of every year) \| \| \| --- \| \| 1. Name and address of the recycler \| \| 2. Name of the authorised person and full address with telephone and fax number \| \| 3. Installed annual capacity to recycle non-ferrous metal wastes/used oil/waste oil (in MTA) \| \| 4. Total quantity of non-ferrous metal wastes/used oil (in MTA) purchased/processed/sold during the period from October-March/April-September \| (i) Quantity of wastes purchased from the manufacturers. (ii) Quantity of wastes purchased from auctioneers. (iii) Quantity of wastes obtained from any other source. (iv) Quantity of wastes processed. (v) Quantity of wastes sold. \| \| 5. Quantity and type material recovered from non-ferrous wastes/used oil/waste oil (in MTA) \| \| 6. Quantity of recyclable materials sent back \| (i) the manufacturers (ii) other agencies \| Date........................................ Place........................................ Signature.................................................... Designation............................................... FORM 13 [See rule 20(5) ] Form For Filling Returns Of Auction/sale Of Non-Ferrous Metal Wastes/ Used Oil/waste Oil (To be submitted by waste generators/auctioneers to the concerned State Pollution Control Board/Committee by 31st January of every year) \| \| \| --- \| \| 1. Name and address of the waste generator/auctioneer \| \| 2. Total quantity of wastes auctioned/sold during the period \| (i) Non-ferrous Metal Wastes [indicate type and quantity in metric tonnes alongwith the name(s)/address(s) of registered recycler(s)]. (ii) Used oil/waste oil [indicate type and quantity in metric tonnes alongwith the name(s)/address(s) of registered recycler(s) / re-refiner(s) . \| \| \*Delete whichever is not applicable. \| \| \| \| \| \| \| --- \| --- \| \| Date................................................... \| Signature..................................................... \| \| Place.................................................. \| Designation................................................ \| [Inserted by S.O. 24 (E) , dated 6-1-2000 (w.e.f. 6-1-2000).]
65b944ddab84c7eca86e8c44	acts	International Treaty - Act ---------------------------- Extradition Treaty between the Republic of India and the Arab Republic of Egypt --------------------------------------------------------------------------------- TREATY India Extradition Treaty between the Republic of India and the Arab Republic of Egypt ================================================================================= Rule EXTRADITION-TREATY-BETWEEN-THE-REPUBLIC-OF-INDIA-AND-THE-ARAB-REPUBLIC-OF-EGYPT of 2011 ---------------------------------------------------------------------------------------------- * Published on 31 October 2011 * Commenced on 31 October 2011 Extradition Treaty between the Republic of India and the Arab Republic of Egypt Published vide Notification New Delhi, the 31st October, 2011 Act2323 Ministry of External Affairs Order G.S.R. 789(E) . - Whereas the Extradition Treaty between the Republic of India and the Arab Republic of Egypt was signed at New Delhi on 18th November, 2008 and the Treaty entered into force with effect from 8th July, 2010 in accordance with Article 20.1 and which Extradition Treaty will provide as follows :- Extradition Treaty Between The Government of the Republic of India And The Government of the Arab Republic of Egypt The Government of the Republic of India and the Government of the Arab Republic of Egypt; Desiring to make more effective the cooperation of the two countries in the suppression of crime by making further provision for the reciprocal extradition of offenders; Recognizing that concrete steps are necessary to combat terrorism; Have agreed as follows: Article 1: Obligation to Extradite The Contracting States shall extradite any person found in their respective territories who is accused or convicted of an extraditable offence in the territory of the other Contracting State, in accordance with the rules and stipulations contained in the subsequent Articles, whether such offence was committed before or after the entry into force of this Treaty. Article 2: Extraditable Offences (1) An extraditable offence for the purposes of this Treaty is constituted by conduct which under the laws of each Contracting State is punishable by a term of imprisonment for a period of at least one year. (2) Where on conviction a prison sentence has been awarded on account of an extraditable offence in the territory of the Requesting State, the duration of the penalty remaining to be served must amount at least to six months. (3) Even regarding offences related to fiscal matters customs duties or currency exchange, extradition shall be granted in accordance with the provisions of this Treaty. (4) An offence shall also be an extraditable offence if it consists of an attempt or a conspiracy to commit, aid or abet the commission of or being an accessory before or after the fact to, any offence described in paragraph (1). (5) If the request for extradition includes several separate offences each of which is punishable under the laws of the two Contracting States by a sentence of imprisonment, but some of which do not fulfill the condition with regard to the duration of the sentence which may be awarded, the requested state shall also have the right to grant extradition for the latter offences. (6) Extradition shall be available in accordance with this Treaty for an extradition offence, notwithstanding that the conduct of the person sought occurred wholly or in part in the Requested State, if under the law of that State this conduct and its effects, or its intended effects, taken as a whole, would be regarded as constituting the commission of an extradition offence in the territory of the Requesting State. Article 3: Extradition of Nationals (1) Neither of the Contracting States shall extradite its own nationals. Nationality shall be determined as at the time of the commission of the offence for which extradition is requested. (2) If, pursuant to paragraph (1), the Requested State does not surrender the person claimed for the sole reason of nationality, it shall, in accordance with its laws and at the request of the Requesting State, submit the case to its competent authorities in order that proceedings may be taken if they are considered appropriate. If the Requested State requires additional documents, such documents shall be provided free of charge. The Requesting State shall be informed of the result of its request through the channels provided for in Article 7. Article 4: Grounds of Refusal Extradition shall not be granted: (1) If the offence for which extradition is requested is regarded by the Requested State as an offence of a political nature. However, for the purposes of this Treaty the following offences shall not be regarded as offences of a political nature; (a) An offence within the scope of multinational international treaty to which both Contracting States are parties and which imposes on them; (b) assault against the Heads of State or any of their families; (c) murder, robbery; (d) manslaughter or culpable homicide; (e) assault occasioning actual bodily harm, or causing injury, maliciously wounding or inflicting grievous bodily harm, whether by means of a weapon, a dangerous substance or otherwise; (f) the causing of an explosion likely to endanger life or cause serious damage to property; (g) the making or possession of an explosive substance by a person who intends either himself or through another person to endanger life or cause serious damage to property; (h) the possession of a firearm or ammunition by a person who intends either himself or through another person to endanger life; (i) the use of a firearm by a person with intent to resist or prevent the arrest or detention of himself or another person; (j) damaging property whether used for public utilities or otherwise with intent to endanger life or with reckless disregard as to whether the life of another would thereby be endangered; (k) kidnapping, abduction, false imprisonment or unlawful detention, including the taking of a hostage; (l) incitement to murder; (m) any other offence related to terrorism which at the time of the request is, under the law of the Requested state, not to be regarded as an offence of a political character; (n) an attempt or conspiracy to commit any of the foregoing offences or participation as an accomplice of a person who commits or attempts to commit such an offence. (2) If the offence for which extradition is requested is an offence under military law which is not also an offence under the general criminal law. (3) If there has been a final judgment rendered against the person in the Requested State in respect of the offence for which the person's extradition is requested. (4) If the person whose extradition is requested has, under the law of either Party, become immune from prosecution or punishment for any reason, including lapse of time or amnesty, the offence is of trivial nature or the accusation made is not in good faith or in the interests of justice. (5) If the Requested Party has substantial grounds to believe that the request has been made for the purpose of prosecuting or punishing a person on account of race, religion, nationality, or that the position of the said person at his trial may be prejudiced for any of these reasons. Article 5: Obligation to Prosecute (1) Where the Requested State refuses a request for extradition of an accused, it shall submit the case to its competent authorities so that prosecution may be considered. Those authorities shall take their decision in accordance with the law of that State. Article 6: Postponed or Conditional Surrender (1) The Requested State may, after making its decision on the request for extradition, postpone the surrender of the person claimed in order that he may be proceeded against by that State or, if he has already been convicted, in order that he may serve his sentence in the territory of that State for an offence other than that for which extradition is requested. (2) The Requested State may, instead of postponing surrender, temporarily surrender the person claimed to the Requesting State in accordance with conditions to be determined by mutual agreement between both States. Article 7: Extradition Procedures (1) The request for extradition under this Treaty shall be made through the diplomatic channel. (2) The request shall be accompanied by : (a) as accurate a description as possible of the person sought, together with any other information which would help to establish his identity, nationality and residence; (b) a statement of the facts of the offence for which extradition is requested, and (c) the text, if any, of the law: (i) defining that offence; and (ii) prescribing the maximum punishment for that offence. (3) If the request relates to an accused person, it must also be accompanied by a warrant of arrest issued by a judge, magistrate or other competent authority in the territory of the Requesting State and by such evidence as, according to the law of the Requested State, would justify his committal for trial if the offence had been committed in the territory of the Requested State, including evidence that the person requested is the person to whom the warrant of arrest refers. (4) If the request relates to a person already convicted and sentenced, if shall also be accompanied: (a) by a certificate of the conviction and sentence; (b) by a statement that the person is not entitled to question the conviction or sentence and showing how much of the sentence has not been carried out. (5) If the Requested State considers that the evidence produced or information supplied for the purposes of this Treaty is not sufficient in order to enable a decision to be taken as to the request, additional evidence or information shall be submitted within such time as the Requested State shall require. Article 8: Provisional Arrest (1) In urgent cases the person sought may, in accordance with the law of the Requested State, be provisionally arrested on the application of the competent authorities of the Requesting State. The application shall contain an indication of intention to request the extradition of that person and statement of the existence of a warrant of arrest or a conviction against him, and, if available, his description and such further information, if any, as would be necessary to justify the issue of a warrant of arrest had the offence been committed, or the person sought been convicted, in the territory of the Requested State. (2) A person arrested upon such an application shall be set at liberty upon the expiration of sixty days from the date of his arrest if request for his extradition shall not have been received. This provision shall not prevent the institution of further proceedings for the extradition of the person sought if a request is subsequently received. Article 9: Rule of speciality (1) A person extradited under the present Treaty shall not be proceeded against, sentenced, detained, re-extradited to a third State, or subjected to any other restriction of personal liberty in the territory of the requesting State for any offence committed before surrender other than: (a) an offence for which extradition was granted; (b) any other offence in respect of which the requested State consents. Consent shall be given if the offence for which it is requested is itself subject to extradition in accordance with the present Treaty. (2) A request for the consent of the requested State under the present article shall be accompanied by the documents mentioned in paragraph 2 of Article 7 of the present Treaty and a legal record of any statement made by the extradited person with respect to the offence. (3) Paragraph 1 of the present article shall not apply if the person has had an opportunity to leave the requesting State and has not done so within 60 days of final discharge in respect of the offence for which that person was extradited or if the person has voluntarily returned to the territory of the requesting State after leaving it. Article 10: Extradition to a Third State A person shall not be re-extradited to a third State, except when, having had an opportunity to leave the territory of the State to which he has been surrendered, he has not done so within sixty days of his final discharge, or has returned to that territory after having left it. Article 11: Evidence Documents, in support of an extradition request, shall be received and admitted as evidence in extradition proceedings, provided the documents are certified by a judge, magistrate, or officer to be the original documents or true copies of such documents and are authenticated by the official seal of the court or competent authority. Article 12: Competing Requests If extradition of the same person whether for the same offence or for different offences is requested by a Contracting State and a third State with which the Requested State has an extradition arrangement, the Requested State shall determine to which State the person shall be extradited, and shall not be obliged to give preference to the Contracting State. Article 13: Surrender (1) If extradition is granted, the person sought shall be sent by the authorities of the Requested State to such mutually agreed point of departure from the territory of that State. (2) The Requesting State shall remove the person sought from the territory of the Requested State within one month or such longer period as may be permitted under the law of the Requested State. If the person is not removed within that period, the Requested State may refuse to extradite him for the same offence. (3) If extradition of the requested person is obstructed because of exceptional circumstances, the concerned party shall inform the other of these circumstances before the expiry of the appointed date. Both States shall agree upon a new date and, if required, a new place of extradition. In such case, the provision under paragraph 2 of this article shall be applicable. Article 14: Surrender of Property (1) When a request for extradition is granted, the Requested State shall, upon request and so far as its law allows, hand over to the Requesting State articles (including sums of money) which may serve as proof or evidence of the offence. (2) If the articles in question are liable to seizure or confiscation in the territory of the Requested State, the latter may, in connection with pending proceedings, temporarily retain them or hand them over on condition that they are returned. (3) These provisions shall not prejudice the rights of the Requested State or any person other than the person sought. When these rights exist the articles shall on request be returned to the Requested State without charge as soon as possible after the end of the proceedings. Article 15: Mutual Legal Assistance in Extradition Each Contracting State shall, to the extent permitted by its law, afford the other the widest measure of mutual assistance in criminal matters in connection with the offence for which extradition has been requested. Article 16: Expenses (1) The requested State shall meet the cost of any proceedings in its jurisdiction arising out of a request for extradition. (2) The requested State shall also bear the costs incurred in its territory in connection with the seizure and handing over of property, or the arrest and detention of the person whose extradition is sought. (3) The requesting State shall bear the costs incurred in conveying the person from the territory of the requested State, including transit costs. Article 17: Obligations under International Conventions/Treaties The present Treaty shall not affect the rights and obligations of the Contracting States arising from International Conventions/Treaties to which they are parties. Article 18: Central and Competent Authorities For the purpose of this Treaty, the Contracting Parties shall communicate through their Central Authorities. The Central Authority for the Republic of India shall be the Ministry of External Affairs and for the Arab Republic of Egypt the Ministry of Justice. Article 19: Language Requests and the supporting documents made pursuant to this Treaty shall be accompanied by a translation into the language of the Requested Party or in a certified copy of English Language. Article 20: Final provisions (1) The present Treaty shall enter into force from the date of receiving the last notification by either of the Contracting Parties through the diplomatic channels, concerning the execution of the necessary measures for the ratification, according to the domestic laws of either Contracting Parties. (2) Either of the Contracting States may terminate this Treaty at any time by giving notice to the other through the diplomatic channel; and if such notice is given the Treaty shall cease to have effect six months after the receipt of the notice. Done in duplicate at New Delhi this the 18th day of November 2008, in Hindi, Arabic and English, all languages being equally authentic. In case of any divergence of interpretation, the English text shall prevail. Now, therefore, in exercise of the powers conferred by Sub-Section (1) of Section 3 of the Extradition Act, 1962 (34 of 1962), the Central Government hereby directs that the provisions of the Act, other than Chapter III, shall apply to Arab Republic of Egypt from the date of the publication of this notification.
65ba7440ab84c7eca86eb687	acts	Union of India - Act ---------------------- The Haryana and Uttar Pradesh (Alteration of Boundaries) Act, 1979 -------------------------------------------------------------------- UNION OF INDIA India The Haryana and Uttar Pradesh (Alteration of Boundaries) Act, 1979 ==================================================================== Act 31 of 1979 ---------------- * Published in Gazette of India on 11 June 1979 * Not commenced An Act to provide for the alteration of boundaries of the States of Haryana and Uttar Pradesh and for matters connected therewith. BE it enacted by Parliament in the Thirtieth Year of the Republic of India as follows:- Part I – Preliminary ---------------------- ### 1. Short title.- This Act may be called the Haryana and Uttar Pradesh (Alteration of Boundaries) Act, 1979. ### 2. Definitions.- In this Act, unless the context otherwise requires,- (a) "appointed day" means the day which the Central Government may, by notification in the Official Gazette, appoint; (b) "assembly constituency", "council constituency" and "parliamentary constituency" have the same meanings as in the Representation of the People Act, 1950 (43 of 1950); (c) "fixed boundaries" means the boundaries demarcated under the provisions of section 3; (d) "law" includes any enactment, Ordinance, regulation, order, bye-law, rule, scheme, notification or other instrument having the force of law in the whole or in any part of the State of Haryana or Uttar Pradesh; (e) "notified order" means an order published in the Official Gazette; (f) "prescribed" means prescribed by rules made under this Act; (g) "present deep stream line" means the deep stream line of the river-Yamuna as verified and determined by the Survey of India during the months of November, 1974, December, 1974, January, 1975 and February, 1975; (h) "sitting member", in relation to either House of Parliament or of the Legislature of a State, means a person who immediately before the appointed day is a member of that House; (i) "transferred territories" means,- (a) in relation to the State of Haryana, the territories transferred by this Act from that State to the State of Uttar Pradesh, and (b) in relation to the State of Uttar Pradesh, the territories transferred by this Act from that State to the State of Haryana; (j) any reference to a district of a State shall be construed as a reference to the area physically comprised within that district immediately before the appointed day. Part II – Alteration of Boundaries ------------------------------------ ### 3. Replacement of fluctuating boundaries by fixed boundaries.- (1) As from the appointed day, the boundary between the Karnal and Sonepat districts of the State of Haryana and the Saharanpur, Muzaffarnagar and Meerut districts of the State of Uttar Pradesh and the boundary between the Gurgaon district of the State of Haryana and the Bulandshahr and Aligarh districts of the State of Uttar Pradesh which at present is the deep stream of the river-Yamuna, shall be altered to and replaced by fixed boundaries. (2) The said fixed boundaries shall be demarcated by an authority appointed in this behalf by the Central Government so as to be generally in conformity with the fixed boundaries described in the Schedule. (3) For the purposes of such demarcation,- (a) the decision of the said authority on any matter relating to the interpretation of any part of the description of the fixed boundary given in the Schedule shall be final; (b) the said authority shall have power to determine the location of the points at which the boundary pillars shall be constructed and to specify the State Government which shall be responsible for the construction and maintenance of the boundary pillars at such points according to such specifications as that authority may indicate (the pillars of the same specifications being apportioned, as far as practicable, equally between the two State Governments), the decision of the said authority in regard to these matters being final; (c) it shall be lawful for the said authority and for any person specified by such authority to enter upon and survey any area in the vicinity of any of the fixed boundaries described in the Schedule and to do all other acts as may be necessary. (4) The authority referred to in sub-section (2) shall also prepare maps of the areas on both sides of the fixed boundaries and in the vicinity thereof showing- (a) the present deep stream line and the fixed boundary in relation to it; and (b) the names and boundaries of the villages on both sides of the fixed boundary as indicated by the State Government concerned with reference to the revenue records of that Government, and send authenticated copies thereof to the Central Government and to the State Governments of Haryana and Uttar Pradesh. ### 4. Transfer of territories.- (1) As from the appointed day,- (a) there shall be added to the State of Haryana all the territories of the State of Uttar Pradesh which lie on the Haryana side of the fixed boundaries, and the said territories shall thereupon cease to form part of the State of Uttar Pradesh; and (b) there shall be added to the State of Uttar Pradesh all the territories of the State of Haryana which lie on the Uttar Pradesh side of the fixed boundaries, and the said territories shall thereupon cease to form part of the State of Haryana. (2) Each of the State Governments of Haryana and Uttar Pradesh shall, by order in the Official Gazette of the State, provide for the administration, as from the appointed day, of the territories transferred to that State under sub-section (1) by including them or any part of them in such district, sub-division, police-station or other administrative unit as may be specified in the order. ### 5. Amendment of First Schedule to the Constitution.- As from the appointed day, in the First Schedule to the Constitution, under the heading "I. THE STATES"- (a) for the entry against "13. Uttar Pradesh", the following shall be substituted, namely:- "The territories which immediately before the commencement of this Constitution were either comprised in the Province known as the United Provinces or were being administered as if they formed part of that Province, the territories specified in clause (b) of sub-section (1) of section 3 of the Bihar and Uttar Pradesh (Alteration of Boundaries) Act, 1968 (24 of 1968) and the territories specified in clause (b) of sub-section (1) of section 4 of the Haryana and Uttar Pradesh (Alteration of Boundaries) Act, 1979, but excluding the territories specified in clause (a) of sub-section (1) of section 3 of the Bihar and Uttar Pradesh (Alteration of Boundaries) Act, 1968, and the territories specified in clause (a) of sub-section (1) of section 4 of the Haryana and Uttar Pradesh (Alteration of Boundaries) Act, 1979 (31 of 1979)."; (b) for the entry against "17. Haryana", the following shall be substituted, namely:- "The territories specified in sub-section (1) of section 3 of the Punjab Reorganisation Act, 1966 and the territories specified in clause (a) of sub-section (1) of section 4 of the Haryana and Uttar Pradesh (Alteration of Boundaries) Act, 1979 (31 of 1979), but excluding the territories specified in clause (b) of sub-section (1) of section 4 of that Act.". Part III – Representation in The Legislatures ----------------------------------------------- ### 6. Construction of delimitation orders.- As from the appointed day, any reference in any order relating to delimitation of parliamentary constituencies, assembly constituencies or council constituencies- (a) (i) to the State of Haryana, shall be construed as including the territories transferred to that State from the State of Uttar Pradesh under clause (a) of sub-section (1) of section 4, but excluding the territories transferred from the State of Haryana to the State of Uttar Pradesh under clause (b) of that sub-section; (ii) to any district, sub-division, police-station or other administrative unit in the State of Haryana, shall be construed as including that part of the territories, if any, transferred to that State, which is included in that district, sub-division, police station or other administrative unit by order made under sub-section (2) of section 4; (b) (i) to the State of Uttar Pradesh, shall be construed as including the territories transferred to that State from the State of Haryana under clause (b) of sub-section (1) of section 4, but excluding the territories transferred from the State of Uttar Pradesh to the State of Haryana under clause (a) of that sub-section; (ii) to any district, sub-division, police-station or other administrative unit in the State of Uttar Pradesh, shall be construed as including that part of the territories, if any, transferred to that State, which is included in that district, sub-division, police-station or other administrative unit by order made under sub-section (2) of section 4. ### 7. Provision as to sitting members.- (1) Every sitting member of the House of the People representing any parliamentary constituency the extent of which has been altered by virtue of the provisions of this Act shall, notwithstanding such alteration, be deemed, as from the appointed day, to have been elected to that House by that constituency as so altered. (2) Every sitting member of the Legislative Assembly of the State of Haryana or Uttar Pradesh representing any assembly constituency the extent of which has been altered by virtue of the provisions of this Act shall, notwithstanding such alteration, be deemed, as from the appointed day, to have been elected to the said Legislative Assembly by that constituency as so altered. (3) Every sitting member of the Legislative Council of the State of Uttar Pradesh representing any council constituency the extent of which has been altered by virtue of the provisions of this Act shall, notwithstanding such alteration, be deemed, as from the appointed day, to have been elected to the said Legislative Council by that constituency as so altered. Part IV – High Courts ----------------------- ### 8. Extension of jurisdiction of, and transfer of proceedings to, High Court of Punjab and Haryana.- (1) Except as hereinafter provided- (a) the jurisdiction of the High Court of Punjab and Haryana shall, as from the appointed day, extend to the territories transferred by this Act from the State of Uttar Pradesh to the State of Haryana; and (b) the High Court of Judicature at Allahabad shall, as from that day, have no jurisdiction in respect of the said territories. (2) Such proceedings pending in the High Court of Judicature at Allahabad immediately before the appointed day as are certified by the Chief Justice of that High Court, having regard to the place of accrual of the cause of action and other circumstances, to be proceedings which ought to be heard and decided by the High Court of Punjab and Haryana shall, as soon as may be after such certification, be transferred to the High Court of Punjab and Haryana. (3) Notwithstanding anything contained in sub-sections (1) and (2), but save as hereinafter provided, the High Court of Judicature at Allahabad shall have, and the High Court of Punjab and Haryana shall not have, jurisdiction to entertain, hear or dispose of appeals, applications for leave to appeal to the Supreme Court, applications for review and other proceedings, where any such proceedings seek any relief in respect of any order passed by the High Court of Judicature at Allahabad before the appointed day: Provided that if, after such proceedings have been entertained by the High Court of Judicature at Allahabad, it appears to the Chief Justice of that High Court that they ought to be transferred to the High Court of Punjab and Haryana, he shall order that they shall be so transferred and such proceedings shall thereupon be transferred accordingly. (4) Any order made by the High Court of Judicature at Allahabad- (a) before the appointed day in any proceedings transferred to the High Court of Punjab and Haryana by virtue of sub-section (2), or (b) in any proceedings with respect to which the High Court of Judicature at Allahabad retains jurisdiction by virtue of sub-section (3), shall, for all purposes, have effect not only as an order of the High Court of Judicature at Allahabad, but also as an order made by the High Court of Punjab and Haryana. (5) Subject to any rule made or direction given by the High Court of Punjab and Haryana, any such person who immediately before the appointed day is an advocate entitled to practise in the High Court of Judicature at Allahabad as may be specified in this behalf by the Chief Justice of the High Court of Punjab and Haryana having regard to the transfer of territories from the State of Uttar Pradesh to the State of Haryana, shall be recognised as an advocate entitled to practise in the High Court of Punjab and Haryana. ### 9. Extension of jurisdiction of, and transfer of proceedings to, High Court at Allahabad.- (1) Except as hereinafter provided- (a) the jurisdiction of the High Court of Judicature at Allahabad shall, as from the appointed day, extend to the territories transferred by this Act from the State of Haryana to the State of Uttar Pradesh; and (b) the High Court of Punjab and Haryana shall, as from that day, have no jurisdiction in respect of the said territories. (2) Such proceedings pending in the High Court of Punjab and Haryana immediately before the appointed day as are certified by the Chief Justice of that High Court, having regard to the place of accrual of the cause of action and other circumstances, to be proceedings which ought to be heard and decided by the High Court of Judicature at Allahabad shall, as soon as may be after such certification, be transferred to the High Court of Judicature at Allahabad. (3) Notwithstanding anything contained in sub-sections (1) and (2), but save as hereinafter provided, the High Court of Punjab and Haryana shall have, and the High Court of Judicature at Allahabad shall not have, jurisdiction to entertain, hear or dispose of appeals, applications for leave to appeal to the Supreme Court, applications for review and other proceedings, where any such proceedings seek any relief in respect of any order passed by the High Court of Punjab and Haryana before the appointed day: Provided that if, after such proceedings have been entertained by the High Court of Punjab and Haryana, it appears to the Chief Justice of that High Court that they ought to be transferred to the High Court of Judicature at Allahabad, he shall order that they shall be so transferred and such proceedings shall thereupon be transferred accordingly. (4) Any order made by the High Court of Punjab and Haryana- (a) before the appointed day in any proceedings transferred to the High Court of Judicature at Allahabad by virtue of sub-section (2); or (b) in any proceedings with respect to which the High Court of Punjab and Haryana retains jurisdiction by virtue of sub-section (3), shall, for all purposes, have effect not only as an order of the High Court of Punjab and Haryana, but also as an order made by the High Court of Judicature at Allahabad. (5) Subject to any rule made or direction given by the High Court of Judicature at Allahabad, any such person who immediately before the appointed day is an advocate entitled to practise in the High Court of Punjab and Haryana as may be specified in this behalf by the Chief Justice of the High Court of Judicature at Allahabad having regard to the transfer of territories from the State of Haryana to the State of Uttar Pradesh shall be recognised as an advocate entitled to practise in the High Court of Judicature at Allahabad. ### 10. Right to appear in any proceedings transferred under section 8 or section 9.- Any person who immediately before the appointed day is an advocate entitled to practise in the High Court of Punjab and Haryana or the High Court of Judicature at Allahabad and was authorised to appear in any proceedings transferred under section 8 or section 9 shall have the right to appear in the High Court to which the proceedings have been transferred in relation to those proceedings. ### 11. Interpretation.- For the purposes of sections 8 and 9,- (a) proceedings shall be deemed to be pending in the High Court of Punjab and Haryana or the High Court of Judicature at Allahabad until that Court has disposed of all issues between the parties, including any issue with respect to the taxation of the costs of the proceedings and shall include appeals, applications for leave to appeal to the Supreme Court, applications for review, petitions for revision and petitions for writs; (b) references to the High Court of Punjab and Haryana or the High Court of Judicature at Allahabad shall be construed as including references to a Judge or division court thereof, and references to an order made by a court or a Judge shall be construed as including references to a sentence, judgment or decree passed or made by that court or Judge. Part V – Authorisation of Expenditure --------------------------------------- ### 12. Appropriation of moneys for expenditure in transferred territories under existing appropriation Acts.- (1) As from the appointed day, any Act passed by the Legislature of the State of Haryana or Uttar Pradesh before that day for the appropriation of any moneys out of the Consolidated Fund of the State to meet any expenditure in respect of any part of the financial year in which the appointed day falls shall have effect also in relation to the territories transferred to that State by the provisions of Part II and it shall be lawful for the State Government to spend any amount on any service in those territories out of the amount authorised by such Act to be expended for that service during the financial year in that State. (2) The Governor of Haryana or of Uttar Pradesh may, after the appointed day, authorise such expenditure from the Consolidated Fund of the State as he deems necessary for any purpose or service in the territories transferred to that State for a period of not more than six months beginning with the appointed day pending the sanction of such expenditure by the Legislature of the State: Provided that no such authorisation shall be made so as to have effect for any period after the end of the financial year in which the appointed day falls. ### 13. Reports relating to accounts of Haryana and Uttar Pradesh.- The reports of the Comptroller and Auditor-General of India referred to in clause (2) of article 151 of the Constitution relating to the accounts of the State of Haryana or Uttar Pradesh in respect of any financial year ending before the appointed day shall be submitted to the Governor of each of the States of Haryana and Uttar Pradesh who shall cause them to be laid before the Legislature of the State. Part VI – Apportionment of Assets And Liabilities --------------------------------------------------- ### 14. Land and goods.- (1) Subject to the other provisions of this Part, all land and all stores, articles and other goods belonging to the State of Haryana or Uttar Pradesh in the transferred territories shall, as from the appointed day, pass to the State to which the territories are transferred. (2) In this section, the expression "land" includes immovable property of every kind and any rights in or over such property. ### 15. Arrears of taxes.- The right of the State of Haryana or Uttar Pradesh to recover arrears of any tax or duty on property situate in the transferred territories, including land revenue, or to recover arrears of any other tax or duty in any case where the place of assessment of that tax or duty is in the transferred territories shall belong to the State to which the territories are transferred. ### 16. Right to recover loans and advances.- The right to recover any loans or advances made before the appointed day by the State of Haryana or Uttar Pradesh to any local body, society, agriculturist, or other person in the transferred territories shall belong to the State to which the territories are transferred. ### 17. Refund of taxes collected in excess.- The liability of the State of Haryana or Uttar Pradesh to refund any tax or duty on property situate in the transferred territories including land revenue, collected in excess shall be the liability of the State to which the territories are transferred, and the liability of the State of Haryana or Uttar Pradesh to refund any other tax or duty collected in excess in any case where the place of assessment of the tax or duty is in the transferred territories shall also be the liability of the State to which the territories are transferred. ### 18. Deposits.- The liability of the State of Haryana or Uttar Pradesh in respect of any civil deposit or local fund deposit made in the transferred territories shall, as from the appointed day, be the liability of the State to which the territories are transferred. ### 19. Contracts.- (1) Where, before the appointed day, the State of Haryana or Uttar Pradesh has made any contract in the exercise of its executive power for any purposes of the State, that contract shall be deemed to have been made in the exercise of the executive power- (a) if such purposes are, as from that day, purposes relatable exclusively to the transferred territories, of the State to which the territories are transferred; and (b) in any other case, of the State which made the contract, and all rights and liabilities which have accrued, or may accrue, under any such contract shall, to the extent to which they are rights or liabilities of the State which made the contract, be the rights or liabilities of the State specified in clause (a) or clause (b) above. (2) For the purposes of this section, there shall be deemed to be included in the liabilities which have accrued or may accrue under any contract- (a) any liability to satisfy an order or award made by any court or other tribunal in proceedings relating to the contract; and (b) any liability in respect of expenses incurred in or in connection with any such proceedings. (3) This section shall have effect subject to the other provisions of this Part relating to the apportionment of liabilities in respect of loans, guarantees and other financial obligations. ### 20. Liability in respect of actionable wrong.- Where, immediately before the appointed day, the State of Haryana or Uttar Pradesh is subject to any liability in respect of an actionable wrong, other than breach of contract, that liability shall,- (a) if the cause of action arose wholly within the transferred territories, be a liability of the State to which the territories are transferred; and (b) in any other case, continue to be a liability of the State which, immediately before that day, was subject to such liability. ### 21. Liability as guarantor of co-operative societies.- Where, immediately before the appointed day, the State of Haryana or Uttar Pradesh is liable as guarantor in respect of any liability of a registered co-operative society, that liability shall,- (a) if the area of the society's operations is limited to the transferred territories, be a liability of the State to which the territories are transferred; and (b) in any other case, continue to be a liability of the State which, immediately before that day, was subject to such liability. ### 22. Items in suspense.- If any item in suspense is ultimately found to affect an asset or liability of the nature referred to in any of the foregoing provisions of this Part, it shall be dealt with in accordance with that provision. ### 23. Apportionment of assets or liabilities by agreement.- Where the States of Haryana and Uttar Pradesh agree that the benefit or burden of any particular asset or liability should be apportioned between them in a manner other than that provided for in the foregoing provisions of this Part, then, notwithstanding anything contained therein, the benefit or burden of that asset or liability shall be apportioned in the manner agreed upon. ### 24. Power of Central Government to order allocation or adjustment in certain cases.- Where, by virtue of any of the provisions of this Part, either of the States of Haryana or Uttar Pradesh becomes entitled to any property or obtains any benefits or becomes subject to any liability, and the Central Government, on a reference made within a period of three years from the appointed day by either of the States, is of opinion that it is just and equitable that that property or those benefits should be transferred to, or shared with, the other State or that a contribution towards that liability should be made by the other State, the said property or benefits shall be allocated in such manner between the two States, or the other State shall make to the State subject to the liability such contribution in respect thereof, as the Central Government may, after consultation with the two State Governments, by order, determine. ### 25. Expenditure to be charged on the Consolidated Fund.- All sums payable by either the State of Haryana or Uttar Pradesh to the other State by virtue of the provisions of this Part shall be charged on the Consolidated Fund of the State by which such sums are payable. Part VII – Legal and Miscellaneous Provisions ----------------------------------------------- ### 26. State Financial Corporations and State Electricity Boards.- As from the appointed day,- (a) the Financial Corporations constituted under the State Financial Corporations Act, 1951 (63 of 1951), for the States of Haryana and Uttar Pradesh; and (b) the State Electricity Boards constituted under the Electricity (Supply) Act, 1948 (54 of 1948), for the said States, shall be deemed to have been constituted for those States with their areas as altered by the provisions of section 4. ### 27. Territorial extent of laws.- The provisions of section 4 shall not be deemed to have effected any change in the territories to which any law in force immediately before the appointed day extends or applies, and territorial references in any such law to the State of Haryana or Uttar Pradesh shall, until otherwise provided by a competent Legislature or other competent authority, be construed as meaning the territories within that State immediately before the appointed day. ### 28. Power to adapt laws.- For the purpose of facilitating the application of any law in relation to the State of Haryana or Uttar Pradesh, the appropriate Government may, before the expiration of two years from the appointed day, by order, make such adaptations and modifications of the law, whether by way of repeal or amendment as may be necessary or expedient, and thereupon every such law shall have effect subject to the adaptations or modifications so made until altered, repealed or amended by a competent Legislature or other competent authority. Explanation.- In this section, the expression "appropriate Government" means as respects any law relating to a matter enumerated in the Union List, the Central Government, and as respects any other law, the State Government. ### 29. Power to construe laws.- Notwithstanding that no provision or insufficient provision has been made for the adaptation of a law made before the appointed day, any court, tribunal or authority, required or empowered to enforce such law may, for the purpose of facilitating its application in relation to the State of Haryana or Uttar Pradesh, construe the law in such manner, without affecting the substance, as may be necessary or proper in regard to the matter before the court, tribunal or authority. ### 30. Legal proceedings.- Where, immediately before the appointed day, the State of Haryana or Uttar Pradesh is a party to any legal proceedings with respect to any property, rights or liabilities transferred to the other State under this Act, the other State shall be deemed to be substituted for the State from which such property, rights or liabilities are transferred as a party to those proceedings, or added as a party thereto, as the case may be, and the proceedings may continue accordingly. ### 31. Transfer of pending proceedings.- (1) Every proceeding pending immediately before the appointed day before a court (other than a High Court), tribunal, authority or officer in any area which on that day falls within the State of Haryana or Uttar Pradesh shall, if it is a proceeding/relatable exclusively to any part of the territories which as from that day are the territories of the other State, stand transferred to the corresponding court, tribunal, authority or officer in the other State. (2) If any question arises as to whether any proceeding should stand transferred under sub-section (1), it shall be referred to the High Court having jurisdiction in respect of the area in which the court, tribunal, authority or officer before which, or before whom, such proceeding is pending on the appointed day, is functioning, and the decision of that High Court shall be final. (3) In this section,- (a) "proceeding" includes any suit, case or appeal; and (b) "corresponding court, tribunal, authority or officer" in a State means- (i) the court, tribunal, authority or officer in which, or before whom, the proceeding would have lain if the proceeding had been instituted after the appointed day, or (ii) in case of doubt, such court, tribunal, authority or officer in that State as may be determined after the appointed day by the Government of that State, or before the appointed day by the Government of the other State, to be the corresponding court, tribunal, authority or officer. ### 32. Construction of boundary pillars, etc.- (1) It shall be lawful for the State Government which is responsible for the construction of any boundary pillar under sub-section (3) of section 3 to cause such pillar to be constructed and maintained and no suit, prosecution or other legal proceeding shall lie against the State Government or any of its officers for anything in good faith done or intended to be done under this section. (2) The boundary pillars shall be inspected jointly by the officers of the State Governments of Haryana and Uttar Pradesh in accordance with such rules as the Central Government may make in this behalf. (3) Whoever wilfully removes or injures any boundary pillars shall be punishable with imprisonment of either description for a term which may extend to one year, or with fine, or with both. (4) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), an offence under sub-section (3) may be inquired into and tried by a court in either of the States of Haryana and Uttar Pradesh. ### 33. Validity of demarcation done before commencement of Act.- All things done and all steps taken before the commencement of this Act in connection with the demarcation of the fixed boundaries shall, in so far as they are in conformity with the provisions of sub-sections (2) and (3) of section 3, be deemed to have been done in accordance with law. ### 34. Effect of provisions inconsistent with other laws.- The provisions of this Act shall have effect notwithstanding any law, custom or usage which is inconsistent therewith. ### 35. Power to remove difficulties.- (1) If any difficulty arises in giving effect to the provisions of this Act, the President may, by notified order, do anything, not inconsistent with such provisions which appears to him to be necessary or expedient for the purpose of removing the difficulty. (2) Every order made under this section shall be laid before each House of Parliament. ### 36. Power to make rules.- (1) The Central Government may, by notification in the Official Gazette, make rules to give effect to the provisions of this Act. (2) Every rule made by the Central Government under this section shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule The Schedule [See section 3 (2) ] Description of the fixed boundaries ### 1. The fixed boundary between the Karnal and Sonepat districts of Haryana on the one side and the Saharanpur, Muzaffarnagar and Meerut districts of Uttar Pradesh on the other side shall be the present deep stream line. ### 2. (1) The fixed boundary between the Gurgaon district of Haryana on the one side and the Bulandshahr and Aligarh districts of Uttar Pradesh on the other side shall commence from the point where the present deep stream line crosses the north-west boundary of BASANTPUR and proceed along the said boundary up to the point where it crosses the north bank of the river Yamuna as ascertained at the 1971-72 river survey conducted by the Survey of India. (2) It shall then proceed along the said north bank up to the point where it meets the boundary between BASANTPUR and SALARPUR; thence along the northern and eastern boundaries of SALARPUR, the eastern boundary of ASALATPUR, the north-eastern boundary of DADSIA, the northern and north-eastern boundaries of KIRAWLI, the northern boundary of LALPUR, the northern and eastern boundaries of MAHABATPUR, the eastern boundary of MUAZZAMABAD, the eastern boundary of BHASKOLA, the eastern and northern boundaries of RAJPUR KALAN including CHAK PHULERA, the northern and eastern boundaries of SHIKARGAH, the northern and eastern boundaries of AMINPUR, the eastern boundary of CHIRSI, the eastern boundary of AKBARPUR, the eastern boundary of MOZAMABAD-MAZRA-SHEIKHPUR, the eastern boundary of SHEIKHPUR, the eastern boundary of MANJHAWLI, the eastern boundary of GARHI BEGAMPUR, the south-eastern boundary of DALELGARH, the eastern boundary of NANGLA-MAZRA-CHANDPUR, the northern and eastern boundaries of SHAHJAHANPUR, the eastern boundary of LATIFPUR, the eastern boundary of PARASRAMPUR alias DULEHPUR, the eastern boundary of MAKANPUR, the north-eastern boundary of WALIPUR, the western, northern and eastern boundaries of SHEIKHPUR, the northern and the north-eastern boundaries of BEHRAMPUR, and the north-western boundary of NANGLIA up to the point where it meets the present deep stream line. (3) From this point, it shall proceed along the present deep stream line following the boundary on Uttar Pradesh side of NANGLIA, JHUPPA, BAGHPUR KHALAN, BAGHPUR KHURD, SOLRAH, BHOLRA, DOSTPUR, GURWARI AND CHANDHAT up to the junction of the old main stream of the river Yamuna and the channel or branch of the river commonly known as the Zair Nala, and thence along the present deep stream line up to the southern boundary of MAHOLI. Explanation.-In this paragraph,- (a) any reference to the boundary of a village named in sub-paragraphs (1) and (2) shall be construed as a reference to the boundary of that village as ascertained and mapped at the Settlement of Gurgaon district completed in 1943; (b) the references to the present deep stream line at the end of sub-paragraph (2) and the beginning of sub-paragraph (3) shall be construed as references to the present deep stream line pertaining to the old main stream of the river Yamuna.
65baccb9ab84c7eca86ec88f	acts	State of Jharkhand - Act -------------------------- The Bihar Contributory Provident Fund Rules, 1948 --------------------------------------------------- JHARKHAND India The Bihar Contributory Provident Fund Rules, 1948 =================================================== Rule THE-BIHAR-CONTRIBUTORY-PROVIDENT-FUND-RULES-1948 of 1948 --------------------------------------------------------------- * Published on 14 August 1948 * Commenced on 14 August 1948 The Bihar Contributory Provident Fund Rules, 1948 Published vide Notification No. 10641 F, dated 14.8.1948 ### 1. (1) These rules may be called the Bihar Contributory Provident Fund Rules, 1948. (2) They shall come into force on the 1st October, 1948. ### 2. (1) In these rules, unless there is anything repugnant in the subject or context- (i) "Account Officer" means Accountant-General, Bihar, (ii) "Emoluments" means pay, leave salary, or subsistence grant, as defined in the Bihar Service Code and includes- (a) sterling overseas pay converted at such rate of exchange as the Provincial Government may prescribe in this behalf: (b) any remuneration of the nature of pay received in respect of foreign service; (iii) "Family" means the wife or wives and children of the subscriber and the widow, or widows and children of a deceased son of the subscriber, an adopted child shall be considered to be a child when the Account Officer, or, if any doubt arises in the mind of the Account Officer, the Legal Remembrancer, is satisfied that, under the personal law of the subscriber; adoption is legally recognised as conferring the status of natural child, but in this case only; (iv) "Leave" means any variety of leave recognised by the Bihar Service Code; (v) "The Fund" means the Bihar Contributory Provident Fund; and (vi) "Year" means a financial year. (2) Any other expression employed in these rules which is defined in the Bihar Service Code is used in the sense therein defined. ### 3. The fund shall be administered by the Provincial Government and shall be maintained in India in rupees. ### 4. [ [Substituted vide no. M. 1-025/82-4967-F(2) , dated 18.5.1983 and published in the Bihar Gazette dated 6.7.1983] All Government servants in permanent pensionable and non-pensionable service (including probationers) and those temporary Government servants (including all re-employed pensioners) who have completed the one year service, and whose conditions of service the State Government are competent to determine shall be required to subscribe the minimum subscription. All Government servants shall have to subscribe the minimum prescribed rate during leave, deputation and foreign service.] Nomination ### 5. (1) A subscriber shall, as soon as may be after joining the Fund, send to the Account Officer a nomination conferring one or more persons the right to receive amount that may stand to his credit in the Fund in the event of his death before that amount has become payable, or having become payable has not been paid: Provided that if, at the time of marking the nomination, the subscriber has a family, the nomination, shall not be in favour of any person or persons other than the members of his family. (2) If a subscriber nominates more than one person under sub-rule (1), he shall specify in the nomination the amount or share payable to each of the nominees in such manner as to cover the whole of the amount that may stand to his credit in the Fund at any time. (3) Every nomination shall be in such one of the forms set forth in the first Schedule as appropriate in the circumstances. (4) a subscriber may at any time cancel a nomination by sending a notice in writing to the Account Officer: Provided that the subscriber shall alongwith such notice send a fresh nomination made in accordance with the provisions of sub-rules (1) to (3). (5) Every nomination made and every notice of cancellation given, by a subscriber shall to the extent that it is valid, take effect on the date on which it is received by the Account Officer. (6) Nothing in sub-rules (1) to (3) shall be deemed to invalidate, or to require to replacement by a nomination thereunder of, nomination duly made before and subsisting on the date on which these rules come into force. Subscriber's account ### 6. An account shall be opened in the name of each subscriber, in which shall be credited- (i) the subscription; (ii) contributions, made under rule 10 by Government to his account; (iii) interest, as provided by rule 11, on subscriptions,; and (iv) interest, as provided by rule 11, on contributions. Conditions and rates of Subscription ### 7. (1) Every subscriber shall subscribe monthly to the Fund when on duty, or, foreign service. (2) A subscriber may at his option, subscribe during leave. (3) The option of a subscriber under sub-rule (2) shall be intimated to the Account Officer before the subscriber proceeds on leave and shall be final. ### 8. (1) The amount of subscription shall be fixed by the subscriber him self subject to the following conditions:- (a) It shall be expressed in whole rupee. (b) (i) It may be a sum, so expressed, not less than 6 per cent of emoluments (i.e. 6 paise in the rupee) and not more than 15% (i.e. 15 paise in the rupee). (ii) Emoluments for the purpose of the rule shall be calculated at the rate payable in respect of the 31st March, of the preceding year: Provided that, if the subscriber is on leave or under suspension on the 31st March, of the preceding year, his emoluments shall be calculated at the rate payable in respect of the first day after his return to duty: Provided also that, if the subscriber is on deputation out of India, on the 31st March, of the preceding year, his emoluments shall be calculated at the rate which would have been payable had he been on duty in India. (2) The subscriber shall intimate the fixation of the amount of his monthly subscription in each year in the following- (a) if he is on duty on the 31st March, of the preceding year, by the deduction which he makes in this behalf from his pay-bill for that month. (b) if he is on leave, or, under suspension on the 31 March, of the preceding year, by the deduction which he makes in this behalf from his first pay-bill after his return to duty. (3) If the amount of subscription payable contains a fraction of rupee, it shall be rounded to the nearest whole rupee, 50 paise counting as the next higher rupee. (4) The amount of subscription so fixed shall remain unchanged throughout the year: Provided that if a subscriber is on duty for a part of month and on leave for the remainder of that month, and if he has elected not to subscribe during leave, the amount of subscription payable shall be proportionate to the number of days spent on duty in the month.. A fraction of a rupee shall be rounded to the nearest whole rupee, for example, 50 Paise will be rounded to a rupee. If a change in the amount of subscription is sought this can be done only with effect from a financial year. Realisation of Subscriptions ### 9. (1) When emoluments are drawn from a Government treasury in India, or from the home or a Colonial treasury, recovery of subscriptions on account of these emoluments and of the principal and interest of advances shall be made from the emoluments themselves; except that, when emoluments other than sterling overseas pay are so drawn in India, deductions in respect of sterling overseas pay, when admissible, shall be made in India. (2) When emoluments are drawn from any other source the subscriber shall forward his dues monthly to the Account Officer. Contribution by Government ### 10. (1) Government shall with effect from the 31st March of each year, make a contribution to the account of each subscriber: [ x x x ] ['Proviso' deleted vide no. M. 1-025/82-4967-F(2) , dated 18.5.1983 and published in the Bihar Gazette dated 6.7.1983.] (2) The contribution shall be such percentage to the subscriber's emoluments drawn on duty during the year or period as the case may be, as has been or may be prescribed by Government by general or special order. (3) If a subscriber is on deputation out of India the emoluments which he would have been drawn had he been on duty in India shall, for the purpose of this rule, be deemed to be emoluments drawn on duty. (4) Should a subscriber elect to subscribe during leave salary shall, for the purpose of this rule, be deemed to be emoluments drawn on duty. (5) The amount of contribution payable in respect of a period of foreign service shall unless it is recovered from the foreign employer, be recovered by Government for the subscriber. (6) The amount of contribution payable shall be rounded to the nearest rupee in the manner provided in sub-rule (3) of Rule 8. Interest ### 11. (1) Government, shall pay, to the credit of the account of a subscriber interest at such rate as the Provincial Government may, from time to time prescribe for the payment of interest on subscription to the General Provident Fund, on the amount at his credit in the Fund. [1(b) . All non-Gazetted Government shall be required to subscribe to the Fund the minimum monthly subscription at the rate of 10 per cent of his/her monthly emolument and all Gazetted Government Servants at the rate of 12½ percent of his/her emolument. There shall be no upper limit of the subscription.] [Added new Rule 11(i) (b) vide Notification No. M. 1-025/82-4967-F(2), dated 18th May, 1983.] (2) Interest shall be credited with effect from the 31st March, of each year in the following manner- (i) on the amount at the credit of a subscriber on the 31st March, of the preceding year less any sums withdrawn during the current year-interest for twelve months; (ii) on sums withdrawn during the current year - interest from the 1st April, of the current year upto the last month preceding the month of withdrawal; (iii) on all sums credited to the subscriber's account after the 31st March, of the preceding year - interest from the date of deposit upto the 31st March, of the current year; (iv) the total amount of interest shall be rounded to the nearest rupee in the manner provided in sub-rule (3) of Rule 8. (3) For the purposes of this rule date of deposit shall, in the case of recoveries from emolument, be deemed to be the first day of the month in which they are recovered; and in the case of amounts forwarded by the sub-scriber, shall be deemed to be the first day of the month of receipt, if they are received by the Account Officer before the fifth day of that month, the first day of the next succeeding month. (4) [ The amount of subscription so fixed shall remain unchanged throughout the year. The subscriber may at his option to increase the amount during middle of the year but he will not have the option to reduce the amount of subscription during the middle of the year.] [Added new Rule 11(i) (b) vide Notification No. M. 1-025/82-4967-F(2), dated 18th May, 1983, published in Bihar Gazette dated 6.7.1983.] [Notes. - Interest may be paid on sums at the credit of the subscribers in the fund for any period beyond six months and the following officers will be competent to authorise such payments: [Inserted by Memo No. M/-34-80-4770 F2, dated 10.7.1982.] (i) Subscribers whose Provident Fund Account is maintained by Accountant-General, Bihar - Accountant General, Bihar. (ii) Subscribers whose Provident Fund Account is not maintained by Accountant General, Bihar - Finance Department: Provided that the competent authority has personally satisfied himself that the delay in payment was occasioned by circumstances beyond the control of the subscriber or the person to whom such payment was to be made and in every such case the administrative delay involved in the matter, has been fully investigated and action, any required, taken.] (5) Interest shall not be credited to the account of a Muhammadan subscriber if he informs the Account Officer that he does not wish to receive it, but if he subsequently asks for interest it shall be credited with effect from the 1st April, of the year in which he asks for it. (6) The interest on amount which, under sub-rule (3) of Rule 17, or sub-rule (3) of Rule 19 or sub-rule (1) of Rule 21, or sub-rule (1) or sub-rule (2) of Rule 22, or Rule 24 or Rule 25 are replaced at the credit of the subscriber in the Fund, shall be calculated at such rates as may be successively prescribed under sub-rule (1) of this rule and so far as may be in the manner prescribed in this rule. Advances from the fund ### 12. (1) A temporary advance may be granted to a subscriber from the amount standing to his credit in the Fund at the discretion of the authority specified in sub-rule (2) subject to the following conditions- (a) the subscriber shall satisfy that authority of the necessity for the advance; (b) that authority, shall record in writing its reasons for granting the advance; and (c) the advance shall not, except for reasons to be recorded in writing by that authority, exceed three month's pay; and shall, in no case exceed the amount of subscriptions and interest thereon, standing to the credit of the subscribers in the Fund, at the time when the advance is granted. (2) The authority competent to grant an advance- (a) (i) exceeding three months pay, or (ii) within twelve months of the final payment of all previous advance, together with interest thereon; shall be- (i) for subscribers who are gazetted Government servants, the Provincial Government; (ii) for the other subscribers, the Head of the Department concerned; (b) in any other case not specified in clause (a), shall be- (i) for gazetted Government servants, the Head of the Department; (ii) for other subscribers, the head of the office. ### 13. An Advance shall not, except for special reasons to be recorded in writing by the sanctioning authority be granted under rule 12 until at least twelve months after final re-payments of all previous advances together with interest thereon. ### 14. (1) An advance shall be recovered from the subscriber in such number of equal monthly instalments as the sanctioning authority may direct, but such number shall not be less than twelve unless the subscriber so elects, or in any case more than twenty-four. A subscriber may at his option, make repayment in a smaller number of instalments than that prescribed. Each instalment shall be a number of whole rupees; the amount of the advance being raised or reduced, if necessary to admit of the fixation of such instalments. (2) Recovery shall be made in the manner provided in rule 9 for the realization of subscriptions and shall commence on the first occasion after the advance is made on which the subscriber draws pay or remuneration of foreign service, for a full month. Recovery shall not be made while the subscriber is on leave or, in receipt of subsistence grant and may be postponed by the sanctioning authority during the recovery of an advance of pay granted to the subscriber. (3) If more than one advance has been made to a subscriber, each advance I shall be treated separately for the purposes of recovery. (4) (a) After the principal of the advance has been fully repaid, interest shall be paid thereon at the rate of one fifth per cent of the principal for each month or broken portion of a month during the period between the drawal and complete repayment of the principal. (b) Interest shall ordinarily be recovered in one instalment in the month after complete repayment of the principal; but, if the period referred to in clause (a) exceeds twenty months; interest may, if the subscriber so desires, be recovered in equal monthly instalments, the method of recovery shall be that provided in sub-rule (2). Payments shall be rounded to the nearest rupees in the manner provided in sub-rule (3) of Rule 8. (5) Recoveries made under this rule shall be credited, as they are made to the account of the subscriber in the Fund. Payments towards Insurance Policies and Family Pension Fund ### 15. Subject to the conditions contained in rules 16 to 31 - (a) (i) subscriber to a family pension fund approved in this behalf by the Provincial Government; (ii) Payments towards an insurance policy, may at the option of subscriber, be substituted for the whole or part of substituted for the whole or part of subscriptions to the Fund; (b) the amount of subscriptions with interest thereon standing to the credit of a subscriber in the Fund may be withdrawn to meet- (i) payments towards an insurance policy; (ii) purchase of a single payment insurance policy; (iii) payment of single premia or subscriptions to a family pension fund approved in this behalf by the Provincial Government: Provided that no amount shall be withdrawn to meet any payment or purchase made or effected more than twelve months before the withdrawal; (c) any amount withdrawn under clause (b) shall be paid in whole rupees only rounded to the nearest rupee in the manner provided in sub-rule (3) of Rule 8. ### 16. (1) If the total amount of any subscriptions, or payments substituted under clause (a) of rule 15 is less than the amount of the minimum subscription payable to the Fund under rule 8 the difference shall be rounded off to the nearest rupee in the manner, provided in sub-rule (3) of Rule 8 and paid by the subscriber to the Fund. (2) If the subscriber withdraws any amount standing to the credit in the fund for any of the purposes specified in clause (b) of Rule 15, he shall, subject to his option under clause (a) of that rule, continue to pay to the Fund the subscription payable under rules. ### 17. (1) A subscriber who desires to substitute a subscription, or payment under clause (a) of Rule 15, may reduce his subscription to the Fund accordingly; Provided that the subscriber shall- (a) intimate to the Account Officer on his pay bill, or by letter the fact of and reason for, the reduction; (b) send to the Account Officer, within such period as the Account Officer may require, receipts or certified copies of receipts in order to satisfy the Account Officer, that the amount by which the subscription has been reduced was fully applied for the purposes specified in clause (a) of Rule 15. (2) a subscriber who desires to withdraw any amount under clause (b) of Rule 15 shall- (a) intimate the reason for the withdrawal, to the Account Officer by letter; (b) make arrangements with the Account Officer for the withdrawal; (c) send to the Account Officer, within such period as the Account Officer may require, receipts or certified copies of receipts in order to satisfy the Account Officer, that the amount withdrawn was duly applied for the purpose specified in clause (b) of Rule 15. (3) The Account Officer shall order the recovery of any amount by which subscriptions have been reduced, or any amount withdrawn, in respect of which he has not been satisfied in the manner required by clause (b) of sub-rule (1) and clause (b) of sub-rule (2) with interest thereon at the rate provided in rule 11, from the emoluments of the subscriber and place it to the credit of the subscriber in the Fund. ### 18. (1) Government will not make any payments on behalf of subscribers to insurance companies, nor take steps to keep a policy alive. (2) It is immaterial what form the policy takes, provided that it shall be on the life of the subscriber himself and shall (unless it is policy expressed on the face of it to be for the benefit of his wife, or of his wife and children, or any of them) be such as may be, legally assigned by the subscriber himself to the Government of Bihar. Explanation. - A Policy may not be effected for the subscriber and his wife shall be deemed to be a policy of the subscriber himself for the purpose of this sub-rule. (3) The policy may not be effected for the benefit to any beneficiary other than the wife of the subscriber or his wife and children; or any of them. ### 19. (1) The policy, within three months after the first withholding of a subscription or withdrawal from the Fund in respect of the policy, or, in the case of an insurance company whose headquarters are outside India, within such further period as the Account Officer, if he is satisfied by the production of the completion certificate (interim receipt) may fix, shall- (a) unless it is a policy expressed on the face of it to be for the benefit of the wife of the subscriber, or of his wife and children, or any of them, be assigned to the Government of Bihar, as security for the payment of any sum which may become payable to the Fund under Rules 21 to 23 and delivered to the Account Officer, the assignment being made by endorsement on the policy in Form (1) or Form (2) of the Forms in the Second Schedule according as the policy is on the life of the subscriber, or on the joint lives of subscriber and his wife; (b) if it is a policy expressed on the face of it to be for the benefit of the wife of the subscriber, or of his wife and children; or any of them be delivered to the Account Officer. (2) The Account Officer shall satisfy by reference to the insurance company, where possible, that no prior assignment of the policy exists. (3) If the policy is not assigned and delivered, or delivered, within the said period of three months or such further period as the Account Officer may under sub-rule (1) have fixed, any amount withheld or withdrawn from the fund in respect of the policy shall, with interest thereon at the rate provided in rule 11, forthwith be paid, or re-paid, as the case may be, by the subscriber to the Fund, or, in default to be ordered by the Account Officer to be recovered by deduction from the emoluments of the subscriber, by instalments, or otherwise as Government may direct. (4) Notice of the assignment of the policy shall be given by the subscriber to the insurance company, and the acknowledgement of the notice by the insurance company shall be sent to the Account Officer within three months of the date of assignment. Note 1. - Subscribers are advised to send notice of assignment in the insurance company in duplicate, accompanied in case in which the notice has to be sent to a company in Great Britain, or Ireland, by a remittance of five shillings, which is the fee for the acknowledgement authorised by the Policies of Assurance Act, 1867. The policy itself, bearing the assignment endorsed thereon, need not be sent to the Company, as Insurance Companies do not ordinarily require the production of the original instruments affecting a policy holder's title, until the policy becomes a claim. Note 2. - Subscribers who proceed to Great Britain, or Ireland, on quitting the service are advised that under the English Stamp Law, assignment or assignments are required to be stamped within 31 days of their first arrival in those countries. Otherwise penalty will be incurred under the Stamp Act and difficulties may arise when the policy matures for payment. ### 20. The subscriber shall not during the currency of the policy drawn any bonus; the drawal of which during such currency is optional under the terms of the policy, and the amount of any bonus which under the terms of the subscriber has no option to refrain from drawing its currency shall be paid forthwith into the fund by the subscriber, or in default recovered by deduction from his emoluments by instalments, or otherwise as the Provincial Government may direct. ### 21. (1) Save as provided by sub-rule (3) of Rule 23, when the subscriber.- (a) quits the service; or (b) has proceeded on leave preparatory to retirement and applies to the Account Officer for re-assignment, or return of the policy; or (c) while on leave has been permitted to retire or declared by competent medical authority to be unfit, for further service and applies to the Account Officer for re-assignment, or return of the policy; or (d) pays or re-pays to the Fund, the whole or any amount withheld or withdrawn from the Fund, for any of the purposes mentioned in sub-clause (ii) of clause (a) of Rule 15, and sub-clauses (i) and (ii) of clause (b) of Rule 15, with interest thereon at the rate provided in rule 11. The Account Officer shall- (i) if the policy has been assigned to the Governor of Bihar, under Rule 19, re-assign the policy in the first Form set forth in the Third Schedule to the subscriber; or to the subscriber and the joint assured as the case may be and make it over to the subscriber together with a signed notice of the reassignment addressed to the Insurance Company. (ii) if the policy has been delivered to him under clause (b) of sub-rule (1) of Rule 19, make over the policy to the subscriber: Provided that if the subscriber, after proceeding on leave preparatory to retirement, or after being, while on leave permitted to retire, or declared by a competent medical authority to be unfit for further service returns to duty, any policy so re-assigned, or made over shall, if has not matured or been assigned, or charged or encumbered in any way, be again assigned to the Government of Bihar, and delivered to the Account Officer, again be delivered to the Account Officer, as the case may be, in the manner provided in Rule 19 and thereupon the provisions of these rules shall, so far as may be again apply in respect of the policy: Provided further that if the policy has matured, or been assigned, or charged or encumbered in any way the provisions of sub-rule (3) of Rule 19 applicable to failure to assign and deliver a policy shall apply. (2) Save as provided by sub-rule (3) of Rule 23, when the subscriber dies before quitting the Account Officer shall- (i) if the policy has been assigned to the Governor of Bihar, under Rule 19, re-assign the policy in the Second Form set forth in the Third Schedule to such person as be legally entitled to receive it, and shall make over the policy to such person together with a signed notice of the reassignment addressed to the Insurance Company; (ii) if the policy has been delivered to him under clause (b) of sub-rule (1) of Rule 19, make over the Policy to the beneficiary, if any or, if there is no beneficiary, such person as may be legally, entitled to receive it. ### 22. (1) If a policy assigned to the Governor of Bihar, under Rule 12 matures before the subscriber quits service or before his death, or if a policy on the joint lives of subscriber and his wife, assigned under the said rule, falls due for payment by reason of the wife's death, the Account Officer shall save as provided by sub-rule 23, proceed as follows:- (i) If the amount assured together with the amount of any accrued bonuses is greater than the whole of the amount withheld, or withdrawn from the Fund in respect of the policy with interest thereon at the rate provided in Rule 11, the Account Officer, shall re-assign the policy in the Form set forth-in the Fourth Schedule to the subscriber or to the subscribers and the joint assured, as the case may be and make it over to the subscriber, who shall pay or re-pay to the Fund the whole or any amount withheld, or withdrawn with interest and in default, the provisions of sub-rule (3) of Rule 19 applicable to a failure to assign and deliver a policy shall apply; (ii) if the amount assured together with the amount of any accrued bonuses is less than the whole of the amount withheld or withdrawn with interest, the Account Officer shall realise the amount assured together with any accrued bonus and shall place the amount so realised to the credit of the subscriber in the fund. (2) Save as provided by sub-rule (2) of Rule 23, if a policy delivered to the Account Officer under clause (b) sub-rule 19, matures before the subscriber quits the service and before his death, the Account Officer, shall make over the policy to the subscriber: Provided that if the interest on the policy of the wife of the subscriber or of his wife and children; or any of them, was contingent interest which expired when the policy matured, the subscriber, shall pay, or re-pay to the fund either- (i) the whole of any amount withheld, or withdrawn from the Fund in respect of the policy with interest thereon at the rate provided in Rule 11; or (ii) an amount equal to the amount accrued together with any accrued bonuses whichever is less and, in default the provisions of sub-rule (3) of Rule 19, applicable to a failure to assign and deliver a policy shall apply. ### 23. (1) If the interest of the subscriber in the Family Pension Fund, ceases in whole or part from any cause whatsoever, the Provident Fund Account of the subscriber shall forthwith be imbursed by the amount of the refund, if any, secured by the subscriber from the Family Pension Fund. (2) If the policy lapses, or becomes assigned, otherwise than to the Governor of Bihar under Rule 19, charged or encumbered the provision of sub-rule (3) of Rule 19, applicable to a failure to assign and deliver a policy shall apply. (3) If the Account Officer receives notice of- (a) an assignment (other than assignment to the Government of Bihar) under Rule 19; or (b) a charge or encumbrance on; or (c) an order of a Court restraining dealings with the policy or any amount realized thereon, the Account Officer shall not- (i) re-assign or make over the policy, as provided in Rule 12; or (ii) realize the amount assured by the policy on re-assignment, or make over the policy, as provided in Rule 29. by shall forthwith refer the matter to the Provincial Government. Circumstances in which accumulations are payable ### 24. When a subscriber quits the service, the amount standing to his credit in the Fund shall, subject to and deduction under Rule 27, become payable to him; Provided that a subscriber, who has been dismissed form the service and subsequently reinstated in the service, shall, if required to do so, by Government re-pay any amount paid to him from the Fund in pursuance of this rule; with interest thereon at the rate provided in Rule 11 in the manner provided in the proviso to Rule 25. The amount so re-paid, shall be credited to his account in the Fund, the part which represents his subscriptions and interest thereon and the part which represents the Government contributions with interest thereon, being accounted for in the manner provided in Rule 6. ### 25. When a subscriber- (a) has proceeded on leave preparatory to retirement, or if he is employed in a vacation department, or leave preparatory to retirement combined with vacation; (b) while on leave, has been permitted to retire, or declared by competent medical authority to be unfit for further service, the amount of subscriptions and interest thereon standing to his credit in the Fund shall, upon application made by him in that behalf to the Account Officer, become payable to the subscriber: Provided that the subscriber, if returns to duty, shall, if required to do so by Government re-pay to the Fund, for credit to his Account, the whole, or part of any amount paid to him from the Fund in pursuance of this Rule with interest thereon at the rate provided in Rule 11, in cash or securities, or partly in cash and partly in securities, by instalments, or otherwise, by recovery from his emoluments, or otherwise, as Government may direct. ### 26. Subject to any deduction under Rule 87, on the death of subscriber before quiting the service- (i) when the subscriber leaves a family- If a nomination made by the subscriber in accordance with the provision of Rule 5, in favour of a member or members of his family subsists, the amount standing to his credit in the Fund, or the part thereof, to which the nomination relates, shall become payable to his nominee or nominees, in the proportion specified in the nomination; (b) if no such nomination in favour of a member of the family of the subscriber subsists, or if such nomination relates only to part of the amount standing to his credit in the Fund; the whole amount or the part thereof, to which the nomination does not relate as the case may be, shall notwithstanding any nomination purporting to be in favour of any person other than a member of his family in equal shares: Provided that no share shall be payable to- (1) sons who have attained legal majority; (2) sons of a deceased son who have attained legal majority; (3) married daughters of a deceased son whose husbands are alive, if there is only member of the family other than those specified in clauses (1), (2), (3) and 4: Provided also that the widow or widows and the child or children of a deceased son shall receive between them in equal parts only the share which that son would have received if he had survived the subscriber. Note. - Any sum payable under these rules to a member of the family of a subscriber vests in such member under sub-section (2) of Section 8 of the Provident Fund Act, 1925. (ii) When subscriber leaves no family, if a nomination made by him in accordance with the provisions of Rule 5, in favour of, any person or persons subsists the amount standing to his credit in the Fund or the part thereof, to which the nomination relates shall become payable to his nomination in the proportion specified in the nomination. Note 1. - When a nominee is a dependent to the subscriber as defined in clause (c) of Section 3 of the Provident Fund Act, 1925, the amount vests in such member under sub-section (2) of Section 3 of the Act. Note 2. - When the subscriber leaves no family and no nomination made by him in accordance with the provisions of Rule 5, subsists, or if such nomination relates only to part of the amount standing to his credit in the Fund, the relevant provision of clause (b) and of sub-clause (ii) of clause (c) of sub-section (1) of Section 4 of the Provident Fund Act, 1925, are applicable to the whole amount, or the part thereof, to which the nomination does not relate. Note 3. - When a person named in a form of nomination under Rule 5, dies before the subscriber, the nomination shall in the absence of a direction to the contrary in the form of nomination, become null and void in respect of that person only and his, or her share, shall be distributed in the manner prescribed in sub-clause (b) of clause (i) above. Deductions ### 27. Subject to the condition that no deduction, may be made which reduces the credit by more than the amount of any contribution by Government with interest thereon credited under Rules 10 and 11 before, the amount standing to the credit of subscriber in the Fund is paid out of the Fund, the Provincial Government may direct the deduction therefrom and payment to Government of- (a) any amount, if a subscriber has been dismissed from the service for grave misconduct: Provided that, if the order of dismissal is subsequently cancelled the amount so deducted shall, on his reinstatement in the service, be replaced at his credit in the Fund. (b) any amount if a subscriber resigns his employment under Government within five year of the commencement thereof, otherwise than by reason of superannuation, or a declaration by competent medical authority that he is unfit for further service; (c) any amount due under a liability incurred by the subscriber to Government. Payment ### 28. (1) When the amount standing to the credit of a subscriber in the Fund, or the balance thereof, after any deduction under Rule 27, becomes payable, it shall be the duty of the Account Officer, after satisfying himself, when no such deduction has been directed under that rule, that no deduction is to be made, to make payment as provided in Section 4 of the Provident Fund Act, 1925. (2) If the person to whom under these rules, any amount, or policy is to be paid, assigned or reassigned or delivered is a lunatic for whose estate a manager has been appointed in this behalf under the Indian Lunacy Act, 1912, the payment or reassignment, or delivery will be made to such manager, and not to the lunatic. (3) Any person who desires to claim payment under this rule should send a written application in that behalf to the Account Officer. Pensionable Service ### 29. (1) If a subscriber is permanently transferred to pensionable service under the Provincial Government, he shall, at his option, be entitled- (a) to continue to subscribe to the Fund, in which case he shall not be entitled to any pension; or (b) to earn pension in respect of such pensionable service, in which case, with effect from the date of his permanent transfer- (i) he shall cease to subscribe to the Fund; (ii) the amount of contributions by Government with interest thereon, standing to his credit in the Fund, shall be, repaid to Government; (iii) the amount of subscriptions together with interest thereon; standing to his credit in the Fund, shall be, transferred to his credit in the General Provident Fund, to which, thereafter he shall, or may, subscribe in accordance with the rules of that Fund relating to compulsory or optional subscription, respectively; and (iv) he shall be entitled to count towards pension such part or the period during which he subscribed to the Fund, as Government may determine. (2) A subscriber shall communicate his option under sub-rule (1) by letter to the Account Officer within three months of the date of the order transferring him permanently to pensionable service; and if the communication is not received in the office of the Account Officer, within that period the subscriber shall be deemed to have exercised his option in the manner referred to in clause (a) of that Rule. Note. - Whenever a Contract Service Officer is appointed to a pensionable Government service the provisions of his rule may be brought to the notice of that Government servant concerned by the appointing authority. If any Government servant fails to exercise his option within the prescribed time limit, the Provincial Government will not be prepared to relax the rules unless there are very strong reasons to justify such relaxation. Procedure ### 30. All sums paid into the Fund under these rules shall be credited in the book of Government to an account named "The General Provident Fund." Sums of which payment has not been taken within six months after they become payable under these rules shall be transferred to "deposits" at the end of the year and treated under the ordinary rules relating to deposits. ### 31. When paying a subscription in India, either by deduction from emoluments or in cash, a subscriber shall quote the number of his account in the Fund which shall be communicated to him by the Account Officer. Any charge in the number shall similarly be communicated to the subscriber by the Account Officer. ### 32. (1) As soon as possible after the 31st March, of each year, the Account Officer shall send to each subscriber a statement of his account in the Fund showing the opening balance as on the 1st April, of the year, the total amount credited or debited during the year, the total amount of interest credited as on the 31st March of the year and the closing balance on the date. The Account Officer shall attach to the statement of the account an enquiry whether the subscriber- (a) desires to make any alteration in any nomination made under Rule 5; (b) has acquired a family [in cases where the subscriber has made no nomination in favour of a member of his family under the proviso to sub-rule 5.] (2) Subscribers should satisfy themselves as to the correctness of the annual statement, and errors should be brought to the notice of the Account Officer within six month from the date of the statement. (3) The Account Officer, shall if required by a subscriber, once but not more than once; in a year inform the subscriber of the total amount standing to his credit in the Fund at the end of the 1st month for which his account has been written up. First Schedule [Rules 5(2) and (3)] (1) Form of nomination when subscriber has a family I, hereby, nominate the person/persons mentioned below who is a member/are members of my family as defined in Rule (2) (1)(iii) of the Bihar Contributory Provident Fund Rules, to receive the amount that may stand to my credit in the Contributory Provident Fund, in the event of my death before that amount has become payable or having become payable has not been paid (and direct that the said amount shall be distributed among the said persons in the manner shown below against their names). \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| \| Name and address of the nominee or nominees \| Age of the nominee \| Name and address of the person or persons to whom payment is to be made on behalf of the nominee when he is minor \| Relationship with the subscriber \| Amount of share of accumulation \| Sex and parentage of person mentioned in column 5 \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| (2) Form of nomination when subscriber has no family I, having no family as defined in Rule 2(i) (iii) of the Bihar Contributory Provident Fund Rules, hereby, nominate the person/persons mentioned below to the amount that may stand to my credit in the Bihar Contributory Provident Fund in the event of my death before that amount has become payable or having become payable has not been paid (and direct that the said amount shall be distributed among the said persons in the manner, shown below against their names). \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| \| Name and address of the nominee or nominees \| Relationship with the subscriber \| Amount of the share of accumulation \| Sex and parentage of person mentioned in column 5 \| Age of the nominee \| Name and address of the person or persons to whom payment is to be made, on behalf of the nominee when he is minor \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| Signature of Subscriber. Date.............. Station........... Two witness to signature. Note. - Column 4 shall be filled in so as to cover the whole amount a credit. Second Schedule (Rule 19) Forms of assignment (1) I, A.B., of ............... hereby assign unto the Governor of Bihar the within policy of assurance as security for payment of all sums which under Rules 21 to 23 of the Bihar Contributory Provident Fund Rules I, May hereafter become liable to that Fund. I, hereby certify that no prior assignment of the within policy exists. Signature of the subscriber Date Station One witness to signature. (2) We, A.B., (the subscribers of .............. and C.D. (The joint assured) of ............. in consideration of the Government of Bihar agreeing to our request to accept payments towards the within policy of assurance in substitution for the subscriptions payable by me the said A.B., to the Contributory Provident Fund (or as the case may be, to accept the withdrawal of the sum of Rs. ............. from the sum to the credit of the said A.B., in the Contributory Provident Fund for payment of premium of the within policy of assurance), hereby jointly and severally assign unto the said Governor of Bihar, the within policy of assurance as security for payment of all sums which under Rules 21 to 23 of the Bihar Contributory Provident Fund Rules, the said A.B., may hereafter become liable to pay to that Fund. We, hereby, certify that no prior assignment of he policy exists. Signature of the subscriber and joint assured Date ................ Station ............ One witness to signature. Third Schedule (Rule 21) Forms of re-assignment by the Governor of Bihar (1) All sums which have become payable by the above named A.B./A.B. & C.D. under Rules 21-23 of Bihar Contributory Provident Fund Rules, having been paid and all liability for payment by him of any such sum in the future having ceased the Governor of Bihar do thereby re-assign the within policy of assurance to the said A.B. & C.D. Dated.................20 Executed by............................Account Officer of the Fund for and on behalf of the Governor of Bihar in the presence of ........................... Signature of the Account Officer, (One witness to signature). (2) The above named A.B. having died on the .................................day of.................the Governor of Bihar do thereby re-assign the within policy of assurance to C.D...................... Dated ............20 Executed by ......................... Account Officer of the Fund for and on behalf of the Governor of Bihar in the presence of............................. Signature of the Account Officer, (One witness to signature) Form of assignment to be used in case where a subscriber to the General Provident Fund who has effected an insurance policy under the rule of that Fund is admitted to the Bihar Contributory Provident Fund. I, A.B..............hereby further assign into the Governor of Bihar, the within policy of the Bihar Contributory Provident Fund Rules, I, may, thereafter become liable to pay to the Bihar Contributory Provident Fund. I, hereby, certify that except an assignment to the Governor of Bihar as security for payment of all sums which I have become liable to pay under Rule 21, of the General Provident Fund Rules, no prior assignment of the within policy exists. Date................ Station............. Signature of Subscriber, One witness to signature Note. - The assignment may be executed on the policy itself either in the subscriber's handwriting, in type, or, alternatively a typed or printed slip containing the assignment may be pasted on the blank space provided for the purpose on the policy. A typed or printed endorsement must be duly singed and if pasted on the policy it must be initialled across all four margins. Fourth Schedule (Rule 24) Form of re-assignment by Governor of Bihar The Governor of Bihar doth hereby re-assign within policy to the said A.B. & C.D./A.B.C.D. Executed by............................Account Officers of the Fund for and on behalf of the Governor of Bihar in the presence of.................... Signature of the Account Officer, (One witness to signature.) Fill in particulars of person legally entitled to receive the policy.
65ba6ab3ab84c7eca86eb351	acts	Union of India - Act ---------------------- The Central Electricity Regulatory Commission (Terms and Conditions for Recognition and Issuance of Renewable Energy Certificate for Renewable Energy Generation) Regulations, 2010 ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- UNION OF INDIA India The Central Electricity Regulatory Commission (Terms and Conditions for Recognition and Issuance of Renewable Energy Certificate for Renewable Energy Generation) Regulations, 2010 ===================================================================================================================================================================================== Rule THE-CENTRAL-ELECTRICITY-REGULATORY-COMMISSION-TERMS-AND-CONDITIONS-FOR-RECOGNITION-AND-ISSUANCE-OF-RENEWABLE-ENERGY-CERTIFICATE-FOR-RENEWABLE-ENERGY-GENERATION-REGULATIONS-2010 of 2010 ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- * Published on 14 January 2010 * Commenced on 14 January 2010 The Central Electricity Regulatory Commission (Terms and Conditions for Recognition and Issuance of Renewable Energy Certificate for Renewable Energy Generation) Regulations, 2010 Published vide Notification New Delhi, the 14th January, 2010 Central Electricity Regulatory Commission No. L-1/12/2010-CERC. - In exercise of powers conferred under sub-section (1) of Section 178 and Section 66 read with clause (y) of sub-section (2) of Section 178 of the Electricity Act, 2003 and all other powers enabling it in this behalf, and after previous publication, the Central Electricity Regulatory Commission hereby makes the following regulations for the development of market in power from Non-Conventional Energy Sources by issuance of transferable and saleable credit certificates: ### 1. Short title, commencement and extent of application. (1) These regulations may be called the Central Electricity Regulatory Commission (Terms and Conditions for Recognition and Issuance of Renewable Energy Certificate for Renewable Energy Generation) Regulations, 2010. (2) These regulations shall come into force from the date of their notification in the Official Gazette. (3) These Regulations shall apply throughout India except the State of Jammu and Kashmir. ### 2. Definitions and Interpretation. (1) In these regulations, unless the context otherwise requires,- (a) 'Act' means the Electricity Act, 2003 ( 36 of 2003 ); (b) 'Central Agency' means the agency as may be designated by the Commission under clause (1) of Regulation 3; (c) 'Certificate' means the renewable energy certificate issued by the Central Agency in accordance with the procedures laid down by it and under the provisions specified in these Regulations; (d) 'Commission' means the Central Electricity Regulatory Commission referred to in sub-section (1) of Section 76 of the Act; (e) 'eligible entity' means the entity eligible to receive the certificates under these regulations; (f) 'floor price' means the minimum price as determined by the Commission in accordance with these regulations at and above which the certificate can be dealt in the power exchange; (g) 'forbearance price' means the ceiling price as determined by the Commission in accordance with these regulations within which only the certificates can be dealt in the power exchange; (h) 'MNRE' means the Ministry of New and Renewable Energy; (i) 'obligated entity' means the entity mandated under clause (e) of sub-section (1) of Section 86 of the Act to fulfil the renewable purchase obligation; (j) 'Power Exchange' means that power exchange which operates with the approval of the Commission; (k) 'preferential tariff', means the tariff fixed by the Appropriate Commission for sale of energy, from a generating station using renewable energy sources, to a distribution licensee; (l) 'renewable energy sources' means renewable sources such as small hydro, wind, solar including its integration with combined cycle, biomass, bio fuel cogeneration, urban or municipal waste and such other sources as recognized or approved by MNRE ; (m) 'renewable purchase obligation' means the requirement specified by the State Commissions under clause (e) of sub-section (1) of Section 86 of the Act, for the obligated entity to purchase electricity from renewable energy sources; (n) 'State Agency' means the agency in the concerned State as may be designated by the State Commission to act as the agency for accreditation and recommending the renewable energy projects for registration and to undertake such functions as may be specified under clause (e) of sub-section (1) of Section 86 of the Act; (o) 'State Commission' means the State Commission referred to in sub-section (64) of Section 2 of the Act and includes a Joint Commission referred to in sub-section (1) of Section 83 of the Act; (p) 'Year' means a financial year. (2) Words and expressions used in these Regulations and not defined herein but defined in the Act or any other regulations issued by the Commission, shall have the same meaning assigned to them respectively in the Act, or such other regulations issued by the Commission. ### 3. Central Agency and its Functions. (1) The Commission shall designate an agency as the Central Agency after satisfying itself that the said agency has the required capability of performing its functions as provided under these regulations. (2) The functions of the Central Agency will be to undertake: (i) registration of eligible entities; (ii) issuance of certificates; (iii) maintaining and settling accounts in respect of certificates; (iv) repository of transactions in certificates; and (v) such other functions incidental to the implementation of renewable energy certificate mechanism as may be assigned by the Commission from time to time. (3) Subject to provisions of these regulations, the Central Agency, with approval of the Commission and after inviting comments from the State Agency shall issue a detailed procedure for registration of eligible entities, verification of generation of electricity and its injection into the grid by the eligible entity, issuance of certificates and other relevant and residual matters: Provided that the detailed procedure shall be prepared by the Central Agency and submitted to the Commission for approval within sixty days from the date of notification of these regulations: Provided further that while preparing the detailed procedure the Central Agency shall give three weeks time to the State Agency and other stakeholders for comments: Provided also that the Commission may at any time either on its own motion or on an application or representation made by any interested party direct the Central Agency to modify, add or delete any of the provisions of the detailed procedure as deemed appropriate and upon such directions by the Commission the detailed procedure shall he implemented with such modifications. (4) The Commission may issue directions to the Central Agency in regard to the discharge of its functions and the Central Agency shall always act in accordance with the directions issued by the Commission. ### 4. Categories of Certificates. (1) There shall be two categories of certificates, viz., solar certificates issued to eligible entities for generation of electricity based on solar as renewable energy source, and non-solar certificates issued to eligible entities for generation of electricity based on renewable energy sources other than solar. (2) The solar certificate shall be sold to the obligated entities to enable them to meet their renewable purchase obligation for solar, and non-solar certificate shall be sold to the obligated entities to enable them to meet their obligation for purchase from renewable energy sources other than solar. ### 5. Eligibility and Registration for Certificates. (1) A generating company engaged in generation of electricity from renewable energy sources shall be eligible to apply for registration for issuance of and dealing in Certificates if it fulfils the following conditions: (a) it has obtained accreditation from the State Agency; (b) it does not have any power purchase agreement for the capacity related to such generation to sell electricity at a preferential tariff determined by the Appropriate Commission; and (c) it sells the electricity generated either (i) to the distribution licensee of the area in which the eligible entity is located, at a price not exceeding the pooled cost of power purchase of such distribution licensee, or (ii) to any other licensee or to an open access consumer at a mutually agreed price, or through power exchange at market determined price. Explanation. - For the purpose of these regulations 'Pooled Cost of Purchase' means the weighted average pooled price at which the distribution licensee has purchased the electricity including cost of self-generation, if any, in the previous year from all the energy suppliers long-term and short-term, but excluding those based on renewable energy sources, as the case may be. (2) The generating company after fulfilling the eligibility criteria as provided in clause (1) of this regulation may apply for registration with the Central Agency in such manner as may be provided in the detailed procedure. (3) The Central Agency shall accord registration to such applicant within fifteen days from the date of application for such registration: Provided that an applicant shall be given a reasonable opportunity of being heard before his application is rejected with reasons to be recorded in writing. (4) A person aggrieved by the order of the Central Agency under proviso to clause (3) of this regulation may appeal before the Commission within fifteen days from the date of such order, and the Commission may pass order, as deemed appropriate on such appeal. ### 6. Revocation of Registration. (1) If the Central Agency, after making an enquiry or based on the report of the Compliance Auditors, is satisfied that public interests so require, it may revoke registration of the eligible entity in any of the following cases, namely :- (a) where the eligible entity, in the opinion of the Central Agency, makes wilful and prolonged default in doing anything required of him by or under these regulations; (b) where the eligible entity breaks any of the terms and conditions of its accreditation or registration, the breach of which is expressly declared by such accreditation or registration to render it liable to revocation; (c) where the eligible entity fails within the period required in this behalf by the Central Agency- (i) to show, to the satisfaction of the Central Agency, that it is in a position fully and efficiently to discharge the duties and obligations imposed on it by its accreditation or registration; or (ii) to make the deposit or furnish the security, or pay the fees or other charges required by its accreditation or registration. (2) The Central Agency before revoking the registration under clause (1) of this regulation shall give to the eligible entity reasonable opportunity for being heard. (3) Notwithstanding the provisions of sub regulations (2) and (3) above, the Commission may from time to time direct the Central Agency to initiate enquiry and/or revocation process if the Commission deems it fit where any or all of the conditions as at clauses (a) to (c) of sub-regulation (1) exist. (4) A person aggrieved by the order of the Central Agency under proviso to clause (1) of this regulation may appeal before the Commission within fifteen days of such order being communicated, and the Commission may pass order, as deemed appropriate on such appeal. ### 7. Denomination and Issuance of Certificates. (1) The eligible entities shall apply to the Central Agency for Certificates within three months after corresponding generation from eligible renewable energy projects: Provided that the application for issuance of certificates may be made on fortnightly basis, that is, on the first day of the month or on the fifteenth day of the month. (2) The Certificates shall be issued to the eligible entity after the Central Agency duly satisfies itself that all the conditions for issuance of Certificate, as may be stipulated in the detailed procedure, are complied with by the eligible entity. (3) The Certificates shall be issued by the Central Agency within fifteen days from the date of application by the eligible entities. (4) The Certificates shall be issued to the eligible entity on the basis of the units of electricity generated from renewable energy sources and injected into the Grid, and duly accounted in the Energy Accounting System as per the Indian Electricity Grid Code or the State Grid Code as the case may be, and the directions of the authorities constituted under the Act to oversee scheduling and dispatch and energy accounting, or based on written communication of distribution licensee to the concerned State Load Dispatch Centre with regard to the energy input by renewable energy generators which are not covered under the existing scheduling and dispatch procedures. (5) The process of certifying the energy injection shall be as stipulated in the detailed procedures to be issue by the Central agency. (6) Each Certificate issued shall represent one Megawatt hour of electricity generated from renewable energy source and injected into the grid. ### 8. Dealing in the Certificates. (1) Unless otherwise specifically permitted by the Commission by order, the Certificates shall be dealt only through the Power Exchange and not in any other manner. (2) The Certificate issued to eligible entity by the Central Agency may be placed for dealing in any of the Power Exchanges as the Certificate holder may consider appropriate, and such Certificate shall be available for dealing in accordance with the rules and bye-laws of such Power Exchange: Provided that the Power Exchanges shall obtain prior approval of the Commission on the rules and bye-laws including the mechanism for discovery of price of the Certificates in the Power Exchange. ### 9. Pricing of Certificate. (1) The Price of Certificate shall be as discovered in the Power Exchange: Provided that the Commission may, in consultation with the Central Agency and Forum of Regulators from time to time provide for the floor price and forbearance price separately for solar and non-solar Certificates. (2) The Commission while determining the floor price and forbearance price, shall be guided inter alia by the following principles: (a) Variation in cost of generation of different renewable energy technologies falling under solar and non-solar category, across States in the country; (b) Variation in the Pooled Cost of Purchase across States in the country; (c) Expected electricity generation from renewable energy sources including :- (i) expected renewable energy capacity under preferential tariff; (ii) expected renewable energy capacity under mechanism of certificates. (d) Renewable purchase obligation targets set by various State Commissions. ### 10. Validity and Extinction of Certificates. (1) The Certificate once issued shall remain valid for three hundred and sixty five days from the date of issuance of such Certificate: Provided that the Certificate issued to an eligible entity for the electricity generated at a time when such entity fulfilled the eligibility criteria for accreditation, shall remain valid for the said period of three hundred and sixty five days, even if accreditation of such entity is revoked at a later date. (2) Subject to the time-limit as provided in clause (1) of this regulation, a Certificate shall be deemed to have been extinguished after it has been exchanged by way of sale and purchase in the Power Exchange. ### 11. Fees and Charges. (1) The Commission may from time to time, based on the proposal in this regard from the Central Agency, determine, by order, the fees and charges payable by the eligible entities for participation in the scheme for registration, eligibility of certificates, issuance of certificates and other matters connected therewith. (2) The fees and charges payable under these regulations may include one time registration fee and charges, annual fee and charges, the transaction fee and charges for issue of certificate and charges for dealing in the certificate in accordance with these regulations, as the Commission may consider appropriate. (3) The fees and charges paid by the eligible entities shall be collected by the Central Agency and utilised for the purpose of meeting the cost and expense towards the remuneration payable to the compliance auditors, the officers, employees, consultants and representatives engaged to perform the functions under these regulations. ### 12. Funding for capacity building of State Agency. (1) The Commission may, by order, provide for a certain percentage of the proceeds from the sale of Certificates for the purpose of training and capacity building of the State Agencies and other facilitative mechanisms for the implementation and monitoring of the detailed procedures issued by the Central Agency. (2) The proceeds as provided under clause (1) of this regulation shall be collected by the power exchange and transferred to the Commission or such agency as may be directed by the Commission. ### 13. Appointment of compliance auditors. (1) The Commission may, in consultation with the Central Agency, appoint from time to time compliance auditors to inquire into and report on the compliance of these Regulations by the person applying for registration, or on the compliance by the renewable energy generators in regard to the eligibility of the Certificates and all matters connected thereto. (2) The compliance auditor shall have the qualifications and experience as contained in the Schedule to these Regulations: Provided that the Commission may by order amend the Schedule from time to time. (3) The Commission may from time to time fix the remuneration and charges payable to such auditors and all such amount payable shall be met out of the funds which the Central Agency may collect from the eligible entities. ### 14. Power to give Directions. - The Commission may from time to time issue such directions and orders as considered appropriate for the implementation of these regulations and for the development of market in power for Renewable Energy Sources. ### 15. Power to Relax. - The Commission may by general or special order, for reasons to be recorded in writing, and after giving an opportunity of hearing to the parties likely to be affected may relax any of the provisions of these regulations on its own motion or on an application made before it by an interested person. Schedule ---------- Qualification of Auditors - The auditor could be an individual person or a firm having persons with qualification and experience in the following areas :- (a) Finance or accounts or commerce; and (b) having qualifications and experience in the field of engineering with specialisation in generation, transmission or distribution of electricity, experience that demonstrates an adequate understanding of the electricity sector, institutions involved including Regulatory Commission, utilities, Government Institutions, State Agencies and their roles and responsibilities.
65ba27f6ab84c7eca86eab9e	acts	State of Maharashtra - Act ---------------------------- The Cattle-Trespass and Bombay District Felice (Amendment) Act, 1950 ---------------------------------------------------------------------- MAHARASHTRA India The Cattle-Trespass and Bombay District Felice (Amendment) Act, 1950 ====================================================================== Act 34 of 1950 ---------------- * Published on 6 November 1950 * Commenced on 6 November 1950 The Cattle-Trespass and Bombay District Felice (Amendment) Act, 1950 Bombay Act No. 34 of 1950 [Dated 6th November, 1950] For Statement of Objects and Reasons, see Bombay Government Gazette, 1950, Part 5, page 239. An Act to amend the Cattle-trespass Act, 1871, in its application to the State of Bombay and the Bombay District Police Act, 1890. Whereas it is expedient to amend the Cattle-trespass Act, 1871, in its application to the State of Bombay and the Bombay District Police Act, 1890, for the purposes hereinafter appearing; It is hereby enacted as follows :- ### 1. Short title. - This Act may be called the Cattle-trespass and Bombay District Police (Amendment) Act, 1950. ### 2. Amendment of sections 10, 12 and 26 of, and insertion of new section 28Ain Act I of 1871. - In the Cattle-trespass Act, 1871 - (1) in section 10, after the words "or any part thereof\* the following shall be inserted, namely "or a watch and ward appointed by a panchayat established under the Bombay Village Panchayats Act, 1933, or any person authorised by the State Government in this behalf, either by name or by virtue of office." (2) in section 12,- (a) the words "head of' shall be deleted; (b) for the words "Different scales may be prescribed for different local areas" the following shall be substituted, namely :- "Progressively increasing scales may be prescribed in respect of cattle belonging to or kept by the same person according to the number of cattle impounded at a time and the number of times such cattle are impounded and different scales may be prescribed for different local areas". (3) in section 26,- (a) the first paragraph shall be numbered as sub-section (1) of that section; (b) after sub-section (1) so numbered, the following subsections shall be inserted, namely :- "(2) The Magistrate trying the offence under sub-section (1) may order,- (a) that the accused shall pay such compensation, not exceeding two hundred and fifty rupees, as the Magistrate considers reasonable, to any person for any damage proved to have been caused to his crop or other produce of land by the accused committing the offence; (b) that the pigs in respect of which the offence has been committed shall be forfeited to the State Government. (3) Any compensation awarded under sub-section (2) may be recovered as if it was a fine imposed under this section." (c) the second paragraph shall be numbered as sub-section (4) of that section and in sub-section (4) so numbered the words "the foregoing portion of' shall be deleted; (4) after section 28, the following section shall be inserted, namely :- "28A. Offence under section 26 to be cognizable. - The offence under section 26 shall be cognizable." ### 3. [The amendments made by section 3 have been incorporated in the Bombay District Police Act, 1890 (Bombay 4 of 1890)].
65b9504cab84c7eca86e8da8	acts	State of Himachal Pradesh - Act --------------------------------- The Himachal Pradesh Private Forest Rules, 1969 ------------------------------------------------- HIMACHAL PRADESH India The Himachal Pradesh Private Forest Rules, 1969 ================================================= Rule THE-HIMACHAL-PRADESH-PRIVATE-FOREST-RULES-1969 of 1969 ------------------------------------------------------------- * Published on 28 October 1969 * Commenced on 28 October 1969 The Himachal Pradesh Private Forest Rules, 1969 Published vide Notification No. Ft. 12-114/58(M) dated, 28th October, 1969 Forest Department No. Ft. 12-114/58(M) . - In exercise of the powers vested in him under section 75 of Himachal Pradesh Private Forest Act, 1954 (6 of 1955), the Lieutenant Governor, Himachal Pradesh is pleased to make the following rules, the same having been previously published in Himachal Pradesh Rajpatra (Extraordinary), dated 14-3-1961. ### 1. These rules may be called the Himachal Pradesh Private Forest Rules, 1969 ### 2. In these rules unless there is anything repugnant in the subject or context: - (a) 'Act' means the Himachal Pradesh Private Forest Act, 1954 (6 of 1955); (b) 'Section' means a section of the Act; (c) the terms 'Collector', 'Controlled Forest', 'Estate', Fee', 'Forest', Forest Offence', 'Forest Officer', Forest Settlement Officer', 'Land Lord, 'Notification, 'Owner', 'Notified Forest', 'Private Forest', 'Prescribed', 'Right-holder', 'Rule', 'State Government', 'Timber, 'Tree', 'Waste Land', 'Working Plan' and 'Year' used in these rules shall have the same meaning as assigned to them in their definitions given in section 3 of the Act. ### 3. Notice to Owner(s) . - The Forest Officer before submitting any proposals for notifying any private forest as 'Notified Forest' under section 4 of the Act will serve a notice in Hindi or Local vernaculars on the owner(s) intimating of the action contemplated by the State Government and calling for his/their objections if any, within 30 days of receipt of such notice and such objections shall be considered by the State Government before notification under section 4 of the Act is issued. ### 4. Rules under clause (a) of section 7 read with section 9 to regulate; the rights to cut, collect or remove timber etc., from notified Private Forests. (1) The issue of the permits to cut, collect or remove trees, timber or fuel from a notified forest for purposes other than the domestic requirements of the owner or the right holders including manufacture of agricultural implements or cremation of dead bodies shall be governed by rules framed under sections 11,14 and 15 of the Act. (2) A right-holder shall cut trees, timber or fuel from a notified forest only to the extent specified in his rights. He shall not sell or otherwise transfer any timber obtained by him in the exercise of a right. ### 5. Rules under clause (b) of section 7 regulate the rights to reclaim land in a notified Private Forest for purposes of cultivation (including raising of fruit orchards). (1) The owner of a notified forest wishing to bring his forest or portion thereof under cultivation or fruit orchards shall apply for permission to do so to the Forest Officer, i.e., the Divisional Forest Officer having territorial jurisdiction over the said areas giving full particulars of the situation, khasra numbers and extent of area. The applicant should also state that in case permission is granted would he like to sell the trees to be cut for clearing the land through the Forest Department or direct to contractors. (2) Permission to reclaim any land for cultivation (including raising of fruit orchards) in notified forests will be granted only if:- (i) The owner or owners of a private forest do not possess sufficient cultivable land. For this purpose, 60 bighas cultivab land will be considered as sufficient. (ii) The slope of the land to be reclaimed for cultivation is not more than 20%. (iii) The land required to be reclaimed does not form an isolated patch in the middle of a notified forest or other Government Forest or waste land surrounding it; (iv) The land required to be reclaimed is not to be converted into a Ghasni or used for temporary cultivation. (v) The applicant pays 15% of the sale price of trees assessed as per rule 7 of the rules issued under section 11 and 15(i) of the Act; (vi) The applicant undertakes to abide by the terms of the bond appended to these rules in regard to bringing it completely under cultivation within a maximum period of 3 years or fruit orchards as the case may be within a maximum period of 5 years of the grant of permission for its reclamation and in proof of his earnestness deposits security of 5 per cent of the balance amount after due payment of 15 per cent of the sale price of the timber to the Forest Department, Himachal Pradesh Government. This security shall be deposited in the form of Post Office S.B. Deposits pleged to the Forest Officer. The security money will be returned if the land is brought under proper cultivation within three years or utilized for raising a fruit orchard as the case may be within the stipulated period of 5 years, to the satisfaction of the Forest Officer, but failing that, the amount of security deposits will be forfeited to Government. (3) The Forest Officer after satisfying himself about the ownership, boundaries and rights over the area etc., shall arrange to get the trees marked if in his opinion requisites as per rule (4), are fulfilled and permission for breaking up the land for cultivation or raising of fruit orchards in part or whole could be granted. The Forest Officer shall be empowered to permit clear felling of the area of gradual removal of trees as cultivation or planting or fruit trees progress. Provided that permission will not be granted for clear felling of more than 10 bighasata time. Further, permission will be granted for not more than 10 bighas at a time. Provided that area for which permission has been granted earlier is developed as an orchard or brought under cultivation to the satisfaction of the Forest Officer. (4) When the landlord or the owner has paid the Government fees vide rule 5(2) (v) and made security deposits vide rule 5(2) (vi) the Forest Officershal1 issue a permit granting permission for reclaiming the land for cultivation or fruit orchards in the form appended to these rules and shall also issue a licence on the prescribed form for felling and disposal of trees under section 11 of the Act. (5) The rules made under section (11), 14(1) and 15(1) and (2) regarding the felling of trees, their conversion and extraction and removal of the produce shall be deemed to be the rules made under this section as well to regulate the same operation. ### 6. Rules under section 10 to regulate the rights of landlord or persons claiming through the landlord to cut or remove timber or other forest produce from a notified forest. (1) The landlord ora lessee or any other person claiming through the landlord shall not cut or remove or permit any person to cut and remove any tree, timber or other forest produce in or from a notified forest so as to affect the rights of any person which he enjoys under law, custom or usage. The Forest Officer shall determine and limit the quantity of timber and other forest produce to be cut and removed by the landlord or a lessee or any other person on behalf of the landlord, should the timber and other forest produce to be removed from a notified forest under the provisions of a sanctioned working plan or silviculturally available in an area for which no working plan has been prepared be insufficient to meet the requirements of rightholders. (2) An appeal against the orders passed by the Forest Officer under sub-rule (1) shall lie with the territorial Conservator of Forests whose decision shall be final. The appeal shall be preferred within a period of three months of the communication of the order. ### 7. Rules under section 11 read with section 15(1) to regulate grant of licences to fell trees and fees for sale of trees. (1) The owner/owners of a private forest wishing to sell trees from his forests shall apply for permission to do so to the Forest Officer, i.e., the Divisional Forest Officer having territorial jurisdiction over the said area giving full particulars of the situation, khasra numbers and acreage of the area. The applicant should also state, if he would like to sell the trees through the Foret Department or direct to any contractor in case the permission for sale is granted to him. (2) The application should b& accompanied by: - (a) A shajra map of the area duly verified by the Patwari; (b) A certificate issued by the Halqa Kanungo to the effect that the applicant/applicants is/are the sole owner/owners of the area and that the said area is free from rights of users. If the area is encumbered with any rights, the nature and extent of rights may also be clarified in the said certificate. (3) The Forest Officer after satisfying himself about the ownership, boundaries and rights over the area shall arrange to get the trees marked through the territorial Range Officer or any authorised assistant according to the prescriptions of the working plan or scheme for the area if no regular working plan or scheme exists for the area then trees will be got marked according to silvicultural requirement of the crop and also keeping in view the necessity for conservation of soil and moisture and interest of general public and that of right-holders over the area. (4) If no trees can be marked over the area, the Forest Officer shall inform the applicant accordingly giving specific reasons in this respect. An appeal against the orders of the Forest Officer shall lie with the Territorial Conservator of Forest within a period of 3 months from the date of original order whose decision shall be final. (5) Permission for sale of trees shall be granted subject to restrictions and limitations imposed under section 10 in the prescribed form. (6) If the owner wishes to sell the trees marked through the Forest Department, then the Forest Officer shall arrange sale through auction or calling for tenders as he deems fit. (7) The landlord or the owner selling the trees shall pay 15% of the sale price as fees to the State Government. If the sale is made through the Forest Department, then 15% of the actual amount realised shall be payable as fees but if the landlord or the owner chooses to sell the trees direct to any contractor then the sale price of the trees marked will be assessed according to the following principles which shall be deemed accepted principles vide sub clause (3) of section 11 and 15% of the value of trees marked so worked out shall be payable as State fees: - (i) if the volume marked is less than 1,400 cubic meters, the sale price will be worked out at the rate of 30% of the market rates for the Forest Division concerned for different species, (ii) for volume marked from 1,400 to 2,800 cubic metres, 2,800 to 5,600 cubic metres and above 5,600 cum, the sale price shall be worked out at the rate of 50%, 75% and full market rates respectively; (iii) for purposes of assessment of the sale price market rates will be those fixed by the Chief Conservator of Forests, Himachal Pradesh annually for each Forest Division or locality for different species. (8) On payment of Government fees by the landlord or the owners of the trees, the Forest Officer shall issue a licence for the sale and felling of trees in his favour on the form appended with these rules and subject to the conditions appearing on the back of the form. (9) Prescriptions of the Working Plan/Scheme and instructions issued by the Forest Officer regarding conduct of fellings and conversion of the produce shall be deemed to be the rules for cutting of trees under this clause provided that trees are not cut at a height of more than 15 centimetres from the ground and no bamboo culmless than one year old is cut and provided further that no charcoal burning is done without the permission of the Forest Officer in writing or in contravention of the direction issued by him. (10) The licence shall be surrendered to the issuing authority on the expiry of its period and work stopped unless the period of licence is further extended by the Forest Officer. (11) The Forest Officer may at any time cancel the licence in case of abuse or breach of any rules and conditions, stop the work and seize the trees or produce thereof to realise any Government dues. In the event of cancellation of the licence, the licensee shall have not claim against the Forest Officer or the State Government for any loss or damages on this account nor shall he be entitled to any refund for fees paid by him. An appeal against the order of the Forest Officer shall lie with the Territorial Conservator of Forest within a period of 3 months from the date of original order. ### 8. Rules under section 12 to regulate, preparation of plan for notified private forests. (1) The period within which any owner of a notified forest will be directed to prepare a Working plan in the manner prescribed by the Forest Officer shall not be less than one full year if the area is 400 hectares and above in extent and 6 months for areas below 400 hectares in extent to be reckoned from the date directions are issued by the Forest Officer. No working Plans shall be required for notified forests less than 10 hectares in extent. (2) Permission to cut, collect or remove timber or fuel for sale in a notified forest shall not be granted in areas for which a Working Plan is required to be made until such Working Plan is approved by the competent authority (3) The competent authority to sanction Working Plans of notified forests shall be as follows - (a) Divisional Forest Officer -Area 10 to 20 hectares. (b) Conservator of Forests, Incharge territorial or Working Plan Circle. - Area above 20 hectares The Working Plan shall be subject to review by the Chief Conservator of Forests in case the owner prefers an appeal. (4) If the owner of a notified private forest wishes that Working Plan be prepared by the Forest Officer on his behalf under section 12(2) then he shall communicate his wishes to the Forest Officer within a period of 3 months of the receipt of notice served on him by the Forest Officer regarding preparation of Working Plan vide Rule (1) above. (5) If the cost of the Working Plan is to be borne by the owner as per provisions of sub-clause (5) of the section the Forest Officer shall present a regular bill to him and the owner shall pay up the amount within 6 months of receipt of the bill, failing which the amount of the bill will be recovered from him as arrears of land revenue. ### 9. Rules under section (14(1) and 15(3) to regulate extraction and removal of timber from notified private forests. (1) Save for trees, timber and fuel required by the owners or the right-holders for domestic purpose, manufacture of agricultural implements or cremation of dead bodies, no trees shall be felled unless they are duly hammer marked by the Range Forest Officer incharge of the territorial Forest Range or covered by a licence to be issued under rules framed under sections 7,11 and 15( 1) of the Act. If any tree is irretrievably damaged in the course of felling, the licensee shall obtain a fresh licence for their disposal and shall not fell or convert them till then. (2) The removal of trees, timber, fuel or charcoal by land or river shall be strictly in accordance with the general and specific rules and regulations enforced by the Himachal Pradesh Government, for the locality from which trees, timber, fuel and charcoal is desired to be remove. ### 10. Rules under section 14(2) to regulate resin tapping in Private Chil, Kail Forest. (1) The owner of a private chil/kail forest wishing to carry out resin tapping in his forest shall apply to the Forest Officer, i .e., the Divisional Forest Officer having territorial jurisdiction over the said area or any subordinate officer authorised by him in this behalf, giving full details of the situation, khasra nos. and extent of the area. (2) The application should be accompanied .by: - (a) A shajra map of the area duly verified by the Patwari. (b) A certificate issued by the Halqua Kanungo to the effect that the applicant/applicants is/are the sole owner/owners of the area and that the said area is free from rights of users If the area is encumbered with any rights, their nature and extent may also be clarified in the said certificate. (3) The Forest Officer after satisfying himself about the ownership, boundaries and rights over the area shall arrange to get the trees fit for resin tapping enumerated, push marked and listed (4) The Forest Officer shall grant permission to the owner to carry out resin tapping on trees so marked and listed in the form appended to these rules, no resin shall be extracted from any other trees or without the permission in writing by the Divisional Forest Officer. (5) Resin tapping rules and regulations laid down in technical order No. 13 and instructions issued from time to time by the Forest Officer shall be deemed to be the tapping rules under this section. Ordinarily light tapping will be done. Heavy tapping will only be permitted on trees for which the owner holds a felling licence. The following instructions will be strictly adhered to: - (i) The first channel will be near the ground on the southern face of the tree. In case of trees which have been tapped previously, it is possible that the last channel may not have reached the permissible height. In such cases the old channels will be continued. New blazes will be set only on trees which have either no channel or the old channel has been tapped for atleast four seasons. (ii) In case of new blazes the intervening space between successive blazes will be at least 13 cms. at the ground level and at least 10 cms. (ten centimetres) at the top level of the previous channel discontinued after four years tapping (iii) The length of the blazes in the first year shall not exceed 48 cms.(forty eight centimetres) and for the subsequent years a blaze shall not exceed 38 cms. (thirty eight centimetres) in length at the end of a tapping season.Width and depth of channel shall not exceed 10 cms. (ten centimetres) and 2.5 cms (two and half centimetres) respectively. (iv) The ground will be kept clear of chips, shavings and other inflammable material upto one metre and round the trees under tapping on level ground and in case of slopping ground upto a distance of 2 metres downward and one metre upward respectively. (v) The freshing will be done after every six days and not more than 9 mm. will be cut at each freshning. ### 11. Rules under section 27 to regulate the rights of grazing of cattle in notified forests. (1) The right-holders shall graze cattle in notified forests only to the extent specified in their rights admitted under law [or] [Substituted for the Comma, by Notification No. 3-191/69-SF dated 9-11-1972 Published in R.H.P dated 3-2-1973, page 161.] through customs or usage. (2) No right holder shall pasture of cause to be pastured in a notified forest any cattle of which he is not the owner. ### 12. Rules under section 18(4) to regulate the disposal of forfeited forest produce. (1) Any tree, timber or other forest produce forfeited under section 18 shall be transferred to the charge of the Forest Officer by the Collector. The Forest Officer shall dispose of the said trees, timber or other forest produce to the best advantage and shall deposit the sale proceeds thereof in a Government Treasury to the credit of the [State Government] [Substituted for 'Provincial Government 'by Notification No. 3-191/69-SF dated 9-11-1972] as revenue to the Forest Department. If for any reason there is no Forest Officer available to take charge of the forefeited articles, the Collector shall sell away the said articles, and credit the sale proceeds in the same manner. Provided that the said articles shall not be disposed of by way of sale of otherwise, until the expiry of the period for filing appeal against the order of the magistrate and in case an appeal has been preferred, until the decision of the appeal. The articles after the decision shall be disposed of keeping in view the orders of the appellate court: Provided further, when the said articles seized are subject to speedy and natural decay or when the expense keeping them in custody is likely to exceed their value, the same may be sold. ### 13. Rules under section 20(2) to regulate the service of a copy of notification on the landlord. (1) As soon as a notification under section 20 is issued, the Collector shall serve a copy thereof on the landlord where there is a sole landlord, or where there are two or more landlords, on each landlord. If the Collector has reason to believe that the landlord or landlords has or have transferred his or their rights to some other person or persons, he shall serve a copy of the notification on each transferee or transferees. (2) In each case under the preceding rule the copy of the notification shall be forwarded by post in a cover registered under Chapter V of the Indian Post Office Act, 1898 (VI of 1898). (3) The Collector shall also cause a copy of the notification to be affixed in conspicuous place in every town and village, the revenue survey area of which contains any part of the forest comprised in the notification and shall further cause the purport of the notification to be published by beat of drum in such of the above towns and villages as the Collector may consider necessary. (4) If for any reason the copy of the notification forwarded in the manner indicated in sub-rule (2) is not received by any landlord or landlords or any transferee or transferees, as the case may be, it shall not invalidate the Collector's proceedings under the Act provided due publicity to the notification has been given by affixing a copy thereof and by announcing the purpose of it by beat of drum in the locality and in the manner prescribed in sub-rule (3). ### 14. Rules under section 21(1) to regulate the manner of hearing the landlords' objection under section 20(c). (1) The procedure followed by the Revenue Court shall mutatis mutandis be followed by the Collector in hearing an objection presented in writing under section 20( 1) (c). (2) The Collector shall give due notice of the date of hearing to the Forest Officer appointed under section 34 and shall supply him with a copy of the landlord's objection, if any presented in writing and the Forest Officer may, if he considers it necessary, be present at the hearing and shall be entitled to produce evidence or adduce arguments if any, and such evidence or arguments or cross-examination shall be recorded by the Collector and be taken by him, into consideration in passing orders under these rules. ### 15. Rules under section 21(2) prescribing the period within which shall be filed or revision application against the Collector's order under section 21(1). - The period prescribed for filing a revision application under section 21(2) shall be 90 days from the date of the order passed by the Collector under section 21(1). ### 16. Rules under section 21(4) prescribing the procedure to be followed by the Forest settlement Officer in hearing the landlord in an enquiry conducted under section 21(3) (c). - As soon as a notification under section 21(3) is issued, the Forest Settlement Officer shall, in the manner prescribed in the rules under section 20, give an opportunity to the landlord to be heard in the enquiry referred to in section 21(3) (c) The landlord shall be allowed for this purpose time of one month from the date of receipt of the notice by him. ### 17. Rules under section 30(2) to regulate the manner of publishing order under section 30( 1). - The Collector shall cause a translation of the order passed by the State Government under section 30(1) to be made into the local vernacular and published in every town and village in the neighbourhood or the said private forest. ### 18. Rules under section 32 prescribing the authority to hear the appeal against the order of the Forest Settlement Officer. - The prescribed authority under section 32 shall be the Collector of the district in which the forest is situated provided that where the Collector himself is the Forest Settlement Officer, the prescribed authority shall be the Commissioner, Himachal Pradesh. ### 19. Rules under section 44 to prescribe the time for payment of allowance and net profits to the landlord. - The allowance referred to in section 44(1) (a) shall be paid to the landlord in October each year. The net profit for a financial year shall be paid in the month of May next year after deducting 10 per cent towards the cost of management as provided in section 44(1) ### 20. Rules under sub-section (2) of section 75 to regulate the cutting, sawing, conversion and removal of trees and timber, and the collection, manufacture and removal of forest produce from controlled forests. (1) In the interval between the issue of notification under section 20 and 35 of the Act the provisions of the order issued by the State Government under section 30 of the Act shall be deemed to be the rules made under this clause. (2) The prescriptions of the sanctioned Working Plan or Working Scheme for a controlled forest shall be deemed to be the rules for marking and cutting of trees under this clause. (3) No trees shall be cut unless they have been duly hammer marked by the Forest Officer. (4) The removal of timber by land or water routes and collection and removal of other forest produce shall be subject to rules and regulations enforced by the State Government, in this behalf from time to time. Rules 2 to 5 made under section 14( 1) and 15(2) of the Act regarding export of timber, fuel and charcoal shall be deemed to be the rules made under this clause as well. ### 21. Rules under clauses(b) , (c), (d) and (e) of sub-section (2) of section 75 to regulate the grant of licences to persons for taking for their own use or felling or removing for purpose of trade any trees, timber, and other forest produce from controlled forests and the payments if any, to be made for the grant of licences and the places where such payments shall be made. (1) After meeting the requirements of landlord and the right-holders all trees marked in a Controlled Forest according to the prescriptions of a Working Plan or Working Scheme and all other surplus forest produce shall be disposed off by public auction or any other method approved by the Territorial Conservators of Forests. (2) No persons other than the owner or right-holders of Controlled Forests who have been allowed to cut and remove timber and other forest produce under section 41 of the Act shall take, tree, timber or other forest produce from such forest for their personal use unless they hold a pass, permit or licence for such tree, timber or other forest produce issued in their name by the Forest Officer or having paid the stipulated price thereof. Provided that no permit shall be required when wood is required for cremation purposes. (3) All persons permitted by the Forest Officer to take any forest produce shall carry with them the pass, permit or licence granted to them by such Forest Officer when they go to the particular forest or coupe for taking the forest produce and produce it on demand by any Forest Officer on duty. (4) No person shall be allowed to fell or remove any timber or other forest produce from a Controlled Forest for the purposes of trade unless he has entered into agreement in this behalf with the State Forest Department. All fellings and removal of any such forest produce by such persons shall be subject to the terms and conditions laid down in the instrument of the sale or lease executed or in the licence issued under these rules. (5) All payments to be made for such trees, timber or other produce, the time of making payments and the places where such payments shall be made in accordance with provisions of the said instrument of sole or lease or licence. ### 22. Rules under clause (f) of sub-section (2) of section 75 to regulate the examination of forest produce passing out of Controlled Forests. (1) Any forest produce passing out of Controlled Forest shall be covered by a pass, permit or licence issued under these rules by the Forest Officer in a form prescribed by him. Provided that no pass or licence shall be required when wood is required for cremation purposes. (2) If the forest produce, referred to in sub-rule (1) is timber, the said pass, permit or licence shall bear a proper hammer mark or any other mark of the Forest Department. (3) All forest produce, in transit, may be stopped and inspected at any place by any Forest Officer and all persons incharge of forest produce shall be bound to produce the pass, permit or licence when called upon to do so by such Officers. If the said forest produce is not covered by a pass, permit or licence as required under sub-rule (1), or if the entries in the pass, permit or licence produced by the said person or persons do not agree with the forest produce in transit, a forest offence in respect of the forest produce would be deemed to have been committed and the forest produce in transit together with all tools, boats, carts, motor trucks or cattle etc., shall be liable to seizure by any Forest Officer. (4) Where check posts have been established along the route for examination of forest produce in transit by land or water such forest produce shall pass through such check posts and the persons in-charge of the said forest produce in transit shall get the pass, permit or licence endorsed by the Forest Officer in-charge of the check posts. No forest produce shall pass through a check post after sunset and before sunrise. ### 23. Rules under clause (g) sub-section (2) of section 75 to regulate the clearing and breaking up of land for cultivation or other purposes in controlled Forests. - No clearing or breaking up of land for cultivation or other purposes will be permitted in Controlled Forests. ### 24. Rules under clause (h) of sub-section (2) of section 75 to regulate the protection from fire of timber lying in Controlled Forests and trees. (1) Any person authorised to collect any inflammable forest produce including grasses and bamboos within the limit of a Controlled Forest shall do so in stacks in an open space at a reasonable distance from such forests so as to involve no danger to the said forest in the event of ignition of the stacks. (2) No person shall camp within a controlled forest at any place other than a place cleared and set apart for the purpose of camping by the Forest Officer. The Forest Officer shall in each year publish a list of places which may be used as camping grounds that year. (3) No person shall carry any burning would Mashal, lighted biri or cigarette or any other burning matter along the boundary of or through Controlled Forests. (4) No person shall kindle fire for the purpose of clearing any standing forest or grass land near a Controlled Forest in such manner as to endanger such forest, unless: - (a) he gives at least one weeks notice to the Forest Officer or the nearest Ranger or Forester of his intention to do so; (b) he clears a belt of land at least 6 metres broad on that side of the land which he proposes to burn which is nearest to such forest. (5) No person shall kindle any fire referred to in sub-rule (4) on any day or at any time when high wind is blowing. (6) No person shall kindle fire for the purpose of burning any wood, grass, weeds or other cut materials on land adjoining a Controlled Forest unless such materials are first collected in heaps and the heaps are burnt separately in such a manner as not to endanger such forest. (7) No person shall kindle fire for cooking near a Controlled Forest in such a way as to endanger such forest and any person who kindles any such fire near a Controlled Forest shall extinguish it before leaving the spot on which the fire was kindled. (8) These rules shall apply only during the period beginning with the first day of October and ending on the first day of July in each calendar year. ### 25. Rules under clause(i) of sub-section (2) of section 75 to regulate the cutting of grass in Controlled Forests. (1) Cutting of grass by the landlords shall be regulated by the Forest Officer according to the provisions of section 41 of the Act. (2) The right-holders shall be permitted to cut grass to the extent their rights are admitted in a Controlled Forest under section 26(l)(d). (3) Non-right-holders shall be permitted to cut grass from a Controlled Forest only if in the opinion of the Forest Officer the produce is in excess of the requirements of the landlord and the right-holders Only grass cutting will be allowed by the Forest Officer on permits to be issued on payment of fees and [under executive directions issued by the Territorial Conservators of Forests from time to time] [Substituted by Notification No. 3-191/69-SF, dated 9-11-1972, (Published in R.H.P. dated 3-2-1973, page 161) for the words 'under rules approved by the Territorial Conservator of Forests.'] , ### 26. Rules under clause (f) of sub-section (2) of section 75 to regulate hunting, shooting, fishing, poisoning water, and setting traps or snares in Controlled Forest. (1) Hunting, shooting, fishing, poisoning of water and setting traps and snares in a controlled forest shall be regulated by the Forest Officer on the issue of permits according to the rules and regulations in force for Government Protected forest in the State. (2) The Territorial Conservator of Forests may at any time declare that any Controlled Forest or part thereof (hereinafter called the Sanctuary) shall be closed to shooting and hunting of all games either permanently or for such temporary period as he may specify in his order. (3) Subject to the control of the Conservator of Forests the Forest Officer shall divide all Controlled Forests other than the sanctuaries into shooting blocks and shall fix the number of animals or birds which may be killed in any such block in any particular year and shall restrict the killing of animal or birds so as to prevent such number being exceeded. (4) No person, other than a permit holder or any exempted person shall hunt, shoot, fish, poison water or set up traps and snares in any Controlled Forest. (5) This rule shall not require the landlord of a Controlled Forest or any person authorised by him and by the Forest Officer to obtain a permit, or to pay any fee to hunt, shoot, or fish in such forests. ### 27. Rules under clause (k) of sub-section (2) of section 75 to regulate the burning of charcoal, or the subjection of any forest produce to any manufacturing process in Controlled Forests. (1) Burning of charcoal in a Controlled Forest is prohibited except under permission of the Forest Officer in writing and subject to such conditions with regard to season and site etc., as the Forest Officer may fix. [\* \* \*] [The words 'Any instructions issued in this behalf by the Forest Officer shall be deemed to be issued by the State Government under this clause' del. by Notification No. 3-191/69-SF, dated 9-11-1972, published in R.H.P. dated 3-2-1973, page 161.] ### 28. Rules under clause (b) of sub-section (2) of section 75 to regulate tree exercise in Controlled Forests of any rights of right-holders. (1) In the Controlled Forests each right-holder shall be entitled to an allotment of timber and other forest produce according to the maximum quantity admitted under clause (c) of sub-section (1) of section 26 of the Act, but should in any year the yield from a coupe or portion of the forest to be worked under the prescriptions of the Working Plan/Scheme be insufficient to meet the maximum requirements of right-holders. The Forest Officer shall determine for this year the quantity of timber or other forest produce which each right-holder may take under section 48 of the Act read with sections 41 and 45 of the Act. (2) The right of grass cutting in Controlled Forests shall be exercised in accordance with rules made under section 75(2)(i). (3) A right-holder will cut only such trees which have been duly marked by the Forest Officer and specifically allotted to him. Cutting of any other trees by the right-holders shall be treated as an offence under the Act. (4) A right-holder will not be allowed to remove his equipments unless he holds a permit issued in his name by the Forest Officer or his duly authorised assistant. He must carry this permit with him when he goes to the forest for removal of the forest produce and shall show it to any Forest Officer on demand. Provided that these restrictions shall not apply when wood is required for cremation purposes. (5) Trees will be cut a height of not more than 15 cms. from the ground and no bamboo clum less than one year old will be cut. The cut produce will be properly stacked by the right-holders in the forest and not removed till after it has been checked and entered on the permit by a Forest Officer on duty. (6) No right-holder shall sell or transfer any timber obtained by him for his domestic requirement in exercise of his rights. (7) If any Controlled Forest are grouped by the Forest Officer under section 46, the rights therein shall be exercised in the manner specified and as directed by the Forest Officer under section 41. ### 29. Rules under clause (m) of sub-section (2) of section 75 to regulate the rewards to be paid to officers and informers out of the proceeds of fines and confiscations under the Act. (1) All non-Gazetted Government officers and persons not in the employment of Government are eligible for rewards under these rules. (2) Where any Magistrate or Court has imposed a fine for any forest offence under the Act, such Magistrate or Court shall send a report of the imposition and realisation of such fine to the Forest Officer. (3) The Forest Officer may grant rewards in such proportions as he thinks fit to persons instrumental in the detection of the offence, the seizure of the article or the capture of the offenders: Provided that- (i) the total awards paid in respect of any forest offence shall not exceed the amount of fine realized and the sale proceeds of any articles confiscated; (ii) a reward exceeding Rs. 10 shall not without the previous sanction of the Conservator of Forests, be paid in respect of a forest offence. (4) (i) When it has been decided to grant to any person a reward exceeding Rs. 100 the whole amount of such reward shall be paid without any delay to such person. (ii) When it has been decided to grant a reward exceeding Rs. 100 to any person, Rs. 100 of the amount of such reward shall be paid without any delay to such person, and the balance shall be paid to him after the expiration of the period allowed for filing an appeal against the decision of the Magistrate or Court trying the offence in respect of which the reward has been granted [or if an appeal has been preferred after it has been decided.] [Added by Notification No. 3-191/69-SF, dated 9-11-1972, published in R.H.P., dated 3-2-1973, page. 161.] (iii) If the conviction for a forest offence in respect of which reward has been paid to any person is reversed on appeal, the amount paid to such person shall not be recovered from him unless the officer granting the reward is satisfied that such person has acted fraudulently in obtaining such reward. (5) When a Forest Officer, has under section 64 of the Act accepted a sum of money as compensation, reward may be paid by the Forest Officer to any person who may have contributed to the discovery of the suspected offender: Provided that - (i) the Forest Officer shall not without the previous sanction of the Conservator of Forests, pay a reward exceeding Rs. 10 in respect of any one suspected offence; and (ii) the total reward paid in connection with the discovery of any one suspected offence shall not exceed the sum recovered as compensation. ### 30. Rules under clause (n) of sub-section (2) of section 75 to regulate the extracting of resin in and its removal from a private forest. (1) Instruction contained in Technical Order No. 13 shall be deemed to be the rules for resin tapping in private forests under this clause. (2) Extraction and removal of resin from notified private forests shall be regulated according to rules made under section 14(2) of the Act. In the case of controlled forests extraction and removal of resin shall be carried out and controlled by the Forest Officer in the same manner as for Government protected forests. ### 31. Rules under Clause(o) of sub-section (2) of section 75 to regulate working of mines and quarrying of minerals for purpose, of section 50 read with section 76 of the Act. (1) Any prospecting, quarrying or mining lease in a controlled forest has been granted by any person legally entitled to mineral right (hereinafter regarded to as mineral owner) prior to the forest having been taken over under the said act, or whenever any such lease is granted by him after forest has been so taken over the grantee shall report to the forest officer the name and address of the lessee together with the terms of the lease. (2) The mineral owner or the lessee or their agents and workmen shall at all times have the right and liberty to enter upon any part of the Controlled forests without let or hinderance for purposes of prospecting quarrying or mining, but they shall do nothing in respect of any forest produce nor shall they disturb the surface in any way except as hereinafter provided. (3) Where prospecting, quarrying or mining operation does not involve the clearing or cutting of any forest growth, it may be done without the permission of or without reference to the Forest Officer. (4) Where the prospecting, quarrying or mining involves clearance of undergrowth, such as shrubs, or bushes over an area not exceeding one twentyfifth of an hectare, but does not involve the cutting of any tree or pole sapling or bamboo, the clearance may be done but a report thereof shall immediately be submitted to the Forest Officer. (5) Where prospecting, mining or quarrying necessitates clearance of under growth over an area exceeding one twenty-fifth of an hectare or the cutting down of trees or poles or saplings or bamboos, the previous permission in writing of the Forest Officer shall be necessary, and the clearnace shall not be done or the trees or poles or sapling or bamboo shall not be cut until these have been marked by the Forest Department for felling and the royalty thereof assessed and paid. Provided that the Forest Officer shall be at liberty to refuse to permit what he considers wasteful cutting or clearance of forest growth unnecessary for the rights of the mineral owner: Provided further that an appeal against the Forest Officer's order shall lie to the Territorial Conservator of Forest within a period of the months from the date of original order, whose decision shall be final. (6) If the mineral owner or his lessee desires to construct any road or building, any other work or structure for purposes of mining or quarrying he shall obtain the previous permission of Forests Officer and shall pay compensation assessed by the Forest Officer and abide by the conditions and regulations issued by the Forest Officer in this behalf. (7) Mining and quarrying of stones and slates or burning of lime, etc., in controlled forests by persons who have no mineral rights in the said forests shall be subject to the terms and conditions or any lease sanctioned by the competent authority or any instructions issued in this behalf by the Forest Officer. ### 32. Rules under clause (p) of sub-section (2) of section 75 to regulate the power and duties of a Forest Officer under the Act. (1) (i) Unless otherwise specifically provided in these rules or by notification under clause (7) of section 3 of the Act, every Gazetted Forest Officer (whether Class I or Class II) incharge of a territorial Forest Division, shall be deemed to be "Forest Officer" within his territorial jurisdiction, for the purposes of the Act and these Rules. (ii) Without prejudice to the generality of the foregoing delegation, the Conservators of Forests within their respective territorial jurisdictions and also the Chief Conservator of Forests will be competent to exercise the powers and discharge the functions of "Forest Officer" under the Act and these rules, provided if any such power is exercised or function discharged by the Conservator of Forests, then the appeal, if a provision exists in these Rules for such appeal, shall lie to the Chief Conservator of Forests. (2) The Chief Conservator of Forests and all Conservator of Forests are empowered to exercise all or any of the powers conferred on the Divisional Forest Officers. (3) For the purpose of section 64 all gazetted Forest Officers are empowered to compound forest offences other than those specified in Section 61 and 62 of the Act with the permission of the Court before which any prosecution for the offence is pending. ### 33. Rules under clause (q) of sub-section (2) of section 75 to regulate the items to be included as revenue and items to be included as expenditure in the account mentioned in section 43 and the manner in which such account shall be prepared. (1) The revenue expenditure accounts (including timber account) shall be maintained in the same manner as for a Forest Range. On the receipt side of the account shall be credited all cash and book transfer receipts of every description, the total income shall include the sale proceeds of forest produce as well as proceeds of confiscation or forfeiture in forest offence. On the expenditure or debit side of the account shall be entered all cash and book transfer expenditure on works, staff, allowances and profits paid to the landlord under section 44, rewards paid to informers and officers in forest offences expenses incurred on purchase and repairs of stores, tools and plant and other incidental and sundry charges incurred in connection with management. (2) When the forests of two or more landlords are grouped together for management under section 46 then the apportionment of general cost on management shall be made in accordance with the areas of respective forests and intensity of works as the Forest Officer may decide with the approval of Territorial Conservator of Forests provided that any special charges incurred solely on account of management of any particular forest shall be debited to the accounts of that landlord. (3) The apportionment of revenue derived from forests belonging to two or more landlords where the forests are grouped together for management and the forest produce is sold in one lot for unavoidable reasons shall be made on quantity of produce sold from each forest by the Forest Officer with approval of the Territorial Conservator of Forests provided that revenue derived solely, from any individual forest shall be credited into the accounts of the landlord of the said forests. (4) An abstract of debit and credit to be made against each landlord shall be posted monthly in the cash book after close of the accounts as well as in separate ledger accounts to be maintained for each landlord. (5) A profit and loss account shall be prepared for each landlord in accordance with instructions contained in section 44 at the close of the financial year.
65b99c29ab84c7eca86e972c	acts	State of Haryana - Act ------------------------ The Punjab Ayurvedic and Unani Practitioners (Election) Rules, 1965 --------------------------------------------------------------------- HARYANA India The Punjab Ayurvedic and Unani Practitioners (Election) Rules, 1965 ===================================================================== Rule THE-PUNJAB-AYURVEDIC-AND-UNANI-PRACTITIONERS-ELECTION-RULES-1965 of 1965 ------------------------------------------------------------------------------- * Published on 1 June 1965 * Commenced on 1 June 1965 The Punjab Ayurvedic and Unani Practitioners (Election) Rules, 1965 Published vide Notification No. GSR. 120/P.A. 42/63/S. 54/65, dated 1st June, 1965. ### 1. Short title and commencement. - (i) These rules may be called the Punjab Ayurvedic and Unani Practitioners (Election) Rules, 1965. (ii) They shall come into force at once. No. GSR. 120/P.A. 42/63/S. 54/65. - In exercise of the power conferred by section 54 of the Punjab Ayurvedic and Unani Practitioners Act, 1963, the Governor of Punjab is pleased to make the following rules, the same having been previously published vide Punjab Government, Medical and Health Department, notification No. G.S.R. 82/P.A. 42/63/S. 54/65, dated the 21st April, 1965, as required by section 54 (1) of the aforesaid Act. ### 2. Definitions. - In these rules, unless the context otherwise requires, (a) 'Act' means the Punjab Ayurvedic and Unani Practitioners Act, 1963; (b) 'Form' means a form appended to these rules; (c) 'Chairman' means the Chairman of the Board; (d) 'Elector' means the registered practitioner whose name is entered in the Register on the date as may be specified under rule 3; (e) 'Government' means the Government of the State of [Haryana] [Substituted vide Haryana Adoption of Laws Order for words 'Punjab'.] ; (f) 'Returning Officer' means the Chairman or any other person authorised by him to act as Returning Officer; and (g) 'section' means a section of the Act. ### 3. Notification about election. - [Sections 3, 4 & 54(2) (b)]. - Whenever election under clause (b) of sub-section (1) of section 3 becomes necessary the Chairman shall issue a notice calling upon the electors to elect a member or members by a date to be specified in the notice. ### 4. Prescribed date under section 3(4) . - [Sections 3 and 54 (2) (a)]. - 15th of October shall be the date on which the number of registered practitioners [residing in the State of Punjab] [See Ist Amendment Rules, 1971.] shall be counted under sub-section (4) of section 3. ### 5. Preparation of electoral roll. - [Sections 4 and 54 (2) (b)]. - The electoral roll shall be prepared by the Registrar from the Register. It shall contain the name, father's name, address and registration number of every elector qualified to vote for the election of a member of the Board. ### 6. Publication of draft electoral roll. - [Sections 4 and 54 (2) (b)]. - The Returning Officer shall publish in the manner stated in rule 8, the electoral roll along with a notice stating that any objection relating to entries in or omission from the said electoral roll may be preferred to the Returning Officer at his office during office hours, on or before the date to be specified in the notice. ### 7. Final publication of electoral roll. - [Sections 4 and 54 (2) (b)]. - The Returning Officer shall soon after the objections have been heard and decided but not later than ten days after the date fixed for hearing of objections, publish in the manner laid down in rule 8, the final electoral roll and shall cause to be printed a sufficient number of copies of the electoral roll for supply on payment to such persons as may apply for the same. ### 8. Method of publication. - [Sections 4 and 54 (2) (b)]. - Any order, notification or the electoral roll to be published for general information under these rules shall be deemed to be duly published if the same is placed at conspicuous places outside the offices of - (a) Deputy Commissioners, Tehsildars and Sub-Divisional Officers (Civil) in the State. (b) The Registrar of the Board. ### 9. [ Election Programme. [Words Omitted vide Haryana Ist Amendment Rules 1972.] - [Sections 4 and 54 (2) (b)]. - As soon as may be after the issue of the notice under rule 3, the Returning Officer shall frame the election programme. The scrutiny of nomination papers shall be held not later than the third day of the last date fixed for filing nomination papers and three days' time shall be allowed for the withdrawal of nomination papers after their scrutiny. He shall specify the date], time and place for the filing of nomination papers, the date by which ballot papers, after voting shall be received by him and the date of publication of names of persons declared to have been elected. ### 10. Amendment, variation or modification of election programme. - [Sections 4 and 54 (2) (b)]. - The Chairman by an order in writing, may amend, vary or modify an election programme at any time : Provided that unless the Chairman otherwise directs no such order shall be deemed to invalidate any proceedings taken before the date of the order. ### 11. Publication of order under rule 10. - [Sections 4 and 54 (2) (b)]. -Every order under rule 10 shall be published in the manner prescribed under rule 8. ### 12. Nomination of candidates. - [Sections 4 and 54 (2) (b)]. - (1) Any registered practitioner whose name appears in the electoral roll published under rule 7 and who is not disqualified under the Act may be nominated as a candidate for election to the Board. Provided that the nomination paper complete in all respects is delivered by the persons nominated or by his proposer or seconder to the Returning Officer on the date, time and place fixed under rule 9. (2) The nomination of each candidate shall be made on a separate nomination paper in Form I and must be subscribed by the candidate himself as assenting to the nomination and by two persons as proposer and seconder whose names are included in the electoral roll published under rule 7. ### 13. Deposit. - [Sections 4 and 54 (2) (b)]. - Each candidate filing a nomination paper under the provisions of rule 12 shall, at or before the time of delivery of his nomination paper, deposit or cause to be deposited a sum of fifty rupees in cash or by money order with the Registrar and enclose with the nomination paper the cash receipt issued by the Registrar or the money order receipt. No candidate shall be deemed to be duly nominated unless such deposit has been made. ### 14. Forfeiture of deposit. - [Sections 4 and 54 (2) (b)]. - If a candidate by whom or on whose behalf the deposit referred to in rule 13 has been made is not elected and the number of votes polled by him is less than one half of the votes polled by the candidate who is declared to have been elected with least number of votes the deposit shall be forfeited to the Board. ### 15. Refund of deposit. - [Sections 4 and 54 (2) (d)]. - (1) The deposit in the following cases shall by an order in writing of the Chairman on the recommendation of the Returning Officer, be refunded to the candidate, or if not made by him to the person by whom it was made or where the candidate has died to his legal representatives - (a) where the nomination paper of the candidate has been rejected; or (b) where the candidate has withdrawn his nomination paper within the specified time; or (c) where the candidate has died before issue of the ballot-papers to the electors. (2) The deposit in the following cases shall be refunded after the declaration of the result of the election : (a) where the candidate though not elected does not forfeit his deposit under rule 14. (b) where the candidate is elected. ### 16. Scrutiny of nomination papers and decision of objections. - [Sections 4 and 54 (2) (b)]. - The Returning Officer shall examine the nomination papers at the time appointed in this behalf, hear objections, if any, presented by the objectors in person, to the eligibility of any candidate and determine these objections after such enquiry as he may consider necessary. The decision, rejecting or accepting a nomination paper, and a brief statement of reasons thereof shall be endorsed on the nomination paper and signed by the Returning Officer : Provided that the Returning Officer may - (a) permit a clerical error, in the nomination paper, in regard to names or numbers, to be corrected in order to bring them in conformity with the corresponding entries in the electoral roll; and (b) where necessary, direct that any clerical or printing error in the said entries shall be ignored. (2) The person objecting under sub-rule (1) must be an elector. ### 17. Withdrawal of candidature. - [Sections 4 and 54 (2) (b)]. - (1) Any candidate may withdraw his nomination by a notice in writing, which shall be subscribed by him and delivered to the Returning Officer, before the expiry of the time allowed for the withdrawal of nomination papers. (2) No person who has given a notice of withdrawal under sub-rule (1) shall be allowed to cancel the withdrawal or be re-nominated as candidate for the same election. ### 18. List of nominations to be posted. - [Sections 4 and 54 (2) (b)]. - (1) The Returning Officer shall on the expiry of the time fixed for withdrawal or nomination papers prepare and publish by posting outside his office, in alphabetical order, a list of the names of each of the validly nominated candidates in Form II (hereinafter called the contesting candidates) and shall except where action is taken under rule 19 cause their names to be entered in the ballot paper in Form III. (2) The Returning Officer shall inform by registered post every candidate who has been duly nominated. ### 19. Procedure after publication of list of validly nominated candidates. - [Sections 4 and 54 (2) (b)]. - (1) If the number of contesting candidates is equal to the number of persons to be elected, the Returning Officer shall declare all such candidates duly elected. (2) If the number of contesting candidates is less than the number of persons to be elected, the Returning Officer shall declare all such candidates duly elected, and shall forward a list of such persons to the Government through the Chairman, and if he is the Chairman then direct to the Government, together with a report, specifying the number of unfilled seats. The Chairman shall also take action to fill up the remaining vacancies. ### 20. Death of a candidate before election. - [Sections 4 and 54 (2) (b)]. - If a candidate who has been validly nominated dies and a report of his death is received by the Returning Officer before the issue of ballot-papers to the electors the Returning Officer shall countermand the poll [-] [Words 'in respect of that constituency' omitted vide Haryana Notification dated 12.11.1971.] and report the matter to the Chairman and all proceedings with reference to the election [-] [Words 'in that constituency' omitted vide Haryana Notification 12.11.1971.] shall be commenced in all respects as if for a new election: Provided that no fresh nomination shall be necessary in the case of a candidate, whose name is entered in the list of validly nominated candidates published under rule 18. ### 21. Returning Officer to send ballot-papers by post. - [Sections 4 and 54 (2) (b)]. - (1) The Returning Officer shall, as soon as may be, after the publication of the list of valid nominations under rule 18, send under certificate of posting to each elector a ballot-paper in Form III and shall enter on the counterfoil of each such ballot-paper the name of the elector to whom the ballot paper is sent and his serial number in the electoral roll. (2) Along with the ballot paper the Returning Officer shall also send - (a) a cover addressed to himself in Form IV-A, and (b) an envelope with the number of ballot paper entered on its face. The Returning Officer shall have the number of the ballot-paper entered at the left hand bottom corner of the cover in Form IV-B. (3) The ballot-paper together with the cover and envelope shall be sent to the address of the elector as shown in the electoral roll. (4) After all the ballot-papers have been issued under this rule, the Returning Officer shall seal up the packet of counterfoils of all such ballot papers and record on such packet the description of its contents and the election to which it refers. (5) No election shall be invalidated by reason that an elector has not received his ballot-paper provided that the ballot-paper has been issued to him in accordance with these rule. ### 22. Ballot-papers to be returned after recording votes thereon. - [Sections 4 and 54 (2) (b)]. - (1) Every elector on receiving his ballot paper sent under rule 21, if he desires to vote at the election, shall record his vote thereon and sign the declaration in accordance with the instructions set out on the ballot-paper. (2) The elector shall place the ballot-paper in the envelope, close the envelope and enclose it in the cover and send the cover by post or messenger to the Returning Officer in accordance with the instructions aforesaid so as to reach him before 3 p.m. on the date fixed in this behalf under rule 9. Any cover which is not received by the Retuning Officer before 3.00 p.m. on the date so fixed shall be rejected. All such rejected covers shall be kept in a separate sealed packet by the Returning Officer, and a list thereof shall be prepared. ### 23. Attestation of the electors' signatures on the ballot-paper. - [Sections 4 and 54 (2) (b)]. - An elector should obtain the attestation of his signatures but not of his vote by Sarpanch of a Gram Panchayat or [by a member of Local Authority, or of State Legislature or of Parliament] [Substituted for words 'or' by the Haryana Notification dated 12.11.1971.] by a gazetted officer of the Government of India or of a State Government. ### 24. Issue of undelivered and fresh ballot-papers. - [Sections 4 and 54 (2) (b)]. - (1) When a ballot-paper and other connected papers sent by post under rule 21 are for any reason returned undelivered, the Returning Officer may re-issue them by delivery to the elector personally on his applying for the same. (2) In cases where any elector has inadvertently dealt with his ballot paper or any of the connected papers in such manner that the papers cannot conveniently be used, a second set of ballot-papers and other connected papers may be issued to the elector on the elector returning ballot-paper and other connected papers to the Returning Officer and satisfying him of the inadvertence. The papers so returned to the Returning Officer together with the counterfoil of the ballot-papers so returned shall be marked as cancelled by the Returning Officer. The papers so cancelled except the counterfoils of the ballot-papers shall be kept in a separate envelope set apart for the purpose. ### 25. Manner of recording votes. - [Sections 4 and 54 (2) (b)]. - (1) Every elector in a constituency shall have as many votes as there are seats to be filled at the election. (2) Such an elector, when giving his votes shall place the mark 'X' in the space opposite the name of the contesting candidate or candidates for whom he desires to vote. ### 26. Counting of votes. - [Sections 4 and 54 (2) (b)]. - (1) Counting of votes shall be done at the office of the Returning Officer on the day next following the date fixed under rule 9 for the receipt of ballot papers by the Returning Officer and shall commence at 10 a.m. (2) No person other than a contesting candidate and one agent for each such candidate authorised by him in writing in this behalf may remain present at the place of counting (besides the Returning Officer and the person assisting him under his order in the counting of votes). ### 27. Grounds for declaring ballot-papers invalid. - [Sections 4 and 54 (2) (b)]. - A ballot paper on which - (a) no mark X has been placed against the name of any candidate; (b) the mark X has been placed opposite the names of more candidates than there are seats to be filled at the election; (c) any mark is made by which the elector may afterwards be identified; (d) the signature of the electors not duly attested; or (e) for any reason it is not certain for which candidate or candidates the elector intended to vote; shall be invalid; Provided that in a case under clause (e) if the total number of marks X does not exceed the number of seats and there is no uncertainty about a vote having been cast in favour of any candidate then the ballot-paper shall not be invalid as a whole and it will be valid in respect of each candidate in respect of whom there is no such uncertainty. ### 28. Procedure to be followed at the counting of votes. - [Sections 4 and 54 (2) (b)]. - (1) On the date and at the time and place mentioned in rule 26, the Returning Officer shall open the cover containing the ballot-papers received by him under rule 22 before 3 p.m. on the date fixed for receipt of ballot- papers under rule 9 and take out and thereafter scrutinise the ballot-papers taken out from the cover and separate the ballot papers which he deems valid from those which he rejects, endorsing on the latter the word rejected and the ground of rejection. (2) the Returning Officer shall thereafter cause to be counted the valid votes given to each contesting candidate as recorded on the ballot papers which he has not rejected; (3) if the counting of votes be not completed by 6 p.m. on the day appointed, the Returning Officer may adjourn the proceedings until the following day at 10 a.m. and is such case shall place all the documents relating to the election, under his own seal and the seals of the candidates or their agents, if any, are present and desire to affix their seals and shall otherwise take proper precautions for the security of the document. The Returning Officer may in like manner adjourn the proceedings from day to day until the counting of the votes has been completed. (4) After the counting is completed the Returning Officer may on his own motion or at the request of any candidate from whom votes have been cast or his agent recount the votes. ### 29. Declaration of result. - [Sections 4 and 54 (2) (b)]. - When the counting, or if there is recounting, the recounting of the votes has been completed the Returning Officer shall forthwith declare the conteting [candidates of whome not less then four be persons holding a diploma or degree in the Ayurvedic System or Unani System] [Substituted for the words 'candidate or candidates, as the case may be' by Haryana Notification dated 12.11.1971.] to whom the largest number of votes has been given to be duly elected and shall forthwith inform such successful contesting candidates by letters of their having been elected to the Board and shall also send a copy of the same to the Chairman and the Government. ### 30. Decision in case of equality of votes. - [Sections 4 and 54 (2) (b)]. - When an equality of votes is found to exist between any candidates and addition of one vote would entitle any contesting candidate to be declared elected, the determination of the contesting candidate to whom such additional vote shall be deemed to have been given shall be made by lot, to be drawn by the Returning Officer in the presence of such contesting candidates or their agents. ### 31. Sealing and preservation of election material. - [Sections 4 and 54 (2) (b)]. - After the result has been declared by him, the Returning Officer shall seal the voting papers and all other documents relating to the election and shall retain the same with him for a period of six months [after the final disposal of the election petition, if any,] [Words added vide Haryana Notification dated 12.11.1971.] and thereafter cause them to be destroyed. ### 32. Amount of security to be furnished for filing election petitions. - [Sections 37 (1) and 54 (2) (k)]. - Every registered practitioner filing an election petition to the prescribed authority shall deposit one hundred rupees in the State Bank of India in the current account of the Board or in the office of the Board and attach the receipt issued by the said Bank or the Chairman with the election petition. ### 33. Authority to whom election petitions may be presented. - [Sections 37 (1) and 54 (c) (2) (1)]. - The election petition may be presented to the Chairman and the same will be referred for decision by the Chairman to the election Tribunal to be appointed by the Chairman by means of a notification in the Government Gazette. ### 34. Form of affidavit. - [Sections 38 (1) and 54 (2) (m)]. - Where any corrupt practice is alleged, the petitioner shall submit alongwith the election petition an affidavit in Form VI in support of the allegation of such corrupt practice and the particulars thereof, which shall be attested by a Magistrate of the 1st Class. Form I [See rule 12] Nomination Paper Election of Members to the Board of Ayurvedic and Unani Systems of Medicine, Haryana. Particulars about the candidate nominated : ### 1. Name of the candidate (In Block Letters) \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ ### 2. Registration Certificate No. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ ### 3. Father's name \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ ### 4. Age \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_Sex \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Community \_\_\_\_\_\_\_\_\_\_\_\_\_ ### 5. System of Medicine practised \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ ### 6. Registered qualification of the candidate \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ ### 7. Address \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ ### 8. Signature of the Proposer \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ ### 9. Registered number of the Proposer \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ ### 10. Address of the Proposer \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ ### 11. Signature of Seconder \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ ### 12. Registered number of Seconder \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ ### 13. Address of the Seconder \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Declaration by Candidate I hereby declare that I agree to this nomination. My name exists in the electoral roll at serial No.\_\_\_\_\_\_\_\_\_\_ Security of fifty rupees has been deposited by me,\_\_\_\_\_\_\_\_ vide, receipt No. \_\_\_\_\_\_dated \_\_\_\_\_\_\_\_which is attached herewith. Signature of the candidate This nomination paper was received by me at (date and hour). Returning Officer. Instructions Nomination papers which are not received by the Returning Officer before \_\_\_\_\_\_\_\_\_\_\_ will be invalid. ### 2. The name of the candidate should be as it appears in the electoral roll. Receipt to be given to candidate. Received nomination paper of Shri \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_from the contesting candidate/the proposer/the seconder/the authorised agent of the contesting candidate at (date and hour). Signature of Returning Officer. Form II [See rule 18] List of validly Nominated Candidates \| \| \| \| \| --- \| --- \| --- \| \| S.No. \| Name of the Candidate \| Address of Candidate \| \| 1 \| 2 \| 3 \| \| 1 \| \| \| \| 2 \| \| \| \| 3 \| \| \| \| 4 \| \| \| \| 5 \| \| \| \| 6 \| \| \| \| 7 \| \| \| \| etc. \| \| \| Returning Officer Form III [See rules 18 and 21(1) ] Front of Ballot-paper \| \| \| \| --- \| --- \| \| Foil \| Outer \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| Counterfoil \| Names of Candidates \| Following Ayurvedic System \| Following Unani System \| Space for marking the ballot paper \| \| Election to the Board of Ayurvedic andUnani Systems of Medicine, Haryana, Chandigarh 19 .Sr. No. of Ballot-paperNo. on the roll of the election in theelectoral rollName of the electorDate of despatchInitial of Despatching Officer etc. .......... ........... ............. \| 1.2.3.4.5.6.7.8.9. \| \| \| \| Note - On the back of the ballot-paper the number of the elector on the electoral roll to whom it is sent should be noted. Serial No. Instructions ### 1. The number of contesting candidates for which the elector may vote is\_\_\_\_\_\_\_\_\_\_\_ of which\_\_\_\_\_\_\_\_ will be registered practitioners following Ayurvedic System and \_\_\_\_\_\_ will be registered practitioners following Unani System. ### 2. Out of \_\_\_\_\_\_\_\_\_\_\_ candidates to be returned \_\_\_\_\_\_\_\_\_\_\_\_\_must be persons holding a diploma or degree in Ayurvedic/Unani Systems of Medicine. ### 3. The candidates who names are mark \*[are holding a diploma or degree in the Ayurvedic System or Unani System. ### 4. You shall vote by placing the mark X opposite the name or names of candidate whom you prefer. If you do not wish to use all your votes (in case where more than one vote is allowed) you need not do so, but more than one vote may not be given to any one candidate. ### 5. The Ballot-paper shall be invalid, if - (a) the mark X is placed opposite the name of more candidates than are to be elected; or (b) the declaration is not properly signed by the elector; or (c) it does not bear the initials of the Returning Officer; or (d) no vote is recorded thereon; or (e) a voter signs his name or writes a word or makes any mark on it by which it becomes recognisable as his ballot-paper; or (f) the number of votes recorded thereon exceeds the number of vacancies to be filled; or (g) it does not conform to the Punjab Ayurvedic and Unani Practitioners (Election) Rules, 1965; or (h) it is void for uncertainty of one or more votes exercised; Provided that when more than one vote can be given on the same ballot- paper, if one of the marks is so placed as to render it doubtful to which candidate it is intended to apply the vote concerned and not the whole ballot paper shall be invalid on that account. ### 6. You should sign the declaration in Form V (enclosed) and write your number on the electoral roll and the place of your residence on it, in the presence of the Attesting Officer who shall be a Gazetted Officer or a Sarpanch. He shall attest only the elector's signatures but not his vote which should not be recorded in his presence. You should return this declaration along with the ballot-paper, which shall be put into the small envelope. Without such signature, entry and attestation, the ballot-paper shall be invalid. ### 7. In case you fill in more than one ballot-paper the first only of such, ballot-papers received by the Returning Officer shall, if otherwise in order be valid; and if the Returning Officer is unable to determine which of such ballot-papers was first received by him, both or all such ballot-papers shall be invalid. ### 8. The ballot-paper shall be sent to the Returning Officer, by Registered Post or handed over to him personally. Ballot-papers which are not received by the Returning Officer before the \_\_\_\_\_\_\_\_\_\_\_ day \_\_\_\_\_\_\_\_\_\_\_19\_\_\_ shall be rejected. Form IV-A [See rule 21 (2) ] Envelope Small To The Returning Officer (Election) , Board of Ayurvedic and Unani Systems of Medicine, Haryana, Chandigarh. Form IV-B [See rule 21 (2) ] Envelope Big Serial No. To The Returning Officer (Elections) , Board of Ayurvedic and Unani Systems of Medicine, Haryana, Chandigarh. Form V [See instruction No. 6 in Form III] I hereby declare that my name appears in the electoral roll, - vide entry, No. Signature of the Elector, Residence Certified that the above elector has signed the declaration in my presence. Name of the Officer. Signature of the Attesting Officer. Designation and complete address of the Attesting Officer Form VI [See rule 34] Affidavit I, \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_(mention here the name of the petitioner) son of Shri \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_(mention here the name of the father) Age \_\_\_\_\_\_\_\_\_\_of \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_(Complete address) make solemn affirmation/oath and say (i) that the respondent has been guilty of the corrupt practices of (mention here one or more of the corrupt practice) and particulars thereof; (ii) that the particulars stated in the paras No. \_\_\_\_\_\_\_\_\_ are true to my knowledge. Signature of the Deponent. Solemnly affirmed/sworn by Shri/Shrimati\_\_\_\_\_\_\_\_\_ at \_\_\_\_\_\_\_\_\_\_\_\_this\_\_\_\_\_\_\_\_\_day of \_\_\_\_\_\_\_\_\_\_\_19\_\_\_\_\_before me. Name of the Attesting Magistrate. Date and place of Attesting with Seal of the Office.
65ba8180ab84c7eca86ebc8b	acts	Union of India - Act ---------------------- Imported Packages(Opening) Regulations, 1963 ---------------------------------------------- UNION OF INDIA India Imported Packages(Opening) Regulations, 1963 ============================================== Rule IMPORTED-PACKAGES-OPENING-REGULATIONS-1963 of 1963 --------------------------------------------------------- * Published on 13 July 1973 * Commenced on 13 July 1973 Imported Packages(Opening) Regulations, 1963 Published vide M.F (D.R.) Notification No. 182-Cus, dated 13th July, 1973 M.F (D.R.) Notification No. 182-Cus, dated 13th July, 1973. - In exercise of the powers conferred by Section 157 of the Customs Act, 1962 ( 52 of 1962 ), and in supersession of the notification of the Government of India in the late Finance Department (Central Revenues) No. 53-Custom, dated 2nd July, 1927, the Central Board of Revenue hereby makes the following regulations, namely : ### 1. Short title. - This regulation may be called by Imported Packages (Opening) Regulations, 1963. ### 2. Permission to be obtained for opening packages. - No person shall, except with the permission of the proper officer, open any packages of goods imported into India and lying in a customs area.
65b9c70aab84c7eca86e9f1f	acts	State of Madhya Pradesh - Act ------------------------------- The M.P. Water Supply Rules ----------------------------- MADHYA PRADESH India The M.P. Water Supply Rules ============================= Rule THE-M-P-WATER-SUPPLY-RULES of 1968 ----------------------------------------- * Published on 30 October 1968 * Commenced on 30 October 1968 The M.P. Water Supply Rules Published vide Notification No. 3190-1520-17-Med.-2, dated 30-10-1968, M.P Rajpatra. Part 4 (Ga) , dated 29-11-1968 at pp. 1032-1046 The State Government hereby makes the following rules for supply of water from Government Owned Water Works the same having been previously published in the "Madhya Pradesh Rajpatra" :- ### 1. Short title and commencement. - (i) These rules shall be called the Madhya Pradesh Water Supply Rules. (ii) These rules shall come into force from the date of publication in the "Madhya Pradesh Gazette". ### 2. Definitions. - In these rules, unless the context otherwise requires :- (a) "Water Works" means the machinery and equipment owned by State Government for the supply of water under these rules; (b) [ "Officer-in-charge" means the Executive Engineer, of the Division under which the water works exist, but if that water works is at a place other than the district head quarter then, the Assistant Engineer concerned] [Substituted Notification No. F-1753-464-35-1-79, dated 27-5-1979.] ; (c) "Authorised Officer" means the Officer-in-charge or the Water Works and works connected therewith and includes any other officer authorised by the Officer-in-charge in this behalf; (d) "Consumer" means any body corporate, person or persons supplied or applying to be supplied with, or using the water from the water works, or any person or persons otherwise liable for payment of water tax or water charges; (e) "Water Works Main" means the distributing pipe line carrying water from the water works; (f) "Communication Pipe" means the portion of the pipe line between the main and the meter stopcock valve; (g) "Departmental stopcock or valve" means Gland-cock or valve fixed on the ferrule or the communication pipe lo control flow of water, through the meter; (h) "Ferrule" means a ferrule connecting a communication pipe with water works main; (i) "Meters" means the apparatus fixed for measuring the quantity of water supplied; (j) "Premises" means any house or building (inclusive of the grounds attached thereto) or its parts or any tenements thereof, or any other land in respect of which water is supplied or (k) "Storage Cistern" means any cistern for storing the water supplied by water works but shall not include a cistern for storing rain water or hot water or water for flushing or other sanitary needs; (l) "Plumber" means any person engaged in pipe laying and fitting and licensed by the Officer-in-charge or the Authorised Officer; (m) "Agreement" means the agreement in the prescribed form executed by the person or persons desiring water supply from the water works; (n) "Domestic Supply" means water supply for bona fide domestic use of drinking, bathing, kitchen, gardening and for house hold sanitary fittings; (o) "Non-domestic supply" means supply of water for purposes other than those covered under domestic supply; (p) "Industrial Supply" means supply of water for industrial purposes; (q) "Water tax or water charges" water tax or water charges shall mean the rates of water supply as fixed from time to time for domestic or non-domestic or industrial supply. Rates shall be filed by the State Government for State owned water works; (r) "Minimum charge" Minimum charge shall mean the minimum water tax leviable for metered connection irrespective of the meter reading which shall be fixed by the State Government for all sizes of connections; (s) "Flat Rate" the flat rate shall mean the Water tax leviable on the supply where meters are not fixed and shall be fixed by the State Government from time to time. ### 3. Purposes for which water can be supplied. - The supply of water under these rules is intended ordinarily for bona fide domestic purposes and the water so supplied shall not be used for any other purposes without the previous permission in writing from the Officer-in-charge of the water works. ### 4. Restrictions on taking water from public fountains. - No water cart or lorry shall take water from public fountains installed for bona fide domestic purposes. Water may be drawn for shrinking water on public roads, for flushing drains and other Municipal Services from duly metered apparatus provided for such purposes at the cost of the local body. ### 5. Public Fountains and Cattle Troughs. - (i) Public fountains may be established by the local body with prior permission of Officer-in-charge of the water works at suitable place not hindering the public traffic preferably in poor localities. These fountains will be duly metered and fitted with waste not taps. (ii) It shall be the responsibility of the local body to pay all the water charges of the water consumed at the Public fountains. (iii) The Officer-in-charge of the water works or the authorised officer may close temporarily or permanently any public fountain if it is misused or its water contaminated or if water charges have not been paid. ### 6. Application for Water Supply or Alteration. - (i) Person or persons desiring to have a private supply or addition to or alteration in the existing pipes and fittings shall apply to the authorised officer in this behalf through a licensed plumber in such form and in such manner as may be prescribed by the officer-in-charge of the water works from time to time, specifying therein the purpose for which supply is required and the quantity likely to be consumed together with the plan showing the location of the premises and the proposed connection. (ii) The application shall be signed by the owner or his lawful agent and shall be accompanied with the current house tax receipt, it no house tax is being paid by him an attested copy of the sale-deed or other documents shall be produced as proof of his ownership. (iii) If the premises arc Government property or belong to any society or public body the application shall be signed by the person authorised for making payments of taxes. ### 7. Connection to Mains. - After a connection is sanctioned the consumer shall deposit with the officer-in-charge of the water works or authorised officer security deposit of rupees 15 for single tap and Rs. 25 for more than one tap and Rs. 50 for temporary connection. Further he shall pay the following charges :- (i) Application fee of Re. 1. (ii) boring lee at Rs. 2 for each bore. (iii) The connection fee at Rs. 3. (iv) In case of Asbestos pipes, Human pipes or other water mains requiring saddle pieces, the cost of such saddle piece, as decided from time to time by the Officer-in-charge of the water works shall be borne by the consumer. (v) The charges for digging and cutting the roads shall also be borne by the consumer. Further the charge for restoration of the road, which is required to be cut shall be paid lo the local body or to the Public Works Department, as the case may be, by the consumer directly and a receipt therefor shall be produced by him to enable the authorised officer to release the connection. (vi) In case of connection in Government premises charges under (i) to (iv) above shall be payable by the Public Works Department or the institution concerned. However, in respect of these buildings no security deposit by consumers will be necessary. (vii) In case of reconnection a fee of Rs. 7 (Rupees seven) and actual cost of digging and cutting the road, shall be charged from the consumer. Restoration charges shall be paid by the consumer direct to the authorities mentioned in sub-rule (iv) above. (viii) Every water connection shall be a metered connection. (ix) In exceptional cases unmetered connection with ¼" ferrule may be allowed for domestic purposes only, but if the consumer is found making misuse or let his tap open so as to run the water waste, he shall be liable to be punished under Rule 11. (x) No premises shall be connected with more than one communication pipe, except in special cases to be decided by the officer-in-charge. (xi) Size of ferrule shall be decided by the officer-in-charge or authorised officer according to the size of communication pipe and number of taps, etc. This size shall be intimated to the consumer on his application itself and no change in the size will thereafter be permitted. (xii) Connection shall be given only after the consumer has signed the agreement. ### 8. Separate Communication Pipe to every Premises. - Every premises supplied with water by the water works shall be its own separate communication pipe and no communication pipe shall be used to supply water to more than one premises; provided that in case of a group or block of premises the water tax of which is paid by one owner, the said owner can be given one communication pipe sufficient for such group or block if considered adequate by the officer-in-charge of the water works. ### 9. Water charges. - The water supplied shall be charged at such rates as are fixed for the water works from time to time. ### 10. Payment of Water Charges. - (i) Monthly bills tor the water consumed shall be prepared with due date for payment indicated therein and sent to the consumers for payment. If the consumer fails to pay the bill within the due dale a surcharge at such rates as may be current at the time the bill was due for payment will have to be paid in addition to the water charges. Supply shall be liable to be disconnected without notice in case any arrears remain outstanding for 3 months. The consumer will also be liable to pay the outstanding bills despite disconnection of supply. (ii) Bills shall be sent by post or through messenger. Non-receipt of the bill, however, shall not exonerate the consumer from making payment of the bill along with due surcharge. (iii) Non-acceptance of the bill by the consumer or his agent does not exonerate the consumer from making payment within the due dale. As soon as non-acceptance of the bill is reported a notice by post will sent to the consumer asking him to pay within 10 days of the date of the notice else supply will be disconnected. On expiry of 10 days, the supply will be disconnected if the bill remains unpaid and such a consumer will not be granted new connection/reconnection on the same or any other premises. (iv) Any complaint in regard to the bill should be made to authorised officer in writing within 15 days of the receipt of the bill. Even if there be any discrepancy in the bill or clarification called for, consumers shall be required to pay the bill amount in full provisionally or under protest subject to subsequent adjustment. (v) If the name of the consumer is changed by way of succession or by transfer of property, successor or transferer, transferee, as the case may be, shall apply for the change of name within a period of one month, of such a change. (vi) Payment of water charges by Government employees. In case of Non-gazetted Government servants occupying Government premises, bills shall be sent to the concerning head of office by the 20th of the month or any convenient date fixed for the same, for recovery of the water charges from the salary bills. In case of non-receipt of the bills by the head of offices before preparation of salary bills, the minimum change as fixed from time to time will be deducted from the salary bills of the consumer, adjustable in the subsequent salary bills. The schedule of recoveries shall be prepared by the Head of Office for the recoveries made and forwarded to the authorised officer. (vii) In the premises where water meters are not fixed and water charges are levied at flat rate, no bills shall be sent to the consumer or the concerning Head of Office but the Head of Office shall recover the water charges at the flat rate as fixed from time to time and the schedule of recoveries thus made shall be sent lo Authorised Officer. (viii) In case of Gazetted Government servants occupying Government premises bills shall be sent to them with a copy to the Treasury Officer concerned by 25th of the month for necessary adjustment. ### 11. Provision Relating to the Prevention of Misuse of Water. - No consumer shall use the water for any purpose other than that for which the connection has been allowed nor shall the water be wasted or permitted to be tapped by occupiers of other premises. On infringement of this rule, the authorised officer shall recover the water charges fixed for the purpose. In addition, the house connection shall be disconnected for the reasons lo be recorded in writing. ### 12. Right to Access and to Inspect Fittings. - (i) The authorised officer shall have the right to enter the premises and inspect all or any fittings and pipes and to check that no misuse of water is being made. (ii) If the consumer or his representative obstructs the authorised officer in performing his duties, supply is liable to be disconnected after giving him a show-cause notice. ### 13. Pipes and pipe fittings. - (i) All pipes, special, fittings of whatever kind shall conform to the particulars prescribed and specification in accordance with Indian Standard Specification or British Standard Specification. As a general rule, all the fittings shall be capable of withstanding a pressure of 100 lbs. per sq. inch. Brass screw down Bid-Taps and stop-cocks preferably be used at fittings to avoid unnecessary leakings and water wastage. (ii) No materials which is not in accordance with the specification and descriptions mentioned in sub-rule (i) above shall be allowed to be used in the fittings. All such materials which is to be used as fittings shall have to be get approved by the authorised officer. (iii) All consumers pipes shall be laid in ground not less than 1'6" below the surface unless laid inside a building and they shall be laid or fixed as not to be exposed to the heat of Sun nor shall any consumer's pipe and fittings be laid in any position or manner which would involve risk or injury to the pipe or fitting or waste or contamination of water. (iv) No consumer's tap shall be fixed in an open yard, passage or outside any premises so as to be available for use by the public without special permission in writing from the officer-in-charge of the Water Works. (v) Every arrangement shall be made by the consumer to drain off the waste water, and the taps shall be fixed at such a level that the water may drain off easily. ### 14. Plumber to obtain licence. - No person shall execute or permit to execute any alteration or repairs or fitting lo water pipes or house connections unless he has obtained a licence from officer-in-charge of the water works. ### 15. Period for which licence shall be valid. - Every such licence shall remain in force from the date of its grant to the 31st day of March next following and may be renewed from year to year. ### 16. Fee for licence and security deposit. - (i) An initial amount of Rs. 25 (non-refundable) and sum of Rs. 250 (refundable) as security deposit shall be charged for such licence. (ii) The amount of security deposit shall be refunded as soon as a plumber ceases to be a licensee. (iii) Every licence, not suspended or cancelled, may be renewed on payment of Rs. 10. (iv) Every application for licence shall be made in writing to the officer-in-charge of water works. ### 17. Test for Granting Licence. - (i) No person shall be granted a licence under these rules unless he has passed the plumber's test taken by the Officer-in-charge or authorised officer of the water works. (ii) Every person appearing for such test shall have to pay Rs. 10 (non-refundable) for which a receipt shall be granted. ### 18. Licence to comply with Rules. - Every plumber shall be subject to and comply with the provisions of these rules. ### 19. Cancellation of Licence. - The licence of a plumber can be revoked or cancelled on the following grounds :- (i) That the licence has been obtained by fraud, or (ii) That he has failed to comply with or contravened any of the provisions of these rules or infringed any of the conditions of the licence; or (iii) That he is found to be unsuitable to work as a plumber on a complaint received from Public and confirmed by the Officer-in-charge of the water works. (iv) That he has failed to attend to the work of consumers in the area he has been authorised to operate. ### 20. Line for Breach of Rule. - (i) A breach of any of these rules by the licensee shall in addition lo cancellation of licence be punishable with fine which may extend to Rs. 100. (ii) In the event of any damage caused due to negligence on the part of the plumber or a person working in his behalf the amount of damage shall be recovered from his security deposit and he shall make good the security deposit within a period of 30 days failing which the licence shall be liable for cancellation. ### 21. Meters. (1) Meters and meter readings-All meters, indicators and special apparatus required for metering the supply of water shall be installed, sealed and maintained by the water works on the premises of the consumer and shall be charged in accordance with Rule 21 (3) (c) of these rules. (2) (a) The consumer, if he so desires, may install his own meter on getting his meter tested as per rules (for which testing charges shall not be refunded). The authorised officer may at his discretion test meters owned by consumers any time during their service. If the meter goes out of order or is found to register incorrectly, the owner shall have to replace or get the meter repaired at his cost within such period as may be specified in this regard during which period the Authorised Officer may fix a substitute meter. The cost of installation of substitute meter and its rent is recoverable from the consumer. (b) In any case no meter shall be fixed or connected to the system except by the authorised officer of the water works and such meters sealed by the authorised officer. When any meter is provided by the consumer or purchased by the consumer from the water works, the consumer shall be responsible for maintaining his meter and metering equipment in good order within the meaning of the rules. (c) The water works shall, as far as possible, have its meters tested and calibrated once a year. (d) The readings of meters shall be taken once in each month or at such intervals or limes as the officer-in-charge or authorised officer may think expedient. Every reading of each meter so taken shall be entered immediately after being taken on a chart to be attached on or near such meter so as to be available at all times for the inspection of the consumer. (e) If the officer-in-charge of the water works or his representative have reasons lo believe that a meter or meters on the premises of a consumer is arc incorrect (which includes stoppage, slow or fast meters) and in the absence of a check meter, the correct quantity shall be determined from the average of the readings of the last three months. (3) (a) On every connection meter shall be fixed. Meter from ½" to 1-½" if available shall be supplied by the water works. For meters above 1-½" size the consumer shall have to make his own arrangements. (b) For all such meters as supplied by the water works from ½" to 1½" size a security deposit of Rs. 25 (refundable) shall be deposited by the consumer along with the application for connection. (c) Any person on whose premises meter is installed by the water works on hire shall, in addition to the charges otherwise payable for the use of the water, pay the following rent for providing and maintaining the meter :- \| \| \| \| --- \| --- \| \| ½" meter \| Rs. 0.75 paise per month \| \| ¾" meter \| Rs. 1.00 paise per month \| \| 1" meter \| Rs. 1.50 paise per month \| \| 1-½" meter \| Rs. 2.00 paise per month \| (d) Any person on whose premises a meter has been installed may apply to the officer-in-charge or authorised officer, of water works to test it and thereupon it shall be tested. The testing charges shall be as follows, which shall be payable along with the application and shall not be refunded on any ground. \| \| \| \| --- \| --- \| \| ½" to 1-½” \| Rs.3/- \| \| 2" meter \| Rs. 5/- \| If the meter proves to be registering either more than 5 per cent fast or more than 5 per cent slow, the testing fee so deposited will be refunded to the consumer and the water charges for last three months will be adjusted accordingly. (e) In case where a meter goes out of order or is under repair, the water charges at the discretion of the officer-in-charge of the water works shall be calculated as follows :- (i) On the actual consumption recorded if the meter on test is found to register not more than five per cent show. (ii) On the average or the immediately preceding and succeeding reliable readings. OR (iii) On the reading for the corresponding period of the previous year, or on the average of last three months. (f) It shall be the duty of the consumer to keep the meter sale from all sorts of damages and if it is damaged the same shall be got repaired at the cost of the consumer. (g) The life of a meter on an average is 10 years. The water works shall maintain and keep the meter given on hire in running order. The worn out parts shall be replaced at the cost of the water works. (h) The meter shall be fixed just after the stop-cock or valve, in a safe position easily accessible to the Meter Reader. (i) The cost of the meter chamber and its box shall be borne by the consumer as determined and fixed by the officer-in-charge of the water works from time to time. (j) No consumer shall interfere with the meter nor shall remove or get its position changed without the permission of the authorised officer. In case of default he shall be liable to a penalty which may extend to Rs. 100. ### 22. Breakdown and control over water supply. (1) The water works shall not guarantee the supply and shall not be liable for any damage that may result on account of failure of water supply due to accident to the water mains, or machinery, etc. or any emergency arising, which renders the stoppage of water supply. The officer-in-charge of the water works shall be the sole Judge of the sufficiency of the cause of the stoppage of the aforesaid supply. (2) The special cases when the supply is to be stopped for more than 12 hours for repairing some breakdown or so the public shall be informed 2 hours before by public announcement. (3) The officer-in-charge of the water works reserves the full right to control the supply or the supply hours as the situation may be. (4) The officer-in-charge of the water works shall not bind himself regarding quality, quantity and pressure of water supply. ### 23. Punishment for Infringement of Rules. - A breach of any of these rules shall be punishable with fine which may extend to Rs. 100, the officer-in-charge of the water works shall exercise powers under this rule. ### 24. Agreement. - The consumer shall, as soon as the grant of meter connection to him is approved by officer-in-charge of water works or authorised officer enter into an agreement for the supply of water and payment of water tax or water charge thereof in the Form appended to these rules. ### 25. Dispute and Appeal. - In all cases in which dispute arises as to the application of the above rules, the matter shall be referred to the officer-in-charge of the water works within a period of 30 days of the date of orders passed by the authorised officer. An appeal may be preferred to the Superintending Engineer concerned within a period of thirty days from the dale of orders passed by the officer-in-charge of the water works and the decision on the appeal by the Superintending Engineer concerned shall be final. ### 26. Mode of recovery. - Any amount due on account of water charges or otherwise recoverable from the consumer under these rules, if not paid when they are due may be recovered from the defaulter by the Collector on a requisition, made by the officer-in-charge of the water works as if they were arrears of land revenue. ### 27. Repeal. - On and from the date on which these rules are brought into force in the State, provisions of all other rules in this connection in force before the above mentioned date, shall stand repealed. Form of Agreement [See Rule 24] Public Health Engineering Department Water Works at....... Agreement For Domestic/industrial Water Connection This Agreement is made this.........day of........between the Governor of Madhya Pradesh acting through........(hereinafter called the "Supplier" which expression shall, which the context so admits include his successors-in-Office) of the one part and Shri .........son of..........................resident of...........(hereinafter called the "Consumer" which expression shall where the context so admits, include his legal heirs, successors, representatives, executors, administrators and assigns) of the other part. Whereas the consumer has applied in the prescribed form for water connection in his own house/house engaged or occupied by him/house under his trusteeship, bearing Municipal No..............situated in .............. (hereinafter referred lo as the said premises); And whereas the Water Works Department at ................... has granted inch size having ferrule domestic/industrial metered unmetered water connection in the said premises subject to the terms and conditions hereinafter appearing. Now, therefore, this agreement witnesses and it is hereby agreed as follows :- ### 1. This agreement shall be read and construed as subject in all respects to the provisions of the Water Works Rules for the time being in force. ### 2. The consumer shall not apply the water to any purpose other than that for which the water connection has been granted to him nor shall the water be wasted or permitted to be tapped by occupiers of other houses or hands. In case of infringement of this clause, the consumer shall be liable to pay such amounts as may be charged by the water works under the rules and the said authorities may also disconnect the connection. ### 3. Monthly bills for the water consumed shall be prepared and sent to the consumer for payment within- the due date fixed therein. If the consumer fails to pay the charges including surcharge (the rebate allowed in the Bill) levied due to delay within the due date of payment the same shall be adjusted from the amount of security deposit held by the department the consumer shall have to make good the security deposit so adjusted within a further period of 10 days from the due date failing which supply shall be liable for disconnection without any further intimation. ### 4. (i) The authorised employees of the Department on giving short notice shall have the right to enter the premises and inspect all or any fitting and pipes and lo check that no misuse of water is being made. (ii) If any obstruction is made by the consumer or his representative in the performing of the duties of a water works employee, the connection is liable to be disconnected after giving him show-cause notice. ### 5. (i) Meters and meter readings. - (a) All meters, indicators and special apparatus required for metering the supply of water shall be installed, sealed and maintained by the water works on the premises of the consumer shall be charged in accordance with the rules. (ii) In any case no meter or cut outs shall be affixed or connected to the system except by the Water Works Authority and such meters sealed by the Public Health Engineer or his representative. When any meter is provided by the consumer or purchased by the consumer from water works the consumer shall be responsible for maintaining his meter and metering equipment in good order within the meaning of the rules. (iii) The reading of meters shall be taken once in each month or at such intervals or times as the Public Health Engineer or his representative may think expedient. Every reading so taken of each meter shall be entered by the Engineer immediately after being taken on a record to be attached on or near such meter and to be open at all limes to the inspection of the consumer. (iv) If the Public Health Engineer or his representative, has reasons to believe that a meter or meters on the premises of a consumer is/are incorrect (which includes stopped, slow or fast meters) and in the absence of a check meter, the correct quantity shall be determined from the average of the readings of the last three months. (v) In case when a meter goes out of order or under repair, the water charge at the discretion of the officer shall be calculated as follows :- (i) On the actual consumption recorded if the meter on test is found to register not more than 5 per cent slow. (ii) On the average of the immediately preceding and succeeding reliable readings. (iii) On the reading for the corresponding period of the previous year, or on the average of last three months. (iv) It shall be the duty of the consumer to keep the meter safe from all sorts of damages and if it is damaged the same shall be got repaired at the cost of the consumer. (v) No consumer shall interfere with the meter nor shall he remove or gel its position changed without the permission of the Department. In case of default, he shall be liable to a penalty, which may extend to Rs. 100. ### 6. (i) The Department shall not guarantee the supply and shall not be liable for any damage that may result on account of failure of water supply due to accident to the water mains, or machinery, etc., or any emergency arising which renders the stoppage of water supply. The Department shall be the sole judge of the sufficiency of the cause of the stoppage of the aforesaid supply. (ii) The Department reserves the lull right to control the supply or the supply hours as the situation may be. (iii) The supplier does not bind himself regarding quality, quantity and pressure of water supply. (iv) The consumer shall not be entitled for any claim from the supplier in the event of stoppage or restricted supply. ### 7. If any dispute shall arise between the parties hereto in respect of this agreement or any of the provisions herein contained, or anything arising hereout, the same shall lie referred to the Executive Engineer, Water Works, whose decision thereon shall be final, conclusive and binding on both the parties. ### 8. The Madhya Pradesh Water Supply Rules, 1968, shall form part of this agreement. ### 9. Any sum due from the consumer under this Agreement may be recovered from him as an arrear of land revenue. ### 10. The consumer shall at all times abide by and observe all rules, regulations and orders made and issued by the State Government for the purpose of regulating water supply and also binds himself to perform all acts and duties required to be done by him and to abstain from doing or performing any act forbidden by or under such rules, regulations or orders. In witness whereof the parties hereto have signed this agreement on the date and year, respectively, mentioned against their signature. Supplier On behalf of the Governor of Madhya Pradesh Dated ......... Consumer Dated ......... Witnesses : ### 1. .............. ### 2. .............. ### 1. ............. ### 2. .............. Public Health Engineering Department Water Works.................... Water Bill for the month of 19... (This Bill Must Be Presented at the time of Payment) S.C. No................................. Name................................... Address ........................ Date of issue of Bill Due date.............. If the payment of this bill is not made on or before the date as shown above a surcharge of Rs is liable to be paid. Gallons @ P. Per %() gallons Rs.................... P. .............................................. or minimum charges ........................................................................................... Rental of Meter ................................................................................................... Other charges ..................................................................................................... Surcharge ........................................................................................................... Total .................................................................................................................... Arrears or previous Bill ..................................................................................... Less Misc. credit,, if any ................................................................................... Grand Total......................................................................................................... E & O.E. Checked by .............................................. Station .............................................. Oeeicer-In-Charge/AE/BA Water Works............. For Information of Consumers (1) All payment should be tendered at the office of the Water Works the hours notified. (2) Am complaint in regard to this bill may be the Water Works Office in writing within fifteen days of the receipt of this bill. Even if there be any discrepancy in the bill or classifications called for consumers are requested to pay the bill amount in full provisionally or under protest subject to subsequent adjustment so that the payment of surcharge as mentioned in para 3 below may be avoided. (3) All bills not paid within days of the issue of the bill will be subject to surcharge of Rs........ If the bill is not paid within due date as mentioned above, the service connection is liable to be disconnected on the expiry of seven days period from the date of issue of notice. (4) Consumers are requested to obtain receipts for all payments on PIIED receipt Form No. 9. If other forms of receipts are taken for payments made, the consumers are warned that they do so at their own risk. (5) The tender of the bill inclusive of previous bills, if any, shall not exonerate the consumer from the consequences of non-payment of the said arrears of the disconnection notice has already been issued. (6) If the consumer fails to pay the charges including the surcharge (the rebate allowed in the bill levied due to delay within the due date of payment the same shall be adjusted from the amount of security deposit held by the Department the consumer shall have to make good the security deposit so adjusted within a further period of 10 days from the due date failing which supply shall be liable for disconnection without any further intimation. Note : (1) Non-receipt of this bill will not exonerate the consumer from the liability and the consequences mentioned in para 3 above. (2) In all communications please refer S.C. No........ Form Sale No.......... XL/PH-2. Application for Grant for A New Water Connection To The.............. Water Works............ I, the applicant (Name) ............ son of ............. Caste.................. Mohalla ..............bearing Municipal House No............... hereby makes application for the grant of a metered water connection for Domestic/ Non-domestic/Industrial purpose. In case of any complaint from any body, regarding any kind of loss on account of my above water connection the Water Works Authorities will be entitled to disconnect or stop my water supply. Necessary verification with regard to the How of waste water is appended herewith. I will strictly abide by the Water Works Rules, 1968 and will deposit the Water Tax according to the prescribed rates. My approximate requirement of water will........% liters p.m. It is, therefore, requested that sanction in the name of Licensed Plumber Shri.............may kindly be issued. House Tax Receipt No...........dated...........in original/True Copy of the sale-deed is appended herewith for your kind perusal. For the purpose of this connection, an amount of Rs.......... deposited, vide Municipal/P.W.D. Receipt No............ dated.................. against road repairs is also attached herewith for information. (Signature of the Applicant) Water Works Line Dimension Connection Size Ferrule ............ pipe .............distance ............ from the Sluice Kay ............Meter No ...........Private/Government. I certify that Shri...............who has signed this application is the House Owner. (Signature of the Plumber) Proposal Arrangement for the draining of water have been made. Meter connection..............Ferrule............pipe...........with taps................can be sanctioned. (Signature of the Overseer) Order Connection size .............is hereby sanctioned. Name be entered in the ledger and connection fee Rs..........may be deposited. Concerned to note and intimation of the sanction of connection be communicated. Overseer to note. (Assistant Engineer/B.A.) In case of Government, an agreement may be executed. Sanction shall be issued subject to the following conditions :- (1) In case of any complaint from any body relating to any kind of loss on account of water connection, the Water Works, Authorities shall disconnect or stop the supply of water. (2) A sketch drawing of the site of connection may be produced with the application. (3) In the event of submission of incomplete or false information, the application is liable for rejection and the amount of registration fee will be forfeited. (4) Only last or current years' House Tax receipt will be accepted. For houses free from tax, newly purchased or for houses under construction, the applicant will have to submit such proof of ownership which may satisfy the Water Works Authorities for granting a water connection. (5) No changes to the place of a sanctioned water connection can be affected without the permission of the Water Works Authorities. (6) For obtaining water connection for places like Latrines, Lavatories, Urinals or Drains, etc. separate sanction of the Department will have to be produced. (7) If a water connection is required for a Government/Semi-Government or Society building then this application need only be signed by the person who is the authorised disbursing authority of that premises. Verification Name entered at Consumer No...........Connection No.................... Dated............. (Connection Clerk) Fee Rs .................deposited vide Receipt No......................, dated................ (Cashier) Entered in Tax Register Page No............. and Information Register Page No.......... (Connection Clerk) Order Advance amount be deposited. Account section be informed. Order for supply of water be issued. Overseer be informed. (Assistant Engineer/B.A.) Verification Advance amount of Rs................deposited vide Receipt No........ Book No dated............. (Cashier) Water Supply Order No...........dated......issued and the water supply commenced on dated.............and inspection done on dated.................. (Overseer Water Works)
65ba9189ab84c7eca86ec21e	acts	Union of India - Act ---------------------- The Bihar And Uttar Pradesh (Alteration Of Boundaries) Act, 1968 ------------------------------------------------------------------ UNION OF INDIA India The Bihar And Uttar Pradesh (Alteration Of Boundaries) Act, 1968 ================================================================== Act 24 of 1968 ---------------- * Published on 22 May 1968 * Commenced on 22 May 1968 The Bihar And Uttar Pradesh (Alteration Of Boundaries) Act, 1968 ACT NO. 24 OF 1968 ### 1302. At present the deep stream of the river Gangs forms the inter-State boundary between the Shahabad district of Bihar and Ballia district of Uttar Pradesh. Similarly, the deep stream of the river Ghaghra is the inter-State boundary between the Saran district of Bihar and Ballia district of Uttar Pradesh. As the two rivers change their course almost every year, the deep streams do not remain constant with the result that the inter-State boundary continues to fluctuate. This has often given rise to difficult administrative problems in the affected areas particularly in the field of revenue administration and law and order. From time to time, efforts were made by the two State Govts. to find a satisfactory solution to this problem but they could not agree on the points whether the fluctuating boundary should be replaced by a fixed boundary and, if so, what should be that boundary. In 1961, the Chief Ministers of the two States agreed that the matter be referred to an Arbitrator appointed by the Prime Minister, and to abide by the decision given by the Prime Minister on aconsideration of the recommendations of the Arbitrator. Shri C. M. Trivedi was appointed as Arbitrator in this case and he submitted his report to the late Prime Minister (Shri Lai Bahadur Shastri) on 28th August, 1964, recommending a fixed boundary in both the Gangs and Ghaghra sectors. 2. These recommendations were accepted by the late Prime Minister (Shri Lai Bahadur Shastri) and conveyed to the two State Governments. The effect of the recommendations made by Shri C. M. Trivedi would be as follows: 1. On the basis of the 1963-64 deep stream position, the fixed boundary involves the transfer of an area of about 45 square miles from Uttar Pradesh to Bihar and about 64 square miles from Bihar to Uttar Pradesh; and 2. About 85 per cent. of the fixed boundary will be on land in the Ganga sector and 75 per cent. of it will be on land in the Ghaghra sector, whereas the entire boundary at present lies in water. The Bill seeks to give effect to these recommendations. 3. Clause 26 of the Bill provides that the existing laws shall continue to be in force in the transferred territories until otherwise provided by a competent legislature or other competent authority. However, because of the fluctuating nature of the present boundary, the actual extent of the transferred territories may not be clear to the authorities who have to implement the laws. Hence, provision has been made for the demarcation of the fixed boundary on land, determination of the deep streams of the two rivers and preparation and publication of a map of the transferred territories before the actual transfer is effected. 4. The Bill also makes the necessary supplemental and incidental provisions relating to the representation in Parliament and State Legislatures, transfer of jurisdiction between the High Courts of Bihar and Uttar Pradesh, authorisation of expenditure, apportionment of assets and liabilities and certain other matters. 5. As required by the proviso to article 3 of the Constitution this Bill was referred by the President to the Legislatures of the States of Bihar and Uttar Pradesh for expression of their views. 6. The notes on clauses explain in detail the various provisions of the Bill - Gazette of India, 12-8-1967, Pt. II - Section 2, p. 858. [22nd May, 1968] An Act to provide for the alteration of boundaries of the States of Bihar and Uttar Pradesh and for matters connected therewith. BE it enacted by Parliament in the Nineteenth Year of the Republic of India as follows :-- Part I – Preliminary ---------------------- ### 1. Short title. This Act may be called the Bihar and Uttar Pradesh (Alteration of Boundaries) Act, 1968. ### 2. Definitions. In this Act, unless the context otherwise requires,-- (a) "appointed day" means the day which the Central Government may, by [notification] [10-6-1970: vide Notifn No. G.S.R. 901, dated 9-6-1970, Gaz of India, Extn, Pt. II, Section 3 (i) , p- 543. ] in the Official Gazette, appoint; (b) "assembly constituency", "council constituency" and "parliamentary constituency" have the same meanings as in the Representation of the People Act, 1950 ( 43 of 1950 .); (c) "deep stream" , in relation to the river Ganga or the river Ghaghra, means the deep stream thereof as verified and agreed upon by the State Governments of Bihar and Uttar Pradesh after the 30th day of September of the year preceding the year in which the appointed day falls and before the 1st day of January of the year in which the appointed day falls and in default of agreement between the State Governments, as determined by such authority as may be specified by the Central Government; (d) "fixed boundary" means the boundary line demarcated under the provisions of sub-section (2) of section 3 in relation to the river Ganga or the river Ghaghra, as the case may be; (e) "law" includes any enactment, ordinance, regulation, order, bye-law, rule, scheme, notification or other instrument having the force of law in the whole or in any part of the State of Bihar or Uttar Pradesh; (f) "notified order" means an order published in the Official Gazette; (g) "prescribed" means prescribed by rules made under this Act; (h) "sitting member", in relation to either House of Parliament or of the Legislature of a State, means a person who immediately before the appointed day is a member of that House; (i) "transferred territories" means,-- (i) in relation to the State of Bihar, the territories transferred by this Act from that State to the State of Uttar Pradesh, and (ii) in relation to the State of Uttar Pradesh, the territories transferred by this Act from that State to the State of Bihar; (j) any reference to a district of a State shall be construed as a reference to the area physically comprised within that district immediately before the appointed day. Part II – Transfer Of Territories ----------------------------------- ### 3. Transfer of territories. (1) As from the appointed day,-- (a) there shall be added to the State of Bihar-- (i) all the territories of Ballia district of the State of Uttar Pradesh lying between the fixed boundary and the deep stream of the river Ghaghra, and (ii) all the territories of that district lying between the fixed boundary and the deep stream of the river Ganga, and the said territories shall there upon cease to form part of the State of Uttar Pradesh; and (b) there shall be added to the State of Uttar Pradesh-- (i) all the territories of Saran district of the State of Bihar lying between the fixed boundary and the deep stream of the river Ghaghra, and (ii) all the territories of Shahabad district of the State of Bihar lying between the fixed boundary and the deep stream of the river Ganga, and the said territories shall thereupon cease to form part of the State of Bihar. (2) The fixed boundary in relation to each of the rivers Ganga and Ghaghra shall be demarcated by an authority appointed in this behalf by the Central Government so as to be generally in conformity with the boundary line described in the Schedule in relation to that river: Provided that in the process of such demarcation, the said authority shall have power to rationalise to the extent considered necessary by him, the boundary alignment between the high banks of the river Ganga or the river Ghaghra, as the case may be, and in particular shall try-- (a) to ensure, as far as possible, the stability of the boundary pillars and the recognition of the boundary alignment both during the dry and flood seasons; and (b) to avoid, as far as possible, the splitting up of the existing abadis. (3) For the purposes of such demarcation,-- (a) the decision of the said authority on any matter relating to the interpretation of any part of the description of the boundary given in the Schedule (including the determination of the relevant record referred to in the Explanatory Note to the Schedule) shall be final; (b) the said authority shall have power to determine the location of the points at which the boundary pillars shall be constructed and to specify the State Government which shall be responsible for the construction and maintenance of the boundary pillars at such points according to such specifications as that authority may indicate (the pillars of the same specifications being apportioned, as far as practicable equally between the two State Governments), the decision of the said authority in regard to these matters being final; (c) it shall be lawful for the said authority and for any person specified by such authority to enter upon and survey any area in the vicinity of the boundary line and to do all other acts as may be necessary. (4) The authority referred to in sub-section (2) shall also prepare a map of the transferred territories showing-- (a) the deep stream of the river Ghaghra or the river Ganga, as the case may be, and the fixed boundary in relation to that river; (b) the names and boundaries of the villages in the transferred territories, as indicated by the State Government having jurisdiction over the territories before their transfer, with reference to the revenue record of that Government in force immediately before the preparation of such map, and forward such map to the Central Government who shall cause it to be published in the transferred territories in such manner as it thinks fit. (5) As from the appointed day, the State Government of Bihar or Uttar Pradesh shall, by order in the Official Gazette, provide for the administration of the territories transferred to that State under sub-section (1) by including them or any part of them in such district, sub-division, police-station or other administrative unit as may be specified in the order. ### 4. Amendment of First Schedule to the Constitution. As from the appointed day, in the First Schedule to the Constitution, under the heading "I. THE STATES"-- (a) for the entry against "3. Bihar", the following shall be substituted, namely:-- "The territories which immediately before the commencement of this Constitution were either comprised in the Province of Bihar or were being administered as if they formed part of that Province and the territories specified in clause (a) of sub-section (1) of section 3 of the Bihar and Uttar Pradesh (Alteration of Boundaries) Act, 1968, but excluding the territories specified in sub-section (1) of section 3 of the Bihar and West Bengal (Transfer of Territories) Act, 1956, and the territories specified in clause (b) of sub-section (1) of section 3 of the first mentioned Act"; (b) for the entry against "13. Uttar Pradesh", the following shall be substituted, namely:-- "The territories which immediately before the commencement of this Constitution were either comprised in the Province known as the United Provinces or were being administered as if they formed part of that Province and the territories specified in clause (b) of sub-section 91) of section 3 of the Bihar and Uttar Pradesh (Alteration of Boundaries) Act, 1968, but excluding the territories specified in clause (a) of sub-section (1) of section 3 of that Act.". Part III – Representation In The Legislatures ----------------------------------------------- ### 5. Construction of Delimitation Orders. As from the appointed day, any reference in any order relating to delimitation of parliamentary constituencies, assembly constituencies or council constituencies-- (a) (i) to the State of Bihar, shall be construed as including the territories transferred to that State from the State of Uttar Pradesh under clause (a) of sub-section (1) of section 3, but excluding the territories transferred from the State of Bihar to the State of Uttar Pradesh under clause (b) of that sub-section; (ii) to any district, sub-division, police-station or other administrative unit in the State of Bihar, shall be construed as including that part of the territories, if any, transferred to that State, which is included in that district, sub-division, police-station or other administrative unit by order made under sub-section (5) of section 3; (b) (i) to the State of Uttar Pradesh, shall be construed as including the territories transferred to that State from the State of Bihar under clause (b) of sub-section (1) of section 3, but excluding the territories transferred from the State of Uttar Pradesh to the State of Bihar under clause (a) of that sub-section; (ii) to any district, sub-division, police-station or other administrative unit in the State of Uttar Pradesh, shall be construed as including that part of the territories, if any, transferred to that State, which is included in that district, sub-division, police-station or other administrative unit by order made under sub-section (5) of section 3. ### 6. Provision as to sitting members. (1) Every sitting member of the House of the People representing any parliamentary constituency the extent of which has been altered by virtue of the provisions of this Act shall, notwithstanding such alteration, be deemed, as from the appointed day, to have been elected to that House by that constituency as so altered. (2) Every sitting member of the Legislative Assembly of the State of Bihar or Uttar Pradesh representing any assembly constituency the extent of which has been altered by virtue of the provisions of this Act shall, notwithstanding such alteration, be deemed, as from the appointed day, to have been elected to the said Legislative Assembly by that constituency as so altered. (3) Every sitting member of the Legislative Council of Bihar or Uttar Pradesh representing any council constituency the extent of which has been altered by virtue of the provisions of this Act, shall, notwithstanding such alteration, be deemed, as from the appointed day, to have been elected to the said Legislative Council by that constituency as so altered. Part IV – High Courts ----------------------- ### 7. Extension of jurisdiction of, and transfer of proceedings to, High Court at Patna. (1) Except as hereinafter provided-- (a) the jurisdiction of the High Court at Patna shall, as from the appointed day, extend to the territories transferred by this Act from the State of Uttar Pradesh to the State of Bihar; and (b) the High Court of Judicature at Allahabad shall, as from that day, have no jurisdiction in respect of the said territories. (2) Such proceedings pending in the High Court of Judicature at Allahabad immediately before the appointed day as are certified by the Chief Justice of that High Court, having regard to the place of accrual of the cause of action and other circumstances, to be proceedings which ought to be heard and decided by the High Court at Patna shall, as soon as may be after such certification, be transferred to the High Court at Patna. (3) Notwithstanding anything contained in sub-sections (1) and (2), but save as hereinafter provided, the High Court of Judicature at Allahabad shall have, and the High Court at Patna shall not have, jurisdiction to entertain, hear or dispose of appeals, applications for leave to appeal to the Supreme Court, applications for review and other proceedings, where any such proceedings seek any relief in respect of any order passed by the High Court of Judicature at Allahabad before the appointed day: Provided that if, after such proceedings have been entertained by the High Court of Judicature at Allahabad, it appears to the Chief Justice of that High Court that they ought to be transferred to the High Court at Patna, he shall order that they shall be so transferred and such proceedings shall thereupon be transferred accordingly. (4) Any order made by the High Court of Judicature at Allahabad-- (a) before the appointed day in any proceedings transferred to the High Court at Patna by virtue of sub-section (2), or (b) in any proceedings with respect to which the High Court of Judicature at Allahabad retains jurisdiction by virtue of sub-section (3), shall, for all purposes, have effect not only as an order of the High Court of Judicature at Allahabad, but also as an order made by the High Court at Patna. (5) Subject to any rule made or direction given by the High Court at Patna, any such person who immediately before the appointed day is an advocate entitled to practise in the High Court of Judicature at Allahabad as may be specified in this behalf by the Chief Justice of the High Court at Patna having regard to the transfer of territories from the State of Uttar Pradesh to the State of Bihar, shall be recognised as an advocate entitled to practise in the High Court at Patna. ### 8. Extension of jurisdiction of, and transfer of proceedings to, High Court at Allahabad. (1) Except as hereinafter provided-- (a) the jurisdiction of the High Court of Judicature at Allahabad shall, as from the appointed day, extend to the territories transferred by this Act from the State of Bihar to the State of Uttar Pradesh; and (b) the High Court at Patna shall, as from that day, have no jurisdiction in respect of the said territories. (2) Such proceedings pending in the High Court at Patna immediately before the appointed day as are certified by the Chief Justice of that High Court, having regard to the place of accrual of the cause of action and other circumstances, to be proceedings which ought to be heard and decided by the High Court of Judicature at Allahabad shall, as soon as may be after such certification, be transferred to the High Court of Judicature at Allahabad. (3) Notwithstanding anything contained in sub-sections (1) and (2), but save as hereinafter provided, the High Court at Patna shall have, and the High Court of Judicature at Allahabad shall not have, jurisdiction to entertain, hear or dispose of appeals, applications for leave to appeal to the Supreme Court, applications for review and other proceedings, where any such proceedings seek any relief in respect of any order passed by the High Court at Patna before the appointed day: Provided that if, after such proceedings have been entertained by the High Court at Patna, it appears to the Chief Justice of that High Court that they ought to be transferred to the High Court of Judicature at Allahabad, he shall order that they shall be so transferred and such proceedings shall thereupon be transferred accordingly. (4) Any order made by the High Court at Patna-- (a) before the appointed day in any proceedings transferred to the High Court of Judicature at Allahabad by virtue of sub-section (2), or (b) in any proceedings with respect to which the High Court at Patna retains jurisdiction by virtue of sub-section (3), shall, for all purposes, have effect not only as an order of the High Court at Patna, but also as an order made by the High Court of Judicature at Allahabad. (5) Subject to any rule made or direction given by the High Court of Judicature at Allahabad, any such person who immediately before the appointed day is an advocate entitled to practise in the High Court at Patna as may be specified in this behalf by the Chief Justice of the High Court of Judicature at Allahabad having regard to the transfer of territories from the State of Bihar to the State of Uttar Pradesh, shall be recognised as an advocate entitled to practise in the High Court of Judicature at Allahabad. ### 9. Right to appear in any proceedings transferred under section 7 or section 8. Any person who immediately before the appointed day is an advocate entitled to practise in the High Court at Patna or the High Court of Judicature at Allahabad and was authorised to appear in any proceedings transferred under section 7 or section 8 shall have the right to appear in the High Court to which the proceedings have been transferred, in relation to those proceedings. ### 10. Interpretation. For the purposes of sections 7 and 8,-- (a) proceedings shall be deemed to be pending in the High Court at Patna or the High Court of Judicature at Allahabad until that Court has disposed of all issues between the parties, including any issue with respect to the taxation of the costs of the proceedings and shall include appeals, applications for leave to appeal to the Supreme Court, applications for review, petitions for revision and petitions for writs; (b) references to the High Court at Patna or the High Court of Judicature at Allahabad shall be construed as including references to a Judge or division court thereof, and references to an order made by a court or a Judge shall be construed as including references to a sentence, judgment or decree passed or made by that court or Judge. Part V – Authorisation Of Expenditure --------------------------------------- ### 11. Appropriation of moneys for expenditure in transferred territories under existing appropriation Acts. (1) As from the appointed day, any Act passed by the Legislature of the State of Bihar or Uttar Pradesh before that day for the appropriation of any moneys out of the Counsolidated Fund of the State of meet any expenditure in respect of any part of the financial year in which the appointed day falls shall have effect also in relation to the territories transferred to that State by the provisions of Part II and it shall be lawful for the State Government to spend any amount in those territories out of the amount authorised by such Act to be expended for any service in that State. (2) The Governor of Bihar or of Uttar Pradesh may, after the appointed day, authorise such expenditure from the Consolidated Fund of the State as he deems necessary for any purpose or service in the territories transferred to that State for a period of not more than six months beginning with the appointed day pending the sanction of such expenditure by the Legislature of the State. ### 12. Reports relating to accounts of Bihar and Uttar Pradesh. The reports of the Comptroller and Auditor-General of India referred to in clause (2) of article 151 of the Constitution relation to the accounts of the State of Bihar or Uttar Pradesh in respect of any period prior to the appointed day shall be submitted to the Governor of each of the States of Bihar and Uttar Pradesh who shall cause them to be laid before the Legislature of the State. Part VI – Apportionment Of Assets And Liabilities --------------------------------------------------- ### 13. Land and goods. (1) Subject to the other provisions of this Part, all land and all stores, articles and other goods belonging to the State of Bihar or Uttar Pradesh in the transferred territories shall, as from the appointed day, pass to the State to which the territories are transferred. (2) In this section, the expression "land" includes immovable property of every kind and any rights in or over such property. ### 14. Arrears of taxes. The right of Bihar or Uttar Pradesh to recover arrears of any tax or duty on property situate in the transferred territories, including land revenue. or to recover arrears of any other tax or duty in any case where the place of assessment of that tax or duty is in the transferred territories shall belong to the State to which the territories are transferred. ### 15. Right to recover loans and advances. The right to recover any loans or advances made before the appointed day by Bihar or Uttar Pradesh to any local body, society agriculturist, or other person in the transferred territories shall belong to the State to which the territories are transferred. ### 16. Refund of taxes collected in excess. The liability of Bihar or Uttar Pradesh to refund any tax or duty on property situate in the transferred territories, including land revenue, collected in excess shall be the liability of the State to which the territories are transferred, and the liability of Bihar or Uttar Pradesh to refund any other tax or duty collected in excess in any case where the place of assessment of the tax or duty is in the transferred territories shall also be the liability of the State to which the territories are transferred. ### 17. Deposits. The liability of Bihar or Uttar Pradesh in respect of any civil deposit or local fund deposit made in the transferred territories shall, as from the appointed day, be the liability of the State to which the territories are transferred. ### 18. Contracts. (1) Where, before the appointed day, the State of Bihar or Uttar Pradesh has made any contract in the exercise of its executive power for any purposes of the State, that contract shall be deemed to have been made in the exercise of the executive power-- (a) if such purposes are, as from that day, purposes relatable exclusively to the transferred territories, of the State to which the territories are transferred; and (b) in any other case, of the State which made the contract, and all rights and liabilities which have accrued, or may accrue, under any such contract shall, to the extent to which they are rights or liabilities of the State which made the contract, be rights or liabilities of the State specified in clause (a) or clause (b) above. (2) For the purposes of this section, there shall be deemed to be included in the liabilities which have accrued or may accrue under any contract-- (a) any liability to satisfy an order or award made by any court or other tribunal in proceedings relating to the contract; and (b) any liability in respect of expenses incurred in or in connection with any such proceedings. (3) This section shall have effect subject to the other provisions of this Part relating to the apportionment of liabilities in respect of loans, guarantees and other financial obligations. ### 19. Liability in respect of actionable wrong. Where, immediately before the appointed day, the State of Bihar or Uttar Pradesh is subject to any liability in respect of an actionable wrong, other than breach of contract, that liability shall,-- (a) if the cause of action arose wholly within the transferred territories, be a liability of the State to which the territories are transferred; and (b) in any other case, continue to be a liability of the State which, immediately before that day, was subject to such liability. ### 20. Liability as guarantor of co-operative societies. Where, immediately before the appointed day, the State of Bihar or Uttar Pradesh is liable as guarantor in respect of any liability of a registered co-operative society, that liability shall,-- (a) if the area of the society's operations is limited to the transferred territories, be a liability of the State to which the territories are transferred; and (b) in any other case, continue to be a liability of the State which, immediately before that day, was subject to such liability. ### 21. Items in suspense. If any item in suspense is ultimately found to affect an asset or liability of the nature referred to in any of the foregoing provisions of this Part, it shall be dealt with in accordance with that provision. ### 22. Apportionment of assets or liabilities by agreement. Where the States of Bihar and Uttar Pradesh agree that the benefit or burden of any particular asset or liability should be apportioned between them in a manner other than that provided for in the foregoing provisions of this Part, then, notwithstanding anything contained therein, the benefit or burden of that asset or liability shall be apportioned in the manner agreed upon. ### 23. Power of Central Government to order allocation or adjustment in certain cases. Where, by virtue of any of the provisions of this Part, either of the States of Bihar or Uttar Pradesh becomes subject to any liability, and the Central Government, on a reference made within a period of three years from the appointed day by either of the States, is of opinion that it is just and equitable that property or those benefits should be transferred to, or shared with, the other State or that a contribution towards that liability should be made by the other State, the said property or benefits shall be allocated in such manner between the two States, or the other State shall make to the State subject to the liability such contribution in respect thereof, as the Central Government may, after consultation with the two State Governments, by order determine. ### 24. Expenditure to be charged on the Consolidated Fund. All sums payable by either Bihar or Uttar Pradesh to the other State by virtue of the provisions of this Part shall be charged on the Consolidated Fund of the State by which such sums are payable. Part VII – Legal And Miscellaneous Provisions ----------------------------------------------- ### 25. State Financial Corporations and State Electricity Boards. As from the appointed day-- (a) the Financial Corporation constituted under the State Financial Corporations Act, 1951 ( 63 of 1951 .), for the States of Bihar and Uttar Pradesh, and (b) the State Electricity Boards constituted under the Electricity (Supply) Act, 1948 (54 of 1948.), for the said States, shall be deemed to have been constituted for those States with their areas as altered by the provisions of section 3. ### 26. Territorial extent of laws. The provisions of section 3 shall not be deemed to have effected any change in the territories to which any law in force immediately before the appointed day extends or applies, and territorial references in any such law to the State of Bihar or Uttar Pradesh shall, until otherwise provided by a competent Legislature or other competent authority, be construed as meaning the territories within that State immediately before the appointed day. ### 27. Power to adapt laws. For the purpose of facilitating the application of any law in relation to the State of Bihar or Uttar Pradesh, the appropriate Government may, before the expiration of one year from the appointed day, by order make such adaptations and modifications of the law, whether by way of repeal or amendment as may be necessary or expedient, and thereupon every such law shall have effect subject to the adaptations or modifications so made until altered, repealed or amended by a competent Legislature or other competent authority. Explanation.--In this section, the expression "appropriate Government" means as respects any law relating to a matter enumerated in the Union List, the Central Government, and as respects any other law, the State Government. ### 28. Power to construe laws. Notwithstanding that no provision or insufficient provision has been made for the adaptation of a law made before the appointed day, any court, tribunal or authority, required or empowered to enforce such law may, for the purpose of facilitating its application in relation to the State of Bihar or Uttar Pradesh, construe the law in such manner, without affecting the substance, as may be necessary or proper in regard to the matter before the court, tribunal or authority. ### 29. Legal proceedings. Where, immediately before the appointed day, the State of Bihar or Uttar Pradesh is a party to any legal proceedings with respect to any property, rights or liabilities transferred to the other State under this Act, the other State shall be deemed to be substituted for the State from which such property rights or liabilities are transferred as a party to those proceedings, or added as a party thereto, as the case may be, and the proceedings may continue accordingly. ### 30. Transfer of pending proceedings. (1) Every proceeding pending immediately before the appointed day before a court (other than a High Court), tribunal, authority or officer in any area which on that day falls within the State of Bihar or Uttar Pradesh shall, if it is a proceeding relatable exclusively to any part of the territories which as from that day are the territories of the other State, stand transferred to the corresponding court, tribunal, authority or officer in the other State. (2) If any question arises as to whether any proceeding should stand transferred under sub-section (1), it shall be referred to the High Court having jurisdiction in respect of the area in which the court, tribunal, authority or officer before which, or before whom, such proceeding is pending on the appointed day, is functioning, and the decision of that High Court shall be final. (3) In this section,-- (a) "proceeding" includes any suit, case or appeal; and (b) "corresponding court, tribunal, authority or officer" in a State means-- (i) the court, tribunal, authority or officer in which, or before whom, the proceeding would have lain if the proceeding had been instituted after the appointed day, or (ii) in case of doubt, such court, tribunal, authority or officer in that State as may be determined after the appointed day by the Government of that State, or before the appointed day by the Government of the other State, to be the corresponding court, tribunal, authority or officer. ### 31. Right of pleaders to practise in certain courts. Any person who, immediately before the appointed day, is enrolled as a pleader entitled to practise in any subordinate courts in the transferred territories shall, for a period of six months from that day, continue to be entitled to practise in those courts, notwithstanding that the whole or any part of the territories within the jurisdiction of those courts has been transferred to another State. ### 32. Construction of boundary pillars, etc. (1) It shall be lawful for the State Government which is responsible for the construction of any boundary pillar under sub-section (3) of section 3 to cause such pillar to be constructed and maintained and no suit, prosecution or other legal proceeding shall lie against the State Government or any of its officers for anything in good faith done or intended to be done under this section. (2) The boundary pillars shall be inspected jointly by the officers of the State Governments of Bihar and Uttar Pradesh in accordance with such rules as the Central Government may make in this behalf. (3) Whoever wilfully removes or injures any boundary pillar shall be punishable with imprisonment of either description for a term which may extend to one year, or with fine, or with both. (4) Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (5 of 1898.), an offence under sub-section (3) may be inquired into and tried by a court in either of the States of Bihar and Uttar Pradesh. ### 33. Validity of demarcation done before commencement of Act. All things done, and all steps taken, before the commencement of this Act in connection with the demarcation of the fixed boundary in relation to the river Ganga or the river Ghaghra, as the case may be, shall, in so far as they are in conformity with the provisions of sub-sections (2) and (3) of section 3, be deemed to have been done in accordance with law. ### 34. Effect of provisions inconsistent with other laws. The provisions of this Act shall have effect notwithstanding any law, custom or usage which is inconsistent therewith. ### 35. Power to remove difficulties. If any difficulty arises in giving effect to the provisions of this Act, the President may, by notified order, do anything, not inconsistent with such provisions which appears to him to be necessary or expedient for the purpose of removing the difficulty. ### 36. Power to make rules. (1) The Central Government may, by notification in the Official Gazette, make rules to give effect to the provisions of this Act. (2) Every rule made under this section shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or [in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid] [Substituted by Act 4 of 1986, Section 2 and Sch. (w.e.f. 15-5-1986). ] 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 SCHEDULE [See section 3(2) ] EXPLANATORY NOTE The village boundaries and names mentioned in this Schedule have reference to boundaries and names as shown in the sheets of large scale surveys covering relevant areas of Saran and Shahabad districts of the State of Bihar and Ballia district of the State of Uttar Pradesh, conducted by the Survey of India during the period 1881-83, and where such sheets are not available as shown in any other record which the State Governments of Bihar and Uttar Pradesh agree to be relevant within one month from the commencement of this Act, or in default of such agreement, which the authority referred to in sub-section (2) of section 3 may determine to be the relevant record. The Ganga and Ghaghra rivers and their high banks wherever mentioned in this Schedule have reference to the geographical river or high bank positions, as the case may be, as shown in the survey records mentioned in the foregoing paragraph. Ganga Sector The boundary in this sector shall commence from a point (approximate Latitude 25ø 44' 10", Longitude 84ø 36' 06") on the existing fixed boundary between Bihar and Uttar Pradesh, lying between Shitab Diara (Bihar) , Mahazi Kondarha (Uttar Pradesh) and Khawaspur (till now in Uttar Pradesh) and located about half mile roughly south-west of the present "abadi" site of Babudera village (near Dalijitola). Accordingly, the portion of the present alignment of the above mentioned existing fixed boundary between this point and the present Ganga river will cease to be the boundary between the States of Bihar and Uttar Pradesh. ### 2. From this point, the boundary shall run in straight lines within the high banks of the Ganga, connecting successively points (approximate Latitude 25ø 44' 12", Longitude 84ø 33' 44"), and (approximate Latitude 25ø 44' 06", Longitude 84ø 33' 46"), placing villages Mahazi Kondarha and Kondarha completely in Uttar Pradesh and village Khawaspur completely in Bihar. From this point, the boundary shall run along the common boundaries of villages Mohanpur and Mandrauli Kans or Tirbhuani, placing them completely in Uttar Pradesh, and Khawaspur, Padumanian, Sohra, Inglis Arazi appg. to Balua Nargada, Piparpati and Salempur Diara Mamluk Sarkar villages placing them completely in Bihar, till it goes to a point (approximate Latitude 25ø 43' 35", Longitude 84ø 32' 32") on the high bank of the Ganga. From this point, the boundary shall run in straight line within the high banks of the Ganga, connecting points (approximate Latitude 25ø 43' 26", Longitude 84ø 32' 12"), (approximate Latitude 25ø 40' 56", Longitude 84ø 31' 52"), and (approximate Latitude 25ø 40' 30", Longitude 84ø 31' 20"), so as to place villages Raghunathpur, Dewakar Dehari, Kewatia, Narainpur, Singhai, Dharampur, Dokti and Mahazi Dokti completely in Uttar Pradesh and villages Salempur Diara Mamluk Sarkar, Salempur Parsa and Tek Semar completely in Bihar. ### 3. The boundary will then follow the common boundaries of villages Mahazi Dokti, Arazi Zabti, Mahazi Naubarar No. 49, Naubarar Bandobasti No. 48, Tika Semaria and Nipanian, keeping these villages completely in Uttar Pradesh and villages Zamin Fazil, Suremanpur Harnarain and Bara Singha Buzurg, keeping these villages completely in Bihar, till the boundary reaches point (approximate Latitude 25ø 41' 17", Longitude 84ø 28' 21") at the north-west corner of village Bara Singha Buzurg and located within the high banks of Ganga river. From this point, the boundary shall run in a straight line to another point (approximate Latitude 25ø 41' 35", Longitude 84ø 28' 05") on the high bank of the Ganga, placing village Nardara in Uttar Pradesh and villages Parsotimpur Babhnauli and Bahoranpur Chakki completely in Bihar. Thence the boundary shall follows the common boundaries of villages Nardara, Nipanian, Patkhauli, Uchitpur, Bahuara, Udhopur, Nauranga and Bhagwanpur keeping these villages completely in Uttar Pradesh, and villages Pipra Ganesh Damodarpur and Jewainian Keeping these villages completely in Bihar, till the boundary reaches point (approximate Latitude 25ø 41' 34", Longitude 84ø 25' 45") within the high banks of the Ganga. From this point, the boundary shall proceed along the common boundary of village Bhagwanpur and village Bahoranpur, keeping the latter village completely in Bihar, till the boundary reaches point (approximate Latitude 25ø 41' 54", Longitude 84ø 25' 02") at the north-west corner of village Bahoranpur. ### 4. Thence the boundary shall run in straight lines within the high banks of the Ganga connecting successively points (approximate Latitude 25ø 41' 55", Longitude 84ø 24' 33") and (approximate Latitude 25ø 42' 33", Longitude 84ø 24' 11") so as to place village Nauranga completely in Uttar Pradesh and villages Nauranga Chakki and Sonbarsa on the other hand completely in Bihar. From this point, the boundary shall follow the common boundaries of villages Nauranga, Bhual Chhapra, Pandepur, Rampur and Udai Chhapra keeping these villages completely in Uttar Pradesh and villages Nauranga Chak, Shiupur and Bariarpur, keeping these villages completely in Bihar, till the boundary reaches point (approximate Latitude 25ø 43' 55", Longitude 84ø 23' 11"), within the high banks of the Ganga. From this point the boundary shall follow the western boundary of Udai Chhapra up to the high bank of the Ganga and then follow the common boundaries of villages Udai Chhapra, Tola Bari Babu, Kaulapat Chhapra Urf Dubey Chhapra 1st Portion, Pachrukhia, Tulapur Arazi Mafi Khedan Kuanr and Durjanpur, keeping these villages completely in Uttar Pradesh and villages Tulapur and Sughar Chhapra, keeping these villages and village Durjanpur Chak completely in Bihar, till the boundary reaches a point (approximate Latitude 25ø 44' 12", Longitude 84ø 22' 41") on the high bank of Ganga river. The boundary shall then run in straight lines connecting successively points (approximate Latitude 25ø 44' 05", Longitude 84ø 22' 38") and (approximate Latitude 25ø 44' 29", Longitude 84ø 22' 04") and shall then continue along the common boundary of villages Durjanpur and Dangrabad, placing them in Uttar Pradesh, and village Shukulpura or Ghinahu Chhapra, placing this village in Bihar, till the boundary reaches point (approximate Latitude 25ø 44' 33", Longitude 84ø 22' 00"), south of the north-west corner of village Shukulpura and located on the high bank of the river. ### 5. Thence the boundary shall run straight to point (approximate Latitude 25ø 44' 35", Longitude 84ø 20' 58") at the south-east corner of Gaighat village and located within the high banks of Ganga river so as to place villages Dangrabad and Bighai completely in Uttar Pradesh and village Naini Jor completely in Bihar and then run in a straight line till point (approximate Latitude 25ø 44' 37", Longitude 84ø 20' 50") at the south-west corner of village Gaight, placing this village in Uttar Pradesh. From this point, the boundary shall run in straight lines within the high banks of the Ganga, connecting successively points (approximate Latitude 25ø 44' 37", Longitude 84ø 20' 18"), (approximate Latitude 25ø 43' 52", Longitude 84ø 19" 49'), (approximate Latitude 25ø 42' 29", Longitude 84ø 19' 54"), (approximate Latitude 25ø 40' 14", Longitude 84ø 19' 35"), and (approximate Latitude 25ø 40' 04", Longitude 84ø 19' 17"), so as to place villages Baghaunch, Pokhra, Babubel, Haldi, Rikni Chhapra, Hansnagar and Jauhi completely in Uttar Pradesh and villages naini Jor, Mahuar and Bahaduri Patti completely in Bihar. Thence the boundary shall follow the common village boundaries of village Jauhi placing this village in Uttar Pradesh and villages Bisupur and Jagdishpur on the other hand, placing these two villages in Bihar, till the boundary reaches point (approximate Latitude 25ø 39' 54", Longitude 84ø 18' 21"). From this point, the boundary shall run straight within the high banks of the Ganga to a point (approximate Latitude 25ø 39' 39", Longitude 84ø 17' 43") near the north-east corner of village Sapahi and located at the sharp bend of the high bank of the Ganga so as to place village Jauhi in Uttar Pradesh and villages Pandepur and Hirdahi in Bihar. The boundary shall then follow the northern boundary of village Sapahi up to a point (approximate Latitude 25ø 39' 35", Longitude 84ø 16' 38") at the north-west corner of this village, placing this village completely in Bihar. ### 6. The boundary shall then run in straight lines within the high banks of the Ganga, connecting successively points (approximate Latitude 25ø 39' 49", Lagitude 84ø 16' 35"), (approximate Latitude 25ø 39' 43", Longitude 84ø 13' 30"), (approximate Latitude 25ø 40' 08", Longitude 84ø 12' 28"), (approximate Latitude 25ø 42' 06", Longitude 84ø 12' 01") and (approximate Latitude 25ø 43' 03", Longitude 84ø 10' 35"), placing villages Jauhi, Shiupur Diar Gangbarar and Shiupur Diar completely in Uttar Pradesh and village Mannipur, Shiupur Diar Chakki, Paranpur, Pharhada, Kharha Tanr Estate No. 1 Taufir, Gangauli Estate No. 1 Taufir, Dubha Estate No. 1 Taufir, Rajapur and Diara Partappur completely in Bihar. ### 7. Then the alignment of the boundary from this point to point (approximate Latitude 25ø 43' 24", Longitude 84ø 07' 52") will be such as to place villages Shiupur Diar, Shiurampur, Dhamauli, Kasimpur, Wazirapur, Bhikhampura, Turk Ballia, Shahpur Dighwara, Sobhapur and Bijaipur in Uttar Pradesh and villages Diara Partappur, Bhirgu Ashram, Diara Jagdishpur and Parsanpah in Bihar. ### 8. The boundary shall then run in straight lines within the high banks of the Ganga joining points (approximate Latitude 25ø 43' 16", Longitude 84ø 06' 25"), (approximate Latitude 25ø 42' 48", Longitude 84ø 05' 28"), (approximate Latitude 25ø 41' 40", Longitude 84ø 04' 37"), (approximate Latitude 25ø 39' 06", Longitude 84ø 05' 14"), (approximate Latitude 25ø 38' 10", Longitude 84ø 04' 59"), (approximate Latitude 25ø 37' 33", Longitude 84ø 02' 47") and (approximate Latitude 25ø 36' 52", Longitude 84ø 01' 10") consecutively, placing villages Maldepur, Parsi Patti or Chakia, Haibatpur or Begpur, Taranpur, Bansthana, Pandepur appg. to Ismaila, Hasanpur appg. to Takarsand, Anjorpur, Kot, Arazi Diara (appg. to Kot), Naubarar of Shahpur of 1873, Naubarar of Shahpur of 1880, Naubarar of Kulharia 1880, Naubarar of Palia 1881, Naubarar of Sarwanpur 1881, Naubarar of Rai Kishun Patti 1881, Naubarar of Belsipah 1881, Gangbarar of Sheopur and Gangbarar of Sital Patti compeletely in Uttar Pradesh and villages Parsanpah, Sultanhi, Dilia Estate No. 1 Taufir, Parnahi Kalan, Parnahi Khurd, Umarpur Diara, Sura Tanr or Barkagaon, Nagpura, Padampur, Desar Buzurg, Misraulia, Umarpur Diara, Majharia and Arjunpur completely in Bihar. ### 9. Thence the boundary will run in straight lines within the high banks of the Ganga, joining successively points (approximate Latitude 25ø 34' 09", Longitude 83ø 57' 29") and (approximate Latitude 25ø 33' 36", Longitude 83ø 55' 51"). The last point is the trijunction of the boundaries of districts Ballia and Ghazipur of Uttar Pradesh and district Shahabad of Bihar. ### 10. The boundary described above, shall be a continuous line. Ghaghra Sector The boundary in this sector shall commence from a point (approximate Latitude 25ø 46' 21", Longitude 84ø 37' 15") on the existing fixed boundary between Shitab Diara in Bihar and Jazira No. 36 in Uttar Pradesh, located at a distance of about 1 mile north-east of the present village Naukatola. ### 2. From this point, the boundary shall run in straight lines within the high banks of Ghaghra river, connecting successively points (approximate Latitude 25ø 46' 18", Longitude 84ø 37' 31"), (approximate Latitude 25ø 47' 27", Longitude 84ø 37' 36"), (approximate Latitude 25ø 49' 29", Longitude 84ø 35' 04"), (approximate Latitude 25ø 49' 55", Longitude 84ø 34' 19") and (approximate Latitude 25ø 50' 21", Longitude 84ø 33' 06") so as to place villages Shitab Diara, Diara Naubarar Godnan, Simaria, Bhadpa Buzurg, Manjhanpura, Kaunru Dhaunru, Manjhi Khas, Diara Manjhi and Mahazi Dumri completely in Bihar and villages Jazira No. 36 and Chand Diara completely in Uttar Pradesh. Thence the boundary shall follow the common boundary between village Mahazi Chand Diara or Dumaria, keeping this village completely in Bihar, and villages Chand Diara and Mahazi Adhsijhua, keeping these villages completely in Uttar Pradesh, till the boundary reaches point (approximate Latitude 25ø 51' 31", Longitude 84ø 32' 32") on the high bank of the Ghaghra. ### 3. Thence the boundary shall run in straight lines within the high banks of the Ghaghra, connecting successively points (approximate Latitude 25ø 51' 33", Longitude 84ø 32' 39"), (approximate Latitude 25ø 52' 33", Longitude 84ø 32' 04"), (approximate Latitude 25ø 52' 16", Longitude 84ø 30' 47") and (approximate Latitude 25ø 53' 08", Longitude 84ø 29' 34") so as to place villages Jazira Harf Be (East) , Dumri, Babhnauli or Babhauli, Jazira Harf Be (West), and Domaigarh completely in Bihar and villages Mahazi Adhsijhu and Gopalnagar completely in Uttar Pradesh. The boundary shall then follow the common boundaries between villages Matiar Diara, Mahazi Naubarar Bashishtnagar, Naubarar Ramnagar, Gopalpur and Ramnagar, Shumali, keeping these villages completely in Bihar, and villages Gopalnagar, Bashishtnagar, Ramnagar Janubi, Asmanpur, Chattur Bhojpur, Gobindpur, Alagdiari, Zamin Gangbarari Patti Mashrik and Jazira Diara Rampur, keeping these villages completely in Uttar Pradesh, till the boundary reaches point (approximate Latitude 25ø 55' 49", Longitude 84ø 24' 46") on the high bank of Ghaghra river. ### 4. From this point, the boundary shall run in straight lines within the high banks of Ghaghra river, connecting successively points (approximate Latitude 25ø 56' 05", Longitude 84ø 23' 16"), (approximate Latitude 25ø 57' 27", Longitude 84ø 21' 21"), (approximate Latitude 25ø 56' 36", Longitude 84ø 18' 50"), (approximate 25ø 56' 39", Longitude 84ø 17' 55"), (approximate Latitude 25ø 57' 28", Logitude 84ø 17' 02"), (approximate Latitude 25ø 58' 30", Longitude 84ø 14' 49") and (approximate Latitude 25ø 58' 38", Longitude 84ø 14' 46"), so as to place villages Siswan, Gangapur, Bhagar Nizamat, Kashnar and Sisai Diara, Gabhirar, Diara Gabhirar Mamluk Sarkar, Kaunsar Patti Jujhar, Diara Kaunsar Patti Purab, Diara Kaunsar Patti Jujhar, Diara Kaunsar Patti Pachhim, Diara Narhan Mamluk Sarkar and Narhan Badlu Mohkam Patti Kakuliat completely in Bihar and villages jazira Diara Rampur, Diara Bhagar, Diara Naubarar Lakhmi Rai Madho Rai, Diara Lakhmi Rai Madho Rai, Chhap Dhanantar, Marwatia Naubarar and Chakki Diara Sultanpur completely in Uttar Pradesh. ### 5. Then the boundary shall follow the common boundaries between villages Narhan Badlu Mohkam Patti Kakuliat, Diara Bhao Singhpur, Diara Kakuliat or Patti Kakuliat, Adampur, Patar and Diara Naubarar Bandobasti Patar, keeping these villages completely in Bihar and village Adampur Chakki, keeping this vilage completely in Uttar Pradesh, till the boundary reaches point (approximate Latitude 25ø 59' 24", Longitude 84ø 12' 12") on the high bank of Ghaghra river. From this point, the boundary shall run in straight lines within the high banks of Ghaghra river, connecting successively points (approximate Latitude 25ø 59' 15", Longitude 84ø 11' 53") and (approximate Latitude 25ø 59' 35", Longitude 84ø 11' 16") so as to place village Diara Naubarar Bandobasti Patar completely in bihar and villages Kakarghatta, Gondauli and Sangapur completely in Uttar Pradesh. Thence the boundary shall run straight to point (approximate Latitude 25ø 59' 38", Longitude 84ø 11' 08") approximately following the northern boundary of village Bikrampur, placing this village in Uttar Pradesh. ### 6. From this point, the boundary shall run straight within the high banks of Ghaghra river to point (approximate Latitude 25ø 59' 39", Longitude 84ø 10' 46") so as to place village Diara Naubarar Bandobasti Patar completely in Bihar and village Ailasgarh commpletely in Uttar Pradesh. The alignment thence to point (approximate Latitude 26ø 01' 27", Longitude 84ø 10' 11") will be such that village Diara Maniar Tukra I shall be placed in Bihar and village Mahazi Maniar Tukra II shall be placed in Uttar Pradesh. ### 7. From thereon, the boundary shall run in straight lines within the high banks of Ghaghra river, connecting successively points (approximate Latitude 26ø 03' 07", Longitude 84ø 08' 21"), (approximate Latitude 26ø 04' 29", Longitude 84ø 07' 26"), (approximate Latitude 26ø 05' 34", Longitude 84ø 06' 22"), (approximate Latitude 26ø 06' 00", Longitude 84ø 05' 27") and (approximate Latitude 26ø 06' 00", Longitude 84ø 03' 27") so as to place villages Kasaila Pachbimia, Diara Kashidat, Diara Harna Tand, Darauli, Doba Karwan, Karamha. Amarpur, Keontallia and Dumarhar Khurd completely in Bihar and villages Dewarah Mahazi Kashidat, Dewarah Harnatar, Dewarah Darauli, Dewarah Karmaha, Dewarah Amarpur, Sisotar and Lilkar completely in Uttar Pradesh. The last point is the trijunction of the boundaries of districts Saran of Bihar and Ballia and Deoria of Uttar Pradesh. ### 8. The boundary described above, shall be a continous line .
65b97cd3ab84c7eca86e9327	acts	State of Punjab - Act ----------------------- Amalgamation of Oriental Bank of Commerce and United Bank of India into Punjab National Bank Scheme, 2020 ----------------------------------------------------------------------------------------------------------- PUNJAB India Amalgamation of Oriental Bank of Commerce and United Bank of India into Punjab National Bank Scheme, 2020 =========================================================================================================== Rule AMALGAMATION-OF-ORIENTAL-BANK-OF-COMMERCE-AND-UNITED-BANK-OF-INDIA-INTO-PUNJAB-NATIONAL-BANK-SCHEME-2020 of 2020 ----------------------------------------------------------------------------------------------------------------------- * Published on 4 March 2020 * Commenced on 4 March 2020 Amalgamation of Oriental Bank of Commerce and United Bank of India into Punjab National Bank Scheme, 2020 Published vide Notification No. G.S.R. 153(E) , New Delhi, dated 04.03.2020 Last Updated 5th March, 2020 G.S.R. 153(E) . - In exercise of the powers conferred by section 9 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970) and section 9 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980 ( 40 of 1980 ), the Central Government after consultation with the Reserve Bank of India hereby makes the following Scheme, namely: - ### 1. Short title and commencement. (1) This Scheme may be called the Amalgamation of Oriental Bank of Commerce and United Bank of India into Punjab National Bank Scheme, 2020. (2) It shall come into force on the 1st day of April, 2020. ### 2. Definitions. (1) In this Scheme, unless the context otherwise requires, - (a) "Act" means the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970) in respect of Punjab National Bank and United Bank of India and the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980 ( 40 of 1980 ), in respect of Oriental Bank of Commerce; (b) "Annexure" means Annexure attached to this Scheme; (c) "Bank" means the Transferee Bank, Transferor Bank 1 or Transferor Bank 2; (d) "Board" means the Board of Directors of Transferee Bank, Transferor Bank 1 or Transferor Bank 2; (e) "Transferee Bank" means Punjab National Bank; (f) "Transferor Bank 1" means Oriental Bank of Commerce; (g) "Transferor Bank 2" means United Bank of India; (h) "Transferor Banks" means the Transferor Bank 1 and Transferor Bank 2; (i) "Share Exchange Ratio" means the ratio at which the Transferee Bank shares shall be allotted to the Transferor Banks' shareholders as set out in the Schedule; and (j) "Schedule" means the schedule to this Scheme. (2) Words and expressions used herein and not defined in this Scheme, but defined in the Act shall have the meanings respectively assigned to them in those Acts. ### 3. Undertaking of Transferor Banks to vest in the Transferee Bank. - On the commencement of this Scheme, the undertakings of the Transferor Banks shall be transferred to and shall vest in the Transferee Bank. ### 4. General effect of vesting. (1) The undertakings of the Transferor Banks shall be deemed to include all business, assets (including tangible and intangible), estates, rights, titles, interest, powers, claims, licenses, authorities, permits, approvals, permissions, incentives, loans, subsidies, concessions, grants, liberties, special status and other privileges and all property, movable and immovable, real and personal, tangible and intangible, goodwill, copyright, cash balances, capital, reserve funds, investments, transactions in derivatives, and all other rights and interests in, or arising out of, such property and all rights under the intellectual property, etc., in possession or reservation, present or contingent of whatever nature and wherever situated (whether within or outside India), including lands, commercial or residential premises, fixtures, vehicles, cash balances, deposits, foreign currencies, disclosed and undisclosed reserves, reserve fund, special reserve fund, benevolent reserve fund, any other fund, stocks, investments, shares, dividends, bonds, debentures, security, management of any industrial concern, loans, advances and guarantees to any industrial concern, other tenancies, leases and book- debts and all other rights and interests arising out of such property of the Transferor Banks in relation to the undertakings as were immediately before the commencement of the Scheme, in the ownership, possession, power or control of the Transferor Banks within or outside India, and all books of accounts, registers, records and all other documents of whatever nature relating thereto and shall also be deemed to include all borrowings, liabilities and obligations of whatever kind within or outside India then subsisting of the Transferor Banks whether secured or unsecured, along with any charge, encumbrance, lien or security thereon in relation to the undertakings. (2) Upon the commencement of this Scheme, the undertakings of the Transferor Banks shall vest or be deemed to vest or be taken over by the Transferee Bank without requiring any act, deed, consent or instrument for transfer of the same. (3) On the commencement of this Scheme, in respect of such of the assets of the Transferor Banks as are movable in nature or otherwise capable of transfer by manual or constructive delivery or by endorsement and delivery, the same shall stand transferred by Transferor Banks to the Transferee Bank without requiring any deed or instrument of conveyance for transfer of the same and shall become the property of the Transferee Bank. (4) Without prejudice to the generality of sub-paragraph (1) and in respect of movable assets other than those dealt with in sub-paragraph (3), including but not limited to debts, actionable claims, earnest monies, receivables, bills, credits, loans, advances and deposits, if any, forming part of the undertaking, whether recoverable in cash or in kind or for value to be received, bank balances, etc., the same shall stand transferred to and vested in the Transferee Bank without any notice or other intimation to any person to the end and intent that the rights of the Transferor Banks to recover or realize the same stands transferred to the Transferee Bank, and to the extent such assets is a debt, loan, receivable, advance or deposit, appropriate entries should be passed in their respective books to record the aforesaid change, without any notice or other intimation to such debtors, depositors or persons as the case may be. (5) The assets of the Transferor Banks that are immovable in nature shall, be vested in or be deemed to have been vested in the Transferee Bank, without any further act or deed done or being required to be done by the Transferor Banks or by the Transferee Bank and the Transferee Bank shall be entitled to exercise all rights and privileges attached to such immovable properties and shall be liable to pay the ground rent and taxes and fulfil all obligations in relation to or applicable to such immovable properties. (6) The mutation or substitution of the title to the immovable properties shall, upon the commencement of this Scheme, be made and duly recorded in the name of the Transferee Bank. (7) Where any property is held by the Transferor Banks under any lease, the Transferee Bank shall be deemed to have become the lessee in respect of such property as if the lease in relation to such property had been granted to the Transferee Bank and thereupon all the rights under such lease shall be deemed to have been transferred to, and vested in, the Transferee Bank: Provided that on the expiry of the term of any lease referred to in this sub-paragraph shall, if so desired by the Transferee Bank, be renewed on the same terms and conditions on which the lease was held by the Transferor Banks immediately before the commencement of this Scheme. (8) Unless otherwise expressly provided in this Scheme, all contracts, deeds, bonds, agreements, powers of attorney, grants of legal representation and other instruments of whatever nature subsisting or having effect, immediately before the commencement of this Scheme and to which Transferor Bank 1 or Transferor Bank 2 is a party or which are in favour of the Transferor Bank 1 or the Transferor Bank 2, shall be of full force and effect against or in favour of the Transferee Bank, and may be enforced or acted upon as fully and effectively as if in the place of the Transferor Bank 1 or the Transferor Bank 2, the Transferee Bank had been a party thereto or as if they had been issued in favour of the Transferee Bank thereto and it shall not be necessary to obtain the consent of any third party or other person who is a party to any of the aforesaid instruments or arrangements to give effect to the provision of this sub-paragraph. (9) If, immediately before the commencement of this Scheme, any cause of actions, suit, decrees, recovery certificates, appeals or other proceedings of whatever nature in relation to any business of the undertakings which have been transferred under paragraph 3, is pending by or against the Transferor Banks before any court or tribunal or any other authority (including for the avoidance of doubt, an arbitral tribunal), the same shall not abate, be discontinued or be, in any way prejudicially affected by reason of the transfer of the undertakings of the Transferor Banks or of anything contained in this Scheme but the suit, appeal or other proceeding may be continued, prosecuted and enforced by or against the Transferee Bank. (10) Without prejudice to the generality of sub-paragraph (1), it is clarified that on and from the commencement of this Scheme, all permits, licenses, permissions, approvals, clearances, consents, benefits, tax incentives or concessions, registrations, entitlements, credits, certificates, awards, sanctions, allotments, quotas, no objection certificates, exemptions, concessions, issued to or granted to or executed in favour of the Transferor Bank 1 and the Transferor Bank 2, and the rights and benefits under the same, in so far as they relate to the Transferor Bank 1 and the Transferor Bank 2, all intellectual property and rights thereto of the Transferor Bank 1 and the Transferor Bank 2, whether registered or unregistered, along with all rights of commercial nature including attached goodwill, title, interest, quality certifications and approvals, and all other interests relating to the goods or services forming part of the undertaking and the benefit of all statutory and regulatory permissions, approvals and consents, registration or other licenses, and consents acquired by the Transferor Bank 1 or the Transferor Bank 2 forming part of the undertaking, shall be transferred to and vested in or deemed to have transferred to or vested in the Transferee Bank and the concerned licensors and grantors of such approvals, clearances, permissions, etc., shall endorse, where necessary, and record, in accordance with law, the Transferee Bank on such approvals, clearances, permissions so as to empower and facilitate the approval and vesting of the undertaking of the Transferor Bank 1 and Transferor Bank 2 in the Transferee Bank and continuation of operations in the Transferee Bank without hindrance and that such approvals, clearances and permissions shall remain in full force and effect in favour of or against the Transferee Bank, as the case may be, and may be enforced as fully and effectually as if, instead of the Transferor Bank 1 and the Transferor Bank 2, the Transferee Bank had been a party or beneficiary or oblige thereto. (11) Insofar as various incentives, subsidies, exemptions, all direct tax related benefits including tax benefits of losses carried forward, minimum alternate tax credit, depreciation, write-offs, write-downs, write-backs, all indirect tax related benefits, including goods and services tax benefits, income tax holiday or benefit or losses and other benefits or exemptions or privileges enjoyed, or availed by the Transferor Banks shall, subject to the provisions of the Central Goods and Services Tax Act, 2017, the State Goods and Services Tax Act, 2017, the Integrated Goods and Services Tax Act, 2017 and the Union Territory Goods and Services Tax Act, 2017, without any further act or deed, in so far as they relate to the Transferor Banks vest with and be available to the Transferee Bank on the same terms and conditions as if the same had been allotted or granted or sanctioned or allowed to the Transferee Bank. (12) Any security interest created in favour of or for the benefit of the Transferor Bank 1 and Transferor Bank 2, whether such security interest be over immovable, movable, tangible or intangible property, and whether by way of mortgage, hypothecation, pledge, lien or any other form or mode of creation of security interest, and all guarantees, letters of comfort, letters of credit or similar instruments in favour of or for the benefit of the Transferor Bank 1 and Transferor Bank 2, shall without any further act, deed, instrument or thing, be transferred to and vested in the Transferee Bank or be deemed to have been transferred to and vested in the Transferee Bank, and shall continue to be in full force and effect and may be enforced as fully and effectually as if instead of the Transferor Bank 1 and Transferor Bank 2, the Transferee Bank had been the beneficiary or a party thereto, and the benefit shall be available to the Transferee Bank as if such same were ab initio created in favour of the Transferee Bank and it shall not be necessary to obtain the consent of any person concerned therewith in any capacity whatsoever or of the person who created such security in order to give effect to the provision of this subparagraph. (13) Every permanent and regular officer or other permanent and regular employee of the Transferor Banks (except the Board) and officers or employees on probation, serving in the employment of the Transferor Banks immediately before the commencement of this Scheme, shall become an officer or, as the case may be, employee of the Transferee Bank and shall hold his office or service therein in the Transferee Bank on such terms and conditions as may be approved by the Board of the Transferee Bank and shall continue to work in accordance therewith: Provided that the pay and allowance offered to the employees or officers of the Transferor Banks shall not be less favourable, overall, as compared to what they would have drawn in the respective Transferor Banks immediately before the commencement of this Scheme and without any break or interruption in service and the Board of Transferee Bank shall ensure that the interests of all transferring employees and officers of the Transferor Banks are protected. (14) Any officer or other employee of the Transferor Bank 1 or Transferor Bank 2 who does not want to hold his office or service in the Transferee Bank under sub-paragraph 13, shall be deemed to have been superannuated on the date immediately preceding the date of commencement of this Scheme and shall be entitled to all superannuation benefits from the Transferor Banks as would have been admissible to him if the undertaking of the Transferor Bank 1 and Transferor Bank 2 had not been transferred to and vested in the Transferee Bank and such officer or employee shall not be entitled to notice or compensation, whether for retrenchment or otherwise (including for loss of office or employment or premature termination of his contract of employment with the Transferor Banks). (15) Any officer or other employee of the Transferor Bank 1 or Transferor Bank 2 who has retired before the date of commencement of this Scheme from the service of the Transferor Bank 1 or Transferor Bank 2, and entitled to any benefits, rights or privileges from the Transferor Banks shall be entitled to receive same benefits, rights or privileges from the Transferee Bank as would have been admissible to him if the undertaking of the Transferor Bank 1 and Transferor Bank 2 had not been transferred to and vested in the Transferee Bank. (16) The Board of the Transferee Bank may, as soon as may be after the commencement of this Scheme, determine the placement of the employees of the Transferor Banks including the determination of their inter-se seniority vis-a-vis the employees of the Transferee Bank. (17) The trustees or administrators of any provident fund, gratuity, pension fund and such other funds constituted for the employees of the Transferor Banks, shall on, or as soon as possible after, the commencement of this Scheme, transfer to the trustees of the employees provident fund, gratuity, pension fund and any other fund, constituted for the Transferee Bank or otherwise as the Transferee Bank may direct, all monies and investments held in trust for the benefit of the employees of the Transferor Banks and any income tax or other tax exemption granted to the provident fund or the gratuity fund or the pension fund or any other funds of Transferor Banks, if any, shall continue to be applied to the Transferee Bank: Provided that such latter trustees of Transferee bank shall not be liable for deficiency in the value of investments or in respect of any act, neglect or default done before the commencement of this Scheme. (18) If according to the laws of any country outside India, the provisions of this Scheme by themselves are not effective to transfer or vest any asset or liability situated in that country which forms part of the undertaking of the Transferor Bank 1 and Transferor Bank 2 to, or in, the Transferee Bank, the affairs of the Transferor Bank 1 and Transferor Bank 2 in relation to such asset or liability shall, stand entrusted to the chief executive officer for the time being of the Transferee Bank, and the chief executive officer may exercise all powers and do all such acts and things as may be exercised or done by the Transferor Bank 1 and Transferor Bank 2 for the purpose of effectively transferring such assets and discharging such liabilities and shall take all such steps as may be required by the laws of any such country outside India for the purpose of effecting such transfer or vesting, and may either himself or through any person authorised by him in this behalf realise any asset and discharge any liability of the Transferor Bank 1 and the Transferor Bank 2. ### 5. Dissolution of the Boards of the Transferor Banks. - On and from the date of commencement of this Scheme, - (i) the Board of the Transferor Bank 1 and the Board of the Transferor Bank 2 shall stand dissolved; (ii) any whole-time director, including the managing director, of the Transferor Bank 1 and Transferor Bank 2 shall cease to hold office and shall be entitled to receive salary and allowances in lieu of the notice in accordance with the applicable law; (iii) the entire share capital of Transferor Banks shall, without any further act, deed or instrument, stand cancelled; and (iv) the shares of the Transferor Banks shall stand delisted from stock exchange in India where they are listed; and the share certificates representing such shares shall, without any further act, deed or instrument, be deemed to be automatically cancelled, extinguished and be of no effect. ### 6. Protection of the interest of the minority shareholders and considerations. (1) On the commencement of this Scheme, in consideration for the transfer and vesting of the undertakings of Transferor Bank 1 and Transferor Bank 2 in the Transferee Bank and without any further application, act, instrument or deed, the Transferee Bank shall, subject to the provisions of this Scheme, issue shares to the shareholders of Transferor Bank 1 and Transferor Bank 2 as per the Share Exchange Ratio determined in accordance with the procedure as set out in the Annexure. (2) While issuing the shares of the Transferee Bank to the shareholders of the Transferor Banks, - (i) no fractional shares shall be issued by the Transferee Bank in respect of fractional entitlements, if any, to any shareholder of the Transferor Banks and the Board of the Transferee Bank shall, instead pay the Transferor Banks' shareholders, cash equal to the value of such fractional share determined in accordance with the valuation of the shares of the Transferee Bank; (ii) the equity shares issued and allotted by the Transferee Bank in terms of sub-paragraph (1) rank pari passu in all respects and shall have the same rights attached to them as the then existing equity shares of the Transferee Bank, including, in respect of dividends, if any, that may be declared by the Transferee Bank, on or after the commencement of this Scheme; (iii) if there are any pending share transfers, whether lodged or outstanding, of any shareholder of any of the Transferor Banks on the record date, as set out in the Schedule, the Board of the Transferee Bank shall be empowered in appropriate cases, even subsequent to the record date, to effectuate such a transfer of shares in the Transferee Bank as if such changes in registered holder were operative as on the record date in order to remove any difficulties arising to the transferor or transferee of the share in the Transferee Bank; (iv) the equity shares of the Transferee Bank issued in terms of subparagraph (1) shall be listed and admitted to trading on the relevant stock exchanges, where the equity shares of the Transferee Bank are presently listed or admitted to trading, in accordance with applicable law; and (v) The equity shares to be issued by the Transferee Bank pursuant to sub-paragraph (1) in respect of such equity shares of the Transferor Banks, the allotment or transfer of which is held in abeyance under applicable law shall, pending allotment or settlement of dispute by order of the appropriate court or otherwise, also be kept in abeyance in like manner by the Transferee Bank. (3) The shareholders of the Transferee Bank and Transferor Banks shall be entitled to raise their grievances, if any, in relation to the Share Exchange Ratio. (4) Only shareholders who either (a) individually or collectively hold at least one per cent of the total paid up equity capital of any of the Transferee Bank, Transferor Bank 1 or Transferor Bank 2; or (b) are one hundred shareholders acting collectively, of any of the Transferee Bank, Transferor Bank 1 or Transferor Bank 2, shall be entitled to raise objections to the Share Exchange Ratio. (5) The manner in which the objections can be raised by the shareholders who meet the threshold limits prescribed under sub-paragraph (4) shall be as specified by the Transferee Bank in its website or through publication in two widely circulated newspapers of which at least one shall be in English. (6) Not later than seven calendar days after the Swap Ratio Announcement Date, as set out in the Annexure, shareholders that satisfy the threshold limits prescribed under sub-paragraph (4) may submit reasoned objections in writing to a committee constituted by the Transferee Bank and Transferor Banks, to be known as the expert committee, comprising of qualified and experienced persons and headed by an independent person of repute: Provided that, the expert committee may disregard any objections or comments received later than seven calendar days after the swap ratio announcement date. (7) Within seven calendar days from the expiry of the period specified in subparagraph (6), the expert committee shall provide its recommendations to address the objections in the form of a report to the Boards of the Transferee Bank, Transferor Bank 1 and Transferor Bank 2 and the Boards of the Transferee Bank, Transferor Bank 1 and Transferor Bank 2 shall separately consider the report of the expert committee and take suitable actions as they deem fit for redressal of any grievances or objections. ### 7. Name of the corresponding new bank on amalgamation. - Upon amalgamation of the Transferor Bank 1 and the Transferor Bank 2 into the Transferee Bank, the surviving entity being the Transferee Bank shall be known by the name "Punjab National Bank". Schedule ---------- [see paragraph 2(1) (i)] Share Exchange Ratio The Share Exchange Ratio shall be as follows: (a) [•] equity shares of rupees two only each, credited as fully paid up in the Transferee Bank for every [•] equity shares of the face value of rupees ten only each held in the Transferor Bank 1 issued and allotted to the equity shareholders of the Transferor Bank 1 whose names are recorded in the register of members of the Transferor Bank 1 as on the date determined by the Transferee Bank for this purpose to be known as the record date. (b) [•] equity shares of rupees two only each, credited as fully paid up in the Transferee Bank for every [•] equity shares of the face value of rupees ten only each held in the Transferor Bank 2 to be issued and allotted to the equity shareholders of the Transferor Bank 2 whose names are recorded in the register of members of the Transferor Bank 2 as on the date determined by the Transferee Bank for this purpose to be known as the record date. Annexure [see paragraph 6(1) ] Procedure for determining the Share Exchange Ratio (i) The Transferee Bank, Transferor Bank 1 and Transferor Bank 2 shall each separately and independently appoint one accounting firm (Independent Valuer) to undertake an independent valuation of the shares of the relevant banks to determine Share Exchange Ratio. (ii) The Independent Valuers shall issue joint valuation report proposing the Share Exchange Ratio (Joint Valuation Report) for each of the Transferor Banks. (iii) The Transferee Bank, Transferor Bank 1 and Transferor Bank 2 shall each separately and independently appoint one category I Merchant Banker registered with the Securities and Exchange Board of India to give separate fairness opinions on valuation done by the independent valuers to the respective bank (Fairness Opinion). (iv) The audit committees of each of the Transferee Bank, Transferor Bank 1 and Transferor Bank 2 shall consider the Share Exchange Ratio and provide its recommendations to the Boards of the Transferee Bank, Transferor Bank 1 and Transferor Bank 2, after taking into consideration the Joint Valuation Report and the fairness opinion issued to the respective banks. (v) After taking into consideration the recommendations of the respective audit committee, the Joint Valuation Report and the fairness opinion issued to the respective banks, the Boards of the respective banks shall approve the Share Exchange Ratio suggested by the independent valuers which in the opinion of the Boards of the respective banks is fair and reasonable. (vi) The Share Exchange Ratio shall be notified by each of the respective banks to the stock exchanges on which shares of such bank are listed and the date of such notification to be known as the Swap Ratio Announcement Date.
65b9a06cab84c7eca86e97d3	acts	State of Haryana - Act ------------------------ The Punjab Laws (Extension No. 9) Act, 1960 --------------------------------------------- HARYANA India The Punjab Laws (Extension No. 9) Act, 1960 ============================================= Act 43 of 1960 ---------------- * Published on 18 December 1960 * Commenced on 18 December 1960 The Punjab Laws (Extension No. 9) Act, 1960 Punjab Act No. 43 of 1960 Statement of Objects and Reasons. - With a view to achieving uniformity in the matter application of laws in the new State of Punjab, some further laws are sought to be extended to the erstwhile Pepsu territory. This Bill represents the third instalment of such laws. Published vide Punjab Government Gazette Extraordinary, dated 24.10.1960. Received the assent of the President on the 18th December, 1960 and was first published for general information in the Punjab Government Gazette (Extraordinary) dated the 30th December, 1960. An Act to provide for the extension of certain regional laws to the territories which, immediately before the 1st November, 1956, were comprised in the State of Patiala and East Punjab States Union. Be it enacted by the Legislature of the State of Punjab in the Ninth Year of the Republic of India as follows : ### 1. Short title and commencement. (1) This Act may be called the Punjab Laws (Extension No. 9) Act, 1960. (2) It shall come into force at once. ### 2. Definitions. - In this Act, - (a) "Schedule" means a Schedule appended to this Act; (b) "transferred territories" mean the territories which, immediately before the 1st November, 1956, were comprised in the State of Patiala and East Punjab States Union. ### 3. Interpretation. - The Punjab General Clauses Act, 1898, shall apply for the interpretation of this Act as it applies for the interpretation of a Punjab Act. ### 4. Extension of certain laws to transferred territories. - All the enactments, as amended from time to time, specified in Schedule I and so much of the enactment, as amended from time to time, specified in Schedule II as extends to the territories which, immediately before the 1st November, 1956, were comprised in the State of Punjab and relates to matters with respect to which the State Legislature has power to make laws for a State and all rules, regulations, notifications, orders and bye-laws made, and all directions or instruction issued, thereunder which are in force immediately before the commencement of this Act in the said territories, are hereby extended to, and shall be inforce in, the transferred territories. ### 5. Construction of certain references. - In the enactments, or rules, regulations, notifications, orders and bye-laws made, and directions or instructions issued, thereunder, as referred to in section 4, any reference (1) to a law which is not in force in the transferred territories shall in relation to such territories, be construed as a reference to the corresponding law, if any, in force in such territories; and (2) to the state of Punjab, by whatever form of words, shall be construed as including a reference to the transferred territories. ### 6. Repeals and savings. - If immediately before the commencement of this Act, there is in force in the transferred territories any law corresponding to any of the enactments or rules, regulations, notifications, orders and bye-laws made, and directions or instructions issued, thereunder, extended to those territories by section 4, that law, including the enactments specified in Schedule III, shall on the commencement of this Act, save as the otherwise expressly provided in this Act, stand repealed: Provided that such repeal shall not affect - (a) the previous operation of any law so repealed or anything duly done or suffered thereunder; or (b) any right, privilege, obligation or liability acquired or incurred under any law so repealed; or (c) any penalty, forfeiture or punishment incurred in respect of any offence committed against any law so repealed; or (d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid; and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed, as if this Act had not been passed: Provided further that anything done or any action taken under any law so repealed shall be deemed to have been done or taken under the corresponding provision of the enactment extended by section 4 to the transferred territories, and shall continue to be in force accordingly, unless and until superseded by anything done or any action taken under the enactment so extended. ### 7. Powers of courts and other authorities for purposes of facilitating application of the enactments specified in Schedule I or II or rules, etc. - For purposes of facilitating the application in the transferred territories of any enactment specified in Schedule I or Schedule II or of any rule, regulation, notification, order, bye-law, direction or instruction referred to in section 4, any court or other authority may construe the same with such alterations, not affecting the substance, as may be necessary or proper to adapt it to the matter before the court or other authority. ### 8. Power to make rules, etc., not to be affected. - Nothing contained in this Act shall affect the power of the State Government or of any officer or authority, exercisable under the enactments specified in Schedules I and II, to add to, amend, vary or rescind the rules, regulations, notifications, orders and bye-laws made, and directions or instructions issued, as extended by section 4 to the transferred territories. ### 9. Power to remove difficulties. - If any difficulty arises in giving effect in the transferred territories to the provisions of any enactment specified in Schedule I or Schedule II, the State Government may by order notified in the Official Gazette, make such provisions or give such directions as appear to it to be necessary or expedient for the removal of the difficulty. I --- Extension of Punjab Acts (See Section 4) \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| Serial No. \| Year \| Number of Act \| Short title \| \| 1 \| 2 \| 3 \| 4 \| \| 1 \| 1920 \| (I of 1920) \| The Punjab Limtation (Custom) Act, 1920 \| \| 2 \| 1920 \| (II of 1920) \| The Punjab Custom (Power to Contest) Act, 1920. \| \| 3 \| 1949 \| (XXIX of 1949) \| The East Punjab Children Act, 1949. \| II ---- Extension of Central Act (See section 4) \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| Serial No. \| Year \| Number of Act \| Short title \| \| 1 \| 2 \| 3 \| 4 \| \| 1 \| 1887 \| (VII of 1887) \| The Suits Valuation Act, 1887 as amended by Punjab Acts No. I of 1938 and No. XIII of 1942. \| III ----- Repeal (See section 6) \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| Serial No. \| Year \| Number of Act \| Short title \| \| 1 \| 2 \| 3 \| 4 \| \| 1 \| 2000 Bk. \| (IX of 2000 Bk.) \| The Patiala Customs (Power to Contest) Act, 2000 Bk. \| \| 2 \| 2000 Bk. \| (X of 2000 Bk.) \| The Patiala Limitation (Custom) Act, 2000 Bk. \| \| 3 \| 2005 Bk. \| (X of 2005 Bk.) \| Sections 95, 96, 97, 98 and 99 of the Pepsu Judicature Ordinance, 2005 Bk. \|
65ba7153ab84c7eca86eb54f	acts	Union of India - Act ---------------------- Assam Sillimanite Limited (Acquisition And Transfer Of Refractory Plant) Act, 1976 ------------------------------------------------------------------------------------ UNION OF INDIA India Assam Sillimanite Limited (Acquisition And Transfer Of Refractory Plant) Act, 1976 ==================================================================================== Act 22 of 1976 ---------------- * Published on 11 February 1976 * Commenced on 11 February 1976 Assam Sillimanite Limited (Acquisition And Transfer Of Refractory Plant) Act, 1976 Act No. 22 of 1976 ### 1427. Object and Reasons Messrs. Assam Sillimanite Limited, a company registered under the Companies Act, 1956, was granted a licence in January, 1960, under the Industries (Development and Regulation) Act. 1951, to set up a refractory plant with a total production capacity of 46,000 tonnes of refractories per annum. The plant was to be set up in two stages. Although the company had a collaboration agreement with a foreign firm and plant and machinery were also imported from abroad, the project did not proceed beyond the first stage and even the first stage was not fully completed. The construction of the second stage was not taken up at all. Only a pilot refractory plant was started but even this was closed down by the company on the 28th June, 1972, throwing more than two hundred workers out of employment. 2. Special types of refractories, including high alumina refractories, needed by the steel industry, may be manufactured at the Refractory Plant of the Company and such manufacture would enable the country to progressively reduce the import of such special types of refractories. Accordingly, for the purpose of speedily bringing the Refractory Plant into operation, the management of the Refractory Plant was taken over by the Central Government under section 18AA of the Industries (Development and Regulation) Act. 1951, initially for a period of three years from 2nd November, 1972. which was subsequently extended by further one year. Hindustan Steel Limited, to which the management of the Refractory Plant was entrusted by the Central Government, has succeeded in bringing the pilot plant into full production. With a view to putting the available equipment to good use and augmenting the production of refractories. it is necessary, in the interests of the general public, to acquire the right, title and interest of Messrs. Assam Sillimanite Limited in respect of its Refractory Plant. The Bill seeks to achieve the said object. - SOR - Gazette of India. 19-1-1976, Pt. II. Section 2, Ext., p. 387. [11th February, 1976.] An Act to provide for the acquisition and transfer of the right, title and interest of the Assam Sillimanite Limited in respect of its Refractory Plant and for matters connected therewith or incidental thereto. WHEREAS it is urgently necessary to augment the supplies of refractories to meet the essential requirements of the iron and steel industry; AND WHEREAS for the said purpose, a licence to set up a refractory plant was granted to the Assam Sillimanite Limited under the Industries (Development and Regulation) Act, 1951(65 of 1951); AND WHEREAS in pursuance of the licence granted to it, the Assam Sillimanite Limited had imported machinery from abroad and commenced the construction of the first stage of its Refractory Plant but the project of the said company did not proceed beyond the first stage on account of financial and other difficulties, and the pilot Refractory Plant, which was constructed by the said company, has been closed; AND WHEREAS special type of refractories, including high alumina refractories, needed by the iron and steel industry may be manufactured at the Refractory Plant of the Assam Sillimanite Limited and such manufacture will enable the country to progressively reduce the import of such special type of refractories; AND WHEREAS for the purpose of speedily bringing the Refractory Plant of the Assam Sillimanite Limited into operation, the management of the said Refractory Plant was taken over, for a limited period by the Central Government under section 18AA of the Industries (Development and Regulation) Act, 1951(65 of 1951); AND WHEREAS for the purpose of augmenting the supplies of refractories to meet the essential requirements of the iron and steel industry, it is necessary to acquire the right, title and interest of the Assam Sillimanite Limited in respect of its Refractory Plant; BE it enacted by Parliament in the Twenty-seventh Year of the Republic of India as follows:-- Chapter I Preliminary -------------------------- ### 1. Short title.- This Act may be called the Assam Sillimanite Limited (Acquisition and Transfer of Refractory Plant) Act, 1976. ### 2. Definitions.- In this Act, unless the context otherwise requires,-- (a) "appointed day" means the day on which this Act comes into force; (b) "Commissioner" means the Commissioner of Payments appointed under section 14; (c) "Company" means the Assam Sillimanite Limited, being a company as defined in the Companies Act, 1956 and having its registered office at Gauhati in the State of Assam; (d) "Refractory Plant" means the refractory manufacturing plant, owned by the Company, situated near Ramgarh in the State of Bihar; (e) "specified date" means such date as the Central Government may, by notification in the Official Gazette, specify in relation to any provision of this Act and different dates may be specified in relation to different provisions of this Act; (f) words and expressions used herein and not defined but defined in the Companies Act, 1956 have the meanings respectively assigned to them in that Act. Chapter II Acquisition Of The Refractory Plant --------------------------------------------------- ### 3. Refractory Plant to vest in the Central Government.- On the appointed day, the Refractory Plant shall, by virtue of this Act, stand transferred to, and the right, title and interest of the Company in relation to its Refractory Plant shall vest absolutely in, the Central Government. ### 4. Power of Central Government to direct vesting of the Refractory Plant in a Government company.- (1) Notwithstanding anything contained in section 3, the Central Government may, if it is satisfied that a Government company is willing to comply, or has complied, with such terms and conditions as that Government may impose, direct, by an order in writing, that the right, title and interest of the Company in relation to the Refractory Plant shall, instead of continuing to vest in the Central Government, vest in the Government company either on the date of publication of the direction or on such earlier or later date (not being a date earlier than the appointed day) as may be specified in that direction. (2) Where an order for vesting of the Refractory Plant in a Government company is made under sub-section (1), all the rights and obligations of the Central Government in relation to the Refractory Plant shall, on and from the date of such vesting, be deemed to have become the rights and obligations, respectively, of the Government company. (3) The Government company shall, in the management and administration of the Refractory Plant, act in accordance with such directions, if any, as may be issued by the Central Government in this behalf. (4) The Government company may also apply to the Central Government at any time for instructions as to the manner in which the management of the Refractory Plant shall be conducted or in relation to any matter arising in the course of such management. ### 5. General effect of vesting.- (1) The Refractory Plant shall be deemed to include all assets, rights, powers, authorities and privileges and all property, movable and immovable (not being any mining lease held by the Company before the appointed day), cash balances, cash on hand, reserve funds, investments, book debts and all other rights and interests in, or arising out of, such property as were immediately before the appointed day, in the ownership, possession, power or control of the Company, whether within or outside India, and all books of account, registers and all other documents of whatever nature relating thereto and shall also be deemed to include the liabilities and obligations specified in sub-section (2) of section 8. (2) All property as aforesaid which have vested in the Central Government under section 3 shall, by force of such vesting, be freed and discharged from any trust, obligation, mortgage, charge, lien and from all other encumbrances affecting it, and any attachment, injunction, or decree or order of any court restricting the use of such property in any manner or appointing any receiver in respect of the whole or any part of such property shall be deemed to have been withdrawn. (3) Every mortgage of any property which has vested under this Act in the Central Government and every person holding any charge, lien or other interest in or, in relation to, any such property shall give, within such time and in such manner as may be prescribed, an intimation to the Commissioner of such mortgage, charge, lien or other interest. (4) For the removal of doubts, it is hereby declared that the mortgagee of any property referred to in sub-section (2) or any other person holding any charge, lien or other interest in, or in relation to, any such property shall be entitled to claim, in accordance with his rights and interests, payment of the mortgage money or other dues, in whole or in part, out of the amount specified in relation to such property in section 9, but no such mortgage, charge, lien or other interest shall be enforceable against any property which has vested in the Central Government or the Central Government. (5) If, on the appointed day, any suit, appeal or other proceeding of whatever nature in relation to any matter specified in sub-section (2) of section 8, instituted or preferred against the Company is pending, the same shall not, in so far as it relates to the Refractory Plant, abate, be discontinued, or be, in any way, prejudicially affected by reason of transfer of the Refractory Plant or of anything contained in this Act, but the suit, appeal or other proceeding may be continued, prosecuted and enforced by or against the Central Government or the Government company, as the case may be. ### 6. Duty to deliver possession of the Refractory Plant and documents thereto.- (1) Every person, in whose possession or custody or under whose control the Refractory Plant or any part thereof or any machinery, instrument or other movable asset forming part of the Refractory Plant, may be immediately before the appointed day, shall forthwith deliver possession of the Refractory Plant, or such part, machinery, instrument or other asset, as the case may be, to the Central Government or the Government company or to such person or body of persons as the Central Government or the Government company may specify in this behalf. (2) Every person who has, on the appointed day, in his possession or under his control any books, documents or other papers relating to the Refractory Plant which has vested in the Central Government or a Government company under this Act, and which belong to the Company or would have so belonged if the Refractory Plant had not vested in the Central Government or the Government company, shall be liable to account for the said books, documents and other papers to the Central Government or the Government company, as the case may be, and shall deliver them up to the Central Government or the Government company or to such person or body of persons as the Central Government or the Government company may specify in this behalf. (3) The Central Government may take or cause to be taken all necessary steps for securing possession of the Refractory Plant which has vested in it under section 3. ### 7. Duty to furnish particulars.- The Company shall, within such period as the Central Government may allow in this behalf, furnish to that Government a complete inventory of all the properties and assets of the Company as on the appointed day, pertaining to the Refractory Plant which has vested in the Central Government under section 3, and for this purpose the Central Government or the Government company shall afford the Company all reasonable facilities. ### 8. Company to be liable for certain prior liabilities.- (1) Every liability, other than the liability specified in sub-section (2), of the Company in relation to the Refractory Plant, in respect of any period prior to the appointed day, shall be the liability of the Company and shall be enforced against it and not against the Central Government or the Government company. (2) Any liability in respect of - (a) the amounts advanced to the Company (after the management of the Refractory Plant had been taken over by the Central Government) by the Hindustan Steel Limited (a company formed and registered under the companies Act, 1956), together with interest due thereon; (b) wages, salaries and other dues of employees of the Refractory Plant, in respect of any period after the management of such plant had been taken over by the Central Government, shall, on and from the appointed day, be the liability of the Central Government and shall be discharged by that Government or, for and on behalf of that Government, by the Government company, as and when repayment of such amount becomes due or as and when such wages, salaries and other dues become due and payable. (3) For the removal of doubts, it is hereby declared that,-- (a) save as otherwise expressly provided in this section or in any other section of this Act, no liability other than the liability specified in sub-section (2) in relation to the Refractory Plant, in respect of any period prior to the appointed day shall be enforceable against the Central Government or the Government company, as the case may be; (b) no award, decree or order of any court, tribunal or other authority in relation to the Refractory Plant, passed after the appointed day in respect of any matter, claim or dispute in relation to any matter, not being a matter referred to in sub-section (2), which arose before that date, shall be enforceable against the Central Government or the Government company, as the case may be; (c) no liability incurred by the Company before the appointed day, for the contravention, in relation to the Refractory Plant, of any provision of law for the time being in force, shall be enforceable against the Central Government or the Government company, as the case may be. Chapter III Payment Of Amount ---------------------------------- ### 9. Amount to be paid for transfer and vesting of Refractory Plant.- (1) The Company shall be given by the Central Government in cash and in the manner specified in CHAPTER IV, an amount of one crore seven lakhs and seventeen thousand rupees for the transfer to, and vesting in, it, under section 3, of the Refractory Plant. (2) The amount payable under sub-section (1) shall carry simple interest at the rate of four per cent, per annum for the period commencing on the appointed day and ending on the date on which payment of such amount is made by the Central Government to the Commissioner. (3) For the removal of doubts, it is hereby declared that the liabilities of the Company in relation to the Refractory Plant , other than those referred to in sub-section (2) of section 8, shall be met from the amount referred to in sub-section (1), in accordance with the rights and interests of the creditors of the Company. ### 10. Payment of other amount.- (1) In addition to the amounts specified in section 9, there shall also be given the Company, in cash, by the Central Government an amount computed at the rate of rupees two thousand and five hundred per mensem for the deprivation of the Company of the management of its Refractory Plant during the period commencing on the 2nd day of November, 1972, and ending on the appointed day. (2) In addition to the amount referred to in sub-section (1), there shall be given by the Central Government, in cash, to the Company, simple interest at the rate of four per cent.per annum on the amount computed at the rate specified in sub-section (1), for the period commencing on the appointed day and ending on the date on which payment of such amount is made by the Central Government to the Commissioner. Chapter IV Management, Etc., Of Refractory Plant ----------------------------------------------------- ### 11. Management, etc., of Refractory Plant.- On the commencement of this Act, the general superintendence, direction control and management of the affairs and business of the Refractory Plant shall, (a) where a direction has been made by the Central Government under section 4, vest in the Government company specified in such direction, or (b) where no direction has been made, vest in such person or body of persons as may be appointed by the Central Government in this behalf, and thereupon the Government company so specified or the person or body of persons so appointed, as the case may be, shall be entitled to exercise all such powers and do all such things as the Company is authorised to exercise and do in relation to the Refractory Plant. Chapter V Provisions Relating To Employees Of Refractory Plant ------------------------------------------------------------------- ### 12. Employment of employees to continue.- (1) Every person, who has been, immediately before the appointed day, employed by the Company, shall, if employed in connection with the Refractory Plant, become, as from the appointed day, an employee of the Central Government or the Government company in which the Refractory Plant has vested, as the case may be, and shall hold his office or service therein by the same tenure, on the same remuneration and upon the same terms and conditions and same rights and privileges as to pension and gratuity and other like matters as he would have held the same under the Company if the Refractory Plant had not vested in the Central Government or the Government company, and shall continue to do so unless and until his employment in Central Government or the Government company is duly terminated or until his remuneration, terms and conditions of employment are duly altered by the Central Government or the Government company, as the case may be. (2) Notwithstanding anything contained in the Industrial Disputes Act, 1947(14 of 1947), or in any other law for the time being in force, the transfer of the services of any employee of the Company to the Central Government or the Government company shall not entitle such employee to any compensation under this Act or under any other law for the time being in force and no such claim shall be entertained by any court, tribunal or other authority. (3) Where, under the terms of any contract of service or otherwise, any, person, whose services become terminated or whose services become transferred to the Central Government or the Government company by reason of the provisions of this Act, is entitled to arrears of salary or wages or any payment for any leave not availed of or other payment, not being payment by way of gratuity or pension, such person may, except to the extent such liability has been taken over by the Central Government under sub-section (2) of section 8, enforce the claim against the Company but not against the Central Government or the Government company. ### 13. Provident and other funds.- (1) Where the Company has established a provident fund, superannuation, welfare or other fund for the benefit of the persons employed in the Refractory Plant, the monies relatable to the employees whose services have become transferred by or under this Act to the Central Government or the Government company shall, out of the monies standing, on the appointed day, to the credit of such provident fund, superannuation, welfare or other fund, stand transferred to, and vested in, the Central Government or the Government company, as the case may be. (2) The monies which stand transferred, under sub-section (1), to the Central Government or the Government company, shall be dealt with by that Government or Government company, as the case may be, in such matter as may be prescribed. Chapter VI Commissioner Of Payments ---------------------------------------- ### 14. Appointment of Commissioner of Payments.- (1) For the purpose of disbursing the amount payable to the Company, the Central Government shall, by notification in the Official Gazette, appoint such person as it may think fit to be the Commissioner of Payments. (2) The Central Government may appoint such other persons as it may think fit to assist the Commissioner and thereupon the Commissioner may authorise one or more of such persons also to exercise all or any of the powers exercisable by him under this Act, and different persons may be authorised to exercise different powers. (3) Any person authorised by the Commissioner to exercise any powers may exercise those powers in the same manner and with the same effect as if they have been conferred on that person directly by this Act and not by way of authorisation. (4) The salaries and allowances of the Commissioner and other persons appointed under this section shall be defrayed out of the Consolidated Fund of India. ### 15. Payment by the Central Government to the Commissioner.- (1) The Central Government shall, within thirty days from the specified date, pay, in cash, to the Commissioner, for payment to the Company, an amount equal to the amount specified in section 9 and shall also pay to the Commissioner such amounts as may be payable to the Company under sub-section (1) and (2) of section 10. (2) A deposit account shall be opened by the Central Government in favour of the Commissioner in Pubic Account of India, and every amount paid under this Act to the Commissioner shall be deposited by him to the credit of the said deposit account in the Public Account of India, and thereafter the said deposit account shall be operated by the Commissioner. (3) Interest accruing on the amount standing to the credit of the deposit account referred to in sub-section (2) shall enure to the benefit of the Company. ### 16. Priority of claims in relation to arrears of provident fund, etc.- (1) Out of the amount paid to him under sub-section (1) of section 15, the Commissioner shall deduct in the first instance, all sums equal to the amount of arrears due to the persons who were in employment of the Company, in connection with the Refractory Plant, on the 1st day of July, 1973,-- (a) in relation to a provident fund, pension fund or any other fund established for the welfare of such persons, (b) as wages. (2) All sums deducted under sub-section (1) shall, in accordance with such rules as may be made under this Act, be credited by the Commissioner to the relevant fund or paid by him to the persons to whom the said sums are due and on such credit or payment, the liability of the Company in respect of the amount of arrears due as aforesaid shall, to the extent of such credit or payment, stand discharged. (3) Every deduction made under sub-section (1) shall have priority over all other debts, whether secured or unsecured. ### 17. Priority in relation to other claims.- (1) Save as otherwise provided in section 16, every secured debt due from the Company shall have priority over all other debts and shall be paid in accordance with the rights and interests of the secured creditors: Provided that where the secured debts are due to different creditors by reason of the hypothecation of different assets to them, such debts shall be repaid in full in accordance with the rights and interests of such creditors, unless the balance of the amount left after meeting the liabilities referred to in section 16 is insufficient to meet them, in which case they shall abate in equal proportions and be paid accordingly. (2) Notwithstanding anything contained in any other law for the time being in force, there shall be paid in priority to all other unsecured debts,-- (a) all revenues, taxes, cesses, rates and any other dues payable immediately before the appointed day, to the Central Government, State Governments, local authorities and State Electricity Boards in relation to the Refractory Plant, as the case may be; (b) all amounts due in respect of any compensation or liability for compensation under the Workmen's Compensation Act, 1923, in respect of the death or disablement of any employee of the Company in relation to the Refractory Plant, unless the Company has, under such a contract with insurers as is mentioned in section 14 of the said Act, rights capable of being transferred to, and vested in, the workmen; (c) all sums deducted by the Company from the salary or wages of any employee of the Refractory Plant for credit to any provident fund or any other fund established for the welfare of the employees but not deposited to the credit of such funds. (3) The debts specified in sub-section (2) shall rank equally among themselves and be paid in full, unless the balance of the amount left after meeting the liabilities referred to in section 16, and sub-section (1) of this section, is sufficient to meet them, in which case they shall abate in equal proportions and be paid accordingly. ### 18. Claims to be made to the Commissioner.- Every person having a claim against the Company in relation to the Refractory Plant shall prefer such claim before the Commissioner within thirty days from the specified date: Provided that if the Commissioner is satisfied that the claimant was prevented by sufficient cause from preferring the claim within the said period of thirty days, he may entertain the claim within a further period of thirty days, but not thereafter. ### 19. Proof or claims.- (1) The Commissioner shall fix a certain date on or before which every claimant shall file the proof of his claim or be excluded from the benefit of the deductions or disbursements made by the Commissioner. (2) Not less than fourteen days' notice of the date so fixed shall be given by advertisement in one issue of the daily newspaper in the English language and in one issue of such daily newspaper in the regional language as the Commissioner may consider suitable, and every such notice shall call upon the claimants to file the proof of their claims with the Commissioner within the time specified in the advertisement. (3) Every claimant who fails to file the proof of his claim within the time specified by the Commissioner shall be excluded from the deductions or disbursements made by the Commissioner. (4) The Commissioner shall, after such investigation as may, in his opinion, be necessary and after giving the Company an opportunity of refuting the claim and after giving the claimant a reasonable opportunity of being heard, in writing, admit or reject the claim in whole or in part. (5) The Commissioner shall have the power to regulate his own procedure in all matters arising out of the discharge of his functions including the place or places at which he will hold his sittings and shall, for the purpose of making an investigation under this Act, have 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) the summoning and enforcing the attendance of any witness and examining him on oath; (b) the discovery and production of any document or other material object producible as evidence; (c) the reception of evidence on affidavits; (d) the issuing of any commission for the examination of witnesses. (6) Any investigation before the Commissioner shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the Indian Penal Code (45 of 1860)and the Commissioner shall be deemed to be a civil court for the purpose of section 195 and CHAPTER XXVI of the Code of Criminal Procedure, 1973 (2 of 1974). (7) A claimant who is dissatisfied with the decision of the Commissioner may prefer an appeal against the decision to the principle civil court of original jurisdiction within the local limits of whose jurisdiction the Refractory Plant is situated: Provided that where a person who is a Judge of a High Court is appointed to be the Commissioner, such appeal shall lie to the High Court for the State in which Refractory Plant is situated, and such appeal shall be heard and disposed of by not less than two Judges of that High Court. ### 20. Disbursement of money by the Commissioner to claimants.- Where, after meeting the claims admitted by him of secured creditors, and unsecured creditors having priority under sub-section (2) of section 17, the total amount of the claims of other unsecured creditors admitted by the Commissioner does not exceed the balance of the amount left after meeting the liabilities referred to in section 16, and sub-sections (1) and (2) of section 17, every admitted claim of such other unsecured creditors, shall rank equally among themselves and be paid in full, and the balance, if any, shall be paid to the Company; but where such amount is insufficient to meet in full the total amount of such admitted claims, all such claims shall abate in equal proportions and be paid accordingly. ### 21. Undisbursed or unclaimed amount to be deposited to the general revenue account.- Any money paid to the Commissioner which remains undisbursed or unclaimed for a period of three years from the first day on which the disbursement was made, shall be transferred by the Commissioner to the general revenue account of the Central Government; but a claim to any money so transferred may be preferred to the Central Government by the person entitled to such payment and shall be dealt with as if such transfer had not been made, the order, if any, for payment of the claim being treated as an order for the refund of the revenue. Chapter VII Miscellaneous ------------------------------ ### 22. Penalties.- Any person, who,-- (a) having in his possession, custody or control any property forming part of the Refractory Plant, wrongfully withholds such property from the Central Government or the Government company, as the case may be; or (b) wrongfully obtains possession of, or retains any property forming part of the Refractory Plant or wilfully withholds or fails to furnish to the Central Government or the Government company or any person or body of persons specified by that Government or the Government company, as the case may be, any document relating to such Refractory Plant which may be in his possession, custody or control or fails to deliver to the Central Government or the Government company or any person or body of persons specified by that Government or the Government company any assets, books of account, registers or other documents in his custody or control, relating to the Refractory Plant; or (c) wrongfully removes or destroys any property forming part of the Refractory Plant or prefers any claim under this Act which he knows or has reasonable cause to believe to be false or grossly inaccurate, shall be punishable with imprisonment for a term which may extend to two years or with fine which may extend to ten thousand rupees, or with both. ### 23. Offences by companies.- (1) Where an offence under this Act has been committed by a company, every person who at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where any offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to, any neglect on the part of any director, manager, secretary or other officer shall be liable to be proceeded against and punished accordingly. Explanation.- For the purposes of this section,-- (a) "company" means any body corporate and includes a firm or other association of individuals; (b) "director", in relation to a firm, means a partner in the firm. ### 24. 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 in any instrument having effect by virtue of any law other than this Act, or in any decree or order of any court, tribunal or other authority. ### 25. Protection of action taken in good faith.- (1) No suit, prosecution or other legal proceeding shall lie against the Central Government or any of its officers or other employees for anything which is in good faith done or intended to be done under this Act. (2) No suit or other legal proceeding shall lie against the Central Government or any of its officers or other employees for any damage caused or likely to be caused by anything which is in good faith done or intended to be done under this Act. ### 26. Contracts to cease to have effect unless ratified by the Central Government or Government company.- (1) Every contract entered into by the Company in relation to the Refractory Plant for any service, sale or supply and in force immediately before the appointed day, shall, on and from the expiry of one hundred and eighty days from the appointed day, cease to have effect unless such contract is, before the expiry of that period, ratified, in writing, by the Central Government or the Government company, and, in ratifying such contract, the Central Government or the Government company may make such alteration or modification therein as it may think fit: Provided that a Government company shall not make any alteration or modification in a contract without the previous approval of the Central Government: Provided further that the Central Government or the Government company shall not omit to ratify a contract, and shall not make any alteration or modification in a contract, unless it is satisfied that such contract is unduly onerous or has been entered into in bad faith or is detrimental to the interests of the Refractory Plant. (2) The Central Government or the Government company shall not omit to ratify a contract, and, shall not make any alteration or modification therein, except after giving to the parties to the contract a reasonable opportunity of being heard and except after recording, in writing, its reasons for refusal to ratify the contract or for making any alteration or modification therein. ### 27. Delegation of powers.- (1) The Central Government may, by notification in the Official Gazette, direct that all or any of the powers exercisable by it under this Act may also be exercised by any person or persons as may be specified in the notification. (2) Whenever any delegation of power is made under sub-section (1), the person to whom such power has been delegated shall act under the direction, control and supervision of the Central Government. ### 28. Power to make rules.- (1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the provisions of this Act. (2) In particular, and without prejudice to the generally of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the manner in which monies in any provident or other fund referred to in section 13 shall be dealt with; (b) any other matter which is required to be, or may be, prescribed. (3) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously don't under the rule. ### 29. Power to remove difficulties.- If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order, not inconsistent with the provisions of this Act, remove the difficulty: Provided that no such order shall be made after the expiry of a period of two years from the appointed day. ### 30. Declaration as to the policy of the State.- It is hereby declared that this Act is for giving effect to the policy of the State towards securing the principles specified in clause (b) of article 39 of the Constitution. Explanation.- In this section, "State" has the same meaning as in article 12 of the Constitution.
65b93afaab84c7eca86e8abe	acts	State of Odisha - Act ----------------------- The Orissa Panchayati Raj Election Commission (Appointment, Condition of Service and Miscellaneous Provisions) Rules, 1994 ---------------------------------------------------------------------------------------------------------------------------- ODISHA India The Orissa Panchayati Raj Election Commission (Appointment, Condition of Service and Miscellaneous Provisions) Rules, 1994 ============================================================================================================================ Rule THE-ORISSA-PANCHAYATI-RAJ-ELECTION-COMMISSION-APPOINTMENT-CONDITION-OF-SERVICE-AND-MISCELLANEOUS-PROVISIONS-RULES-1994 of 1994 ------------------------------------------------------------------------------------------------------------------------------------- * Published on 1 January 1994 * Commenced on 1 January 1994 The Orissa Panchayati Raj Election Commission (Appointment, Condition of Service and Miscellaneous Provisions) Rules, 1994 Published vide Notification Orissa Gazette Extraordinary No. 120/31.1.1994-Notification SRO No. 108/94/29.1.1994 S.R.O. No. 108/94. - In exercise of the powers conferred by Clause (2) of Article 243-K of the Constitution of India, the Governor of Orissa has been pleased to make the following rules, namely : ### 1. Short title and commencement. (1) These rules maybe Called the Orissa Panchayati Raj Election Commission (Appointment, Condition of Service and Miscellaneous Provisions) Rules, 1894. (2) They shall come into force on the date of their publication in the Official Gazette. ### 2. Definition. - Unless the context otherwise requires- (a) "Chairman" means the Chairman of the Orissa Public Service Commission; (b) "Commissioner" means the State Election Commissioner, appointed under Article 243-K of the Constitution; (c) "Civil Servant" means and includes a member of the All-India Service or State Civil Service. ### 3. Qualification for appointment as the Election Commissioner. (1) No person shall be qualified for being appointed as the Commissioner; if he is not- (a) a retired Judge of the High Court; or (b) a retired District Judge; or (c) a retired Civil Servant; or (d) a Serving Civil Servant. (2) If a person, immediately before his appointment, was under employment as a Civil Servant under the State or Central Government, he shall be deemed to have demitted his office as such with effect from the date of his appointment as Commissioner. ### 4. Term of office. (1) The tenure of the office of the Commissioner shall be three years till the Commissioner attains the age of sixty-five years, whichever is earlier. (2) Notwithstanding anything contained in Sub-rule (1), the Commissioner may, by writing under his hand, addressed to the Governor, resign from his office at any time. ### 5. Oath of allegiance. - The Commissioner shall, before entering upon his office, make an oath or affirmation of his allegiance to the Constitution in the following form, namely : "I .......................................having been appointed as the State Election Commissioner, 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 that I will faithfully discharge the duty upon which I am about to enter." ### 6. Salary and allowances. (1) The Commissioner shall be entitled to a consolidated salary of Rs. 8,000 (Rupees eight thousand) per month minus pension if any including the commuted amount. (2) Perquisites of the office of the Commissioner shall be the same as that of the Chairman. (3) The Commissioner shall be entitled to Travelling Allowances or Daily Allowances for his journeys on tour at par with the Chairman. (4) The Commissioner shall be entitled to leave and pension at the same scale, rate and in the same manner as that of the Chairman. ### 7. Filling of casual vacancy. - The casual vacancy in the office of the Commissioner due to death, resignation, removal or otherwise shall be filled up by the Governor by fresh appointment in accordance with the provisions of these rules. ### 8. Interim period to be within the term of office. - The term of office of the Commissioner shall be deemed to include any period which may elapse between the date on which the, Commissioner ceases to be in office and the date from which the succeeding Commissioner enters upon office. ### 9. Power to remove difficulties. (1) If any doubt or difficulty arises in implementing these rules the Governor may, subject to the proviso of Clause (2) of Article 243-K, by order, published in the Official Gazette, make orders, as may be necessary, for removing the doubt or difficulty. (2) Every order made under this rule shall be laid before the State Legislature as soon as may be after it is made.
65ba893fab84c7eca86ebf58	acts	Union of India - Act ---------------------- The Standards of Weights and Measures (Approval of Models) Rules, 1987 ------------------------------------------------------------------------ UNION OF INDIA India The Standards Of Weights And Measures Act, 1976 The Standards of Weights and Measures (Approval of Models) Rules, 1987 ======================================================================== Rule THE-STANDARDS-OF-WEIGHTS-AND-MEASURES of 1987 ---------------------------------------------------- * Published on 1 January 1987 * Commenced on 1 January 1987 1. Amended by [The Standards of Weights and Measures (Approval of Models) Rules, 1987 (Rule THE-STANDARDS-OF-WEIGHTS-AND-MEASURES of 1987) on 1 January 1987 ] The Standards of Weights and Measures (Approval of Models) Rules, 1987 ### 1. Short title and commencement.— (1) These rules may be called the Standards of Weights and Measures (Approval of Models) Rules, 1987. (2) They shall come into force on the date2 of their publication in the Official Gazette. ### 2. Definitions.— In these rules, unless the context otherwise requires,—(a) “Act” means the Standards of Weights and Measures Act, 1976 ( 60 of 1976 ); (b) “Director”, when used without any qualifying words means the Director of Legal Metrology appointed under section 28 of the Act; (c) “Model” means the final physical representation of a weight or measure in which all the components imparting to it the necessary metrological and technical characteristics and qualities 3[as defined in the Act and the Rules made thereunder] are suitably assembled so that, subject to prescribed tolerances, every weight or measure produced in accordance with such model may be similar as regards dimensions, constructions, material performance and other metrological and technical characteristics; (d) “Schedule” means schedule annexed to these rules; (e) "Principal Officer" means the officer who is in charge of the laboratory. ### 3. General provisions relating to laboratories.— (1) The list of recognised laboratories shall be notified from time to time.] (2) A laboratory shall not, unless it is either specified in the First Schedule or is recognised under these rules, carry out any test for the approval of any model. (3) In allocating any model of weight or measure to any laboratory, the Director shall take into account the existence or otherwise of the facilities available in that laboratory for the approval of such model. ### 4. Recognition of laboratories.— (1) Every laboratory desirous of obtaining recognition under these rules for carrying out tests for the approval of the model of any weight or measure shall make an application to the Director in the form as shall be notified from time to time.] (2) Every application, referred to in sub-rule (1), shall be made by the Principal officer of the laboratory. (3) When an application is made under sub-rule (1) for the recognition of a laboratory, the Director shall, before issuing the certificate of recognition, send one or more of his officers to the laboratory and obtain a report whether the laboratory—(a) has the necessary measuring equipment, testing facilities and buildings maintained in a proper condition; (b) has the necessary qualified staff, component to undertake the tests for recommending the approval of model of the concerned weight or measure; (c) is situated in an appropriate environment; (d) has an adequate recording system; (e) is likely to give expeditious, efficient and adequate service; and (f) is ready and willing to get its equipment verified periodically by such other appropriate laboratory, as may be specified by the Director; 2[(g) Whether they have the certificate issued by the National Accreditation Board of Laboratories (NABL) in the parameter/fields in which model test is proposed to be undertaken.] (4) The Director shall, after considering the information supplied to him by his officer, or officers referred in sub-rule (3) and if necessary, after a visit to the laboratory, shall issue to the applicant laboratory a certificate of recognition specifying therein the terms and conditions subject to which the recognition is granted, and the code number which has been assigned to the laboratory. (5) Where no application for the recognition of a laboratory has been made, or where such application having been made, has not been disposed of the Director may if he is satisfied that it is urgently necessary so to do issue, with the consent of the principal officer incharge of the laboratory a provisional certificate of recognition to a laboratory which, in the opinion of the Director, fulfils all the requirements of sub-rule (3) and the provisional certificate so issued shall be valid for one year. (6) The certificate of recognition granted to laboratory may be suspended by the Director in the event of the omission or failure on the part of the laboratory to observe the terms and conditions specified under sub-rule (4): Provided that no such suspension shall be made except after giving to the laboratory a reasonable opportunity of showing cause against the proposed action. (7) Where any certificate of recognition to a laboratory is suspended under sub-rule (6), the order of suspension shall not be vacated unless the omission of failure of compliance of terms and conditions for which such suspension was made has been made good. 3(8) The Director or his authorised officer may visit the laboratory as and when required and the Principal Officer will permit inspections and render all assistance for the purpose including the production of records with regard to model testing. [(9) The Principal Officer shall submit annually to the Director a report in respect of the models tested by them, the fee collected, time taken for each testing and such other relevant particulars. (10) The Principal Officer, while testing the models adopt such procedures as may be prescribed by the Director from time to time. (11) The certificate of recognition granted to a laboratory may be cancelled by the Director if the circumstances of the laboratory are such that it cannot be reasonably expected to function properly as a recognized laboratory or if there are sufficient reasons to suspect that the laboratory has been guilty of corrupt practices: Provided that no certificate of recognition shall be cancelled except after giving to the concerned laboratory a reasonable opportunity of showing cause against the proposed action.] ### 5. Application for the approval of models.— (1) An application for the approval of model shall be made to the Director and shall contain— 1 (a) the full name and address of the applicant or where the model is imported from other countries, the name and address of the manufacturer as well as the dealer in India. a brief description of the weight or measure, the class to which it belongs and the probable uses for which the weight or measure is intended to be produced; (c) data regarding metrological and technical characteristics and qualities of the weight or measure; (d) test procedure followed by the manufacturers; 1[(e) trade name or brand name and type of the weight or measure.] (2) Every application shall be accompanied by not less than two copies of—(a) a sketch and section-wise drawings of general arrangements and installation of such weight or measure including therein the details of construction of the weight or measure in such manner as to enable the visualisation of the weight or measure in its finished form, and; (b) a document describing the following, namely:—(i) the principles of construction and the method of operation of the weight or measure. (ii) the safety devices provided to prevent any fraudulent or inaccurate operation of the weight or measure; (iii) the manner in which and the extent to which the weight or measure may be adjusted or corrected; (iv) the place where the verification stamp or seal, or both, may be affixed; (v) plans of general arrangements and installations, drawings of the weight or measure and, where necessary detailed installation instructions; 1[(vi) two photographs of the model clearly indicating the mandatory declarations to be included as a part of the certificate of approval of the model;] 1[(vii) actual circuit diagram (for digital type); (viii) place/places on the instrument where the verification stamp or seal or both have to be applied to prevent fraudulent practices; (ix) copies of the user's manual, printed pamphlets and other literatures; (x) any other information which the applicant may consider to be useful for assessing the performance, and facilitating the approval of the model.] (3) If the weight or measure is provided with supplementary or additional devices, full information with regard to such supplementary or additional devices, such as, drawing, description in relation to the said weight or measure, shall also be given along with the application. ### 6. Submission of models of weight or measure.— (1) Every person, who submits any model of weight or measure for approval (hereinafter in this rule referred to as, the applicant), shall deposit to the credit of the recognised laboratory, a fee determined at the rate specified by the Director from time to time, subject to the maximum prescribed under the Act. (1A) All the documents referred to in rule 5 shall be sent by the Director to the recognized laboratory which carries out the tests for the approval of the model, to enable the laboratory to ascertain whether such documents conform to the details of the results of the tests carried out by it for the approval of that model.] 2[\\\] 1[(5) Where the nature of weight or measure is such that due to its voluminous nature it cannot be submitted to the laboratory for testing, the recognized laboratory may undertake the testing of such model at such place as it may deem fit: Provided that, where the test is undertaken at any premises other than those of a recognized laboratory, the applicant shall pay for the duration of such test, the travelling and daily allowances of the persons deputed for such tests and such allowances shall be payable at such rates as may be admissible to such persons in accordance with the rules in force in the recognised laboratory]. (6) The applicant shall provide such facilities as may be required by the team of persons deputed by the recognised laboratory for the purpose of carrying out the necessary tests for the approval of the model. (7) The installation, tests and removal of the model shall be done at the cost and risk of the applicant. (8) The Central Government and the recognised laboratory shall not be responsible for any loss or damage that the model may sustain during the course of examination and testing. (9) Where any model submitted to a recognised laboratory for approval is not removed by the applicant after the expiry of six months from the date on which a certificate of approval was granted or refused in relation to such model, such model shall become forfeited to the Central Government, and that Government shall dispose of the model in such manner as it may think fit. 3[(10) The Director may, if he is satisfied that the test for the approval of any model is likely to take more than three months and on receipt of satisfactory perliminary test reports from the laboratory, issue subject to such conditions as may be specified in the certificate, a provisional certificate to such conditions as may be specified in the certificate, a provisional certificate to enable the manufacturer, to manufacture at his own risk the weight or measure in relation to which the mdoel has been submitted for approval: Provided that manufacture, distribution or sale of such instrument shall be discontinued immediately when the provisional model approval certificate has been withdrawn by the Director: Provided further that in case the tested model does not meet the requirements of the model approval test, all instruments covered by the provisional certificate and sold in the market shall be withdrawn with immediate effect at the manufacturer's cost.] ### 7. Tests for the approval of model.— (1) The tests needed for the assessment of the fitness or otherwise of a model submitted for approval shall be carried out under the normal conditions of use, whether actual or simulated, of the weight or measure and shall be made with a view to—(a) ascertaining whether such model conforms to the standards established, in relation to such model, by or under the Act 1[and the rules or to the recommendations of the International Organisation of Legal Metrology (OIML)]; (b) finding out the ability of such model to maintain accuracy and other metrological characteristics and qualities after it has been put to use for such minimum number of times or over such minimum period as the Director, may, by general order, specify in relation to the class of weight or measure to which the model pertains; (c) determining the performance of such model under varied conditions of use; (d) determining the metrological and technical characteristics of the model after taking into account the possible incidence of influence factors and their effect on metrological and technical characteristics; 2(e) determining whether the place or place of sealing on the instrument suggested by the manufacturer is sufficient to prevent their fraudulent use; [(f) determining generally, the behaviour of the model, that is to say, its robustness reliability and susceptibility to fraudulent use:] Provided that, in the case of a weight or measure which is required to possess any special metrological or technical characteristics or behaviour, the assessment as to the fitness for approval or otherwise of the model of such weight or measure shall be made after carrying out such special tests as may be necessary for determining the existence or otherwise of the required metrological or technical characteristics or behaviour. (2) Every model shall be tested in accordance with such test procedure as may be laid down by the Director in relation to the class of weight or measure to which such model pertains: Provided that until the test procedure is laid down by the Director in relation to any class of weight or measure, the test of any model pertaining to such class of weight or measure shall be carried out in accordance with such procedure as would, in the opinion of the recognised laboratory, enable it to recommend the grant of certificate of approval in relation to such model. ### 8. Procedure for the issue of certificate of approval.— (1) After the completion of the tests, the recognised laboratory shall send a report of its findings to the Director with its recommendations whether the model satisfies the requirements of the Act and the rules made thereunder. (2) The recognised laboratory may, in an appropriate case, recommend that the approval may be accorded provisionally to enable it to conduct detailed tests and, where, in pursuance of such recommendation, provisional approval is granted, tests may be carried out on such number of instruments under such conditions of installation and use, as may be specified by the Director, and such tests may also be continued, where the recognised laboratory thinks fit so to do, in the place of use of the weight or measure, and the tests at such place of use shall be detailed ones and of such duration and carried out on such number of weights or measures as may be specified by the Director. 1[(2A) The Director may require the recognised laboratory to send to him the detailed test procedure adopted by that laboratory in approving the concerned model.] (3) On examination of report made by the recognised laboratory, the Director shall, where he is of opinion that no further test is required to be carried out, submit the report to the Central Government and where he is of opinion that further tests are required, remit the report back to the recognised laboratory for carrying out such further tests; and thereupon the recognised laboratory shall, after carrying out further tests, submit a report to the Director. (4) Where, after consideration of the report of the recognised laboratory, the Director is of opinion that a certificate of approval in relation to that model should be issued, it shall recommend to the Central Government the issue of the certificate and shall also forward to that Government a copy of the report submitted to it by the recognised laboratory. (5) The Central Government may, if the issue of a certificate, or provisional certificate, of approval has been recommended by the Director, issue such certificate and authorise the Director to authenticate the certificate for and on behalf of the Central Government. (6) No provisional certificate issued under sub-rule (5) shall remain valid for a period exceeding one year from the date of its issue: Provided that the Central Government may, if it is satisfied, on the recommendation of the recognised laboratory, it is necessary in the public interest so to do extend the period of validity of a provisional certificate for such period as it may think fit: Provided further that the Central Government may also, on an application made to it by the concerned manufacturer, extend the period of validity of the provisional certificate for such further period as it may think fit if it is satisfied that the recognised laboratory, having failed to complete the tests before the expiry of the period of validity of the provisional certificate, has unreasonably omitted to recommend the extension of such period. (7) A code number shall be assigned to each approved model and the code number so assigned shall be indicated in the certificate, or provisional certificate of approval, as the case may be. ### 9. Procedure where issue of certificate of approval is not recommended.— Where the recognised laboratory does not recommend the issue of a certificate of approval in relation to any model, it shall specify its reasons therefor to the Director who shall communicate such reasons to the applicant with such directions as he may think fit and thereupon the applicant may make a representation to the Director to the effect that the issue of the certificate of approval should have been recommended by the recognised laboratory and on considering such representation, the Director may either reject it or recommend to the Central Government the issue of certificate of approval. ### 10. Re-submission of disapproved model for approval.— (1) Where any model is not approved, the disapproved model may be re-submitted for approval after carrying out therein such modifications as may be necessary. (2) Where any disapproved model is resubmitted for approval, it shall be deemed, for the purposes of levy of fees and tests under these rules, to be a fresh application for the approval of that model. ### 11. Contents of a certificate of approval.— (1) The certificate of approval shall also contain the following information, namely:—(a) the number of the certificate; (b) a brief description of the model; (c) the mark assigned to the approved model; (d) the category of the weight or measure; (e) a brief statement of the results of the tests; (f) the special conditions, if any, to be complied with for the manufacture, verification and use of weights or measures conforming to the model; 1[(g) the place or places where the verification seal or stamp or both may be affixed.] (2) The certificate of approval shall become effective on and from the date of its publication in the Official Gazette. (3) Where any weight or measure is intended for a special use the certificate of approval in relation to such weight or measure shall indicate the special use. 1(4) The Director shall cause the necessary model certificate to be published in the Official Gazette. [(5) The Director may also cause the information referred to in the forgoing sub-rules to be published in the journal, if any, published by the Central Government.] ### 12. Mark of approval.— (1) The mark assigned to the model shall contain the national identification letters, namely, IND, the last two digits of the year of the issue (for example, 77) the code number assigned to the laboratory and the code number assigned to the model. (2) The mark assigned to the approved model shall be clearly and legibly affixed at such place of the model as may be specified in the certificate of approval and also on each weight or measure produced by the maker or manufacturer in accordance with the approved model: Provided that if the approved model of the weight or measure conforming to such model is such that the mark assigned to the approved model cannot be affixed on it (for example, where it is fragile or too small) that mark may be associated with the conditions specified in the certificate of approval: Provided further that, where the approval is of a limited character, the mark of approval shall be accompanied by a special mark indicating the limitations of the approval and different special marks may be made for different limitations. ### 1. [\\\] ### 14. Revocation of certificate of approval.— (1) A certificate of approval may be revoked if the Central Government is satisfied that—(a) the model which had been previously approved no longer complies with the units specified in the rules made under the Act, or (b) the model has ceased to conform to the standards for the time being in force in relation to such model, or (c) defects in regards to reliability, accuracy or performance have generally been noticed in the course of use of the products (weights or measures) manufactured in accordance with such model, or (d) where the manufacturer does not follow, either wholly or partly, the conditions specified in the certificate of approval; 1[(e) where the manufacturer or any other person has significantly altered the approved design of the model or the circuit diagram.] Provided that no such certificate shall be revoked unless the holder of such certificate has been given a reasonable opportunity of showing cause against the proposed action. (2) Where the certificate of approval of any model has been revoked, the production of any weight or measure in accordance with such model shall be stopped on and from such date as may be specified in such order of revocation and every weight or measure made or manufactured at any time between the date of revocation and the specified date shall, notwithstanding such revocation be subject to verification in accordance with the provisions of the Act and the rules in force on the date of such revocation: Provided that where, on such verification, it is found that the use of any such weight or measure is likely to cause errors, beyond those permitted for such weight or measure, in any weighment or measurement carried out with it, the Director may by order, prohibit the use of such weight or measure. ### 15. Suspension of certificate of approval.— (1) A certificate of approval of a model may be suspended by the Director in the event of the omission or failure on the part of the holder of such certificate; (i) to make or manufacture weights or measures in accordance with the model to which the certificate relates or (ii) to conform to the rules or standards in relation to any weight or measure manufactured in accordance with the model, or (iii) to comply with the conditions specified in the certificate of approval: Provided that no such suspension shall be made except after giving to the holder of the certificate a reasonable opportunity of showing cause against the proposed action. (2) Where any certificate of approval has been suspended under sub-rule (1), the order of suspension shall not be vacated unless the omission of failure for which such suspension was made has been made good. 1[(3) Where the certificate of approval has been suspended under sub-rule (1), an inventory of the existing stock shall be made by the Controller of Legal Metrology of the Concerned State. He will also ensure that no further sale will be made unless the suspension of the certificate of approval is revoked by the Director.] ### 16. Revocation and suspension of certificate to be published.— Every order of revocation or suspension of certificate of approval shall be published, as far as may be, in the manner specified in 1[rule 11]. ### 17. Deposit of model or its drawings.— ### 1. \\\* The Director may call for any weight or measure the model of which has been approved or any of its component, or its dummy, where he is of the opinion that it is necessary so to do in the public interest. (3) The approved models, parts, drawings or dummies, submitted in accordance with sub-rules (1) and (2) shall be preserved for purpose of record and reference and shall not be open to inspection by the public. ### 1. [\\\] ### 19. Provisions relating to weight or measure for which model approval is ordinarily not necessary.— (1) For the purpose of testing the model of any weight or measure, acquired under sub-section (2) of section 36, the officer acquiring such weight or measure shall intimate to the Director the need for the testing of the model of such weight or measure, and, on receipt of such intimation the Director shall, if he is satisfied that the model of such weight or measure needs testing, call upon the manufacturer to produce such model for a test by the recognised laboratory specified by him: Provided that where there is no model of the weight or measure so acquired, it shall be the duty of the manufacturer to furnish, from the manufacturing line, one sample of the class of weight or measure and to produce such sample for test by the recognised laboratory specified by the Director. (2) The recognised laboratory shall, as soon as may be practicable after carrying out the tests referred to in sub-rule (1), make a report to the Director as to the results of such test. (3) If, on persual of the results of such test, the Director is satisfied that the model or sample, as the case may be, does not conform to the standards established by or under the Act, he shall call upon the manufacturer to remove the deficiencies within such time as may be specified by him; and if the deficiencies are not removed within the time so specified, the licence of the manufacturer, in so far as it relates to the manufacture for the weight or measure, the model or sample of which was tested, shall be liable to be cancelled. ### 20. Provisions relating to testing of substitute materials.— (1) A substitute material referred to in sub-section (10) of section 36, shall be sent by the manufacturer, within seven days from the date on which the first commences to manufacture with the substitute material, to the Director who shall cause it to be forwarded to a recognised appropriate laboratory for approval. (2) Where the substitute material is sent to a recognised laboratory for test, such laboratory shall conduct the necessary test and determine whether the use of the substitute material would serve the purpose for which the model was approved and in case the recognised laboratory is of the opinion that the substitute material is not suitable it shall act in the manner specified in sub-section (11) of section 36. (3) The recognised laboratory shall forward its findings to the Central Government through the Director. 1[Fees for testing the substitute material shall be payable by the manufacturer at such rates as may be specified by the Director from time to time.] The Standards of Weights and Measures (Approval of Models) Rules, 1987 1[ \] ---------------------- 1. The First Schedule omitted by G.S.R. 492 (E) , dated 24th May, 2000 (w.e.f. 8-8-2000). ---------------------- The Standards of Weights and Measures (Approval of Models) Rules, 1987 1[** \] ---------------------- 1. Second Schedule omitted by G.S.R. 492 (E) , dated 24th May, 2000 (w.e.f. 8-8-2000). ---------------------- The Standards of Weights and Measures (Approval of Models) Rules, 1987 1[\\\] ---------------------- 1. Third Schedule omitted by G.S.R. 492 (E), dated 24th May, 2000 (w.e.f. 8-8-2000). ----------------------
65b93758ab84c7eca86e8a03	acts	State of Odisha - Act ----------------------- The Orissa Cargo Boats (Licensing and Regulation) Rules, 1960 --------------------------------------------------------------- ODISHA India The Orissa Cargo Boats (Licensing and Regulation) Rules, 1960 =============================================================== Rule THE-ORISSA-CARGO-BOATS-LICENSING-AND-REGULATION-RULES-1960 of 1960 ------------------------------------------------------------------------- * Published on 29 August 1960 * Commenced on 29 August 1960 The Orissa Cargo Boats (Licensing and Regulation) Rules, 1960 Published vide Notification No. 9475-2P-139/60-Com., dated 29th August, 1960 Published vide Orissa Gazette No. 38 of 1960, and came into force w.e.f. 18.8.1950. Notification No. 9475-IIP-139/60-Com., dated the 29th August, 1960. - In exercise of the powers conferred by Clause (k) of Sub-section (1) of Section 6 of the Indian Ports Act, 1908 (XV of 1908), and in supersession of the rules issued under the Government of Orissa, Law and Commerce Department, Notification No. 4963-IIP 35-Com., dated the 5th June, 1937, the State Government do hereby make the following rules for licensing and regulation of cargo boats with retrospective effect from the 18th August, 1950, the same having been previously published as required by Sub-section (2) of the said section at the said Act, namely : ### 1. Definitions. - In these rules, unless there is anything repugnant in the subject or context- (a) "Conservator" means the Port Officer of the Orissa Ports; (b) "Port" means the Dharma (Chandbali) Port, the limits of which are defined in Notification No. 1652-IVP-12 Com., dated the 9th June, 1931; (c) "Harbour limits" means that portion of the Baitarani river, which is included between the telegraph line crossing the river one mile above Guire Point and the tide gauge in Harripur Reach situated 1½ miles below "Love Point"; ### 2. In these rules, cargo boat includes the following two classes : Class I-Barges of flats constructed of iron or wood, ship shape and straight keel. Class II-Open country boats usually called Malangees of Pariosal Kathuas. ### 3. Licensing of cargo boats. (1) No cargo boat shall ply, whether for hire or not, or whether regularly or occasionally within or partly within and partly without the limits of the Port of Dharma (Chandbali)- (a) unless it has been granted a licence in the form prescribed in Appendix V to these rules and such licence is still in force; (b) unless the letter "D" followed by the number specified in the licence is painted on both sides of the boat in white figures not less than twelve inches in length. (2) No number or mark of any kind shall be painted or affixed on any cargo boat in proximity to the number of the licence. ### 4. Application for the licensing of cargo boats. (1) Every application for the licensing of a Class I cargo boat shall be made in writing to the Conservator and shall be signed by the owner, and shall state the residence of the owner, the name of the tindal in charge, the number of the crew and the description and tonnags of the boat. If the residence of the owner is not in the port, the name and residence of an agent in the port, duly authorised to act for him as regards the licensing of the boat, shall be stated by the owner. If the cargo boat has been previously licensed its previous number shall be stated. (2) The applicant shall produce the cargo boat at such time and place as the Conservator shall direct. ### 5. Conditions of licence for cargo boat. - No licence shall be granted in respect of any cargo boat until such has been surveyed by the Conservator or an officer acting on his behalf and he has satisfied himself that the following conditions are fulfilled namely : (a) that the cargo boat is in good order and is suitable for the conveyance of cargo within or partly within-and partly without the port limits; (b) that the tonnage of such boat is ascertained in the manner prescribed in Appendix II to these rules; (c) that the number of the crew required for safe navigation of such boat is according to the scale prescribed in Appendix I to these rules; (d) that such boat is provided with adequate appliances for the pumping at bailing out or otherwise getting rid at bilge water and with serviceable ground, tackle and other equipment necessary for safe navigation; (e) that in the case of Class I cargo boats- (i) the free-board of the boat, when fully loaded is ascertained in the manner prescribed in Appendix III to these rules; (ii) the boat is fitted with a caboose or fire-place in a suitable position. ### 6. Issue of licence for cargo boat. - If the conditions enumerated in Rule 5 are satisfied, and on payment of fees in accordance with, the schedules of charges prescribed in Appendix IV to these rules the Conservator shall- (a) issue to the owner a licence in duplicate, which shall contain the particulars of the cargo boat and the name of the tindal in charge and shall otherwise be in the form prescribed in Appendix V to these rules. In case of Class II cargo boats licences need only be issued in original; (b) cause the necessary particulars relating to the boat to be entered in the register of cargo boats; (c) cause to be painted, on both sides of the cargo boats, the number assigned by the licence to such boat proceeded by the letter "D" in white figures not less than 12 inches in length; (d) in the case at Class I cargo boats cause to be cut in the middle of the boat a conspicuous mark indicating the free-board or the greatest depth to which he may be immersed when loaded. ### 7. Licence to be in force for one year. - Every licence granted in respect of any cargo boat under these rules, shall, unless cancelled or suspended continue in force for one year only from the date of licence. ### 8. Application for renewal of licences for cargo boats. (1) Application for the renewal of a licence for a Class I cargo boat shall be made by the owner or his agent in writing to the Conservator. The Conservator may at his discretion before renewing the licence require the cargo boat to be produced for examination, and if he is of opinion that the vessel satisfies the conditions specified in Rule 5 shall grant a renewal licence for which a fee shall be payable in accordance with the scale prescribed by Appendix IV to these rules. (2) Application for the renewal of a licence for a Class II cargo boat shall be made in person by the owner or Majhi of the boat. (3) If the- owner, agent or Majhi fails to make application for the renewal of the licence for the cargo boat within two months from the date of expiry of the old licence, he shall be charged licence fees at double rate. ### 9. Licence issued to cargo boats to be on board and produced when demanded. - Every licensed cargo boat when plying shall have its licence on board and the licence shall be produced when required by any port official and shall be delivered up (in duplicate in case of Class I boats) on the expiration of other determination of the licence. ### 10. Unlicensed cargo boats. - If the manjhis of a cargo boat fail to produce their licence as aforesaid the boat may be treated as an unlicensed boat unless satisfactory explanation is given to the Conservator of the Port. ### 11. Transfer of licence for cargo boat and change of tindal's name on licence. (1) When the ownership of a cargo boat is transferred the cargo boat shall not ply within or partly within and partly without the port after such a transfer, unless or unit the licence has been registered in the name of the transferee. (2) Application for the transfer of the licence shall be made by the transferee in writing to the Conservator and that licence shall be reissued, with the necessary correction on payment of a fee in accordance with the scale prescribed in Appendix IV to these rules. (3) In the case of Class I cargo boats- (a) when the tidal of the boat is changed, the cargo boat shall not ply within or partly within and partly without the port unless or until the necessary corrections have been made on the licence held by the owner and the tindal and in the register maintained by the Conservator;. (b) application for the change of the tindal's name on the licence shall be made by the owner or the tindal in writing to the Conservator and the licence shall be reissued after the necessary corrections, on payment of the fee prescribed in Appendix IV to these rules. ### 12. Fresh number to be Painted on a licence when defaced. - If during the continuance of a licence the number of a licensed cargo boat becomes so defaced as to be illegible, the Conservator shall cause a fresh number to be painted, for which a fee shall be payable in accordance with the scale prescribed by Appendix IV to these rules. ### 13. Defects in cargo boats and their remedy. - if the Conservator is satisfied that a licensed cargo boat has become detective in any of the matters referred to in Clauses (a) , (b), (c) and (d) of Rule 5, he may order the owner or his agent to remedy such defects and thereupon such cargo boat shall cease to ply until such defects have been remedied. ### 14. Revocation of licence. - The Conservator may at any time revoke the licence granted in respect of any cargo boats if he is satisfied that such a boat is unseaworthy or unserviceable. ### 15. Suspension or cancellation of licence. - The Conservator may at any time suspend or cancel a licence for a breach by the owner of a cargo boat or the tindal in charge thereof of any of these rules, of any other rules, for the time being in force relating or applicable to cargo boats, or if the cargo boat has in his opinion become unfit for the conveyance of cargo. ### 16. Duplicate licence for a cargo boat. - If any subsisting licence granted in respect of a cargo boat is lost, the Conservator shall on the application of the owner or agent of such boat, issue a duplicate of the original licence for which a fee shall be payable in accordance with the scale prescribed by Appendix IV to these rules. ### 17. Cargo boat not to be loaded so as to submerge the mark indicating the load water line and not to ply without the prescribed number of crews. - The owner or his agent or the tindal in charge of any licensed cargo boat shall not permit such boat to be loaded so as to submerge the mark indicating the load water line, and shall not permit such boat to ply unless it is provided at all times, with the number of crew on boats in accordance with the scale prescribed by Appendix I to these rules. ### 18. Cargo boat when underway. - Cargo boats when underway within the port shall be either under sails or cars or in tow of a steamer in such manner as to enable them to be kept clear of moving vessels. ### 19. Action to be taken when accident occurs on board a cargo boat. - Whenever any accident causing serious hurt to any person or material damage to any property occurs on board of or by means of any cargo boats, the tindal in charge shall at once proceed to the nearest police-station and report the circumstances connected with accident to the officer-in-charge. If the accident occurs in the port he shall inform the Conservator also. ### 20. Pumping out of bilge water from a cargo boat. - AII bilge water shall be pumped or bailed out or otherwise got rid of from a cargo boat at least once a day. ### 21. Inspection of cargo boat. - Any cargo boat may at any reasonable time be inspected by the Conservator or any officer appointed on his behalf for the purpose of seeing that the provisions of these rules are duly observed. ### 22. Register of cargo boats. - The Conservator shall maintain a register of cargo boat and every owner or agent of a licensed boat. ### 23. In the above rules, Class I cargo boat, shall be subject to licence to ply within, or partly within and partly without, the port limits of Dharma (Chandbali) , and Class II boats shall be subject only to licence when plying within or partly within and partly without, the harbour limits of the port of Dharma (Chandbali) as defined in Rule 1 (c) of these rules. Appendix I Scale showing prescribed number of crew [Vide Rules 5 (c) and 17] Class I-Square built, open or decked For a boat not more than 15 tons burden-five men including Manjhi; Above 15 tons but not exceeding 20 tons-six men including Manjhi. Above 20 tons but not exceeding 25 tons-seven men including Manjhi. Above 25 tons but not exceeding tons-eight men including Manjhi. Above 30 tons but not exceeding 35 tons-nine men including Manjhi. Above 35 tons but not exceeding 40 tons-ten men including Manjhi. Above 40 tons-eleven men including Manjhi. Class II-Malangee, Katla or Kathua Boats For a boat more than 15 tons burden-four men including Manjhi Above 15 tons but not exceeding 20 tons-five men including Manjhi. Above 20 tons but not exceeding 30 tons-six men including Manjhi, Above 30 tons but not exceeding 35 tons-seven men including Manjhi. Above 35 tons-seven men including Manjhi : (a) Provided that when cargo boats are in tow of steam or motor tugs halt the above crew shall be considered sufficient: (b) Provided also that when cargo boats are laid up there shall be in charge of them sufficient crew to look after their ground tackle. The Conservator's decision in this matter shall be final. Appendix II Formula for ascertaining tonnage of cargo-boats [Vide Rule 5 (b) ] Class I-For square built open cargo boats which are of ship shape and with straight keel moved by oars or sails or towed Length-Measure the length from inside of steam to inside of stern port. Breadth-Breadth measurement for finding the tonnage should be inside measurement at the broadest part from skin-to-skin. Depth-Measure the depth from the top of main deck beam amidships to upper side of floor ceiling plank. Multiply the length and depth together and the product by 0.009. The result will be the tonnage. In the case of cargo boats registered in the United Kingdom the gross tonnage as registered will be accepted for the purpose of these rules in the case of specially constructed boats where it can be shown that the measurements made according to the above formula are inaccurate, special survey may be held. In the case of Class II boats the product of length, breadth and depth is to be multiplied by 0.064. The foregoing formula shall be used in measuring boats and flats of Class I, up to a burden of 50 tons, by the measurement or boats or flats of that Class exceeding 50 tons shall be made under the Merchant Shipping Act; provided that the Conservator may measure boats or flats of Class I of any size under the Merchant Shipping Act, when the owner shows that the measurements made according to the above formula are inaccurate or oppressive. Appendix III Scale for ascertaining free-board of cargo-boats [Vide Rule 5(a) ] The free-board of any square built open or decked cargo boat which is ordinarily moved by oars or sails shall be determined according to the following scale : Length of Boat-30 feet. Free Board Amidship-1 foot and 9 inches. For any additional foot or part thereof-an additional one-fourth inch. For the purpose of the above scale, boats shall be measured from the afterside of the steam post to the foreside of the stern post. The freeboard of any iron flat or other decked cargo boat which is never moved except under tow by a steam vessel shall be not less then two inches for every foot of the boat's depth with a minimum of 18 inches in the case of any boat over 50 tons. Appendix IV Scale of charges [Vide Rules 6, 8, 11, 12 and 16] ### 1. For surveying, registering, providing with a number, issuing or renewing licence to cargo boats-Re. 0-4-0 per ton, with a minimum charge of rupee one per boat. ### 2. Change of tindal's name on licence in the case of Class I cargo boats-Re.0.8-0 per ton with a minimum charge of rupee one per boat. ### 3. Transfer of ownership and licence-Re. 1-0-0 per ton with a minimum charge of rupee one per boat. ### 4. Issue of duplicate licence-Re. 1-0-0 per ton with a minimum charge of rupee one per boat. ### 5. Repainting the defaced or illegible number-Re.0-4-0 per ton with a minimum charge of rupee one per boat. Appendix V Licence of Cargo Boats [Vide Rule 3] ### 1. Serial No. of boat for the year 19..................... ### 2. Date of issue of licence..................... ### 3. Name and address of the owner of the boat.......................... ### 4. Name and address of the Tindal or Sukani of boat................... ### 5. Description and class of boat ..................... ### 6. Gross tonnage of boat ...................... ### 7. Number of cars.................... - ### 8. Number of Crews....................... ### 9. Appliances provided for pumping or bailing out bilage water.... ### 10. Free-board...................... ### 11. Date of expiry of licence.................... ### 12. Amount of licence money paid....................... Chandbali Port Office Conservator The.................20........ N.B.-This licence must be kept in the boat and produced on demand,
65ba600aab84c7eca86eb185	acts	State of Tamilnadu- Act ------------------------- Tamil Nadu Levy of Ryotwari Assessment on Freehold Lands Act, 1972 -------------------------------------------------------------------- TAMILNADU India Tamil Nadu Levy of Ryotwari Assessment on Freehold Lands Act, 1972 ==================================================================== Act 31 of 1973 ---------------- * Published on 2 September 1973 * Commenced on 2 September 1973 Tamil Nadu Levy of Ryotwari Assessment on Freehold Lands Act, 1972 (Tamil Nadu Act 31 of 1973 ) Statement of Objects and Reasons - Tamil Nadu Levy of Ryotwari Assessment on Free-hold Lands Act, 1972 (Tamil Nadu Act 31 of 1973 ). - Since the year 1859, certain lands are held free from demand of land revenue after payment of twenty times the annual assessment due on them or on concessional rate of assessment. These lands are called free-hold lands. These lands are only ryotwari lands with the difference that while the owners of other ryotwari lands are liable to pay the annual assessment fixed for-the land, the owners of free-hold lands are not liable to pay any assessment or are liable to pay concessional rate of assessment only. The free-holders are situated in almost all the districts in the State. Whatever may be the justification for the grant of these lands as freeholds in the past on the basis of some capitalisation of the assessment, there is not justification to permit the present owners of the land to hold the lands as free-holds indefinitely. The Government have, therefore, decided to abolish all free-holds in the State, so that these lands can come under the normal ryotwari pattern of paying annual revenue with cess, etc. 2. The Bill seeks to give effect to the above decision. Published in Part IV-Section 3, page 520 of the Tamil Nadu Government Gazette Extraordinary, dated the 4th December 1972. Received the assent of the President on the 2nd September 1973 and first published in Part IV-Section 4, page 261, of the Tamil Nadu Government Gazette Extraordinary, dated the 1st October 1973. An Act to provide for the levy of ryotwari assessment on freehold lands in the State of Tamil Nadu. Be it enacted by the Legislature of the State of Tamil Nadu in the Twenty-third Year of the Republic of India as follows: - ### 1. Short title, extent and commencement. (1) This Act may be called The Tamil Nadu Levy of Ryotwari Assessment on Free-hold Lands Act, 1972. (2) It extends to the whole of the State of Tamil Nadu. (3) It shall come into force on such date as the State Government may, I by notification, appoint. ### 2. Definitions. - In this Act, unless the context otherwise requires, - (a) "Assistant Settlement Officer" means an Assistant Settlement Officer appointed under section 5 and having jurisdiction; (b) "Director" means the Director of Settlements appointed under section 3; (c) "fasli year" means the year commencing on the 1st day of July; (d) "free-hold land" means any land held- (i) free from demand of land revenue, or (i) in respect of which land revenue or other tax in respect of such land has been assigned in favour of any religious institution of charitable endowment in lieu of cash allowance known as mohini allowance, and (ii) which is specified in Part II of the Schedule to this Act; (ii) subject to the payment of concessional land revenue, and specified in Part I of the Schedule to this Act, and includes any land, - (e) "Government" means the State Government; (f) "owner of free-hold land" includes his heirs, assignees, legal representatives or persons deriving rights through him; (g) "publication of this Act" means the publication of this Act in the Tamil Nadu Government Gazette; (h) "ryotwari assessment" means the assessment payable to the Government under sub-section (1) of section 9; (i) "Settlement Officer" means a Settlement Officer appointed under section 4 and having jurisdiction. ### 3. Appointment and functions of the Director of Settlements. (1) As soon as may be after the publication of this Act, the Government shall appoint a Director of Settlements to carry out survey and settlement operations in respect of all free-hold lands, to introduce ryotwari settlement therein, and to carry out the functions and duties assigned to him by or under this Act. (2) The Director shall be subordinate to the The Board of Revenue was abolished by the Tamil Nadu [Board of Revenue.] [Board of Revenue Abolition Act, 1980 (Tamil Nadu Act 36 of 1986).] ### 4. Appointment and function of Settlement Officers. (1) As soon as may be after the publication of this Act, the Government shall appoint one or more Settlement Officers to carry out the functions and duties assigned to them, by or under this Act. (2) Every Settlement Officer shall be subordinate to the Director and shall be guided by such lawful instructions as he may issue, from time to time, and the Director shall also have power to cancel or revise any of the orders, acts or proceedings of the Settlement Officer. ### 5. Appointment and functions of Assistant Settlement Officer. (1) As soon as may be, after the publication of this Act, the Government may appoint one or more Assistant Settlement Officers to carry out the functions and duties assigned to them by or under this Act. (2) Every Assistant Settlement Officer shall be subordinate to the Settlement Officer and shall be guided by such lawful instructions as he may issue, from time to time, and the Settlement Officer shall also have power to cancel or revise any of the orders, acts or proceedings of the Assistant Settlement Officer. ### 6. Powers of control of the The Board of Revenue was abolished by the [Board of Revenue.] [Tamil Nadu Board of Revenue Abolition Act, 1980 (Tamil Nadu Act 36 of 1986).] - The Board of Revenue1 shall have power - (a) to give effect to the provisions of this Act; (b) to issue instructions for the guidance of the Director, Settlement Officers and Assistant Settlement Officers. ### 7. Survey of lands. (1) Every free-hold land shall, if such land has not been surveyed in accordance with the provisions contained in the Tamil Nadu Survey and Boundaries Act, 1923 (Tamil Nadu Act VIII of 1923), be surveyed in accordance with the provisions of that Act. (2) If any land has already been surveyed under the Act referred to in subsection (1), such land may be re-surveyed and such re-survey may be limited to what is necessary for the ryotwari settlement of that land. (3) The cost of the survey or re-survey, except so much thereof as is payable by any person under the provisions of section 8 of the Tamil Nadu Survey and Boundaries Act, 1923 (Tamil Nadu Act VIII of 1923), shall be borne by the Government. ### 8. Manner of effecting ryotwari settlement. (1) The Settlement Officer shall, as soon as may be, after the publication of this Act, effect ryotwari settlement of every free-hold land in accordance with a settlement notification framed and published by the Government for the purpose. (2) The said notification shall embody the principles adopted in making ryotwari settlements in ryotwari areas and shall adopt- (a) the rates of assessment set out in the settlement or re-settlement notification in force on the date of the publication of this Act in the district in which the free-hold land is situated; "or (b) if more than one such notification is in force in that district, the rates set out in one of those notifications which the Government consider to be most appropriate to the case. (3) All rates of assessment imposed at a ryotwari settlement under this section shall be liable to revision, from time to time, as laid down in the settlement or re-settlement notification referred to in sub-sections (1) and (2). (4) Any settlement notification published under sub-section (1) shall have effect in supersession of any settlement or re-settlement notification, any, already in force in respect of the free-hold land concerned. (5) Neither such settlement notification nor any order passed in pursuance thereof shall be liable to be questioned in any Court of law. ### 9. Owner of free-hold land liable to pay land revenue to Government. (1) Every owner of free-hold land shall, for the fasli year commencing on the 1st day of July 1972 and for each subsequent fasli year, be liable to pay to Government in respect of his free-hold land the assessment under the ryotwari settlement effected under this Act. (2) The ryotwari assessment payable under sub-section (1) shall be deemed to be public revenue due on land within the meaning of the Tamil Nadu Revenue Recovery Act, 1864 (Tamil Nadu Act II of 1864) and shall be recoverable under the provisions of that Act. ### 10. Decision of certain disputes. (1) If any person disputes - (i) his liability to pay the ryotwari assessment under this Act; or (ii) the application in respect of his land, of a particular rate of ryotwari assessment imposed as a ryotwari settlement under section 8, the Settlement Officer shall decide such dispute. (2) From every decision of the Settlement Officer under sub-section (1), an appeal shall, within such time as may be prescribed, lie to the Director. Explanation. - Nothing in this section shall be construed as conferring any right on any person to dispute the rates of ryotwari assessment imposed at a ryotwari settlement under section 8. ### 11. Power of revision by The Board of Revenue was abolished by the [Board of Revenue.] [Tamil Nadu Board of Revenue Abolition Act, 1980 (Tamil Nadu Act 36 of 1980).] (1) The The Board of Revenue was abolished by the [Board of Revenue] [Tamil Nadu Board of Revenue Abolition Act, 1980 (Tamil Nadu Act 36 of 1980).] may - (i) on its own motion call for and examine the records of any proceeding under this Act; or (ii) on application made by the owner of free-hold land in this behalf, call for and examine the records of any proceeding under this Act not being a proceeding in respect of which an appeal lies to the Director under sub-section (2) of section 10, to satisfy itself as to the regularity of such proceeding or the correctness, legality or propriety of any decision or order passed therein, and if, in any case, it appears to the [Board of Revenue] [The Board of Revenue was abolished by the Tamil Nadu Board of Revenue Abolition Act, 1980 (Tamil Nadu Act 36 of 1980).] that any such decision or order should be modified, annulled, reversed or remitted for reconsideration, it may pass orders accordingly: Provided that the [Board of Revenue] [The Board of Revenue was abolished by the Tamil Nadu Board of Revenue Abolition Act, 1980 (Tamil Nadu Act 36 of 1980).] shall not pass any order under this section prejudicial to any party unless he has had a reasonable opportunity of making his representation. (2) The [Board of Revenue] [The Board of Revenue was abolished by the Tamil Nadu Board of Revenue Abolition Act, 1980 (Tamil Nadu Act 36 of 1980).] may stay the execution of any such decision or order pending the exercise of its powers under sub-section (1) in respect thereof. (3) Every application to the The Board of Revenue was abolished by the [Board of Revenue] [Tamil Nadu Board of Revenue Abolition Act, 1980 (Tamil Nadu Act 36 of 1980).] for the exercise of its powers under this section shall be preferred within the prescribed period: Provided that the [Board of Revenue] [The Board of Revenue was abolished by the Tamil Nadu Board of Revenue Abolition Act, 1980 (Tamil Nadu Act 36 of 1980).] may in its discretion allow further time not exceeding one month for the filing of any such application if it is satisfied that the applicant had sufficient cause for not preferring the application within the prescribed period. ### 12. Computation of period of limitation. - In computing the period of limitation prescribed for an appeal or revision against any decision or order under this Act, the time required for obtaining the certified copy of the decision or order shall be excluded. ### 13. Power of [Board of Revenue,] [The Board of Revenue was abolished by the Tamil Nadu Board of Revenue Abolition Act, 1980 (Tamil Nadu Act 36 of 1980).] Director, Settlement Officer and Assistant Settlement Officer to rectify bona fide mistakes and clerical errors. - The Board of Revenue, the Director, the Settlement Officer or the Assistant Settlement Officer may, either on its or his own motion or on the application of any person,- (a) if it or he is satisfied that a bona fide mistake has been made in regard to any decision or proceeding under this Act, make or cause to be made the necessary correction therein; (b) at any time correct or cause to be corrected any clerical or arithmetical mistake in any such decision or proceeding. ### 14. Power to take evidence on oath, etc. - The [Board of Revenue,] [The Board of Revenue was abolished by the Tamil Nadu Board of Revenue Abolition Act, 1980 (Tamil Nadu Act 36 of 1980).] the Director, the Settlement Officer, the Assistant Settlement Officer or any other officer empowered under this Act shall, for the purposes of this Act, have the same powers as are vested in a Court under the Code of Civil Procedure, 1908 (Central Act V of 1908) when trying a suit in respect of the following matters, namely:- (a) enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of documents; (c) receiving evidence on affidavit; (d) issuing commissions for the examination of witnesses; and any proceeding before the [Board of Revenue] [The Board of Revenue was abolished by the Tamil Nadu Board of Revenue Abolition Act, 1980 (Tamil Nadu Act 36 of 1980).] , the Director, the Settlement Officer, the Assistant Settlement Officer or any other officer empowered under this Act shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228, and for the purposes of section 196 of the Indian Penal Code (Central Act XLV of 1860). ### 15. Power of Government to issue orders and directions. - The Government may issue such orders and directions of a general character, as they may consider necessary in respect of any matter relating to the powers and duties of the Board of Revenue, the Director, the Settlement Officers and the Assistant Settlement Officers. The authority or officer referred to above shall give effect to all such orders and directions. ### 16. Delegation of powers. - The Government may, by notification, direct that any power or function exercisable by the Settlement Officer under this Act or the rules made thereunder shall, in relation to such matters and subject to such conditions as may be specified in such notifications, be exercisable also by the Assistant Settlement Officer or such other officer subordinate to the Government as may be specified in such notification. ### 17. Bar of suits in Civil Courts. (1) No suit shall lie in any Civil Court to set aside or modify any ryotwari assessment made under this Act. (2) Except as otherwise provided in this Act, the decision of any authority or officer under this Act shall be final and no Civil Court shall have jurisdiction to decide or deal with any question which by or under this Act is required to be decided or dealt with by the authorities or officers under this Act. ### 18. Indemnity. - No suit, prosecution or other legal proceeding shall He against the Government, the [Board of Revenue,] [The Board of Revenue was abolished by the Tamil Nadu Board of Revenue Abolition Act, 1980 (Tamil Nadu Act 36 of 1980).] the Director, the Settlement Officer, the Assistant Settlement Officer or any other officer empowered under this Act for anything which is in good faith done or intended to be done in pursuance of this Act or any rule or order made thereunder. ### 19. Power to enter upon land. - The [Board of Revenue] [The Board of Revenue was abolished by the Tamil Nadu Board of Revenue Abolition Act, 1980 (Tamil Nadu Act 36 of 1980).] , the Director, the Settlement Officer or any of the subordinate of such officers may enter upon any land with such other officers and persons as it or he considers necessary and make a survey and take measurements thereof or do any other act which it or he considers necessary for carrying out the purposes of this Act. ### 20. Power to make rules. (1) The Government may make rules to carry out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for- (a) all matters expressly required or allowed by this Act to be prescribed; (b) the form of appeal and application for revision under this Act; (c) the procedure to be followed by the [Board of Revenue ,] [The Board of Revenue was abolished by the Tamil Nadu Board of Revenue Abolition Act, 1980 (Tamil Nadu Act 36 of 1980).] the Director, the Settlement Officer and the Assistant Settlement Officer when exercising the powers under this Act; (d) the fees payable in respect of applications and appeals under this Act; (e) determining the kist or instalments in which the ryotwari assessment is payable and the dates on which such kist or instalments shall be due. ### 21. Power to include new entries or correct the entries in the Schedule. (1) The Government may, by notification from time to time, include in the Schedule any free-hold land. (2) Where the entries relating to the revenue number or other particulars relating to a free-hold land specified in the Schedule are found to be either incomplete or incorrect, with reference to the corresponding entries in the revenue registers, the Government may, by notification from time to time, amend suitably the relevant entries. (3) All references made in this Act to the Schedule shall be construed as relating to the said Schedule as for the time being amended in exercise of the powers conferred by this section. ### 22. Rules and notifications to be placed before the Legislature. (1) All rules made under this Act and all notifications issued under section 21 shall be published in the Tamil Nadu Government Gazette, and, unless they are expressed to come into force on a particular day, shall come into force on the day on which they are so published. (2) Every rule made under this Act and every notification issued under section 21, shall, as soon as possible after it is made or issued, be placed on the table of [the Legislative Assembly] [Substituted for the expression 'both Houses of Legislature' by paragraph 3(2) of the Tamil Nadu Adaptation of Laws Order, 1987.] , and if, before the expiry of the session in which it is so placed or the next session,[the Legislative Assembly agrees] [Substituted for the expression 'both Houses agree' by paragraph 3(2) of the Tamil Nadu Adaptation of Laws Order, 1987.] in making any modification in any such rule or notification or [the Legislative Assembly agrees] [Substituted for the expression 'both Houses agree' by paragraph 3(2) of the Tamil Nadu Adaptation of Laws Order, 1987.] that the rule or notification should not be made or issued, the rule or notification shall, thereafter, have effect only in such modified form or be of no effect as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or notification. ### 23. Act to override contract, grant, etc. - The provisions of this Act shall have effect notwithstanding anything contained in any engagement, contract, grant, order or any law for the time being in force and any provision in any such engagement, contract, grant, order or law, by virtue of which the owner of freehold is not liable to pay to the Government any land revenue or other tax shall be deemed to have become inoperative, with effect from the 1st of July 1972. ### 24. Act not to affect liability of the owner of free-hold land to pay other taxes. - Nothing in this Act shall be deemed to affect the liability of the owner of free-hold land to pay any tax (including local cess or local cess surcharge) leviable under any law for the time being in force. Schedule ---------- [See section 2(d) and 21] Part I – {\| ------------- \|- \| District \| Taluk \| Village \| SI. No. \| Survey number \| \| Extent \| \|- \| (1) \| (2) \| (3) \| (4) \| (5) \| \| (6) \| \|- \| Dharmapuri \| Denkanikottai Sub-taluk. \| No. 84 Bottanugalalam \| \| 280 \| \| A. \| C. \| \|- \| \| \| \| \| \| Total \| 205 \| 34 \| \|- \| Coirabalore \| Pollachi \| Anaimalai Hills village \| 1 \| 2A \| \| 58 \| 35 \| \|- \| \| \| \| 2 \| 10A \| \| 50 \| 03 \| \|- \| \| \| \| 3 \| 5A \| \| 279 \| 60 \| \|- \| \| \| \| 4 \| 8A \| \| 472 \| 66 \| \|- \| \| \| \| 5 \| 6A1A \| \| 1,084 \| 40 \| \|- \| \| \| \| \| \| Total \| 1,945 \| 40 \| \|- \| Madurai \| Kodaikanal \| Kodaikanal \| 1 \| ISA \| \| 1 \| 10 \| \|- \| \| \| \| 2 \| 18B \| \| 3 \| 21 \| \|- \| \| \| \| 3 \| 337 \| \| 7 \| 42 \| \|- \| \| \| \| 4 \| 2 \| \| 1 \| 51 \| \|- \| \| \| \| 5 \| 5 \| \| 3 \| 82 \| \|- \| \| \| \| 6 \| 7 \| \| 6 \| 20 \| \|- \| \| \| \| 7 \| 8 \| \| 3 \| 07 \| \|- \| \| \| \| 8 \| 9 \| \| 9 \| 25 \| \|- \| \| \| \| 9 \| 10 \| \| 8 \| 46 \| \|- \| \| \| \| 10 \| 11-A1 \| \| 5 \| 09 \| \|- \| \| \| \| 11 \| 11-A3 \| \| 0 \| 27 \| \|- \| \| \| \| 12 \| 11-C2 \| \| 0 \| 29 \| \|- \| \| \| \| 13 \| 13-1 \| \| 0 \| 32 \| \|- \| \| \| \| \| 2 \| \| 0 \| 11 \| \|- \| \| \| \| 14 \| \| \| 0 \| 65 \| \|- \| \| \| \| 15 \| \| \| 4 \| 52 \| \|- \| \| \| \| 16 \| \| \| 6 \| 99 \| \|- \| \| \| \| 17 \| 31-2 \| \| 1 \| 08 \| \|- \| \| \| \| \| 3A \| \| 4 \| 32 \| \|- \| \| \| \| \| 3B \| \| 3 \| 91 \| \|- \| \| \| \| \| 3C \| \| 0 \| 21 \| \|- \| \| \| \| 18 \| 32 \| \| 10 \| 15 \| \|- \| \| \| \| 19 \| 33 \| \| 8 \| 26 \| \|- \| \| \| \| 20 \| 34-1 A \| \| 0 \| 61 \| \|- \| \| \| \| \| 1-B \| \| 0 \| 11 \| \|- \| \| \| \| \| 2 \| \| 4 \| 19 \| \|- \| Madurai \| Kodaikanal \| Kodaikanal \| 21 \| 3 \| \| 1 \| 30 \| \|- \| \| \| \| \| 35 \| \| 9 \| 39 \| \|- \| \| \| \| 22 \| 56 \| \| 8 \| 31 \| \|- \| \| \| \| 23 \| 37-A1 \| \| 0 \| 69 \| \|- \| \| \| \| \| A2 \| \| 0 \| 01 \| \|- \| \| \| \| \| C \| \| 4 \| 54 \| \|- \| \| \| \| 24 \| 38-A \| \| 0 \| 02 \| \|- \| \| \| \| \| 38-B1 \| \| 2 \| 19 \| \|- \| \| \| \| \| B2 \| \| 0 \| 50 \| \|- \| \| \| \| \| B3 \| \| 0 \| 24 \| \|- \| \| \| \| \| B4 \| \| 0 \| 43 \| \|- \| \| \| \| \| B5 \| \| 0 \| 74 \| \|- \| \| \| \| 26 \| 40-1 A \| \| 1 \| 22 \| \|- \| \| \| \| 27 \| 54 \| \| 0 \| 59 \| \|- \| \| \| \| 28 \| 55 \| \| 7 \| 30 \| \|- \| \| \| \| 29 \| 56-A \| \| 6 \| 47 \| \|- \| \| \| \| 30 \| 56-C \| \| 0 \| 57 \| \|- \| \| \| \| \| D \| \| 1 \| 67 \| \|- \| \| \| \| 31 \| 57 \| \| 6 \| 49 \| \|- \| \| \| \| 32 \| 58-A \| \| 0 \| 32 \| \|- \| \| \| \| \| B \| \| 6 \| 62 \| \|- \| \| \| \| 33 \| 59-A \| \| 1 \| 96 \| \|- \| \| \| \| \| B1 \| \| 6 \| 39 \| \|- \| \| \| \| \| B3 \| \| 0 \| 91 \| \|- \| \| \| \| 34 \| 60 \| \| 3 \| 07 \| \|- \| \| \| \| 35 \| 61 \| \| 7 \| 26 \| \|- \| \| \| \| 36 \| 62-A1 \| \| 0 \| 31 \| \|- \| \| \| \| 37 \| 20-A \| \| 0 \| 81 \| \|- \| \| \| \| \| C \| \| 2 \| 40 \| \|- \| \| \| \| \| E \| \| 4 \| 20 \| \|- \| \| \| \| 38 \| 23 \| \| 9 \| 65 \| \|- \| \| \| \| 39 \| 24 \| \| 1 \| 54 \| \|- \| \| \| \| 40 \| 25-27A \| \| 0 \| 30 \| \|- \| \| \| \| 41 \| 26 \| \| 9 \| 07 \| \|- \| \| \| \| 42 \| 27 \| \| 5 \| 53 \| \|- \| \| \| \| 43 \| 29 \| \| 8 \| 12 \| \|- \| \| \| \| 44 \| 30-1 \| \| 5 \| 16 \| \|- \| \| \| \| 45 \| 30-2 \| \| 4 \| 10 \| \|- \| \| \| \| 46 \| 31-1 \| \| 0 \| 79 \| \|- \| \| \| \| 47 \| 40-IB \| \| 1 \| 10 \| \|- \| \| \| \| 48 \| 40-IC 1 \| \| 7 \| 07 \| \|- \| \| \| \| 48 \| 1C 2 \| \| 0 \| 08 \| \|- \| \| \| \| \| 1C 3 \| \| 0 \| 04 \| \|- \| Madurai \| Kodaikanal \| Kodaikanal \| \| 2 \| \| 0 \| 13 \| \|- \| \| \| \| 49 \| 42-1 \| \| 5 \| 78 \| \|- \| \| \| \| 50 \| 42-3 \| \| 0 \| 40 \| \|- \| \| \| \| 51 \| 44 \| \| 8 \| 51 \| \|- \| \| \| \| \| 46-A \| \| 4 \| 17 \| \|- \| \| \| \| \| B \| \| 0 \| 42 \| \|- \| \| \| \| \| C \| \| 0 \| 75 \| \|- \| \| \| \| \| D \| \| 0 \| 19 \| \|- \| \| \| \| 52 \| 47 \| \| 6 \| 19 \| \|- \| \| \| \| 53 \| 48 \| \| 7 \| 29 \| \|- \| \| \| \| 54 \| 49-A \| \| 5 \| 37 \| \|- \| \| \| \| \| B1 \| \| 0 \| 81 \| \|- \| \| \| \| \| B2 \| \| 6 \| 29 \| \|- \| \| \| \| 55 \| 50 \| \| 4 \| 59 \| \|- \| \| \| \| 56 \| 51-A \| \| 6 \| 36 \| \|- \| \| \| \| \| C \| \| 2 \| 60 \| \|- \| \| \| \| 57 \| 52 \| \| 9 \| 78 \| \|- \| \| \| \| 58 \| 53-B \| \| 2 \| 54 \| \|- \| \| \| \| 59 \| 69 \| \| 6 \| 84 \| \|- \| \| \| \| 60 \| 70 \| \| 5 \| 87 \| \|- \| \| \| \| 61 \| 72-B \| \| 1 \| 03 \| \|- \| \| \| \| \| C \| \| 0 \| 60 \| \|- \| \| \| \| 62 \| 73 \| \| 0 \| 38 \| \|- \| \| \| \| 63 \| 74 \| \| 2 \| 62 \| \|- \| \| \| \| 64 \| 75 \| \| 2 \| 57 \| \|- \| \| \| \| 65 \| 76 \| \| 1 \| 64 \| \|- \| \| \| \| 66 \| 78-C \| \| 2 \| 74 \| \|- \| \| \| \| \| C1 \| \| 3 \| 33 \| \|- \| \| \| \| \| C2 \| \| \| \| \|- \| \| \| \| \| C3 \| \| 30 \| 60 \| \|- \| \| \| \| 67 \| 80-1A \| \| 4 \| 36 \| \|- \| \| \| \| \| A2 \| \| \| 62 \| \|- \| \| \| \| \| A3 \| \| 1 \| 98 \| \|- \| \| \| \| \| B \| \| 1 \| 74 \| \|- \| \| \| \| 68 \| 63 \| \| 21 \| 35 \| \|- \| \| \| \| 69 \| 64 \| \| 5 \| 45 \| \|- \| \| \| \| 70 \| 66-1 \| \| 0 \| 55 \| \|- \| \| \| \| \| 66-2 \| \| 0 \| 42 \| \|- \| \| \| \| 71 \| 67 \| \| 1 \| 50 \| \|- \| \| \| \| 72 \| 68 \| \| 4 \| 43 \| \|- \| \| \| \| 73 \| 85.1 \| \| 13 \| 84 \| \|- \| \| \| \| 74 \| 85-2 \| \| 1 \| 03 \| \|- \| \| \| \| 75 \| 86 \| \| 8 \| 19 \| \|- \| Madurai \| Kodaikanal \| Kodaikanal \| 76 \| 87 \| \| 7 \| 96 \| \|- \| \| \| \| 77 \| 88 \| \| 7 \| 91 \| \|- \| \| \| \| 78 \| 89-A \| \| 3 \| 80 \| \|- \| \| \| \| \| B \| \| 3 \| 15 \| \|- \| \| \| \| 79 \| 93 \| \| 4 \| 43 \| \|- \| \| \| \| 80 \| 93-2A \| \| 0 \| 01 \| \|- \| \| \| \| \| B \| \| 0 \| 34 \| \|- \| \| \| \| \| C \| \| 0 \| 47 \| \|- \| \| \| \| \| D-1 \| \| 0 \| 49 \| \|- \| \| \| \| \| D-2 \| \| 0 \| 06 \| \|- \| \| \| \| \| E \| \| 7 \| 15 \| \|- \| \| \| \| 81 \| 93-3-1-A \| \| 0 \| 79 \| \|- \| \| \| \| \| 1-B \| \| 8 \| 47 \| \|- \| \| \| \| \| 105-1 \| \| 0 \| 86 \| \|- \| \| \| \| \| 2 \| \| 1 \| 38 \| \|- \| \| \| \| \| 4 \| \| 0 \| 10 \| \|- \| \| \| \| \| 5 \| \| 2 \| 07 \| \|- \| \| \| \| \| 6 \| \| 1 \| 42 \| \|- \| \| \| \| \| 7 \| \| 0 \| 90 \| \|- \| \| \| \| 83 \| 108 \| \| 7 \| 25 \| \|- \| \| \| \| 84 \| 110 \| \| 8 \| 27 \| \|- \| \| \| \| 85 \| 11 1-B \| \| 5 \| 73 \| \|- \| \| \| \| 86 \| 113 \| \| 2 \| 78 \| \|- \| \| \| \| 87 \| 114 \| \| 0 \| 19 \| \|- \| \| \| \| 88 \| 115 \| \| 1 \| 50 \| \|- \| \| \| \| 89 \| 116 \| \| 9 \| 93 \| \|- \| \| \| \| 90 \| 117 \| \| 6 \| 51 \| \|- \| \| \| \| 91 \| 118 \| \| 5 \| 64 \| \|- \| \| \| \| 92 \| 119 \| \| 6 \| 16 \| \|- \| \| \| \| 93 \| 120 \| \| 1 \| 90 \| \|- \| \| \| \| 94 \| 121 \| \| 9 \| 81 \| \|- \| \| \| \| 95 \| 124 \| \| 9 \| 09 \| \|- \| \| \| \| 96 \| 157 \| \| 1 \| 67 \| \|- \| \| \| \| 97 \| 158 \| \| 0 \| 76 \| \|- \| \| \| \| 98 \| 160 \| \| 7 \| 79 \| \|- \| \| \| \| 99 \| 161 \| \| 8 \| 22 \| \|- \| \| \| \| 100 \| 163 \| \| 0 \| 55 \| \|- \| \| \| \| 101 \| 164 \| \| 0 \| 12 \| \|- \| \| \| \| 102 \| 168 \| \| 2 \| 75 \| \|- \| \| \| \| 103 \| 168 \| \| 0 \| 88 \| \|- \| \| \| \| 104 \| 170-1 \| \| 3 \| 06 \| \|- \| \| \| \| \| 2 \| \| 3 \| 00 \| \|- \| \| \| \| 105 \| I7I-B \| \| 5 \| 06 \| \|- \| Madurai \| Kodaikanal \| Kodaikanal \| 106 \| 80-IB \| \| 1 \| 81 \| \|- \| \| \| \| \| 1C \| \| 0 \| 40 \| \|- \| \| \| \| \| 2 \| \| 0 \| 12 \| \|- \| \| \| \| 107 \| 81 \| \| 4 \| 97 \| \|- \| \| \| \| 108 \| 82-1 \| \| 9 \| 62 \| \|- \| \| \| \| \| 2 \| \| 0 \| 21 \| \|- \| \| \| \| 109 \| 83-1 \| \| 0 \| 14 \| \|- \| \| \| \| \| 2 \| \| 7 \| 23 \| \|- \| \| \| \| 110 \| 93-3-2 \| \| 0 \| 95 \| \|- \| \| \| \| 111 \| 94-Bi \| \| 2 \| 52 \| \|- \| \| \| \| \| B2 \| \| 1 \| 07 \| \|- \| \| \| \| \| B3 \| \| 2 \| 50 \| \|- \| \| \| \| 112 \| 97 \| \| 20 \| 40 \| \|- \| \| \| \| 113 \| 98.1 \| \| 1 \| 65 \| \|- \| \| \| \| \| 2 \| \| 0 \| 18 \| \|- \| \| \| \| \| 3 \| \| 14 \| 80 \| \|- \| \| \| \| 114 \| 99-1-B \| \| 15 \| 60 \| \|- \| \| \| \| \| B2A \| \| 4 \| 25 \| \|- \| \| \| \| \| B2B \| \| 3 \| 77 \| \|- \| \| \| \| \| B2C \| \| 3 \| 31 \| \|- \| \| \| \| \| B3 \| \| 0 \| 40 \| \|- \| \| \| \| 115 \| 101-C \| \| 3 \| 26 \| \|- \| \| \| \| 116 \| 103 \| \| 4 \| 25 \| \|- \| \| \| \| 117 \| 139-1 \| \| 8 \| 15 \| \|- \| \| \| \| 118 \| 125 \| \| 7 \| 59 \| \|- \| \| \| \| 119 \| 127 \| \| 7 \| 79 \| \|- \| \| \| \| 120 \| 129-B \| \| 2 \| 16 \| \|- \| \| \| \| 121 \| 131 \| \| 5 \| 88 \| \|- \| \| \| \| 122 \| 135-1 \| \| 5 \| 06 \| \|- \| \| \| \| 123 \| 139-2 \| \| 8 \| 40 \| \|- \| \| \| \| \| 3 \| \| 4 \| 52 \| \|- \| \| \| \| \| 4 \| \| 0 \| 57 \| \|- \| \| \| \| 124 \| 144 \| \| 8 \| 72 \| \|- \| \| \| \| 125 \| 145 \| \| 6 \| 10 \| \|- \| \| \| \| 126 \| 147 \| \| 8 \| 53 \| \|- \| \| \| \| 127 \| 149.1 \| \| 6 \| 51 \| \|- \| \| \| \| \| 2 \| \| 1 \| 01 \| \|- \| \| \| \| 128 \| 150.1 \| \| 7 \| 45 \| \|- \| \| \| \| \| 2 \| \| 9 \| 45 \| \|- \| \| \| \| 129 \| 151 \| \| 10 \| 72 \| \|- \| \| \| \| 130 \| 153 \| \| 10 \| 31 \| \|- \| \| \| \| 131 \| 154 \| \| I \| 47 \| \|- \| \| \| \| 132 \| 155-B \| \| 0 \| 20 \| \|- \| Madurai \| Kodaikana \| Kodaikanal \| 133 \| 155-C2 \| \| 3 \| 77 \| \|- \| \| \| \| \| 3 \| \| 0 \| 28 \| \|- \| \| \| \| 134 \| 194 \| \| 10 \| 04 \| \|- \| \| \| \| 135 \| 195 \| \| 9 \| 87 \| \|- \| \| \| \| 136 \| 196 \| \| 9 \| 16 \| \|- \| \| \| \| 137 \| 197 \| \| 10 \| 11 \| \|- \| \| \| \| 138 \| 84 \| \| 4 \| 97 \| \|- \| \| \| \| 139 \| 198 \| \| 9 \| 63 \| \|- \| \| \| \| 140 \| 199 \| \| 3 \| 63 \| \|- \| \| \| \| 141 \| 200 \| \| 7 \| 29 \| \|- \| \| \| \| 142 \| 202 \| \| 7 \| 57 \| \|- \| \| \| \| 143 \| 203 \| \| 20 \| 55 \| \|- \| \| \| \| 144 \| 204 \| \| 4 \| 41 \| \|- \| \| \| \| 145 \| 205 \| \| 8 \| 29 \| \|- \| \| \| \| 146 \| 172-1 \| \| 3 \| 00 \| \|- \| \| \| \| \| 2 \| \| 1 \| 00 \| \|- \| \| \| \| \| 3 \| \| 3 \| 78 \| \|- \| \| \| \| 147 \| 174 \| \| 1 \| 62 \| \|- \| \| \| \| 148 \| 175 \| \| 9 \| 47 \| \|- \| \| \| \| 149 \| 180 \| \| 8 \| 93 \| \|- \| \| \| \| 150 \| 182 \| \| 2 \| 39 \| \|- \| \| \| \| 151 \| 189-2 \| \| 7 \| 03 \| \|- \| \| \| \| 152 \| 191 \| \| 12 \| 18 \| \|- \| \| \| \| 153 \| 192 \| \| 8 \| 04 \| \|- \| \| \| \| 154 \| 193 \| \| 3 \| 57 \| \|- \| \| \| \| 155 \| 219-1 \| \| 0 \| 66 \| \|- \| \| \| \| \| 2 \| \| 0 \| 02 \| \|- \| \| \| \| 156 \| 220-1A \| \| 1 \| 58 \| \|- \| \| \| \| \| IB \| \| 0 \| 67 \| \|- \| \| \| \| \| 2 \| \| 0 \| 07 \| \|- \| \| \| \| \| 3 \| \| 0 \| 50 \| \|- \| \| \| \| 157 \| 221 \| \| 1 \| 06 \| \|- \| \| \| \| 158 \| 221-1 \| \| 0 \| 02 \| \|- \| \| \| \| \| 2 \| \| 0 \| 06 \| \|- \| \| \| \| 159 \| 224-A \| \| 1 \| 01 \| \|- \| \| \| \| \| B1 \| \| 0 \| 30 \| \|- \| \| \| \| \| B2 \| \| 1 \| 02 \| \|- \| \| \| \| \| C \| \| 0 \| 19 \| \|- \| \| \| \| 160 \| 225A \| \| 2 \| 00 \| \|- \| \| \| \| \| B1 \| \| 1 \| 30 \| \|- \| \| \| \| \| B2 \| \| 3 \| 13 \| \|- \| \| \| \| 161 \| 226 \| \| 18 \| 76 \| \|- \| \| \| \| 162 \| 227-3 \| \| 0 \| 09 \| \|- \| Madurai \| Kodaikanal \| Kodaikanal \| 163 \| 228 \| \| 3 \| 91 \| \|- \| \| \| \| 164 \| 252 \| \| 3 \| 85 \| \|- \| \| \| \| 165 \| 253 \| \| 4 \| 24 \| \|- \| \| \| \| 166 \| 255 \| \| 1 \| 56 \| \|- \| \| \| \| 167 \| 258 \| \| 5 \| 41 \| \|- \| \| \| \| 168 \| 263-1 A1 \| 7 \| 66 \| \| \|- \| \| \| \| \| IA2 \| \| 1 \| 85 \| \|- \| \| \| \| \| IB \| \| 1 \| 20 \| \|- \| \| \| \| \| 1C \| \| 0 \| 25 \| \|- \| \| \| \| 169 \| 264 \| \| 8 \| 69 \| \|- \| \| \| \| 170 \| 267 \| \| 0 \| 32 \| \|- \| \| \| \| 171 \| 270 \| \| 3 \| 69 \| \|- \| \| \| \| 172 \| 271 \| \| 10 \| 31 \| \|- \| \| \| \| 173 \| 272 \| \| 1 \| 21 \| \|- \| \| \| \| 174 \| 273 \| \| 4 \| 81 \| \|- \| \| \| \| 175 \| 274 \| \| 2 \| 19 \| \|- \| \| \| \| 176 \| 275 \| \| 008 \| \| \|- \| \| \| \| 177 \| 276 \| \| 1 \| 47 \| \|- \| \| \| \| 178 \| 303-A-1 \| \| 0 \| 05 \| \|- \| \| \| \| \| A2 \| \| 0 \| 07 \| \|- \| \| \| \| 179 \| 309 \| \| 1 \| 47 \| \|- \| \| \| \| 180 \| 311 \| \| 5 \| 81 \| \|- \| \| \| \| 181 \| 313 \| \| 1 \| 54 \| \|- \| \| \| \| 182 \| 314-1-A \| 0 \| 98 \| \| \|- \| \| \| \| \| 1 \| \| 0 \| 02 \| \|- \| \| \| \| \| 2 \| \| 0 \| 91 \| \|- \| \| \| \| \| 3 \| \| 1 \| 56 \| \|- \| \| \| \| 183 \| 206 \| \| 8 \| 68 \| \|- \| \| \| \| 184 \| 208-1 \| \| 0 \| 83 \| \|- \| \| \| \| \| 2 \| \| 0 \| 08 \| \|- \| \| \| \| 185 \| 209 \| \| 3 \| 09 \| \|- \| \| \| \| 186 \| 214 \| \| 3 \| 15 \| \|- \| \| \| \| 187 \| 215 \| \| 1 \| 54 \| \|- \| \| \| \| 188 \| 217-1 \| \| 0 \| 07 \| \|- \| \| \| \| 189 \| 217-2 \| \| 0 \| 34 \| \|- \| \| \| \| 190 \| 218-A \| \| 0 \| 62 \| \|- \| \| \| \| 191 \| 218-B \| \| 0 \| 61 \| \|- \| \| \| \| 192 \| 229 \| \| 2 \| 45 \| \|- \| \| \| \| 193 \| 231 \| \| 52 \| 28 \| \|- \| \| \| \| 194 \| 233 \| \| 0 \| 90 \| \|- \| \| \| \| 195 \| 235 \| \| 11 \| 04 \| \|- \| \| \| \| 196 \| 237 \| \| 9 \| 82 \| \|- \| \| \| \| 197 \| 239 \| \| 3 \| 61 \| \|- \| Madurai \| Kodaikana \| Kodaikanal \| 198 \| 240 \| \| 4 \| 35 \| \|- \| \| \| \| 199 \| 241 \| \| 9 \| 9 \| \|- \| \| \| \| 200 \| 243-1 \| \| 1 \| 50 \| \|- \| \| \| \| \| 243-2 \| \| 5 \| 67 \| \|- \| \| \| \| \| 3A \| \| 0 \| 12 \| \|- \| \| \| \| \| 3B \| \| 0 \| 72 \| \|- \| \| \| \| \| 3D \| \| 0 \| 99 \| \|- \| \| \| \| \| 3G \| \| 0 \| 01 \| \|- \| \| \| \| \| 3E \| \| 0 \| 64 \| \|- \| \| \| \| \| 3F \| \| 0 \| 63 \| \|- \| \| \| \| 201 \| 245 \| \| 4 \| 69 \| \|- \| \| \| \| 202 \| 248 \| \| 3 \| 44 \| \|- \| \| \| \| 203 \| 249-B \| \| 3 \| 85 \| \|- \| \| \| \| 204 \| 251-B1 \| \| 5 \| 59 \| \|- \| \| \| \| \| B2 \| \| 0 \| 06 \| \|- \| \| \| \| 205 \| 277 \| \| 0 \| 86 \| \|- \| \| \| \| 206 \| 278 \| \| 9 \| 91 \| \|- \| \| \| \| 207 \| 280 \| \| 11 \| 3 \| \|- \| \| \| \| 208 \| 281 \| \| 0 \| 62 \| \|- \| \| \| \| 209 \| 281-1 \| \| 2 \| 04 \| \|- \| \| \| \| \| 2 A \| \| 17 \| 72 \| \|- \| \| \| \| \| 2B \| \| 7 \| 98 \| \|- \| \| \| \| 210 \| 290 \| \| 0 \| 67 \| \|- \| \| \| \| 211 \| 292 \| \| 3 \| 03 \| \|- \| \| \| \| 212 \| 293 \| \| 5 \| 28 \| \|- \| \| \| \| 213 \| 294-1 \| \| 3 \| L87 \| \|- \| \| \| \| 214 \| 294-2 \| \| 0 \| 01 \| \|- \| \| \| \| 215 \| 296 \| \| 4 \| 12 \| \|- \| \| \| \| 216 \| 298 \| \| 6 \| 09 \| \|- \| \| \| \| 217 \| 299 A \| \| 0 \| 47 \| \|- \| \| \| \| 218 \| 299-B-A \| \| 8 \| 47 \| \|- \| \| \| \| \| B-B \| \| 0 \| 39 \| \|- \| \| \| \| \| B-C \| \| 0 \| 01 \| \|- \| \| \| \| 219 \| 300-B \| \| 0 \| 80 \| \|- \| \| \| \| 220 \| 301 -B \| \| 0 \| 86 \| \|- \| \| \| \| 221 \| 302-A1 \| \| 0 \| 53 \| \|- \| \| \| \| \| A2 \| \| 0 \| 01 \| \|- \| \| \| \| \| A3 \| \| 0 \| 01 \| \|- \| \| \| \| 222 \| 347-B \| \| 0 \| 45 \| \|- \| \| \| \| 223 \| 362-1 \| \| 1 \| 33 \| \|- \| \| \| \| 224 \| 362-2 \| \| 0 \| 02 \| \|- \| \| \| \| 225 \| 369 \| \| 0 \| 29 \| \|- \| \| \| \| 226 \| 316 \| \| 0 \| 52 \| \|- \| Madurai \| Kodaikanal \| Kodaikanal \| 227 \| 318 \| \| 7 \| 21 \| \|- \| \| \| \| 228 \| 319I A1 \| \| 2 \| 51 \| \|- \| \| \| \| \| IA2 \| \| 0 \| 03 \| \|- \| \| \| \| \| IA3 \| \| 0 \| 10 \| \|- \| \| \| \| \| IA4 \| \| 0 \| 11 \| \|- \| \| \| \| \| IA5 \| \| 0 \| 02 \| \|- \| \| \| \| \| IB \| \| 0 \| 15 \| \|- \| \| \| \| \| 1C \| \| 0 \| 13 \| \|- \| \| \| \| \| 2 \| \| 0 \| 10 \| \|- \| \| \| \| 229 \| 320-I-A \| \| 2 \| 00 \| \|- \| \| \| \| \| IB \| \| 0 \| 17 \| \|- \| \| \| \| \| 2 \| \| 0 \| 11 \| \|- \| \| \| \| 230 \| 321 \| \| 0 \| 13 \| \|- \| \| \| \| 231 \| 330-C \| \| 9 \| 40 \| \|- \| \| \| \| \| B2D1 \| \| 1 \| 60 \| \|- \| \| \| \| \| B2D2 \| \| 0 \| 60 \| \|- \| \| \| \| \| B2CE \| \| 2 \| 26 \| \|- \| \| \| \| 232 \| 381 \| \| 1 \| 33 \| \|- \| \| \| \| 233 \| 383 \| \| 9 \| 73 \| \|- \| \| \| \| 234 \| 386-B \| \| 3 \| 31 \| \|- \| \| \| \| 235 \| 388 \| \| 3 \| 01 \| \|- \| \| \| \| 236 \| 389-1 \| \| 2 \| 93 \| \|- \| \| \| \| \| 389-2 \| \| 0 \| 06 \| \|- \| \| \| \| 237 \| 393 \| \| 20 \| 07 \| \|- \| \| \| \| 238 \| 395 \| \| 3 \| 14 \| \|- \| \| \| \| 239 \| 396-A \| \| 1 \| 31 \| \|- \| \| \| \| 240 \| 402 \| \| 6 \| 29 \| \|- \| \| \| \| 241 \| 403 \| \| 7 \| 72 \| \|- \| \| \| \| 242 \| 404 \| \| 7 \| 02 \| \|- \| \| \| \| 243 \| 405 \| \| 9 \| 13 \| \|- \| \| \| \| 244 \| 406 \| \| 8 \| 29 \| \|- \| \| \| \| 245 \| 408 \| \| 2 \| 19 \| \|- \| \| \| \| 246 \| 409 \| \| 2 \| 28 \| \|- \| \| \| \| 247 \| 410 \| \| 2 \| 00 \| \|- \| \| \| \| 248 \| 412 \| \| 3 \| 58 \| \|- \| \| \| \| 249 \| 415 \| \| 3 \| 44 \| \|- \| \| \| \| 250 \| 447 \| \| 8 \| 62 \| \|- \| \| \| \| 251 \| 449 \| \| 6 \| 28 \| \|- \| \| \| \| 252 \| 450 \| \| 1 \| 80 \| \|- \| \| \| \| 253 \| 370 \| \| 1 \| 11 \| \|- \| \| \| \| 254 \| 372 \| \| 7 \| 19 \| \|- \| \| \| \| 255 \| 373 \| \| 0 \| 17 \| \|- \| \| \| \| 256 \| 377-1 \| \| 0 \| 30 \| \|- \| Madurai \| Kodaikanal \| Kodaikanal \| \| 2A-IA1 \| \| 0 \| 01 \| \|- \| \| \| \| \| 2A-IA2 \| \| 0 \| 09 \| \|- \| \| \| \| \| 2A-IA3 \| \| 0 \| 22 \| \|- \| \| \| \| \| 2A1B \| \| 0 \| 30 \| \|- \| \| \| \| \| 3A1C \| \| 0 \| 38 \| \|- \| \| \| \| \| 2A2 \| \| 0 \| 01 \| \|- \| \| \| \| \| 2B1 \| \| 0 \| 04 \| \|- \| \| \| \| \| 2B2 \| \| 0 \| 01 \| \|- \| \| \| \| 257 \| 378-B1A \| \| 0 \| 53 \| \|- \| \| \| \| \| BIB \| \| 0 \| 14 \| \|- \| \| \| \| \| BIG \| \| 0 \| 33 \| \|- \| \| \| \| \| B2A \| \| 4 \| 84 \| \|- \| \| \| \| 258 \| 418 \| \| 7 \| 77 \| \|- \| \| \| \| 259 \| 419 \| \| 3 \| 34 \| \|- \| \| \| \| 260 \| 421 \| \| 6 \| 84 \| \|- \| \| \| \| 261 \| 422 \| \| 7 \| 54 \| \|- \| \| \| \| 262 \| 423 \| \| 97 \| 66 \| \|- \| \| \| \| 263 \| 425 \| \| 23 \| 45 \| \|- \| \| \| \| 264 \| 427 \| \| 8 \| 04 \| \|- \| \| \| \| 265 \| 430-B1 \| \| 4 \| 77 \| \|- \| \| \| \| \| B2 \| \| 0 \| 02 \| \|- \| \| \| \| 266 \| 432 \| \| 6 \| 57 \| \|- \| \| \| \| 267 \| 433 \| \| 4 \| 69 \| \|- \| \| \| \| 268 \| 434 \| \| 1 \| 50 \| \|- \| \| \| \| 269 \| 435 \| \| 2 \| 02 \| \|- \| \| \| \| 270 \| 437 \| \| 7 \| 14 \| \|- \| \| \| \| 271 \| 438 \| \| 5 \| 77 \| \|- \| \| \| \| 272 \| 440 \| \| 6 \| 98 \| \|- \| \| \| \| 273 \| 442 \| \| 4 \| 88 \| \|- \| \| \| \| 274 \| 444 \| \| 253 \| 13 \| \|- \| \| \| \| 275 \| 446-1 \| \| 4 \| 49 \| \|- \| \| \| \| \| 2 \| \| 0 \| 05 \| \|- \| \| \| \| \| 3 \| \| 0 \| 67 \| \|- \| \| \| \| \| 4 \| \| 0 \| 45 \| \|- \| \| \| \| \| 5 \| \| 2 \| 94 \| \|- \| \| \| \| \| Total \| \| 1,941 \| 69 \| \|- \| \| \| \| \| Dry \| \| 1,929 \| 96 \| \|- \| \| \| \| \| Wet \| \| 11 \| 73 \| \|- \| \| \| \| \| \| \| A. \| C. \| \|- \| \| \| \| 1 \| Dry 1 \| \| 6 \| 01 \| \|- \| \| \| \| 2 \| 2 \| \| 1 \| 00 \| \|- \| \| \| \| 3 \| 3 \| \| 1 \| 58 \| \|- \| Madurai \| Kodaikanal \| Kodaikanal \| 4 \| 4 \| \| 3 \| 31 \| \|- \| \| \| \| 5 \| 5 \| \| 2 \| 39 \| \|- \| \| \| \| 6 \| 6 \| \| 6 \| 75 \| \|- \| \| \| \| 7 \| 7 \| \| 55 \| 60 \| \|- \| \| \| \| 8 \| 9 \| \| 17 \| 59 \| \|- \| \| \| \| 9 \| 244 \| \| 8 \| 58 \| \|- \| \| \| \| 10 \| 245 \| \| 5 \| 26 \| \|- \| \| \| \| 11 \| 284 \| \| 9 \| 54 \| \|- \| \| \| \| 12 \| 285 \| \| 10 \| 00 \| \|- \| \| \| \| \| 127 \| 61 \| \| \| \|- \| \| \| \| Grand Total... \| 2,069 39 acres \| \| \|- \| Chingleput \| Saidapet \| 92, Numbal village \| \| Unsurveyed \| 967 \| 00 \| \| \|- \| \| \| \| \| Villages \| \| \| \| \|- \| \| \| \| \| Hence S. \| \| \| \| \|- \| \| \| \| \| No. not \| \| \| \| \|- \| \| \| \| \| furnished. \| \| \| \| \|- \| \| \| St. Thomas Mount \| \| \| \| ASQ. Ft. \| \| \|- \| \| \| \| 1 \| 427 \| \| 317720 \| \| \|- \| \| \| \| 2 \| 436 \| \| 321554 \| \| \|- \| \| \| \| 3 \| 438 \| \| 29896 \| \| \|- \| \| \| \| 4 \| 439 \| \| 210263 \| \| \|- \| \| \| \| 5 \| 448 \| \| 011586 \| \| \|- \| \| \| \| 6 \| 449 \| \| 14985 \| \| \|- \| \| \| \| 7 \| 459 \| \| 013939 \| \| \|- \| \| \| \| 8 \| 479 \| \| 133612 \| \| \|- \| \| \| \| \| \| \| 14 36435 \| \| \|- \| \| \| \| \| \| \| A. \| C. \| \|- \| Tiruchirap-palli \| Manapparai (Thiayake-san Alsi) \| Usilampatti \| 1 \| 5-26 \| \| 3 \| 10 \| \|- \| \| \| \| 2 \| 6-7 \| \| 0 \| 83 \| \|- \| \| \| \| 3 \| 8-4 \| \| 2 \| 08 \| \|- \| \| \| \| 4 \| 6-4 \| \| 2 \| 21 \| \|- \| \| \| \| 5 \| 69-1 \| \| 7 \| 80 \| \|- \| \| \| \| 6 \| 11-19 \| \| 2 \| 75 \| \|- \| \| \| \| 7 \| 63 \| \| 3 \| 85 \| \|- \| \| \| \| 8 \| 64-2 \| \| 3 \| 30 \| \|- \| \| \| \| 9 \| 64-1 \| \| 5 \| 12 \| \|- \| \| \| \| 10 \| 74-1 A \| \| 1 \| 81 \| \|- \| \| \| \| 11 \| 71-1 \| \| 8 \| 98 \| \|- \| \| \| \| 12 \| 71-2 A \| \| 1 \| 10 \| \|- \| \| \| \| 13 \| 72-1 \| \| 2 \| 33 \| \|- \| \| \| \| 14 \| 72-3A \| \| 1 \| 72 \| \|- \| \| \| \| 15 \| 72-2 \| \| \| 09 \| \|- \| Tiruchirap-palli \| Manapparai (Thiayake-san Alsi) \| Usilampatti \| \| \| \| 0 \| 03 \| \|- \| \| \| \| 16 \| 72-3B \| \| 1 \| 34 \| \|- \| \| \| \| 17 \| 72-5 \| \| 1 \| 89 \| \|- \| \| \| \| 18 \| 77-3 \| \| 0 \| 64 \| \|- \| \| \| \| 19 \| 77-1 \| \| 3 \| 28 \| \|- \| \| \| \| 20 \| 1 \| \| 1 \| 15 \| \|- \| \| \| \| 21 \| 6-3 \| \| 0 \| 41 \| \|- \| \| \| \| 22 \| 69-2 \| \| 0 \| 22 \| \|- \| \| \| \| 23 \| 72-2C \| \| 0 \| 15 \| \|- \| \| \| \| 24 \| 70-1B \| \| 0 \| 14 \| \|- \| \| \| \| \| Total \| \| 52 \| 32 \| \|- \| Nawab Gardens \|- \| \| A. \| C. \| \| \| \| \| \| \|- \| Tiruchirap-palli \| \| Devadanam \| \| \| \| 88 \| 18 \| \|- \| \| \| Tiruchirapalli Town \| \| \| \| \| \| \|- \| \| \| Ward I, Block 47 \| \| \| \| 3 \| 23 \| \|- \| \| \| Muthurasana- llur \| \| \| \| 4 \| 78 \| \|- \| \| \| \| \| \| \| \| \| \|- \| \| \| Alundur \| \| \| \| 31 \| 62 \| \|- \| \| \| Tiruchirapalli Town \| \| \| \| \| \| \|- \| \| \| Ward 4, Blocks 10 and 28 \| \| \| \| \| \| \|- \| \| \| Ward 6, Blocks 1,2, 8 and 20 \| \| \| \| 7 \| 46 \| \|- \| \| \| Ward 7, Blocks 14 and 13 \| \| \| \| \| \| \|- \| \| \| Usilampatti - Cont. \| \| \| \| \| \| \|- \| \| \| \| \| Total \| \| 135 \| 27 \| \|- \| \| \| Somarasam- pettai \| \| \| \| 39 \| 79 \| \|- \| \| \| Varaganeri \| \| \| \| 2 \| 88 \| \|- \| \| \| Melur \| \| \| \| 262 \| 14 \| \|- \| \| \| Pamdamanga-lam \| \| \| \| 21 \| 65 \| \|- \| \| \| Thamalavaru- bayam \| \| \| \| 51 \| 13 \| \|- \| \| \| Vellithirumu- tham \| \| \| \| 154 \| 64 \| \|- \| \| \| Chinthamani \| \| \| \| 14 \| 26 \| \|- \| \| \| Kodyampettai \| \| \| \| 0 \| 74 \| \|- \| \| \| Tiruchirappalli Town \| \| \| \| 28 \| 37 \| \|- \| Tiruchirap-palli \| \| Thirumara- yasamudram \| \| \| \| 157 \| 65 \| \|- \| \| \| \| \| \| \| \| \| \|- \| \| \| \| Total \| \| 733 \| 25 \| \| \|} \| \| \| --- \| \| Nawlakh Gardens \| \| North Arcot \| Wallajah \| Nawalock S. No. 1 \| \| ... 1,605-14 acres \| \| \| \| \| \| Other Freeholds \| \| \| \| \| SI No. \| Survey Number \| Extent \| \| \| \| \| \| \| \| \| A. \| C. \| \| \| \| North Arcot \| Wallajah \| Vannivedu \| 1 \| 7-1 \| 0 \| 33 \| \| \| \| \| \| \| 2 \| 7-2 A1A \| 4 \| 50 \| \| \| \| \| \| \| 3 \| 7-2 A1B \| 4 \| 24 \| \| \| \| \| \| \| 4 \| 7-2 A 1C \| 3 \| 92 \| \| \| \| \| \| \| 5 \| 7-2 AID \| 4 \| 11 \| \| \| \| \| \| \| 6 \| 7-2 A2 \| 19 \| 06 \| \| \| \| \| \| \| 7 \| 7-2 A3A \| 1 \| 31 \| \| \| \| \| \| \| 8 \| 7-2 A3B \| 1 \| 49 \| \| \| \| \| \| \| 9 \| 7-2 A4 \| 3 \| 37 \| \| \| \| \| \| \| 10 \| 7-2 B \| 3 \| 54 \| \| \| \| \| \| \| 11 \| 10-1A \| 1 \| 65 \| \| \| \| \| \| \| 12 \| 10-1B \| 4 \| 39 \| \| \| \| \| \| \| 13 \| 10-2 \| 4 \| 31 \| \| \| \| \| \| \| 14 \| 10-3 A \| 1 \| 40 \| \| \| \| \| \| \| 15 \| 10-3 B \| 1 \| 40 \| \| \| \| \| \| \| 16 \| 10-3 C \| 2 \| 48 \| \| \| \| \| \| \| 17 \| 10-3 D \| 2 \| 70 \| \| \| \| \| \| \| 18 \| 107 \| 38 \| 10 \| \| \| \| \| \| \| 19 \| 417-1 \| 5 \| 31 \| \| \| \| \| \| \| 20 \| 2 \| 4 \| 79 \| \| \| \| \| \| \| 21 \| 419 \| 19 \| 68 \| \| \| \| \| \| \| 22 \| 439-1 A \| 2 \| 32 \| \| \| \| \| \| \| 23 \| 439-1 B \| 14 \| 88 \| \| \| \| \| \| \| 24 \| 439-1 B 2 \| 1 \| 80 \| \| \| \| \| \| \| 25 \| 439-1 B 3 \| 2 \| 57 \| \| \| \| \| \| \| 26 \| 439-1 B 4 \| 5 \| 08 \| \| \| \| \| \| \| 27 \| 439-1 B 5 \| 3 \| 06 \| \| \| \| \| \| \| 28 \| 439-1 B 6 \| 2 \| 03 \| \| \| \| \| \| \| 29 \| 439-1 B 7 \| 3 \| 54 \| \| \| \| \| \| \| 30 \| 439-1 B 8 \| 3 \| 92 \| \| \| \| \| \| \| 31 \| 439-1 B 9 \| 2 \| 31 \| \| \| \| \| \| \| 32 \| 439-1 B 10 \| 2 \| 82 \| \| \| \| North Arcot \| Wallajah \| Vannivedu \| 33 \| 439-1 B 11 \| 2 \| 94 \| \| \| \| \| \| \| 34 \| 439-1 B 12 \| 1 \| 19 \| \| \| \| \| \| \| 35 \| 440-2 A1 \| 0 \| 26 \| \| \| \| \| \| \| 36 \| 440-2 A1 B \| 0 \| 38 \| \| \| \| \| \| \| 37 \| 440-2 A1 2 \| 0 \| 19 \| \| \| \| \| \| \| 38 \| 440-2 B1 \| 0 \| 60 \| \| \| \| \| \| \| 39 \| 440-2 B2 \| 5 \| 07 \| \| \| \| \| \| \| \| 445 \| \| 5 \| 86 \| \| \| \| \| \| \| Total \| \| 185 \| 60 \| \| \| \| \| Valluvama- ckkam \| \| 861 \| \| 2 \| 62 \| \| \| \| \| Arcot \| 1 \| 24 \| \| 8 \| 12 \| \| \| \| \| \| 2 \| 470 \| \| 5 \| 20 \| \| \| \| \| \| 3 \| 496-2 \| \| 7 \| 40 \| \| \| \| \| \| 4 \| 528-1 \| \| 0 \| 42 \| \| \| \| \| \| 5 \| 528-3 \| \| 10 \| 36 \| \| \| \| \| \| 6 \| 677 \| \| 0 \| 88 \| \| \| \| \| \| 7 \| 678-3 \| \| 22 \| 46 \| \| \| \| \| \| 8 \| 778-1 \| \| 5 \| 46 \| \| \| \| \| \| 9 \| 798-1 \| \| 2 \| 75 \| \| \| \| \| \| \| \| \| 17 \| 17 \| \| \| \| \| \| \| Total \| \| 80 \| 22 \| \| \| \| \| Tajpura \| \| (Not furnished) \| \| 53 \| 70 \| \| \| \| \| Mangadu \| \| 37 \| \| 14 \| 58 \| \| \| \| \| Kooram- badi \| \| (Not furnished) \| \| 142 \| 91 \| \| \| \| Gudiyattam \| Pernambut \| 1 \| 3-4A \| \| 6 \| 65 \| \| \| \| \| \| 2 \| 30-2 \| \| 1 \| 42 \| \| \| \| \| \| 3 \| 3-3A \| \| 3 \| 71 \| \| \| \| \| \| 4 \| 691 \| \| 12 \| 26 \| \| \| \| \| \| 5 \| 3-1A \| \| 4 \| 88 \| \| \| \| \| \| 6 \| 28 \| \| 0 \| 41 \| \| \| \| \| \| 7 \| 89-2 \| \| 3 \| 87 \| \| \| \| \| \| 8 \| 90 \| \| 0 \| 32 \| \| \| \| \| \| 9 \| 95 \| \| 0 \| 17 \| \| \| \| \| \| 10 \| 109-1 \| \| 13 \| 94 \| \| \| \| \| \| \| 3 \| \| 2 \| 63 \| \| \| \| \| \| 11 \| 412-1 \| \| 13 \| 65 \| \| \| \| \| \| \| 3 \| \| 19 \| 05 \| \| \| \| \| \| 12 \| 4B-1 A-1 \| 0 \| 26 \| \| \| \| \| \| \| \| 413-1 A-3 \| 8 \| 13 \| \| \| \| \| \| \| 131 \| 611 \| \| 1 \| 93 \| \| \| \| Gudiyattam \| Pernambut \| 14 \| 627 \| \| \| \| \| \| \| \| \| 15 \| 632 \| \| \| \| \| \| \| \| \| 16 \| 653 \| \| \| \| \| \| \| \| \| 17 \| 717 \| \| \| \| \| \| \| \| \| 18 \| 778 and 779 \| \| 1,491 \| 89 \| \| \| \| \| \| 19 \| 606 \| \| 8 \| 12 \| \| \| \| \| \| 20 \| 685 \| \| 8 \| 10 \| \| \| \| \| \| 21 \| 689 \| \| 6 \| 04 \| \| \| \| \| \| 22 \| 437 \| \| 0 \| 29 \| \| \| \| \| \| 23 \| 438-2 \| \| 0 \| 74 \| \| \| \| \| \| 24 \| 449 \| \| 0 \| 07 \| \| \| \| \| \| 25 \| 535 \| \| 0 \| 21 \| \| \| \| \| \| 26 \| 536 \| \| 0 \| 14 \| \| \| \| \| \| 27 \| 540 \| \| 0 \| 26 \| \| \| \| \| \| 28 \| 541 \| \| 0 \| 25 \| \| \| \| \| \| 29 \| 543 \| \| 0 \| 24 \| \| \| \| \| \| 30 \| 562 \| \| 0 \| 15 \| \| \| \| \| \| 31 \| 572 \| \| 0 \| 46 \| \| \| \| \| \| 32 \| 575-1 \| \| 0 \| 26 \| \| \| \| \| \| \| 2 \| \| 0 \| 23 \| \| \| \| \| \| \| 3-2 \| \| 0 \| 67 \| \| \| \| \| \| 33 \| 415-2-A \| \| 0 \| 98 \| \| \| \| \| \| \| 2-C \| \| 0 \| 58 \| \| \| \| \| \| 34 \| 561 \| \| 0 \| 24 \| \| \| \| \| \| \| \| Total \| 1,632 \| 85 \| \| \| \| \| T.T. Mottur \| 1 \| 182 \| \| 7 \| 22 \| \| \| \| \| \| 2 \| 66-1 \| \| 0 \| 38 \| \| \| \| \| \| 3 \| 66-3 \| \| 0 \| 85 \| \| \| \| \| \| 4 \| 66-4 \| \| 0 \| 13 \| \| \| \| \| \| 5 \| 74 \| \| 5 \| 20 \| \| \| \| \| \| 6 \| 76 \| \| 8 \| 51 \| \| \| \| \| \| 7 \| 119 \| \| 28 \| 92 \| \| \| \| \| \| \| \| Total \| 51 \| 21 \| \| \| \| \| Aravatla \| 1 \| 1-A \| \| 310 \| 82 \| \| \| \| \| \| 2 \| 1-B \| \| 82 \| 53 \| \| \| \| \| \| 3 \| 23 \| \| 25 \| 15 \| \| \| \| \| \| 4 \| 51 \| \| 49 \| 43 \| \| \| \| \| \| \| \| Total \| 467 \| 93 \| \| \| The Nilgiris \| Ootaca- mund \| Ootaca- mund (Town) \| 1 \| 32 \| \| 11 \| 97 \| 5/8 \| \| \| \| \| 2 \| 47 \| \| 3 \| 97 \| \| \| \| \| \| 3 \| 71 \| \| 0 \| 24 \| \| \| \| \| \| 4 \| 72 \| \| 2 \| 81 \| 6/8 \| \| The Nilgiris \| Ootaca- mund \| Ootaca- mund (Town) \| 5 \| 74 \| \| 5 \| 28 \| 7/8 \| \| \| \| \| 6 \| 75 \| \| 6 \| 85 \| 2/8 \| \| \| \| \| 7 \| 76 \| \| 3 \| 76 \| \| \| \| \| \| 8 \| 440 \| \| 6 \| 13 \| \| \| \| \| \| 9 \| 443-1 \| \| 0 \| 45 \| \| \| \| \| \| 10 \| 443-2 \| \| 3 \| 05 \| \| \| \| \| \| 11 \| 445 \| \| 2 \| 64 \| 2/8 \| \| \| \| \| 12 \| 446 \| \| 1 \| 01 \| \| \| \| \| \| 13 \| 447 \| \| 0 \| 73 \| 2/8 \| \| \| \| \| 14 \| 448-2-A \| \| 2 \| 63 \| 4/16 \| \| \| \| \| 15 \| 448-2-B \| \| 0 \| 64 \| \| \| \| \| \| 16 \| 448-2-C \| \| 0 \| 61 \| \| \| \| \| \| 17 \| 536-1 -A \| \| 4 \| 64 \| \| \| \| \| \| 18 \| 536-1-B \| \| 0 \| 04 \| 4/16 \| \| \| \| \| 19 \| 536-2 \| \| 1 \| 35 \| 8/16 \| \| \| \| \| 20 \| 537-1 \| \| 0 \| 66 \| 5/8 \| \| \| \| \| 21 \| 537-2 \| \| 0 \| 13 \| \| \| \| \| \| 22 \| 537-4 \| \| 0 \| 10 \| 3/8 \| \| \| \| \| 23 \| 696 \| \| 6 \| 97 \| 3/8 \| \| \| \| \| 24 \| 698 \| \| 3 \| 58 \| 6/8 \| \| \| \| \| 25 \| 723 \| \| 5 \| 59 \| 1/8 \| \| \| \| \| 26 \| 1068 \| \| 1 \| 55 \| 5/8 \| \| \| \| \| 27 \| 1069 \| \| 2 \| 14 \| 4/8 \| \| \| \| \| 28 \| 1070 \| \| 2 \| 31 \| 5/8 \| \| \| \| \| 29 \| 1071 \| \| 4 \| 01 \| 4/8 \| \| \| \| \| 30 \| 1072 \| \| 1 \| 33 \| \| \| \| \| \| 31 \| 1108-1 \| \| 0 \| 61 \| \| \| \| \| \| 32 \| 1108-2 \| \| 0 \| 60 \| \| \| \| \| \| 33 \| 1108-3 \| \| 4 \| 95 \| \| \| \| \| \| 34 \| 1122 \| \| 1 \| 72 \| 3/8 \| \| \| \| \| 35 \| 1164 \| \| 2 \| 64 \| 1/8 \| \| \| \| \| 36 \| 1550 \| \| 9 \| 71 \| 2/8 \| \| \| \| \| 37 \| 1761 \| \| 0 \| 56 \| 1/8 \| \| \| \| \| 38 \| 1762 \| \| 0 \| 36 \| 2/8 \| \| \| \| \| 39 \| 1777-1 \| \| 0 \| 04 \| 4/16 \| \| \| \| \| 40 \| 1772-2 \| \| 0 \| 83 \| 6/16 \| \| \| \| \| 41 \| 1780-1 \| \| 1 \| 11 \| \| \| \| \| \| 42 \| 1780-2 \| \| 4 \| 15 \| 5/18 \| \| \| \| \| 43 \| 1805 \| \| 0 \| 30 \| \| \| \| \| \| 44 \| 2713-1 \| \| 0 \| 37 \| 9/16 \| \| \| \| \| 45 \| 2713-2 \| \| 0 \| 10 \| 1/16 \| \| \| \| \| 46 \| 2179 \| \| 6 \| 37 \| \| \| \| \| \| 47 \| 3063-1 \| \| 27 \| 99 \| \| \| The Nilgiris \| Ootacamund \| Ootacamund (Town) \| 48 \| 3063-1 \| \| 4 \| 50 \| \| \| \| \| \| 49 \| 3087-1 \| \| 21 \| 61 \| 4/16 \| \| \| \| \| 50 \| 3087-2 \| \| 1 \| 00 \| \| \| \| \| \| 51 \| 3087-3 \| \| 5 \| 24 \| 2/8 \| \| \| \| \| 52 \| 3100 \| \| 9 \| 46 \| \| \| \| \| \| 53 \| 3816 \| \| 1 \| 58 \| 5/8 \| \| \| \| \| 54 \| 3822 \| \| 0 \| 28 \| 4/8 \| \| \| \| \| 55 \| 3826 \| \| 0 \| 13 \| \| \| \| \| \| 56 \| 3827 \| \| 0 \| 12 \| 1/8 \| \| \| \| \| 57 \| 3862 \| \| 6 \| 54 \| 1/8 \| \| \| \| \| 58 \| 3869-1 \| \| 10 \| 62 \| 5/16 \| \| \| \| \| 59 \| 3869-2 \| \| 0 \| 05 \| 4/16 \| \| \| \| \| 60 \| 3907-1 \| \| 1 \| 55 \| 1/16 \| \| \| \| \| 61 \| 3907-2 \| \| 5 \| 24 \| 13/16 \| \| \| \| \| 62 \| 3931 \| \| 2 \| 31 \| 5/8 \| \| \| \| \| 63 \| 3965 \| \| 1 \| 97 \| 2/8 \| \| \| \| \| 64 \| 4036 \| \| 0 \| 23 \| \| \| \| \| \| 65 \| 4039 \| \| 1 \| 66 \| \| \| \| \| \| 66 \| 4040-1 \| \| 0 \| 83 \| 13/16 \| \| \| \| \| 67 \| 4040-2-A \| \| 0 \| 90 \| 11716 \| \| \| \| \| 68 \| 4040-2-B \| \| 0 \| 29 \| 1/16 \| \| \| \| \| 69 \| 4040-3 \| \| 0 \| 65 \| 11/8 \| \| \| \| \| 70 \| 4045 \| \| 1 \| 35 \| 2/8 \| \| \| \| \| 71 \| 4047 \| \| 0 \| 27 \| 5/8 \| \| \| \| \| 72 \| 4057 \| \| 0 \| 25 \| 7/8 \| \| \| \| \| 73 \| 4058 \| \| 0 \| 36 \| 1/8 \| \| \| \| \| 74 \| 4065 \| \| 3 \| 06 \| 4/8 \| \| \| \| \| 75 \| 4073 \| \| 0 \| 43 \| 2/8 \| \| \| \| \| 76 \| 4095 \| \| 1 \| 15 \| \| \| \| \| \| 77 \| 4111 \| \| 0 \| 80 \| 7/8 \| \| \| \| \| 78 \| 4113 \| \| 2 \| 16 \| 2/8 \| \| \| \| \| 79 \| 4116 \| \| 0 \| 15 \| 2/8 \| \| \| \| \| 80 \| 4119 \| \| 0 \| 02 \| 6/8 \| \| \| \| \| 81 \| 4129 \| \| 2 \| 00 \| 6/8 \| \| \| \| \| 82 \| 4144 \| \| 0 \| 83 \| \| \| \| \| \| 83 \| 4267 \| \| 2 \| 13 \| 1/8 \| \| \| \| \| 84 \| 4269 \| \| 8 \| 71 \| 1/8 \| \| \| \| \| 85 \| 4326 \| \| 1 \| 22 \| \| \| \| \| \| 86 \| 4327 \| \| 2 \| 00 \| \| \| \| \| \| 87 \| 4329 \| \| 2 \| 05 \| 2/8 \| \| The Nilgiris \| Ootacamund \| Ootacamund (Town) \| 88 \| 4339 \| \| 1 \| 40 \| \| \| \| \| \| 89 \| 4341 \| \| 0 \| 22 \| 1/8 \| \| \| \| \| 90 \| 4365-1 \| \| 2 \| 66 \| 1/016 \| \| \| \| \| 91 \| 4365-2 \| \| 0 \| 00 \| 6/16 \| \| \| \| \| 92 \| 4376 \| \| 38 \| 28 \| \| \| \| \| \| 93 \| 4942 \| \| 20 \| 17 \| \| \| \| \| \| 94 \| 4946 \| \| 1 \| 95 \| \| \| \| \| \| 95 \| 113-1-A \| \| 3 \| 15 \| \| \| \| \| \| 96 \| 113-1-B \| \| 3 \| 16 \| \| \| \| \| \| 97 \| 113-1-C \| \| 3 \| 16 \| \| \| \| \| \| 98 \| 113-1-D \| \| 3 \| 16 \| \| \| \| \| \| 99 \| 113-1-E \| \| 3 \| 16 \| \| \| \| \| Thaneri \| \| 115 \| \| 3 \| 00 \| \| \| \| \| Mulligur \| \| 200 \| \| 2 \| 40 \| \| \| \| \| Burliar \| \| 39 \| \| 0 \| 03 \| \| \| \| \| Yedapalli \| \| 96 \| \| 1 \| 01 \| \| \| \| \| Kodanad \| 1 \| 151 \| \| 8 \| 14 \| \| \| \| \| \| 2 \| 146 \| \| 2 \| 07 \| \| \| \| \| \| 3 \| 149 \| \| 4 \| 93 \| \| \| \| \| Kotagiri \| 1 \| 1231 \| \| 0 \| 34 \| \| \| \| \| \| 2 \| 1206 \| \| 41 \| 45 \| \| \| \| \| Ketty \| 1 \| 672-3 \| \| 2 \| 61 \| \| \| \| \| \| 2 \| 673-2 \| \| 6 \| 00 \| \| \| \| \| \| 3 \| 674-2 \| \| 3 \| 02 \| \| \| \| \| \| 4 \| 693-2 \| \| 6 \| 27 \| \| \| \| \| \| 5 \| 694-2 \| \| 0 \| 78 \| \| \| \| \| \| 6 \| 695 \| \| 8 \| 39 \| \| \| \| \| \| 7 \| 696-2 \| \| 3 \| 55 \| \| \| \| \| \| 8 \| 697-2 \| \| 2 \| 04 \| \| \| \| \| \| 9 \| 698-1 \| \| 2 \| 02 \| \| \| \| \| \| 10 \| 692-2 \| \| 0 \| 72 \| \| \| \| \| \| 11 \| 699 \| \| 3 \| 59 \| \| \| \| \| \| 12 \| 700-2 \| \| 0 \| 78 \| \| \| \| \| \| 13 \| 701 \| \| 7 \| 45 \| \| \| \| \| \| 14 \| 702-1 \| \| 10 \| 22 \| \| \| \| \| \| 15 \| 703-1 \| \| 5 \| 01 \| \| \| \| \| \| 16 \| 704-2 \| \| 5 \| 09 \| \| \| \| \| \| 17 \| 706 \| \| 1 \| 84 \| \| \| \| \| \| 18 \| 707 \| \| 7 \| 80 \| \| \| \| \| \| 19 \| 710-3 \| \| 1 \| 14 \| \| \| \| \| \| 20 \| 711-2 \| \| 8 \| 43 \| \| \| \| \| \| 21 \| 712 \| \| 3 \| 64 \| \| \| 1 \| \| \| \| \| \| \| \| \| \| The Nilgiris \| Coonoor \| Ootacamund (Town) \| 22 \| 713-1 \| \| 7 \| 34 \| \| \| \| \| \| 23 \| 714-1 \| \| 3 \| 06 \| \| \| \| \| \| 24 \| 715 \| \| 17 \| 42 \| \| \| \| \| \| 25 \| 716-1 \| \| 20 \| 76 \| \| \| \| \| \| 26 \| 716-4 \| \| 9 \| 16 \| \| \| \| \| \| 27 \| 717 \| \| 3 \| 75 \| \| \| \| \| \| 28 \| 718 \| \| 8 \| 58 \| \| \| \| \| \| 29 \| 720 \| \| 3 \| 23 \| \| \| \| \| \| 30 \| 721-1 \| \| 5 \| 91 \| \| \| \| \| \| 31 \| 721-2 \| \| 1 \| 83 \| \| \| \| \| \| 32 \| 722-2 \| \| 0 \| 49 \| \| \| \| \| \| 33 \| 724-2 \| \| 6 \| 35 \| \| \| \| \| \| 34 \| 727-1 \| \| 0 \| 34 \| \| \| \| \| \| 35 \| 730-1 \| \| 0 \| 09 \| \| \| \| \| \| 36 \| 743-3 \| \| 1 \| 69 \| \| \| \| \| \| 37 \| 722-1 \| \| 1 \| 68 \| \| \| \| \| \| 38 \| 708-1 \| \| 0 \| 86 \| \| \| \| \| \| 39 \| 708-2 \| \| 3 \| 24 \| \| \| \| \| \| 40 \| 709 \| \| 19 \| 55 \| \| \| \| \| \| 41 \| 1118 \| \| 10 \| 30 \| \| \| \| \| Goonoor (Town) \| 42 \| 1119-2 \| \| 1 \| 83 \| \| \| \| \| \| 1 \| 235 \| \| 4 \| 12 \| 9/16 \| \| \| \| \| 2 \| 238 \| \| 0 \| 61 \| 2/16 \| \| \| \| \| 3 \| 1184 \| \| 0 \| 18 \| \| \| \| \| \| 4 \| 1185 \| \| 3 \| 56 \| 6/16 \| \| \| \| \| 5 \| 1194 \| \| 3 \| 92 \| 2/16 \| \| \| \| \| 6 \| 1463 \| \| 0 \| 14 \| \| \| \| \| \| 7 \| 1465 \| \| 0 \| 20 \| \| \| \| \| \| 8 \| 1939 \| \| 0 \| 53 \| 3/16 \| \| \| \| \| 9 \| 1982 \| \| 1 \| 10 \| 147 16 \| \| \| \| \| 10 \| 2115 \| \| 0 \| 82 \| \| \| \| \| \| 11 \| 2116 \| \| 0 \| 15 \| 117 16 \| \| \| \| \| 12 \| 2172 \| \| 0 \| 07 \| 6/16 \| \| \| \| \| 13 \| 2310 \| \| 2 \| 54 \| 147 16 \| \| \| \| \| 14 \| 2341 \| \| 0 \| 45 \| \| \| \| \| \| 15 \| 2707 \| \| 0 \| 05 \| \| \| \| \| \| 16 \| 635 \| \| 0 \| 45 \| 2/16 \| \| \| \| \| 17 \| 636-1-A \| \| 3 \| 47 \| 4/16 \| \| \| \| \| 18 \| 636-1-B \| \| 0 \| 12 \| \| \| \| \| \| 19 \| 636-1-C \| \| 0 \| 03 \| 8/16 \| \| The Nilgiris \| Coonoor \| Goonoor (Town) \| 20 \| 956 \| \| 1 \| 35 \| 127 16 \| \| \| \| \| 21 \| 958 \| \| 0 \| 08 \| 5/16 \| \| \| \| \| 22 \| 1651 \| \| 0 \| 06 \| 117 16 \| \| \| \| \| 23 \| 424 \| \| 0 \| 25 \| \| \| \| \| \| 24 \| 510 \| \| 2 \| 55 \| 4/16 \| \| \| \| \| 25 \| 512 \| \| 1 \| 82 \| \| \| \| \| \| 26 \| 513 \| \| 0 \| 64 \| 6/16 \| \| \| \| \| 27 \| 514 \| \| 0 \| 94 \| 10/16 \| \| \| \| \| 28 \| 515 \| \| 1 \| 33 \| 10/16 \| \| \| \| \| 29 \| 517 \| \| 3 \| 92 \| 11/16 \| \| \| \| \| 30 \| 518 \| \| 0 \| 00 \| 8/16 \| \| \| \| \| 31 \| 520 \| \| 0 \| 00 \| 5/16 \| \| \| \| \| 32 \| 522 \| \| 0 \| 01 \| 4/16 \| \| \| \| \| 33 \| 523 \| \| 0 \| 00 \| 12/16 \| \| \| \| \| 34 \| 524 \| \| 0 \| 01 \| 15/16 \| \| \| \| \| 35 \| 538 \| \| 0 \| 50 \| \| \| \| \| \| 36 \| 539 \| \| 0 \| 32 \| 6/16 \| \| \| \| \| 37 \| 114 \| \| 0 \| 78 \| 12/16 \| \| \| \| \| 38 \| 1047 \| \| 0 \| 00 \| 3/16 \| \| \| \| \| 39 \| 1159 \| \| 0 \| 87 \| 3/16 \| \| \| \| \| 40 \| 1160 \| \| 3 \| 70 \| 2/16 \| \| \| \| \| 41 \| 636.2 \| \| 0 \| 05 \| 15/16 \| \| \| \| Coonoor Village \| 1 \| 22.1 \| \| 0 \| 84 \| ... \| \| \| \| \| 2 \| 22.2 \| \| 0 \| 36 \| ... \| \| \| \| \| 3 \| 311-1 \| \| 0 \| 90 \| ... \| \| \| \| \| 4 \| 311-2 \| \| 5 \| 50 \| ... \| \| \| \| \| 5 \| 311-3 \| \| 0 \| 15 \| ... \| \| \| \| \| 6 \| 332-1 \| \| 4 \| 80 \| ... \| \| \| \| \| 7 \| 332-2 \| \| 0 \| 07 \| ... \| \| \| \| Hulical \| 1 \| 183-1 \| \| 1 \| 55 \| ... \| \| \| \| \| 2 \| 184-3 \| \| 12 \| 71 \| ... \| \| \| \| \| 3 \| 189-6 \| \| 2 \| 86 \| ... \| \| \| \| \| \| \| Total \| 690 \| 93 \| ... \| \| Salem \| Yercaud sub-taluk \| Yercaud \| 1 \| 114-1 \| \| 0 \| 34 \| ... \| \| \| \| \| 2 \| 114-2AA \| 0 \| 68 \| ... \| \| \| \| \| \| 3 \| 114-2B \| \| 1 \| 92 \| ... \| \| Salem \| Yercaud sub-taluk \| Yercaud \| 4 \| 114-2A2 \| \| 2 \| 43 \| \| \| \| \| \| 5 \| 115-1 \| \| 0 \| 53 \| ... \| \| \| \| \| 6 \| 115-2A \| \| 0 \| 36 \| ... \| \| \| \| \| 7 \| 114-2AB \| 1 \| 11 \| ... \| \| \| \| \| \| 8 \| 137-1 \| \| 0 \| 23 \| ... \| \| \| \| \| 9 \| 136 \| \| 0 \| 91 \| ... \| \| \| \| \| 10 \| 132-1A \| \| 1 \| 25 \| ... \| \| \| \| \| 11 \| 132-1B \| \| 0 \| 63 \| ... \| \| \| \| \| 12 \| 115-2B \| \| 1 \| 95 \| ... \| \| \| \| Mangalam \| \| 2-1 \| \| 11 \| 98 \| ... \| \| \| \| Athiyur \| \| 65-2 \| \| 2 \| 96 \| ... \| Part II – {\| -------------- \|- \| SI. No. \| Name of the district \| Name of the taluk \| Name of the Village \| \| T.D. Number \| Extent \|- \| Wet \| Dry \|- \| (1) \| (2) \| (3) \| (4) \| \| (5) \| (6) \| (7) \|- \| \| \| \| \| \| \| A C. \| A. C. \|- \| 1. \| Thanjavur \| Kumba- konam \| Pandallur \| \| 114 \| 3 11 \| \|- \| \| \| \| \| \| \| \| \|- \| 2 \| Do \| Do \| \| \| \| 11 13 \| \|- \| \| \| \| \| \| \| \| \|- \| 3. \| Do \| Do \| Kothangudi \| \| \| \| 21 41 \|- \| 4. \| Do \| Do \| Melaiyur \| \| \| 22 49 \| \|- \| 5. \| Do \| Do \| Tiruneelakudi \| \| \| 27 68 \| 7 14 \|- \| 6. \| Do \| Do \| Narasingampet \| \| \| 3 88 \| \|- \| \| \| \| \| \| \| 2 06 \| \|- \| 7. \| Do \| Do \| Thamdamthottam \| \| 2240 \| 65 44 \| 20 31 \|- \| 8. \| Do \| Do \| Koilamapuram \| \| 2244 \| 239 07 \| 4 16 \|- \| 9. \| Do \| Do \| Puthur \| \| Do \| 220 07 \| 22 36 \|- \| 10. \| Do \| Do \| Surianarkoil \| \| Do \| 42 88 \| 3 30 \|- \| \| \| \| \| \| \| 82 84 \| 2 33 \|- \| 11. \| Do \| Do \| Manjamalli \| \| Do \| 364 08 \| 130 20 \|- \| 12. \| Do \| Do \| Tiruvidamarudur \| \| Do \| 189 68 \| 18 07 \|- \| \| \| \| \| \| Do \| 22 53 \| 68 75 \|- \| 13. \| Do \| Mayuram \| Thiruvalaputhur \| \| Do \| 36 38 \| \|- \| 14. \| Do \| Do \| Liloy \| \| 1072 \| 32 94 \| \|- \| 15. \| Do \| Do \| Kesingan \| \| 1135 \| 30 74 \| \|- \| 16. \| \| Do \| Ivanallur \| \| 1156 \| 4 66 \| \|- \| 17. \| \| Do \| Pandur \| \| 1143 \| 4 24 \| 1 85 \|- \| 18. \| Do \| Do \| Murugamangalam \| \| 1157 \| 3 62 \| \|- \| 19. \| Thanjavur Do \| Kumba-konam Do \| Thirumanancheri Thimmanancheri \| \| 1181 \| \| \|- \| \| \| \| \| \| 1183 \| 20 07 \| 1 35 \|- \| \| \| \| \| \| 1186 \| \| \|- \| \| \| \| \| \| 1144 \| 20 07 \| \|- \| \| \| \| \| \| 1145 \| \| \|- \| 20. \| Do \| Do \| Kuthalam \| \| 1181 \| \| \|- \| \| \| \| \| \| 1183 \| 85 51 \| 1 35 \|- \| \| \| \| \| \| 1186 \| \| \|- \| 21. \| Do \| Do \| Thiruvalangadu \| \| 1168 \| \| \|- \| \| \| \| \| \| \| 21 91 \| \|- \| \| \| \| \| \| 1040 \| \| \|- \| 22. \| Do \| Do \| Thiruvaduthurai \| \| 1173 \| 10 68 \| \|- \| \| \| \| \| \| 1174 \| 120 32 \| \|- \| 23. \| Do \| Do \| Mekkirimangalam \| \| 1172 \| 203 85 \| 49 55 \|- \| 24. \| Do \| Do \| Samianallur \| \| 1043 \| 0 74 \| \|- \| \| \| \| \| \| 1187 \| \| 1 8O \|- \| 25. \| Do \| Do \| Kadalangudi \| \| 1131 \| 23 85 \| \|- \| 26. \| Do Do \| Do Do \| Thiruvilandur Thiruvilandur \| \| 1089 \| \| \|- \| \| \| \| \| \| 1090 \| 29 69 \| \|- \| \| \| \| \| \| 1091 \| \| \|- \| \| \| \| \| \| 1087 \| 249 98 \| \|- \| 27. \| Do \| Do \| Agarakirangudi \| \| \| 137 05 \| \|- \| 28. \| Do \| Do \| Uluthakuppai \| \| \| 165 99 \| 84 12 \|- \| 29. \| Do \| Do \| Manakudi \| \| 1097 \| 34 53 \| \|- \| 30. \| Do \| Do \| Mannanpandal \| \| 1114 \| 129 72 \| \|- \| \| \| \| \| \| 1118 \| \| 163 07 \|- \| 31. \| Do \| Do \| Kulichar \| \| \| 145 65 \| \|- \| 32. \| Do \| Do \| Nallathukudi \| \| 1126 \| 42 23 \| 5 01 \|- \| 33. \| Do \| Do \| Memathur \| \| 1092 \| \| \|- \| \| \| \| \| \| 1093 \| 1 99 \| \|- \| \| \| \| \| \| 1074 \| 50 83 \| \|- \| 34. \| \| Do \| Kilmathur \| \| 1057 \| 73 85 \| 12 53 \|- \| 35. \| Do \| Do \| Tiruchampalii \| \| 2104 \| 14 61 \| \|- \| 36. \| Do \| Do \| Porasalur \| \| 1127 \| 13 38 \| \|- \| 37. \| Do \| Do \| Arupathi \| \| 1122 \| 36 85 \| \|- \| \| \| \| \| \| 1123 \| 12 58 \| \|- \| 38. \| Do \| Do \| Mudikandanallur \| \| \| 6 78 \| \|- \| 39. \| Do \| Do \| Kalakastinapuram \| \| \| 5 52 \| \|- \| 40. \| \| Do \| Kalamanallur \| \| 1096 \| 56 14 \| 5 29 \|- \| \| \| Kumba- konam \| \| \| 1039 \| 20 52 \| 5 63 \|- \| 41. \| Do Do \| Do Do \| Pilaiperumanallur \| \| 1163 \| 0 77 \| \|- \| \| \| \| \| \| 1165 \| 13 33 \| 1 85 \|- \| \| \| \| \| \| 1166 \| \| 1 85 \|- \| \| \| \| \| \| 1176 \| \| \|- \| 42. \| Do \| Do \| Thiru vidakkalai \| \| 1110 \| 5 14 \| \|- \| \| \| \| \| \| 1111 \| 46 48 \| \|- \| 43. \| Do \| Do \| Guddalore \| \| 1060 \| 2 46 \| \|- \| 44. \| Do \| Do \| Pooncheri \| \| 1066 \| 6 10 \| \|- \| 45. \| \| Do \| Kilayur \| \| 1043 \| 7 96 \| \|- \| \| \| \| \| \| 1175 \| 15 97 \| \|- \| 46. \| Do \| Do \| Tholuthalangudi \| \| 1187 \| 4 26 \| \|- \| \| \| \| \| \| 1043 \| 19 88 \| \|- \| \| \| \| \| \| 1175 \| 7 66 \| \|- \| 47. \| Thanjavur \| Mayuram \| Thiruvilayattam \| \| 1064 \| 7 61 \| \|- \| 48. \| Do \| Do \| Nalladi \| \| 1062 \| 10 89 \| \|- \| 49. \| Do \| Do \| Dharmadanapuram \| \| 1132 \| 87 79 \| \|- \| 50. \| Do \| Do \| Manalmedu \| \| 1115 \| 6 34 \| \|- \| \| \| \| \| \| 1117 \| 28 20 \| \|- \| \| \| \| \| \| 1095 \| 5 25 \| \|- \| \| \| \| \| \| 1106 \| 0 89 \| \|- \| \| \| \| \| \| 116 \| 2 03 \| \|- \| 51. \| Do \| Do \| T. Manamedu \| \| 1137 \| 62 02 \| 3 47 \|- \| \| \| \| \| \| 1138 \| 75 48 \| \|- \| 52. \| Do \| Do \| Killiyur \| \| 1055 \| 6 63 \| 1 43 \|- \| \| \| \| \| \| 1065 \| 49 89 \| 5 21 \|- \| 53. \| Do \| Do \| Kothangudi \| \| 1042 \| 1 12 \| \|- \| 54. \| Do \| Do \| Eduthukatti \| \| 1052 \| 12 93 \| \|- \| 55. \| Do \| Sirkali \| Palayapalayam \| \| 553 \| 13 51 \| 1 62 \|- \| 56. \| Do \| Do \| Punganur \| \| 565 \| 139 35 \| 4 87 \|- \| \| \| \| \| \| 566 \| \| \|- \| 57. \| Do \| Do \| Edakydyavadapatti \| \| 562 \| \| \|- \| \| \| \| \| \| 590 \| \| \|- \| \| \| \| \| \| 591 \| 862 52 \| 36 78 \|- \| \| \| \| \| \| 594 \| \| \|- \| \| \| \| \| \| 595 \| \| \|- \| 58. \| Do \| Nannilam \| Melamansethi \| \| 1242 \| 277 07 \| 26 73 \|- \| 59. \| Do \| Do \| Peralam \| \| 1241 \| 178 75 \| \|- \| \| \| Abstract Wet \| \| \| Dry \| \| \|- \| \| \| A. \| C. \| \| A. \| C. \| \|- \| \| Kumbakonan 1,306 \| 96 \| \| 329 \| 49 \| \| \|- \| \| Mayuram \| 2,324 \| 96 \| \| 343 \| 81 \| \|- \| \| Sirkali \| 1,015 \| 38 \| \| 43 \| 27 \| \|- \| \| Nannilam \| 455 \| 12 \| \| 26 \| 73 \| \|- \| \| Total \| 5,102 \| 42 \| \| 743 \| 30 \| \|- \| \| Grand total \| 5,845 \| 72 acres \| \| \| \| \|}
65ba55c5ab84c7eca86eaffc	acts	State of Tamilnadu- Act ------------------------- Tamil Nadu Local Bodies Election Symbols (Reservation and Allotment) Order, 2006 ---------------------------------------------------------------------------------- TAMILNADU India Tamil Nadu Local Bodies Election Symbols (Reservation and Allotment) Order, 2006 ================================================================================== Rule TAMIL-NADU-LOCAL-BODIES-ELECTION-SYMBOLS-RESERVATION-AND-ALLOTMENT-ORDER-2006 of 2006 -------------------------------------------------------------------------------------------- * Published on 1 October 2001 * Commenced on 1 October 2001 Tamil Nadu Local Bodies Election Symbols (Reservation and Allotment) Order, 2006 Published vide Notification S.O. No. 62/2006/TNSEC/EG. No. 6(2) /373(d-2)/2006 An order to provide for specifications, reservation, choice and allotment of symbols at elections to local bodies in the State of Tamil Nadu and for matters connected therewith. Whereas, the superintendence, direction and control of all elections to local bodies in the State of Tamil Nadu are vested in the Tamil Nadu State Election Commission (hereinafter referred to as "the State Election Commission") by the Constitution of India, the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994 ), the Chennai City Municipal Corporation Act, 1919 (Tamil Nadu Act IV of 1919), the Madurai City Municipal Corporation Act, 1971 (Tamil Nadu Act XV of 1971), the Coimbatore City Municipal Corporation Act, 1981 (Tamil Nadu Act XXV of 1981), the Tiruchirapalli City Municipal Corporation Act, 1994 (Tamil Nadu Act 27 of 1994), the Tirunelveli City Municipal Corporation Act, 1994 (Tamil Nadu Act 28 of 1994), the Salem City Municipal Corporation Act, 1994 (Tamil Nadu Act 29 of 1994) and the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920) (hereinafter referred to as "the Acts"); And Whereas, it is necessary and expedient to provide in the interest of purity of elections to the local bodies in the State of Tamil Nadu and in the interest of the conduct of such elections in a fair and efficient manner, for the specification, reservation, choice and allotment of symbols and for matters connected therewith: Now, Therefore, in exercise of the powers conferred by Articles 243K and 243ZA of the Constitution of India read with relevant sections of the Acts, and rules 33,34 and 35 of the Tamil Nadu Panchayats (Elections) Rules, 1995, rules 31,32 and 33 of the Tamil Nadu Town Panchayats, Third Grade Municipalities, Municipalities and Corporations (Elections) Rules, 2006 and, in pursuance of the orders of Hon'ble High Court dated 1st October 2001 on the Writ Petition Nos. 17248,17685,17886, 17893,17984 and 18095 of 2001 and the orders of the Hon'ble High Court dated 23rd August 2006 oh the Writ Appeal Nos. 2226 to 2229/2001 filed by the Tamil Nadu State Election Commission and in supersession of the State Election Commission's Notification No. 14A published at pages 1 to 18 of Part VI-Section 2 of the Tamil Nadu Government Gazette, dated 11.4.2001, the State Election Commission hereby makes the following order: - ### 1. Short title, application and commencement. (1) This Order may be called the Tamil Nadu Local Bodies Election Symbols (Reservation and Allotment) Order, 2006. (2) It shall apply to all elections held under the Acts. (3) It shall come into force at once. ### 2. Definition and Interpretation. (1) In this Order, unless the context otherwise requires, - (a) "Contested election" means an election where a poll is taken; (b) "Election" means an election held under the Acts; (c) "Form" means a form appended to this Order; (d) "Free symbol" means a symbol other than a reserved symbol; (e) "Government means the Government of Tamil Nadu; (f) "Local bodies" means arid includes all the Village Panchayats, Panchayat Unions, District Panchayats, Town Panchayats, Third Grade Municipalities, Municipalities and Municipal Corporations; (g) "Ordinary election" means an election held to fill up a vacancy occurring by efflux of time; and (h) "Political party" means an association or a body of individual citizens of India registered with the Election Commission of India as a political party under Section 29A of Representation of the People Act, 1951. (i) "Reserved symbol" means a symbol which is reserved by the Election Commission of India for exclusive allotment to a contesting candidate set up by a recognised political party. (j) "Recognised political parties" means and includes every political party which has been recognised by the Election Commission of India as a National Party or as a State Party in the State of Tamil Nadu under the Election Symbols (Reservation and Allotment) Order, 1968; (k) "Registered- Unrecognised political party" means and includes - (i) every political party which had previously been recognised by the Election Commission of India as a National Party under the Election Symbols (Reservation and Allotment) Order, 1968 and subsequently lost its status as National Party; (ii) every political party which has been recognised by the Election Commission of India as a State Party in any State other than Tamil Nadu under the Election Symbols (Reservation and Allotment) Order, 1968; and (iii) every political party having its head Office in the State of Tamil Nadu which is registered with the Election Commission of India but not recognised either as a National Party or as a State Party in Tamil Nadu by the Election Commission of India under the Election Symbols (Reservation and Allotment) Order 1968; (2) Words and expressions used but not defined in this Order but defined in the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994 ) or the rules made thereunder or in the Chennai City Municipal Corporation Act, 1919 (Tamil Nadu Act IV of 1919) or in the Madurai City Municipal Corporation Act, 1971 (Tamil Nadu Act XV of 1971) or in the Coimbatore City Municipal Corporation Act, 1981 (Tamil Nadu Act XXV of 1981) or in the Tiruchirapalli City Municipal Corporation Act, 1994 (Tamil Nadu Act 27 of 1994) or in the Tirunelveli City Municipal Corporation Act, 1994 (Tamil Nadu Act 28 of 1994) or in the Salem City Municipal Corporation Act, 1994 (Tamil Nadu Act 29 of 1994) or in the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920) or rules made thereunder shall have the meaning respectively assigned to them in those Acts and rules. (3) In the absence of such definitions, the Tamil Nadu General Clauses Act, 1891 (Tamil Nadu Act 1 of 1891 ) shall, as far as may be, apply in relation to the interpretation of this Order as it applies in relation to the interpretation of a Tamil Nadu Act. ### 3. Notification by the State Election Commission of elections to be held on party-basis. - For the purposes of this Order, the State Election Commission shall, in consultation with the Government, notify from time to time the election or elections which shall be held on party-basis and the election or elections which shall not be held on party-basis. ### 4. Notification by the State Election Commission of the list of recognised political parties and their symbols, the list of registered -unrecognised political parties and the list (s) of free symbols. - The State Election Commission shall notify from time to time a list of recognised political parties, the symbols respectively reserved for them and a list of registered - unrecognised political parties and the list or lists of free symbols. ### 5. Allotment of Symbols. - In every contested election, a symbol shall be allotted to a contesting candidate in accordance with the provisions of this Order and different symbols shall be allotted to different contesting candidates. ### 6. Allotment of Symbols in Elections not held on party-basis. (1) In every contested election not held on party-basis, symbols shall be allotted to the candidates in the sequence of the symbols in the list of free symbols meant for that election by drawing lots. Example. - If election of member of a ward of a Village Panchayat is not held on party-basis and if there are five candidates and if the first five symbols in the list are, say, (1) "Wall Clock", (2) "Bucket", (3) "Key", (4) "Comb" and (5) "Maize", then these five symbols should be taken for allotment and assigned to the five candidates by drawing lots. The candidate whose name is drawn first shall get the symbol "Wall Clock" and the candidate whose name is drawn next shall get the symbol "Bucket" and so on. If there had been only three candidates in the above example, only "Wall Clock", "Bucket" and "Key" could be allotted in that order. (2) In such election, the allotment of symbol shall be done only by drawing lots even if the contesting candidates agree among themselves upon their symbols. ### 7. Allotment of Symbols in Elections held on party basis. (1) In an election held on party-basis, a candidate set up by a recognised political party shall choose, and shall be allotted, the symbol reserved for that party and no other symbol: Provided that when there are conflicting claims for any such reserved symbol due to defect of substantial character either in the nomination paper or in Form B or Form C filed, none of the claimants shall be allotted that reserved symbol and all the claimants shall be treated as independent candidates and allotted the free symbols left after allotting to all other candidates in that election: Provided further that no reserved symbol shall be sought or allotted in an Election, to any candidate other than a candidate set up by a recognised political party to which that symbol has been reserved, even if no candidate has been set tip by that recognised political party in that election. (2) Choice of symbol by candidates set up by registered-unrecognised political parties and by independent candidates. - Every independent candidate, shall declare in the nomination paper first filed by him or on his behalf, his choice of three free symbols from the list of free symbols for that election indicating the order of his preference. Every candidate who is set up by the registered unrecognised political party shall declare in the nomination paper first filed by him or on his behalf, his choice of three free symbols collectively from the list of free symbols notified for the party based elections. The symbols shall be allotted in accordance with the procedure laid down below: - (a) The allotment of symbols shall be considered in the order of preference made by the candidates, that is to say, the first preference of the candidates will be considered first, the second preference next and the third preference last: Provided that the allotment of symbols to candidates set up by the registered - unrecognised political parties shall be completed first and only thereafter the allotment of symbol to the independent candidates shall be taken up and allotted from among the remaining free symbols. (b) Where a free symbol has been sought for by only one candidate set up by a registered - unrecognised political party, as his first choice, it shall be allotted to that candidate and to no one else. If any free symbol has been sought for by more than one candidate set up by the registered -unrecognised political parties, the allotment of that symbol shall be decided by drawing a lot among these candidates and the candidate whose name is drawn first shall be allotted that symbol. (c) If any candidate set up by registered - unrecognised political party could not be allotted the symbol sought for in his first preference in the lot, he shall be considered for allotment of the free symbol sought for, as his second preference. Should the second choice of symbol could also not be allotted, due to, conflicting claims for that symbol and failure in the lot, he shall be considered for the allotment of the free symbol of his third preference. Even if this could not be allotted, he should be allotted by drawing a lot, any one of the free symbols left after allotting to other candidates set up by the registered - unrecognised political parties in accordance with the procedure set out above. (d) After completing the allotment of free symbols to all the candidates set up by the registered - unrecognised political parties, the remaining free symbols shall be allotted to the independent candidates in accordance with their choice and preference by adopting the procedures for allotment of symbols to candidates set up by the registered - unrecognised political parties. ### 8. When a candidate shall be deemed to be set up by a political party. (1) For the purposes of this Order, a candidate shall be deemed to be set up by the political party if, and only if - (a) the candidate has enclosed a declaration to that effect in Form C along with the nomination paper; (b) a notice in writing in Form B to that effect has, not later than 3.00 p.m. on the last date for withdrawal of candidature, been delivered to the Returning Officer; (c) the said notice is either signed by the President, the Secretary or any other office bearer and who has been authorised by the party in this behalf or any other person who has been authorised by such office bearer, to send the notice; and (d) the communication in Form A with regard to the name and specimen signature of such authorised person are delivered to the Returning Officer not later than 3.00 p.m. on the last date for withdrawal of candidature. (2) (a) The communication in Form A shall be signed by the President, the Secretary or any other office bearer and who has been authorised by the party in this behalf to send such communication: Provided where the notice in Form B is signed by any such office bearer authorised by the Party, Form A need not be insisted upon. (b) Form C shall be signed in ink, while printed /cyclostyled /photocopies of Forms A and B with facsimile signature can be presented. ### 9. When splinter groups or rival groups claim to be that party. - If in an election to the local bodies held on party-basis, rival sections or groups of a recognised political party claim to be that party, the State Election Commission may decide on allotment of symbols to the candidates sponsored by such sections or groups and the State Election Commission's decision shall be final. ### 10. When two or more recognised political parties amalgamate into a new party. - If in an election to the local bodies held on party-basis, two or more recognised political parties join together to form a new political party but the recognition for it under the Election Symbols (Reservation and Allotment) Order, 1968, is pending before the Election Commission of India, the new party may be allotted by the State Election Commission any of the reserved symbols already allotted to the constituent parties, provided a request in writing for such an allotment is made jointly by the Chief Executive Officers of all the constituent recognised parties. ### 11. Power of State Election Commission to issue instructions and directions. - The State Election Commission may issue instructions and directions - (a) for the clarification of any of the provisions of this Order; (b) for the removal of any difficulty which may arise in relation to the implementation of any such provision; and (c) in relation to any matter with respect to the reservation and allotment of symbols for which this Order makes no provision or makes insufficient provision, and the provision is, in the opinion of the State Election Commission, necessary for the smooth and orderly conduct of elections. Form A Communication with Regard to Authorised Persons to Intimate Name of Candidate Set Up by the Recognised/registered - Unrecognised Political Party [See paragraph 8(l) (d) and 8(2)(a) of the Tamil Nadu Local Bodies Election Symbols (Reservation and Allotment) Order, 2006] From The President/Secretary/Office bearer,..........................Party,.................................................... To The Returning Officer for the Ward No...................... Panchayat Union/District Panchayat...........................Town Panchayats/Third Grade Municipality/Municipality/Municipal Corporation. Sir, Subject: Elections to ..................... Allotment of Symbols-Authorisation of persons to intimate names of candidates. In pursuance of sub-paragraphs (l) (d) and (2) (a) of paragraph 8 of the Tamil Nadu Local Bodies Election Symbols (Reservation and Allotment) Order, 2006,1 hereby communicate that the following person(s) has/have been authorised by the party, which is a Recognised political Party, to intimate the name(s) of the candidate(s) proposed to be set up by the party at the election(s) cited above. \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| Name of person authorised to send notice \| Name of Office held in the party \| The local body/ local bodies in respect of which he has been authorised \| Specimen signature of the person authorised to send notice in Form B \| \| (1) \| (2) \| (3) \| (4) \| \| 1. \| \| \| (i) \| ... \| ... \| ... \| \| \| \| \| (ii) \| ... \| ... \| ... \| \| \| \| \| (iii) \| ... \| ... \| ... \| \| 2. \| \| \| (i) \| ... \| ... \| ... \| \| \| \| \| (ii) \| ... \| ... \| ... \| \| \| \| \| (iii) \| ... \| ... \| ... \| \| 3. \| \| \| (i) \| ... \| ... \| ... \| \| \| \| \| (ii) \| ... \| ... \| ... \| \| \| \| \| (iii) \| ... \| ... \| ... \| \| 4. \| \| \| (i) \| ... \| ... \| ... \| \| \| \| \| (ii) \| ... \| ... \| ... \| \| \| \| \| (iii) \| ... \| ... \| ... \| \| 5. \| \| \| (i) \| ... \| ... \| ... \| \| \| \| \| (ii) \| ... \| ... \| ... \| \| \| \| \| (iii) \| ... \| ... \| ... \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| Place:....... \| \| \| \| \| \| Yours faithfully, \| \| Date:......... \| \| \| \| \| \| President/secretary/Office bearer \| \| \| \| \| \| \| \| ..........Party \| Seal of the Party (N.B.: This shall be delivered to the Returning Officer not later than 3.00 P.M on the last date for withdrawal of candidature) Form B Notice as to Name of Candidate Set up by the Recognised Political Party/ Registered -Unrecognised Political Party [See paragraph 8(l) (b)(c) of the Tamil Nadu Local Bodies Election Symbols (Reservation and Allotment) Order, 2006] From ..........................Party,.................................................... To The Returning Officer for the ....... Ward No.............. Panchayat Union/District Panchayat/.........................Town Panchayats/Third Grade Municipality/Municipality/Municipal Corporation. Sir, Subject: Election(s) to..........Name(s) of candidate(s) - Intimated. In pursuance of sub-paragraphs (l) (b) and (l)(c) of paragraph 8 of the Tamil Nadu Local Bodies Election Symbols (Reservation and Allotment) Order, 2006,1 hereby give notice that the following person(s) has/have been set up by our party as its candidate(s) at the ensuing Local Bodies Election. \| \| \| \| \| --- \| --- \| --- \| \| (1) \| Name of the ward/local body \| ......... \| \| (2) \| Name of the approved Candidate \| ......... \| \| (3) \| Father's/Husband's name of approved candidate. \| ......... \| \| (4) \| Postal address of approved candidate. \| ......... \| \| (5) \| Name of the substitute candidate \| ......... \| \| (6) \| Father's/Husband's name of substitute candidate \| ......... \| \| (7) \| Postal address of substitute candidate. \| ......... \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| Place:....... \| \| \| \| \| \| Yours faithfully, \| \| Date:......... \| \| \| \| \| \| President/secretary/Office bearer \| \| \| \| \| \| \| \| ..........Party \| Seal of the Party N.B.: (1) A substitute candidate shall step-in the event of the approved candidate's nomination being rejected on scrutiny or his withdrawing from the contest. (2) This shall be delivered to the Returning Officer not later than 3.00 P.M. on the last date for withdrawal of candidature. Form C Declaration by a Candidate Set up by the Recognised Political Party/registered -Unrecognised Political Party (See paragraph 8(l) (a) of the Tamil Nadu Local Bodies Election Symbols (Reservation and Allotment) Order, 2006) I, a candidate for the election of member/Councillor to the ward ......... of Panchayat Union/District Panchayat/Town Panchayat/Third Grade Municipality/Municipality/ Municipal Corporation/hereby declare that I have been set up, at this election by ................ Party, which is a recognised political party/registered - unrecognised political party. Signature of the CandidatePlace:Date: N.B.: Form shall be signed in ink.
65b9dff8ab84c7eca86ea289	acts	State of Assam - Act ---------------------- The Code of Civil Procedure (Assam Amendment) Act, 1953 --------------------------------------------------------- ASSAM India The Code of Civil Procedure (Assam Amendment) Act, 1953 ========================================================= Act 8 of 1953 --------------- * Published on 18 April 1953 * Commenced on 18 April 1953 The Code of Civil Procedure (Assam Amendment) Act, 1953 (Assam Act 8 of 1953 ) Last Updated 11th February, 2020 [Dated 18th April, 1953] [Received the assent of the President on the 15th April, 1953] Published in the Assam Gazette, Extraordinary, dated the 18th April, 1953. An Act to amend the Civil Procedure Code, 1908 in its application to Assam Preamble. - Whereas it is expedient to amend the Code of Civil Procedure, 1908 (Act V of 1908) (hereinafter referred to as the said Code) in its application to the State of Assam in the manner hereinafter appearing: It is hereby enacted as follows: ### 1. Short title, extent and commencement. (1) This Act may be called the Code of Civil Procedure (Assam Amendment) Act, 1953. (2) It shall have the like extent as the said Code. (3) It shall come into force on the date on which the Code of Civil Procedure (Assam Amendment) Ordinance, 1952 (Ordinance I of 1952) ceases to operate. ### 2. Amendment of Section 123 of the Code of Civil Procedure, 1908. - For Clause (a) of sub-section (2) of Section 123 of the said Code the following shall be substituted, namely: "(a) three Judges of the High Court established at the town at which such committee is constituted; provided that the Chief Justice may appoint only two Judges of the High Court on the committee if the number of Judges of the High Court does not exceed three".
65b9953eab84c7eca86e963f	acts	State of Meghalaya - Act -------------------------- The Meghalaya Adaptation of Laws Order (No. 4), 1973 ------------------------------------------------------ MEGHALAYA India The Meghalaya Adaptation of Laws Order (No. 4), 1973 ====================================================== Rule THE-MEGHALAYA-ADAPTATION-OF-LAWS-ORDER-NO-4-1973 of 1973 --------------------------------------------------------------- * Published on 1 April 1972 * Commenced on 1 April 1972 The Meghalaya Adaptation of Laws Order (No. 4), 1973 Last Updated 19th February, 2020 Whereas by Section 79 of the North-Eastern Areas (Re-organisation) Act, 1971 (Central Act 81 of 1971), for the purpose of facilitating the application of any law in relation to the State of Meghalaya, the Government of the State of Meghalaya as the appropriate Government is empowered by Order to make such adaptations and modifications of the law, whether by way of repeal or amendment, as may be necessary or expedient; Now, therefore, in exercise of the power aforesaid, the Government of the State of Meghalaya hereby makes the following Order, namely; ### 1. This Order may be called the Meghalaya Adaptation of Laws Order (No. 4), 1973. (2) It shall be deemed to have come into force on the 21st day of January, 1972. ### 2. In this Order "Law" includes any enactment, order, rule, notification or other instrument having the force of law in the whole or any part of the territories comprised within the State of Meghalaya. ### 3. As from the 21st day of January, 1972 the laws mentioned in this Order with the amendments to which they have been subjected before the 21st day of January, 1972, shall, until altered, repealed, or amended by a competent Legislature or other competent authority have effect subject to the adaptations, exceptions, and modifications directed by the Schedule. ### 4. The provisions of this Order which have the effect of modifying the aforesaid law so as to alter the manner in which, the authority by which, or the law under or in accordance with which, any powers are exercisable, shall not render invalid any notification, order, commitment, attachment, or rule duly made or issued or anything done before the said 21st day of January, 1972 and any such notification, order, commitment, attachment, rule, or thing may be revoked, varied or undone in the like manner, to the extent and in the circumstances as if it had been made, issued or done after the commencement of this Order by the competent authority and under and in accordance with the provision then applicable to such a case. ### 5. Nothing in this Order shall affect the previous operation of, or anything duly done or suffered under, the aforesaid laws or any right, privilege, obligation, or liability already acquired, accrued or incurred under such laws or any penalty, forfeiture or punishment incurred in respect of offence already committed against such laws. The Schedule [See paragraph 3] Adaptations, Modifications, etc A-General Whenever an expression mentioned in Col. (1) of the Table below occurs in any of the laws mentioned in the Schedule, there shall be substituted therefor the expression set opposite to it in Col. (2) of the Table : Table \| \| \| \| \| --- \| --- \| --- \| \| \| 1 \| 2 \| \| 1. \| Assam \| Meghalaya. \| \| 2. \| Governor, Governor of Assam or Governor of Assam exercising his functions as Governor in relation to Meghalaya \| Governor of Meghalaya. \| \| 3. \| Meghalaya \| "Meghalaya" which expression shall stand unmodified and shall stand unmodified and shall mean the State of Meghalaya. \| \| 4. \| Official Gazette \| "Official Gazette", which expression shall stand unmodified and shall mean the Gazette of Meghalaya. \| \| 5. \| State, the State, the State of Assam and the Assam State (except where it occurs in the expressions State Government or inter-State of inter-State or Government) \| Meghalaya. \| \| 6. \| Government, State Government, State Government, of Assam, Assam Government, Government of Assam or Government of Meghalaya \| Government of Meghalaya. \| B-Special The Assam Amusements and Betting Tax Act, 1939 (Assam Act 6 of 1939), Section 1. (i) For sub-section (1), substitute- "(1) This Act may be called the Meghalaya Amusements and Betting Tax Act". (ii) Omit sub-sections (2) and and (3). Section 14. Omit Clauses (3A) and (7) . Section 18. Omit sub-sections (3) , (4) and (5). The Meghalaya Amusements and Betting Tax Act (Act of the Autonomous State of Meghalaya), Section 1. (i) For sub-section (1) substitute- "(1) This Act may be called the Meghalaya Amusements and Betting Tax Act". (ii) Omit sub-section (2). The Assam Passengers and Goods Taxation Act, 1962 (Assam Act 16 of 1962). Section 1. (i) For sub-section (1), substitute- "(1) This Act may be called the Meghalaya Passengers and Goods Taxation Act". (ii) Omit sub-sections (2) and (3). The Meghalaya Passengers and Goods Taxation Act (Act of the Autonomous State of Meghalaya), Section 1. Omit sub-section (3) . The Assam Agricultural Income Tax Act, 1939 (Assam Act 9 of 1939). Preamble. For "the Province of Assam" substitute "Meghalaya". Section 1. Omit sub-section (2) . Sections 3 and 6. As on and from 1st April, 1972, the words "Assam Finance Acts" occurring in the sections shall be substituted and shall be deemed to have been substituted by the words "Meghalaya Finance Acts". Omit Section 11. The Meghalaya Agricultural Income-Tax Act (Act of the Autonomous State of Meghalaya). Section 1. Omit sub-section (2) . Sections 3 and 6 As on and from 1st April, 1972, the words "Assam Finance Acts" occurring in the sections shall be substituted and shall be deemed to have been substituted by the words "Meghalaya Finance Acts". Section 24. In sub-section (1) for "Commissioner of Taxes" substitute "Assistant Commissioner of Taxes".
65b99a07ab84c7eca86e96d3	acts	State of Haryana - Act ------------------------ The East Punjab Agricultural Pests, Diseases and Noxious Weeds Act, 1949 -------------------------------------------------------------------------- HARYANA India The East Punjab Agricultural Pests, Diseases and Noxious Weeds Act, 1949 ========================================================================== Act 4 of 1949 --------------- * Published on 23 March 1949 * Commenced on 23 March 1949 The East Punjab Agricultural Pests, Diseases and Noxious Weeds Act, 1949 East Punjab Act 4 of 1949 Statement of Objects and Reasons. - As a result of work carried out by the Provincial Department of Agriculture for the protection of crop and fruit plants against damage from insect pests, plant diseases, flowering parasites and noxious weeds, simple and effective measures have been devised. In order to control these enemies of the farmers which result in heavy financial loss running into crores of rupees, the Agriculture Department has been carrying on intensive propaganda in the affected areas and has been helping the cultivators in adopting the control measures. Owing to apathy on the part of some cultivators, however, in the absence of real co-ordinated effort it has not been possible so far to eradicate these pests, diseases and weeds effectively. No measures against these pests are likely to succeed unless they are simultaneously brought into operation by all the cultivators concerned. It is, therefore, absolutely essential for the Government of the East Punjab to take powers to coerce the recalcitrant minority which sets itself in opposition against any progressive movement. The legislation proposed now is intended to facilitate the execution of such beneficial schemes for improvement. Vide East Punjab Government Gazette Extraordinary, dated the 8th October, 1949, p. 590. Received the assent of His Excellency the Governor of East Punjab on the 23rd March 1949, and was first published in the East Punjab Gazette Extraordinary, dated the 25th March, 1949. An Act to provide for the prevention of the introduction, spread and reappearance of [pests] [Substituted for the word 'insect pests' by the Punjab Act, 2 of 1951, section 2.] , plant diseases and noxious weeds injurious to crops, plants or trees in [the State of Haryana] [Substituted for the word by the Adaptation of Laws Order, 1968.] . It is herein enacted as follows :- Part I – Preliminary ---------------------- ### 1. Short title and extent. (1) This Act may be called the East Punjab Agricultural Pests Diseases and Noxious Weeds Act, 1949. (2) It extends to the whole of the [State] [Substituted for the word 'Province' by the Adaptation of Laws Order, 1950.] of [Haryana] [Substituted by the Adaptation of Laws Order, 1968.] . ### 2. Definitions. - In this Act unless there is anything repugnant in the subject or context,- (1) [ "Pest" means any insect vertebrate or invertebrate animal declared to be pest by notification under section 3] [Substituted for the old clause by Punjab Act 2 of 1951, Section 3.] ; (2) "Inspector" means an inspector appointed under section 10; (3) "Notified Area" means any area specified in the notification issued under section 3 in which a declaration made under the said section shall remain in force; (4) "noxious weed" means any weed declared to be a noxious weed by notification under section 3; (5) "occupier" means the person having for the time being the right of occupation of any land or premises or his authorised agent or any person in actual occupation of the land or premises and includes a local authority having such right of occupation or in such actual occupation; (6) "plant" includes all agricultural or horticultural crops, trees, bushes or herbs, or the seed, fruit or any other part thereof which is used for food of man or beast or for any purposes in connection with art or manufacture; (7) "plant disease" means any fungoid, bacterial virus, parasitical or other disease declared to be a plant disease by notification under section 3; (8) "prescribed" means prescribed by rules made under this Act. Part II – [Pests] [Substituted for the word 'insect pest' by Punjab Act 2 of 1951, Section 2.] , Plant Diseases and Noxious Weeds ----------------------------------------------------------------------------------------------------------------------------------------- ### 3. Power to declare insect, vertebrate or invertebrate animals, plant diseases and noxious weeds and direct measures to eradicate or prevent them. - Whenever it appears to the [State] Government that any [insect, vertebrate or invertebrate animal] [Substituted for the word 'pest' by Punjab Act 2 of 1951, section 3(a) .] disease or weed is injurious to plants in any local area and that it is necessary to take measures to eradicate such [insect, vertebrate or invertebrate animal] [Substituted for the word 'pest' by Punjab Act 2 of 1951, section 3(a) .] disease or weed or to prevent its introduction, spread or re-appearance, the [State] Government may by notification in the official Gazette - (i) [ declare such insect, vertebrate or invertebrate animal to be a pest or such disease or weed to be a plant disease or noxious weed, respectively] [Substituted for the old clause by Punjab Act 2 of 1951, section 4 (b) .] . (ii) specify the local area within which and the period during which such declaration shall remain in force; (iii) prohibit or restrict the movement or removal of any plant, earth, soil manure or other thing from one place to another; (iv) direct the carrying out of such preventive or remedial measures, including the destruction of any [pest] [Substituted for the word 'insect pest' by Punjab Act 2 of 1951, section 2.] , plant disease or noxious weed or any plant as the [State] Government may deem necessary, in order to eradicate such pest, disease or weed, or to prevent its introduction, spread or re- appearance; and (v) prescribe the period within which it shall not be lawful to plant with a specified crop in the whole or any portion of the notified area. ### 4. Duties of occupier on the issue of a notification under section 3. (1) On the issue of a notification under section 3, every occupier within the notified area shall be bound to carry out the preventive or remedial measures mentioned in such notification. (2) [ Notwithstanding anything contained in this Act, in the event of any area being invaded, or in danger of an invasion, by locusts, the Collector of the district or other officer authorised by him in this behalf may call upon any male person not below the age of 14 years resident in the district to render all possible assistance in carrying out preventive or remedial measures and in the destruction of locusts] [Added by Punjab Act 2 of 1951, Section 5.] ; Provided as follows :- (i) No person who is by virtue of old age or any physical disability incapable of rendering assistance or who lives at a distance of more than five miles from the place where his presence is required, shall be called upon to render any such assistance; (ii) it shall not be necessary to notify every person individually for his services, and a proclamation by beat of drum or other customary mode in the village or locality shall be deemed sufficient notice to all affected persons residing in that village or locality. (3) Any person who fails to render the assistance required of him under sub- section (2) shall, on conviction [-] [The words 'by a Magistrate', omitted by Punjab Act 25 of 1964.] be punishable with fine which may extend to fifty rupees or in default to simple imprisonment for a period not exceeding ten days, and the offence shall be tried summarily as provided in section 260 of the Code of Criminal Procedure, 1898 (V of 1908). ### 5. Power of Inspector to enter upon any land or premises. - Any Inspector may, after giving the prescribed notice, enter upon any land or premises, situated in the notified area within his local jurisdiction for the purposes of ascertaining - (i) whether there is any [pest] [Substituted for the words 'insect pest' by Punjab Act, 2 of 1951, section 2.] , plant disease or noxious weed on such land or premises; and (ii) whether the preventive or remedial measures or both, as the case may require, mentioned in the notification issued under section 3 have been carried out. ### 6. Notice to occupier to carry out preventive or remedial measures. (1) If, on the inspection of any land or premises under section 5, the inspector finds that there is any [pest] [Substituted for the words 'insect pest' by Punjab Act, 2 of 1951, section 2.] , plant disease or noxious weed on such land or premises and that the preventive or remedial measures mentioned in the notification issued under section 3 have not been carried out, the Inspector may, subject to any general or special orders of the [State] [Substitute for the word 'Provincial' by the Adaptation of Laws Order, 1950.] , Government, call upon the occupier of such land or premises, by notice in writing, to carry out such preventive or remedial measures within the time specified in such notice]. Clauses (2) , (3) and (4) omitted vide Haryana Act 29 of 1973. ### 6A. [ Power of the State Government to get measures carried out. [Substituted videh Haryana Act 29 of 1969.] (1) Notwithstanding anything contained in this Act, where it appears to State Government that it is necessary to take immediate measures to eradicate any pest, plant disease or noxious weed from any area notified under Section 3, it may at the expense of all the occupiers in such area, cause to be carried out such preventive or remedial measures, including the destruction of any pest, plant disease or noxious weed or any plant, as the State Government may deem necessary. (2) The cost of any measures carried out under sub-section (1) shall be payable by each occupier in such proportion as may be determined by the State Government on demand made to him within a period of thirty days from the date of such demand and, if not so paid, shall be recoverbale from him as an arrear of land revenue.] ### 7. Failure to comply with notice under section 6 and power of Inspector to carry out measures. (1) If any occupier upon whom a notice has been served under sub-section (1) of section 6 does not comply with such notice within the time specified therein below [-] [The words 'therein or if an appeal has been preferred under sub-section (2) of section 6, does not comply with the order passed on such appeal within the time specified in such order' omitted vide Haryana Act 29 of 1969.] the Inspector may carry out at the expense of the occupier the preventive of remedial measures mentioned in such notice or order. ### 8. Duty of certain village officers to report appearance of pest, plant disease or noxious weeds. (1) If any [pest] [Substituted for the words 'insect pest' by the Punjab Act, 2 of 1951, section 2.] , plant disease or noxious weed appears in any village adjoining a notified area, the Patwari or Lambardar of such village shall forthwith report the fact to such officer as the [State] [Substituted for the word 'Provincial' by the Adaptation of Laws Order 1950.] Government may appoint in this behalf. (2) The officer aforesaid shall on receipt of such report and after making such further inquiry as he may deem necessary forward it to the [State] Government through the Director of Agriculture with his remarks thereon. ### 9. Offences and Penalties. (1) Whoever removes any plant, earth, soil, manure or other thing in contravention of the directions contained in a notification issued under section 3 shall, on conviction [-] [The words 'by a Magistrate' omitted by Punjab Act 25 of 1964.] be punishable with fine which may extend to Rs. 50 or in default to simple imprisonment for a period not exceeding ten days. (2) Any occupier who fails to comply with a notice given under sub-section (1) of section 6 [\\\*] [The words 'or with any order passed on appeal under sub-section 3 of Section 6' omitted vide Haryana Act 29 of 1969.] shall, on conviction [-] [The words 'by a Magistrate' omitted by Punjab Act 25 of 1964.] be punishable with fine which may extend to Rs. 50 or in default to simple imprisonment for a period not exceeding ten days. (3) Whoever having once been convicted of an offence under sub-section (1) or (2) of this section is again convicted of an offence under either of these sections shall be punishable with fine which may extend to Rs. 250 or in default to simple imprisonment not exceeding one month. Part III – General -------------------- ### 10. Appointment of Inspectors. - The [State] Government may, by notification in the Official Gazette, appoint persons as Inspectors for such local areas as may be specified in the notification. ### 11. Bar of suits or other legal proceedings. (1) No suit, prosecution or legal proceedings shall lie against the [State] [Substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government or any officer of the [State] [Substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government in respect of anything in good faith done or intended to be done under this Act or of any damage to property caused by any action taken in good faith in carrying out the provisions of this Act. (2) No prosecution under the Act shall be commenced without the previous sanction of the Collector or other officer authorised by the [State] Government in this behalf more than after three months from the date of the commission of the alleged offence. ### 12. Delegation of powers. - The powers conferred on the [State] [Substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government under this Act, may, with the exception of the powers under section 13, be delegated by the [State] Government to any officer. ### 13. Rules. (1) The [State] Government may, from time to time, make rules for the purpose of carrying into effect of the provisions of this Act. (2) In particular and without prejudice to the generality of the foregoing provision, such rules may be made for all or any of the following purposes :- (a) the form or manner of giving notice under section 5; (b) the manner of making an inquiry under section 5; (c) the method of publication of description of [pest] [Substituted for the words 'insect pest' by the Punjab Act, 2 of 1951, section 2.] , plant diseases, noxious weeds and the treatment to be followed; (d) the qualifications required of the Inspectors; (e) prescribing the officers to whom an appeal may be made and procedure to be followed in such appeal; (f) prescribing the notices and methods of service thereof, and registers needed for the effective working of the Act; and (g) generally to carry out the purposes of this Act. (3) The rules made under this section shall be subject to the condition of being made after previous publication.
65b991d4ab84c7eca86e95ee	acts	State of Meghalaya - Act -------------------------- The Khasi Hills Autonomous District Council (Court-Fees) Rules, 1976 ---------------------------------------------------------------------- MEGHALAYA India The Khasi Hills Autonomous District Council (Court-Fees) Rules, 1976 ====================================================================== Rule THE-KHASI-HILLS-AUTONOMOUS-DISTRICT-COUNCIL-COURT-FEES-RULES-1976 of 1976 -------------------------------------------------------------------------------- * Published on 14 August 1976 * Commenced on 14 August 1976 The Khasi Hills Autonomous District Council (Court-Fees) Rules, 1976 Published vide Notification No. DC/L/7/2/76/10, dated the 14th August, 1976 in the Gazette of Meghalaya dated the 24th March, 1977 Last Updated 19th February, 2020 Notification No. DC/L/VII/2/76/10, dated the 14th August, 1976. - Pursuant to paragraph 11 of the Sixth Schedule to the Constitution of India, the following Rules of the Khasi Hills Autonomous District Council are hereby published for general information: ### 1. Short title, extent and commencement. (1) These Rules may be called the Khasi Hills Autonomous District Council (Court Fees) Rules, 1976. (2) They shall extend to the whole of Khasi Hills Autonomous District. (3) [ They shall come into force with effect from 1st April, 1980. Savings. - Nothing in these rules shall apply to suits or cases or transactions instituted prior to 1st April, 1980.] [Substituted by the Khasi Hills Autonomous District Council (Court-Fees) (Amendment) Rules, 1980, Rule 2.] ### 2. Definitions. - In these Rules unless there is anything repugnant or the context otherwise requires- (a) "Court" means a Court constituted by the Khasi Hills Autonomous District Council under the Second Schedule to the Constitution of India. (b) "Executive Committee" means the Executive Committee of the Khasi Hills Autonomous District Council. (c) "Gazette" means the official Gazette of the State of Meghalaya. (d) "Khasi Hills Autonomous District Council" means the Khasi Hills Autonomous District Council as constituted under the Sixth Schedule to the Constitution of India. (e) "Judge" means the Judge of the District Council Court. (f) "Law" means any law, regulation or rules made by the Khasi Hills Autonomous District Council under the provisions of the Sixth Schedule to the Constitution of India, or any other law, regulation or rules in force in the Khasi Hills Autonomous District. (g) "Tribunal" means an election tribunal constituted by the authority of the Khasi Hills Autonomous District Council under the provisions of the United Khasi and Jaintia Hills Autonomous District (Appointment and Succession of Chiefs and Headmen) Act, 1959. ### 3. Application. - These rules shall apply to all suits, cases, appeals or proceedings before all Courts or Tribunals constituted by the Khasi Hills Autonomous District Council. ### 4. Fees on documents filed, etc., in Court. - No document of any of the kinds specified in the First or Second Schedule to these Rules as chargeable with fees shall be filed, exhibited or recorded in, or shall be received or furnished by, any Court or Tribunal constituted by the District Council in any suit, case, appeal or proceedings coming before such Court or Tribunal unless in respect of such document there has been paid as fee of an amount not less than that indicated by either of the said Schedules as the proper fee for such document. ### 5. Rate of fee in force on date of presentation to be applicable. - All fees shall be charged and paid under these Rules as the rate in force on the date on which the document chargeable to fee is or was presented. ### 6. Mode of payment of fees. - All fees referred to in Rule 4 or chargeable under these rules shall be collected by stamps or where on account of temporary shortage of stamps fees cannot be paid, and payment of fees cannot be indicated on documents by means of stamps; the fees may be paid in cash to such officer, as may be declared by the Court or Tribunal concerned who shall certify by endorsement on the document in respect of which the fee is paid, that the proper fees have been paid and state in the said endorsement the amount of the fees so paid. ### 7. Stamps to be impressed or adhesive. - The stamps used to denote any fee chargeable under these rules shall be impressed or adhesive, or partly impressed and partly adhesive, as the Executive Committee may, by notification in the Gazette from time to time, direct. ### 8. Bye-laws relating to supply, sale, etc., of stamps. (1) The Executive Committee may, from time to time, make regulations for regulating- (a) the supply of stamps to be used under these rules; (b) the number of stamps to be used for denoting any fees chargeable under these rules; (c) the renewal of damaged or spoiled stamps; (d) the keeping of accounts of all stamps unused under these rules; (e) the sale of stamps to be used under these rules, the person by whom alone such sale is to be conducted, the duties and remuneration of such persons; (f) the keeping of accounts and custody of money in respect of fees paid in cash. (2) All such regulations shall be published in the Gazette and thereupon shall have the force of law. ### 8A. [ [Inserted by the Khasi Hills Autonomous District Council (Court-Fees) (Amendment) Rules, 1980, Rule 3.] Pending the framing of bye-rules relating to the making, supply, sale, etc., of stamps, and until such time as the Executive Committee may, by notification, appoint for the use of stamps, all fees realisable under these rules either in the District Council Court or the Subordinate District Council Courts shall be in cash to be deposited at least once a week, if not earlier, by Treasury Challan to the District Fund of the Khasi Hills District Council and a Cash Book and Receipt Book shall be maintained for the said purpose, to be operated by the Sheristadar or any other officer of the Court under the orders and instruction of the Judge, Khasi Hills District Council Court. Provided that the Sheristadar or any officer entrusted with the handling of cash, issue of receipts thereof and responsibility for maintenance of the accounts shall offer a security of Rs. 500 to Rs.1,000 pledged to the Judge, Khasi Hills District Council Court.] ### 9. Penalty. - Any person appointed to sell stamps who disobeys any of the regulations made under Rule 8, and any person not so appointed who sells or offers for sale any stamp shall be punished with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both. ### 10. Procedure in case of difference as to necessity or amount of fee. (1) When any difference arises between the officer whose duty it is to see that any fee is paid under these rules and any suitor or attorney, as to the necessity of paying a fee or the amount thereof, the question shall be referred to the Court in which the difference arises, and its decision thereon shall be final, except when the question is in the opinion of such Court one of general importance, in which case it shall refer it to the final decision of the Judge. (2) The Courts concerned shall declare who shall be the officer for the purpose of sub-rule (1) of this rule and Rule 6. ### 11. Stamping documents inadvertently received. - No document which ought to bear Court Fee Stamps or for which cash payment of an equivalent amount ought to be paid under these rules shall be of any validity, unless and until it is properly stamped or an equivalent cash payment in lieu thereof is made. In case any such document is through mistake or inadvertence received, filed or used in any Court or Tribunal, without proper fees paid on it such Court or Tribunal, as the case may be, may, if it thinks fit, order that such document be stamped or the equivalent cash payment be made, whichever is applicable, and on such document being stamped or cash payment being made accordingly, the same and every proceeding relating thereto shall be as valid as if proper fees on it have been paid in the first instance. ### 12. Amended documents. - When any document is amended in order merely to correct a mistake and to make it conform to the original intention of the parties, it shall not be be necessary to impose a fresh fee. ### 13. Cancellation of stamp. - No document stamped under these rules shall be filed or acted upon in any proceeding under any law in any Court or Tribunal until the stamp has been cancelled by the officer so declared under sub-rule (2) of Rule 10 or a Certificate endorsed under Rule 6, as the case may be. ### 14. Admission in criminal matters of documents for which proper fee has not been paid. - Whenever the filing or exhibiting in a criminal matter in any Court of a document of which the proper fee has not been paid is in the opinion of such Court, necessary to prevent a failure of justice, nothing in these rules shall be deemed to prohibit, such filing or exhibition. ### 15. Power to reduce or remit fees. - The Executive Committee may, from time to time, by order notified in the Gazette reduce or remit in the whole or any part of the Territory under the administration of the Khasi Hills Autonomous District Council, all or any of the fees mentioned in the First or Second Schedule to these rules, and in like manner cancel or vary such order. ### 16. Process fees. - The Executive Committee, may, from time to time, by notification in the Gazette, fix the fees chargeable for serving and executing processes issued by the Courts in civil matters as well as criminal and, until such fixation the fees now leviable for serving and executing processes shall continue to be levied, and shall be deemed to be fees leviable under these rules. ### 17. Computation of fees payable in certain suits. - The fee payable under these rules in the suits next hereafter mentioned shall be computed as follows: (1) For money. In suits for money (including suits for damages or compensation or arrears of maintenance of annuities, or of other sums payable periodically-according to the amount claimed. (2) For maintenance and annuities. In suits for maintenance and annuities or other sums payable periodically-according to the value of the subject matter of the suit, and such value shall be deemed to be ten times the amount claimed to be payable for one year. (3) For movable property having a market value. In suits for movable property other than money where the subject matter has a market value according to such value at the date of presenting plaint. (4) In suits- (a) To enforce a right to share in joint family property. - to enforce the right to share in any property on the ground that it is joint family property; and (b) For easements - for the right to some benefits (not herein otherwise provided for) to arise out of land; and (c) For accounts - according to the amount at which the relief sought is valued in the plaint or memorandum of appeal. (5) In suits- For houses and gardens. - When the subject matter is house or garden-according to the market value of the house or garden. (6) To redeem to foreclose- In suits against a mortgage for the recovery of the property mortgaged; And in suits by a mortgagee to foreclose the mortgage; or where the mortgage is made by conditional sale to have the sale decided absolute-according to the principal money expressed to be secured by the instrument or mortgage. (7) For specific performance. - In suits for specific performance- (a) of a contract for sale - according to the amount of the consideration; (b) of contract of mortgage - according to the amount agreed to be secured; (c) of contract of lease - according to the aggregate amount of the fine or premium (if any) and of the rents agreed to be paid during the first year of the term; (d) of an award - according to the amount or value of the property in dispute. (8) For possession of lands, houses and gardens. - In suits for possession of land, house and garden-according to the value of the subject matter; and such value shall be deemed to be- Where the subject matter is land, and net profits have arisen from the land during the year next before the date of presenting the plaint-fifteen times such net profits. But where no such net profits have arisen therefrom-the amount at which the Court shall estimate with reference to the value of similar lands in the neighbourhood. For house and garden. Where the subject matter is house or garden-according to the market value of the house or garden. (9) Between landlord and tenant. - In the following suits between landlord and tenant: (a) for delivery by a tenant of the counterpart of a lease; (b) to enhance the rent of a tenant having a right of an occupancy; (c) for delivery by a landlord of a lease; (d) for the recovery of immovable property from the tenant, including a tenant holding over after determination of a tenancy; (e) to contest a notice of ejectment; (f) to recover the occupancy of immovable property for which a tenant has been illegally ejected by the landlord; and (g) for abatement of rent - according to the amount of the rent of immovable property to which the suit refers, payable for the year next before the date of presenting of plaint. I --- (See Rule 4) Ad-valorem fees \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| Number \| \| \| \| Proper fee \| \| \| (1) \| \| (2) \| \| (3) \| \| "1. \| Plaint, written statement pleading a set-off or counterclaim or memorandum of appeal or of cross-objection presented to any Court or Tribunal \| \| When the amount or value of the subject-matter in dispute does not exceed one hundred rupees, for every five rupees or part thereof of such amount or value \| \| Re. 0.27 p. \| \| \| \| \| and \| \| \| \| \| \| \| When such amount or value exceeds one hundred rupees, for every ten rupees, or part thereof in excess of one hundred rupees, up to one hundred and fifty rupees \| \| Re. 0.37 p. \| \| \| \| \| and \| \| \| \| \| \| \| When such amount or value exceeds one hundred and fifty rupees, for every fifty rupees or part thereof up to one thousand rupees \| \| Re. 0.75 \| \| \| \| \| and \| \| \| \| \| \| \| When such amount or value exceeds one thousand rupees, for every one hundred rupees, or part thereof in excess of one thousand rupees up to seven thousand five hundred rupees \| \| Rs. 5.00 \| \| \| \| \| and \| \| \| \| \| \| \| When such amount or value exceeds seven thousand five hundred rupees, for every two hundred and fifty rupees, or part thereof, in excess of seven thousand five hundred rupees up to ten thousand rupees \| \| Rs. 10.00 \| \| \| \| \| and \| \| \| \| \| \| \| When such amount or value exceeds ten thousand rupees, for every five hundred rupees, or part thereof, in excess of ten thousand rupees, up to twenty thousand rupees \| \| Rs. 15.00 \| \| \| \| \| and \| \| \| \| \| \| \| When such amount or value exceeds twenty thousand rupees, for every one thousand rupees, or part thereof, in excess of twenty thousand rupees up to fifty thousand rupees \| \| Rs. 20.00 \| \| \| \| \| and \| \| \| \| \| \| \| When such amount or value exceeds fifty thousand rupees, for every five thousand rupees, or part thereof in excess of fifty thousand rupees \| \| Rs. 25.00 \| \| \| \| \| Provided that maximum fee leviable on a plaint or memorandum of appeal shall not exceed Rs. 3,000-00. \| \| \| \| 2. \| Copy of judgment or order not being or having the force of a decree \| \| (a) If the amount or value of the subject-matter is fifty or less than fifty rupees \| \| Rs. 1.10 p. \| \| \| \| \| (b) If such amount or value of the subject-matter exceeds fifty rupees. \| \| Rs. 2.20 p. \| \| 3. \| Copy of a decree or order having the force of a decree \| \| (a) If the amount or value of the subject-matter of the suit wherein such decree or order is made is fifty or less than fifty rupees \| \| Rs. 2.20 p. \| \| \| \| \| (b) If such amount or value exceeds fifty rupees: \| \| Rs. 3.30 p. \| \| 4. \| Application for review of judgment if presented before the ninetieth day from the date of the decree \| \| \| \| One-half of the fee leviable on the plaint or memorandum of appeal. \| \| 5. \| Application for review of judgment, if presented on or after the ninetieth day from the date of the decree \| \| \| \| The fee leviable on the plaint or memorandum of appeal. \| Table of rates ad valorem fees leviable on the institution of suits \| \| \| \| \| --- \| --- \| --- \| \| When the amount or value of the subject-matter exceeds \| But does not exceed \| Proper fee \| \| (1) \| (2) \| (3) \| \| Rs. \| Rs. \| Rs. Np. \| \| 00 \| 50 \| 5.00 \| \| 50 \| 70 \| 5.50 \| \| 70 \| 90 \| 6.00 \| \| 90 \| 100 \| 7.50 \| \| 100 \| 150 \| 9.00 \| \| 150 \| 200 \| 10.00 \| \| 200 \| 225 \| 12.00 \| \| 225 \| 250 \| 14.00 \| \| 250 \| 300 \| 15.00 \| \| 300 \| 310 \| 17.00 \| \| 310 \| 320 \| 19.00 \| \| 320 \| 330 \| 21.00 \| \| 330 \| 340 \| 23.00 \| \| 340 \| 350 \| 25.00 \| \| 350 \| 360 \| 26.00 \| \| 360 \| 370 \| 28.70 \| \| 370 \| 380 \| 29.00 \| \| 380 \| 390 \| 30.00 \| \| 390 \| 400 \| 31.00 \| \| 400 \| 410 \| 32.00 \| \| 410 \| 420 \| 32.50 \| \| 420 \| 430 \| 33.00 \| \| 430 \| 440 \| 33.50 \| \| 440 \| 450 \| 34.00 \| \| 450 \| 460 \| 34.00 \| \| 460 \| 470 \| 35.00 \| \| 470 \| 480 \| 36.00 \| \| 480 \| 490 \| 36.50 \| \| 490 \| 500 \| 37.00 \| \| 500 \| 510 \| 38.00 \| \| 510 \| 520 \| 39.00 \| \| 520 \| 530 \| 40.00 \| \| 530 \| 540 \| 40.50 \| \| 540 \| 550 \| 41.00 \| \| 550 \| 560 \| 42.50 \| \| 560 \| 570 \| 42.40 \| \| 570 \| 580 \| 43.00 \| \| 580 \| 590 \| 44.00 \| \| 590 \| 600 \| 45.00 \| \| 600 \| 610 \| 46.00 \| \| 610 \| 620 \| 46.50 \| \| 620 \| 630 \| 47.00 \| \| 630 \| 640 \| 48.00 \| \| 640 \| 650 \| 48.50 \| \| 650 \| 660 \| 49.00 \| \| 660 \| 670 \| 50.00 \| \| 670 \| 680 \| 51.00 \| \| 680 \| 690 \| 51.50 \| \| 690 \| 700 \| 52.00 \| \| 700 \| 710 \| 53.00 \| \| 710 \| 720 \| 54.00 \| \| 720 \| 730 \| 55.00 \| \| 730 \| 740 \| 55.50 \| \| 740 \| 750 \| 56.00 \| \| 750 \| 760 \| 57.00 \| \| 760 \| 770 \| 58.00 \| \| 770 \| 780 \| 58.50 \| \| 780 \| 790 \| 59.00 \| \| 790 \| 800 \| 60.00 \| \| 800 \| 810 \| 60.50 \| \| 810 \| 820 \| 61.00 \| \| 820 \| 830 \| 62.00 \| \| 830 \| 840 \| 63.00 \| \| 840 \| 850 \| 64.00 \| \| 850 \| 860 \| 64.50 \| \| 860 \| 870 \| 65.00 \| \| 870 \| 880 \| 66.00 \| \| 880 \| 890 \| 67.00 \| \| 890 \| 900 \| 67.50 \| \| 900 \| 910 \| 68.00 \| \| 910 \| 920 \| 69.00 \| \| 920 \| 930 \| 70.00 \| \| 930 \| 940 \| 70.50 \| \| 940 \| 950 \| 71.00 \| \| 950 \| 960 \| 72.00 \| \| 960 \| 970 \| 73.00 \| \| 970 \| 980 \| 73.50 \| \| 980 \| 990 \| 74.00 \| \| 990 \| 1,000 \| 75.00 \| \| 1,000 \| 1,100 \| 80.00 \| \| 1,100 \| 1,200 \| 85.00 \| \| 1,200 \| 1,300 \| 90.00 \| \| 1,300 \| 1,400 \| 95.00 \| \| 1,400 \| 1,500 \| 100.00 \| \| 1,500 \| 1,600 \| 105.00 \| \| 1,600 \| 1,700 \| 110.00 \| \| 1,700 \| 1,800 \| 115.00 \| \| 1,800 \| 1,900 \| 120.00 \| \| 1,900 \| 2,000 \| 125.00 \| \| 2,000 \| 2,100 \| 130.00 \| \| 2,100 \| 2,200 \| 135.00 \| \| 2,200 \| 2,300 \| 140.00 \| \| 2,300 \| 2,400 \| 145.00 \| \| 2,400 \| 2,500 \| 150.00 \| \| 2,500 \| 2,600 \| 155.00 \| \| 2,600 \| 2,700 \| 160.00 \| \| 2,700 \| 2,800 \| 165.00 \| \| 2,800 \| 2,900 \| 170.00 \| \| 2,900 \| 3,000 \| 175.00 \| \| 3,000 \| 3,100 \| 180.00 \| \| 3,100 \| 3,200 \| 185.00 \| \| 3,200 \| 3,300 \| 190.00 \| \| 3,300 \| 3,400 \| 195.00 \| \| 3,400 \| 3,500 \| 200.00 \| \| 3,500 \| 3,600 \| 205.00 \| \| 3,600 \| 3,700 \| 210.00 \| \| 3,700 \| 3,800 \| 215.00 \| \| 3,800 \| 3,900 \| 220.00 \| \| 3,900 \| 4,000 \| 225.00 \| \| 4,000 \| 4,100 \| 230.00 \| \| 4,100 \| 4,200 \| 235.00 \| \| 4,200 \| 4,300 \| 240.00 \| \| 4,300 \| 4,400 \| 245.00 \| \| 4,400 \| 4,500 \| 250.00 \| \| 4,500 \| 4,600 \| 255.00 \| \| 4,600 \| 4,700 \| 260.00 \| \| 4,700 \| 4,800 \| 265.00 \| \| 4,800 \| 4,900 \| 270.00 \| \| 4,900 \| 5,000 \| 275.00 \| \| 5,000 \| 5,250 \| 285.00 \| \| 5,250 \| 5,500 \| 295.00 \| \| 5,500 \| 5,750 \| 305.00 \| \| 5,750 \| 6,000 \| 315.00 \| \| 6,000 \| 6,250 \| 325.00 \| \| 6,250 \| 6.500 \| 335.00 \| \| 6,500 \| 6,750 \| 345.00 \| \| 6,750 \| 7,000 \| 355.00 \| \| 7,000 \| 7,250 \| 365.00 \| \| 7,250 \| 7,500 \| 375.00 \| \| 7,500 \| 7,750 \| 385.00 \| \| 7,750 \| 8,000 \| 395.00 \| \| 8,000 \| 8,250 \| 405.00 \| \| 8,250 \| 8,500 \| 415.00 \| \| 8,500 \| 8,750 \| 425.00 \| \| 8,750 \| 9,000 \| 435.00 \| \| 9,000 \| 9,250 \| 445.00 \| \| 9,250 \| 9,500 \| 455.00 \| \| 9,500 \| 9,750 \| 465.00 \| \| 9,750 \| 10,000 \| 475.00 \| And the fees increases at the rate of Rs. 15 for every five hundred rupees or part thereof, up to a maximum of ten thousand rupees. II ---- (See Rule 11) Fixed Fees \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| \| Number \| \| \| Proper fee \| \| \| (1) \| \| (2) \| (3) \| \| 1. \| Application or petition \| \| When presented to the Court in exercise of its civil or criminal jurisdiction for the purpose of obtaining any copy of a document, or order passed by such Court or the deposition of witnesses in any case or suit before such Court. \| Rs. 0.50 \| \| \| \| \| When presented to the tribunal for the purpose of obtaining any copy of a document, or order passed by such tribunal or the deposition of witnesses in any case before such tribunal \| Rs. 0.50 \| \| \| \| \| When presented to the Court in exercise of its civil or criminal jurisdiction for any other purpose as envisaged under the Civil Procedure Code, or the Code of Criminal Procedure \| Rs. 1.00 \| \| \| \| \| When presented to any Court in any matter related to any other law \| Rs. 5.00 \| \| 2. \| Application to any Court that records may be called for from an another Court \| \| When the Court grants the application and is of the opinion that the transmission of such records involves the use of process servers or peon of the Court. \| Re. 1.00 in addition of double the process fee \| \| 3. \| Bail-bond affidavit, or other instrument of obligation given in pursuance of an order made by a Court or Magistrate under any section has contemplated in the Code of Criminal Procedure or the Civil Procedure Code \| \| \| Rs. 1.00 \| \| 4. \| Undertaking under Section 49 of the Indian Divorce Act, 1869 \| \| \| Rs. 1.00 \| \| 5. \| Vakalatnama \| \| \| Re. 1.00 \| \| 6. \| Memorandum of appeal when the appeal is not from a decree or an order having the force of a decree and is presented- \| \| (1) to any Court other than the Court of the Judge, District Council Court \| Rs. 3.00 \| \| \| \| \| (2) to the Court of the Judge, District Council Court \| Rs. 5.00 \| \| 7. \| Plaint or memorandum of appeal in each of the following suits- \| \| (1) to alter to set aside a summary decision or order of any Court other than that of the Court of the Judge, District Council Court \| Rs. 16.50 \| \| \| \| \| (2) to alter or cancel any documents or entry in any register \| Rs. 16.50 \| \| \| \| \| (3) to obtain a declaration decree where no consequential relief is prayed \| Rs. 22.00 \| \| \| \| \| (4) for injunction \| Rs. 11.00 \| \| \| \| \| (5) every other suit where it is not possible to estimate at a money value the subject matter in dispute and which is not otherwise provided for in these rules. \| Rs. 16.50 \| \| 8. \| Agreement in writing stating a question for the opinion of the Court as contemplated under the Code of Civil Procedure, 1908 \| \| \| Rs. 16.50 \| \| 9. \| Every petition where the Indian Divorce Act, 1869 except petition under Section 44 of the same Act \| \| \| Rs. 22.00 \| \| 10. \| Plaint or memorandum of appeal under any law except the Criminal Procedure Code or any matter contemplated under the Code of Civil Procedure or law which have not been otherwise provided for in these rules. \| \| \| Rs. 16.50 \| \| 11. [ [Inserted by the Khasi Hills Autonomous District Council (Court-Fees) (Amendment) Rules, 1980, rule 4.] \| Application for succession certificates under the Indian Succession Act. \| \| (a) Where the amount or value of the subject-matter is less than Rs. 500 \| Rs. 10.00 \| \| \| \| \| (b) Where the amount or value of the subject-matter exceeds Rs. 500 \| Rs. 20.00 \| \| 12. \| Any other application or petition in suits or cases arising out of any other Acts enacted by the District Council but where the fees have not been prescribed.] \| \| \| \|
65b928afab84c7eca86e874a	acts	State of Uttar Pradesh - Act ------------------------------ The U.P. Electricity Regulatory Commission (Constitution of State Advisory Committee and its Functioning) Regulation, 2004. ----------------------------------------------------------------------------------------------------------------------------- UTTAR PRADESH India The U.P. Electricity Regulatory Commission (Constitution of State Advisory Committee and its Functioning) Regulation, 2004. ============================================================================================================================= * Published on 24 August 2004 * Commenced on 24 August 2004 The U.P. Electricity Regulatory Commission (Constitution of State Advisory Committee and its Functioning) Regulation, 2004. Published Vide Notification No. U.P. Electricity Regulatory Commission No. 3870/UPERC/Regulation-2004, dated 24.08.2004, published in the U.P. Gazette, Extraordinary, dated 24.08.2004. In exercise of powers conferred under Section 87 read with Section 181 of the Electricity Act, 2003 (36 of 2003), and in supersession of the Notification No. UPERC 579-2000, dated May 19, 2000, the Commission hereby makes the following regulation, namely, in regard to the State Advisory Committee and for matters incidental and ancillary thereto :- ### 1. Short title and commencement. (1) This regulation may be called the U P. Electricity Regulatory' Commission (Constitution of State Advisory Committee and its functioning) Regulation, 2004. (2) These extend to the State of U.P. (3) The U P General Clauses Act, 1904 (Act 1 of 1904), shall apply to the interpretation of these regulations. (4) This regulation shall come into force on the date of their publication in the Official Gazette. (5) The original regulation will be in English and it will be translated in Hindi. ### 2. Definitions. (1) In this regulation unless the context otherwise requires :- (a) "Act" means the Electricity Act, 2003; (b) "Commission" means the U.P. Electricity Regulatory Commission; (c) "Committee" means the State Advisory' Committee; (d) Words and expressions used and not defined herein but defined in the Act shall have the meaning assigned to them in the Act. ### 3. Constitution of the Committee. (1) The Committee shall consist of not more than 21 members to be nominated by the Commission from time to time consistent with Section 87 of the Electricity Act, 2003. (2) The Members of the Committee shall be nominated for a period of two years. The Commission may in its discretion reappoint him as member for another term. (3) A member other than the ex officio member, who fails to attend three consecutive meetings of the Committee shall cease to be a member of the Committee. (4) The Chairperson of the Commission shall be the ex officio Chairperson of the Committee and members of the Commission, the Secretary to State Government in charge of the Ministry or Department dealing with consumer affairs and public distribution system shall be the ex officio members of the Committee. The Chairperson or if he is unable to attend a meeting of the State Advisory Committee any other member nominated by the Chairperson in this behalf and, in the absence of such nomination or where there is no Chairperson, any member chosen by the members present from amongst themselves, shall preside at the meeting. ### 4. Secretary of the Committee. (1) The Secretary of the Commission shall be the ex officio Secretary to the Committee. (2) It shall be the duty of the Secretary' to convene the meetings of the Committee with the permission of the Chairperson and to give to the members thereof, unless otherwise specifically directed by the Chairperson not less than 14 days' notice in writing of the date, time and place of the proposed meeting. ### 5. Proceedings of the Committee. (1) The proceedings of the meetings of the Committee shall be recorded in a minute book to be kept for the purpose and shall be signed by the Chairperson of the meeting at the next succeeding meeting or at any time before such succeeding meeting. (2) The Committee shall meet at least once in every four months. (3) The quorum for the commencement of a meeting of the Committee shall be one-third of the total strength (No. of members) of the Committee. (4) If there is no quorum at the commencement of the meeting no business shall be transacted and the Chairperson of the meeting may adjourn the meeting to another date to be fixed by the Chairperson. No quorum shall be necessary at an adjourned meeting. (5) At the adjourned meeting the agenda proposed for the initial meeting shall be considered first before other matters are taken up for consideration. (6) Any point of order raised at meeting shall be decided by the Chairman presiding at the meeting and his decision shall be final. (7) No proceedings of the Committee shall be invalid by reason merely of a vacancy existing in the Committee or by reason of non-receipt of the notice or the agenda papers by any member of the Committee or by reason of any irregularity in the conduct of the business of the meeting. (8) To assist the Committee in its deliberations, persons other than members of the Committee, having special or useful knowledge on a matter of interest to the Committee may be invited by the Chairperson of the Committee to attend any meeting thereof, and such persons may take part in the deliberation. (9) Unless otherwise decided by the Commission, all meetings of the Committee shall generally be held at the Office of the Commission. ### 6. Fees and allowances for members of the State Advisory Committee. (1) A member of the Committee shall be entitled only to travelling g allowance, including daily allowance, as hereinafter provided in these regulations, for attending the meetings of the Committee and to no other remuneration. (2) A member of the Committee other than a Government servant shall be entitled to travelling allowance, including daily allowance, for the days he attends the meeting. The travelling allowance shall be limited to to and from AC-I class train fare by shortest distance. The daily allowance payable shall be Rs 500 for members residing in Lucknow and Rs 1000 for others. (3) The Secretary of the Committee shall be the controlling authority in respect of such travelling/daily allowance bills. ### 7. Resignation of Member. - A member of the Committee other than an ex officio member may, by a written notice to the Secretary of the Commission resign from his office and it shall come into effect from the day the Chairperson of the Commission accepts the same. ### 8. Removal of Member. (1) The Commission may remove any member o the Committee other than an ex officio member, who: (a) has been adjudged as insolvent; or (b) has been convicted of an offence involving moral turpitude; or (c) has become physically or mentally incapable of acting as a member; or (d) has conducted himself in a manner or has so abused his position as to render his continuance as a member prejudicial to public interest or to the objects and purpose of the Act. (2) The member who is proposed to be removed under sub-clause (1) above shall be given an opportunity to represent his position to the Chairperson of the Commission. ### 9. Miscellaneous. (1) Subject to the provisions of the Electricity Act, 2003 and this regulation, the Commission may, from time to time, issue orders and practice directions in regard to the implementation of this regulation and procedure to be followed on various matters, which the Commission has been empowered by this regulation to direct and matters incidental or ancillary thereto. (2) The Commission may, at any time, add, vary, alter, modify or amend any of the provisions of this regulation. (3) If any difficulty arises in giving effect to any of the provisions of this regulation, the Commission may, by general or special order, do or undertake or permit the Committee to do or undertake things which in the opinion of the Commission is necessary or expedient for removing the difficulties.
65ba92e0ab84c7eca86ec244	acts	State of Tripura - Act ------------------------ Tripura Food (Restrictions on Service of Meals by Catering Establishments) Order, 1973 ---------------------------------------------------------------------------------------- TRIPURA India Tripura Food (Restrictions on Service of Meals by Catering Establishments) Order, 1973 ======================================================================================== Rule TRIPURA-FOOD-RESTRICTIONS-ON-SERVICE-OF-MEALS-BY-CATERING-ESTABLISHMENTS-ORDER-1973 of 1973 -------------------------------------------------------------------------------------------------- * Published on 20 June 1972 * Commenced on 20 June 1972 Tripura Food (Restrictions on Service of Meals by Catering Establishments) Order, 1973 Last Updated 18th February, 2020 Whereas the State Government is opinion that for the maintenance and increase of supplies essential to the life of the community, it is necessary to regulate the use and consumption of certain foodstuffs ; Now, therefore, in exercise of the powers conferred by Section 3 of the Essential Commodities, Act, 1955 (10 of 1955) read with Order No. G.S.R. 316 (E) , dated 20th June, 1972, issued by the Government of India in the Ministry of Agriculture (Department of Food) the Governor is pleased to make the following Order, namely: ### 1. (1) This Order may be called the Tripura Food (Restrictions on Service of Meals by Catering Establishments) Order, 1973. (2) It extends to the whole of Tripura. (3) It shall come into force with immediate effect. ### 2. In this Order unless the context otherwise requires- (a) "catering establishment" includes a hotel, restaurant, eating house cafe, tea-shop, coffee-stall, free feeding centre, club, boarding house, canteen, railway refreshment room or restaurant car and other place of refreshment open to the public ; (b) "substantial dish" means a dish described as such in the Schedule to this Order; (c) "subsidiary dish" means a dish describes as such in the Schedule to this Order. ### 3. No proprietor or other person in charge of a catering establishment shall supply for consumption or offer or attempt to supply for consumption, and no person shall obtain or consume or attempt to obtain or consume, at a catering establishment as or for the purposes of a meal more than two courses, whether served successively in European style or served together in Indian style or placed together in display for self help style of buffet type meal. The two courses shall consist of (i) one substantial dish and one subsidiary dish ; or (ii) two subsidiary dishes. ### 4. Notwithstanding anything contained in Clause 3, the following may be supplied by any proprietor or any person in charge of a catering establishment as part of a meal in addition to two courses, namely : soup, biscuits, jam, marmalade, fruit, including iced fruit, fruit or vegetable juices, bhajji, papad, chatni, pickles; raita, preserves, onions, celery, ghee, butter, cream, curd, cheese, butter-milk sauce, custard dressings, and other condiments. ### 5. The State Government may, for reasons to be recorded in writing, by order exempt any parties given by diplomatic or consular representatives or Governmental Missions of foreign countries in a catering establishment and parties arranged in connection with international conferences from the operation of any of the provisions of this Order. ### 6. Power of entry, search, seizure, etc. (1) For the effective enforcement of the provisions of this Order, a Police Officer of or above the rank of Sub-Inspector may, when he has reason to believe that a contravention of this Order has been, is being or is to be committed, enter and search any premises, interrogate any person and seize any article including their coverings or containers in respect of which he has reason to believe that a contravention has been, is being, or is about to be committed. (2) The provisions of Sections 102 and 103 the Code of Criminal Procedure, 1898 (5 of 1898) shall, so far as may be, apply to searches and seizures under this clause. ### 7. The Tripura Food (Restrictions on Sendee of Meals by Catering Establishments) Order, 1968, is hereby repealed : Provided that such repeal shall not affect the previous operation of the said rules or any action taken thereunder. The Schedule ### 1. Substantial dish. - A substantial dish shall be one consisting of fish or meat or poultry or game or curry preparation of any of these or curry preparation of vegetables and rice or pulao or chapatis or parathas or bhakaris or nans or bread or other preparation of wheat and wheat flour. Note. - In all cases salad, dal and not more than two vegetables may be served as part of the substantial dish. ### 2. Subsidiary dish. - A subsidiary dish shall be any sweet dish or a savoury dish consisting mainly of vegetables or eggs. A subsidiary dish shall not contain cereals .
65b9e141ab84c7eca86ea2af	acts	State of Assam - Act ---------------------- Assam Settlement of Forest Coupes and Mahals by Tender System Rules, 1967 --------------------------------------------------------------------------- ASSAM India Assam Settlement of Forest Coupes and Mahals by Tender System Rules, 1967 =========================================================================== Rule ASSAM-SETTLEMENT-OF-FOREST-COUPES-AND-MAHALS-BY-TENDER-SYSTEM-RULES-1967 of 1967 --------------------------------------------------------------------------------------- * Published on 1 January 1967 * Commenced on 1 January 1967 Assam Settlement of Forest Coupes and Mahals by Tender System Rules, 1967 Last Updated 12th February, 2020 ### 1. Tile and application of the rules. (1) These rules shall be called the Assam Settlement of Forest Coupes and Mahals by Tender System Rules, 1967. ### 2. They shall came into force at once. ### 3. They shall extend to all areas to which the Assam Forest Regulation, 1891 applies. ### 2. Definitions. - In these rules, unless there is anything repugnant in the subject or context- (a) "Conservator" means "Conservator of Forests" and includes "Chief Conservator of Forests" also ; (b) "Coupe" means a compact area wherein a number of trees are premarked for sale by auction or tender and for removal within specified period ; (c) "Mahal" means a defined area wherefrom certain types of forest produce are sold on condition of their removal within a specified period. ### 3. Notice for tender. - A notice calling for tender for settlement of a coupe or a mahal shall be published in the official Gazette not less than 15 days before the last date fixed for submission of tender. ### 4. Particulars to be included in the notice. - The notice shall state- (i) the name of the coupe or the mahal; (ii) the particulars necessary for its identification ; (iii) the period for which it is proposed to be settled ; (iv) the last date and time for submission of tender; (v) the officer to whom and the manner in which the tender is to be submitted ; (vi) the place at which the tender is to be submitted ; (vii) the earnest money that will have to be paid ; (viii) in the case of Royalty-cum-Monopoly Sale, the minimum stipulated quantity should be quoted ; (ix) any other particulars deemed necessary by the authority calling for tender. ### 5. Earnest money. (1) Before submission of any tenderer, the tendere shall deposit, in the treasury or in any branch of an approved Schedule Bank, an earnest money (as fixed by the Conservator) by bank draft/treasury challan for each coupe or mahal pledged to the officer calling for tender. (2) The earnest money shall be reduced by 50 per cent in case the tenderer belongs to any of the scheduled castes, scheduled tribes, or the backward classes recognised by the State Government. ### 6. Tender and its enclosures. (1) There shall be a separate tender for each coupe or mahal with the requisite court fee affixed to it. (2) Each tender shall be in the tender form prescribed in Schedule A below and the tenderer shall state in the tender his full name and address and his father's name (or husband's name if the tenderer is a woman) and full address, with post office and telegraph office. (3) The tenderer shall also state in the tender the maximum outright price or the monopoly fee per rupee of royalty, as the case may be, which is prepared to pay for each coupe or mahal, and shall also make a declaration as follows : "I agree that I will not withdraw the tender offered by me during the time that will be required for intimation of acceptance of the tender for coupe/mahal being given to me ; nor will I withdraw it afterwards, should my tender be accepted. If I withdraw the tender, then I am liable to the whole sum of the tender or such amount on account of deficiency as in the opinion of the Conservator of Forests, or the Government of Assam, as the case may be, considered necessary to make good the whole of the loss and damages that may be suffered by Government in consequence thereof, and I shall pay the same, and if I fail to pay it, then it will be recovered from me as arrear of land revenue." (4) The tender shall be accompanied by the following documents, namely : (i) A copy of the treasury challan or a bank draft evidencing deposit of the prescribed earnest money ; (ii) An up-to-date income tax clearance certificate ; (iii) If a tender is submitted on behalf of a Co- operative Society, or a firm or a joint stock company, then in addition to the requirements of (i) and (ii) above,the original or certified copy of the registration certificate of the society or the firm or the company given by the respective Registrar in Assam, and the copy of the resolution authorising the person who signs the tender to manage the business of such society, firm or company on its behalf, and to undertake the liabilities as a tenderer on behalf of the society, firm and company and information regarding authorised, subscribed and paid-up capital of the concern ; (iv) If the tender is submitted by a person belonging to any of the Scheduled Castes, Scheduled Tribes or other Backward Classes then in addition to the requirements of (i) to (ii) above, the original or certified copy of the certificate in support of his claim to belong to such community from the Deputy Commissioner of the District or the Sub-Divisional Officer of the sub-division within whose territorial jurisdiction the tenderer permanently resides ; (v) Documents evidencing financial soundness of the tenderer : Provided that such documentary evidence shall not be necessary in case of a tenderer who has been registered under any rule prescribed by the State Government for registration of forest contractors, but in such case he shall furnish the particulars of his registration. ### 7. Any other conditions not inconsistent with the rules. - The authority calling for tender may call for any other particulars from the intending tendere with a view to identify the tenderer or to eliciting information about his financial soundness. ### 8. Procedure for dealing with the tenders. (1) After the scrutiny of the tenders, the order for acceptance of any tender shall be passed by the respective competent authorities whose competency shall be according to the delegation of financial powers under the Assam Delegation of Financial Powers Rules, 1960. (2) Where, according to the limit of financial power under the Delegation of Financial Powers Rules, 1960, the officer receiving the tenders is not competent to pass order of acceptance of tender, he shall forward the tender papers with his comments to his next higher authority for necessary action. ### 9. Appeal and review. (1) An appeal shall, within 15 days from the date of issue of the order of acceptance of tender as follows : (a) against the order passed by the Divisional Forest Officer-to the Conservator whose order in appeal shall be final ; (b) against the order passed by the Conservator-to the Governor of Assam, whose order in appeal shall be final. (2) A petition shall lie to the Governor for review of his original order within 1,5 days from the date of issue of such order but no petition for review of appellate order of Governor shall lie. (3) The appeal or the review petition, as the case may be, shall be submitted in triplicate, two copies of which shall be submitted to the appellate or reviewing authority and one copy shall be simultaneously sent by the appellant or the petitioner to the Divisional Forest Officer direct. Only on the principal copy need be affixed the requisite court fee. ### 10. No obligation to accept highest or any tender. - There shall be no obligation on the part of the competent authority to accept the highest or any tender or to assign any reason for rejecting any tender ### 11. Preference and concession in settlement with tenderers belonging to Scheduled Castes, Scheduled Tribes, or other Backward Classes. (1) Subject to suitability and ability of the tenderer to perform the work satisfactorily, preference and concession in settlement of a coupe or mahal shall be admissible in the following manner to a person belonging to any of the Scheduled Castes, Scheduled Tribes, other Backward Classes recognised by the State Government, provided the recognised highest offer for the coupe or the mahal does not exceed Rs. 50,000 ; (a) if the offer from a member of the abovementioned categories of persons is not below 92-½ per cent of the recognised highest offer, the coupe or the mahal shall be settled withe such person at his own offer ; (b) Even if the offer from a member of the afore-mentioned categories of persons is below 92-½ per cent of the recognised highest offer, the coupe or the mahal may at the discretion of the competent authority be settled with such person at an amount 7-½ per cent less than the recognised highest offer. (2) The preference and the concession shall also be admissible in the following manner to a co-operative society, provided not less than 80 per cent of the members thereof are persons belonging to Scheduled Castes, Scheduled Tribes or other Backward Classes and provided the recognised highest offer for the coupe or the mahal does not exceed Rs. one lakh : (a) If the offer from the above mentioned co-operative society is not below- 90 per cent of the recognised highest offer, the coupe or the mahal shall be settled with such co-operative society at its own offer; (b) Even if the offer from the co-operative society is below 90 per cent of the recognised highest offer, the coupe or the mahal may at the discretion of the competent authority, be settled with such co-operative society at an amount 10 per cent less than the recognised highest offer; (c) As between individual members of the categories mentioned in sub-rule (1) above and a co-operative society mentioned in this sub-rule, the co-operative society shall be given preference over the individuals. (3) No preferential treatment and concession as mentioned (1) and (2) above shall be admissible when the recognised highest offer for the couple or the mahal exceeds Rs. 50,000 or Rs. one lakh, as the case may be. ### 12. No joint settlement. - No coupe or mahal shall be settled jointly with more than one person except in the case of a co-operative society or a firm or a joint stock company duly registered in the office of the appropriate Registering Authority in Assam. ### 13. Option to refuse settlement with a defaulter. - The authority competent to make settlement shall have discretion to refuse settlement with a tenderer who, though otherwise suitable, is defaulter in respect of any forest revenue in any forest division in Assam. ### 14. Security deposit. (1) The tenderer whose tender has been accepted shall, within 15 days of the issue of the final order of acceptance, make a security deposit in the manner directed by the authority competent to make settlement. (2) The amount of such security shall be at the following rate namely : (i) 10 per cent on the first Rs. 2,000 of the amount at which the coupe or the mahal is settled, subject to a minimum of Rs. 100. (ii) 5 per cent on the amount in excess of the first Rs. 2,000, subject to a minimum of Rs. 200. (3) In case of a tenderer belonging to any of the Scheduled Castes/Scheduled Tribes or other Backward Classes, the amount of security deposit mentioned in sub-rule (2) above shall be reduced by 50 per cent. (4) The authority competent to make settlement may, in its discretion call for additional security which together with the ordinary security mentioned in such-Rule. (2) and (3) above shall not exceed 25 per cent of the total value at which the coupe or the mahal is settled. ### 15. Instalments. - The amount at which the coupe or the mahal is settled shall be paid in the following manner : (1) Where it is settled for one year, in four equal instalments at an interval of not more than 2 months each, the first instalment falling due on the same day on which the security deposit is required to be made. (2) Where it is settled for less than one year, in two equal instalments the first instalment falling due on the same day on which the security deposit is required to be made and the second instalment not less than 2 months before the expiration of the period of settlement. (3) Where it is settled for more than one year, the total amount payable for each year shall be paid in four equal instalments at an interval of not more than 2 months each, the first instalment of the first year falling due on the same day on which the security deposit is required to be made and the first instalment in succeeding year falling due at the beginning of each year. ### 16. Agreement. - An agreement of settlement shall be executed within one week of the payment of the security money as mentioned in Rule 14, by the tenderer whose tender has been accepted by the competent authority. ### 17. Cancellation and resale for failure to pay security and instalments and to execute agreement. - If the tenderer whose tender has been accepted fails to pay on due dates the security mentioned in Rule 14 or to pay the instalments mentioned in Rule 15, or to execute the agreement mentioned in Rule 16, the settlement of the coupe or the mahal shall be liable to be cancelled and the coupe or the mahal may be resettled for the remaining part of the settlement period at the risk of such tenderer as regards the loss to Government and if the proceeds on re-settlement are less than the value at which it was originally settled, the difference shall be realisable from him : and further, the earnest money and the security money if already deposited, shall be liable to be forfeited. ### 18. Mode of realisation of amount. - Any amount due under these rules shall be recoverable as arrears of land revenue. ### 19. Power of attorney. - No power of attorney or mortgage deed or any encumbrance shall be recognised in respect of the coupe or the mahal except when executed with previous permission in writing from the authority competent to make the settlement. ### 20. Right of withdrawal of any coupe or mahal. - The authority competent to make settlement shall have the right to withdraw any coupe or mahal from settlement at any time before issue of final order acceptance of tender. ### 21. Extension of the period of settlement. (1) No extension of the period of settlement shall ordinarily be admissible. (2) In case, however, there is delay in passing final order of settlement by more than 2 months beyond the date from which the period of settlement is to commence, the Divisional Forest Officer within whose jurisdiction the coupe or mahal is situated may give extension by so much time as has been lost beyond the aforementioned 2 months; provided such delay was not caused by any lapses on the part of the tenderer himself. (3) Where under exceptional circumstances, any extension beyond the time mentioned in sub-rule (2) above is found to be justified, such extension may be given on the following conditions : (i) extension may be given only in respect of coupe and not in respect of mahal; (ii) extension under this sub-rule together with any extension given under sub-rule (2) shall not exceed one year ; (iii) extension under this sub-rule may be given only by the authority which passed the final order of acceptance of tender; (iv) an extension fee for any extension given under this sub-rule shall be payable at progressive rates, namely : (a) for the first 6 months under such extension-1 per cent, of the total value at which the coupe is settled ; (b) beyond the first 6 months-2 per cent, of such total value. 'A' ----- Tender Form To ..................[here state the designation and address of the officer to whom the tender is to be submitted]. I hereby submit by tender as follows : ### 1. Full name and address of the tenderer...................................... (In Block letters) Post Office............ Telegraph office............ ### 2. Name of the father or the husband of the tenderer . Address................ Post Office............ Telegraph Office ### 3. Previous experience, if any........... ### 4. The name and description of the coupe/mahal for which the tender is given.......... ### 5. The outright price offered by the tenderer for the coupe/mahal....... or The monopoly fee per rupee of royalty offered by the tenderer for the coupe/ mahal........... ### 6. Declaration............ "I agree that 1 will not withdraw the tender offered by me above during the time that will be required for intimation of acceptance of the above tender for coupe/mahal being given to me; nor will I withdraw it afterwards, should my tender be accepted. If I withdraw the tender, then I am liable to pay the whole sum of the tender or such amount on account of deficiency as in the opinion of the Conservator of Forests, Assam may be considered necessary to make good the whole of the loss and damages that may be suffered by Government, in consequence thereof, and I shall may the same, and if I fail to pay it, then it will be recovered from me as arrears of land revenue. Signature of the tenderer" Dated...................... Enclosures: (a) Treasury Challan No dated...................or pledged bank draft of the approved Scheduled Bank dated as evidence of deposit of earnest money. (b) Income-tax clearance certificate dated......... (c) Documents is evidence of the financial soundness of the tenderer....... (d) In case of Co-operative Society of Firm, or Joint Stock Company (i) Original or certified copy of the Registration Certificate from the Registrar concerned in Assam ; (ii) The certified copy of the resolution authorising the person who signs the tender to manage the business of such Society, Firm or Company and to undertake the liabilities as a tenderer on behalf of the Society, Firm or Company concerned ; (iii) Statement regarding authorised, subscribed and paid-up capital. (e) In case of a tender belonging to any of the Scheduled Castes/Scheduled Tribes or other Backward Classes, the original or certified copy in support of his claim to belong to such community from the Deputy Commissioner or Sub-divisional Officer ,dated............ Note. - The tenderer is advised to strike out those portions of the form which do not apply to his tender.
65ba75e5ab84c7eca86eb768	acts	Union of India - Act ---------------------- The Ajmer Tenancy and Land Records Act, 1950 ---------------------------------------------- UNION OF INDIA India The Ajmer Tenancy and Land Records Act, 1950 ============================================== Act 42 of 1950 ---------------- * Published in Gazette of India on 10 May 1950 * Commenced on 10 May 1950 NO.XLII OF 1950 An Act to declare and amend the law relating to agricultural tenancies, record -- of -- rights and certain other matters in Ajmer. [ 10 th May, 1950 ] BE it enacted by Parliament as follows :-- Chapter I PRELIMINARY -------------------------- ### 1. Short title, extent and commencement.- (1) This Act may be called the Ajmer Tenancy and Land Records Act, 1950. (2) It extends to the whole of the State of Ajmer. (3) It shall come into force at once, except Part III of Chapter XII which shall come into force on such date as the Chief Commissioner may, by notification in the Official Gazette, appoint in this behalf. ### 2. Repeal.-- (1) The Ajmer-Merwara Agrarian Relief (Second) Ordinance, 1949 (XXX of 1949), is hereby repealed. (2) When this Act or any portion thereof comes into force in Ajmer, so much of any Act, Regulation or notification in force therein, or any condition of a jagir or istimrari sanad, as is inconsistent with this Act or with such portion, shall be deemed to have been repealed or superseded by this Act or by such portion, as the case may be. ### 3. Savings.- Any rule, notification, proclamation and order issued, authority and power conferred, lease granted, right acquired, liability incurred, rent fixed, and any other thing done under any Act, Ordinance, Regulation or notification, or under any jagir or istimrari sanad, as the case may be, shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been respectively issued, conferred, granted, acquired, incurred, fixed and done under this Act. ### 4. Definitions.- In this Act, unless there is anything repugnant in the subject or context, -- (1) all words and expressions used to denote the possessor of any right title or interest, whether the same be proprietary or otherwise, shall be deemed to include the predecessors and successors in right, title or interest of such person ; (2) "agricultural year" means the year commencing on the first day of June and ending on the thirty-first day of May next following ; (3) "agriculturist" means a person who earns his livelihood wholly or principally-- (a) by the cultivation of land personally, or through servants or by hired labour, or (b) an artisan or field-labourer, paid in cash or kind for work connected with agriculture, and includes-- (i) a landlord whose interest in the stable land of the village does not exceed 120 acres, and (ii) a tenant who sub-lets his land in accordance with the provisions of this Act; Explanation.-- An agriculturist who, without any intention of changing his profession as such, temporarily ceases to so earn his livelihood, or who is prevented from so earning his livelihood by age or bodily infirmity, or by absence due to service in the military, naval or air forces of India, or by confinement in prison, does not thereby cease to be an agriculturist; (4) "assistant commissioner" includes an additional assistant commissioner and an extra assistant commissioner; (5) "batai" means division of the produce on the threshing-floor; (6) "bighori" means money rent per bigha of land; (7) "biswadar" means-- (a) any person who is recorded as plot-proprietor in the settlement khewat of 1874 and is continuously so recorded since, or who, but for an error or omission, would have been so continuously recorded; or (b) any member of the proprietary body who becomes an owner of land under section 7 of the Ajmer Land and Revenue Regulation, 1877 (II of 1877), or (c) any person who becomes, or is declared, a biswadar under the provisions of this Act, and includes a person admitted to the occupation of land under a lease guaranteeing hereditary rights of ownership and enjoyment on condition of his permanently developing such land by sinking a well or otherwise, and who accordingly developed such land and was, before the commencement of this Act, recorded as plot-proprietor thereof in the khewat; (8) "cess" means a cess declared payable under sub-section (2) or section 62; (9) "collector" means the collector of Ajmer or any other office appointed by the Chief Commissioner to discharge the functions of a collector under this Act, and includes an additional collector; (10) "confirming court" means a court to which the record of a case is submitted is accordance with the provisions of this Act for confirmation of any decree or order passed therein; (11) "decree" means an order which is drawn up in the form of a decree as prescribed; (12) "holding" means a parcel or parcels of land held under one lease, engagement or grant or, in the absence of such lease, engagement or grant, under one tenure, and in section 26 includes a well on a holding; (13) "improvement" means, with reference to a tenant's holding, -- (i) a dwelling house erected on the holding by the tenant for his own occupation, or a cattle-shed, or a store-house or any other construction for agricultural purposes, erected or set up by him on his holding, and (ii) any work which adds materially to the value of the holding and in consistent with the purpose for which it was let, and which, if not executed on the holding, is either executed directly for its benefit or is, after execution, made directly beneficial to it, and, subject to the foregoing provisions of this clause, includes-- (a) the construction of a well, water channel, and other work for the supply or distribution of water for agricultural purposes, (b) the construction of any work for the drainage of land, or for the protection of land from floods, or from erosion or other damage by water, (c) the reclaiming, clearing, enclosing, levelling, or terracing of land, (d) the erection in the immediate vicinity of the holding, otherwise than on the village site, of a building required for the convenient or profitable use or occupation of the holding; (e) the construction of a tank or other work for the storage of water for agricultural purposes, and (f) the renewal or reconstruction of any of the foregoing works, or such alterations therein, or additions thereto, as are not of the nature of mere repairs : Provided that such clearance, water channel, levelling, embankment, enclosure, temporary well or other work as is made in the ordinary court of cultivation and without incurring any special expenditure shall not be deemed to be an improvement ; Explanation.-- A work which benefits several holdings may be deemed to be an improvement with respect to each of such holdings; (14) "istimrari estate" means an estate in respect of which an istimrari sanad has been granted by the Chief Commissioner before the commencement of the Ajmer Land and Revenue Regulation, 1877 (II of 1877) ; and "istimrari" means a person to whom the revenue of any land has been assigned under a sanad issued by the Chief Commissioner before the commencement of the Ajmer Land and Revenue Regulation, 1877 ; (15) "jagirdar" means a person to whom the revenue of any land has been assigned under a sanad issued by the Chief Commissioner before the commencement of the Ajmer Land and Revenue Regulation, 1877 ; (16) "khudkasht" means land cultivated by a proprietor as such, either himself, or by servants or by hired labour; (17) "kuta" means an estimate an appraisement of the standing crop; (18) "lag" means-- (a) a levy in cash imposed on a tenant-- (i) on the occasion of a ceremony in the family of the landlord or the tenant, or (ii) by way of tax on a well or plough or as fee for settlement of rent accounts; or (b) any other levy in cash owner and above the rent payable by a tenant, but does not include a fee specified in the First Schedule or an assessment leviable, or a local rate payable under any law for the time being in force in the State; (19) "land" means land which is let or held for the raising of crops or garden produce, or for purposes subservient thereto, and includes land covered by water used for the purpose of growing singhara or other produce, but does not include land for the time being occupied by a building or appurtenant thereto, other than a building which is an improvement; (20) "landholder" means the person to whom rent is, or, but for a contract, express or implied, would be, payable, and includes shamlal committee created or recognised under the provisions of section 180; (21) "landlord" means the proprietor of a village, or of a share or specified plot therein, and includes-- (i) in case of land in respect of which an istimrari sanad has been granted, any person by whom an estate, a village, or a portion of an estate or village is held, whether under a separate engagement to pay revenue or otherwise; (ii) a jagirdar; and (iii) a trustee, a manager, a superintendent, a mutawalli, or a body of person appointed to administer a religious endowment, a trust, or waqf property, or the shamlat deh land of a village; Explanation.-- In clauses (20) and (21), the word "landholder" or "landlord" shall include--- (i) a mortgagee with possession, (ii) a lessee of proprietary right, and (iii) in case of property of which superintendence has been assumed by the Court of Wards under section 6 of the Ajmer Government Wards Regulation, 1888 (I of 1888) or which has been attached under section 82 of the Ajmer Land and Revenue Regulation, 1877 (II of 1877), the collector; (22) "lease" includes the counterpart of a lease; (23) "legal practitioner" means any person who is, for the time being enrolled as an advocate or pleader by the Judicial Commissioner of Ajmer; (24) "minor" means a person who, under section 3 of the Indian Majority Act, 1875 (IX of 1875), has not attained majority ; (25) "muafi" means a definite portion of land held revenue-free under a sanad issued by the Chief Commissioner, and a "muafidar" means the holder of such muafi; (26) "neg" means-- (a) a levy in kind imposed on a tenant as-- (i) seri, sawai-batti or any other kind of levy made on the division of the produce of a holding, or (ii) kasas (dishes) of food or sweetmeats given on the occasion of marriage or any other ceremony or the money equivalent there of; or (b) any other levy in kind over and above the rent payable by a tenant; (27) "order" means the formal expenditure of a decision of any authority under this Act ; (28) "parabund-barani" means enclosed low lying land, the cultivation of which depends on the rainfall and the silt deposited thereon by the inflow of water from the catchment area; (29) "pay", "payable" and "payment", when sued with reference to rent, include "deliver", "deliverable" and "deliver"; (30) "prescribed" means prescribed by rules made under this Act; (31) "produce of a holding" means a crop or any other produce of the land standing on the holding, or which has been grown on the holding and has been reaped or gathered, and is deposited on the holding or an a threshing floor; (32) "State" means the State of Ajmer; (33) "rent" means whatever is paid or payable in money or kind, or partly in money and partly in kind, by a tenant on account of the sue or occupation of land held by him; (34) "registered" means registered under any law for the time being in force for the registration of documents; (35) "revenue court" means all or any of the following authorities when acting under this Act or any rule made thereunder, namely, -- (i) the Chief Commissioner, (ii) the collector, (iii) a record officer, an assistant record officer and a rent-rate officer, (iv) a sub-divisional officer, (v) an assistant commissioner, (vi) a tahsildar, (vii) a naib-tahsildar empowered by the collector under clause (b) of section 178, and (viii) a person or a body of persons invested with powers to hear and dispose of cases under clause (a) or (b) of section 180; (36) "revenue" means land revenue; (37) "sugar" means whatever is payable by a lessee or licensee on account of the right of gathering produce, forest rights, fisheries or the use of water for irrigation from artificial sources; and includes a fee specified in the First Schedule; (38) "stable land" means land which, because of facilities of irrigation, quality of the soil or other advantages, is capable of being regularly cultivated, and is demarcated as stable land by the rent-rate officer, or any other authority, appointed for the purpose, and, subject to the foregoing provisions includes-- (i) land in the bed of a tank or nadi which dries up in time for the rabi sowing, and (ii) mal, gormia or parabund-barani: Provided that, until such time as demarcation is made, the provisions regarding demarcation shall not be deemed to be a part of this clause; Explanation.-- A land which is capable of being regularly cultivated shall not cease to be so regarded if, in any year, it has been left fallow, or could not be cultivated on account of failure of rainfall or for any other reason ; (39) "sub-tenant" means a person who holds land from the tenant thereof, or from a rent-free grantee, or from a grantee at a favourable rate of rent, and by whom rent is, or, but for a contract express or implied, would be, payable; (40) "tenant" means a person who holds land of another person and is, or, but for a contract express or implied, would be, liable to pay rent for such land to such other person and, except when a contrary intention appears, includes a sub-tenant, but does not include-- (a) a person to whom a tenancy holding is transferred otherwise than under the provisions of this Act, (b) except as otherwise provided, a rent-free grantee, a grantee at a favourable rate of rent or a holder of village service grant, and (c) a person to whom only the right to cut grass or to graze cattle is granted, whether with or without consideration; and (41) "year of settlement" means, with reference to any area of the State, any year or period between November 1940 and June 1947 during which the record or settlement operations were in force in such area. ### 5. Power of landlord and tenant to act through agent.- Anything which is by this Act required or permitted to be done by a landlord or a tenant may be done by his authorised agent, and, in the absence of evidence of a contrary intention, in dealings between a landlord and a tenant such agent shall be deemed to be acting under the authority of his principal : Provided that, except as provided in section 198, a legal practitioner or his clerk or employee, or a petition-writer shall not act as authorised agent of such landlord or tenant. Explanation.-- In this section "authorised agent" includes a kamdar of a fagirdar or istimrardar. Chapter II PRIMARY RIGHTS ------------------------------ ### 6. Primary rights of a tenant.- A tenant, other than a sub-tenant , shall have a right-- (i) subject, in the case of clause (a), or (b), to the provisions of the First Schedule and to the payment of fee, if any, specified therein-- (a) to possess, in the village in which his holding in situated, a site on which he may build one residential house for himself and his family and, when necessary, to repair and rebuild it, to sell the materials of such house and, with the written consent of the landlord, to transfer the right of residence therein to any tenant of such village; Explanation.-- In this clause 'residential house' shall include a cattleshed, and a store-house for stocking fodder, manure and agricultural implements. (b) to sue the waste-land of the village for grazing and pasturing his cattle and other domestic animals and for threshing corn; (ii) when rent is paid by batai or bighori, to allow only prescribed weights and measures to be used for determining such rent; and (iii) where in any area bighori is charged at customary rate, to grow cotton at such rate on not more than one-fourth of the irrigable area of his holding . ### 7. Prohibition of certain acts.- (1) A tenant shall not be-- (i) ejected from his holding otherwise than in accordance with the provisions of this Act; or (ii) evicted from his residential house, other than a house which is an improvement, merely because he has surrendered, or has been ejected from, his holding in the village; or (iii) compelled to render any service, or to allow the use of his cattle or agricultural implements, to his landholder, with or without remuneration. (2) The provisions of this section and of section 6 and 62 shall, so far as they are applicable, apply to a rent-free grantee, a grantee at a favourable rate of rent, of holder of village service grant, and an artisan or a village-workmen, paid in cash or kind, for wok connected with agriculture as they apply to a hereditary tenant. ### 8. Prohibition against deprivation of certain rights.- (1) Notwithstanding any custom or contract to the contrary, every lease or agreement between a landholder and a tenant, whether made before or after the commencement of this Act, which purports, or would operate, to prohibit or restrict a tenant from acquiring, exercising or enforcing any right conferred on, or secured to, him by this Act, shall be void to the extend of such prohibition or restriction. (2) When land, not previously cultivated, has been reclaimed by, or at the expense of, the landholder and let to a tenant, or has been let to a tenant in order that it should be reclaimed by him or at his expense, then for a period of twelve years after such land was let, nothing in sub-section (1) shall be construed as affecting any condition of a contract which relates to payment of rent or to enhancement, abatement or variation of rent of such land, or which provides that, during any period for which such land is to be held free of rent or on favourable terms, the tenant is liable to ejectment for breach of any such condition. Explanation.-- When land has remained uncultivated for a period of five years, it shall, for the purposes of sub-section (2) , be deemed to be land not previously cultivated. ### 9. Certain rights of landlord.- Subject, in case of clause (iii) , to the conditions of an istimrari sanad and to the provisions of any law for the time being in force, a landlord shall have a right--] (i) where in any area bighori is charged at customary rate and cotton is grown on more than one-fourth of the irrigable area of the holding of a tenant, to charge rent on the land in excess of the one-fourth area on which cotton is grown at a rate specified in the second proviso to section 64; (ii) at all reasonable times, to enter, or depute his servant, agent or surveyor to enter, upon any land comprised in his estate for the purpose of surveying and measuring such land or for any other lawful purpose; and (iii) if he has a proprietary interest in an istimrari estate, to open or work a mine or grant a lease for the purpose, or to undertake, or to issue a licence to any other person to undertake, prospecting work for discovering new sources of supply of minerals. Chapter III Niji jot ------------------------- ### 10. Definition.- Niji jot means khudkasht demarcated under the provision of this Chapter. ### 11. Application for demarcation.- (1) It, at the commencement of this Act, the proprietor of a village or a part thereof or a specific area therein, was cultivating any land as khudkasht, he may, within six months of such commencement, apply to the sub-divisional officer for demarcation of such khudkasht as niji jot. (2) With his application, the applicant shall file a list, giving the area and survey number or other description of the khudkasht to be so demarcated and such other particulars as may be prescribed. ### 12. Order of demarcation of niji jot.- (1) On the receipt of such application, the sub-divisional officer shall issue a proclamation calling upon all persons who claim an interest in such land to file objections if any, within the period specified in such proclamation. (2) If, after hearing the objections, if any, and making such further inquiry as he deems fit, the sub-divisional officer is satisfied that the land to be demarcated as niji jot has been held by the applicant as his khudkasht since the agricultural year beginning on the first day of June, 1948, he shall pass an order for the demarcation of such land as niji jot and submit the record of the case for confirmation of the order passed by him to the collector. ### 13. Demarcation.- The sub-divisional officer shall have the demarcation made on the spot and shall prepare and place on record a map, indicating the plots demarcated as niji jot. ### 14. Status of tenant of niji jot.- A landlord may let his niji jot subject to the same restrictions as apply to sub-letting by a hereditary tenant under section 27 : Provided that if such landlord lets his land which is niji jot in contravention of the provisions of this section, such land shall cease to be niji jot and the person to whom the land is so let shall become hereditary tenant thereof. ### 15. Succession of niji jot.- On the death of the holder of niji jot the niji jot rights shall devolve in accordance with the law which regulates the succession of proprietary right in such land. ### 16. Collectors' powers to let to tenants.- It the collector is satisfied that the landlord of an estate or village, without good reason, keeps large areas of his niji jot and other culturable land uncultivated, or that an emergency has arisen for bringing under cultivation land which has not been previously cultivated or, if previously cultivated, has remained uncultivated for more than three years, he may, (i) with the previous sanction of the Chief Commissioner, take possession of such land, and (ii) notwithstanding anything to the contrary contained in this Act, allot it for cultivation on such terms and conditions as may be prescribed, and the person to whom the land is so allotted shall, unless he is the landlord of such land, be deemed to have been admitted as tenant within the meaning of clause (b) of section 22 : Provided that, while giving his sanction under clause (i) , the Chief Commissioner may exempt from its operation any land which is used as pasture land or threshing-floor, or for some other purpose for the benefit of the public. Chapter IV CLASSES OF TENANTS ---------------------------------- ### 17. Classes of tenants.- There shall be, for the purposes of this Act, the following classes of tenants, namely,-- (a) occupancy tenants ; (b) exproprietary tenants ; (c) hereditary tenants ; and (d) non-occupancy tenants. ### 18. Occupancy tenants.- Every person-- (a) other than a person to whom the provisions of section 7 of the Ajmer Land and Revenue Regulation, 1877 (II of 1877) apply, who before the commencement of this Act, was admitted to the occupation of land and who has, before such commencement, sunk a well, reclaimed or otherwise developed such land, or (b) who was recorded in the year of settlement as tenant with a permanent right of tenancy (mazara-i-mustaquil) and has continued in possession since, shall be called on occupancy tenant. ### 19. Exproprietary tenants.- Every person who-- (a) is, at the commencement of this Act an exproprietary tenant in accordance with the provisions of the Ajmer Land and Revenue Regulation, 1877, or (b) acquires exproprietary rights in accordance with the provisions of this Act, shall be called an exproprietary tenant. ### 20. Acquisition of exproprietary rights.- (1) If the whole of the interest of a sole proprietor of a village or of a specific area thereof is transferred, either by foreclosure or sale in execution of a decree or order of a civil or revenue court, or by voluntary alienation, otherwise than (a) by gift or (b) by exchange of specific areas between co-shares of the village, he shall become an exproprietary tenant of the whole of his khudkasht in such village or area without he his cultivated continuously for three years or more at the date of such transfer, and shall be entitled to hold the same at a rate payable by an exproprietary tenant under sections 63 and 64. (2) If a part only of the interest of a sole proprietor of a village or of a specific area thereof is so transferred, or where there are two or more co-share in the proprietary interest of a village or of specific area thereof, and such transfer relates to the whole or part of the proprietary interest of some of them, exproprietary rights shall accrue in so much of khudkasht so cultivated as appertains or corresponds to the part of the interest so transferred and, unless by mutual agreement the transferor and the transferee have demarcated the area in which exproprietary rights have accrued, and fixed the rent, not higher than the rent specified in sections 63 and 64, the sub-divisional officer shall, in the course of mutation proceedings or, if mere convenient, in a separate proceeding, started on his own motion, or on the application of the exproprietary tenant or the landlord, or on the report of the patwari, demarcate such area and declare the rent in accordance with the provisions of sub-section (1). (3) A mortgage shall be deemed to be a voluntary alienation, within the meaning of sub-section (1), if it has the effect of transferring proprietary possession of the land mortgaged from the mortgagor to the mortgagee but not otherwise. (4) Notwithstanding anything in sub-section (1), (2) or (3), exproprietary rights shall not accrue in grove-land, or in land transferred for any purpose inconsistent with the existence of a right of cultivation therein. (5) After disposing of the case for demarcation of the exproprietary area and declaration of rent thereon under sub-section (2), the sub-divisional officer shall submit the record of the case for confirmation of the order passed by him to the collector. ### 21. Relinquishment of exproprietary rights.- (1) Save as otherwise provided in sub-section (2), an agreement for the relinquishment of exproprietary rights shall be void, whether such agreement was entered into before or after such rights accrued. (2) Notwithstanding anything contained in the first proviso to section 57, where the land transferred by mortgage of the kind specified in sub-section (3) of section 20 consists wholly of a specific area of khudkasht of three or more years, the mortgagor may, by simultaneous agreement in writing, waive his exproprietary rights, and in that case the mortgaged land shall, if the mortgagor redeems the mortgage within ten years of the date of the transfer, be restored to him unencumbered with any tenancy rights. ### 22. Hereditary tenants.- Subject to the provisions of section 23, every person who-- (a) is, at the commencement of this Act, a tenant of land, not being an exproprietary tenant, an occupancy tenant or a sub-tenant or, (b) is, after the commencement of this Act, admitted as a tenant otherwise than as a sub-tenant, or otherwise than as a tenant to whom niji jot is let in accordance with the provisions of section 14, or (c) under the provisions of this Act, acquires hereditary rights, shall be called a hereditary tenant. Explanation.-- For the purposes of this section, the words "sub-tenant" shall not include a person who holds land from a relation, dependant or servant of the landholder or, in an estate mentioned in the Second Schedule, from a transferee of an interest in a holding or part thereof, whether the transfer was made before or after the commencement of this Act, unless such relation dependant, servant or transferee proves to the satisfaction of the court that he is a genuine tenant of such land or such holding or part thereof. ### 23. Land in which hereditary rights shall not accrue.- Notwithstanding anything in this Act, hereditary rights shall not accrue in-- (i) unstable land, or (ii) grove-land, pasture-land, bir, or land, covered by water, used for the purpose of growing singhara or other produce, or (iii) land used for casual or occasional cultivation in the bed of a river or a stream, or (iv) land acquired or held for a public purpose or for a work of public utility, or (v) the khudkasht of a landlord who is serving in the military, naval or air forces of India, so long as he remains in such service and for two years after the cessation of such service : Provided that where there are several co-shares in such khudkasht and not all of them are in such service, the provisions of this clause shall apply only when the co-shares who are not in such service belong to one or more of the following classes, namely, females, minors, lunatics, idiots or persons incapable of cultivating by reason of blindness or physical infirmity, or confinement in prison. ### 24. Non-occupancy tenants.- All tenants other than occupancy tenants, exproprietary tenants and hereditary tenants shall be non-occupancy tenants. Chapter V DEVOLUTION, TRANSFER, EXTINCTION, DIVISION, EXCHANGE AND ACQUISITION ----------------------------------------------------------------------------------- Devolution and transfer of tenancies ### 25. Interest of a tenant, if heritable and transferable.- The interest of an occupancy tenant, an exproprietary tenant, a hereditary tenant and a non-occupancy tenant is heritable, but is not transferable, otherwise than by sub-lease as hereinafter provided, or by transfer or surrender to a co-tenant. ### 26. Prohibition against certain kind of transfer or sub-lease.- (1) No tenant shall sub-let, or otherwise transfer, the whole or any portion of his holding in consideration of a debt, whether reserving or not reserving rent to be paid periodically. (2) No sub-tenant shall sub-let the whole or any portion of his holding. ### 27. Right to sub-let.- (1) Subject to the provisions of section 26 and sub-sections (2) to (4) of this section, a tenant may sub-let the whole or any portion of his holding. (2) No occupancy, exproprietary or hereditary tenant shall sub-let the whole or any portion of his holding-- (a) to a person other than an agriculturist, or (b) for a term exceeding three years: Provided that a period of not less than three years shall intervene between the expiry of one sub-lease and the beginning of the next sub-lease. (3) No non-occupancy tenant, other than a sub-tenant, shall sub-let the whole or any portion of his holding for a term exceeding one year. (4) The rent payable by a sub-tenant to an occupancy, an exproprietary, a hereditary or a non-occupancy tenant shall be an amount not exceeding one and one-fifth of rent payable by such tenant to his land-holder : Provided that the restrictions imposed by clause (b) of sub-section (2) on sub-letting of a holding or portion thereof shall not apply when the lessor is female, a minor, a lunatic, an idiot, or a person incapable of cultivating by reason of blindness, or any physical infirmity, or service in the military, naval or air forces of India, or confinement in prison : Provided further that, in the case of a holding held jointly by more persons than one, the provisions of the first proviso shall not apply unless all such persons belong to one or more of the categories specified therein. Extinction of tenancies ### 28. Tenancy, when extinguished.- The interest of a tenant in his holding or part thereof, as the case may be, shall be extinguished-- (a) when he dies, leaving no heir entitled to inherit; or (b) when his ejectment is ordered ; or (c) subject to the provisions of sections 57 and 58, when he surrenders or abandons the holding ; or (d) when his land is acquired under the Land Acquisition Act, 1894 (I of 1894) ; or (e) when he is deprived of possession of his holding otherwise than in accordance with the provisions of this Act and has not applied for recovery of possession within the period of limitation specified in section 102 or 104, as the case may be; or (f) when the mortgage referred to in section 21 has been redeemed by the mortgagor as provided in that section ; or (g) when he acquires, or succeeds to, the entire proprietary right in his holding, or where the holder of the entire proprietary right over a holding inherits or otherwise acquires the tenancy rights in such holding: Provided that no order of ejectment which is submitted for confirmation under the provisions of this Act shall extinguish the tenancy, until such order has become final. ### 29. Life tenancy of female, when extinguished.- Notwithstanding anything contained in section 28m, the surrender of her holding by a female tenant with life interest shall not extinguish her tenancy, unless such surrender is made with the written consent of nearest reversioner. ### 30. Rights of sub-tenant on extinction of tenant's interest.- (1) Subject to the provisions of sub-section (2), the extinction of the interest of a tenant shall operate to extinguish the interest of any sub-tenant holding under him. (2) When the right of a tenant in any land is extinguished under the provisions of clause (g) of section 28 the sub-tenant, if any, of such land shall become a hereditary tenant. ### 31. Vacating of holding on extinction of right.- Except as otherwise provided in this Act, when the interest of a tenant or sub-tenant is extinguished, he shall vacate his holding, but shall have, in respect of the removal of any crop the same rights as a tenant would have upon ejectment in accordance with the provisions of this Act. ### 32. Possession of land not vacated.- (1) If a sub-tenant, to whom the provisions of section 31 apply, does not vacate the holding, the person entitled to possession of such holding shall, on application to the tahsildar be put in possession thereof. (2) The tahsildar shall, after deciding the dispute, if any, arising between the parties, submit the record of the case for confirmation of the order passed by him to the sub-divisional officer. Division, exchange and acquisition of holdings ### 33. Division of holdings.- (1) A division of a holding shall be effected-- (a) by agreement between the co-tenants; or (b) by the order of the tahsildar, passed on an application under this section by a co-tenant against the others and the landlord : Provided that no such agreement shall be binding on the landholder, unless he agrees thereto in writing: Provided further that no such application shall be entertained if, as a result of division, the area of the share of a co-tenant is reduced to less than ten acres. (2) If the holding to be divided is assessed to fixed money rent, the division shall be accompanied by the distribution of rent payable in respect of each portion of the holding so dividend. (3) After deciding the case, the tahsildar shall submit the record of the case for confirmation of the order passed by him to the sub-divisional officer. ### 34. Co-tenant's right to claim division of produce.- (1) In case of a holding to which the second proviso to sub-section (1) of section 33 applies, the tahsildar may, on the application of a co-tenant, specify the share of such co-tenant in the produce of such holding and depute an officer to divide the produce in accordance with the provisions of sub-sections (1) to (3) to section 77 which shall, mutatis mutandis, apply to such proceedings. (2) The order of the tahsildar under sub-section (1) shall not affect the right of a co-tenant to obtain a declaration in respect of his share in such holding under clause (ii) of sub-section (1) of section 43. ### 35. Right of tenant in land received in exchange.- A landlord may, with the consent of a tenant, give in exchange land which is not let, for any land held by such tenant, and such tenant shall have the same right in the land so received by him in exchange as he had in the land given in exchange. ### 36. Exchange of land for consolidation of cultivated area.- (1) A person, who wishes to consolidate the area which he cultivates, may apply to the sub-divisional officer to exchange the whole or any portion of such area for land cultivated by another person. (2) If, on receipt of an application under sub-section (1), the sub-divisional officer is satisfied that reasonable grounds exist, he shall grant such application, either in whole or in part, and shall allot to such other person land which is cultivated by the applicant and which is approximately equal in value to, and of the same quality as, the land received by the applicant : Provided that, to such extend as any land to be exchanged is not approximately equal in value and of the same quality, the sub-divisional officer shall award monetary compensation to balance the advantages and disadvantages, collect such compensation as arrears of revenue, and pay it to the persons entitled. (3) After the order passed under sub-section (2) is complied with, each person shall have, in respect of the land which he receives in exchange, the same right as he had in the land which he gives in exchange. (4) No order of exchange shall be passed under this section-- (a) in respect of land which is cultivated by a non-occupancy tenant, or is burdened with any lease, mortgage or other encumbrance; or (b) between persons who are not landlords, or tenants of the same landlord, or who do not stand to one another in the relation of landlord are tenant. (5) After deciding the case, the sub-divisional officer shall submit the record for confirmation of the order by him to the collector : Provided that, if any area is under record operations, all applications under this section relating to such area shall be filed in the court of the record officer. (6) If the application is decided by the record officer, the record shall be submitted for confirmation of the order passed by him to the Chief Commissioner. ### 37. Acquisition of land by the landlord for certain purposes.- (1) A landlord may apply to the collector to acquire for him land held by a tenant for any of the following, purposes, namely, -- (a) for farming on improved lines; or (b) for making any water-course, reservoir or tank for irrigation purposes ; or (c) for opening or working a lime-stone, kankar or other mineral quarry ; or (d) for undertaking, or allowing any other person to undertake, prospecting work to discover new sources of supply of mines and minerals; or (e) for the proper working or developing of a mine or mining industry. (2) The landlord shall, in case of an application under clause (a), and may, in case of an application under any other clause, file a list of his plots available in the same or in a neighbouring village, out of which the tenant may make a selection in exchange for the land applied for. (3) On getting such application, the collector shall issue a proclamation calling upon persons who claim any interest in such land, either as proprietor or otherwise, to file objections, if any, within the period specified in the proclamation. (4) If the collector is satisfied that reasonably grounds exist, he shall order the acquisition of the land applied for, or such part thereof as he deems fit, settle the question of compensation in accordance with the provisions of sub-sections (5) and (7) and order the ejectment of the tenant from the land acquired. (5) The collector, before passing an order of ejectment under sub-section (4), shall proceed as follows :-- (i) if an agreement, which in the opinion of the collector is not unfair, is arrived at, he shall give effect to it; and (ii) failing such agreement he shall-- (a) in case of an application under clause (a) of sub-section (1), give to the tenant an option to select plots included in the list and allot to him, out of the plots so selected, an area of land approximately equal in value to, and of the same qualify as, the land acquired; and (b) in case of an application under clause (b), (c), (d) or (e) of sub-section (1), give to the tenant an option to select plots included in the list, if one is filed under sub-section (2), and allot to him, out of the plots so selected, an area of land approximately equal in value to, and of the same quality as, the land acquired, but if the tenant claims monetary compensation only or if no list is filed under sub-section (2), the collector shall award to the tenant monetary compensation for his interest in such land; and (c) to such extend as the land given in exchange under sub-clause (a) or (b) is not approximately equal in value and of the same quality, award monetary compensation to balance the advantages and disadvantages. (6) If any land is allotted to the tenant under sub-section (5), he shall have the same right in such land as he had in the land from which he is ordered to be ejected. (7) If, as a result of an order of acquisition, the interest of any person, other than the tenant of the land to be acquired, is adversely affected, the collector shall award to such person monetary compensation for the lost suffered by such person in consequence of such order. (8) After deciding the case, the collector shall submit the record for confirmation of the order passed by him to the Chief Commissioner. (9) The amount of monetary compensation awarded under this section shall be recovered as arrears of revenue and paid to the person entitle. ### 38. Decision of certain disputes arising out of acquisition proceedings.- (1) If, in the course of proceedings under section 37, a question of proprietary right arises, the collector shall decide the dispute and submit the record of the case for confirmation of the order passed by him to the Chief Commissioner. Provided that the collector may, if he deems fit, instead of deciding such dispute, grant to any party a certificate declaring that the matter is fit to be determined by a civil court and dismiss the application for acquisition of land. (2) The person to whom such certificate is granted may, within three months of the grant thereof, institute a suit to establish his right in a court of competent jurisdiction, and such court may, upon the production of such certificate, entertain such suit. (3) Where a party, a whom such certificate has been granted, fails to institute a suit within the time allowed, he shall be deemed to have instituted such suit and lost it. (4) The dismissal of an application under the proviso to sub-section (1) shall be no bar to the entertainment of a second application for acquisition filed by the landlord, if-- (i) in the civil suit, instituted under the provisions of the said proviso, the question of proprietary right is determined in his favour; or (ii) in case a certificate to file a suit has been granted to a person other than the landlord, no such suit has been filed within the period allowed under sub-section (2). ### 39. Reinstatement of tenant ejected under section 37.- (1) When a tenant is ejected under section 57, he shall, on application made to the sub-divisional officer, be entitled to be reinstated in the land acquired on the conditions specified in sub-section (3), if the person for whom the land was acquired-- (a) does not, within two years from the date of such ejectment, use it for the purpose for which it was acquired; or (b) uses it for any other purpose within a period of five years from the date of such ejectment. (2) Such application shall be made-- in case of clause (a) of sub-section (1), within six months of the expiry of the period of two years ; and in case of clause (b) of sub-section (1), within six months of the land being used for any other purpose. (3) The sub-divisional officer, on receiving such application, shall, if the conditions specified in clause (a) or (b) of sub-section (1) are satisfied, reinstate the ejected tenant in the land acquired with the same rights and liabilities and at the same rate of rent as at the date of ejectment on condition that such tenant, before his reinstatement, restores to the person from whom the land was acquired the land or money or both awarded to him by way of compensation under section 37. (4) After the decision of the case, the sub-divisional officer shall submit the record for confirmation of the order passed by him to the collector. ### 40. Acquisition of proprietary right by tenant.- (1) If a tenant, other than a non-occupancy tenant, desires to acquire proprietary right in his holding, he may apply, in the prescribed form, to the collector for acquisition of such right. Provided that no such application shall lie in respect of a part of a holding. (2) On receipt of application under sub-section (1), a notice shall be served on the landlord and a copy thereof shall be affixed in a prominent place in the village, stating that the tenant of such holding has applied for an order of acquisition, and that the landlord or any other person interested in such proceeding may file any objections within one month of the affixation of such notice. (3) The collector, after deciding the objections filed, shall, if he finds the applicant entitled to acquisition, assess the amount of -- (a) compensation on account of the holding which shall be twelve times the annual rental value of such holding, calculated at sanctioned rates applicable to hereditary tenants ; (b) compensation for any improvement, if any, made by the landlord on such holding ; and (c) the revenue payable on such holding in the manner prescribed ; and pass an order that, on payment of such compensation within the period allowed by the collector, the tenant shall become the biswadar of his holding and shall be liable to pay the revenue assessed thereon. (4) After the decision of the case, the collector shall submit the record of the case for confirmation of the order passed by him to the Chief Commissioner. (5) The landlord shall, after the tenant has become biswadar, be entitled to claim reduction in the revenue payable by him as prescribed. Chapter VI GENERAL PROVISIONS RELATING TO TENANCIES -------------------------------------------------------- Leases ### 41. Right to written lease and procedure to obtain it.- (1) The tenant of a holding shall be entitled to receive, from his landholder, a written lease, consistent with the provisions of his Act, drawn up in the prescribed form. (2) If the lease is not issued to the tenant, or it does not contain the particulars required to be stated therein, or contains particulars which the tenant does not accept as correct, he may make an application to the tahsildar and claim the lease in the proper form. (3) Along with his application the tenant shall file three copies of the draft lease in the prescribed form, stating therein all the particulars in accordance with the terms settled between him and his landholder, and shall verify each copy as a plaint. (4) The tahsildar shall, on receipt of the application, issue notice accompanied by a company of the lease to the landholder to file objections, if any, within the period specified therein. (5) If the landholder appears and admits the correctness of the lease, or, after due service of the notice, does not appear, the tahsildar shall sign and date the lease, put his official seal on it and deliver it to the tenant. (6) If the landholder files an objection, the tahsildar shall decide it, and it the tenant is entitled to a lease, deliver the lease in the manner provided by sub-section (5). (7) If the lease is delivered to the tenant under sub-section (5) or (6), a true copy thereof shall be furnished to the landholder and a copy of such lease shall be placed on the record of the case. (8) The tahsildar shall submit the record of the case for confirmation of the order passed by him under sub-section (6) to the sub-divisional officer. (9) A lease so delivered shall be deemed to be registered under the Indian Registration Act, 1908 (XVI of 1908) and the terms thereof, in so far as they are consistent with the provisions of this Act, shall be binding on the parties thereto. ### 42. Registration of leases.- (1) A lease for a period exceeding one year, or from year to year, or for reclaiming any land shall be made by a registered instrument only. (2) Notwithstanding anything contained in sub-section (1), the parties to such lease may, in lieu of registering the same, obtain the attestation thereto of a girdawar, a naib-tahsildar, or a tahsildar, within whose jurisdiction the land leased is situated in accordance with the provisions of sub-section (4). (3) Such instrument shall be presented for attestation in duplicate. (4) The attesting officer shall, after satisfying himself as to the identify of the parties and the execution of the instrument, make, sign and date on endorsement thereon to the effect that he has so satisfied himself, and shall deliver one copy to the lessor and the other to the lessee: Provided that no such instrument shall be accepted for attestation, unless it is presented within four months of its execution. (5) An instrument so attested shall be deemed to be registered within the meaning of the Indian Registration Act, 1908 (XVI of 1908). Declaration of rights ### 43. Declaration of rights in certain cases.- (1) In case of doubt or dispute the landholder or the tenant may apply for a declaration as to any of the following matters :-- (i) the rent payable or any other particulars prescribed for the lessee; (ii) the right of a person claiming to be a tenant or a joint tenant of a holding, or the specification of his share in such holding; (iii) question of status of a tenant ; (iv) whether a particular plot is-- (a) niji jot, or (b) stable or unstable land. (2) Such application shall be filed in the court of the sub-divisional officer who shall decide the dispute in accordance with the provisions of this Act, and submit the record of the case for confirmation of the order passed by him to the collector. Improvements ### 44. Right of certain tenants to make improvements.- An occupancy, an exproprietary or a hereditary tenant may make any improvement, but he shall not construct a tank unless he has obtained the written consent of the landholder. ### 45. Right of non-occupancy tenants to make improvements.- No non-occupancy tenant shall make any improvement except with the written consent of his landholder : Provided that, if such tenant is a sub-tenant, he shall not make any improvement unless-- (a) it is an improvement which his landholder could himself have made; and (b) he has obtained the written consent of his landholder. ### 46. Right of landlord to make improvement.- (1) A landlord may, with the sanction of the sub-divisional officer, make an improvement on, or affecting, the holding of a tenant : Provided that no such sanction shall be required if the tenant of such holding is a non-occupancy tenant, or the improvement which the landlord desires to make is a well. (2) If the sub-divisional officer refuses to give sanction, he shall submit the record of the case for confirmation of the order passed by him to the collector. ### 47. Provision when both landlord and tenant want to make the same improvement.- (1) If both the landlord and the territory want to make the same improvement which they are entitled to make under this Act, the sub-divisional officer shall on application, allow the tenant to execute the word within a specified period and may, on reasonably cause being shown, extend such period from time to time : Provided that the total period of such extensions shall not exceed six months. (2) If the tenant fails to execute the work within such period or extended period, the landlord shall have the right to make such improvement. ### 48. Restrictions on making improvement.- Nothing in this Chapter shall entitle to tenant or a landholder to make an improvement on, or detrimental to, any land, no included in the holding to be benefited by such improvement, unless he is in possession of such land as owner, or has obtained the written consent of the landlord and of the tenant, if any, of such land. ### 49. Compensation for improvement, when permissible.- A tenant who has made a work of the kind to which the provisions of clause (13) of section 4 apply, whether such work was made before or after the commencement of this Act, shall be entitled to claim compensation --- (a) if an order of ejectment is passed against him; or (b) if he has been wrongfully ejected from his land and has not recovered possession thereof : Provided that in case of a dwelling house mentioned in sub-clause (i) of clause (13) of section 4, the tenant may, instead of claiming compensation, sell or remove the materials thereof or, with the written consent of the landlord and within such period as the court deciding the claim for compensation may specify, transfer the right of residence therein to any tenant of the village : Provided further that except in case of such dwelling house, compensation shall not be payable for any work made more than thirty years prior to the date on which the order of ejectment was passed or the tenant was wrongfully ejected. ### 50. Determination of compensation.- When, under any provision of this Act, a court has to determine the amount of compensation due on account of as improvement, it shall have regard-- (a) to the amount by which the value of the produce of the holding, or the value of that produce, is increased by the work, (b) to the condition of such work and the probable duration of its effect, (c) to the extend or benefit to which the landholder or the tenant may be entitled under section 51, and (d) to the labour and capital required for the making of such work, allowing for-- (i) any reduction or remission of rent or any other advantage allowed to the tenant by the landholder in consideration of the work, (ii) any assistance give to the tenant by the landholder in money, material or labour, and (iii) in the case of reclamation or of conversion of unirrigated to irrigated land , the length of time during which the party claiming compensation has had the benefit of the improvement. ### 51. Works benefiting other land.- (1) If a tenant has made an improvement on land from which he is ejected, the landholder shall, on payment of compensation, if awarded, become the owner of the word, but the tenant shall be entitled to the benefit of the word in respect of the land remaining in his possession to the same extend and in the same manner as it was hitherto benefited thereby. (2) If a tenant has made an improvement on land which remains in his possession after he is ejected from the other portion of his holding, the landholder shall, in accordance with the conditions laid down by the court, be entitled to the benefit of such work in respect of the land from which the tenant has been ejected to the same extend and in the same manner as it was hitherto benefited thereby. ### 52. Disputes as regards improvements.- If a question arises between a tenant and his landholder-- (a) as to the right to make an improvement ; or (b) as to whether a work contravenes the provisions of section 48 ; or (c) as to whether a particular work is an improvement ; or (d) as to the right to the benefit of an improvement under section 51, the sub-divisional officer shall, on the application of either party, decide the question and submit the record of the case for confirmation of the order passed by him to the collector. Trees ### 53. Right of tenant paying fixed money rent to plant tree.- A tenant other than a non-occupancy tenant, who pays fixed money rent may plant on his holding any tree : Provided that -- (a) he shall not plant any tree in such a way as to diminish the value of any land, not included in his holding ; and (b) he shall, in the absence of a written agreement to the contrary, continue to be liable to pay the full rent of the holding. ### 54. Right of a tenant paying batai or bighori to plant tree.- A tenant, other than a non-occupancy tenant, who pays rent by batai, or bighori or partly by batai and partly by bighori, may plant any tree with the written consent of his landlord on such terms as may be settled between them : Provided that he shall not plant any tree in such a way as to diminish the value of any land, not included in his holding. ### 55. Tenant's rights in tree existing at the commencement of the Act.- (1) Any tree standing at the commencement of this Act on the holding of a tenant, not being a sub-tenant, shall vest in such tenant, if he has continuously been in possession of such holding for not less than twelve years immediately before such commencement. (2) If a tree does not vest in such tenant under sub-section (1), he may--- (i) if such tree hinders the cultivation of the holding, fell it with the previous sanction of the tahsildar and after notice in writing to the landlord or his agent, and deliver the timber thereof to such landlord or agent; (ii) appropriate such tree and pay to the landholder such price as the tahsildar may, on the application of the tenant, fix. (3) The tahsildar shall, if the order giving or refusing sanction for felling such tree or fixing the price thereof is passed in a contested case, submit the record of the case for confirmation of the order passed by him to the subdivisional officer. ### 56. Decision of disputes regarding trees.- If a dispute arises between a landlord and a tenant as to the right to plant any tree, or the manner of planting it, or regarding the ownership of any tree, the dispute shall, on the application of either party, be decided by the sub-divisional officer who shall submit the record of the case for confirmation of the order passed by him to the collector. Surrender and abandonment ### 57. Surrender by tenant.- Subject to the provisions of section 29, a tenant, not bound by a lease or other agreement to continue to occupy any holding in the following year, my-- (i) by means of a registered letter, sent to his landholder before the first day of March in any year, notify his intention to surrender his holding at the end of the agricultural year, whether such holding is or is not held by a sub-tenant; and (ii) surrender his holding by giving up possession thereof accordingly: Provided that an exproprietary tenant shall not surrender his holding or any part thereof except to his own landholder, and unless (a) a period of two years has elapsed from the date of accrual of the exproprietary rights, and (b) such tenant has obtained the previous sanction of the collector : Provided further that nothing in this section shall affect any arrangement by which a tenant, other than an exproprietary tenant, and the landholder may agree to the surrender of the whole or any portion of the holding. ### 58. Abandonment.- (1) subject to the provisions of sub-sections (2) and (3), a tenant, who ceases to cultivate his holding and leaves the neighbourhood, shall responsible for payment of the rent as it falls due and gives written notice to the landholder of such arrangement. (2) If the person so left in charge is a person-- (a) on whom, in the event of the tenant's death, the tenant's interest would devolve, or (b) who is to manage the holding for the benefit of the person on whom, in the event of the tenant's death, the tenant's interest would devolve, the tenant shall, on the expiry of a period of seven years, lose his interest in his holding unless he, within such period, resumes cultivation thereof, and such interest shall devolve on the person on whom the interest of the tenant would devolve in the event of his death. (3) If the person so left in charge is not a person mentioned in sub-section (2), the tenant shall, on the expiry of a period of three years, be deemed to have abandoned his holding, unless within such period he resumes cultivation thereof. (4) A tenant who ceases to cultivate and leaves the neighbourhood, otherwise than in accordance with the provisions of sub-section (1), shall be deemed to have abandoned his holding. ### 59. Taking possession of holding surrendered or abandoned.- A landholder may enter upon, and occupy, the land surrendered or abandoned in accordance with the provisions of this Act. ### 60. Dispute arising out of surrender and abandonment of land.- (1) If a dispute arises as to-- (a) the right of a tenant to surrender his holding or part thereof, or (b) the right of a landholder to enter upon and occupy the land under the provisions of section 59. either party may, within three months from the date of such dispute, apply to the tahsildar for decision. (2) The tahsildar shall decide the dispute and submit the record of the case for confirmation of the order passed by him to the subdivisional officer. Chapter VII PREMIA AND OTHER LEVIES ---------------------------------------- ### 61. Acceptance of premium; how far permissible.- No landholder shall accept a premium for admitting a person to a holding : Provided that this prohibition shall not apply to landlord who confers biswadari right in any waste or unimproved land or common land of a village. ### 62. Lag, neg and cess.- (1) Notwithstanding any custom or contract to the contrary, on lag, or neg, by whatever name called or known, shall, in addition to the rent of the holding, be levied on, or recovered from, a tenant: Provided that this prohibition shall not apply to a village development cess levied under sub-section (2) . (2) The Chief Commissioner may, with the previous approval of the Central Government, declare that the tenants of any village shall be liable to pay a village development cess, not exceeding two and a half per cent.of the rental to be applied for such purposes, and to be collected and disbursed in such manner, as may be prescribed in this behalf. (3) In case of doubt, the Chief Commissioner may determine whether any levy is a levy prohibited by sub-section (1). Chapter VIII RENT AND ITS RECOVERY --------------------------------------- Part I – Basic rent of tenants -------------------------------- ### 63. Liability for payment of rent.- Every occupancy, exproprietory, hereditary or non-occupancy tenant shall be liable to pay rent in accordance with the provisions of section 64 : Provided that if, at the commencement of this Act, a lower rent is payable by a tenant, or, after such commencement of this Act, a lower rent is payable by a tenant, or, after commencement, a lower rent is agreed upon between him and his landholder, he shall be liable to pay such rent only. ### 64. Scale of rent for different classes of tenants.- Subject to the provisions of section 66, a tenant shall be liable to pay rent in accordance with the following scale:-- (a) a hereditary or a non-occupancy one-fifty of the produce of his holding ; tenant, other than a sub-tenant (b) an occupancy tenant ..one-sixty of the produce of his holding ; (c) an exproprietary tenant ..one-eighty of the produce of his holding : Provided that if any area bighori at customary rate is payable for any crop, a tenant may elect to pay such rate for such crop : Provided further that if, a tenant grows cotton, or a crop in which cotton predominates, on more than one fourth of the irrigable area of his holding, the rent of such excess area shall be payable at double the bighori at customary rates. Explanation.-- In this section the expression "produce of his holding" shall not include the straw chaff (bhusa) of the rabi or the dry stalks of kharif crop. ### 65. Status and liability of person permitted to retain possession.- Notwithstanding anything contained in section 106, a person occupying any vacant land in contravention of the provisions of his Act shall, if permitted in writing by the landlord to retain possession of such land, become a hereditary tenant thereof and shall be liable to pay rent in accordance with the provisions of sections 63 and 64. Part II – Payment and recovery of rent ---------------------------------------- General provisions ### 66. Hypothecation of produce towards payment of rent.- The produce of every holding, whether sub-let or not, shall be deemed to be hypothecated to the landlord for the rent payable in respect of such holding and, until and demand for such rent has been satisfied, no other claim on such produce shall be enforced by sale in execution of a decree of a civil or revenue court, or otherwise. ### 67. Procedure when produce is attached by civil or revenue court.- (1) If the produce of any holding is attached by an order of a civil or revenue court, such court shall give notice of such attachment to the landlord who may apply to such court to sell the produce and pay to him, out of the proceeds of the sale thereof, any arrears of rent due in respect of such holding up to the date of the attachment. (2) If such court, on inquiry, finds the landlord's claim to the whole or any part of the rent to be proved, it shall sell the produce or such portion thereof as it may deemed fit, and apply the proceeds of the sale, in the first instance, to satisfy such claim. ### 68. Right of landlord of collect rent from cultivator.- (1) If the rent of a holding which is sub-let, or is left in charge of another person under section 58, is payable to the landlord by batai, be may collect such rent from the sub-tenant or such person : Provided that if any rent is so collected by the landlord, the sub-tenant may deduct such rent from any rent payable by him to his landholder. (2) If any conflict arises between the claims of the landlord and the tenant of such holding to collect rent from the sub-tenant the claim of the landlord shall prevail. ### 69. No cartage allowed.- When rent is paid by batai, the landholder shall not claim or receive any additional quantity of the produce or its money equivalent for cartage to his won residence or to any market-place. ### 70. Presumption as to payment by tenant and application of such payment.- If a tenant makes a payment to his landholder, the payment shall, in the absence of a direction to the contrary, be deemed to have been made on account of rent, and shall be credited to any year, instalment or holding, specified by the tenant : Provided that no such payment shall be applied to the discharge of an arrear of rent which has been outstanding for more than two years at the date of such payment. ### 71. Modes of making payment of money rent.- (1) A payment of a money rent may be made by a tenant to his landholder, either direct or by money order : Provided that the acceptance by a landholder of a sum paid by money-order shall not, by itself or by virtue of any thing written on the money-order from, be deemed to constitute an admission by him as to the amount of rent payable or due on account of any particular year, instalment or holding, or an admission that the payer is a tenant. (2) When such rent is sent by money order, in the case of acceptance, the payee's receipt and in the case of refusal, the endorsement of such refusal on the money-order form, duly stamped by the post office, shall be admissible in evidence without formal proof and shall, until the contrary is proved, be presumed to be a correct record of such acceptance or refusal. ### 72. Right to get receipt.- (1) Every tenant, lessee or license who makes payment on account of rent, sayar or premium shall be entitled to obtain forthwith from the landholder a written receipt signed by the landholder or his agent. (2) The landholder shall, from a book printed under section 74, give a separate receipt for each sum paid on account of rent, sayar or premium, and shall prepare and retain a counterfoil of each receipt given by him. ### 73. Penalty for not issuing proper receipt.- If a receipt is not issued in the prescribed from, or does not contained substantially the particulars required to be stated therein, or if a joint receipt for rent, sayar or premium has been given in contravention of the provisions of sub-section (2) of section 72, it shall be presumed, until the contrary is proved, to be an acquittance in full of all demands for rent, sayar, or premium, as the case may be, up to the date on which the receipt was given. ### 74. Obligation of Chief Commissioner to print and supply books of receipt.- The Chief Commissioner shall cause to be printed and kept for sale to landholders, at all tahsil headquarters, books of receipts with counterfoils in the prescribed form at a rate, not exceeding the actual cost of production, plus five per cent.thereon to cover incidental charges. ### 75. Penalty for non-production of receipt book with counterfoils.- If, in any proceeding under this Act between a landholder and a tenant in which the payment of rent, sayar or premium is in dispute, the landholder, when order by the court to produce the book of receipts with counterfoils which he is required to retain under section 72, fails to produce it, the court may accept the plea of the tenant regarding such payment as correct or may make any presumption against the landholder which it considers reasonable. ### 76. Rights and liabilities in respect of produce.- (1) When rent is payable by batai, the tenant shall have a right to the exclusive possession of the crop and to cut and harvest it in due course of husbandry without any interference on the part of the landholder, but shall not be entitled to cut any portion of the procedure of his holding or to remove it from the threshing-floor at such time or in such manner as to prevent the due division thereof at the proper time. (2) If a landholder prevents a tenant from tending, cutting, gathering or storing the crop, or otherwise interferes with harvesting operations, he shall be liable, on the complaint of the tenant, to pay to him such sum, not exceeding one hundred rupees, as may be awarded as compensation and such sum shall be recovered as arrears of revenue and paid to the tenant. (3) Such complaint shall be made in writing to the sub-divisional officer who shall inquire into, and decide, the case and submit the record for confirmation of the order passed by him to the collector. (4) If the tenant cuts or removes any portion of the produce of his holding, contrary to the provisions of sub-section (1), such produce shall, for the purpose of determining the share of the landholder, be deemed to be equal to that of the best crop of the same kind grown at that harvest on similar land in the neighbourhood. ### 77. Application for officer to make division.- (1) When the rent of any land is payable by batai, the tenant may, when the crop is ripe, apply to the tahsildar requesting the an officer be deputed to make the division and, subject to the payment of the prescribed fee, the tahsildar shall, within ten days of such payment, depute an officer for the purpose. (2) The officer so deputed shall proceed to the spot on a day of which notice shall be given to the landholder and the tenant, cause the crop to be cut or gathered, and stored, and, after such inquiry as he deems fit, get the produce divided in accordance with the shares to which the parties may be respectively entitled. (3) The weighment charges or other expenses, if any, incurred in making the division, shall be borne by the parties in proportion to their shares in the produce. (4) In making the division, such officer shall take the assistance of assessors to be appointed, as nearly as may be, in accordance with the provisions of sub-sections (2) and (3) of section 79, draw up a note specifying the shore of produce delivered to each party and other necessary particulars, explain such not to the parties and assessors, get it signed by them and submit it with his report to the tahsildar. (5) Such officer shall not allow any levy prohibited by sub-section (1) of section 62 to be charged at the time of batai, and in his report to the tahsildar be shall state that no such levy was charged. (6) If either the landholder or the tenant is dissatisfied with the division he may, within fifteen days of such division, complain in writing to the tahsildar who shall inquire into the matter and, if necessary, pass a decree for money in favour of the party entitled, by him to the sub-divisional officer.If no such complaint is made, the tahsildar shall confirm the note of the officer deputed. (7) The sub-divisional officer may confirm, amend or set aside the decree or order or pass such other order as he deems fit. (8) A decree for money passed under sub-section (6) or (7) shall, if against the tenant, be deemed to be a decree for arrears of rent and, if against the landholder, be realised in accordance with the provisions of sections 88 and 89. ### 78. Application for kuta.- If by an agreement between a landholder and his tenant, the batai rent of a holding is payable in cash by kuta, either party may apply in the prescribed form to the tahsildar to depute an officer to make the kuta. ### 79. Procedure on application.- (1) On receipt of an application under section 78, and on payment of the prescribed fee, the tahsildar shall, within ten days of such payment, issue a written notice to the landholder and the tenant to attend on such date and at such time and place as may be specified in the notice, and shall depute an officer by whom the kuta shall be made. (2) On the day, and at the time and place, so fixed, such officer shall attend and call upon each party to appoint a resident of the neighbourhood as an assessor to assist him. (3) If any party fails to attend, or refuses to appoint an assessor, such officer shall appoint an assessor on his behalf and shall, with the assistance of the assessors so appointed, make the kuta and deliver an award in the prescribed form and submit the same with a report of the proceedings to the tahsildar. (4) The tahsildar shall issue notice to the parties to file objections, if any, to the award within fifteen days of the date of service of such notice and shall, after hearing such objections and making such inquiry, as he considers necessary accept or modify such award and submit the record of the case for confirmation of the order passed by him to the sub-divisional officer. (5) The sub-divisional officer may, after further inquiry, if necessary, confirm or modify the award. (6) After the award has become final, the tahsildar shall assess the money value of the rent payable to the landholder and pass a decree for arrears of rent against the tenant. ### 80. Collector to publish return of current prices.- Within one month of the end of harvesting operations in a tahsil, or as soon thereafter as may be, the collector shall prepare, in the prescribed manner, a return of market prices current at the harvest time of all food and non-food clops grown in such tahsil and the return so prepared shall be accepted for assessing the money value of the produce of a holding in cases triable under this Act: Provided that it, any area, the Central Government has fixed any price for any agricultural produce such price shall be accepted for making such assessment. ### 81. Assessment of bighori by court.- (1) In case of bighori-- (a) if the landholder or the tenant neglects to measure the area sown at the proper time, or (b) if there is a dispute about the extent of the area sown, the length of the measuring chain, or the manner of measurement of such area, either party may make an application to the tahsildar, requesting that a measures be appointed to measure such area. With the application, the applicant shall deposit such fee as may be prescribed. (2) The provisions of sub-sections (1) to (3) of section 79 shall apply to an application made under this section, as if for the words "kuta" and "officer", wherever they occur in such sub-sections, the words, "measurement" and "measurer" respectively were substituted. (3) On receipt of the measurer's award, the tahsildar shall issue notice to the parties to file objections, if any, within fifteen days of the date of service of such notice and, after hearing such objections, pass a decree for the arrears of rent found due, and submit the record of the case for confirmation of the decree passed by him to the sub-divisional officer. ### 82. Commutation of batai rent into bighori in certain cases.- (1) Where a tenant, other than a non-occupancy tenant, has heretofore paid his rent by batai, or partly by bighori and partly by batai, he may apply to the sub-divisional officer to commute his rent paid by batai into bighori. (2) The sub-divisional officer shall, in accordance with the table of rates prepared in the prescribed manner, declare the bighori which such tenant shall be liable to pay. ### 83. Payment of commuted rent.- The rent commuted under the provisions of section 82 shall become payable from June next following the date of the order and shall remain in force for three agricultural years unless, at the end of such period, the landlord and the tenant, by a joint application made to the sub-divisional officer, get the period extended for any terms agreed upon between them. Arrears ### 84. Rent when and how payable.- (1) Subject to the provisions of this Act, the rent of a tenant shall be payable as follows :-- (i) in case of batai or bighori-- (a) as agreed upon between the tenant and the landholder, (b) in the absence of any such agreement, according to local custom, and (ii) in case of fixed money rent, in instalments proportionate to the revenue instalments payable one months before the dates appointed for the payment of the revenue instalments. (2) Rent, or any instalment thereof, not paid by due date, shall be deemed to be in arrears. ### 85. Claim for arrears of rent.- (1) If rent, which is payable by batai or bighori, is in arrears, or if the tenant has, without sufficient cause, failed to cultivate his holding, the landholder may, within two yeas of the date on which rent became payable, apply to the tahsildar for the recovery of arrears of rent. (2) An application for the recovery of fixed money-rent shall be made to the tahsildar within two years of the date on which such rent became payable. (3) For purposes of the assessment of the rent recoverable under sub-section (1)-- (i) in case of batai, the provisions of sub-section (4) of section 76 shall apply, and ii) in case of batai or bighori, the entire area of the holding of the defendant shall, in the absence of evidence to the contrary, be deemed to have been actually cultivated during the period to which the claim relates. (4) The tahsildar shall decide the case and submit the record for confirmation of the decree passed by him to the sub-divisional officer. ### 86. Interest in cases of arrears of rent.- When a court passes a decree for arrears of rent under the provisions of this Chapter, it shall allow interest on the amount decreed from the date of such decree till the date of its satisfaction at the rate of one anna per rupee per annum simple interest unless, for reasons to be recorded in writing, it disallows the interest or allows interest at a lower rate. ### 87. Landlord's power to charge irrigation dues.- If a landlord had constructed a tank, whether before or after the commencement of this Act, he shall, subject to the rules made by the Chief Commissioner, be entitled to charge irrigation dues from persons irrigating land from such tank, at such rates as may be prescribed. ### 88. Method of recovering sayar.- (1) A landlord to whom any sum is due on account of sayar may, on an application to the tahsildar, recover the same by attachment and sale of the property of the defaulter with the exception of the following :-- (a) the necessary wearing apparel, cooking utensils, beds and bedding of the defaulter, and of his wife and children and such personal ornaments as, in accordance with religious usage, cannot be parted with by any woman ; (b) his implements of husbandry and such cattle and seed grain as may, in the opinion of the court, be necessary to enable him to earn his livelihood as an agriculturist; and (c) houses and other buildings belonging to the defaulter and actually occupied by him or used by him as a cattle-shed. (2) If, in the course of any proceeding under sub-section (1), any claim is preferred to, or any objection is made to the attachment of, any property by any person, whether a party to such proceeding or not, the tahsildar shall decide the dispute and submit the record of the case for confirmation of the order passed by him to the sub-divisional officer. ### 89. Realisation of sayar as arrears of revenue.- (1) If, in the opinion of the tahsildar the arrears of sayar cannot be recovered under section 88, he may move the sub-divisional officer to sanction the collection of such arrears as arrears of revenue. (2) The sub-divisional officer may, if he is satisfied that such arrears cannot be recovered under section 88, direct the tahsildar to recover such arrears as arrears of revenue. (3) Any arrears of sayar recovered under section 88 or under this section shall be paid by the tahsildar to the person entitled. Part III – .- Emergency provision ----------------------------------- ### 90. Recovery of arrears in the event of general refusal to pay.- (1) In case of any general refusal to pay rent or any demand on account of sayar to persons entitled to collect the same in any area, the Chief Commissioner may, by notification in the Official Gazette, declare that such rent or demand may be recovered in accordance with the provisions of sub-section (2). (2) In any area to which a notification made under sub-section (1) applies, a landholder entitled to collect such rent or demand may, notwithstanding anything to the contrary contained in this Act or any other law for the time being in force, apply in writing to the tahsildar to recover the same, and the tahsildar shall, after satisfying himself that the amount claimed is due, recover the same with costs as arrears of revenue and submit the record of the case for confirmation of the orders passed, and the action taken, by him to the collector. (3) The collector may, after examining the record, order that, after deducting from the amount recovered the collection charges which shall not ordinarily exceed seven per cent.of the amount so recovered, the balance shall be made over to the person entitled : Provided that the total amount deducted as court-fee under section 173 and collection charges shall not, in the aggregate, exceed fourteen and a half per cent.of the amount so recovered. (4) No order passed under this section shall debar a landholder from recovering, under the provisions of this Act, any amount due to him which has not been recovered under this section. Part IV – .- Payment of revenue by biswadars to jagirdars and muafidars. -------------------------------------------------------------------------- ### 91. Application of certain sections to biswadars.- (1) The provisions of sections 62, 66, 67 to 77, 81, 87 to 90 and 108 to 112 shall apply to a biswadar in relation to a jagirdar or a muafidar, as it in such sections for the word 'tenant', the words 'biswadar' and for the words 'landlord' or 'landholder' the word 'jagirdar' or muafidar', as the case may be, and for the word "rent" the words "revenue payable by a biswadar", were substituted. (2) The amount of a decree for arrears of revenue passed against a biswadar, if not satisfied within thirty days of the date when such decree becomes final shall, on the application of the decree-holder, be recovered by the tahsildar as arrears of revenue and paid to the person entitled. Chapter IX EJECTMENT OF TENANTS ------------------------------------ General ### 92. Arrears deemed satisfied when tenant is ejected.- Subject to the provisions of sub-section (2) of section 94, when a tenant is ejected from his holding for non-payment of arrears of rent, all arrears, whether decreed or not, and irrigation dues due in respect of such holding on the date of ejectment shall be deemed to have been satisfied. ### 93. Decree for arrears, how executed.- No decree for arrears of rent shall be executed against a tenant otherwise than in the manner provided by section 98. ### 94. Adjustment of arrears and compensation on ejectment.- (1) A court, deciding any proceeding under this Act by which a tenant is ejected from his holding or part thereof shall, before passing an order or ejectment, award the amount of compensation due to him on account of an improvement, a tree or a crop belonging to him and existing on such holding : Provided that if, on the date of such order, no arrears of rent, decreed or undecreed, or irrigation dues are outstanding against him on account of such holding and there is a tree or crop upon the land, he may cut and remove such three and, subject to such payment and such other terms as the court passing the order may specify, use such land for tending, gathering and removing such crop. (2) If, on such date, any such arrears are outstanding against the tenant and the amount of compensation awarded to him under sub-section (1) exceeds the amount recoverable from him as such arrears, the order for ejectment shall be conditional on the payment into court by the landholder of the balance due to the tenant within such time as the court may direct; and if the amount of such compensation does not exceed such arrears, any claim for compensation made by the tenant shall be deemed to have been satisfied on his ejectment. ### 95. Entry of landholder on land from which tenant is ordered to be ejected.- (1) A landholder may enter upon possession of a holding or part thereof from which a tenant is ordered to be ejected : Provided that he shall not enter upon such holding or part unless -- (a) in a case to which the proviso to sub-section (1) of section 94 applies, the tenant has gathered and removed the crop in due course of husbandry ; and (b) the amount of compensation, if any, awarded by the court has been paid into court or adjusted in accordance with the provisions of sub-section (2) of section 94. (2) If the amount of compensation awarded under sub-section (1) of section 94 has not been paid into court or adjusted in accordance with sub-section (2) of that section, the order of ejectment shall be cancelled, and the landholder shall be liable to pay to the tenant the cost of the proceedings which shall be collected as arrears of revenue and paid to the tenant. (3) If the tenant offers any resistance or obstruction to entry on land on which a landholder has become entitled to enter under sub-section (1), the court passing the order of ejectment shall, on the application of the landholder, direct that such landholder be put into possession of such land and where he is still resisted or obstructed in obtaining possession, the court may, at his instance, order the tenant to be detained in the civil prison under rule 98 of Order XXI of the Code of Civil Procedure, 1908 (V of 1908). (4) The court hearing any proceeding by which a tenant is ejected from his holding or part thereof shall decide all disputes arising under section 94 or this section and such decision shall be subject to confirmation by the court to which the record of such proceeding is submitted for confirmation. Ground of ejectment ### 96. Grounds of ejectment.- A tenant shall be liable to ejectment from his holding on one or more of the following grounds :-- (a) that a final decree against him for arrears of rent in respect of that holding has remained unsatisfied; or (b) that he is guilty of any act detrimental to the land in that holding, or inconsistent with the purpose for which it was let; or (c) where rent is payable by batai, that for three successive years he has, without sufficient cause, failed to cultivate his holding; or (d) that he or any person holding from him has broken a condition on breach of which he is, by special contract which is not contrary to the provisions of section 8, liable to be ejected; or (e) that he has sub-let or otherwise transferred his holding or part thereof in contravention of the provisions of this Act : Provided that the use of one-twentieth part of a plot included in a holding for growing grass or for the construction of enclosures on such part for stock raising, or for any purpose subservient to agriculture, shall not constitute a ground for ejectment under clause (b) . ### 97. Special grounds of ejectment of non-occupancy tenants.- A non-occupancy tenant, other than a sub-tenant to whom the provisions of section 32 apply, shall be liable to ejectment on the ground that he holds only as a tenant from year to year, or under a lease which has expired or will expire by the end of the current agricultural year. Procedure for ejectment ### 98. Procedure in ejectment for decreed arrears.- (1) Immediately after a decree for arrears of rent passed under section 77, 79, 81 or 85 has becomes final, the tahsildar shall cause a notice to be served on the tenant stating the amount due under the decree, and requiring him, within two months from the service of the notice, to pay such amount into court. (2) If the amount is so paid, the tahsildar shall record satisfaction on the decree and grant a receipt therefor which shall operate as an acquittance for the amount deposited as if such amount had been received by the decree holder and pay such amount to the person entitled to receive it. (3) If the amount is not so paid by the tenant the tahsildar shall order his ejectment from his holding or part thereof as prescribed and submit the record of the case for confirmation of the order passed by him to the sub-divisional officer. (4) The sub-divisional officer may-- (a) on the application of the tenant, extend the time for the payment of the decretal amount for a period, not exceeding two months from the date of such order; or (b) allow payment into court of such amount by instalments and specify the time for payment thereof; or (c) confirm the order of ejectment. (5) If the sub-divisional officer by order extends the time for the payment of the decretal amount or allows payment by instalments and such order is duly complied with the order of ejectment shall be set aside. (6) If the decretal amount or any instalment is not paid into court within the period allowed under clause (a) or (b) or sub-section (4), the sub-divisional officer shall confirm the order of ejectment. ### 99. Procedure for ejectment on other grounds.- (1) When a landholder desires to eject a tenant on one or more of the grounds specified in clauses (b) to (e) of section 96, he shall file an application in the court of the sub-divisional officer containing such particulars as may be prescribed. (2) If the sub-divisional officer finds that the tenant is liable to ejectment, be shall pass a conditional order for his ejectment either from the entire holding or from such portion thereof, as, having regard to all the circumstances of the case, he considers desirable and shall also direct that -- (i) in the case of an order under clause (b), (c) or (d) of section 96, the tenant shall repair the damage, or pay such compensation as the court may direct within two months from the date of the order, or such further time as the court may, for reasons to be recorded allow; and (ii) in the case of an order under clause (e) of that section, the tenant shall obtain surrender of, or eject the sub-lessee or other transferee from, the holding or part thereof which is sub-let or otherwise transferred in contravention of the provisions of this Act and resume possession of such holding or part, as the case may be, within such time as the court may specify. (3) If the sub-divisional officer is satisfied that the tenant has complied with the order passed under sub-section (2), he shall cancel the order of ejectment, but if he is not so satisfied, he shall make the order of ejectment absolute and shall, in either case, submit the record for confirmation of the order passed by him to the collector. Provided that no application for ejectment shall be entertained on the ground mentioned in clause (c) of section 96, if the landholder has recovered under section 85 the arrears of rent for the period the tenant has failed to cultivate his holding. ### 100. Application for ejectment of non-occupancy tenant.- A landholder who desires to eject a non-occupancy tenant to whom section 97 applies may, in the month of May, make an application in duplicate to the tahsildar stating the following particulars :-- (a) the name, description and place of residence of the landholder ; (b) the name, description and place of residence of the tenant ; (c) a description of the holding, specifying the name of the village, the rent payable, and, unless the holding can be otherwise adequately described, the khasra number and area of each field; and ### 101. Procedure on application.- (1) The tahsildar shall send one copy of the application to the tenant and inform him that he may file objections, if any, within thirty days of the receipt of such application. (2) If the tenant admits his liability to ejectment, or has not appeared within such period, the tahsildar shall pass an order for his ejectment. (3) If the tenant contests his liability to ejectment on the ground that he is not a tenant, or claims occupancy, exproprietary or hereditary rights, or denies the right of the landholder to eject, the tahsildar shall forward the record to the sub-divisional officer for trial of the case. (4) On receipt of the record, the sub-divisional officer shall hear and decide the case and submit the record for confirmation of the order passed by him to the collector. (5) If the liability to ejectment is contested on any other ground, the tahsildar shall decide the case and submit the record for confirmation of the order passed by him to the sub-divisional officer. Remedies for wrongful ejectment ### 102. Remedies for wrongful ejectment.- A tenant ejected by his landholder, otherwise than in accordance with the provisions of this Act may, within one year of such ejectment, apply to the sub-divisional officer -- (a) for possession of the holding ; (b) for compensation for wrongful dispossession ; and (c) for compensation for any improvement he may have made, or for a tree belonging to him. ### 103. Procedure on application.- (1) If the court finds that the tenant has been wrongfully ejected, it shall proceed as follows :-- (a) if the tenant is not entitled to remain in possession after the expiry of the agricultural year in which the order is passed, the order shall not be for recovery of possession, but for costs only, or, if compensation has been claimed and found due, for compensation and costs only ; (b) when the order is for recovery of possession, compensation, if claimed and found due, may be awarded for wrongful dispossession but not for an improvement or a tree ; (c) where an order is given for compensation for wrongful dispossession, but not for possession, the compensation shall be for the whole period during which the tenant was entitled to remain in possession. (2) If the order is for recovery of possession, the sub-divisional officer shall put the tenant wrongfully ejected in possession. (3) After the decision of the case, the sub-divisional officer shall submit the record for confirmation of the order passed by him to the collector. (4) Any amount awarded as compensation shall be recovered as arrears of revenue and paid to the person entitled. Ejectment of person occupying land without titles ### 104. Ejectment of person occupying land without title.- (1) A person, other than a landholder mentioned in section 102, taking or retaining possession of a plot of land otherwise than in accordance with the provisions of this Act shall, on the application made to the sub-divisional officer, be liable to ejectment and also to pay damages. (2) Such application shall be made -- (a) if the unauthorised occupation has existed from a date prior to the commencement of this Act ; (b) in any other case, within three years from the date when the unauthorised occupation first began. ### 105. Procedure on application.- (1) If, on application under section 104, the sub-divisional officer is satisfied that any person taking or retaining possession of a plot of land is liable to ejectment, he shall order the ejectment of such person and award damages which may extend to four times the annual rental value of such plot, calculated in accordance with the sanctioned rates applicable to hereditary tenants. (2) If, on the date of the order of ejectment, there is any ungathered crop or other produce belonging to the person order to the ejected, the applicant shall become owner thereof. (3) The sub-divisional officer shall submit the record of the case for confirmation of the order passed by him to the collector. (4) Any damages awarded under this section shall be recovered as arrears of revenue and paid to the person entitled. ### 106. Consequences of failure to file application under section 102 or 104.- If no application under section 102 or 104 is made within the period of limitation prescribed thereof, and the person ejecting the tenant from, or taking or retaining possession of, land, otherwise than in accordance with the provisions of this Act, cultivates such land, such person shall become-- (i) if the possession proprietary interest in such land, khudkasht-holder ; or (ii) if he does not possess proprietary or tenancy interest in such land, a hereditary tenant. ### 107. No separate relief claimable, if not claimed in revenue court.- A person who has made an application under section 102 or 104, shall not be entitled to institute a separate suit or proceeding in a civil court for any relief which he might and ought to have claimed and has not claimed. Chapter X COMPENSATION AND PENALTIES ----------------------------------------- ### 108. Tenant's a right to claim inquiry for illegal exaction and other matters.- If any landholder or his agent-- (i) dishonestly collects a premium prohibited by this Act, or any sum, or produce in excess of the amount which is due as arrears of rent, or as sayar, or (ii) charges interest on an arrear of rent, not expressly allowed by this Act or at a rate exceeding that allowed by this Act, or (iii) realises, by proceedings in court or otherwise, any rent of which payment has been remitted, or, before the expiry of the period of suspension, any rent of which payment has been suspended under the provisions of this Act, of (iv) habitually refuses or neglects to deliver to the tenant a receipt, or does not prepare and retain a counterfoil of the receipt in the manner prescribed by this Act, or (v) without reasonable cause, credits or applies a payment made towards rent otherwise than in accordance with the provisions of this Act, the sub-divisional officer shall, on the application of the tenant, if made within six months of the contravention of the provision of this Act to which the complaint relates, institute an inquiry and, if he is satisfied that the charge is established, shall award to the tenant monetary compensation not exceeding two hundred rupees and submit the record of the case for confirmation of the order passed by him to the collector. ### 109. Power to award compensation in proceedings for arrears of rent.- (1) If, in the course of proceedings for the realisation of arrears of rent, the trial or the confirming court finds that the landholder has committed any of the acts enumerated in clauses (i) to (v) of section 108, it may award to the tenant compensation, not exceeding one hundred rupees. (2) If such compensation is awarded by the trial court, the record of the case shall be submitted for confirmation of the order passed by it to the sub-divisional officer, and if by the confirming court, to the collector. ### 110. Prosecution of landholder for illegal exaction.- If a landholder or his agent collects from a tenant any lag or neg, he shall be deemed to have committed an offence of extortion within the meaning of the Indian Penal Code (Act XLV of 1860). ### 111. Compensation for exaction by landholder and for false complaint by tenant.— (1) If a landholder compels his tenant to render any service, or makes use of any cattle or any agricultural implement of his tenant against the will of such tenant, whether for remuneration or not, the sub-divisional officer shall, on the application of the tenant made within one month of such service or use and on the charge being established, award to the tenant a sum, not exceeding one hundred rupees, as compensation. (2) If, as a result of inquiry, the sub-divisional officer finds that the complaint is false, and either vexatious or frivolous, he shall award to the landholder a sum, not exceeding one hundred rupees, as compensation. (3) After deciding the case, the sub-divisional officer shall submit the record for confirmation of the order passed by him to the collector. ### 112. Penalty for habitual infringement of rights of tenant.— If a landlord habitually infringes the rights of a tenant under this Act, he shall, notwithstanding anything in section 7 of the Ajmere Government Wards Regulation, 1888 (I of 1888), be deemed to be a “landlord who is disqualified to manage his own property” within the meaning of section 6 of the said Regulation and his property shall be liable to be taken under the superintendence of the Court of Wards. ### 113. Penalty for illegal entry on a holding.— (1) A tenant against whom an order of ejectment from a holding or any portion thereof has become final and who re-enters into or remains in occupation of such holding or such portion, as the case may be, without the written, consent of the person entitled to admit him as tenant, shall be deemed to have committed an offence of criminal trespass within the meaning of the Indian Penal Code (Act XLV of 1860). (2) If a landholder enters upon a holding in the possession of a tenant with the object of dispossessing him of such holding, otherwise than under the provisions of this Act, such landholder shall be deemed to have committed an offence of criminal trespass within the meaning of the Indian Penal Code. (3) Where a person is convicted of such offence and it appears to the court convicting him that the tenant or the landholder has, by reason of anything done in the course of the commission of the offence, been dispossessed of any land, the court shall order such tenant or landholder to be reinstated in such land. ### 114. Compensation, how realisable.— Any compensation awarded under this Chapter shall be recovered as arrears of revenue and paid to the person entitled. Chapter XI GRANTS ---------------------- ### 115. Exemption of muafidar.— The provisions of this Chapter shall not apply to a muafidar. ### 116. Interpretation.— (1) A rent-free grant means a grant by a landlord of a right to hold land rent-free with or without consideration. (2) A grant of land at a favourable rate of rent means a grant held at a rent which, at the time when such grant was made, was below the rent generally payable by a tenant-at-will for land of the same class in the neighbourhood. (3) A village service grant means a grant made rent-free or at a favourable rate of rent on condition of rendering any service to the village community. ### 117. Grant which cannot be resumed.— (1) No claim shall be entertained for the resumption of a grant— (a) in khalsa area, if such grant has been held from a date prior to 1818; or (b) in any other part of the State, if such grant has been held from a date prior to 1874; or (c) which is hereditary and was made out of personal regard for the grantee or in lieu of his past services and loyalty to the grantor and big family; or (d) which is held unconditionally; or (e) which is not resumable under the terms of the grant; or (f) to a charitable institution or for the maintenance of a sacred building so long as such institution or building exists. (2) A holder of a grant to which clause (a), (b), (c), (d) or (e) of sub-section (1) applies and who has continuously been in possession thereof for twenty-five years immediately before the commencement of this Act, may, on an application made within one year of such commencement and on payment of compensation adjudged under sub-section (3), be declared a biswadar of such grant and shall, on such declaration, be liable to pay such revenue as may be fixed thereon. (3) The compensation to be paid under sub-section (2) shall be four times the annual rental value of such grant, calculated at sanctioned rates applicable to hereditary tenants. (4) On a declaration being made under sub-section (2), the sub-tenant, if any, of such grant shall become a hereditary tenant thereof. (5) When land revenue is fixed on a grant in respect of which a declaration is made, the proprietor of such grant shall as prescribed be entitled to claim reduction in the revenue payable by him by an amount equal to the amount of revenue fixed under sub-section (2). ### 118. Grounds on which certain grants may be resumed.— Subject to the provisions of section 117, a landlord may apply for the resumption of a grant— (i) in case of a grant held for the performance of religious service, on the ground— (a) that the object for which the grant was made has ceased to exist; or (b) that the grantee has died, leaving no heir entitled to succeed him under the law applicable to the deceased; or (c) that the grantee has ceased to render the service which he is bound to render; (ii) in case of a grant for the performance of secular service, on the ground that the landlord no longer requires such service or the grantee has ceased to render such service; (iii) in case of a village service grant, on the ground that the grantee has ceased to render the service; (iv) in case of a grant held for the life-time of the grantee or for a term, on the ground that the grantee has died or the term has expired, as the case may be; (v) in case the grant is held at the pleasure of the grantor, on the ground that it is so held; (vi) in case of a grant to which the provisions of clause (f) of section 117 apply, on the ground that the institution or the building has ceased to exist. ### 119. How to deal with resumable grant.— If the trial court finds on Inquiry that the grant is resumable under section 118, it shall— (i) in a case to which the provisions of sub-clause (a) or (b) of clause (i), or clause (ii), (iv), (v) or (vi) of section 118 apply, declare the person in possession— (a) a hereditary tenant if, on the date of the application for resumption, such person has been in continuous occupation of such grant for twelve years or more; or (b) as holding without title, if the period of his occupation on such date is less than twelve years, and order his ejectment from such grant; and (ii) in a case to which the provisions of sub-clause (c) of clause (i) or clause (iii) of section 118 apply, order the ejectment of the grantee and appoint a suitable successor in office with or without the consent of the landlord, as the court deems fit. ### 120. Application of certain Chapters and sections to grantees.— (1) A grantee may— (i) obtain a declaration of his status; (ii) make improvements and claim compensation therefore; (iii) plant trees; (iv) claim reinstatement in his holding, if wrongfully dispossessed; and (v) eject a person taking or retaining possession of his land in contravention of the provisions of this Act and claim damages, and the respective provisions of the Act relating to such matters shall, mutatis mutandis, apply to him as they apply to a hereditary tenant. (2) The provisions of Parts II and III of Chapter VIII and of section 62 and sections 108 to 110 and sections 164 to 168 shall, mutatis mutandis, apply to a grantee at a favourable rate of rent as they apply to a hereditary tenant. (3) The provisions of sections 88, 89 and 111 and of Chapters XIV and XV, so far as they are applicable, shall apply to a grantee as they apply to a hereditary tenant. (4) The amount of a decree for arrears of rent passed against a grantee at a favourable rate of rent, if not satisfied within four months of the date on which such decree becomes final, shall, on an application to the tahsildar, be recovered under sections 88 and 89 as if it were a sum due on account of sayar and paid to the person entitled. ### 121. Grants, how far transferable.— (1) Except as otherwise provided in sub-section (2), no grantee shall transfer by sale, mortgage, gift or otherwise his interest in a grant which is liable to resumption under the provisions of this Act. (2) No grantee shall let the whole or any portion of his holding for a term exceeding three years, or within three years of any portion of such holding being held by a sub-tenant. ### 122. Void transactions.— A transaction by which a grantee transfers or lets his holding or a portion thereof in contravention of the provisions of section 121 shall be void. ### 123. Power to hear cases of grantees.— An application under section 117, 118 or 120, shall be entertained, heard and decided by the sub-divisional officer who shall submit the record of the case for confirmation of the order or the decree passed by him to the collector. Chapter XII PREPARATION OF RECORD-OF-RIGHTS AND DETERMINATION AND MODIFICATION OF RENT AND RENT-RATES ---------------------------------------------------------------------------------------------------------- ### 124. Applicability of Part III.— No notification under sub-section (3) of section 1 shall be made in respect of Part III of this Chapter, unless, in the area to which such part is applied, rent-rates have been determined and the record-of-rights has been framed in accordance with the provisions of this Chapter: Provided that if the Chief Commissioner is satisfied that in such area the rent-rates determined in the year of settlement and the record-of-rights framed in such year and maintained since are reliable, he may accept such rent-rates, with or without modification, and such record-of-rights, as framed and determined in accordance with the provisions of this Chapter. Part I – .—Preparation and maintenance of maps and records ------------------------------------------------------------ ### 125. Power to form and alter Patwaris circles.— The collector may, with the previous sanction of the Chief Commissioner, divide the area of the State into mahals, thoks or other convenient units, and arrange them into girdawars‟ and patwaris‟ circles and may alter the number and limits of such circles, but no such division, arrangement or alteration shall be final unless it has been sanctioned by the Chief Commissioner. ### 126. Appointment of patwaris.— The collector shall appoint a patwari to each circle for preparing and maintaining the record-of-rights and registers specified in this Act and for performing such other duties as the Chief Commissioner may prescribe. ### 127. Appointment of girdawars.— The collector shall appoint one or more girdawars in each tahsil for the proper supervision, maintenance and correction of the annual registers and records, and for such other duties as the Chief Commissioner may prescribe. ### 128. Cadre and pay of girdawars and patwaris.— The Chief Commissioner may fix the cadre, grades and pay of girdawars and patwaris and other staff required for the preparation and maintenance of the record-of-rights. ### 129. Girdawars and patwaris to be public servants.— Every girdawar and patwari shall be deemed to be a public servant within the meaning of the Indian Penal Code (Act XLV of 1860). ### 130. Maintenance of maps and fieldbooks.— The collector shall maintain a map and a field book of each village in the State and shall cause annually, or at such longer intervals as may be prescribed, to be recorded therein all changes in the boundaries of each village, mahal or field, and shall correct any error in such map or field book. ### 131. Obligation of owners as to boundary marks.— (1) Every landlord of a village, mahal or field is bound to maintain and keep in repair the permanent boundary marks and the collector may at any time order such landlord— (a) to erect proper boundary marks on such village, mahal or field; or (b) to repair or renew, in such form and with such material as he may order all such boundary marks. (2) If such order is not complied with within thirty days from the communication thereof, or such longer period as the collector may allow, he shall cause such boundary marks to be erected, repaired or renewed, and shall recover the charges incurred from the landlord concerned as arrears of revenue. (3) Survey marks shall, as prescribed, be maintained and kept in repair by the collector. ### 132. Record-of-rights.— (1) There shall be a record-of-rights for each village, or if a mahal or other unit formed under section 125 consists of two or more villages or portions of villages, the record may be prepared for each such village or portion separately. (2) The record-of-rights shall include the following documents:— (i) a khewat which shall comprise— (a) a register of all the proprietors in the village, including the proprietors of specific areas, and, in estates mentioned in the Second Schedule, maintenance-holders; and (b) a register of jagirdars and muafidars. (ii) a khatauni which shall be a register of persons cultivating or occupying land as tenants or otherwise; and (iii) a wajib-ul-arz which shall be a record of customs obtaining in the State or any part thereof. Explanation.—In this section the word “proprietor” shall include a person in possession of proprietary rights under a mortgage or lease. ### 133. Contents of certain registers.— The registers specified in clauses (i) and (ii) or sub-section (2) of section 132 shall specify the nature and extent of the interest of each person recorded therein and shall be prepared in the prescribed form. ### 134. Registers of revenue-paying, revenue-assigned and revenue-free villages.— The collector shall prepare and maintain— (a) a register of all revenue-paying villages, mahals, thoks or other units, specifying the revenue assessed on each and the person by, or through whom it is payable; and (b) a register of all revenue-free and revenue-assigned villages and areas, specifying the authority and conditions for exemption or assignment as the case may be. ### 135. The annual registers.— (1) The collector shall be responsible for maintaining the record-of-rights specified in clauses (i) and (ii) of sub-section (2) of section 132, and, for that purpose, shall annually, or at such longer intervals as may be prescribed, cause to be prepared an amended set of such registers, and the registers so prepared shall be called annual registers. (2) The collector shall cause to be recorded in the annual registers all changes that may take place as a result of succession or transfer or otherwise, and shall correct any error in such registers. (3) No entry in the wajib-ul-arz shall be altered except as a result of inquiry in any settlement or record operations in the State. ### 136. Obligation to furnish information necessary for compilation of certain record-of-rights.— (1) Every person, obtaining possession by succession or transfer of any proprietary or other right which is required by this Act or any rule made thereunder to be recorded in any register prescribed by clause (i) or clause (ii) of sub-section (2) of section 132, shall report such succession or transfer to the prescribed authority. If such person is a minor or otherwise disqualified, the guardian in charge of his property shall make such report. (2) Every such person, or, if he is a minor or otherwise disqualified, his guardian, shall furnish, on the requisition of the patwari, girdawar or any other officer or employee of the revenue department, engaged in compiling such register, all information necessary for the correct compilation thereof. (3) No revenue court shall entertain any application under this Act by the person so succeeding or otherwise obtaining possession, until such person, or, if he is a minor or otherwise disqualified, his guardian, has made a report required by this section. Explanation.—In this section, the word “transfer” shall include a family settlement. ### 137. Decision of disputes.— All disputes affecting the entries in the annual registers shall be decided in the following manner:— (i) those relating to entries to be made in the khewat, on the basis of possession or, if possession is doubtful, on the basis of summary inquiry into the question of title; (ii) those relating to class or tenure of any tenant, the rent payable by him or any other matter to be recorded in the khatauni, in accordance with the provisions of this Act and the terms of the lease, if any, so far as they are consistent with such provisions; and (iii) those relating to boundaries, on the basis of the survey map, and in case one was not prepared or is not available, on the basis of actual possession. ### 138. Inquiry into cases.— (1) Contested cases relating to entries in the annual registers and to boundary disputes shall be heard and decided by the sub-divisional officer who shall submit the record of the case for confirmation of the order passed by him to the collector. (2) Uncontested cases shall be disposed of by the tahsildar. ### 139. Certain decisions, no bar to civil suit.— No entry made or order passed under section 138, relating to entries in the khewat, or to boundary disputes, shall debar any person from establishing his right to any property in a court of competent jurisdiction. ### 140. Value of entries and decisions in contested cases.— Subject to the provisions of section 139,the decision given under sub-section (1) of section 138 shall be binding on the parties to the dispute and an entry made in the khewat or khatauni under the order of the sub-divisional officer or the collector in a contested case shall be presumed to be correct until the contrary is proved. ### 141. Appointment and punishment of lambardars and patels.— The collector may appoint one or more lambardars or patels in a village, mahal or thok and may suspend, remove or dismiss them. Part II – . —Record and rent-rate operations and the appointment of officers ------------------------------------------------------------------------------ ### 142. Record and rent-rate operations.— (1) The Central Government may, by notification in the official Gazette, order that in any estate mentioned in the Second Schedule or group of such estates or in any other area of the State, a preparation or revision of the record-of-rights or survey or re-survey, or the determination of rent-rates for any class or classes of soils, or some or all of these operations be taken in hand, whether by revision of the most recent records and rent-rates or otherwise, and may appoint an officer as a record officer or rent-rate officer to be in charge of record or rent-rate operations, as the case may be, and as many assistant record officers as it deems fit. (2) From the date of the notification every such estate or group of estates or other area shall be held to be under record, or rent-rate operations or both, as the case may be, until the issue of another notification, declaring such operations to be closed therein. ### 143. Powers of the record officer, assistant record officer and rent-rate officer.— (1) For such period and to such extent as he deems fit, the Chief Commissioner may empower the record officer or the rent-rate officer— (i) to perform the duties and exercise the powers of a collector under Part I of this Chapter; and (ii) to commute, abate, enhance and determine rents in accordance with the provisions of Part III of this Chapter in any area to which such Part has been applied. (2) An assistant record officer shall exercise such powers of the record officer or any other revenue court as the Chief Commissioner may, by order in writing, specify, and shall submit the record of cases decided by him to the record officer for confirmation. ### 144. Sanctioned rates.—The sanctioned rates shall be the rates determined under this Part: Provided that if in any part of the State such rates have not been determined, a revenue court requiring the use of such rates, otherwise than for deciding abatement, enhancement or commutation of rent cases, shall in the manner prescribed work out appropriate rates after making local inspection and considering the rent generally payable by tenants of the same class for land of the same class in the vicinity, and the rates so worked out shall be deemed to be the sanctioned rates. ### 145. Duration of rent-rates.— When rent-rates are determined for any area, they shall not, unless the Central Government otherwise directs, be determined again until a period of not less than twenty years has elapsed. Procedure in determining cash rent-rates ### 146. Circle and soil classification.— (1) If, any estate or group of estates or any other area for which rent-rates in money are to be determined, has not been divided into assessment circles, or, if classification of the soil thereof has not been made, or if the Central Government orders a revision of the existing circles or soil classification or both, the rent-rate officer shall make circles and classify she soils, and shall propose rent-rates for each class of soil in each circle. (2) If such estate, group of estates or area has previously been divided into assessment circles, the rent-rate officer shall propose separate rates for each circle, and for each separate class of soil previously demarcated therein, unless, by order of the Central Government, the circles or the classification of soils, or both are revised by him. ### 147. Basis of rates for hereditary tenants.— (1) The rates proposed by the rent-rate officer for hereditary tenants shall be based on genuine and stable rents paid by such tenants. (2) In proposing rates in accordance with sub-section (1), the rent-rate officer shall have regard to the provisions of sections 63 and 64 and shall, before framing his proposals, take into consideration— (a) the value of the produce with a view to seeing that the valuation of the holdings of hereditary tenants at the proposed rates does not exceed one-fifth of such value; (b) the prices of agricultural produce prevailing in the main markets of the neighbourhood; (c) the changes in the crops grown and in the amount of the produce; (d) the rotation of crops and periods of rest which tenants usually allow to land; (e) the average size of holdings in the circle and methods of cultivation; (f) the results of crop-cutting experiments in the local area for which rates are proposed and in the different parts of the State generally; (g) the level of bighori rates, if payable in any particular area in respect of certain crops; and (h) such other matters as generally affect rents payable by tenants. (3) In proposing rates for occupancy and exproprietary tenants, the rent-rate officer shall have regard to the scale of rents prescribed for such tenants in relation to the scale of rent payable by hereditary tenants under sections 63 and 64. (4) The rent-rate officer shall also record for each village whether the rates proposed by him are applicable without modification to the village as a whole or to a specified area or class of soil therein, and in case they require modification, the extent of such modification; and, in their application to such village, area or class, the rates shall be deemed to be modified accordingly. ### 148. Provision for rates in special cases.— The rent-rate officer shall propose rates for the commutation of— (a) rent paid by batai, or partly by batai and partly by bighori, into fixed money rent; and (b) rent paid by batai into bighori at current rates. ### 149. Procedure in publishing and sanctioning rates.— (1) The rent-rate officer shall publish, in such manner as may be prescribed, the proposals and records made by him under sections 147 and 148 and shall receive and consider any objection which may be made to him. (2) When such objections, if any, have been considered and disposed of, the rent-rate officer shall submit the proposals and records made by him after such modification, if any, as he may deem fit, to the Chief Commissioner. (3) On receipt of the proposals, the Chief Commissioner may direct further inquiry into any of the matters contained therein and shall, if satisfied that such proposals have been rightly framed, submit them to the Central Government for acceptance. (4) The Central Government shall either sanction the proposed circles, soil classification, rates and other matters recorded under sections 147 and 148, or may, for reasons to be recorded, sanction them with such modification as it deems fit, and the rates so sanctioned shall be sanctioned rates. ### 150. Civil suit relating to record-of-rights and certain other matters barred.— Subject to the provisions of section 139, no suit shall be brought in any civil court in respect of any matter concerning the entries in, or preparation of, a record-of-rights, the framing, publication, signing or attestation of such record or of any part of it, or the determination of rent-rates under the provisions of this Chapter. Part III – .—Commutation, abatement, enhancement, and determination of rent ----------------------------------------------------------------------------- ### 151. Commutation of rent from kind to cash.— (1) Where an occupancy, an exproprietary or a hereditary tenant has heretofore paid his rent by bighori or batai, or partly by bighori and partly by batai, he may apply for the commutation of such rent to a fixed money rent: Provided that in an area where rents are paid by bighori for some crops and by batai for others, the tenant may elect to have that portion of the rent which is payable by batai alone commuted into bighori on the basis of sanctioned rates appropriate to him, and in such case the court shall commute that portion which is payable by batai by fixing a rate of rent per bigha for batai crops grown on the holding. ### 152. Commutation of rent from cash to kind.— Where the rent of an occupancy, an exproprietary or a hereditary tenant has been commuted under section 151, he may, subject to the provisions of clause (ii) of section 161, apply that the rent of such holding be declared as payable by batai in accordance with the provisions of sections 63 and 64, or, if before commutation it was payable partly by bighori and partly by batai, in the manner it was payable before such commutation, and the court shall make such declaration. ### 153. Grounds of abatement of fixed money rent.— The fixed money rent or the bighori, determined under section 151, of an occupancy, an exproprietary of a hereditary tenant shall be liable to abatement on one or more of the following grounds:— (a) that the rent payable by the tenant is substantially greater than the rent calculated at the sanctioned rates appropriate to him; or (b) that the productive power of the land held by the tenant has decreased by any cause beyond the control of the tenant during the currency of the present rent; or (c) in case of fixed money rent, that the area of his holding has been decreased by diluvion, or by the taking up of land for a public purpose, or for a work of public utility. ### 154. Ground of enhancement of fixed money rent.— The fixed money rent of the bighori, determined under section 151, of an occupancy, an exproprietary or a hereditary tenant, shall be liable to enhancement on one or more of the following grounds:— (a) that the rent payable by the tenant is substantially less than the rent calculated at the sanctioned rates appropriate to him; or (b) that the productive power of the land held by the tenant has increased by an improvement effected by, or at the expense of, the land holder, other than a work in respect of which irrigation dues are payable under section 87 or which is carried out under the scheme sanctioned by the Central Government under section 5 of the Delhi and Ajmer-Merwars Land Development Act, 1948 (LXVI of 1948); or (c) in case of fixed money rent, that the area of the holding has been increased by alluvion. ### 155. Order for determination, commutation or variation of rent, when to take effect.— Except as otherwise provided in sub-section (3) of section 163, every order for abatement, enhancement, commutation or determination of rent shall take effect from the commencement of the agricultural year, next following the date of such order. ### 156. Joinder of parties in cases relating to variation of rent.— (1) An application for commutation, abatement or enhancement of rent may be made against, or by, any number of tenants collectively: Provided that all such tenants are tenants of the same landholder, and all the holdings in respect of which the application is made are situated in the same village. (2) No order shall be passed in any such proceeding affecting the interest of any person, unless the court is satisfied that he has had an opportunity of being heard. (3) The order shall specify the extent to which each of the holdings is affected thereby. ### 157. Determination of rent on partial ejectment.— When a tenant is ejected under an order of a court from a part only of his holding which is assessed to fixed money rent, or being entitled to surrender a part of such holding legally surrenders such part, either he or his landholder may apply for the determinations of the rent of the remainder. ### 158. Rent, how calculated for commutation, variation or determination.— Subject to the provisions of sections 160 and 163, when rent is to be determined or commuted into fixed money rent, or the fixed money rent or the bighori determined under section 151 is to be abated or enhanced, the court shall calculate the rent— (a) in the case of hereditary tenants, in accordance with the rates sanctioned for hereditary tenants; and (b) in case of occupancy and exproprietary tenants, in accordance with rates which shall conform to the scale prescribed for such tenants in relation to hereditary tenants under the provisions of sections 63 and 64: Provided that, for special reasons to be recorded, the court may modify the sanctioned rates applicable to any particular case, and it shall modify such rates if it finds that, as a result of their application, the rent arrived at on commutation, abatement, enhancement or determination, as the case may be, is substantially different from the money value of the rent payable by the same class of tenants under the provisions of sections 63 and 64. ### 159. Meaning of “substantial” in certain sections.— For the purposes of sections 153, 154 and 158 a difference of ten per cent. or more shall be deemed to be substantial. ### 160. Basis of variation of rent in certain cases.— (1) In any proceedings for abatement of fixed money rent on the ground that the area of the holding has decreased by diluvion or by the taking up of land for a public purpose or for a work of public utility, or under the provisions of section 37, or for enhancement on the ground that the area of the holding has increased by alluvion, the court shall abate or enhance the rent with reference to the existing rent and the decrease or increase in the area of the holding. (2) In any proceedings for enhancement of fixed money rent or the bighori determined under section 151 on the ground that the productive power of the holding has increased by an improvement effected by, or at the expense of, the landholder or for abatement of rent on the ground that such power has decreased by any cause beyond the control of the tenant, the court shall enhance or abate the rent with reference to the existing rent and the increase or decrease of the productive power. (3) In an application for the determination of the fixed money rent of a portion of a holding under section 157, the court shall determine the rent with reference to the rent payable before ejectment or surrender and the loss of area due to such ejectment or surrender. ### 161. Period for which rent is not liable to modification.— Save as provided in section 163, when the rent of an occupancy, an exproprietary or a hereditary tenant has been commuted, abated or enhanced in accordance with the provisions of this Act, it shall not be liable to be commuted, abated or enhanced unless— (i) in case of abatement or enhancement of rent— (a) the revenue payable by the landlord has been revised; or (b) there has occurred a decrease or increase in the productive power or the area of the land held by the tenant, as provided in clauses (b) and (c) of sections 153 and 154; or (c) the sanctioned rates have been altered; and (ii) in case of commutation of rent, a period of three years, or such longer period as may have been extended under section 83, has elapsed since the date of the last commutation order. ### 162. Applications for variation of rent, by whom to be entertained.— (1) Save as provided in sub-sections (2) and (3), all applications for commutation, abatement, enhancement or determination of rent shall be made to, and heard and decided by, the sub-divisional officer who shall submit the record of the case for confirmation of the order passed by him to the collector. (2) When any area is under rent-rate operations, or when rent-rates have been determined under this Act for any area, or accepted under the proviso to section 124 and such area is placed under record operations, all such applications relating to such area shall be filed in the court of the rent-rate officer or the record officer, as the case may be. (3) If such application is heard and decided by the rent-rate officer or the record officer, the record of the case shall be submitted for the confirmation of the order passed by him to the Chief Commissioner. Chapter XIII EXTRAORDINARY AND EMERGENCY PROVISIONS -------------------------------------------------------- ### 163. Provision of rent and revenue in an emergency.— (1) Notwithstanding anything in this Act or in any other law for the time being in force, when the Central Government is satisfied that an emergency has arisen in any area, it may appoint to such area an officer of the grade of an assistant commissioner and invest him with all or any of the following powers:— (a) the powers of a rent-rate officer and a record officer; (b) if sanctioned rates have not been determined or have not been accepted under the proviso to section 124 for such area, powers to commute, abate, enhance or determine rents summarily otherwise than in accordance with such rates; and (c) powers to revise revenue assessed on any estate, mahal, village or thok in which rents have been commuted, abated, enhanced or determined under this Chapter. (2) If, as a result of any order passed by the officer appointed under sub-section (1), the assets of any estate or area are increased or decreased, such officer shall increase or decrease, as the case may be, the revenue of such estate, village, mahal or thok in the proportion which such increased or decreased assets bear to the assets before such increase or decrease. (3) Every order passed by such officer in exercise of the powers conferred on him under sub-section (1) shall be submitted for confirmation to the collector or such other officer as the Chief Commissioner may, by order, specify and shall take effect from such date as the officer passing it or the confirming court may direct. ### 164. Remission or suspension of rent in agricultural calamities.— (1) On the occurrence of an agricultural calamity, affecting the crops of any village or area, the Central Government or any authority empowered by it in this behalf, may remit or suspend for any period the whole or any portion of the rent payable by a tenant in respect of any holding affected by such calamity. (2) When the Central Government or such authority remits or suspends rent, it shall remit or suspend for a like period the whole or portion of tie revenue assessed on such village or area. ### 165. Bar to collection of rent remitted or suspended.— No landholder shall collect, under the provisions of this Act or otherwise, any rent the payment of which has been remitted or, during the period of suspension, any rent the payment of which has been suspended under section 164. ### 166. Period of suspension to be excluded in computing period of limitation.— When the payment of rent has been suspended in accordance with the provisions of section 164, the period during which the suspension continues shall be excluded in computing the period of limitation under this Act for the recovery of such rent. ### 167. Remission for calamity by court decreeing claim for arrears.— (1) If it Appears to a court passing a decree for arrears of rent that the area of the holding was so decreased by diluvion or otherwise, or that the produce thereof was so diminished by drought, hail, pests, deposit of sand or other like calamity during the period for which the arrears are claimed, or that the full amount of rent payable by the tenant for that period cannot be equitably decreed, it may, with the sanction of the collector, allow such remission from the rent payable by the tenant for that period as it deems fit. (2) The court allowing such remission shall submit the record of the case for confirmation of the order passed by it to the collector. (3) No remission made under this section shall be deemed to vary the rent payable by the tenant otherwise than for the period in respect of which such remission was made. (4) When remission of rent is granted in accordance with the provisions of this section, the collector shall, on the application of the landlord, grant a remission of revenue in proportion to the rent remitted for the corresponding area belonging to the same landlord. ### 168. Jurisdiction of certain courts excluded in cases of remission and suspension of rent or revenue.— Except as provided in this Act, an order for revision, remission or suspension of rent or revenue passed under this Chapter shall not be called in question in any court. Chapter XIV PROCEDURE AND JURISDICTION OF COURTS ----------------------------------------------------- General provisions ### 169. Cases cognizable by revenue courts.— A case which is cognizable by a revenue court under this Act shall be heard and decided by such court, and no court other than a revenue court shall, except as provided in this Act, hear or decide any such case, or any suit or application based on a cause of action in respect of which relief could be obtained in a revenue court. Explanation.—If the cause of action is one in respect of which relief might be granted by the revenue court, it is immaterial that the relief asked for from the civil court is different from, greater than, or additional to, that which the revenue court could have granted. ### 170. Procedure of revenue courts.— The Chief Commissioner may frame rules for regulating the procedure of revenue courts and may, in doing so, extend or apply any provisions of the Code of Civil Procedure, 1908 (V of 1908), with or without modification: Provided that until such rules are framed and, subject to them when framed, the provisions of the Code of Civil Procedure, 1908 (Act 5 of 1908), shall, except when they are inconsistent with anything in this Act, or relate to special suits or proceedings outside the scope of this Act, apply, in so far as they are applicable, to proceedings under this Act. ### 171. Application of Indian Limitation Act, 1908.— Sections 4, 5 and 12, sub-section (2) of section 14 and sub-sections (1) and (2) of section 17 of the Indian Limitation Act, 1908, shall apply, mutatis mutandis, to applications and other proceedings under this Act. ### 172. Limitation in cases under this Act.— Except as provided in section 171, no application under this Act shall, if the period for filing it is specified therein, be filed after the expiry of such period. ### 173. Payment of court-fees under this Act.— (1) No court-fee shall be payable when the first application is filed by a party to any proceeding under this Act. (2) Any second or subsequent application made in the course of the same proceeding shall bear a court-fee stamp of four annas only: Provided that when, under this Act, any sum is collected by a revenue court as arrears of revenue or as sayar on behalf of an applicant or a party to a proceeding, or when the amount of a decree is paid into court under section 98, such court shall, notwithstanding anything in this Act, before making payment to the person entitled, deduct seven and a half per cent. of the amount so collected or paid into court as court-fee and pay the balance to such person: Provided further that if in any case, after issues have been framed and any evidence has been recorded, the first application is dismissed or withdrawn, the trial court or the confirming court, as the case may be, shall assess the amount of the court-fee which, but for the provisions of sub-sections (1) and (2), the applicant would have been liable to pay under the Court-Fees Act, 1870 (7 of 1870), as applied to the State, deduct the amount, if any, paid as court-fee under sub-section (2) and recover the balance as arrears of revenue. Subordination of courts ### 174. Subordination of courts.— (1) All revenue courts in the State shall be subordinate to the Chief Commissioner. (2) All revenue courts specified in sub-clauses (iv) to (viii) of clause (35) of section 4 shall be subordinate to the collector, and the revenue courts specified in sub-clauses (vi) to (viii) of the said clause shall be subordinate to the sub-divisional officer of the area within which they exercise jurisdiction. (3) An assistant record officer shall be subordinate to the record officer. Powers of courts and places for holding courts ### 175. Place of sitting of revenue courts.— (1) A revenue court mentioned in sub-clause (i), (ii) or (iii) of clause (35) of section 4 and, subject to the orders of the collector, a revenue court mentioned in sub-clause (v) of the said clause may hear and dispose of cases at any place within the State. (2) A sub-divisional officer may hold his court at any place within his sub-division or, with the sanction of the collector, in any other part of the State. (3) A tahsildar or a naib-tahsildar may hold his court at any place within his tahsil. (4) A revenue court, mentioned in clause (a) or (b) of section 180, may sit in any part of the State specified by the collector. ### 176. Chief Commissioner’s power to confer powers.— The Chief Commissioner may, by notification in the Official Gazette, confer on an assistant commissioner or a sub-divisional officer all or any of the powers of a collector under this Act to be exercised in respect of such cases or class of cases or such other matters as may be specified in such notification. ### 177. Collector’s power to place assistant commissioner in charge of sub-division.— (1) The collector may place any assistant commissioner in charge of a sub-division and may remove him therefrom. (2) The assistant commissioner so placed in charge shall be sailed a sub-divisional officer and shall, subject to the control of the collector, exercise all the powers conferred, and discharge all the duties imposed, upon the sub-divisional officer by this Act, or any rules made thereunder. ### 178. Collector’s powers to authorise certain courts to entertain and dispose of applications.— The collector may, by order in writing, empower— (a) an assistant commissioner to entertain and decide applications, and to receive and dispose of cases submitted for confirmation of a decree or an order passed by a tahsildar, which a sub-divisional officer is empowered under this Act to entertain, decide, receive or dispose of; and (b) a naib-tahsildar of not less than three years standing, to entertain and dispose of such applications as a tahsildar is empowered under this Act to entertain and dispose of. ### 179. Powers of revenue courts to refer cases for investigation and report.— Any revenue court may refer any case which it is empowered to dispose of to any revenue court subordinate to it for investigation and report. ### 180. Powers of Chief Commissioner to create shamlat committee and courts.— The Chief Commissioner may— (a) create an honorary court and invest it with powers to hear and dispose of cases which a tahsildar may hear and dispose of under the provisions of this Act; (b) establish a punchayat in any village or group of villages of the State, and invest such punchayat with powers to hear and dispose of cases which a tahsildar may hear and dispose of under the provisions of this Act, and to perform such other duties as may be prescribed; (c) sanction the creation of a shamlat committee in any village or town which has at least three hundred acres of stable land as shamlat deh; and (d) define the jurisdiction of the courts created or established under clause (a) or (b) of this section and provide for submission of the cases decided by them for confirmation to courts specified by him: Provided that no court so created or established under clause (a) or (b) shall hear or decide a case if such court or a member thereof is interested in the result of such case: Provided further that if, at the commencement of this Act, there exists a shamlat committee in any village or town to which the provisions of clause (c) apply, the Chief Commissioner may recognise such committee as one created under this section. Confirmation of orders ### 181. Decree or order to be final in certain circumstances.— Subject to the provisions of sections 185, 186 and 187, a decree or an order which is not required by this Act to be submitted to a confirming court shall be final. ### 182. Submission to confirming court.— When, under the provisions of this Act, a revenue court is required to submit the record of a case to a confirming court, it shall not comply with such provisions— (i) unless any of the parties to such case has, within seven days of the decree or the order passed therein, made an application bearing a court-fee stamp of the value of two rupees and eight annas to such revenue court, requesting that the record be submitted for confirmation; or (ii) if such decree or order is passed on the admission of a party to the case, or in terms of a compromise; or is based on the award of an arbitrator appointed by the parties; or (iii) if the parties to the case apply in writing that they accept the decree or order as final: Provided that if any party challenges a decree or an order mentioned in clause (ii) on the ground that it does not conform to the compromise or the award, or that it goes beyond it, such court shall, on the application of such party, submit the record to the confirming court. ### 183. Form of decree or order to be submitted for confirmation.— (1) An order submitted for confirmation shall contain a concise statement of the case, the points for determination, the decision thereon, and the reasons for such decision. (2) A decree submitted for confirmation shall conform to the order passed and shall be prepared only in cases and in the form prescribed. ### 184. Procedure for confirmation.— When the record of a case is received by a confirming court and the provisions of the section under which such, record is submitted do not specify the manner of confirmation, such court shall— (i) call upon each of the parties to file, if he wishes to do so, a written statement setting forth, concisely and under distinct heads, the grounds of objection to the decree or order, numbered consecutively without any argument or narrative; (ii) treat the written statement of the party against whom the decision was given by the trial court as memorandum of appeal, and that presented by the other party as memorandum of cross-objection; and (iii) after hearing the parties or such of them as appear before him, pass an order which a court of appeal may pass under the provisions of Order 41 of the Code of Civil Procedure, 1908 (5 of 1908): Provided that no such written statement shall be entertained on behalf of a party who has not applied for submission of the record under clause (i) of section 182, unless it bears a court-fee stamp of the value of rupees two and annas eight. Review ### 185. Review by the Chief Commissioner.— The Chief Commissioner may, on his own motion, or on the application of a party, review any decree or order passed by him and may rescind, vary or confirm it. ### 186. Review by other courts.— Every other revenue court may review its judgment, order or decree to correct clerical or arithmetical errors, or errors arising therein from any accidental slip or omission: Provided that no application for review shall be entertained— (a) after the record has been submitted to a confirming court; or (b) if such application cannot be disposed of without recording further evidence. Revision ### 187. Revision.— (1) The Chief Commissioner or, in respect of a decree or an order passed by a civil court, the Judicial Commissioner may, on the application of a party, call for the record of any case which is decided by a court subordinate to him and if such subordinate court appears— (a) to have exercised a jurisdiction not vested in it by law, or (b) to have failed to exercise a jurisdiction so vested, or (c) to have acted in the exercise of its jurisdiction illegally or with material irregularity, he may make such order as he thinks fit. (2) An application for revision shall be made within three months of the passing of an order or a decree sought to be revised. Transfer of cases ### 188. Power to transfer cases.— The collector may, on the application of a party, transfer an application pending before a subordinate revenue court or a case submitted to such court for confirmation of a decree or an order from such court to any other court of competent jurisdiction: Provided that if the collector refuses to transfer such application or case, he shall submit the record for confirmation of the order passed by him to the chief Commissioner. ### 189. Power of collector to transfer and withdraw cases.— The collector may— (a) transfer any case submitted to him or to any subordinate court for confirmation of a decree or an order to any subordinate court of competent jurisdiction; or (b) by order recall to his own court any case pending for confirmation in a subordinate court; or (c) withdraw from any court subordinate to him any case other than a case which is submitted to such court for confirmation, and try such case himself or transfer it to any other subordinate court of competent jurisdiction: Provided that if the collector himself hears and decides any case withdrawn under clause (c) he shall submit the record for confirmation of the order passed by him in such case to the Chief Commissioner. ### 190. Sub-divisional officer’s power to transfer cases.— A sub-divisional officer may, with the previous sanction of the collector, transfer any case or class of cases pending before him to any assistant commissioner competent to try such case or class of cases. ### 191. Power of record officer to transfer and withdraw cases.— A record officer may transfer any case or class of cases pending before him to any assistant record officer, and may withdraw any case or class of cases from an assistant record officer and try such case or class of cases himself or transfer the same to any other assistant record officer: Provided that if the record officer himself tries any case so withdrawn, he shall submit the record for confirmation of the order passed by him in such case to the Chief Commissioner. ### 192. Transfer of cases by the district judge.— A district judge may, with the previous sanction of the Judicial Commissioner, transfer any case submitted to him for confirmation of an order or a decree to an additional district judge or to a subordinate judge, and such additional district judge or subordinate judge shall dispose of such case as if he had the powers of a district judge under this Act. Question of proprietary right in revenue court ### 193. Dispute as regards ownership of land.— (1) If, in connection with any action taken by a landlord under clause (iii) of section 9, a dispute arises between him and any other person who claims to have a proprietary interest in the land in respect of which such action is taken, either party may apply to the collector for the decision of such dispute. (2) On the receipt of such application, the collector shall follow the procedure specified in section 38 and the provisions of that section shall, mutatis mutandis, apply to the case. (3) If, in consequence of the order passed by the collector, any loss results to a tenant or to any other person having an interest in the land to which such order relates, the collector shall, before submitting the record of the case to the confirming court, award monetary compensation to such tenant or other person. (4) Any compensation awarded under this section shall be recovered as arrears of revenue and paid to the person entitled. ### 194. Procedure when plea of proprietary right raised in revenue court.— (1) Except as otherwise provided in sections 38 and 193, if in any proceeding, other than a proceeding under section 137, a question of proprietary right is raised and such question has net previously been determined by a court of competent jurisdiction, the revenue court shall frame an issue on the question of proprietary right, and submit the record to, the competent civil court for the decision of that issue only. Explanation I.—A plea of proprietary right which is clearly untenable and intended to oust the jurisdiction of the revenue court shall not be deemed to raise a question of proprietary right within the meaning of this section. Explanation II.—A question of proprietary right does not include the question whether land is khudkasht or niji jot. (2) The civil court, after refraining the issue, if necessary, shall decide such issue and return the record together with its finding thereon to the revenue court which submitted it. (3) The revenue court shall then proceed to decide the case, accepting such finding and shall, notwithstanding anything in this Act, submit the record to the district judge for confirmation of the order or the decree passed by it. Question of tenancy right in civil courts ### 195. Procedure when plea of tenancy raised in civil court.— (1) If in any suit relating to agricultural land instituted in a civil court, any question regarding tenancy right arises and such question has not been previously determined by a court of competent jurisdiction, the civil court shall frame an issue on the plea of tenancy and submit the record to the sub-divisional officer for decision of that issue only. Explanation.—A plea of tenancy which is clearly untenable and intended only to oust the jurisdiction of the civil court shall not be deemed to raise a plea of tenancy. (2) The sub-divisional officer, after refraining the issue, if necessary, shall decide such issue and return the record together with his finding thereon to the civil court which submitted it. (3) The civil court shall then proceed to decide the suit, accepting the finding of the revenue court on the issue referred to it. (4) The finding of the revenue court on such issue shall, for the purposes of appeal, be deemed to be Part of – the finding of the civil court. ------------------------------------------- Conflict of jurisdiction ### 196. Reference to Judicial Commissioner.— (1) Where either a civil or a revenue court is in doubt whether it is competent to try any case, the court may refer such case with a statement of the reasons therefor to the Judicial Commissioner: Provided that if the court is a revenue court subordinate to the collector, no reference shall be made except with the previous sanction of the collector. (2) On any such reference being made, the Judicial Commissioner may order the court either to proceed with the case or transfer such case to such other court as may be declared by him to be competent to try it. Chapter XV MISCELLANEOUS PROVISIONS ---------------------------------------- ### 197. Provision for injunction and appointment of receiver.— (1) If, in the course of any proceeding under this Act, it is proved by affidavit or otherwise— (a) that any property, tree or crop standing on the land to which such proceeding relates is in danger of being wasted, damaged or alienated by any party to such proceeding, or (b) that any party to such proceeding threatens, or intends, to remove or dispose of the said property, tree or crop to defeat the ends of justice, the revenue court before which any such proceeding is pending may grant a temporary injunction and, if necessary, appoint a receiver. (2) Any person against whom an injunction has been granted under sub-section (1) may offer to give cash security of an amount determined by the court to compensate the other party in case the matter in dispute is decided against such person, and the court may withdraw the injunction on his depositing such security. ### 198. Cases in which legal practitioners may appear.— A legal practitioner shall be entitled to appear in any proceeding on behalf of a party before a revenue court under the provisions of this Act in the following cases only and in no others— (i) to file a written statement, and to argue a case, before a confirming court, (ii) to prosecute and defend cases under Chapters IX and X and Part III of Chapter XII, and (iii) to file an application for revision under section 187 and to argue the case before the court hearing such application. ### 199. Persons who may appear before a revenue court.— A party to a proceeding or his authorised agent may appear, plead or act before a revenue court. ### 200. Costs in revenue courts.— A revenue court may allow and apportion the costs of any proceeding under this Act in any manner it thinks fit, but if it orders that costs shall not follow the event, it shall record its reasons for the order. ### 201. Power of revenue court to summon persons.— (1) A revenue court may summon any person whose attendance it considers necessary for the purpose of disposing of any proceeding before it. (2) Unless exempted from personal appearance in court under sub-section (1) of section 133 of the Code of Civil Procedure, 1908 (Act 5 of 1908), a person so summoned shall appear at the time and place mentioned in the summons in person or, if the summons so allows, by his authorised agent. (3) The person attending in obedience to the summons shall be bound to state the truth upon any matter respecting which he is examined or makes a statement, and to produce such document and other thing relating to any matter which may be within his power or possession as the court may require. ### 202. Mode of service of summons or notice.— (1) A summons issued by a court acting under this Act shall, if practicable, be served (a) personally on the person to whom it is addressed, or failing him on (b) his authorised agent or (c) an adult male member of his family who is residing with him. (2) If service cannot be so made, or if any person mentioned in sub-section (1) refuses to accept service, the summons may be served by posting a copy thereof at the usual or last known place of residence of the person to whom it is addressed, or, if that person does not reside in the tahsil in which such court is held, and the case to which the summons relates has reference to land in that tahsil, then by posting a copy of the summons on some conspicuous place in or near the estate wherein the land is situated. (3) If the summons relates to a case in which persons having the same interest are so numerous that personal service on all of them is not reasonably practicable, it may, if the court so directs, be served by delivery of a copy thereof to such of those persons as the court nominates in this behalf and by proclamation or publication in a local paper of the contents thereof for the information of the other persons interested in such case. (4) A summons may, if the court so directs, be served on the person named therein, either in addition to, or in substitution for, any other mode of service, by forwarding the summons by post in a letter addressed to such person under a certificate of posting. (5) When a summons is served in accordance with the provisions of this section, it shall be deemed to have been duly served. (6) For the purposes of this section “summons” shall include a “notice” which a court may issue under this Act. Chapter XVI POWER TO MAKE RULES ------------------------------------ ### 203. Power to make rules.— (1) The Chief Commissioner may make rules for the purpose of giving effect to 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) for demarcation of pasture land and niji jot; (b) for the attestation of leases and agreements; (c) for the collection and disbursement of cesses, or assessment and recovery of irrigation dues, and for decision of disputes in respect of them; (d) for the training of patwaris and girdawars; (e) regulating the appointment and transfer of girdawars and patwaris, and other staff required for the maintenance of the record-of-rights, their salaries, qualifications, duties, leave, removal, dismissal or any other punishment; (f) prescribing the form, contents, method of preparation, attestation and maintenance of the record-of-rights, annual registers, maps, field-books, and other records to be kept under this Act; (g) for the erection of boundary and survey marks, and for their repairs and renewals, and for the recovery of costs in respect of such erection, repairs or renewals; (h) for providing the principles on which the part of the holding from which a tenant is to be ejected be determined and for the demarcation of such part; (i) for recording transfers and changes affecting interest in land, whether proprietary or otherwise; (j) regulating the imposition of fines for failure to notify succession or transfer; (k) for the appointment of lambardars and patels, the duties to be performed by them, the remuneration, if any, to be paid to them and for their removal and dismissal; (l) for appeals or other modes of obtaining redress in cases of punishments inflicted on girdawars, patwaris, and other employees of land records establishment, and on lambardars and patels; (m) for the guidance of officers in cases for the determination, enhancement, abatement and commutation of rent; (n) for the guidance of record officers and rent-rate officers; (o) for the remission and suspension of rent and revenue in agricultural calamities; (p) defining the powers of various classes of officers and revenue courts to hear and dispose of cases; (q) for the establishment of honorary courts and village punchayats and for regulating their work; and (r) for collection of fines, compensation, damages or other sums imposed, awarded or ordered to be paid under the provisions of this Act and the rules made thereunder. (s) for the levy of a fee in respect of any application or the grant of any relief under this Act in cases not specifically provided for. (3) In making any rule the Chief Commissioner may provide that any contravention of such rule shall be punishable with a fine not exceeding fifty rupees. (4) All rules made under this Act shall be published in the Official Gazette and shall also be laid before Parliament, as soon as may be, after such publication. Chapter XVII TRANSITIONAL PROVISIONS ----------------------------------------- ### 204. Reinstatement of tenant ejected before commencement of this Act.— (1) If, between the first day of June, 1942 and the commencement of this Act, the landlord of an estate mentioned in the Second had ejected a tenant from his holding, otherwise than in accordance with the Ajmere Land and Revenue Regulation, 1877 (2 of 1877), such tenant may, within 2[nine months] of such commencement, apply to the tahsildar to be reinstated in such holding. (2) An application under this section shall state— (i) the Khasra number and area or other description of such holding and the name and address of the person who is in possession thereof; (ii) if such holding is held by a tenant, the khasra, number and area of other land in the possession of the landlord which may be given to the applicant in lieu of the holding from which he was so ejected; and (iii) such other particulars as may be prescribed. (3) The tahsildar shall, after hearing the parties and making such other inquiry as he deems fit,order— (i) if such holding is in the possession of the landlord, that the applicant be reinstated in such holding; and (ii) if such holding is held by a tenant, that an area of the land mentioned in clause (ii) of sub-section (2) or any other land in the possession of the landlord which is approximately equal in value to the holding from which the applicant was so ejected be allotted to him and demarcated on the spot. (4) If the applicant cannot be reinstated in his holding under clause (i), or allotted other land under clause (ii) of sub-section (3), the tahsildar shall award to the applicant monetary compensation which shall be six times the annual rental value of the holding from which he was so ejected calculated at sanctioned rates applicable to hereditary tenants, recover the amount of such compensation as arrears of revenue and pay it to him. (5) No person shall be reinstated in his holding under this section unless, within such time as may be allowed by the tahsildar, he pays to the landlord compensation, calculated in accordance with the provisions of this Act, for any improvement on such holding made by such landlord. (6) The applicant shall be a hereditary tenant of the land in which he is reinstated or which is allotted to him under this section. (7) The tahsildar shall, after deciding the case, submit the record for confirmation of the order passed by him to the sub-divisional officer. ### 205. Provision for pending and other cases.— (1) After the commencement of this Act, no court shall entertain any proceeding for the establishment or enforcement of a claim, prohibited by, or inconsistent with, the provisions of this Act, whether such claim arose before or after such commencement. (2) A proceeding, in respect of any matter covered by this Act, pending in any civil or revenue court at the commencement of this Act shall, notwithstanding anything contained in section 169, be heard and decided by such court in accordance with the corresponding provisions of this Act, and if there is no such corresponding provision, it shall be quashed. (3) Notwithstanding anything contained in this Act, the record of every case in which the proceeding is so quashed shall be submitted for confirmation in accordance with the provisions of section 183 by the court quashing the proceeding to the court to which it is immediately subordinate and the court to which the record is so submitted shall follow the procedure specified in section 184. \_\_\_\_\_\_\_\_\_\_ THE FIRST SCHEDULE General ### 1. The provisions of this Schedule and the rates of fees specified therein for occupying a house site in the village or for grazing and pasturing animals in the waste land of such village shall apply to tenants other than sub-tenants: Provided that if, at the commencement of the Act, no such fee is charged in any village or estate from the tenants or any class of them or such fee was charged at a rate lower than that entered in this Schedule, such exemption or lower rate, as the case may be, shall continue in force as heretofore. ### 2. The fees for grazing and occupying a house-site shall be assessed annually by the tahsildar in the manner prescribed. ### 3. If any person has not paid grazing fee within six weeks of its becoming due, the tahsildar shall, on the application of the landlord, exclude the animals of such person from the waste-land until he has paid up his arrears. Fee for occupation of house-site ### 4. A landlord shall provide a tenant with a house-site of reasonable dimensions, preferably in the village abadi. Explanation.—For the purposes of this paragraph “reasonable dimensions” shall ordinarily mean— (a) in the case of a tenant who has a residential house in the village, the present site of his house; and (b) in the case of a tenant who has no such house, 800 square yards. ### 5. No premium shall be charged for providing any house-site, and the fee to be charged therefor shall not exceed one anna per 100 square yards per year. Grazing fee ### 6. (1) No grazing fee shall be charged for the following classes of animals:— (i) cows; (ii) calves; (iii) bullocks; (iv) he-buffaloes; (v) padis (up to two years of age); (vi) padas; and (vii) kids and lambs: Provided that in bir, cows, calves, bullocks and he-buffaloes shall be allowed to graze on payment of one anna per head per annum and padis and padas on payment of one-half of such rate. (2) A grazing fee at the following rates shall be payable for the other classes of animals:— \| \| Bir \| Other waste land \| \| \| --- \| --- \| --- \| --- \| \| \| Rs. \| A. \| P. \| Rs. \| A. \| P. \| \| \| (i) She-buffaloes \| 0 \| 12 \| 0 \| 0 \| 3 \| 0 \| per head per year. \| \| (ii) Jhotis (over two years old) \| 0 \| 6 \| 0 \| 0 \| 1 \| 6 \| per head per year. \| \| (iii) Goats or sheep \| 0 \| 1 \| 6 \| \| Nil \| \| per head per year. \| \| (iv) Donkeys \| 0 \| 4 \| 0 \| \| Nil \| \| per head per year. \| \| (v) Ponies \| 0 \| 4 \| 0 \| \| Nil \| \| per head per year. \| \| (vi) Camels \| 0 \| 8 \| 0 \| 0 \| 4 \| 0 \| per head per year. \| ### 7. Any dispute arising under this Schedule shall be decided by the tahsildar who shall submit the record of the case for confirmation of the order passed by him to the sub-divisional officer. <THE SECOND SCHEDULE> ----------------------- <Names of estates> -------------------- ### 1. Binai. ### 2. Sholyan. ### 3. Saholao. ### 4. Sarans. ### 5. Sawar. ### 6. Piplaj. ### 7. Deokheri. ### 8. Basundni. ### 9. Chandthali. ### 10. Chausla. ### 11. Mehrun khurd. ### 12. Masuda. ### 13. Sathana. ### 14. Sakrani. ### 15. Lamba. ### 16. Nagar. ### 17. Shergarh. ### 18. Akrol. ### 19. Lalawas. ### 20. Jamola. ### 21. Sheopuri. ### 22. Aaan. ### 23. Pisangan. ### 24. Pranhera. ### 25. Khawas. ### 26. Sadara. ### 27. Gulgaon. ### 28. Junia. ### 29. Bogla Kalahera. ### 30. Karonj. ### 31. Deolia Khurd. ### 32. Manda. ### 33. Lasaria. ### 34. Deolia Kalan. ### 35. Gudha Kalan. ### 36. Jetpura. ### 37. Nandsi. ### 38. Shokli. ### 39. Arwar. ### 40. Rammalian. ### 41. Kaibania. ### 42. Kharwa. ### 43. Nasun. ### 44. Bandanwara. ### 45. Padlia. ### 46. Jotayan. ### 47. Kalyanpura. ### 48. Amargarh. ### 49. Mehrun. ### 50. Kadera. ### 51. Tiswaria. ### 52. Sankaria. ### 53. Nimode. ### 54. Para. ### 55. Kodah. ### 56. Meoda Khurd. ### 57. Deogaon Baghera. ### 58. Salari. ### 59. Govindgarh. ### 60. Tantoti. ### 61. Baori. ### 62. Barli. ### 63. Gcela. ### 64. Nagelao. ### 65. Kanai Khurd. ### 66. Baghsuri. ### 67. Bubania. ### 68. Kerote. ### 69. Kurthal. ### 70. Kanai Kalan. ### 71. Manoharpura. ### 72. Mewaria. ### 73. Richmalian. ### 74. Sathan.
65b9689bab84c7eca86e90b4	acts	State of Bihar - Act ---------------------- The Bihar Government Estates (Khas-Mahal) Manual, 1953 -------------------------------------------------------- BIHAR India The Bihar Government Estates (Khas-Mahal) Manual, 1953 ======================================================== Rule THE-BIHAR-GOVERNMENT-ESTATES-KHAS-MAHAL-MANUAL-1953 of 1953 ------------------------------------------------------------------ * Published on 18 March 1911 * Commenced on 18 March 1911 The Bihar Government Estates (Khas-Mahal) Manual, 1953 Chapter I Introduction --------------------------- ### 1. Meaning of "Government estates". - The term "Government estates" is used to mean estates under the direct management of Government whether these are the property of Government or are the estates of private individuals brought under direct management of Government. It may also mean any land, which is the property of Government and as such would include estates owned by Government which have been let in farm and leased for periods and also the waste lands but would not include lands belonging to other departments of Government, e.g. roadside lands, so long as they are not relinquished by the department concerned to the Collector for management. This Manual unless it so appears from the context, deals with the principles, policy and procedure for khas management of estates under the direct management of Government. ### 2. Government estates-How acquired. - Estates may be acquired by Government in the following ways;- (1) Purchase at revenue sale (Section 58 of Act XI of 1859). (2) Purchase by private contract. (3) Escheat in default of legal heirs. (4) Forfeiture to Government for certain offences against the State. (5) Resumption of island chars (Regulation XI of 1825). (6) Acquisition for public purposes. (7) Accretion to estates, the property of Government. (8) Resumption of lands hitherto held by zamindars for the performance of police duties when they are relieved of those duties. ### 3. How estates come under direct management. - Estates may be brought under direct management of Government by the- (1) Recusancy of the proprietors of temporarily-settled estates at the time of settlement. (2) Removal from management of proprietors on the ground that their continuance in the management of the estates will endanger public tranquillity or will otherwise be seriously detrimental (Vide proviso to Section 3 of Regulation VIII of 1822). (3) Surrender of lease in estates, the property of Government. (4) Surrender of farming lease during the currency of the settlement of a temporarily-settled private estate. Chapter II Principles of Management ---------------------------------------- (i) General ### 4. Direct management to be the rule. - It is the declared policy of Government that as many Government estates should be retained under direct management as possible. Town estates whether small or large should always be kept under khas management. This will enable Revenue Authorities to obtain continuous practical information which it is very difficult to obtain in any other way, of the progress of agriculture, of the extent to which the productive powers of the land are being developed, and of the increased money value of the produce. ### 5. What estates should always be held direct. - In deciding whether estates should be retained under direct management or sold or settled with farmers it should be considered if- (1) It is of sufficient extent and development to support a tahsildari establishment of its own; (2) though not yielding a revenue sufficient to cover the cost of such an establishment, there is reasonable ground for expectation that its gross rental could be increased in the near future to that extent by improvement, extended cultivation or otherwise; (3) though not sufficient in extent or rental to provide employment or funds for a separate establishment of its own, it is so situated as- (a) to be capable of being incorporated with one or more other Government estates so as to form a reasonably compact tahsildari circle; (b) to admit of easy supervision by reason of accessibility from the headquarters of a district or sub-division. ### 6. When farming leases permissible. - Ordinarily proposals to grant farming leases of Government estates can only be entertained if, firstly, direct management is impracticable or distinctly disadvantageous to Government: and, secondly, the rights, rents and position of the cultivating tenants have been fully safeguarded against the risk of oppression by a farmer. ### 7. Policy of Government regarding sales. - No estate which is contiguous to the capital town of a district is to be sold. Other estates which can be conveniently managed by Government officers or in which, though they cannot conveniently be managed direct, the interests of Government would be better served by a long lease rather than a sale, should not be sold. Estates leased for a term of which a long period has yet to run and those of which a survey and settlement have not been made and a record-of-rights has not been prepared should not also be sold: Provided that when the estates are very small and a survey has once been made of them or a fractional share of an undivided estate is in question, survey and preparation of record-of-rights with the previous sanction of the Board of Revenue can be dispensed with. Sale should be resorted to only when the estates do not fulfil the conditions specified in Rules 5 and 6 above. The boundaries of fisheries are to be carefully defined and plans of them prepared before they are sold. ### 8. Secrecy regarding proposed bid at an auction sale. - When the purchase of any interest in land at an auction sale is recommended for the approval of Government, the limit up to which it is proposed to bid should be indicated demi-officially care being taken that the amount is not known to possible competitors. It should be borne in mind that if secrecy is not observed the price may be forced up to the amount which the Collector is prepared to offer. ### 9. Salami in Government Estates. - The following rules have been prescribed for levying salami in Government estates:- (i) (a) Salami should be charged for settlement of agricultural and (including diara) lands subject to the following conditions:- (1) Lands should be settled only with tenants of the village in which the lands lie or with inhabitants of adjoining villages; (2) salami to be charged should be a fixed multiple of the rental of the land settled, the rental being assessed at rates applicable to lands of similar quality and with similar advantages in the vicinity. The rate of salami should be below that charged in neighbouring private estates. In no case salami should exceed ten times the rental; (3) salami should be realised in one instalment; (4) no refund of salami will be admissible if land gets diluviated. No salami should be charged for korkar lands in Chota Nagpur. (b) Salami should also be levied when settling land for non-agricultural purposes in town khasmahals and for building purposes in khasmahal villages developing into towns. In a growing town, land appreciates rapidly in value. Similarly in khasmahal villages which for some special reasons (e.g., owing to the opening of a new railway station) are developing into towns, the value of land rises with great rapidity. In the initial stages of development, Government are often required to undertake capital expenditure, a share of which should be borne by the residents who benefit. Under the present system Government frequently do not obtain their share of the unearned increment from urban development. It is equitable that Government should take in advance a share of the increased value by means of salami. Salami in this sense is not rent capitalised but a share in the increase of value anticipated during the period of a non-agricultural lease. The rate of rent must not be varied according to the amount of salami. It must not be considered that high rate of salami entitles the lessee to a low rate of rent; (ii) The circumstances in which it is advisable to take salami in town khasmahals cannot be precisely defined but will usually fall within one of the following cases:- (a) Where the value of the land is for some particular reason known to be appreciating rapidly. (b) Where a new area has been added to a town or an unoccupied area in a town is being developed. (c) Where a good site is leased for the purpose of building a house or houses. (d) Subject to clause (v) (b) below, where permission is taken for converting agricultural land into building sites. (iii) A person, who converts agricultural land into building sites without permission whether he be the original raiyat or a transferee is liable under the tenancy law to eviction for changing the character of the land. Such person should not be allowed to continue to hold the converted land on a purely agricultural rent and to appropriate the whole increment in value such cases may be dealt with either by making surrender a condition precedent to any sale of agricultural land for purposes other than agricultural or else by ejecting the transferee formally and resettling with him on a town lease. In either case, a substantial salami should be charged on resettlement. But to avoid hardship the Collector may agree to the transfer of part of his land by an old established raiyat without cancellation of his tenancy on receipt of a Salami on a moderate scale which should be fixed with the sanction of the Commissioner in each individual case. (iv) Salami will ordinarily be levied on original leases but where the progressive increase in the value of land or other special circumstances justify it a fresh salami may be taken for the renewal of a lease. When salami is taken for the renewal of a lease, it should include not only the share of Government in the progressive increase in value anticipated within the period of the lease to be renewed but also a sum equivalent to their share in the known increment in value due to causes (e.g., capital and enterprise of Government and third parties in developing the place and providing amenities for it) which were not anticipated when the lease was originally granted or previously renewed. Salami should not ordinarily be required- (a) when granting short leases; or (b) from an old tenant, when the relationship of landlord and tenant existed before the development began and the tenant is building a suitable house for his own occupation only. When, however, he applies for an original lease of an unoccupied piece of land or acquires lands outside his original holding he may fairly be required to pay a Salami. (vi) Where the payment of Salami is required the amount should be such as is equitable in view of the prospect of future increment of the value of the land within the period of lease. In town khasmahals the rate of Salami receipt by private landlords should be taken into account. In villages developing into towns the rates prevailing in the vicinity will probably not be useful as guide. In such cases if the fair rate of Salami cannot be determined satisfactorily in any other way it is permissible to fix it by auction, but this procedure should be very sparingly adopted. (vii) A Collector has authority ordinarily to decide the amount of Salami but where it is desired to levy Salami on a moderate scale (vide clause (iii) above), where the levy of Salami is introduced for the first time in large areas, where it is necessary to adopt a general policy or scale for its levy and also in cases where the Collector is himself in doubt as to the suitable amount, he should refer the case to the Commissioner for orders. (viii) When land for which Salami has been taken is resumed by Government the normal procedure would be to make an equitable refund, the extent of which should depend on the circumstances in each case. ### 9A. Procedure for settlement of raiyati holding purchased by Government at a Certificate Sale. - If a Khasmahal tenure or raiyati holding is purchased by Government in a Certificate sale for arrears of rent on account of there being no bid or the bid being insufficient to cover the decree and costs that purchase should be made for the full amount of the decree and costs thereby disposing of the certificate case. After such a purchase, delivery of possession should be taken promptly from the Certificate Court and action taken to classify the holding properly and resettle it at the rate of rent prevalent in the estate for each class of land under which the various plots come. Settlement should not be made with the former tenant or his farzidar or benamidar unless he agrees to pay the total amount for which Government purchased the holding at the certificate sale. In making settlement with a new tenant preference should be given to one who is a genuine cultivator of the estate and who agrees to pay the whole or the larger proportion of the amount for which Government purchased the holding at the Certificate Sale. The amount so paid should be credited against the arrears of rent due from the holding. Any unrecovered balances of arrears should be written off. As regards other raiyati holdings purchased by Government in certificate and in other sales in satisfaction of Government dues, every endeavour should be made to sell them outright at the earliest possible opportunity in accordance with the instructions contained in the Note below Rule 154. ### 10. Trees in Khasmahals in Bihar. - Under Section 23A of Bihar Tenancy Act, an occupancy raiyat is allowed to plant and appropriate trees on his holding. Government have accordingly decided that the raiyats in khasmahals in Bihar will have full rights in all trees on their holdings except in exceptional cases in which the Collector considers that Government's rights should not be given up and such cases should be referred to the Board of Revenue for orders. ### 11. Rents liable to enhancement not to be fixed permanently. - Rents on holdings in Government estates which are now liable to enhancement are not to be permanently fixed. ### 12. Mines and Minerals. - Except in permanently settled estates the presumption throughout India, in the absence of any distinct judicial precedents or proof of established usage, is that the State has a right to minerals. All lease of waste or unoccupied lands in estates, which are the property of Government or in temporarily-settled estates, which are the property of private persons, should be given subject to the reservation of the full right of State in mines and minerals and of right of access and other reasonable conveniences for working them on behalf of Government or the assignees of Government. ### 13. Prevention of encroachments on areas reserved for sanitary improvements. - A Settlement Officer will often in the course of survey and Settlement operations be in a position either of himself or in co-operation with the managing or village authorities, to effect improvements in regard to sanitation by reserving particular tanks, for drinking purposes, and by the assignment of defined places for necessary uses, and for escavation of earth for building. It will be the duty of the Manager, when the estate is managed khas, to see that the lands thus reserved \are not encroached upon or used for purposes other than those for which they have been reserved, and he should utilise the services of the patwari (where there is one), village headmen, and collecting agency to guard against such encroachments or diversions of the reserved lands to other uses. Where the estate is let in farm, it must be made a condition of the lease that the farmer will not let out to tenants lands which have been reserved for the purposes specified, nor permit them to be encroached upon or used for purposes other than those for which they have been reserved. The village officials should also be instructed to report to the Revenue authorities any encroachments on reserved lands or diversion of them to purposes other than those for which they are intended. \ Viz. - (a) for suitable roads, (b) for sites for tanks and wells for drinking and bathing purposes, (c) for the excavation of earth for construction of houses in such places as are suitable, (d) for suitable burial grounds, (e) for a common suitable for necessary purposes, (f) for pasture, fuel and fodder-reserves, (ii) Town Khasmahals ### 14. What constitutes town khasmahals. - Town khasmahals consist of urban lands not used or likely to be used for agricultural purposes. They are governed by the Transfer of Property Act and not by the Tenancy Acts except where lands though not used for non-agricultural purposes now were originally leased to raiyats who have subsequently acquired occupancy rights. Particular care is necessary in the case of these lands not merely to safeguard the pecuniary interest of Government but also to prevent the erection of undesirable and insanitary structures which would be discreditable to Government as landlord. ### 15. Area to be marked off in cadastral maps. - District Officers should mark off clearly on the cadastral maps the limits of probable urban development of any town, or village which appears likely to develop into a town, in or adjoining which there are khasmahal lands. If the area is sufficiently important and development appears at all imminent a skeleton plan should be prepared on the scale of 64 inches to the mile and, when necessary, periodically revised to show the "lay out" proposed. Once an area has been marked off on the map in accordance with this rule by a Collector, no subsequent alteration in the area so demarcated shall be made except under the sanction of the Divisional Commissioner. All applications for leases or transfers of leases, in whole or in part of plots within the area so marked should be put up for the special orders of the District Officer personally. ### 16. Agricultural leases. - Leases for strictly agricultural purposes in favour of raiyats of course be governed by the provisions of the Tenancy Acts applicable. Such leases should be sparingly granted for lands within the demarcated area which are likely to be required within a comparatively brief period for purposes other than agricultural, or which are so situated that wet cultivation on the whole or any part of the holdings is likely to be objectionable on sanitary grounds owing to their proximity to urban areas. Leases of this kinds should in no case be granted, nor transfers of such leases sanctioned, to persons other than genuine cultivators except with the previous consent of the Commissioner of the Division, and applications for his sanction shall be accompanied by a certificate from the khasmahal Deputy Collector that the selected tenant is not a settled raiyat of the village and will not become so during the currency of the lease. No kabuliyats or pattas are required in this case.The entries in the Jamabandi Register are sufficient. ### 17. Non agricultural and building leases. - The purpose of leases for other than strictly agricultural purposes shall be carefully stated, so as to make it clear, whenever possible, that the local Tenancy Act does not apply. In the case of building leases, however, a reasonable right of renewal should be allowed, subject to such terms as may be approved on behalf of Government. The term should not ordinarily be less than 30 years. In sanctioning leases regard should always be had to the salutary principle that, as far as possible, leases should be made to fall in at about the same date, for convenience of re-settlement. Special forms of lease have been prescribed for certain areas (vide Appendix-A) which should invariably be followed in those areas. Elsewhere the general form as given in Appendix A (1) should be used, subject to such modification as may be approved in each case or class of cases by the Commissioner, who should refer freely for the orders of the State Government in cases of doubt. All these leases should be registered formally. Except where a tenant has a permanent right in the tenancy clause 12 of the standard form of lease should always be considered with the greatest care in each case, and should be omitted or modified, when necessary, under orders of the Commissioner. ### 18. Encroachments of unsettled lands. - Some member or members of the District Officer's staff should be made, and held, specially responsible for seeing that no encroachments are made on unsettled lands in such areas and that no buildings are erected without permission in contravention of the sanction accorded by the District Officer.The District Officer shall cause an annual certificate to be given by the Deputy Collector in charge of khasmahals that all holdings of the khasmahal have been inspected by the prescribed officers and that he himself has personally inspected the boundaries and condition of a percentage of the tenancies to be prescribed by the Collector. ### 19. Resettlements. - In the case of non-agricultural leases, to which the Tenancy Acts do not apply, re-settlements should not be conducted with the full formalities prescribed for settlements, under those Acts. It will suffice to prepare, or bring up to date, the map and record of the area, and then to propose to the tenants the rates suggested for adoption, and to hear and dispose of any objections that may be raised. If the tenants decline to accept the rents as finally approved or to give up their tenancies, it will be necessary to institute regular civil suits for ejectment with, an alternative prayer for enhancement of the old rent in the case of those who have an admitted right to hold on. Special care should be taken to secure to Government from non-agricultural lands an adequate revenue in the shape of rent, particularly in cases in which rural areas are fast becoming urban. ### 20. Religious buildings. - All applications for leases, under the provisions of clause 7 of the general form of lease for town khasmahals, to erect buildings of a religious character should be referred for orders to the State Government and Collectors must exercise special vigilance to prevent the erection of such buildings without sanction. ### 21. Resumption should be for public purposes only. - When a tenant holds land from Government under a lease containing a clause which authorises the lessor to resume possession of the whole or part of the lands of the tenancy this power of resumption shall only be exercised if the land is required for a public purpose, and the power of resumption shall not be exercised without the sanction of Government obtained through the Board of Revenue. If such land be required for the use of persons other than Government, e.g. for a local body, it should ordinarily be acquired under the provisions of the Land Acquisition Act, and not under the power of resumption given by the lease. Note. - All draft notifications under the provisions of Section 4(1) of the Land Acquisition Act, for the acquisition of any land which is held from Government on a lease, containing a clause authorising resumption by the lessor, should be submitted to Government through the Commissioner and the Board of Revenue. ### 22. Khas possession can only be taken through Civil Court if lessee objects. - When in a lease it is provided that, in the event of certain contingencies occurring, the Collector will enter upon and take khas or direct possession of the property, it must be understood that, where the settlement holder objects, possession cannot be taken save under the orders of a competent Civil Court. ### 23. Rules for the construction of buildings along the Patna-Gaya road and in the Kadamkuan Government estates in Patna and the Tatanagar Khasmahal land in Singhbhum are given in Appendix D. (iii) Char or Diara Lands ### 24. Lease of diara lands. - A form of kabuliyat suitable for leases of char or diara lands has been prescribed in the Board's circular letter no. 1031 -A, dated the 18th March 1911. The form of kabuliyat and the letter will be found in Appendices A (5) and E (1), respectively. In diara estates which are liable to considerable changes annually from alluvion and diluvion a responsible officer not below the rank of Sub-deputy Collector, or a Kanungo, [or Circle Inspector] [Added by C. Slip No. 2 dated 4.1.1954.] , should inquire on the spot after each rains and have marked on the previous year's map by an amin all changes due to alluvion and diluvion, including changes in classification of lands. This map should be relied on solely for settlements, remissions etc. Detailed instructions regarding the annual verification of diara estates will be found in Appendix D (4) . (iv) Kachahari compounds ### 25. [ Lease of land in kachahari compounds. [Substituted by C. Slip No. 6 dated 24.9.1954.] - Lease of lands in court compounds in district and sub-divisional headquarters will be sanctioned by Government in the Revenue Department in consultation with the Public Works Department and the Finance Department, after obtaining reports from the Divisional Commissioners.] ### 26. Erection of buildings by local bodies or Bar Libraries on Government land in kachahari compounds. - Whenever Municipal or District Committee buildings, or accommodation for the convenience of pleaders and mukhtars attending the Public Courts, may be erected on Government land, the following conditions shall be agreed to by the parties concerned:- (i) The site of the house or building, its plan, sections and elevations shall be approved by the Public Works Department before the question of its construction is entertained. (ii) Before the erection of the house or building is commenced, an undertaking shall be entered into by parties concerned agreeing on the part of themselves and on their successors to maintain such house or building in proper repair at all times as may be required by the Superintending Engineer of the circle. (iii) In the event of the house or building not being placed in proper repair within a reasonable time to be fixed by the Superintending Engineer- notice of such repair being duly given by the Executive Engineer of the division-or of its being devoted, without the permission of Government in the Public Works Department, to other purposes than that for which originally erected, or of its not being used for the space of six months for its original purpose, such structure shall forthwith become the property of Government and the party or parties concerned in the said structure shall in such events not be entitled to any compensation therefor. (iv) Neither the Committee, municipality, pleaders or mukhtars or other concerned in such structure, nor their successor, administrators or representatives shall have any right or interest in the ground or soil on which the same is built, and such committee, municipality, mukhtars or pleaders or others, or their successors, etc., shall in addition to the rent pay all taxes whether leviable on landlord or tenant, with the exception of land tax. (v) The Government shall also be at liberty to require removal of the house or building at any time on payment of the value of the structure according to its then condition or state of repair, as fixed upon by the Superintending Engineer. ### 27. Form of agreement. - A model Form of agreement for use in the case is given in Appendix A (6) . It should be properly stamped before execution and it should be registered after execution within the period of time allowed by law. Further every pleader or mukhtar of the court on his admission must execute and register a similar agreement, if he wishes to use the building. The same Form would mutatis mutandis do when permission is granted to district committee and municipalities to erect building for the accommodation of their offices, etc., on Government land. ### 28. Shop buildings in kachahari compounds. - (i) Shop buildings or other detached structures, irrespective of the funds from which the cost of the works is to be met, should not be erected on land attached to kachahri compounds which are borne on the books of the Public Works Department, nor on Government lands which adjoin court compounds or which are in the vicinity of public buildings, without the previous sanction of Government in the Public Works Department. (ii) No such buildings with roofs composed of thatch or other inflammable materials should be erected within a radius of 50 yards of a building constructed of permanent materials.The limit of 50 yards is fixed as a minimum, not because it is considered that this limit will confer absolute immunity from fire risks, but because it is thought to be the utmost limit that can conveniently be enforced in every case, taking into consideration the area of land usually attached to such public buildings. Where circumstances admit, inflammable building or buildings of a temporary nature should be placed at a greater distance than 50 yards from permanent buildings, more especially in the case of court houses or record buildings or other buildings of which the contents are particularly valuable. ### 29. License for shops in kachahari compounds. - Shops should be allowed in kachahari compounds only to the extent-required for the sale of articles which are likely to be required by persons attending the courts, such as refreshments, betel and tobacco and materials for writing. District Officers should invite applications for licenses for these shops in the manner they think proper. The license should be limited to one year and should not be transferable. The form of the license is given in Appendix A (8) . A fee should be levied for the license, the respectability of the licensee rather than the amount offered being the main consideration for the grant of a license. When a shop is allowed to be opened in a building erected at the cost of Government, the fee should not ordinarily be less than the fair rent fixed for such a building according to the Public Works Department Code. Where the license is for mere "pitches" or places for sitting, the fee should be such as may be fixed by the District Officer and agreed to by the licensee. The "pitches" or places for sitting should be marked out year by year and no permanent or semi-permanent structure should ordinarily be allowed to be erected on them. Where, however, it is decided to allow the erection of such a structure, there should be a clear and definite lease for a term of years in the form given in Appendix A (7) providing for the disposal of the structure if the lease is not renewed but the Collector or the District Judge, as the case may be, should not grant the lease until the previous sanction of Government in the Public Works Department is obtained as required by Rule 28. A register of leases in kachahri compound would be maintained in each district in which there are Government estates, in the form prescribed by the Commissioner. ### 30. Civil Court compound. - Where the compounds of the revenue and Civil Courts are entirely distinct and separate, the shop in the Civil Court compound will be controlled by the District Judge. ### 31. License to professional typists. - No professional typist should be allowed to work in the Revenue Court compound or in the compounds of the Civil and Revenue Courts, when these are one and not demarcated, unless he takes out a license from the Collector who will charge a reasonable fee for granting such license. The special Form of license for this purpose is given in Appendix A (9) . ### 31A. Stamp vendors in kachahari compounds. - Ground rent should be realised from stamp vendors for the places mentioned in their license when they erect on these places any kind of structure which is attached to the ground and is not taken away at the end of each day's business. As enjoined in Rule 29, they should execute a lease for a term of years in the Form given in Appendix A (7) , with suitable alterations, and their names should also be entered in the register of leases maintained by the District Officer. In the Revenue Court compound or in the compounds of the Civil and the Revenue Courts, when these are one and not demarcated, the rent to be charged should be settled by the District Officer in consultation with District Judge so that there may be uniformity of rate with regard to such structures within the compound of the Civil and Revenue Courts. ### 32. Receipt and expenditure in connection with shops, etc., in kachahari compounds. - License fee for shops, fees for grazing and sale proceeds of fruits trees in kachahri compounds should be credited to the head XLVI-Miscellaneous- rents, rates and taxes". The cost of construction and repairs of roads and other major improvements in the compounds will be met from the funds at the disposal of the Public Works Department, but any expenditure on petty improvements should be met by District Officers from their annual grant for contract contingencies. (v) Roadside lands ### 33. Farming out of road side lands. - Collectors should farm out any surplus roadside lands belonging to Government which may be made over to them for that purpose by the Officers of Public Works Department. The right of cutting earth from such lands for the repair of the road should be reserved to Government in the lease, a stipulation being also made on the part of Government to avoid injury to crops. The land having been purchased by Government in the Public Works Department, the proceeds from them should be credited in the accounts to Public Works Revenues. The two forms of leases one for agricultural and the other for building purposes, which should be used in granting leases for the side-cutting lands of the Grand Trunks road in the district of Gaya and Shahabad are given in Appendix A. They are exempt from the statute of registration. The agricultural lease is not to be renewed nor its terms should extend beyond 5 years. When this term expires the land should be resumed and possession retained for 1 month before making a fresh lease. (vi) Hat lands ### 33A. Lease of hat lands. - A model Form of lease for settlement of Khasmahal hat lands is given in Appendix A (11 A). The lease should be registered formally. Note 1. - Rule 646, Chapter XL at pages 202-203 of the Bihar Survey and Settlement Manual, 1959, does not apply to such leases. The Collector and the mufassal Subdivisional Officer settle by auction or otherwise the right to levy tolls in hats (markets) , they themselves being competent to sanction settlements with annual rentals up to Rs. 500 and Rs. 250 respectively. In Sadar sub-divisions all such settlements shall be made by the Collector, who shall take the previous sanction of the Commissioner to any settlement the annual rental of which exceeds Rs. 500. In a mufassal subdivision such settlements shall similarly be made by the Sub-divisional Officer who shall take the previous sanction (1) of the Collector to any settlement the annual rental of which exceeds Rs. 250 but does not exceed Rs. 500, and (ii) of the Commissioner through the Collector, to any settlement the annual rental of which exceeds Rs. 500. Note 2. - The date of auction of the settlement of hats, fisheries, etc. should be notified well in advance. The auction should be held by the end of February and settlement completed by the end of March. [vii] [Added by C.S. No.5 dated 24.3.1954.] Settlement of fishing right in river/tank/bandh ### 33B. [ Settlement of fishing right in river/tank/bandh. [Added by C.S. No.5 dated 24.3.1954.] - A model form of lease for settlement of fishing right in river/tank/bandh is given in Appendix A (11B). The lease should be registered formally]. (viii) Collection and removal of stones, sand, etc., from Government estates ### 34. [ [Substituted by C.S. No.7 dated 23.11.1954.] The following Rules are prescribed for the collection and removal of sand, stones, morum, limestone, etc., from Government estates. These Rules apply only to minor operations. For quarrying, collection and removal of sand, stones, morum, limestone, etc., on a large scale, the rule under Chapters III to VI of the [Bihar Waste Lands and Mineral Concession Manual, 1947] shall apply:- (i) Applications for collection and removal of sand, stones, morum, etc., required for commercial purposes shall be submitted to the Tahsildar or other superior officer in immediate charge of the Government Estate concerned, or to the Collector or Subdivisional officer to whom he is subordinate: Provided that no such application will be necessary when sand, stones or morum are required by any person for personal use, e.g., house-building and other domestic purposes, and not for sale. Any such person will have free access to any such material without any let or hindrance or without any restriction on removal thereof, and may remove such material for the aforementioned purposes free of royalty. (ii) The applications filed for collection and removal of materials for commercial purposes under sub-rule (i) shall state the approximate quantity of each kind of material required. (iii) The materials referred to in sub-rule (ii) will be removed from such sites only as have been selected by the Tahsildar or other superior officer with the approval of the Collector, and the permit to be granted for the purpose shall be drawn up in the form given in Appendix C (1). (iv) The rates of royalty to be levied in respect of applications filed for collection and removal of materials for commercial purposes under sub-rule (i) shall be determined in each case by the Collector, subject to the approval of the Commissioner, in accordance with the existing market rates and local circumstances. (v) The materials referred to in sub-rule (ii) shall be stored in convenient places for measurements and check by the Tahsildar or other responsible officer not below the rank of Kanungo.] Chapter III Rules for the maintenance of records in Government estates other than town khasmahals or estates for which special rules exist. ------------------------------------------------------------------------------------------------------------------------------------------------ ### 35. What records to be maintained. - The record to be maintained under these Rules are as follows:- (i) When there has been a record-of-rights the khasra plot index, the 16 inch map and the continuous khatian (Register IB). When the estate is proprietary, and also where there are tenure-holders, it is also necessary to maintain the khewat of proprietors and the khewat of tenure-holders. (ii) When there has been no record-of-rights-the khasra (if any), the map (if any) and the jamabandi register IA. (iii) If there has not been a regular survey and there are no field numbers. The corrections described in Rule 49 will be made with reference to boundaries and names of tenants. In such cases a copy of register IA will have to be kept both at the head office and by the Tahsildar, in order to enable the provisions of Rule 36 to be carried out. ### 36. Procedure for correction after completion of a record-of-rights. - The rules and procedure for making settlements of Government estates are contained in the Bihar Survey and Settlements Manual. The following procedure should be adopted upon completion of a survey and record-of-rights for the systematic correction of estate record:- In the case of Government estates, a record-of-rights may be prepared either in the course of settlement of a particular estate alone or in the course of general operations for an area in which the estate falls. In either case it is equally incumbent on the Collector to bring his estate records in all respects, and not merely in respect of the rents payable, into agreement with the finally published record at the earliest opportunity. The Collector should obtain from the Settlement Officer, as soon as the records are ready for final publication, if no rent-settlement is to be made, and immediately after final publication, if a rent-settlement has already been made, and immediately after rent-settlement if made after final publication (e.g., in Chota Nagpur), two copies of the khasra plot index of the map and of the continuous khatian. If there are any tenure holders in the estate, two copies of their khewats and of the continuous khatian of their tenures will be obtained; and if the estate is proprietary, two copies of the proprietor's khewat. If, however, there is no mufassal office of the estate, only one copy of all the above mentioned records will be necessary. The Collector should definitely inform the Settlement Officer, in good time, whether he will need one or two copies of the records. Upon receipt of the records from the Settlement Officer the Officer in charge of Government estates will submit a note specifying the estate records which need correction, with a programme for the systematic carrying out of the work of correction. If possible the work should be completed before the ensuing cold weather. The Collector will determine whether it is necessary that progress reports of correction work should be submitted to him. If for any reason the officer in charge consider that an entry should be retained in an estate record which is discrepant from the record of rights he should have a note prepared on the matter. These notes should be consecutively numbered, and preserved as B class papers. Orders on each note will be passed by the Collector or by the Officer in charge in accordance with the instructions laid down by the Collector in this respect. The only addition that will be made in the continuous khatian is the entry of miscellaneous legally payable demands of a non-agricultural character such as banker, phalkar, basouri, etc. These will be entered in either the "rent" column or the column of remarks according to the space required for such entries, in distinctive ink, and each such entry must be duly initialled. ### 37. Changes in records. - Apart from alterations due to survey and Settlement the records will also require correction to keep them up to date on account of- (1) Transfer of or inheritance to holdings. (2) Sub-division or amalgamation of holdings. (3) New settlement of unoccupied or additional lands or of purchased holdings. (4) Abatement of rent. ### 38. Staff to ascertain changes. - Notices of transfer under Tenancy Acts should be utilized to correct records. The khasmahal staff should also always be on the alert to ascertain changes that entail correction of registers. If the tahsildar during the course of any local enquiries or during the local collection of rents finds that the persons in possession of holding are not the recorded tenant's or that holding shown in the estate records to be unoccupied, has been occupied or cultivated he shall report the fact to the Khasmahal Officer who will at once start a mutation case. The tahsildar should also enquire at the time a tenant pays his rent whether he has any mutations to make. If he has, he should be asked to submit an application in the form given below which should be supplied to him free. He may take the form away, if desired to fill it up or ask the tahsildar or his muharrir to do it for him. \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| \| Serial No. \| Date of application. \| Name of person applying for mutation. \| His continuous khatian number or jamabandi number. \| Particular of mutation required. \| Remarks. \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| \| \| \| \| \| \| \| An amin or other measurement officer whenever he is sent to a village to make any measurement will also check all abandoned tenancies and plots of waste land and enquire as to alluvion and diluvion in the case of riverian estates and submit a report to the tahsildar in regard to any application for unoccupied lands which may be made to him and generally on all matters connected with such lands. Note. - The term "tahsildar" includes patwari for the purpose of this rule. ### 39. Fees for mutation cases. - This rule governs application for mutation filed by occupancy raiyats, tenure-holders and raiyats holding at fixed rates. Mutation involves change in the name of the occupants of the holdings due to- (a) succession or inheritance; (b) transfer by sale, gift or exchange; and (c) partition. So far as the Khasmahal is concerned succession by inheritance does not affect the position of the occupancy raiyat. In such cases the application should not bear any court-fee stamp. In case of succession to a permanent tenure and a holding at fixed rates a tenant has to deposit with the Collector the usual landlord's registration fee prescribed by the Bihar and the Chota Nagpur Tenancy Acts. This also applies to cases of transfer of occupancy holdings, permanent tenure or holdings at fixed rates. When an occupancy holding is partitioned by an order of a court or otherwise, no fee is chargeable on an application for mutation in such cases. In case of a partition of a permanent tenure or a holding at fixed rates an application for mutation should bear one rupee and fifty paise court fee stamp together with a surcharge of 65 paise only. All applications for mutations should on receipt be entered in Register 27 in which the following two columns should be added before use:- (1) Date on which correction of Khasra and Khatian is made. (2) Signature of the officer who authenticates revision. If on enquiry by the Tahsildar, it is found that the application is unopposed no entry need be made in Register 8. But should it be opposed a mutation case should be started and transferred to Register 8. A case should also be started at once and entered in Register 8, if a mutation already allowed is challenged by an applicant. ### 40. Tahsildar's enquires. - Mutations which involve (i) changes in names only of occupants of tenancies as in cases of succession and inheritance or (ii) transfers by gift, sale or exchange of whole plots which do not require any measurement should be enquired into and reported upon by the tahsildar in the form given in Appendix C (2), specifying the jamabandi or continuous khatian numbers affected. If only some plots of a tenancy are transferred, the numbers of the plots in the khashra and their areas and the effect of the mutation on the rent roll must be fully explained. If a new tenancy has to be opened it must be given a number in continuation of the last tenancy number. An old tenancy will retain its original number. ### 41. Subdivision of holdings. - Except when an occupancy holding has been the subject of partition by an order of a court or otherwise as provided for in Section 25-A of the Bihar Tenancy Act. District and Settlement Officer may at their discretion recognise partition of tenancies in Government estates. The convenience of tenants should always be considered but the undue multiplication of demands of petty sums should be avoided. Where in mutation cases it is necessary to subdivide a field a map of the plots to be altered traced from the khasmahal map showing therein clearly in red ink the alterations required should be made by the tahsildar or the amin, as the case may be, and filed with the record. The new plots formed by subdivision will be given a number having for its numerator the number of the plot of which it originally formed a part and for its denominator a number in continuation of the last plot number of the village, For example, if the original plot number was 25 and there are 350 plots in the village, the new plot number will be 25/351. Where mutation is due to alluvion or diluvion a new map of the area should be prepared the old settlement lines being marked in distinct colours. ### 42. Amalgamation of holdings. - In the case of individual tenants paying rent separately for different plots of land, it is an advantage, where the tenant consents, to amalgamate these tenancies into a single tenancy with a single demand, but pressure should not be put on a tenant to consent to such an amalgamation, except when there is an application to sanction a partition of a rent demand. Thus if a raiyat asks sanction to his purchasing from another raiyat a field paying a rent of [eight annas] [Now fifty paise.] only, it would be reasonable for the Collector to insist that the field transferred and the [eight annas] [Now fifty paise.] rent shall merge in the purchaser's existing holding and rent, and not be made a separate tenancy. It should be distinctly understood that these orders do not supersede the rules as to transfer of tenancies or parts of tenancies which have been framed for special tracts, such as the Santhal Parganas and the Kolhan Government estate in Singhbhum. ### 43. Abatement of rent. - The rules regarding abatement of rent of Government estates are given in the Tauzi Manual. Vacant or unsettled lands may be the lands of abandoned, surrendered, resumed, escheated or purchased holding or they may simply be uncultivated waste. When settled they should be entered in the relevant Registers VIII and IXA concerned in forms given in Appendix B. ### 44. Reduction of rents in consequence of deterioration. - The Collector may of his own motion, or on the application of the tenant concerned reduce the rent fixed for any tenant in a Government estate on the ground that the soil of the holding has permanently deteriorated through causes beyond the tenant's control, from the time when the rent of the holding was fixed, or that an improvement has failed which was taken into account when the rent of the holding was fixed under a reclamation lease. If the tenant is a tenure-holder, the Collector will not grant any reduction of rent unless the tenure-holder agrees to give a corresponding reduction to his tenants affected, for all of whom the Collector will fix fair rents. No reduction is to be granted on account of the failure of an improvement which has been permanently exempted from assessment on the ground that it was effected by a raiyat holding at fixed rates or an occupancy raiyat. ### 45. Verification by tahsildars and superior officers. - The tahsildar will verify by local inspection all the reports of the amin or other officers and submit his recommendations to the officer in charge of Government estates keeping a copy for his office record. The latter or an officer not below the rank of a Kanungo will similarly verify not less than 10 per cent of all ordinary mutations reported and all the reports regarding cultivation of unoccupied lands, the officer in charge being himself responsible for testing at least the important ones. ### 46. Correction of records. - After orders have been passed by the Deputy Collector, or by the Collector in important cases Where it is considered necessary to take the Collector's orders or where there is an appeal to the Collector, the head office copies of the khasra, map and khatian, khewat or jamabandi register IA, as the case may be, should be corrected under the Deputy Collector's initial, the head of his office being responsible for posting the corrections; a muharrir will then fill up maintenance registers VII, VIII and IXA in the Forms given in Appendix B and will send to the tahsildar a correction slip indicating the exact nature of the changes to be made in his working copies of the khasra and khatian, khewat or jamabandi register IA, as the case may be and the amin should correct the map under the signature of the tahsildar. ### 47. Inspection of maintenance registers. - The Collector in the course of his annual inspection is to examine, and the officer in charge of Government estates is to check, the maintenance registers and the result of such examination and check should be reported in the District Annual Land Revenue Administration Report. ### 48. Diluvion. - Mutations due to diluvion should be shown in registers IA or IB and II. A note should be made regarding diluviated plots or portions of plots in the remarks column of the continuous khatian or jamabandi register IA, as the case may be. ### 49. Corrections how made. - Blank forms will be supplied at the end of the continuous khatian volume or jamabandi register IA. Where the alterations regarding any holding are so numerous that they cannot be shown clearly against the original entry, that entry will be scored out and the entries relating to the holding will be entirely rewritten at the end of the volume, a reference to the new entry being made opposite the original entry thus:- "Cancelled and transferred to khatian no. under the order in mutation case no of 2000....". But where the correction can be made on the page containing the original entry the latter need not be cancelled. The khatian will be corrected, and the reference to the mutation case number given on it, khewats where necessary, will be corrected in the same manner. ### 50. Maintenance of khasra and rewriting of khasra and khatians. - The khasra will be merely a plot index in the following form:- \| \| \| --- \| \| Number ofkhatianin which entered in- \| \| Khasra No. \| 1935 \| 1936 \| 1937 \| 1938 \| 1939 \| \| \| \| \| \| \| \| It will be convenient to rewrite entirely the khatians and khasras after a certain number of year when corrections have become numerous, under the orders of the Collector or Officer in charge of Government estates. ### 51. Systematic Periodical revision. - The general enquiries prescribed in Rule 38 must be supplemented by a periodical and systematic revision of the records after periodic intervals which should, where practicable, not exceed four or five years. The exact period will be fixed for each estate by the Collector with the sanction of the Commissioner. The revision is intended to be both a means of recording mutation of names and still more a means of ascertaining changes which take place in the cultivated area of estates under management whether the property of Government or of recusant proprietors; with a view to the requisite modification of the rent roll either by the assessment of additional rent for new lands brought under cultivation outside the boundaries of holdings and tenures as originally settled or by the writing off of the rents of lands which have diluviated or been thrown out of cultivation. ### 52. Procedure where farmer agrees to maintain the record. - Where in any Government estate a malguzar or farmer has executed a kabuliat in which he agrees to maintain or co-operate in maintaining the record a notice should be served on him every five years to report all changes. His report as to changes should be made in the form of the continuous khatian or of the jamabandi register IA, if there has been no record-of-rights, and the Government records should be corrected in accordance therewith in the manner prescribed in Rule 49 above after verification by a responsible officer not below the rank of a Kanungo. ### 53. Objects and method of revision. - In estates which are fully developed there is little or no room for extension of cultivation and the revision need not be annual. The chief object of the officers in charge will be to see that lands relinquished by tenants are re-settled and the rents brought on the accounts. Similarly, where much cultivable waste lands exists, it is important that once a year a competent and reliable subordinate should inspect the estate, map in hand, and note whether changes have occurred or not, through waste lands being brought under cultivation. If the changes are not so great as to render a regular remeasurement of importance, the requisite additions to, or reductions of, rent will be made on the report of the officer without the employment of an amin. If, however, the alterations in the cultivated area are large, an amin should be deputed to make measurements and the requisite modifications should then be made in the rent-roll. The Officer in charge of Government estates should give particular attention to this matter, and see that the inquiries are regularly made every year and the rent-rolls properly written up. He should himself also occasionally make local inspections. An annual return in respect of all estates will be submitted for the information and orders of the Collector who in turn will submit a return to the Commissioner in such form and for such estates as the Commissioner may prescribe.The Board does not prescribe a particular form of return for general use, since local conditions vary greatly, but the return should ordinarily give the name of each estate, the date of inspection, the name and designation of the inspecting officer, the result of the inspection as regards the changes observed, and the action taken with such additional particulars as may be found advisable. ### 54. Record of inspection of rent-rolls. - All tahsildars, managers, etc. are required to maintain a record of inspections of rent-roll for the purpose of the compilation of the annual return of the results of such inspections. ### 55. Mutation Returns. - Separate returns showing in abstract the mutations effected and the results of inspection of rent-rolls, respectively, in respect of Government estate during the preceding financial years should be forwarded by the District Officer punctually by the 1st May each year to the Commissioner of the Division, who will examine and utilize them for preparing Appendices VII and VIII of his Divisional Land Revenue Report which is due to the Board on the 31st idem. The forms of these appendices may be utilised for the returns but while the District Officers are required to furnish in the returns the names and other particulars of each estate, the Commissioners of Divisions should show in the appendices the total number only of estates in each district and a consolidated account of all of them. Chapter IV Account Rules ----------------------------- Part I – Rules for the guidance of tahsildars and other Khasmahal Officers employed in the collection of rents in Government estates. --------------------------------------------------------------------------------------------------------------------------------------- ### 56. List of registers. - A list of registers to be maintained in various offices excluding certain special forms for use in the Damin-i-koh Government estate in the Santhal Parganas is given in Appendix B (1) . The tahsildar will hang up in his office, (i) a yearly statement of demands and collections for each of the past 5 years, estate by estate and for his charge as a whole and (ii) a complete list of all his registers and in each register he must paste inside the front cover of each volume the instructions regarding that register. ### 57. Register I. - Where there has not been survey and record-of-rights, this register will be in the form IA given in Appendix B(2) . Where there has been a survey and record-of-rights it will be in form IB the continuous khatian. The tahsildar's register will ordinarily be a copy of the entries relating to his charge in the register IA or continuous khatian of the district or sub-divisional headquarters, but in special cases, and only with the sanction of the Commissioner previously obtained the tahsildar may be allowed to use the headquarters or sub-divisional office register. The tahsildar is not permitted to make any alteration or correction in either register IA or the continuous khatian except by the general or special order of the Khasmahal Deputy Collector. No alteration in the amount of the demand can be made except of an order in the prescribed form from headquarters. Such orders must be kept in due order in a separate file. One whole page, or more if necessary, must be allotted to each holdings, to allow for the entry of mutations. The Collector will prescribe for each estate such a form or order of mutation as he finds to be necessary. ### 58. Register II. - Instructions for writing up this register are given, below:- (i) A separate page must be allowed for each tenancy. The area and annual demand as it changes from year to year must be filled in from register IA or IB in the space provided at the top. It will not be necessary to open a new register every year, as one page will probably last for three to five years. When it becomes necessary to rewrite the register, this should be done before the beginning of the year for which it is required for collection purposes. References to orders sanctioning abatements of demand, settlements of unoccupied lands, etc., should be entered in the space provided at the top of the page, while the authority for remission should be noted in column 3. The order of sanction should be produced before inspecting officers in support of such entries in accordance with the instructions laid down by the Collector. (ii) The year to which the entries of the tenant's account relate must be written bodily across the page and the entries of that year should be written below it. (iii) All demands must be written in red ink including demands in arrears for previous years, the current annual demand, any advance payment in previous years and any addition to the demand made during the course of the year. (vi) All payments or remissions must be entered in black ink. (v) Payments in respect of arrears must be entered in the columns of the years to which they relate. (vi) The total of these credit entries is to be struck only at the end of the year. (vii) If there is any balance the amount should be entered in black ink in all the columns below the total of payment. Note. - The Rules in this Chapter must be complied with exactly, unless, by a written order, which should be kept for the convenience of inspecting officers, in a separate file by the tahsildar or by the headquarters office, as the case may be, the Collector has sanctioned a departure from any particular Rule. ### 59. Register III-A. - In this register are entered all payments made direct by the tenant or his agent to the tahsildar, whether before or after the issue of a certificate. A separate volume, or distinct portion of a volume, must be kept for each separate estate. If the number of estates is excessive, an application should be made to the Commissioner for their amalgamation into one or more tauzi numbers under Rule 3, Chapter II, section III of the Tauzi Manual, 1951. This register must be written up, and the daily balance remaining in the hand of the tahsildar must be entered clearly, at the close of every day. A running total of columns 6, 7, 8 and 9 will be made and carried on throughout the year, the total of the first page being carried to the top of the second page, and so on. In this way the figures for the current year up to date can be ascertained at any time.The last entry in column 14 in any page will be brought forward to the top of the next page. ### 60. Register III-B. - This register is intended for the entry of rent and cess paid, not to the tahsildar, but to the treasury, the certificate-officer or the Sub-divisional Officer. The money which the entries in this register represent, does not pass through the tahsildar's hands, and therefore, columns 11 to 15 of register IIA are not required in this register, and it must be fully entered up each day that transaction relating to it occur. ### 61. Register IV. - This register, the general cash-book, should show all receipts, payments and remittances of money, except those which are on account of rent, cess and miscellaneous revenue which are included in register III-A. It must be written up at the close of every day. It is not an estate register, and accordingly every money transactions of the tahsildar, except those entered in register III-A, must be included in it. The daily balance in this register added to that of register III-A is the total amount which should be in the hands of the tahsildar. ### 62. Register V (Treasury pass-book). - This register is kept only by those tahsildars who have been empowered by the Collector to use it. ### 63. Advices of remissions. - When an advice of the remission of rent is received from headquarters it will be kept by the tahsildar on a separate file maintained solely for remission advices of the current year in which the advices are arranged according to the date of their receipt. He will acknowledge the receipt on the form sent with the advice list. ### 64. Advices of issue of certificates. - When an advice of the issue of a certificate of arrears of rent is received from headquarters the tahsildar will keep it in a separate file, for the current year, in which the advices will be arranged in the order of their receipt. ### 65. Form of rent receipt. - The rent receipts in use in Government estates in all the districts except the Santhal parganas are printed in the Form given in Appendix C (3) . They are in duplicate, in book form, and are made with pen carbon paper. The original or upper receipt is made over to the tenant as his receipt for the payment made by him; the lower one is kept by the tahsildar in the book. Each book contains 50 Forms, in duplicate, and each Form is serially numbered in print, with a distinguishing letter A or B, etc. In each year there is one continuous serial number for all the books of the State and the letter indicates the year of printing. These books will be issued only under the orders of the Khasmahal Officer. They will be kept with the Nazir under lock and key but no book will be issued without the order of the Khasmahal Officer. The Khasmahal Officer will be responsible for seeing that no unnecessary receipt book is issued to a tahsildar and that no receipt books is unnecessarily retained by a tahsildar after the close of the year. The Khasmahal Officer shall examine personally each book both on issue and return and satisfy himself that the counterfoils are in order. When books are returned he shall also see that every blank page of those partly used up is marked "cancelled" with a rubber stamp, right across the body of the page and that those not used at all are destroyed in his presence. The fact of destruction should also be noted in the remarks column of Part III of the register of cheque books (vide Rule 33, page 100 of the Practice and Procedure Manual, 1939) quoting the serial no. and year of the book destroyed. The tahsildar must give receipts for the payments made in the new financial year on the new receipt forms for that year, and not on the old form of the preceding year. Accordingly, he must be careful to obtain the requisite supply of the receipt forms for the new year in good time. When he has prepared his return no. I for the whole year and it has been tested after the close of the year by the inspecting officer, he must return all his receipt books of that year, whether entirely used up or not, to the nazir through the Khasmahal Officer. The khasmahal clerk will be responsible for bringing to the notice of the Khasmahal Officer if this is not done. ### 66. Mode of payment of various dues. - Payment may be made on account of rent, cess, interest on arrears (for which certificates have been issued) and for miscellaneous demands and may be made by a tenant of a khasmahal in one or other of the following ways:- (a) Voluntary payment to the tahsildar by cash or money-order. (b) Voluntary payment direct to the treasury or sub-treasury. (c) Voluntary payment by money order to the Sub-divisional Officer of a Sub-division which has not sub-treasury. (d) Payment after the issue of certificate to the certificate department. (e) Payment after issue of certificate to the process-serving peons. (f) Payment after the issue of a certificate to the tahsildar. ### 67. Payment to the tahsildar. - When payment is made to the tahsildar by cash or money order, he will give receipts for cash in the form of rent receipt but for money order he will merely sign the receipt contained in the money-order form and make it over to the post office. He will at once credit the amount received in register II and register III-A noting the number and date of the receipt granted or of the money order coupon retained by him as the case may be. He will also initial the coupon and keep it in the guard file of challans. ### 68. Correctness of tenant's account. - When a tenant makes a payment he must be asked whether he admits the correctness of the account. If he does not, a note must be made in register II by the tahsildar that the tenant objects to the correctness of the account and reports of all such objections must be submitted to the Deputy Collector in charge of khasmahals in such form and at such periods as the Collector may from time to time direct. For each separate payment the tenant must be given a separate receipt in which the date of the actual payment must be entered. ### 69. Payment by person other than a recorded tenant. - Where owing to the pendency of a mutation case or application for sub-division or amalgamation, payment is made by a person not a recorded tenant in respect of a holding or tenure and the tahsildar cannot for the above reason or some other ground of objection grant a rent receipt in the prescribed form the payer will be granted a receipt in the form issued by the nazir to the process-servers and the amount will be kept in revenue deposit till the final disposal of the application or withdrawal of the objection when the amount will be transferred for the credit to the proper head of accounts and entered in the proper registers. But the payment should be shown in the cash book on the date of receipt. ### 70. Voluntary payment to the treasury or sub-treasury. - When payment is made direct into the treasury or sub-treasury, by cash or money-order, the accountant will send a copy of the challan to the Khasmahal department, which will send the challan with an advice list to the tahsildar concerned. The tahsildar will retain the challan, and return the advice list with a note stating that all payments shown in the advice list have been entered by him in Register II and Register III-B. ### 71. Direct payments by money-order to the Sub-divisional Officer of a sub-division which has no sub-treasury. - When payment is made by money-order to a Sub-divisional Officer in charge of the khasmahal of a sub-division where there is no sub-treasury, the money on receipt will be entered in the nazir's cash book, and then deposited in the treasury. A report will be called for from the tahsildar, and the amount will be taken out of deposit and refused or credited under the proper head in accordance with the report. If it is credited, the khasmahal department will send one challan and an advice list to the tahsildar, and the other will be kept by the treasury. The tahsildar will proceed as in the above Rule. ### 72. Payment to the certificate department. - When the sum due is realised by the certificate procedure, and is credited by the nazir into the treasury or subtreasury, the certificate department will send two copies of the challan to the khasmahal department which will send one copy with an advice list to the tahsildar, who will proceed as in Rule 70. ### 73. Payments to the tahsildar after certificate. - When payments are made to the tahsildar after certificate he will send a report in duplicate to the khasmahal department. The department will send the report to the certificate-officer, who will make the requisite entries in his registers and will return the report with a note either (i) that the certificate has been satisfied completely and proceedings stopped, or (ii) that the payment has been noted by him and the balance remaining for recovery is Rs The khasmahal office will retain one copy of the report and return the other to the Tahsildar. In other respects the tahsildar will treat the payment as his own collection. ### 74. Remittance of cash by the Tahsildar. - When money is paid to the Tahsildar, if he is at headquarters he must credit it into the Treasury (or subtreasury) on the day of receipt, or on the next day if the treasury is already closed. If he is not at headquarters he msut make remittances to the treasury or subtreasury at such intervals as the Collector may prescribe. These intervals will be so fixed that the amount at any time in the tahsildar's hands should not exceed the amount of his security deposit. He must also remit even within that period when the amount in his hand equals to his security deposit. If the Tahsildar has a pass-book (Register V) he will send the pass-book and duplicate challans to the treasury. If he has not, he will send triplicate challans. The pass-book in the former case, and a copy of the challan in the latter, will be his voucher. When remitting money to the treasury rent and cess must never be included in the same challan, nor may the receipts of different estates be included in the same challan. Note. - In khasmahal circles situated at a distance from the district or subdivisional headquarters, the Tahsildars are permitted during heavy collection season to make remittances of cash to the treasury or sub-treasury by postal money-order the cost of remittance being charged to the contingent grant. ### 75. Return No. I. - In return No. I should be furnished the demands, collections remissions and balances of rent and cess of estates under direct management of Government. The first return is for the half-year ending the 30th September, the second is for the whole year from the 1st April to the 31st March. In the first return columns 24 to 30 should be left blank. In the second return all the columns should be filled up. A separate return is required for each estate. The figures for demands, collections remissions and balances for this return must be prepared from the Tenant's Ledger (Register II) by means of a compilation sheet. The figures for collections must then be agreed with the total figures of collections for the period in question separately compiled from Registers III-A and III-B. ### 76. Return No. II-Progress statement of collections. - In this statement are shown not only all the collections made by the Tahsildar and entered in register III-A but also all payments made to the Certificate Officer, etc., which are entered in Register III-B. The period for which this statement is to submitted will be fixed by the Collector by a separate order. ### 77. Return No. III-List of defaulters. - As soon as possible after the close of the year the Tahsildar will submit a list of defaulters in the form of return III. A defaulter for the purpose of this rule is a person who has not paid his dues on or before the 31st March. If any defaulter has paid up his dues in part or whole after the close of the year a note of that fact will be made in column 17 but the defaulter's name and arrears will appear in the return. The return will be scrutinized and tested by the Khasmahal Officer or any other officer not below the rank of a Kanungo deputed by the Collector for the the purpose, who will, after such enquiry, as may be necessary, pass order in which cases certificates are to be issued. He should certify on or before 1st July, to the Collector that this has been done. In addition the list will be scrutinised locally at such period as the Collector may prescribe. Part II – . Rules of account for the guidance of the Officers in charge of Government estates at headquarters, including Sub-divisional Officers. --------------------------------------------------------------------------------------------------------------------------------------------------- ### 78. List of Government estates to be kept in each district. - In every district office, a list of Government estates (including Government estates situated in mofassil sub-divisions) should be maintained in the form given below. Such a list should be maintained separately in each sub-divisional office for the Government estates in mofassil sub-divisions. The list should be periodically revised and brought up to date. All notes must be signed and dated by the Officer making them, showing his official designation and countersigned by the Sub-divisional Officer or the Khasmahal Officer. \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| Name and number of estate \| Area \| Rent roll \| Situation \| Method of assessment and collection \| Whether subject to alluvion or diluvion \| When and how surveyed \| Whether a record ofraiyatsright is in existence \| Whether heldkhasor framed out \| Whether to be retained or sold \| How it become a Government estate \| Revenue history since becoming a Government estate \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| 7 \| 8 \| 9 \| 10 \| 11 \| 12 \| \| \| ### 79. The rent-roll Register I. - When a record-of-rights has not been prepared the rent-roll will be kept in form I-A given in Appendix B(2) . In estates for which a record of rights has been prepared it will be kept in form IB, the continuous Khatian form of the record. No alteration in the rent-roll can be sanctioned by any authority lower than the officer in charge. The Rules relating to mutations in these registers are prescribed in Chapter III. ### 80. Re-copying of the rent-roll. - Whenever a new rent-roll of an estate is prepared by copying from the old rent-rolls it must be carefully compared by a Gazetted Officer in respect of every item, and he must attach a certificate to the new rent-roll that he has compared all the entries, and that they are correct. He should state the number of pages which the rent-roll contains. The order for recopying should be preserved as on a paper ### 81. Village note-book. - An officer in charge of Government estate should keep a village note-book in which he should enter all matters of interest regarding individual villages of the estate and the people in them which may come to light from time to time. This will, to some extent, lessen the evil that arises occasionally for want of continuity, and will also be a very useful record of improvements needed. When any such officer hands over charge of his duties the fact that this note-book has been made over to his successor should be reported formally to the Collector. ### 82. Maintenance of maps showing estates. - The Deputy Collector in charge of khasmahals should provide himself with a map of the district on the scale of 1 inch = 1 mile, on which he will colour the villages held khas in light red and those held otherwise than khas in pale blue. When the entire village is not so held, only the proportion of the village area held will be so coloured. The thana maps (with lists of villages) prepared by the settlement department or the 1" maps published by the Survey of India (new standard sheets and 1" maps based on older surveys) should be utilised. If in the case of any district the 1" maps published by the Survey of India do not show village boundaries, the district maps on the scale 1" = 4 miles may be used, the village names being underlined in red or blue. Note. - Village boundaries are not shown in the 1" maps published by the Survey of India except on certain sheet relating to the districts of Shahabad, Saran, Champaran, Muzaffarpur, Darbhanga and Purnea. ### 83. Record of cases sent for local enquiry. - The practice of sending petitions or other papers for local enquiry or report to Tahsildars, Kanungos or other officers without taking proper measures to prevent the case from being lost sight of is to be avoided. When such reports are called for a returnable date should always be fixed and order sheet prepared. A copy of the order sheet will be kept by the court concerned so as to ensure that the case regularly appears on the case diary and is not lost sight of. ### 84. Comparison with Registers 32 and 40. - The permanent demand of an estate, which is shown in the rent-roll, must agree with the demand as shown in column 5 of Register 32 (Register of estates under direct management) kept in the munshikhana. As soon as any alteration is made in the demand whether by abatement, settlement or resettlement, entry of the fact should be noted in the rent-roll, in Register 32 and also in Register 40 (Alterations of assessments) kept in the Tauzi Department. Remissions are not be recorded in these registers but in a separate register VI maintained for the purpose. It is the duty of the officer in charge of the khasmahal department to satisfy himself at the end of each year that these three registers are in agreement. ### 85. Alteration in the demand in the rent-roll. - Every alteration in the demand in the rent-roll must be verified and initialled with the date, month and year, by the Gazetted Officer in charge and must be communicated to the Tahsildar to enable him to correct his copy, the form in which the alteration of the demand of a tenancy should be communicated to him should be prescribed by the Collector.To his form should be attached a receipt to be signed and returned by the tahsildar certifying that he has made the necessary corrections of the demand. ### 86. Index of alterations of the demand. - In order to facilitate the checking of these alterations in the demand they must be entered in a manuscript register in the following form (the entries for each estate being kept together in a separate portion of the register):- \| \| \| \| \| --- \| --- \| --- \| \| Name of estate \| No. of estate \| Year \| \| Number of tenancy in rent-rolls \| Name of village \| Authority giving Order date of order \| Initial of correcting officer and date of making corrections in the rent roll \| Previous demand \| Sanctioned demand \| Increase in demand \| Decrease in demand \| Date from which the new assessment will take effect \| Remarks \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| 7 \| 8 \| 9 \| 10 \| \| \| In this register should be entered new tenancies which may be created, and old tenancies which cease to exist, in addition to tenancies which are merely altered. The difference between the totals for the year of columns 7 and 8 will give the net results of all alterations of the demand of the estate in the year. Note. - The total changes in the demand of the Government estates should be communicated to the Tauzi Department and the Revenue Munshikhana by means of a parwana in the form prescribed above. The parwana should be sent in triplicate, one to be kept and filed by the Tauzi Department and the other to be kept and filed by the Revenue Munshikhana and the third to be returned with a certificate by each department to the effect that Registers 32 and 40 have been duly corrected. ### 87. Estates let out in farm. - These estates are shown in Register 32-A of the Register and Return Manual. In the case of temporarily settled estates, existing columns 5 and 10 should be left blank. A yearly list should be kept of estates whose settlements will expire each year in the following form:- \| \| \| \| \| --- \| --- \| --- \| \| Year in which settlement expires. \| Tauzinumber of estate. \| Serial number in Register 32A. \| \| 1 \| 2 \| 3 \| \| \| \| \| ### 88. Register 33 of dependent tenures. - This register is only to be kept up in the districts of the Chota Nagpur Division. The division of these dependant tenures, and the consequent distribution of the rent, can be sanctioned only by the officer with whom the power of confirming the settlement of the estates rests. There is no legal right to any such division, and sanction should be given with the greatest caution, if at all. ### 89. Fluctuating demands. - All demands which fluctuate from year to year should be entered in a "Register of Miscellaneous Demands" in a form prescribed by the Commissioner, which will be maintained in each district in which there are Government estates. Such demands will not be entered in Register 40. In the rent-roll, if small in amount, they will be entered at the end. In the remarks column of Register 32 merely the existence of these demands will be noted, e.g., that there is income from Lac, fruits, timber, salami in town Khasmahals etc. but, the actual figures should not be entered. To ensure that salami has been realised in cases where it is due, Register I in town khasmahals must also be examined annually with the "Register of Miscellaneous Demands". In this register should be given a cross reference to Register I by noting the Jamabandi number which the new tenancy will bear in column I of the latter after its creation on payment of salami. ### 90. Advices to Tahsildars. - Advices to a Tahsildar regarding (i) the correction of the demand in the rent-roll, (ii) payments of rent made at the headquarters, (iii) remissions, and (iv) certificates, will be numbered serially a separate serial being kept for each class. In the Tahsildar's office there will be four files of such advices (challans sent with them). Advices regarding other alterations of the rent roll should not be included in the serial for corrections of the demand. Care must be taken that an acknowledgement is obtained from the Tahsildar for every advice, and if in any case it is not received, an enquiry must be made from him. ### 91. Progress statement of collections. - The Gazetted Officer watches the collections of the tahsildars by means of the progress statement prescribed in Rule 76. The periods for which this return is submitted by the tahsildars are prescribed in a special order by the Collector and depend on the peculiarities of the estates and the progress made in collections. The statement must be checked by the Gazetted Officer with the figures shown in the tauzi ledger for the same period, and any discrepancies investigated at once. It is particularly important to make sure that sums collected in April after the close of the year are credited at once and not retained in the hands of a Tahsildar. The statement is then submitted to the Collector for his infromation and for any orders that may be required. ### 92. Remission and suspension of revenue demand. (a) The Rules regulating the remission and suspension of the demand of land revenue on the occasion of widespread calamities are contained in Chapter II, Section XX of the Tauzi Manual, 1923. So far as accounts are concerned, the duty of the headquarters office is to give timely notice of the orders to the Tahsildar, with a careful definition of the class of tenancies or enumeration of the individual tenancies concerned. (b) The cases of individual tenants in arrears are dealt with upon the scrutiny of the arrear list (see Rule 77) by the Gazetted Officer. Recommendations for remission must be submitted for orders to the Collector. When a remission is granted, the tenancy is entered in the Remission Register VI which is to be maintained at headquarters only in the forms given in Appendix B (9) and a copy of the entry is forwarded to the Tahsildar along with an acknowledgement form to be returned by him duly signed. The authority who is competent to sanction remissions in khas mahals is the Collector, up to a limit of Rs. 100 for each separate estate. Above that limit the sanction of the Commissioner is necessary (see Rule 6, Section XVIII, Chapter II of the Tauzi Manual, 1923). ### 93. The arrear list. - The local checking of this list, which is prescribed in Rule III (f) , should be made as soon as possible after the end of the financial year. The Gazetted Officer will as a result of the checking, make any recommendations to the Collector that may be necessary for the remission or suspension of the demand against individuals. Regarding other arrears he is empowered to order the issue of certificates. ### 94. Interest is not to be charged on arrears except on demand for which a certificate has been signed. - The Board has ruled that interest is not to be charged on arrears of rent in khasmahals. In such estates the rent is analogous to revenue, and interest is never charged on revenue, the powers of enforcing payment being more summary and stringent than in the estates of private individuals. This prohibition does not apply to interest under Section 17(a) of the Public Demands Recovery Act (Bihar and Orissa Act IV of 1914) on demands for which a certificate has been signed. As regards the levy of interest from the date of signing the certificate up to the date of realisation, i.e., actual recovery of the demand, instruction 9 (2) , pages 107-108 of the Certificate Manual, 1937, excuses interest in the following cases:- (a) No interest should be charged on any amount below Rs. 12. (b) No interest shall be charged in any case where the period between the date of making the certificate and the date of realisation is two months or less. In cases where this period exceeds two months, interest shall be charged for the whole period, counting from the date of making the certificate, subject to the provisions of clause (c) below. (c) Fractions of months, when the period exceeds two months, and fractions of rupees, where the amount exceeds Rs. 12, should be disregarded. (d) The interest charged should be entered on the notice of attachment or warrant of sale along with the original amount of the certificate and the process-fees due. ### 95. Issue of certificates. - The Board has observed that in most districts there is a want of promptness in taking out compulsory process for the recovery of Government demands. Of course, if there is a bad season, consideration must be shown and the tenants must not be pressed. But, this and other exceptional reasons apart, punctual payment should be enforced. ### 96. Certificate procedure not normal method of collection. - At the same time it must not be forgotten that the certificate procedure is not to be looked upon as the normal method of collecting the dues of Government. The officer responsible for collection must certify, when applying for a certificate, that he or one of his responsible subordinates has personally demanded payment of the arrears, or furnish a satisfactory explanation of the omission to do so. The Certificate Officer will be justified in not decreeing costs against the certificate-debtor, if the latter pays up the demand promptly, unless the requiring officer can satisfy him that the debtor was given proper warning before hand. Note. - In the cases where it is not possible to make a personal demand for payment of the arrears, post-card warnings, as laid down in Rule 1 at page 109-110 of the Bihar Certificate Manual, 1937 should invariably be issued before the officer responsible for the collection of rents applies for a certificate. ### 97. Procedure in connection with certificates. - The khasmahal department will prepare the draft certificates, in Form No.1 of Schedule II of the Bihar and Orissa Public Demands Recovery Act, 1914, and send them to the Certificate Officer for signature and execution. The Tahsildar must always be advised of the making of a certificate, and the advice sent to him should show the name of tenant, the number in the rent-roll and the amount and year for which the certificate is made and also the number of the case in register X and the date of filing of the certificate. An acknowledgement should be attached for his signature. ### 98. Return No.1. - The first return for the half year ending the 30th September should reach the Commissioner and the Board by the 15th November and 1st December, respectively, and the second for the whole year, from the 1st April to the 31st March, by the 16th July, and 31st July, respectively. In case of delay a full explanation should always be furnished with the return. In the copy intended for the Commissioner's office figures should be shown separately for each estate, but in the copy intended for the Board sub-divisional totals only need be given. Rent, cess and miscellaneous demands should be shown separately for each estate, or subdivision, as the case may be, in three lines, and the grand totals should also be struck in three separate lines. The annual demand will be taken from the previous years returns subject to the net alterations during the year as shown in Register 40. Arrear demand and advances will be taken from the last year's return, while the current demand will be the annual demand minus advance payments for the year in question. Collections will be entered up from Registers III-A and III-B and remissions from Register VI. The balances will be obtained by subtraction of collections and remissions from the demand. To facilitate check of the progress of collections the return should be supplemented by a statement in the form of return I, part II, comparing the results with those of the corresponding period of the preceding two years. The return forwarded to the Board should be accompanied by a copy of any remarks of other than a routine nature recorded by the Commissioner on the return as submitted to him. ### 99. Collections shown to be compared with fauz/ledgers. - The return is submitted half-yearly in order that the Commissioner and the Board of Revenue may watch the progress of collections. Before submitting this return to the Collector the officer in charge must scrutinize it with special care. In particular the total collections shown in the return must be compared with those shown in the tauzi ledgers for the period covered by the return. A khasmahal officer is particularly required to make sure that all collections made by a Tahsildar during March are credited into the treasury during April. ### 100. Entry of new estates. - When an estate is purchased by Government at a revenue sale or becomes the property of Government by escheat or in any other way, a summary settlement must be made with the existing tenants pending regular settlement. The yearly demand so ascertained will be entered in column 5 of return I and also in Register 32 and Register 40. ### 101. Unidentified and diluviated estates. - When an estate which has been purchased by Government at a land revenue sale cannot be identified, the demand in column 5 of return I will be the amount of land revenue previously payable in respect of the estates, as shown in the tauzi roll, unless and until it is abated by competent authority. Such estates should be entered in Register 32 (like diluviated estates) the demand being shown in the "remarks" column along with a note of the inquiries made to the estate. ### 102. Estates under resettlement. - When an estate is under resettlement the entry to be made in column 5 of return I is the annual demand which was imposed at the last previous settlement, subject to the alterations duly made in it since then. This demand should continue to be shown in the return, and collections should continue to be made accordingly, until the completion of the new settlement. ### 103. Scrutiny by Tauzi Deputy Collector. - The Tauzi Deputy Collector is required to certify that the sums noted as collected against each estate during the period under review agree with the total of the sums entered in the Tauzi ledgers as paid within that period in respect of that estate. As regards khasmahal estates, the accounts in the tauzi department are not kept kistwar, the whole demand for the year being treated there as realizable from the 1st of April so as to admit of easy adjustment with the khasmahal accounts which are only balanced yearly. Only the sums unpaid at the end of the year are treated as arrears. Note. - For the purpose of preserving agreement with annual return XII the khasmahal accounts in the Tauzi Department should be balanced on the 31st March. Where various kists are recognised, and, in the absence of special arrangements with the tenants to the contrary, there must be quarterly kists, the accounts can be balanced at the close of any kist at which it is found expedient to file a certificate against a tenant; and this can also be done at the close of the agricultural year should a tenant demand a clearance receipt then. ### 104. Comparison of cess and sayer collections with Treasury Accountants' registers. - A comparison must be made at least once in every year between the khasmahal department figures for cess and sayer collections in estates held under direct management and the figures shown in the Treasury Accountant's registers, and a certificate must be given at the foot of half yearly return I whether this has or has not been done in the half-year under report. ### 105. Comparison of return No. 1 for the year with return XLI. - Return No.1 for the year should be compared with the annual return XLI, and a certificate should be submitted with the former return to the effect that the comparison has been made in respect of each estate included in the return and that the figures in the two returns agree. The agreement as to the demands and balances shall be certified by the Khasmahal Officer and as to collections by the Tauzi Deputy Collector. If they do not agree it should distinctly be stated that the discrepancies have been explained or reconciled. ### 106. Explanation of balances. - General, and not detailed explanations of outstanding balances should be furnished with return I for the year classified as follows:- (i) Amount under realization by amicable arrangement. (ii) Amount under recovery by certificate. (iii) Amount proposed for remission. (iv) Amount realized since the close of the year. These explanations are not to be given in kistwar return X, but the general result of the collections should be reviewed in that return, as laid down in Rule 8-A, page 60 of the Tauzi Manual, 1923. On the other hand, no explanation is required in return I of the changes in the total annual demand of an estate, because such explanations are given in detail in respect, of each estate in kistwar return X and the kistwar abstract. Chapter V Tours and Inspections ------------------------------------ ### 107. Tours of Khasmahal Officers. - The standard of touring of khasmahal officers should be fixed at 90 days including 60 nights. If Commissioner considers that in any district, owing to the small area of khasmahal, this rule should be relaxed, this may be done with the Board's approval. The Khasmahal Officer should get in more personal touch with the tenants. The Collector should also camp in khasmahal villages and give opportunity to tenants to approach them and put forward their grievances and make suggestion freely. (Board's circular letter No. 8-159-1, dated the 8th November, 1946 and No. 8-6-13, dated the 4th December, 1947.) ### 108. Supervision of the tahsildar and local inspection of their papers. - The officer in charge, that is, the Khasmahal Manager, Deputy Collector, or Subdivisional Officer, must be familiar with the accounts rules for the guidance of tahsildars. He is responsible for ensuring by half-yearly local inspections of the tahsildars officers that they are being duly carried out. ### 109. Inspection. - All Government estates must be inspected locally once a year and the accuracy of the accounts tested by the Collector, or an Assistant or Deputy Collector under his orders, or by the Sub-divisional Officer in the case of estates lying within a sub-division. The necessity has been insisted on by Government and by the Board in its Circular No. 8 of February 1881, reproduced in Appendix E (2) . Notice of this inspection must be given in good time to the tenants, who should be ordered to attend with their receipts. In addition headquarter's offices must also be inspected. In Appendix F a set of questions is prescribed for the use of officers inspecting both headquarters and tahsil offices. ### 110. Surprise inspections. - In addition to the inspections of which notice is given, it is essential the surprise inspections should also be made as possible. These will compel the tahsildar to keep his accounts and registers up-to-date and to remit collections promptly. The enforcement of this rule is the special duty of the Collector, who should satisfy himself that the visit are made in such circumstances as to be really unexpected. ### 111. Method of inspection after-notice. - When making an inspection after notice the Gazetted Officer should have before him all the tahsildar's registers. He will then proceed to:- (a) compare the duplicate receipt with the receipts held by the tenants, and with the entries in Register II and in Register III-A (or III-B); (b) check the totalling of Registers III-A and III-B and the correctness of the account-keeping in Register II; (c) Compare the entries of all remittances to the treasury in Register III-A with the tahsildar's pass-book or challans, and in particular see whether the tahsildar delays in making remittances and whether the amount at any time in his hands has been excessive compared with the security given by him; (d) scrutinize the alterations in the rent-roll which affect the demand comparing them with the corresponding entries in Register II and the parwanas received by the tahsildar under Rule 57; (e) check all remissions entered in Register II with the advises received by the tahsildar under Rule 63, beginning from the date of the last inspection; (f) check the arrear list (Return no. III) by questioning the defaulter about the accuracy of his account, or by a reference to register II if he is absent; (g) inspect the stock of rent-receipt books, to see that it is not excessive and that all the books are of the current year's issue; (h) discuss with the tenants the agricultural experiments, the expenditure of the money allotted for improvement (which should be inspected), and the need of further improvements in respect of water, sanitation, roads and markets. Items (b) , (c) and (d) do not require the actual presence of the tenants and can be taken up before or after the other items. Complaints regarding settlements of abandoned tenancies or waste lands can be more conveniently taken up when mutations are being inquired into, and item (h) should be taken up on the same occasion, if there has been no time to spare at the accounts inspection. ### 112. Employment of ministerial assistance in checking accounts. - In exceptional cases, and with the previous approval of the Collector the work of checking the entries in the khasmahal registers may be done by a responsible ministerial officer; but it is essential that he should do this under the supervision of the Gazetted Officer and that the latter should not only recheck a percentage of his work but should also check a percentage of other tenancies. ### 113. Amount of checking. - The number of items or length of the period to be checked by the Gazetted Officer and the ministerial officer, separately, should be definitely prescribed by the Collector. If the checking is by numbers, these should be checked in the case of large estates 15 per cent of the entries covering a period of one year in all, and in the case of small estates 30 per cent of such entries. The checking officer will certify in writing the number of items checked (or the length of the period checked) and that he has checked all remittances in register IIIA with the entries in the pass-book or duplicate challans, and these certificates will be preserved in a separate file in the headquarters office. In checking registers II, IIIA and IIIB, the officer must initial each item checked. Note. - The Board desires that in those estates in which the percentage of collection drops below the percentage prescribed in Appendix II, page 202 of the Bihar Tauzi Manual, 1923 the percentage of receipts to be checked with the books should be in the inverse ratio, for example, if the actual collection be Àth of the prescribed standard the percentage of check should be increased by ⅓rd, provided the maximum may not exceed double the limit mentioned above. The District Officer is expected to use his discretion wisely in this matter. ### 114. Agricultural deterioration to be reported promptly. (1) It is the duty of Subdivisional and District Officers to report promptly the existence of any agricultural deterioration, and such reports should be forwarded by the Commissioners, with their own views, to the Board of Revenue for orders. In the case of both Government estates and temporarily settled private estates it will be a matter for consideration whether abatements or suspensions of revenue or rent should be granted. (Vide Sections VII and XX Chapter II of the Tauzi Manual, 1923). The reports will be forwarded, when the Board thinks necessary, to the Director of Agriculture. (2) Agricultural deterioration has been described by the Government of India as including (1) occasional failure, that is, "Sudden distress due to unforeseen calamity, such as failure of rain, hailstorms, inundation, etc., requiring as a rule, immediate relief", (2) gradual failure, that is, "gradual deterioration due to ascertainable causes, requiring early and special measures of prevention and relief", instance of which are cattle murrain, swamping due to interference with drainage by railway embankments or canals, the growth of noxious weeds and causes which gradually reduce the value of land or affect the prosperity of the people, and (3) persistent failure, that is, failure to reach the highest attainable standard of production due to causes or defects of a more or less persistent character and requiring prolonged investigation, such as want of irrigation, frequent liability to failure of rain, insufficiency in the wood or fuel supply, cattle-diseases, plant diseases and blights, want of drainage, the prevalence of saline efflorescence, proved imperfections in agricultural practice, the want of suitable manures, and so on. Chapter VI Cost of management and budget grants ---------------------------------------------------- ### 115. Tahsildari schemes. - A minimum rental of Rs. 4,000 has been fixed for an estate or group of estates as the qualification for management by a special tahsildari establishment. Estates and groups of estates with a rental of less than that amount which cannot be included in an existing scheme or amalgamated with other adjacent estates to form a new scheme, must be managed without additional cost by the subordinate executive establishment of the district. ### 116. Qualification of a Tahsildar ora Patwari. - When the tahsildari establishment includes a patwari he shall not be employed on collection work but should be treated only as a clerical assistant to the tahsildar. No one should be appointed as tahsildar or patwari even as a temporary measure in any Government estate unless he is a competent surveyor, able to do planetable survey nor should he be allowed to remain in the same circle for more than three years except under the special orders of the Collector or more than five years without the approval of the Commissioner. Note. - The patwaris in the Government estates in Purnea make collections and are paid by commission. ### 117. Statement of landed property to accompany nominations to posts of managers, etc. - Nominations to posts of managers, sub-managers or tahsildars must be accompanied by a statement of the landed property owned by the nominee in the following form;- \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| Name of nominee \| Description of the locality such as district, sub-division, thana, mauza, etc., where the landed property lies \| Nature and extent of the interest owned \| Annual value \| The method, inheritance purchase and the like, by which acquired \| Date of acquisition (approximate) \| Remarks \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| 7 \| \| \| The information given in the statement will be entered in Register No. 45-A which will be maintained in the office of the authority making the appointment. ### 118. Security of tahsildars. - Under Rule 211 read with Rule 208 of the Board's Miscellaneous Rules, 1958, each tahsildar is required to furnish security and two sureties. ### 119. Acting allowance Rules. - Muharrirs and Patwaris of Government estates in districts other than Palamau are allowed when they act for tahsildars, an acting pay not exceeding double their substantive pay or Rs. 30 a month, whichever is less. In Palamau the acting pay of khasmahal muharrirs is limited to a maximum of 50 per cent of their substantive pay. ### 120. Permanent travelling allowance. - A list of tahsildars and other officers in receipt of permanent travelling allowance or conveyance allowance is given in Appendix C (4) . ### 120A. Payment of travelling allowance to Patwaris. - Payment of travelling allowance to patwaris (whether salaried or paid on commission basis) will be regulated as follows:- (i) For journeys by rail within their jurisdiction- Single fare of the lowest class. (ii) For other journeys within their jurisdiction-Nil. (iii) For journeys outside their jurisdiction- As admissible to a Government servant of the 4th grade. ### 121. Sanction for payment on commission. - In khasmahal where the tahsildars or other persons engaged in collection work are paid on a commission basis and the Board has once sanctioned the rate of commission on collection payable therefor, the Collector requires no further sanction for payment at the sanctioned rate. ### 122. Procedure for payment of commission to tahsildars. - In order to prevent commission being drawn more than once for the same collection, payment of commission should be made after each kist on bills to be filled in a bill book and the transactions should be recorded in Register 69-A prescribed in the Register and Return Manual. The procedure preliminary to payment will ordinarily be as follows:- The bill should be received by the Khasmahal Officer who will ask the Tauzi Navis to certify on the back of it the amount collected and the period to which the collection refers. The Superintendent will then look into the register prescribed above and satisfy himself from the entries that no commission has already been paid on the same collection. The payment of the bill will then be recommended by that officer in writing and the Collector will pass order on it. In order to afford facility to the audit office to ensure that the collections have been verified and that the commission is not paid twice over the District Officers should furnish the following certificate on bills of payment of commission:- "Certified that collections for which commission has been charged in the bill have been verified and that payment on this account has not already been made." ### 123. Revision of establishment. - A proposal for the revision of establishment must be accompanied by statement showing the existing percentage which the cost of management bears to the total rental of Government estates in the district and the percentage which the proposal entails. The forwarding letter should state clearly:- (a) present cost, either of sanction or sanctions affected or of total establishment as the circumstances of the case may indicate to be necessary; (b) cost, if proposals are accepted; (c) details of the number and pay of appointments which it is proposed to add or modify. A proposition statement should be submitted- (a) in case of general revision of establishment; (b) when the proposals cannot be set out clearly without. The cost of management of Government estates in Palamau includes the pay and travelling allowance of the Khasmahal Officer who is exclusively employed to look after these estates. ### 124. Powers of the Board. - The Board is empowered to revise the scale of non-gazetted and menial establishments of Government estates subject to the following conditions;- (1) No post on a pay exceeding Rs. 30 (rupees thirty) a month should be created or abolished. (2) The pay of no post should be revised so as to exceed Rs. 30 (rupees thirty) a month. (3) Any additional cost involved should be met from the grant for the management of Government estates. ### 125. Temporary establishment. - Temporary establishment should only be employed in exceptional circumstances. Commissioners of Divisions are authorized to sanction temporary appointment in khasmahal establishment on pay not exceeding Rs. 50 in each case, subject to the condition that the additional expenditure can be met from the grant annually placed at their disposal under "Management of Government estates-Collection of Revenue-Pay of establishment". ### 126. Grants for Management and Improvement. - A historical survey of the former procedure in regard to the annual grant for the management and improvement of Government estates will be found in the preface to section III of Government Estates Manual, 1902. The present procedure is that two grants are placed annually at the disposal of the Board of Revenue, one for the management of and the other for the improvement of Government estates throughout the State except the district of the Santhal Parganas for which similar grants are made to the Commissioner of the Bhagalpur Division who exercises the powers of the Board in this district under the Rules contained in this Chapter. ### 127. Principles on which the grants are calculated. - Those grants are determined as follows:- (a) Management. - The management charges are calculated at 8½ per cent on the average actual collections of the penultimate year and the two previous years from all such estates whether the property of Government or of recusant proprietors as are held direct, but not on collections from estates farmed or leased and Government place an allotment at the disposal of the Board in the form of a contract grant for a period of five years. (b) Improvement. - The grant for works of improvement in Government estates is fixed at 25 per cent of the net average collections from all classes of Government estates and estates held by Government owing to recusancy of the proprietors, whether held direct or leased or farmed after meeting management charges. In aboriginal areas another 5 per cent should in addition be allowed to be spent on education. (Revenue Department letter No. 15128-R, dated the 17th December 1948) Note. - In addition to the above grants to the Board and the Commissioner of the Bhagalpur Division, the following grants with which the Board has no concern, and which are not treated of further in this Manual are placed at the disposal of other authorities:- ### 1. A grant for the maintenance of hospitals and dispensaries in or near Government estates, calculated at 1 per cent on collections from Government estates of all description, including estates in the Santhal Parganas, placed at the disposal of the Inspector-General of Civil Hospital. In submitting proposals for the grant of contributions for the opening of new or the maintenance of existing dispensaries in or near Government estates, District Officers are required to furnish information on the following points.:- (1) the annual rental of the Government estates affected by the proposal; (2) the number of raiyats that will be benefited; (3) how far the proposed dispensary is from those already existing in the district, together with the names of those dispensaries; (4) what amounts, if any, have been raised from the public or from local bodies for the maintenance of the dispensary. Similar information should be submitted in the event of its being found desirable to increase the subscription already given from Government estates funds towards the maintenance of a dispensary. ### 2. Special grants at 1 and 1½ per cent, for education and communications respectively, in the Damin-i-koh Government estate in the Santhal Parganas. ### 128. Budget estimates. - The estimates of expenditure for management and improvement of Government estates are to be framed annually in the form under the budget head "7-Land Revenue Management of Government estates". Provision should be made under the sub-head "Collection of Revenue" for management expenses only and under the sub-head "Outlay on improvement" for improvement. A full explanation is to be given when the cost of management proper exceeds 8½ per cent of the estimated collections. For improvement the District Officers will state his estimated requirements according to his detailed programme. ### 129. Certain specific charges. - How to be provided and calculated. - (i) Provision for the cost of resettlement and revision of rent should be made under the sub-head "Collection of Revenue" provided such cost does not exceed 10 per cent on the ordinary charge of management in which case the cost should be included in the estimate under "Minor Settlement Operations". (ii) The charges in respect of certain properties in which the title of Government is not a proprietary one but subordinate to a private proprietor, the charges on account of construction, repairs or rent of khasmahal tahsil offices, inspection bungalows, collection sheds and quarters for establishment and those on account of Amins entertained at daily or contract rates for the performance of a definite work are to be treated as contingent expenditure, and provision for all these charges may be made under "Contingencies". It is only when Amins are temporarily employed on a monthly salary as members of an establishment sanctioned for a specified work that provision for them should be made under "Pay of establishment". The Khasmahal Forest Guards may be supplied with liveries on the same scale as allowed to the Forest Guards of the Forest Department, under Rule 47 at pages 55-59 of the Bihar and Orissa Forest Manual, Volume II, 1935. Provision for such charges may be made under 'Contingencies". (iii) The cost in the case of works of improvement of considerable magnitude, which are likely to take several months to complete should be divided between the estimates of two financial years so as to permit, of the work being begun towards the close of one year and finished during the hot weather at the beginning of the ensuing year. This will not apply to small works, such as wells, which can easily be begun and finished between the 1st April and the advent of the rainy season. (iv) The estimates for payment of the local cess to the District Fund and for its recovery from the tenants and farmers shall include the dues in respect of all estates whether the properties of Government or those of recusant proprietors and whether they are held under Government management or are let out in farm; and the estimates shall be calculated according to the principles laid down in Rules 82 and 83 of the Bihar Cess Manual, 1943. ### 130. Dates of submission of budget estimates. - The District Officers are responsible for the preparation of these budget estimates which should be submitted to the Commissioners of Divisions on or before the 1st September, each year and the Commissioner will forward them to the Board on or before the 15th September each year. The budget estimates under "Contingencies" and "Outlay on improvements" must be accompanied by an explanation sheet in the following form of which columns 5 and 6 should be left blank against the head of charge under "outlay on improvements":- \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| Heads of the charge \| Particulars of work \| Amount proposed to be spent on \| Remarks. In the case of works requiring administrative approval of an authority other than the Collector it should be stated whether administrative approval has been accorded \| \| Original work. \| Repairs \| Rent \| Contingencies. \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| 7 \| \| \| \| \| \| \| \| \| ### 131. Distribution of grants. - The improvement grant will be distributed by the Board each year in the month of April, to the various District Officers. Every effort should be made by the District Officer to fully utilise the grant so made. But if it is not found possible for any reason to spend the grant for a particular year on a particular scheme or in a particular estate Government may regrant the sum equal to the lapsed amount unless there be a special reason for not regranting it in the following financial year. (Revenue Department letter No. 15128-R, dated the 17th December, 1948). The management grant will also be distributed at the same time but on a contract basis. Full discretion as to the distribution and redistribution of these grants is left to Commissioners but the Board desires that as far as possible the contract system in regard to the management grant should be extended to districts also. ### 132. Expenditure not to be incurred in excess of allotment. - The allotment made to each Division must on no account be exceeded without the special sanction of the Board previously obtained. ### 133. District Officers not to anticipate sanction. - District Officers are strictly forbidden to undertake works of improvement in anticipation of sanction unless they have sufficient funds to meet the expenditure at their disposal out of the grant made by the Commissioner, such funds not being earmarked by order of the Commissioner or the Board for other specific works. To this Rule exception will be admitted only in the case of a sudden and unforeseen emergency, so urgent that there is no time to obtain prior sanction. Every such exceptional case should be reported as early as possible to the Commissioner, who will at once report to the Board, if the Divisional allotment is in danger of being exceeded. ### 134. Minimum for expenditure on agricultural experiments. - Commissioners are authorised to fix a minimum percentage of the funds for each district to be devoted to agricultural experiments. The fixing of a minimum need not, however, prevent its being reduced, if, for any special reason, a greater amount is required in any year for the other two heads (other agricultural improvement's and sanitary and miscellaneous improvements) than is left available. ### 135. Construction of wells. - In undertaking the construction of wells, the principles laid down by the Sanitary Board, Bengal, in their Circular No. 33, dated the 16th February, 1900, [reproduced in Appendix E (3) ] should be carefully observed. ### 135A. Maintenance of register of wells etc., in the Khasmahal Department of the Collectorate. - A register of wells, irrigation embankments, etc., bridges, markets, gardens, bandhs and tanks should be maintained in the Khasmahal Department of the Collectorate in the forms prescribed in Appendices (B) . 15 (A) to (E). ### 136. Improvements to be entered in prescribed registers. - To ensure better control and check over expenditure on improvements all expenditure and adjustments are to be shown in the prescribed registers 84 and 85 of the Register and Return Manual. ### 137. Registration of improvements. - Improvements effected in Government estates where the Bihar Tenancy Act, is in force should be duly registered under the Act. A report on this subject should be included in the Section of the Divisional Land Revenue Administration Report dealing with Tenancy Law. ### 138. Bills for contingent and establishment charges. - Separate contingent and establishment bills will be prepared in the forms prescribed by the Accountant-General for all charges against the grant for the management of Government estates. The requirements for contingencies will be drawn by all officers on detailed bills. No abstract contingent bills will be prepared. As these bills are received direct in the Accountant-General's Office from the Treasury where they are encashed, they are not required to be sent again to that office in any other form. ### 139. Payment of local cess in respect of estates held khas or let out in farm. - The amount due to the District Fund on account of local cess in respect of Government estates either held khas or let out in farm and of the estates of recusant proprietors, whether retained under Government management or let out in farm for a complete financial year, shall be transferred to the Fund in advance in a single instalment in the first month (April) of that year. If a private estate is taken over in the course of the financial year, no additional payment shall be made to the Fund, but the amount due for such estate for the portion of the year shall be added to the estimate of the next financial year and included in the advance payment (in April) for that year and the deduction on account of an estate released in the course of a year shall be similarly adjusted. ### 140. Repairs by Public Works Department officers to khasmahal channels. - Bills drawn by District officers for repairs to khasmahal channels conducted by Public Works Officers should never be paid in cash, but always by transfer to the credit of the Public Works Department, the receipts being shown by the Treasury Officer in the Schedule of unclassified items. ### 141. No reappropriation to be made by local officers. - Under the present budget and accounts system, the local officers cannot appropriate any sum allotted under one primary unit for expenditure to another primary unit without the sanction of the proper higher authorities. ### 142. Report of savings. - As the unspent balance of the allotment to a district lapses with the close of the financial year. The District Officers should exercise the greatest caution in their forecasts of the savings anticipated out of the allotment made to their districts under each detailed head, Primary unit, sub-head and minor heads, respectively, which should be reported to the Board by the 20th of February so that the amounts thus released may be utilised by the Board in meeting urgent demands of other districts where urgent works have been held up for want of funds, or surrender to Government for utilisation by other departments. ### 143. Kolhan Market Fund. - This fund has been closed with effect from the 1st April, 1937 and is now controlled by the Board. Receipts in connection with it are credited to provincial revenues under the head VII-Land Revenue and expenditure is brought to account under the head "T-Deposits and Advances". A block sum is provided under the head 7-Land Revenue for transfer by the Account General monthly on the basis of the months actuals to the deposit account to cover actual expenditure. As soon as the budget is finally passed the Board will allot the block sum to the Deputy Commissioner of Singhbhum who may incur expenditure under the Deposit head to the extent of the allotment so made. Any unspent balance lapses at the end of the financial year but if a sum in excess of the amount is required, the Deputy Commissioner must arrange to obtain through the Board extra funds either by re-appropriation or by means of a supplementary demand. The Deputy Commissioner shall maintain a proforma account in the form given in Appendix C (5) and shall send on or before the 7th April, each year three copies of the account to the Board and two copies of it direct to the Accountant General, Bihar with the request that the accounts may be verified and a copy of it may be transmitted after verification to the Board. On receipt from the Accountant-General, Bihar, of a copy of the said account duly verified, the Board will then transmit one copy of the account after due corrections, if necessary, to Government in the Revenue Department and another similarly corrected copy to the Finance Department of Government for information. A copy of the verified account will also be sent by the Board to Government and to the Accountant-General, Bihar, alongwith its Revised and Budget estimates. The actuals of the preceding years and the proposed estimates should be shown year by year. ### 144. Submission of quinquennial programmes of improvements by managers of estates. - The officer in charge of every Government estate, or group of estates, is required to submit to the Commissioner, annually before the 1st July, five years' programmes in the form prescribed in the next Rule of such agricultural, sanitary and miscellaneous improvements, including agricultural experiments, as are suited to the particular estates under his charge. The Commissioner shall submit annually before the 1st August, the quinquennial programme for khasmahal improvements in each district, to the Board for scrutiny and approval. The nature of these improvements is indicated below:- (a) Construction and maintenance of small irrigation facilities, such as storage reservoir, drainage scheme, etc. (b) Construction and maintenance of wells, both in or near fields for irrigation and drinking purposes. (c) Maintenance of public pasture lands. (d) Planting of fruit trees. (Paragraph 2 of Board's circular letter No. 8-6/13, dated the 4th December, 1947.] When a quinquennial programme has been submitted it will not be necessary to report in detail all the schemes in the succeeding years. A reference should be made to the programme already submitted, and a list of works should be added for the year which completes the quinquennium. A certain sum should be set apart each year for ordinary recurring expenditure on improvements including irrigation arrangements. (ii) As regards technical agency for execution of irrigation works, the general rule should be that in big khasmahals the khasmahals should maintain its own overseers. In small khasmahals, assistance of overseers of Irrigation Department or District Board should be enlisted. (Paragraph 2 of Board's circular letter No. 8-6/13, dated the 4th December, 1947.) Small Advisory Committees should be appointed in districts where there are large khasmahal areas to advise on improvement schemes. It will be for the Commissioner to decide the desirability of appointment of such an advisory Committee in a district. (Paragraph 4 the Board's circular letter No. 8-6/13 dated the 4th December 1947.) As regards repairs of bundhs' etc, village committees in selected areas may be set up to suggest suitable improvement schemes for their villages and to see that irrigation works are "hot neglected and that the villagers carry out petty earthwork repairs themselves. (Paragraph 6 of the Board's circular letter No. 8-6/13, dated the 4th December. 1947.) Where improvements in the form of irrigation are not needed provision should be made for the free supply of improved seeds, and artificial manure for experimental purposes. (Board's circular letter No.8-159/1, dated the 8th November, 1946.) ### 145. Commissioners to submit consolidated annual programmes of improvements. - Commissioners are required to submit to the Board, by the 1st December each year, a consolidated statement in the following form of the District Officer's programmes of agricultural, sanitary and miscellaneous improvements, including agricultural experiments which are to be undertaken in the following year. - \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| District and subdivision \| Nature of work. A-New works (i) Buildings.(ii) Roads.(iii) Irrigation.(iv) Wells.(v) Gardens.(vi) other works. B-Maintenance and Repair works. (i) Buildings.(ii) Roads.(iii) Irrigation(iv) Wells(v) Gardens.(iv) Other works C-Miscellaneous works. (i) Agriculture.(ii) Education in aboriginal area(iii) Other works. D-Miscellaneous improvements. (a) Original.(b) Repairs. \| Amount to be expended. \| Purpose for which the work is required and for whose benefit. \| Remarks \| \| 1 \| 2 \| 3 \| 4 \| 5 \| \| \| Note to column 4. - In this column it should be distinctly stated whether the work is for the maintenance of revenue or for increase of revenue. Note to column 5. - In this column it should be distinctly stated whether the schemes for improvements have been examined by the authorities mentioned in Rule 146, and if they have met with their approval. Any delay in obtaining sanction should 6e explained. ### 146. Important schemes for improvements. - Schemes for agricultural improvements and experiments should, if of the sufficient importance be submitted by Commissioners for examination by the Director of the Department of Agriculture, or if they relate to the improvement of cattle-breeding by the Animal Husbandry (Civil Veterinary) Department, through the Director of Agriculture or by the District Engineer or the Superintending Engineer, Public Health Circle, when they relate to engineering or sanitary works. After approval by these authorities they will be submitted for sanction to the Board of Revenue. The sanction of the Board is not required for expenditure on petty works, such as the maintenance of existing building, embankments etc., which do not require professional advice. Schemes are different from the programmes. Schemes included in the programmes should be submitted for examination, as required above, in sufficient time, if possible, to obtain sanction before they are entered in the programmes. ### 147. Applications for administrative sanction. - (i) Application for administrative approval must be made through the Commissioner to the Board for all schemes the cost of which exceeds Rs. 10,000. All such applications must be accompanied by the necessary plans and estimates prepared by the Executive Engineer or District Engineer, or Assistant Engineer of the Irrigation Department, when available and approved by the Superintending Engineer. The Board is empowered to accord administrative approval for projects estimated to cost not more than 1[Rs. 15,000]. When the estimated cost exceeds that amount the sanction of the local Government in the Revenue Department is necessary. No work of importance which has not thus been administratively approved should be entered in the consolidated annual programmes. (ii) Subject to the provision of funds, Commissioners are competent to sanction works of improvement, except works connected with residence, the cost of which does not exceed [Rs. 10,000] [Substituted by C.S.No. 3 dated 16.2.1954.] . For projects requiring professional skill, the plans and estimates should be prepared by the Executive Engineer or District Engineer, or Assistant Engineer of the Irrigation Department when available and submitted to the Superintending Engineer for approval. (iii) Subject to the provision of funds, Collectors are authorised to sanction works of improvement, except works connected with residence the cost of which does not exceed Rs. 5,000. For projects requiring professional skill, the plans and estimates should be prepared by the Executive Engineer or District Engineer or Assistant Engineer of the Irrigation Department when available and submitted to the Superintending Engineer for approval. ### 148. Applications for sanction to carry out agricultural experiments, the cost of which does not exceed Rs. 1,000 should be submitted by District Officers to the Commissioner through the Director of the Department of Agriculture. ### 149. Expenditure on improvements to be shown in Land Revenue Reports. - The expenditure under the different heads of improvement should be shown separately in the proper section of the annual Land Revenue reports submitted by Commissioners to the Board, and an explanation should be furnished of any failure to utilise to the full extent the amounts allotted. Commissioners should also discuss in the above reports to what annual programme of works has not been worked up to and the reasons therefor, and also what measures should be adopted to ensure its being carried out. ### 150. Advances on account of improvements. - Money may be drawn from the treasury in advance for works of improvement including the construction of and repairs to tahsil offices and quarters for establishment in Government estates. When works are executed departmentally or through villagers and their headmen, as in Palamau, the advance should cover the monthly requirements only, and any unexpended balance at the close of the month should be refunded to the treasury either in case or by deduction from the next bill, care being taken that no money is kept in hand after the 31st March. When contractors are employed they should not be granted any advance before the work is begun; they may be paid only up to 75 per cent of the value of the work actually done, or materials supplied or brought to site. Such advances should, however, be adjusted as early as possible and in no circumstances should they remain outstanding for more than a period of six months or after the close of the financial year whichever is earlier, except advances made in the Kolhan Government estate in Singhbhum, which, by special concession, are permitted to remain outstanding, if necessary, for one year. (i) The following additional instructions should also be observed in drawing advances from the treasury:- (i) No money should be withdrawn from the treasury unless it is required for immediate disbursement. It is not permissible to draw advances from the treasury either for works the completion of which is likely to take a considerable time or to prevent the lapse of budget grants. If owing to unforeseen circumstances money drawn in advance is not immediately needed, it should be refunded into the treasury until it is required. (ii) It will seldom be necessary to draw in a lump sum the whole amount estimated for a given work; payment by instalments will generally be found sufficient. (iii) On no account should money be drawn as an advance unless there is every reason to believe that the work for which it is required will be completed and paid for within the financial year. In the district of Palamau, it is permitted to advance money during the last three months of the financial year for works which have actually been started during the current year and are expected to be completed within the first three months of the next financial year. (iv) The drawing of balances about to lapse at the close of one financial year, with a view to spending them in the following year is contrary to the provisions of Rule 107 of the Bihar Budget Manual, 1950 and is highly irregular. (v) In order to minimise irregularities and unnecessary correspondence regarding these advances, a detailed account with vouchers showing the amounts actually disbursed during the month out of the advances drawn, should be submitted at the close of each month to the Accountant-General, for adjustment; and, as an additional check, quarterly return in the form given in Appendix C (6), showing advances outstanding for more than three months should be submitted to the Accountant General and to the Commissioner of the Division for their information. Note 1. - The period of adjustment of money drawn in advance for improvements in the Kolhan Government estate in Singhbhum may be extended, when necessary to a maximum period of one year, it being left to the Commissioner of Chota Nagpur to ensure in such manner as he deems proper that the concession is not abused and that the drawings from the treasury by the Deputy Commissioner, Singhbhum, are not in excess of immediate requirements. In no circumstances should advantage be taken of this special concession to draw in advance at the close of the year in order to prevent a lapse of grant, money which cannot be adjusted during the year or which is not required as a bona fide advance to contractors for works which have actually been started during the current year and are expected to be finished within a reasonable period from the commencement of the next financial year. Note 2. - The Rules given in Financial Rules Appendix 6 to the Bihar and Orissa Account Code and Rules 154-155, 175-181 and 183 of that Code should be followed as far as they are applicable when tahsil buildings and quarters for establishment in Government estates are constructed or repaired and works of improvement are executed through contractors. ### 151. Completion certificates for works executed by the khasmahal department. - Except in the case of construction of and repairs to buildings which must be checked by a Gazetted Officer, completion certificates should be signed by tahsildars and should also be countersigned by a Gazetted Officer whenever the latter has checked them. Countersignature by a Gazetted Officer should invariably be required when the amount spent on any work exceeds Rs. 500. In the Kolhan Government estate in Singhbhum the completion certificates may be at present, be signed by the Kolhan Superintendent. In the Santhal Parganas, all works are executed by the District board out of the Improvement grant placed at their disposal and the question of the completion certificates being signed by an officer of the Khasmahal staff does not arise. Note. - The word "tahsildars" in this Rule includes overseers and sub-overseers permanently attached to Government estates in Palamau, Gaya, Shahabad and Monghyr. ### 152. Rate of payment to District Boards for works done by their Engineering establishment. - The local Government in their resolution No. 6736-M, dated the 8th May, 1917, have approved the following rates for payment to District Boards for service rendered by their Engineering establishments in respect of khasmahals and temporarily settled estates managed by Government:- \| \| \| \| \| --- \| --- \| --- \| \| (i) \| For complete execution, including survey, detailed plans and estimates, working drawings, supervision and construction. \| ...15 \| \| (ii) \| For survey, detailed plans and estimates, working drawings and supervision only. \| ...7 \| \| (iii) \| For survey, detailed plans and estimates only \| ...3 ½ \| \| (iv) \| For working drawings and supervision only \| ...3 ½ \| \| (v) \| For construction only, the plans and estimates being supplied by Government. \| ...11 \| For sketch plans and rough estimates required for obtaining administrative sanction no fee shall be payable. The fact that the complete work is being undertaken by the District Board does not prevent the fees payable for survey and detailed plans and estimates being paid in advance on receipt of administrative approval and sanction to such plans and estimates, the balance for supervision and construction, etc., being paid later after the work has been approved by the Superintending Engineer or Inspector of Local Works but in no case shall the total fees payable exceed 15 per cent. The fees payable to the District Board are intended to cover all charges for- (a) Establishment of all kinds. (b) Travelling allowances. (c) Tools and plant. (d) Postage and stationery. (e) Printing of forms, etc. As soon as the necessary sanction has been accorded to the estimate, and orders have been issued to commence work, the necessary funds should be placed at the disposal of the District Board, together with the fees prescribed above. ### 153. District Board's discretion as to distribution of fees. - The District Board may, if it thinks fit, distribute the whole or any portion of the fees payable between the District Engineer, and its subordinate establishment. Provided that on any such distribution the amount paid to the District Engineer shall not exceed one-third of the amount payable to the District Board. Chapter VII Sale of Government Estate ------------------------------------------ ### 154. Proposal for sale. - The sale of Government estates requires the previous sanction of Government to which proposals will be submitted by the Collector through the Commissioner and the Board, full particulars being mentioned in the forms of statements A and B given in Appendix C.The Rules in this Chapter apply to the sale of the classes of interests including proprietary interest held by Government in estates or lands. Note. - Sale of raiyati lands (other than Khasmahal (lands) , purchased by Government in certificate and other sales in satisfaction of Government dues may be sanctioned by the Collector subject to his complying with the requirements of Rules 155-157 and 161 -166 of this Chapter. ### 155. Method of sale. - Sales will be held by the Collector in person and at the Collectorate unless the Commissioner directs otherwise in a particular case. Estates must be sold by public auction to the highest bidder above the upset price, and after advertisement. ### 156. Advertisements of sales. - The advertisements of sales will be in the prescribed Form, given in Appendix C (9) . If any condition not specified in the prescribed Form, is to be imposed on the purchaser of any estate or estates, the following addition will be made to the prescribed Form, "with the addition of the following condition etc. etc.". The advertisement is to be published in the Government Gazette and the Collector will forward it direct to the printer. But whenever any unusual condition is inserted, the Collector is to submit it to the Board through the Commissioner. The date of sale must be fixed at least a month later than the day on which the advertisement may probably appear in the Gazette. If possible, arrangements should be made for the sale to take place about the time for the payment of the Government revenue of the district. Collectors are not, however to publish advertisements for the sale of Government estates, in regard to which any objection against sale or claim to settlement has been made, until the period for appeal to the Board and one month more shall have expired. A copy of the advertisement, must in each case, simultaneously with its publication in the Gazette, be posted up at the office of the Collector's headquarters, also at that of the sub-division or sub-divisions in which the estate to be sold is situated, and, with the Judge's permission at the office of the nearest Munsif and on the estate. ### 157. Sale by private contract forbidden. - The sale of Government estates by contract has been strictly forbidden, except by way of compromise of a dispute as to title or when there are strong reasons for vesting the proprietorship in some particular person or persons. Such sales are to be dealt with under the Rules given in Chapter VIII. ### 158. Formation of lots. - Each estate will ordinary form one lot; but the Collector may include two or more petty estates in one lot, or may break up one estate into several lots. In the latter case separate tauzi numbers should be given to each lot and when, for the convenience of purchasers, an estate is thus split up, the total amount of the revenue assessed on the several lots should not be less than the original revenue or rental of the parent estate, or the reduced revenue assigned to it under the provisions of the next Rule. ### 159. Provisions regarding sale of estates free of revenue or with revenue. (1) Government estates, which yield a gross rental of less than one rupee will be sold revenue-free. (2) Government estate, which yield a gross rental of one rupee or more will be sold subject to the payment of revenue on the following principle:- The revenue will ordinarily be permanent and will ordinarily be fixed at the amount of the present rent, i.e., the rent actually payable without any deduction on account of collection charges, etc. If no offer is made for the estates on the above terms, the revenue may, with the previous sanction of Government, be reduced to 75 per cent of the rental. If this concession has the effect of reducing the revenue of the estate to less than one rupee the estate will not, however, be sold revenue free, but subject to the reduced revenue demand fixed in perpetuity. ### 160. Upset price. - The upset price of estates sold subject to the payment of revenue is to be ordinarily twice the amount of the revenue. When the revenue payable by an estate is reduced under the above rule, the upset price will remain unchanged at twice the amount of the revenue as it stood before such reduction. The upset price of estates to be sold free Of revenue should be thirty times the rental. In case no bidder is forthcoming when the property is offered for sale on these terms, the upset price may, with the previous sanction of Government, be reduced, but not to less than fifteen times the rental.The upset price, as determined by this Rule, will be announced by the Collector at the time of sale. ### 161. Payment of purchase money. - If the amount of the purchase money do not exceed Rs. 100, the whole amount is to be paid down at once. If the amount of the purchase money exceeds Rs. 100, one-fourth of the amount of the bid is to be deposited immediately and the balance by noon of the fifteenth day after the sale, reckoning day of sale as one or, if that day, be a close holiday then by noon of the first succeeding office day. If the bidder does not implement his bid by the deposit of the full amount, when the price does not exceed Rs. 100 or one-fourth of the bid when the price exceeds Rs. 100, the estate will be forthwith put up to sale again. ### 162. Default of purchaser. - In default of payment of the balance in the latter case within the prescribed period as aforesaid, the deposit shall be forfeited to Government and the estate may be resold at the risk of the defaulting purchaser after issue of advertisement as in the case of the original sale with the additional proviso that the resale shall be on account of and at the risk of the first purchaser, who has failed to fulfil his bid. If the proceeds of the resale be less than the price bid by the defaulting bidder aforesaid he shall have to make good the difference between the amount bid by him and the amount realised by the subsequent sale of the estate rendered necessary by his default. Should he fails to make good the difference within fifteen days from the date of resale calculated in the same manner as in the case of the original sale, the Collector must recover the difference by a civil suit. ### 163. Notice after sale. - Upon the sale of an estate the following notice is to be published by beat of drum, or in the manner in which such notices are usually published, at the Collector's office, and upon the estate itself:- Notice is hereby given to all whom it may concern that the rights and interests of Government in the estate of......................have been transferred to ................ from the...........................of 200...................corresponding with the ... ................of [Bengali, Fasli or Amli, according to the era current in the district.] No other notice to the tenantry, or to others, must be issued without the authority of the Board specially obtained. ### 164. Certificate of sale. - Upon the conclusion of a sale a certificate of sale in the prescribed Form given in Appendix C (10) will be delivered to the purchaser on stamped paper under Article 18, Schedule I-A, Indian Stamp Act II of 1899, the cost of the stamp being borne by the purchaser. ### 165. Engagement by purchaser. - At the time of delivery of the sale certificate an engagement in the appropriate prescribed Form given in Appendix A (12) will be taken from the purchaser on stamped paper under Article 5(c), Schedule I-A, Indian Stamp Act II of 1899, as amended up-to-date. ### 166. Reports of sale. - The result of every sale under this Chapter will be reported at once to the Commissioner for the information of the Board in the prescribed from as given in Appendix C(II) . Chapter VIII Alienation of Government Land ----------------------------------------------- ### 167. Definition of Alienation. - In this Chapter the expression 'alienation of Government land' means the transfer of such land, whether by private "sale", "lease or otherwise" to public bodies, associations or individuals; it does not include sales of Government land or estates the rules for which are contained in Chapter VII of this Manual, or leases or settlements of lands granted or made on behalf of Government as a landlord for agricultural or non agricultural purposes in accordance with the ordinary revenue law of the province, or according to the rules in Chapter II of the Manual or leases governed by the mining rules in the Board's Waste Lands Manual. Note (1) -The Rules in this Chapter apply to all classes of interests whether proprietary or not, held by Government in estates or lands. Note (2) -The Rules on the assignment or alienation of land revenue are contained in part II, Section VIII, of the Board's Tauzi Manual, 1923. ### 168. Power of State Government. - No authority subordinate to the State Government is empowered to sanction an alienation of Government land. ### 169. Credit of sale proceeds. - Whenever Government land is transferred by sale, whether by private treaty or auction either at full market rate or at some special rate, the sale proceeds must be credited to general revenues. ### 170. Conditions of grants. (1) In addition to any other conditions, which the circumstances of a particular case may demand or which may be settled in any particular case, all transfers of immovable property shall be made expressly on the following conditions:- (i) that the property shall be liable to be resumed by Government if it is not used, or ceases to be used for the specific purpose for which it is granted or if it is used for any other purpose either in addition to or in substitution for that purpose; (ii) that the property or such part of it as may be required shall be liable to be resumed by Government if it is required by them for any purpose declared to be a public purpose; and (iii) that should the property or any part of it be resumed by Government for a public purpose the compensation payable therefor shall not exceed the amount (if any) paid to Government for the grant plus the cost or the present value, whichever is less, of the buildings or other structures erected with the previous sanction of Government or other competent authority; and (iv) that if the property is resumed under the terms of the grant for a breach or non-observance of conditions of that grant, the grantee shall not be entitled to any compensation whatsoever for the land or for the buildings or other structures erected by him on the land, but he will be at liberty to remove the materials of any such buildings or structures within a specified time, failing which he shall cease to have any right to such buildings or structures or the materials thereof. (2) A model Form of agreement to be executed in respect of these grants is given in Appendix A (13). ### 170A. If Government lands are transferred to local bodies or other public bodies or institutions or private individuals for purposes such as markets, cart stands, tanks or similar objects which will or are likely to yield an income to those local bodies, institutions or private individual, the transfers should be subject to the payment to Government of a reasonable price or a reasonable annual revenue as the case may be. ### 171. Procedure in applications for grant, sale or lease to Municipalities, etc. (a) Proposals of Divisional Commissioners for the grant of sale or lease, whether on privileged terms or not of Government land to a local body or other public body or association should be submitted, with their opinion thereon, to the department of Government concerned together with a description of the object for which the land is required. Such applications should- (i) clearly specify the object and the terms and details of the proposed transfer; (ii) contain particulars as to the area, market value and estimated yearly rental of the land; (iii) be accompanied with a map showing the identity of the land; and (iv) state what department is in-charge of the land. The Government in the department concerned will decide whether the object specified in the application is one for which it is desirable to transfer the land to the applicant, either- (1) as a grant for a term of years, free of rent; (2) on lease, subject to payment of rent assessed at some privileged rate and on privileged conditions as to the fixity of the amount assessed. (3) on lease, subject to a full assessment of rent payable by the applicant, fixed for a term of years only; (4) by sale at full market value; or (5) by sale on favourable terms. (b) Proposals of Divisional Commissioners for the grant of lease of land to private individuals, free of rent, or at a reduced or nominal rent, or for the sale of land should similarly be submitted to Government in the department concerned, together with the particulars specified in clause (a) above. In either case, whenever the Department of Government which has received the application, deems it advisable that the grant, lease or sale should be effected, it will refer the case to the Revenue Department with the definite recommendations on the terms and conditions of the transfer. The Revenue Department will consult the Board or any department of Government affected as the case may be, and also the Finance Department. If it is decided to grant the application, the Revenue Department will issue, to the originating department making the reference, a memorandum stating the terms and conditions on which the transfer may be made. The department making the reference will forward this memorandum, with its own orders if any to the Commissioner. No officer of Government can take action on an order to alienate land or assign revenue which is unsupported by the memorandum of the Revenue Department, nor can he take action on any order, which is not in accordance with the terms of this memorandum issued by the Revenue Department. Note. - The Education Department may, without reference to the Revenue Department and Finance department, sanction the lease of land to school authorities for a period not exceeding thirty years and on the terms and conditions prescribed in the form of agreement approved by Government in their Notification No. 2832-E., dated the 7th July, 1926 (vide Appendix III, pages 420-426 of the Education Code, 1928), in cases where the land to be leased has been acquired by Government either wholly or partly at the cost of funds supplied by the school authority. In such cases the concurrence of the Revenue and Finance Department may be assumed and the orders by the Education Department will have the same force as the memorandum of the Revenue Department. (c) Whenever land or/and buildings appertaining to Government estates is/ are required by department of Government for public purposes, the necessary application should be made by the local officers to Government in the department concerned. (d) Where the land is in the charge of the Public Works Department, if the application is made to the Superintending Engineer he shall, if he recommends it submit to Government through the Commissioner of the Division. If the application is made to the Commissioner, he shall consult the Superintending Engineer before submitting proposals to Government. ### 172. Execution of deeds. - In exercise of the powers conferred by Article 299 of the Constitution of India, the Governor of Bihar has, in supersession of all existing orders, directed that the undermentioned classes of deeds, contracts and other instruments may be executed on his behalf as follows:- \| \| \| \| --- \| --- \| \| (1) \| Contracts and other instruments in matters connected with the lease of land- \| \| \| (a) \| If the lease be permanent \| By Collectors and deputy Commissioner. \| \| \| (b) \| If otherwise \| By Settlement Officers, Collectors, Deputy Commissioners and Sub-divisional Officers. \| \| (2) \| Contracts and other instruments in matters connected with the sale of Government land or with the lease or sale of Government buildings- \| \| \| (a) \| If the value or amount exceeds Rs. 500 \| By Collectors and Deputy Commissioners. \| \| \| (b) \| If otherwise \| By Joint Magistrates arid Sub-divisional Officers. \| \| (3) \| Contracts and other instruments \| By Collectors, Deputy Commissioners in matters connected with the Idase of ferries and Sub-divisional Officers. \| and fisheries and other benefits arising out of land.These orders do not in any way increase the existing powers of local officers to enter into agreements for the alienation of Government lands. They simply authorise such officers to sign such agreement as a ministerial act instead of forwarding the deeds for the signature of a Secretary to Government. ### 173. Annual Statement of alienation of Government land. (1) An annual statement of grant or leases of Government lands at concessional rates, or sales of such lands on favourable terms, to local bodies or other public bodies, educational or other public institutions or associations or individuals is required to be furnished in the prescribed Form as given in Appendix C(12) to the Accountant General, Bihar, for incorporation in his Annual Appropriation Accounts, not later the 1st September, following the close of the financial year to which the settlement relates. (2) The annual statement prepared in the prescribed form should be furnished to Government in the Revenue Department not later than the 1st week of May every year. (a) by the Board of Revenue in respect of the lands under the charge of the Collector; (b) by the Public Works Department in respect of the lands in their charge; (c) by the Education Department in respect of the lands which are acquired by Government at the cost of the school authorities and then leased out by that Department for a period not exceeding 30 years and on the terms and conditions referred to in the Note to rule 171. (3) The statements received from the officers mentioned in (2) above will be consolidated into one statement in the Revenue Department of Government together with the particulars of such further concessions, if any, granted during the year as it may be found necessary to include in the statement, before it is transmitted to the Accountant-General, by the prescribed date. Appendix A (1) General form of Lease for Town Khasmahals (See Rule 17) This Indenture made the....................day of.............between the Governor of Bihar (hereinafter called the lessor which expression shall, where the context so admits or implies, include his successors in office and assigns) of the one part and B..............son of..........(hereinafter called the lessee which expression shall, where the context so admits or implies include his heirs, executors, administrators, representatives and assigns) of the other part. Whereas the lessee has applied for permission to occupy for the purposes \(Here state succinctly the object of the tenancy, the lands and premises specified in the first part of the Schedule hereunder written) and has paid a sum of Rs ... as salami and whereas the said application has received the sanction of....... Now This Indenture Witnesseth that the lessor doth hereby demise unto the lessee all the lands and premises as specified in Part I of the Schedule with their appurtenances. To hold the same unto the lessee from the............day of............for the term of...........years yielding and paying therefor a clear yearly rent of Rs...............and the lessee hereby covenants with the lessor that he will perform and observe the terms and conditions set forth in the second part of the said Schedule. In Witness Whereof the said parties have hereunto set their hands and seal the day and the year first above written. Signed by- Signed by- \| \| \| --- \| \| CollectorDeputy Commissioner \| Lessee in the presence of for and on behalf of the Governor of Bihar, in the presence of The Schedule, above referred to Part I – Specification of the holding with the trees thereon. --------------------------------------------------------------- Name of block. Number of plot. Situation of plot. Boundaries of plot. Area of plot. Amount of rent assessed. Number of trees of each kind. Part II – Terms and conditions -------------------------------- \| \| \| --- \| \| 1. The lessee shall pay to the\| CollectorDeputy Commissioner\| of...............the said rent of Rs without any deduction in the following instalments:- \| Note: - When the total rent is below Rs. 5 it should be paid in one instalment on or before the 15th January. \| \| \| --- \| \| 2. Except with the previous sanction of the\| CollectorDeputy Commissioner\| in writing and on payment of a fee equal to 25 per cent of the yearly rental \| (provided that no such fee shall be less than Rupee 1 or more than Rupees 100), the lessee shall not transfer, assign, sublet or part with the possession of the said demised land and premises or any part thereof. Note 1. - In the case of succession by inheritance no fee as aforesaid shall be \| \| \| --- \| \| payable, the person succeeding shall apply forthwith to the\| CollectorDeputy Commissioner \| (or the Sub-divisional Officer), for mutation of names and such application shall bear the court-fee stamp prescribed by law. Note 2. - In case of leases for the Chaibasa Town Khasmahal Clause 2 may be substituted as follows:- Except with the previous sanction of the Deputy Commissioner in writing which he may refuse at his discretion, the lessee shall not transfer, assign, sublet or part with the possession of the demised land and premises or any part thereof or any building erected thereon: Provided that sanction to a transfer, assignment subletting or parting with possession, in favour of a person, who is not a Government servant of the same clause as the lessee, shall not be granted unless an offer of the said transfer, assignment, subletting or parting with possession, for a consideration approved or fixed as reasonable by the Deputy Commissioner, and in case of disagreement by the Commissioner of the Division whose decision shall be final, has been made in writing to all Government servants aforesaid and has not been accepted by any of them. The offer shall be made in such manner and remain open for such period as may be directed by the Deputy Commissioner: Provided further that the sanction aforesaid shall not be granted unless a fee of rupee one or 25 per cent of the yearly rental, whichever is higher, is paid to the Deputy Commissioner. In the case of succession by inheritance no fee as aforesaid shall be payable, the person succeeding shall apply forthwith to the Deputy Commissioner (or the Sub-divisional Officer) for mutation of names and such application shall bear the court-fee stamp prescribed by law. ### 3. The lessee shall not cut down or in any way injure any trees standing on the said demised premises at the date of lease without the previous permission in writing of the Collector/Deputy Commissioner. ### 4. The lessee shall make no excavation on the said demised premises other \| \| \| --- \| \| than as may be sanctioned by the\| CollectorDeputy Commissioner\| and shall not in any way diminish or in any other way injure, \| \| \| \| --- \| \| or make any permanent alteration upon , his holding without the written consent of the\| CollectorDeputy Commissioner \| ### 5. The lessee shall keep intact and well defined the boundaries of the said premises and shall from \| \| \| --- \| \| time to time when required by the\| CollectorDeputy Commissioner\| point these out to any officer or person duly authorised by him in writing to inspect them \| ### 6. In the event of the lessee failing to pay any instalment of rent on or before the date(s) herein fixed for such payment(s) such arrears shall without prejudice to any other right or remedy of the lessor carry interest at the rate of 6¼ per cent per annum from the date on which the same became payable until payment. ### 7. The lessee shall not erect any building or make any addition to, or any alteration in, or demolish or remove any building now or hereafter to be erected on \| \| \| --- \| \| the demised premises without the previous consent of the\| CollectorDeputy Commissioner\| in writing. The building shall be constructed \| in accordance with specification and plans to be approved before hand by the Collector/Deputy Commissioner. On breach of this condition the lessor may without prejudice to any other right or remedy require the lessee on one month's notice in writing to demolish any such building or addition and restore the altered premises to their former condition and the lessee shall not be entitled to any compensation whatsoever in respect thereof. ### 8. The lessee shall maintain all buildings whether standing on the demised premises at the time of the execution of the lease or erected during the currency of the lease in proper repair. ### 8A. [ The lessee shall not without the sanction of the Deputy Commissioner conduct or permit to be conducted on the land any trade or business whatsoever or use the land or permit the same to be used for any purpose other than that of a private dwelling house. Note. - A Khasmahal holding shall be deemed to be used for commercial purposes when it is utilised by the lessee for business with a capital out lay of Rs. 5000 and a monthly income of Rs. 300 and where other persons or assistants are employed or where a portion of the land or buildings is let out for business purposes.] \| \| \| --- \| \| 9. The\| CollectorDeputy Commissioner\| may cancel the lease, if the buildings are not completed within 12 \| \| \| \| --- \| \| months of the date on which it was executed or within such further time, if any, as the\| CollectorDeputy Commissioner\| may allow. On such cancellation \| \| \| \| --- \| \| the\| CollectorDeputy Commissioner\| may by notice in writing require the ex-lessee to \| remove within a reasonable time any buildings which may have been commenced and not completed or the materials which may have been collected on the land, and \| \| \| --- \| \| if he fails to comply with such notice the\| CollectorDeputy Commissioner\| after giving a \| further notice in writing specifying a time not less than one month from the date of service of the notice within which such buildings or materials shall be removed, may cause such removal to be effected and recover the cost from him. Note. - This clause should only be inserted in leases granted expressly for building purposes. ### 10. If the lessor at any time before the expiration of this lease is desirous for any public purpose of resuming possession of the said demised premises or any \| \| \| --- \| \| part thereof, and shall under the hand of the\| CollectorDeputy Commissioner\| serve notice of such desire on the lessee and shall tender him compensation \| for any building or other improvement which he may have erected or made with the written consent of \| \| \| --- \| \| the\| CollectorDeputy Commissioner\| or for any deterioration in the value of his holding \| caused by severance or for such other loss as to the Collector/Deputy Commissioner may seem equitable the lessee shall within three months from the date of receipt of the notice aforesaid vacate the said demised premises or such part thereof as is specified in the said notice. In case of disagreement as to the amount of the compensation aforesaid the matter shall be referred to the Commissioner whose decision shall be final. ### 11. The lessee shall pay all municipal and other local rates and taxes that may for the time being be assessed or charged upon the holding or the buildings erected thereon. ### 12. On breach or non-observance of any of the terms or conditions aforesaid \| \| \| --- \| \| the\| CollectorDeputy Commissioner\| may re-enter upon the said demised Poises and may determine this lease: \| Provided that in case of such re-entry and determination except on breach of the condition in clauses 2, 7 and 8, the lessee shall be entitled to compensation for standing crops and trees planted by him and for all buildings erected and other \| \| \| --- \| \| improvements made by him with the consent of the\| CollectorDeputy Commissioner\| the \| \| \| \| --- \| \| amount of such compensation to be fixed by the\| CollectorDeputy Commissioner\| whose decision shall be final and conclusive. \| ### 13. In the event of any breach or infringement of any of the conditions aforesaid the lessee shall, in addition and without prejudice to any other remedy of the lessor, be liable to a fine by way of liquidated damages a sum not exceeding Rs. 250 [to be imposed by Collector/Deputy Commissioner] [Substituted by C.S. No. 8 dated 21.10.1955.] , ### 14. [ If three months prior to the expiration of the said term the lessee shall notify the Collector/Deputy Commissioner that he is desirous of taking a new lease of the said premises and shall have duly observed and performed all the terms and conditions of this lease he shall on the expiry of the terms of this lease be entitled to an unlimited option of renewal of the lease of the said premises at an interval of every 30 years on the express condition that Government shall have the full right to increase the rate of rent not exceeding double the amount of the previous rent at every renewals but otherwise on the said terms and conditions and subject to the same covenants and agreements, including this covenant for renewal as are contained in this lease in the event of the lessee not taking a new lease as aforesaid on the expiry of the period of 30 years, the lessee shall not be entitled to any compensation for any buildings structures or improvements erected or made by him upon the said premises, nor shall be entitled to dismantle or remove any such buildings or structures and the Collector/Deputy Commissioner may re-enter on the said premises and take possession of the lands, buildings and structures which shall thereupon vest absolutely in the lessor. But if the lessee wants the lease to be renewed it would be renewed provided of course he had fulfilled the terms and conditions of the lease and was prepared to pay if so desired by Government higher rent within the limit specified above. If, however, Government wants to resume the land under clause 10 of the lease, they would have to pay compensation to the lessee as provided for under that clause. Note. - In exceptional cases in which there is a prospect of abnormal development the renewal clause will either have to be modified to suit local conditions or omitted altogether. All such cases shall be referred for the orders of Government.] (2) Lease for building sites along the Patna-Gaya Road (See Rule 17) This Indenture, made the....................day of..............between the Collector of Patna on behalf of the Governor of Bihar (hereinafter called the lessor which term unless there be anything repugnant in the context shall include his successors, representatives and assigns) and...............(hereinafter called the lessee which term, unless there be anything repugnant in the context, shall include his heirs, executors, administrators, representatives and assigns) of the other part. Whereas The lessee has applied for permission to occupy, for the purposes of his residence, the land specified in the first part of the Schedule here-under written and has paid a sum of Rs..................as salami and whereas the said application has received the sanction of the Governor of Bihar. Now this Indenture witnesseth that the lessor doth hereby grant and the lessee doth hereby accept a lease for the said purpose of the aforesaid parcel of land for a term of fifty years commencing from the...............day of.............. on and subject to the terms and conditions set forth in the second part of the said Schedule. In Witness Whereof the said parties have hereunto set their hands and seals the day and year first above written. Signed, sealed and delivered by the Collector of Patna acting in the premises for and on behalf of the Governor of Bihar. Signature of the Collector of Patna. in presence of Signed, sealed and delivered by the abovenamed Signature of lessee. in presence of The Schedule above referred to Part I – Specification of the holding with the trees thereon -------------------------------------------------------------- Name of block. Number of plot. Situation of plot. Boundaries of plot. Area of plot. Amount of rent assessed. Number of trees of each kind. Part II – Terms and conditions -------------------------------- ### 1. That the lessee shall pay annually to the Collector of Patna, (hereinafter called the Collector) as rent the sum of Rs...............at the rate of Rs. 240 per acre in two instalments, one half on the 1st of January and the remainder on the 1st July in each year. ### 2. That the lessee shall pay all rates, taxes and assessments imposed or assessed under any law for the time being in force upon the land or the building thereon or upon the landlord, tenant, occupier in respect thereof. ### 3. That within one year from the execution of the lease, the lessee shall begin and within two years from the said execution shall complete the building on the land of a house with all the necessary outhouses for his residence. ### 4. That the said house and outhouses with, if necessary, a compound wall shall be constructed in accordance with specification and plans to be approved beforehand by the Collector, and the rules hereto appended. ### 5. The lessee shall not without the previous consent of the Collector, erect or suffer to be erected on any part of the land any building or wall other than and except one main dwelling house with its outhouses and compound wall as covenanted above; and in particular shall not erect or suffer to be erected any building of a temporary nature or with a roof of inflammable material except for the purpose of constructing the said dwelling house and outhouses. ### 6. That the lessee shall not without the consent of the Collector carry on or permit to be carried on the land any trade or business whatsoever or use the land or permit the same to be used for any purpose other than that of a private dwelling house. [Note. - A Khasmahal holding shall be deemed to be used for commercial purposes when it is utilised by the lessee for business with a capital outlay of Rs. 5000 and a monthly income of Rs. 300 and where other persons or assistants are employed or where a portion of the land or building is let out for business purposes.] [Inserted by C.S. No. 4 dated 24.3.1954.] ### 7. That, should the buildings or any part thereof, be destroyed by natural causes or otherwise. Then within a period to be fixed by the Collector the lessee shall rebuild the same in accordance with the aforesaid plans and specifications or in accordance with such plans and specifications as may then be approved by the Collector. ### 8. That the lessee shall keep all buildings in proper repair and shall not make any external alterations in, or additions to, them without the previous consent of the Collector. ### 9. That the lessee shall in no way diminish or in any other way injure or make any permanent alteration in the land, without the consent of the Collector. ### 10. That the lessee shall demarcate and fence the land and keep intact and well-defined the boundaries thereof and shall, when required so to do, point out the said boundaries to any officer or person authorised by the Collector to inspect them. ### 11. That the lessee shall keep the land free from jungle and nuisance of all sorts. On his failure to do so, such jungle or other nuisance may be removed by the President of any Committee vested with any of the powers of a Municipalities over the land or in the absence of such a Committee by the Collector of Patna, and the expenditure incurred in and for the removal there of, shall be recovered from the lessee as an arrear of rent. ### 12. That the lessee shall strictly obey and comply with any rules framed by any such Committee as aforesaid or other competent authority regarding the drainage and sanitation of the land and shall carry out all requisitions of any such Committee or authority for that purpose. ### 13. That the lessee may enjoy the fruit of any trees standing on the land but without the previous consent of the Collector shall not cut down or injure any such tree which has not been planted by him, and that any such tree, not planted by the lessee which may fall or be cut down shall be at the disposal of Government. ### 14. That should the land leased or any portion thereof be at anytime required by the Government of Bihar for any purpose declared by Government to be a public purpose the Collector may resume and on giving three month's notice in writing may, through any officer or person authorised on that behalf, re-enter and take possession of the said land or portion thereof. The lessee shall there-upon be entitled to a reduction in the rent payable under the lease proportionate to the area taken by the Collector and shall be further entitled to compensation for standing crops and trees planted by him as well as for houses erected or other improvements made with the consent of the Collector on the land resumed, the amount of such compensation to be fixed by the Collector but in case of disagreement the matter shall be referred to the Commissioner whose decision shall be final. ### 15. That except with the previous consent of the Collector obtained in writing which consent shall be conditional on the payment to the Collector of a transfer fee of twenty-five per cent on the annual rent hereby reserved, the lessee shall not transfer by sale, mortgage, lease, assign or in any way whatsoever sublet or part with the possession of the said demised land and premises or any part thereof: Provided that no such transfer fee shall be less than one rupee or amount to more than one hundred rupees: Provided also that the lessee shall be entitled to sublet the land hereby demised or the premises built upon it without the consent of the Collector and without payment of any fee for a period not exceeding six months. ### 16. That the lessee shall allow to any officer or person duly authorised on that behalf by the Collector, access to the said land or houses at any hour between sunrise and sunset for the purposes of seeing that the aforesaid terms and conditions are duly observed. ### 17. That on breach or non-observance of any of the aforesaid terms or conditions the Collector may declare that the lease has determined and become void, that an order of the Collector declaring that there has been such a breach or non-observance shall be final and conclusive proof of such breach or non-observance as between the parties hereto, and that on the expiry of one month from the date of such order the Collector or any officer or person appointed on that behalf by Government shall be entitled to take possession of the land leased and buildings erected thereon: Provided that in case of such re-entry the lessee shall be entitled to compensation for standing crops and trees planted by him as well as houses erected and other improvements made with the consent of the Collector, the amount of such compensation to be fixed by the Collector whose decision shall be final, conclusive and binding on the lessee. ### 18. [ In the event of any breach or infringement of any of the conditions aforesaid the lessee shall, in addition and without prejudice to any other remedy of the lessor, be liable to a fine by way of liquidated damages a sum not exceeding Rs. 250 to be imposed by the Collector. Any fine so imposed shall be recoverable under the provisions of the Bihar and Orissa Public Demands Recovery Act, 1914] [Substituted by C. S. No. 8 dated 21.10.1955.] . ### 19. [ If three months prior to the expiration of the said term the lessee shall notify the Collector that he is desirous of taking a new lease of the said premises and shall have duly observed and performed all the terms and conditions of this lease he shall on the expiry of the terms of this lease be entitled to an unlimited option of renewal of the lease of the said premises at an interval of every 30 years on the express condition that Government shall have the full right to increase the rate of rent not exceeding double the amount of the previous rent at every renewals but otherwise on the said terms and conditions and subject to the same convenants and agreements, including this convenant for renewal as are contained in this lease. In the event of this lessee not taking a new lease as aforesaid on the expiry of the period of 30 years, the lessee shall not be entitled to any compensation for any buildings structures or improvements erected or made by him upon the said premises, nor shall be entitled to dismantle or remove any such building, or structures and the Collector may re-enter on the said premises and take possession of the lands, buildings and structures which shall thereupon vest absolutely in the lessor. But if the lessee wants the lease to be renewed it would be renewed provided of course he had fulfilled the terms and conditions of the lease and was prepared to pay if so desired by Government higher rent within the limit specified above. If, however, Government wants to resume the land under clause 14 of the lease, they would have to pay compensation to the lessee as provided for under that clause. Note. - In exceptional cases in which there is a prospect of abnormal development the renewal clause will either have to be modified to suit local conditions or omitted altogether. All such cases shall be referred for the orders of Government.] (3) Standard Form of lease for Monghyr Town Khasmahal (See Rule 17) This Indenture made the.........................day of............between the Governor of Bihar (hereinafter called the lesssor which expression shall, where the context so admits or implies, include his successors in office and assigns) of the one part and B..............son of (hereinafter called the lessee which expression shall, where the context so admits or implies, include his heirs, executors, administrators, representatives and assigns) of the other part. Whereas The lessee has applied for permission to occupy for the purposes (Here state succinctly the object of the tenancy.) the lands and premises specified in the first part of Schedule hereunder written and has paid a sum of Rs as salami, and whereas the said application has received the sanction of. Now This Indenture witnesseth that the lessor doth hereby demise unto the lessee all the lands [and premises] as specified in Part I of the Schedule [with their appurtenance]. To hold the same unto the lessee from the day of............. for the term of..................years yielding and paying therefor a clear yearly rent of Rs.............and the lessee hereby covenants with the lessor that he will perform and observe the terms and conditions set forth in the second part of the said Schedule. In Witness Whereof the said parties have hereunto set forth their hands and seal the day and year first above written. Strike off if not necessary. Signed by- the Lessee, in the presence of- Signed by- Collector, for and on behalf of Governor of Bihar in the presence of- The Schedule above referred to Part I – . - Specification of the holding with the trees thereon. ------------------------------------------------------------------- Name of Block. Number of plot. Situation of plot. Boundaries of plot. Area of plot. Amount of rent assessed. Number of trees of each kind. Part II – . - Terms and Conditions ------------------------------------ ### 1. The lessee shall pay to the Collector of.............the said rent of Rs. ............without any deduction in the following instalments:- Note. - When the rent is below Rs. 5, it should be paid in one instalment on or before 15th January. ### 2. Except with the previous sanction of the Collector in writing and on payment of Rs................the lessee shall not transfer, assign, sublet or part with the possession of the said demised land and premises or any part thereof. Note. - The transfer fee to be entered in the lease should be one year's rental, subject to a maximum of Rs. 100 and to a minimum of Rs. 10 in all cases except "A' class lands in the Military Bazaar where the minimum should be Rs. 15. In the case of succession by inheritance or by will no fee as aforesaid shall be payable, the person succeeding shall apply forthwith to the Collector for mutation of names and such application shall bear the court-fee stamp prescribed by law. ### 3. The lessee shall not cut down or in any way injure any tree standing on the said demised premises at the date of lease without the previous permission in writing of the Collector. ### 4. Without the previous consent of the Collector in writing the lessee shall not make any excavation on the said demised premises and shall not in any way diminish or in any way injure, or make any permanent alteration upon his holding. ### 5. The lessee shall keep intact and well defined the boundaries of the said-premises and shall from time to time when required by the Collector point these out to any officer or person duly authorised by him in writing to inspect them. ### 6. In the event of the lessee failing to pay any instalment of rent on or before the dates herein fixed for such payments, such arrears shall without prejudice to any other right or remedy of the lessor carry interest at the rate of 6¼ percent per annum from the date on which the same become payable until payment. ### 7. The lessee shall, within one year from the execution of the lease, begin constructing a residential building or structure of a permanent nature on the land in accordance with a plan previously sanctioned by the Collector in writing and within two years from the said execution or within such further time if any, as the Collector may allow in writing, shall complete the said construction and shall not erect any building or structure or make any addition to or any alteration in or demolish or remove any building or structure now erected or hereafter to be erect any building or structure or make any addition to or any alteration in or demolish or remove any building or structure now erected or hereafter to be erected on the demised premises without the previous consent of the Collector in writing. On breach of this condition the Collector may cancel the lease and without prejudice to any other right or remedy of the lessor may require the lessee by notice in writing to demolish any such building or structure or addition which may have been completed or commenced or any building standing on the land demised and to remove within three months from the date of the service of notice the materials thereof and any materials which may have been collected on the land and to restore the altered premises to their former condition, and if the lessee fails to comply with such notice, the Collector, after giving a further notice in writing, specifying a time not less than one month from the date of the service of the notice within which such building or structure shall be demolished and such materials shall be removed may cause such buildings or structures to be demolished and such materials to be removed and may recover the cost of such demolition and removal from the lessee. The lessee shall not be entitled to any compensation whatsoever in respect thereof. ### 8. The lessee shall maintain all building whether standing on the demised premises at the time of the execution of the lease or erected during the currency of the lease in proper repair. ### 8A. [ The lessee shall not without the consent of the Collector conduct or permit to be conducted on the land any trade or business whatsoever or use the land or permit the same to be used for any purpose other than that of a private dwelling house.] [Inserted by C.S No. 4 dated 24.3.1954.] Note. - A Khasmahal holding shall be deemed to be used for commercial purposes when it is utilised by the lessee for business with a capital outlay of Rs. 5,000 and a monthly income of Rs. 300 and where other persons or assistants are employed or where a portion of the land or building is lot out for business purposes: ### 9. Without the previous sanction of the Collector obtained in writing the lessee shall not use the land or any building or other structure on the land, nor shall he permit the same to be used as a temple or place of religious worship or observance, nor shall he permit the public or any person to use the land demised for the purpose of religious worship or observance. In the event of any breach of this condition of the lease the Collector without prejudice to any other right or remedy of the lessor may re-enter upon the said demised premises and may determine the lease. On such re-entry and determination, notwithstanding anything contained in clause 12, the lessee shall not be entitled to any compensation whatever for any building, structures or improvements and all such buildings, structures and improvements shall vest absolutely in the lessor. Note. - If it is proposed to permit the continuance of an existing Use for religious worship or observance insert the following proviso:- "Provided that nothing in this clause shall apply to the use for the purpose of religious worship or observance of the building specified in Part III of the Schedule." ### 10. If the lessor at any time before the expiration of this lease is desirous for any public purpose of resuming possession of the said demised premises or any part thereof, and shall under the hand of the Collector serve notice of such desire on the lessee and shall tender him compensation for any building on the land demised or part thereof on the date of the execution of this lease and for any building or improvement which he may have erected or made with the written consent of the Collector or for any deterioration in the value of his holding caused by severance or for such other loss as to the Collector may seem equitable, the lessee shall within three months of the date of receipt of the notice aforesaid vacate the said demised premises or such part thereof as is specified in the said notice. In the case of disagreement as to the amount of the compensation aforesaid the matter shall be referred to the Commissioner whose decision shall be final. ### 11. The lessee shall pay all municipal and other local rates and taxes that may for the time being be assessed or charged upon the holding or the building erected thereon, whether the same be payable by the landlord, tenant, owner or occupier in respect thereof. ### 12. On breach or non-observance of any of the terms or conditions aforesaid the Collector may determine this lease and may re-enter upon the said demised premises: Provided that in case of such determination and re-entry except on breach of the conditions in clauses 2, 7, 8 and 9, the lessee shall be entitled to compensation for standing crops and trees planted by him and for all buildings erected and other improvements made by him with the consent of the Collector, the amount of such compensation to be fixed by the Collector whose decision shall be final and conclusive. ### 13. In the event of any breach or infringement of any of the terms or the conditions of this lease the lessee shall, in addition to and without prejudice to any other remedy of the lessor, be liable to a penalty by way of liquidated damages to be imposed by the Collector at his discretion, but not exceeding a sum of Rs. 250. ### 14. All sums of money, including rent, costs, penalties and damages payable by the lessee to the lessor under the terms of this lease shall be recoverable from the lessee as a public demand. ### 15. [ If three months prior to the expiration of the said term the lessee shall notify the Collector that he is desirous of taking a new lease of the said premises and shall have duly observed and performed all the terms and conditions of this lease he shall on the expiry of the term of this lease be entitled to an unlimited option of renewal of the lease of the said premises at an interval of every 30 years on the express condition that Government shall have the full right to increase the rate of rent not exceeding double the amount of the previous rent at every renewals but otherwise on the said terms and conditions and subject to the same covenants and agreements, including this covenant for renewal as are contained in this lease. In the event of the lessee not taking a new lease as aforesaid on the expiry of the period of 30 years, the lessee shall not be entitled to any compensation for any buildings, structures of improvements erected or made by him upon the said premises, nor shall be entitled to dismantle or remove any such buildings or structures and the Collector may re-enter on the said premises and take possession of the lands, buildings and structures which shall thereupon vest absolutely in the lessor. But if the lessee wants the lease to be renewed it would be renewed provided of course he had fulfilled the terms and conditions of the lease, and was prepared to pay if so desired by Government higher rent within the limit specified above. If, however, Government wants to resume the land under clause 10 of the lease, they would have to pay compensation to the lessee as provided for under that clause. Note. - In exceptional cases in which there is a prospect of abnormal development the renewal clause will either have to be modified to suit local conditions or omitted altogether. All such cases shall be referred for the orders of Government.] Part III – List of buildings and other structures existing on the land hereby demised of which the use for the purpose of religious worship or observance is permitted. ------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Note. - If there is no such building, the word "None" should be entered and signed by both parties. (4) Lease for building sites in the Tatanagar Khasmahal. (See Rule 17) This Indenture, made the....................day of.............between the Deputy Commissioner of Singhbhum on behalf of the Governor of Bihar (hereinafter called the lessor, which term unless there be anything repugnant in the context shall include his successors, representatives and assigns) and (hereinafter called the lessee which term, unless there be anything repugnant in the context, shall include his heirs, executors, administrators, representatives and assigns) of the other part. Whereas the lessee has applied for and received from the lessor permission to occupy, for the purposes of his residence, the land specified in the first part of the Schedule hereunder written and has paid a salami of Rs.............. Now This Indenture witnesseth that the lessor doth hereby grant and the lessee doth hereby accept a tease for the said purpose of the aforesaid parcel of land for a term of thirty years commencing from the.............day of.......... on and subject to the terms and conditions set forth in the 2nd part of the said Schedule. In Witness Whereof the said parties have hereunto set their hands and seals the day and year first above written. Signed, sealed and delivered by the Deputy Commissioner of Singhbhum acting in the premises for and on behalf of the Governor of Bihar. Deputy Commissioner, Singhbhum. In the presence of.............. Signature of lessee. In the presence of.............. The Schedule above referred to Part I – . - Specification of the holding with the trees thereon. ------------------------------------------------------------------- Name of block. Number of plot. Situation of plot. Boundaries of plot. Number of trees of each kind. Part II – . - Terms and Conditions ------------------------------------ ### 1. That the lessee shall pay annually to the Deputy Commissioner of Signbhum (hereinafter called the Deputy Commissioner) as rent the sum of Rs.............at the rate of Rs............per local bigha in two instalments, one half on the 15th of January and the remainder on the 15th July, in each year. ### 2. That the lessee shall pay all rates, taxes and assessments imposed or assessed under any law for the time being in force upon the land or the building thereon or upon the landlord, tenant, occupier in respect thereof. ### 3. That within one year from the execution of the lease the lessee shall begin and within two years from the said execution shall complete the building on the land of a house with all the necessary out-houses for his residence. ### 4. That the said house and outhouses with, if necessary, a compound wall shall be constructed in accordance with specification and plans to be approved beforehand by the Deputy Commissioner, and the rules hereto appended. ### 5. That the lessee shall not, without the previous consent of the Deputy Commissioner erect or suffer to be erected on any part of the land any building or wall other than and except one main dwelling house with its outhouses and compound wall as covenanted above; and in particular shall not erect or suffer to be erected any building of a temporary nature or with a roof of inflammable material except for the purpose of constructing the said dwelling house and out-houses. ### 6. That the lessee shall not without the sanction of the Deputy Commissioner conduct or permit to be conducted on the land any trade or business whatsoever or use the land or permit the same to be used for any purpose other than that of a private dwelling house. [Note. - A Khasmahal holding shall be deemed to be used for commercial purposes when it is utilised by the lessee for business with a capital outlay of Rs. 5,000 and a monthly income of Rs. 300 and where other persons or assistants are employed or where a portion of the land or building is let out for business purposes.] [Inserted by C.S. No. 4 dated 24.3.1954.] ### 7. That should the building or any part thereof, be destroyed by natural causes or otherwise than within a period to be fixed by the Deputy Commissioner the lessee shall re-build the same in accordance with the aforesaid plans and specifications or in accordance with such plans and specifications as may then be approved by the Deputy Commissioner. ### 8. That the lessee shall keep all buildings in proper repair and shall not make any external alterations in or additions to them without the previous consent of the Deputy Commissioner. ### 9. That the lessee shall in no way diminish or in any other way injure or make any permanent alteration in the land without the consent of the Deputy Commissioner. ### 10. That the lessee shall demarcate and fence the land and keep intact and well defined the boundaries thereof and shall when required so to do, point out the said boundaries to any officer or person authorised by the Deputy Commissioner to inspect them. ### 11. That the lessee shall keep the land free from jungle and nuisances of all sorts. On his failure to do so, such jungle or other nuisance may be removed by the president of any committee vested with and of the powers of a municipality over the land or in the absence of such a committee by the Deputy Commissioner of Singhbhum and the expenditure incurred in and or the removal thereof, shall be recovered from the lessee as an arrear of rent. ### 12. That the lessee shall strictly obey and comply with any rules framed by any such committee as aforesaid or other competent authority regarding the drainage and sanitation of the land and shall carry out all requisitions of any such committee or authority for that purpose. ### 13. That the lessee may enjoy the fruit of any tree standing on the land but without the previous consent of the Deputy Commissioner shall not cut down or injure any such tree which has not been planted by him and that any such tree not planted by the lessee which may fall or be cut down shall be at the disposal of Government. ### 14. That should the land leased or any portion thereof be at any time required by the Government of Bihar for any purpose declared by Government to be a public purpose the Deputy Commissioner may resume and on giving three months notice in writing may through any officer or person authorised on that behalf, re-enter and take possession of the said land or portion thereof. The lessee shall thereupon be entitled to a deduction in the rent payable under the lease proportionate to the area taken by the Deputy Commissioner and shall be further entitled to compensation for standing crops and trees planted by him as well as for houses erected or other improvements made with the consent of the Deputy Commissioner on the land resumed as also a further compensation for the diminution in the value or utility of the building (or premises) if any, due to such acquisition, the amount of such compensation to be fixed by the Deputy Commissioner but in case of disagreement the matter shall be referred to the Commissioner whose decision shall be final. ### 15. That the lessee shall not mortgage or otherwise transfer, assign or sublet a part of the demised land but the lessee may with the previous sanction of the Deputy Commissioner sell or mortgage the whole holding. Such sanction will be conditional on payment to the Deputy Commissioner of a transfer fee of Rs. 25 per cent of the annual rental payable in respect of the land and will not be withheld except on public grounds to be recorded in writing. The lessee may not grant a sublease of the land or the house thereon for period which could in any event exceed six months without the previous sanction of the Deputy Commissioner who may give or withhold such sanction at his discretion. ### 16. That the lessee shall allow to any officer or person duly authorised on that behalf by the Deputy Commissioner, access to the said land or houses at any hour between sunrise and sunset for the purposes of seeing that the aforesaid terms and conditions are duly observed. ### 17. That on breach or non-observance of any of the aforesaid terms and conditions the Deputy Commissioner may declare that the lease has determined and become void, that an order of the Deputy Commissioner declaring that there has been such a breach or non-observance shall be final and conclusive proof of such breach or non-observance as between the parties hereto unless set aside by the Divisional Commissioner whose decision in the matter shall be final and that on the expiry of one month from the date of such order the Deputy Commissioner or any officer or person appointed on that behalf by Government shall be entitled to take possession of the land leased and buildings erected thereon: Provided that in case of such re-entry the lessee shall be entitled to compensation for standing crops and trees planted by him as well as houses erected and other improvements made with the consent of the Deputy Commissioner, the amount of such compensation to be fixed by the Deputy Commissioner whose decision shall be final, conclusive and binding on the lessee unless set aside by the Divisional Commissioner whose decision in the matter shall be final. ### 18. [ In the event of any breach or infringement of any conditions aforesaid the lessee shall, in addition and without prejudice to any other remedy of the lessors, be liable to a fine by way of liquidated damages a sum not exceeding Rs. 250 to be imposed by the Deputy Commissioner. Any fine so imposed shall be recoverable under the provisions of the Bihar and Orissa Public Demands Recovery Act, 1914.] [Substituted by C.S. No. 8 dated 21.10.1955.] ### 19. [ If three months prior to the expiration of the said term the lessee shall notify the Deputy Commissioner that he is desirous of taking a new lease of the said premises and shall have duly observed and performed all the terms and conditions of this lease he shall on the expiry of the term of this lease be entitled to an unlimited option of renewal of the lease of the said premises at an interval of every 30 years on the express conditions that Government shall have the full right to increase the rate or rent not exceeding double the amount of the previous rent at every renewals but otherwise on the said terms and conditions and subject to the same covenants and agreements, including this covenant for renewal as are contained in this lease. In the event of the lessee not taking a new lease as aforesaid on the expiry of the period of 30 years, the lessee shall not be entitled to any compensation for any buildings, structures or improvements erected or made by him upon the said premises, nor shall be entitled to dismantle or remove any such buildings or structures and the Deputy Commissioner may re-enter on the said premises and take possession of the lands, buildings and structures which shall thereupon vest absolutely in the lessor. But if the lessee wants the lease to be renewed it would be renewed provided of course he had fulfilled the terms and conditions of the lease, and was prepared to pay if so desired by Government higher rent within the limit specified above. If, however, Government wants to resume the land under clause 14 of the lease, they would have to pay compensation to the lessee as provided for under that clause. Note. - In exceptional cases in which there is a prospect of abnormal development the renewal clause will either have to be modified to suit local conditions or omitted altogether. All such cases shall be referred for the orders of Government.] (5) Model Kabuliyat Form for General use in Char or Diara Estates (See Rule 24) Whereas the Collector of the district of..............on behalf of Governor of Bihar has leased to me for a period of................years...............months...... \| \| \| --- \| \| days from....................to...............on the following conditions the\| chardiara\| land specified at the foot of this agreement situated in \| mauza.................thana ............thana no................and sub-registry and permitted me to occupy the same for the purpose of cultivation. I.............son of.................resident of mauza....................thana..............thana no.............and sub..............., by caste.............by occupation, ............do hereby on my part execute this Agreement binding myself, my heirs and my representatives as follows:- ### 1. That I shall pay the rent annually to the Collector for the abovementioned holding according to the following Agreement and rate:- \| \| \| --- \| \| I.- The rent shall be...................annas Per\| standard bighabigha of/haths/laggi\| land specified at the foot of this agreement situated in \| so long as the land remains sandy and unfit for cultivation in the judgement of the Collector, whose decision shall be final. II. - The rent shall be Rs............per bigha when the land becomes fit for rainchi in the judgement of the Collector, whose decision shall be final. III. - The rent shall be Rs............per bigha when the land becomes fit to grow barley in the judgement of the Collector, whose decision shall be final. IV. - The rent shall be Rs............per bigha when the land becomes fit to grow wheat in the judgement of the Collector, whose decision shall be final. V. - I shall be bound to inform the Collector when the land becomes fit for cultivation, and the order of the Collector declaring what rate of rent shall be payable in any year shall be final. ### 2. That I shall cultivate the land myself or by my own servants or by hired labourers under my supervision. ### 3. That, subject to the provisions of the Bihar Tenancy Act, I shall not at any time during currency of the lease or thereafter transfer or bequeath or otherwise alienate or encumber the holding or any portion thereof without the sanction of the Collector. ### 4. That I shall nor have any co-sharer in the holding nor shall I sublet it otherwise than in accordance with the provisions of the Bihar Tenancy Act. ### 5. That I shall not erect any buildings other than a dwelling house, for myself and my family with necessary out-offices, without the previous written consent of the Collector. ### 6. That I shall not use the land in any manner which would materially impair its value or render it unfit for the purpose of the tenancy without the previous written consent of the Collector. ### 7. That I shall be liable to pay additional rent for all land in my possession found by measurement to be in excess of the area for which rent is paid at such rates as may be determined by the Collector. ### 8. That I shall not permit the cattle of other persons to graze on the land without the sanction of the Collector in writing previously obtained. ### 9. That I shall keep intact and well defined the boundaries of the holding hereby settled with me and shall point them out when required to do so by the Collector to any officer authorised or deputed by him. ### 10. That in the event of my not paying any instalment of the rent on or before the date fixed for such payment, I shall pay interest on such arrears in addition to the amount of such arrears at the rate of 6¼ per cent per annum from the expiration of that quarter of the agricultural year in which the instalment falls due to the date of payment, and shall also be liable to notice to quit and to ejectment as provided in the Bihar Tenancy Act of 1885. Specification of Land District............Sub-division .................Name of village..........................Pargana...............Survey No............of Village..............Thana.............Tauzi no...............Char or diara estate............. (Name) Description of land \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| Serial no. of plots. \| Survey no. (if any) of plot \| Boundaries on four sides\ \| Area \| Date \| Jama \| Remarks (About position and number of trees, etc.) \| Explained in vernacular to the Executant Clerk. \| \| \| \| \| B.k.d. \| \| Rs.p. \| \| \| \| \| \| North.... \| \| \| \| \| \| \| \| \| South.... \| \| \| \| \| \| \| \| \| East.... \| \| \| \| \| \| \| \| \| West.... \| \| \| \| \| \| \| \| \| \| \| \| \| \| Written by Clerk. \| \* If thought necessary by the Collector. \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \Paise. \| \| Insalment- \| 1st \| ... \| 15th May \| ... \| 25 \| \| " \| 2nd \| ... \| 15th October \| ... \| 25 \| \| " \| 3rd \| ... \| 1st February \| ... \| 50 \| \| Dated the \| \| \| 200... \| \| \| (6) Form of agreement prescribed for use by the District Committee, Municipality, Pleaders or Mukhtars for building erected by them on Government land. (See Rule 27) An Agreement made the....................day of.............200........................Between the Governor of Bihar of the one part and..............hereinafter called the licensees of the other part. Whereas the licensees have applied for permission to erect a building for the accommodation of...............upon the Government land in the vicinity of.. as shown in the accompanying site plan to which the Governor of Bihar has consented upon the terms following : It is hereby agreed and declared as follows:- Firstly. - That plans of the proposed building shall first be approved by Government before construction is commenced and shall form an annexure to the agreement and that the building shall be completed in accordance with such plans. No alterations or additions shall be made to the building without the previous sanction of Government. Secondly. - That the licensees shall complete the said building within \months failing which the Government will be entitled to take the possession of the land with any building thereon without payment of any compensation. \The time allowed for completion will be determined by the Superintending Engineer or Inspector of Works of the Circle. Thirdly. - That the Licensees shall maintain the said building in proper repair and that the Licensees shall at all times without objection make such repairs to the said building as the Magistrate or Deputy Commissioner of the District or the Commissioner of the Division may by letter under his signature require to be made. Fourthly. - That the Licensees shall not without the permission of Government in the Public Works Department devote the said building to any other purpose than for that which its erection is now permitted, that is to say, the accommodation of...........and that the Licensees shall not lease out or otherwise dispose of the whole or any portion of the building to be erected. If the Licensees break either of the above conditions Government shall be entitled at any time after such breach of conditions to require the Licensees to relinquish the entire building and site on one month's notice and the Licensees shall relinquish the same and the Licensees shall have no claim to any compensation whatever. Fifthly. - That if the Licensees shall for three months after receipt thereof fail to comply with a requisition to repair the said building made by The Magistrate or Deputy Commissioner of the district or the Commissioner of the Division in the manner aforesaid or the Licensees shall without the aforesaid permission of Government devote the said building to any other purpose than that for which erection is now permitted or if for the space of six months the said building shall not be used for the said purpose then the said building shall become absolutely and entirely the property of Government and the Licensees shall not be entitled to any compensation in respect thereof. Sixthly. - That the Licensees shall not by reason of being allowed to erect the said building on the said Government land acquire or be entitled to any right or interest whatever in the soil or ground upon which such building is erected save and except the right to enjoy and use the said building subject to conditions of this agreement. Seventhly. - That the Licensees shall without objection pay all taxes chargeable upon the said building and the land on which the aforesaid building stands when erected whether such taxes be leviable by law upon either landlord or tenant. Eighthly. - That if Government require the said building whilst in the Licensees' use and enjoyment the Licensees shall without objection comply with such requisition within six months after receipt of a notice to the effect and shall only be entitled to receive the value of the building at the time (such value to be assessed by the Superintending Engineer or the Inspector of Works of the Circle or the cost of the erection thereof whichever shall be less but no further compensation whatsoever. If the Licensees fail to comply punctually with a requisition mentioned in the preceding paragraph the said building shall become absolutely the property of Government and the Licensees shall not be entitled to either value or cost mentioned in the said paragraph. (7) Lease to Shopkeepers (See Rule 29) An Agreement made the...................day of............Between......... (hereinafter called the "lessee" which term unless repugnant to the context shall include his successors and assigns) of the one part and the Governor of Bihar (which term unless repugnant to the context shall include his successors and assigns) of the other part. Note. - The lease should be registered. Whereas the lessee has applied for lease to erect a building for a shop for the sale of..........upon the land belonging to the State Government described in the Schedule hereto and whereas such leave to erect such building upon the said land for the said purpose has been granted by the Governor of Bihar. Now it is hereby mutually agreed by and between the parties hereto as follows: First. - That the lessee shall construct the said building within ..........months and occupy the land on which the said building stands for the said purpose for a period of............year, commencing from ............... Secondly. - That the lessee shall not transfer the lease or sublet the land or building except with the sanction of the Collector in writing. Thirdly. - That the lessee shall maintain the said building in proper repair, and that the lessee shall at all times without objection make such repairs to the said building as the Superintending Engineer of the Circle may by letter under his signature require to be made. Fourthly. - That the lessee shall not occupy the said land nor without the permission of the Collector devote the said building to other purposes than those for which this lease is granted, that is to say, for the sale of articles required by persons attending the courts as enumerated in the margin; and that this lease shall at once determine and cease if the lessee is convicted of any cognizable or non-bailable offence or is at any time declared to be a "tout" under Section 36, Act XVIII of 1879. Fifthtly. - That if the lessee shall for three months after-receipt thereof fail to comply with a requisition to repair the said building made by the Superintending Engineer in the manner aforesaid or if the lessee shall without the aforesaid permission of the Collector devote the said land or building to any other purpose than that for which it is allowed to be occupied, or if, for the space of six months, the said land or building shall not be used for the said purpose, then this lease shall determine and cease and the said building shall become absolutely and entirely the property of Government and the lessee shall not be entitled to any compensation in respect thereof. Sixthly-That the lessee shall not by reason of being allowed to erect such building on the said Government land acquire or be entitled to any right or interest whatever in the soil or ground upon which such building is erected, save and except the right to erect, enjoy and use the said building subject to the conditions of this agreement. Seventhly. - That the lessee shall, without objection, pay all taxes for the time being chargeable upon the said building, when erected, whether such taxes be leviable by law upon landlord or tenant, always save and provided that the lessee shall not be liable to pay the land tax. Eighthly. - That if Government require the removal of the said building whilst in the use and enjoyment of the lessee under this agreement, the lessee shall without objection comply with a requisition for its removal within a reasonable time after receipt thereof and upon payment of the value of the building at the time (such value to be assessed by the Superintending Engineer of the Circle) or the cost of the erection thereof whichever shall be less, but without any further compensation whatsoever. Ninthly. - That on the expiry of the terms of this lease, the lessee shall, if he has duly observed all the conditions thereof, be entitled to its renewal. Tenthly. - That if the lease is not renewed and unless the lessee sells the building to Government, at such price as may be agreed upon, the lessee shall remove it within the period of three months from the expiry of the lease at his own expense. If the lessee fails to remove the building within three months from the expiry of the lease the building shall become absolutely and entirely the property of Government. In Witness Whereof the said parties hereunto here to have set their hands and seals. The Schedule above referred to. All that piece or parcel of land containing an area of ..................... or thereabouts situate in the registration district of..........sub-district of............ and thana of..............and bounded. on the North by ................ on the South by .......'........ on the East by ................. and on the West by ................. (8) Licence to sell Pan, etc., in a Government Compound (See Rule 29) Name...............son of licensed to sell pan, tobacco, matches, etc., in the [Collectorate] compound. License to remain in force for one year from. .............to [This licence authorizes you to sell] [Nature of commodity.] in the above compound [in the building standing] [These words should be used in the case of shops built by the Public Works Department.] on the plot numbered ................for the year.................between the hours of 6 A.M. and 6 RM. daily on the following conditions:- ### 1. You shall pay the remaining ¾th of the licence fee which amounts to Rs. within a month from the date of auction failing which the ¼th of the licence fee already deposited, by you will be forfeited and the shop will be put up to fresh auction. ### 2. You are prohibited from transferring or subletting the licence. ### 3. You are forbidden to erect any permanent or semi-permanent structures and for any temporary shed or structure you may desire to erect on the aforesaid plot for protection against the weather you must obtain in advance the approval of the Collector of in writing. ### 4. You shall not apply the plot assigned to you, or any part of the any purpose other than the selling of the above commodities. ### 5. You shall keep the premises neat and clean and make proper arrangements for the daily removal of all rubbish and refuse therefrom. ### 6. In case of accident due to negligence or want of due care and caution on your part you shall make good all damages to the building or structure other than fair wear and tear. The decision of the...........(designation of the officer) on the question whether there has been an accident of the kind contemplated by this clause shall be final and binding on you. ### 7. Any breach of the above conditions of the license will render the license liable to be cancelled. ### 8. You shall furnish a security of Rs...............which may be liable to forfeiture, without prejudice to any other remedy of the Collector for failure to carry out the directions given from time to time by the Collector or for failure to remove the structure on the expiry of this term of this license. (9) License to Professional Typists working in the Court Compound (See Rule 31) Collectorate Name...............son of.............licensed to work as typist in the court compound at.................License to remain in force for one year from.......... This license authorises you to work as professional typist in the above compound on the plot numbered.............. ### 1. You shall pay a fee of Rs.............by instalments of one-fourth on the first day of each quarter in advance in default of which the license will be liable to be withdrawn. ### 2. You are prohibited from transferring or subletting the licensed plot. ### 3. You are forbidden to erect any permanent or semi-permanent structure and for any temporary shed or structure you may desire to erect for protection against the weather you must obtain the approval of the Collector in writing. Any temporary structure so erected shall have to be removed by you on the expiry of the license or its prior cancellation. ### 4. You shall not apply the plot assigned to you, or any part of it, to any other purpose. ### 5. You shall keep your premises neat and clean. ### 6. Any breach of the above conditions of the license will render the license liable to be forfeited. ### 7. The licence conveys no permission to enter any Government Office. (10) Form of Agricultural Lease for the side-cutting lands of the Grand Trunk Road in Gaya and Sahabad (See Rule 33) This Agreement made this the....................day of the month of ......200, ............, between the Collector on behalf of the Governor of Bihar to be hereinafter called the Lessor which term includes, unless repugnant to the context, all his successors in office, assigns representatives in interest of all sorts of the one part and..............son of.............by caste resident of village,.............., pargana................thana............... Post Office,..................... district by occupation, ...................to be hereinafter called the Lessee which term includes, unless repugnant to the context, all his heirs, assigns and representatives in interest of ail sorts of the other part. Witnesseth as follows:- ### 1. That the area of the Grand Trunk Road side-cutting land settled by the Lessor with the Lessee under this lease is B...................K............Dh........................................ or.............acres only and is fully described in Schedule I, at the foot hereof. ### 2. That the settlement of the above said lands is for a term of .....................years commencing from the day of.of the year ........... ### 3. That the rent payable for the area aforesaid is Rs..................a year besides any cess or the cesses payable by law and the lessee doth hereby promise and undertake to pay the said rent and cess or cesses regularly to the lessor in the instalments specified in Schedule II, at the foot hereof and that the lessee doth hereby further undertake and promises that he will not make any default in the payment of any of the instaments aforesaid and that in case he makes any such default, he shall be liable to pay interest on the arrears due at the rate of 6¼ per cent per annum from the date of each default and in case of three consecutive defaults, the lessor shall be entitled to determine this lease and to re-enter forthwith on the said lands without any notice or any kind of reference to him. ### 4. That immediately on the expiry of the term of this lease as specified above, the lessee shall make over vacant possession of each and every portion of the land let out hereunder and the lessor shall be entitled to re-enter without any notice or any kind of reference to the lessee and the lessee shall not be entitled to raise any objection of any kind whatsoever to the same or to set up any right or title in the said land. ### 5. That the lessee shall not sublet or transfer in any way, any portion of land let out hereunder without the sanction in writing of the lessor. ### 6. That the lessor shall have the right to dig earth at any time from any portion of the land let out hereunder for the upkeep and the repair of the Grand Trunk Road and for any purpose in connection therewith and the lessee shall not be entitled to claim any compensation or reduction of rent on that account, but the lessor shall not unnecessarily damage any standing crop and if damage is caused to any standing crop by the digging of earth from the said land for the purposes aforesaid, the lessee shall get such reasonable compensation for the said damage as may be fixed by the Collector, whose decision in the matter shall be final and not capable of being questioned or re-opened in any way whatsoever. ### 7. That the lessor shall be entitled to realise the arrears of rent and cesses, if any, from the lessee under the procedure laid down in the Bihar and Orissa Public Demands Recovery Act or any such other Act that may be in force for the time being. ### 8. That in case the land let out hereunder or any portion thereof be needed at any time by the lessor for any public purpose, the lessee shall on receipt of one month's notice from the lessor forthwith vacate the land and shall not claim any compensation for the same excepting the value of the standing crops if there be any at the time when the lessor takes possession. The decision of the lessor as to the value of the standing crops shall be final and conclusive. ### 9. That the lessee shall not use the land let out hereunder or permit the same to be used for any purpose other than cultivation and shall not use it in such a way as to make it unfit for the purpose of cultivation. On breach of this condition the lessor shall be entitled to determine this lease and to re-enter immediately on the said land without any notice or reference of any kind whatsoever and the lessee shall not be entitled to claim any damages or compensation for the same. ### 10. That the lessee shall not allow any portion of the land let out under these presents to pass into the possession of anybody else and in case there be any encroachment by anybody upon any portion of the said land the lessee shall forthwith inform the Executive Engineer and shall himself in the meantime take such steps as the law permits and if the lessor be dispossessed at any time of any portion of the land aforesaid, owing to the collusion, connivance or negligence of the lessee and any loss is caused to the lessor on account thereof the lessee shall be liable to make good all the said loss with interest. ### 11. That the lessee shall not plant any trees upon the said land and shall not have the right to cut any tree standing on the land or to appropriate the produce or timber hereof. ### 12. That the lessee shall not erect any bunds on the land leased to him except on the written authority of the lessor, who shall specify the crest level or maximum height allowed and the lessee shall be bound to remove any such bund within 24 hours of receiving a notice to do so. Breach of this condition shall entitle the lessor to re-enter immediately into possession of the land and the lessee shall be entitled to no compensation whatsoever. \| \| \| --- \| \| In witness whereof the\| lessor named abovelessor named abovelessee and the lessor named above \| \| \| \| --- \| \| dothdothdo\| Set\| hishistheir\| respective\| handhandhands\| hereunto the date the month and the year first above written. \| I --- Specification of the land let out with boundaries. II ---- Rental and cess and the instalment in which they are payable. Note. - The term of a lease should not extend beyond 5 years and when it expires the lessor should obtain and retain possession of the land for a month before making a fresh lease. The lease is not to be renewed. (11) Form of Building Lease for the side-cutting lands of the Grand Trunk Road in Gaya and Shahabad (See Rule 33) This Indenture made the....................day of ..............between the Collector on behalf of the Governor of Bihar (hereinafter called the lessor which expression shall, where the context so admits or implies, include his successor in office and assigns) of the one part and son of.................by caste .............resident of village...........pargana .................thana...........,Post Office .............district...............and by profession, ............... (hereinafter called the lessee which expression shall, where the contest so admits or implies, include his heirs, executors, administrators, representatives and assigns) of the other part. Witnesseth that the lessor doth hereby demise unto the lessee all that piece of land containing in the whole B..........K............Dh or there abouts in the town of..............plot No............[(more fully described at the foot hereof)] [This clause to be penned through where the land is vacant.] on which are standing the buildings as per schedule attached, to hold the same for the term of..............years commencing from the date of........... subject to the following conditions:- ### 1. The lessee shall pay to the lessor a yearly rent of Rs.................... commencing from..................day of.......... \| \| \| --- \| \| 2. The lessee shall use\| [that portion of the said land and which is vacant at the commencement of the leasethe said land] [The upper clause to be retained and the lower penned through where there is already a building in existence but if the land demised is a vacant one the upper clause is to be penned through and the lower retained.] \| for building kutcha houses only and shall not build thereon any pucca house of a permanent and stable nature but may construct a well therein but he shall make no unnecessary excavations or remove or appropriate any mineral substance found within the land. A pucca house in existence before the execution of this lease may remain if its construction was authorised by the lessor, and in any other case with permission of the lessor. ### 3. Save and except the buildings or structures mentioned in clause 2 the lessee shall erect no further buildings or structures or make any alterations in any existing buildings or structures without the written consent of the lessor. ### 4. The lessee shall not at any time use the said premises or permit the same to be used for any purpose other than that of a private dwelling house or shop without the previous consent in writing of the lessor.The lessee shall not erect any building within 50 feet of the centre line of the road and shall not object to the lessor taking earth for road repairs from any place within 30 feet of the centre line of the road in front of the said demised land. ### 5. The lessee shall at all times during the said term repair and keep the buildings to be erected on the land in good tenantable condition. ### 6. The lessee shall pay all municipal or other local rates and taxes that may for the time being be assessed or charged upon the holding or the building thereon. ### 7. Except with the previous sanction of the lessor in writing and on payment of a fee equal to 25 per cent of the yearly rental (provided that such fee shall not be less than rupee 1 or more than rupees 100) the lessee shall not transfer, assign, sublet or part with the possession of the said demised land and premises or any part thereof. ### 8. If the lessor at any time before the expiry of this lease is desirous for any public purpose of resuming possession of the said demised land or any part thereof and shall under the hand of an officer duly authorised serve notice of such desire on the lessee and shall tender him compensation for any building or other improvement which he may have erected or made with the written consent of the lessor or for any deterioration in the value of this holding caused by severance or for such other loss as to the officer aforesaid may seem equitable, the lessee shall within three months from the date of the receipt of the notice aforesaid, vacate the said demised land or such part thereof as is specified in the said notice. In case of disagreement as to the amount of the compensation aforesaid the matter shall be decided by the Collector of the district whose decision shall be final and not liable to be questioned or reopened in any way whatsoever. ### 9. And the lessor doth covenant that the lessee observing all the aforesaid conditions shall peaceably hold and enjoy the said land during the said term without any interruption by lessor, provided that upon any breach or non-observance by the lessee of any of the aforesaid conditions the lessor may notwithstanding any previous waiver of the right of re-entry, enter upon the said land and repossess it as if this demise had not been made, the lessee in such case being entitled within three calendar months from the date of such re-entry to remove all building and fixture which at any time during the currency of his demise shall have been erected or affixed by him upon the said land. ### 10. [ If three months prior to the expiration of the said term the lessee shall notify the Collector that he is desirous of taking a new lease of the said premises and shall have duly observed and performed all the terms and conditions of this lease he shall on the expiry of the term of this lease be entitled to an unlimited option of renewal of the lease of the said premises at and interval of every 30years on the express condition that Government shall have the full right to increase the rate of rent not exceeding double the amount of the previous rent at every renewals but otherwise on the said terms and conditions and subject to the same covenants and agreements, including the covenant for renewal as are contained in this lease. In the event of the lessee not taking a new lease as aforesaid on the expiry of the period of 30 years' the lessee shall not be entitled to any compensation for any building, structures or improvements erected or made by him upon the said premises, nor shall be entitled to dismantle or remove any such buildings or structures and the Collector may re-enter on the said premises and take possession of the lands, buildings and structures which shall there upon vest absolutely in the lessor. But if the lessee wants the lease to be renewed it would be renewed provided of course he had fulfilled the terms and conditions of the lease, and was prepared to pay if so desired by Government higher rent within the limit specified above. If, however, Government wants to resume the land under clause 8 of the lease, they would have to pay compensation to the lessee as provided for under that clause. Note. - In exceptional cases in which there is a prospect of abnormal development the renewal clause will either have to be modified to suit local conditions or omitted altogether. All such cases shall be referred for the orders of Government.] [Substituted by C S. No. 1 dated 11.12.1953.] ### 11. The lessee shall pay in advance to the lessor the rental and the other dues, if any, in instalments specified herein below and shall not make any default in the payment of any of these instalments and in case of default the lessee shall be liable to pay interest on the arrears due at 6¼ percent per annum from the date of each default. The lessor shall be entitled to realise all the arrears of rent and other dues from the lessee under there procedure laid down in the Bihar and Orissa Public Demands Recovery Act or any such other Act that may for the time being be in force. \| \| \| --- \| \| In witness whereof the\| lessor doththe lessee doththe lessee and lessee do\| Set\| his handhis handtheir hands \| hereunto on the date, month and the year first above written. Specification of land let out and also of the building, if there be any, on the same. Instalment (11 A) Form of lease for Settlement of Khasmahal Hat Lands. (See Rule 33A) This indenture made the................day of............... 200............................between the Governor of Bihar (hereinafter called the lessor, which term shall where the context so admits or implies, include his successors in office and assigns) of the one part and...............son of............resident of ....... (hereinafter called the lessee which term shall, where the context so admits or implies, include his heirs, executors, administrators, legal representatives and assigns) of the other part. Whereas the lessee has applied for and the lessor has agreed to grant the right to collect and appropriate the tolls from the hat/hats described in the Schedule hereto annexed for a period of.......................... commencing from the.....200............and whereas the lessee has paid sum of Rs..................(in words ............) as security deposit. Now this indenture witnesseth that the lessor do hereby grant and the lessee doth hereby accept the right to collect, the tolls aforesaid. And it is hereby further expressly agreed and declared as follows:- (1) That the lessee shall pay annually to the Collector/Deputy Commissioner of....... (hereinafter called the Collector) as rent, the sum of Rs (in words) payable in equal monthly instalment of Rs each on the first day of each calendar month in advance. On default of such payment the lessee shall be liable to pay interest on the arrear at the rate of 6¼ per cent per annum. (2) That the lessee shall comply with all orders issued by the Collector for the regulation of Hats generally or of the Hat/Hats noted in the Schedule hereto in particular. (3) That the lessee shall be at liberty to engage any person to collect the said tolls in the said Hat/Hats during the period of this lease on his behalf and as his agent, the lessee shall, forthwith remove from his service any such agent whom the Collector orders to be removed on the ground of his being undesirable or on any other ground. (4) That the lessee or his agent shall collect tolls from the said Hat/Hats according to the Schedule of rates of tolls prescribed by the said Collector and shall not collect or realise any thing in excess of or in addition to the said rates. The lessee shall cause the said Schedule of rates of tolls in the languages and scripts directed by the Collector to be hung up, and keep the same hung up during the period of this lease in not less than two conspicuous places in the said Hat/Hats. (5) That the lessee shall grant correct receipts to all persons for tolls collected from them in such form as may be prescribed by the Collector, and shall pay to the Collector the price of any form that may be supplied to him by the Collector. (6) That the lessee shall maintain correct accounts of all collections made by him, and shall produce the same for inspection whenever called upon in writing to do so by the Collector or any other officer deputed or appointed by him for that purpose. (7) That the sum of Rs........(in word) deposited with the Collector is by way of security for the due observance and performance of the terms and conditions of this lease, and the same or any part thereof, may, if necessary, be appropriated by the Collector towards any instalment of rent that may fall in arrear or any sum that may be due or adjudged by the Collector to be due. The Collector's decision in the matter shall be final. (8) That the lessee shall be responsible for the proper sanitation of the Hat/ Hats and shall always keep the Hat ground clean and in good state and free from all filthy or other insanitary materials. (9) That the Hat premises shall not be used by the lessee for any political meeting or conference without any authority in writing of the Collector. (10) That in case of any emergency, such as the breakout of an epidemic, disease in virulent form in the close neighbourhood of the Hat, it shall be open to the Collector to close the Hat without allowing any compensation to the lessee. (11) That it shall be open to the Collector to prohibit the sale at the Hat of a particular commodity in the interest of public health. (12) That without the written authority of the Collector the lessee shall not change the site of the Hat or make any material alteration, rearrangement or redistribution herein so as to effect the future income of the Hat or cause inconvenience to customers or the general public. (13) That the lessee shall hold the Hat within the boundaries specified in the Schedule below and on such days as the Collector may prescribe and shall be entitled to realise tolls on those days only. (14) That the lessee undertakes to construct and bring to completion at his own cost and to the satisfaction of the Collector such works as the Collector may direct. (15) That the lessee shall not assign or underlet his interest under these presents to any person whosoever without the consent in writing of the Collector previously obtained. (16) That if any instalment of rent be not paid by the lessee at the time and in manner aforesaid, whether the same shall or shall not have been normally demanded, or if there shall be any breach of non-observance of the conditions hereinbefore contained or any of them then, and in any of the said cases, and notwithstanding that action may not have been taken on any similar previous default for the exercise of the powers conferred by this clause, it shall be lawful for the Collector by an order in writing to cancel and annul this agreement and to resettle the said Hat/Hats at his discretion with any other person or persons; and in such case the lessee shall be liable to make good any loss that the Collector may suffer in resettling or being unable to resettle the said Hat/Hats. (17) That any arrear of rent or interest thereon or any penalty imposed or compensation for loss that may be due to the lessor hereunder shall be payable to the Collector and on default the same shall, without prejudice to any other remedy of the lessor, be recoverable as a public demand under the provisions of the Bihar and Orissa Public Demands Recovery Act. (18) That an appeal from the order of the Collector cancelling this grant as above shall lie to the Commissioner if preferred within thirty days of the passing of such order, and the decision of the Commissioner shall be final. In witness whereof the parties to these presents have hereunto set and subscribed their respective hands and seals the day and year first above mentioned., Schedule 3 ------------ Description of the Hat/hats \| \| \| \| --- \| --- \| \| \| {\| \| \| Collector............Deputy Commissioner.... \| \|- \| ............ \| \|- \| (Signature of Lessee) \| for and on behalf of the Governor of Bihar \|- \| Witnesses-(1) \| Witnesses-(1) \|- \| (2) \| (2) \|} [Appendix A (IIB) ] [Inserted by C.S. No. 5, dated the 24th March, 1954.] \| \| \| --- \| \| Form of lease for settlement of fishing right in\| rivertankbandh \| (See Rule 33-B) This indenture, made the................day of............... 200...................between the Collector of Bihar (hereinafter called the lessor which term shall, where a context so admits or, implies, include his successors-in-office and assigns) of the one part and ................son of..................resident of................... (hereinafter called the lessee which terms, shall where the context, so admits or implies, include his heirs, executors, administrators, legal representatives and assigns), of the other part. Whereas the lessee has offered to take the settlement of fishery rights in the river \| \| \| --- \| \| (i) the higher bidthe annual rent fixed by the Collector\| and the lessor has agreed to settle (ii) \| the fishery right for a period of commencing from the..............200..............and whereas the lessee has paid of sum of Rs....................(i) amount of bid (in words)...............being one-fourth of the (ii) amount of annual ................as security deposit. Now this indenture witnesseth rent fixed by the Collector....that in consideration of a sum of Rs.................only per annum as rent the lessor doth hereby grant and the lessee doth hereby accept the settlement of the fishery right \| \| \| --- \| \| in the\| rivertankbandh\| as described in Schedule I and it is further expressly agreed and declared as follows:- \| \| \| \| --- \| \| That the lessee shall pay annually to the\| CollectorDeputy Commissioner\| of.......................... (hereinafter called the Collector) \| as rent the sum of Rs............(In words)... ...........payable according to the instalments given below as fixed Collector by the Deputy Commissioner on default of such payment the lessee shall be liable to pay interests on the arrears at the rate of 6 ½ per cent per annum. ### 2. That the lessee shall comply with all orders issued by the Collector for the efficient working of the fishery. ### 3. That the lessee shall not assign or under-let his interest under these presents to any person whatsoever without the consent in writing of the Collector previously obtained. ### 4. That the lessee shall, during the term of the lease, take out fish from the \| \| \| --- \| \| rivertankbandh\| by rods and nets only and shall not in any manner cut or breach any \| \| \| \| --- \| \| embankment of the\| rivertankbandh\| provided that it shall be competent for the Collector \| (in bandh the case of tanks and bandhs only) by an order in writing to forbid for period or periods not exceeding in aggregate three calendar months in any single year during the term of this lease the use of nets of all or any description and the lessee shall not be liable for any rebate of rent or compensation for such suspension of the right to fish with nets. \| \| \| --- \| \| 5. That the lessee shall not introduce into the\| rivertankbandh\| any substance for the \| purpose of poisoning fish or any other obnoxious substance and shall in like manner abstain from the practice of dynamiting or similar process for the purpose \| \| \| --- \| \| of destroying or taking fish from the\| rivertankbandh\| and shall be responsible for commission \| of such aforesaid acts by his agent, sub-lessee (if any) or any other person in the same manner as if he had himself done such act. ### 6. That the lessee shall not raise any objection to the prospecting of spawn or fish fry by the Fisheries Department and collection of them for stocking other tanks and ponds free of costs and shall sell fish spawn and fry to the Fisheries Department when so required at rates to be fixed by the Department of Fisheries from time to time. \| \| \| --- \| \| 7. The Collector shall have the right to cause repairs to be effected to the tank\| tankbandh\| at any time he deems proper without any right \| of compensation or abatement of rent accruing to the lessee save for such loss as may result from actual escape or loss of fish to be determined by the Collector whose order shall be final. \| \| \| --- \| \| 8. [ That the lessee shall not effect any change in the area of the [Clauses 7 and 8 will apply in case of settlement of fishery right in tank/bandh only.] \| tankbandh\| and shall not by cutting, draining or any other method diminish the \| supply of water in it and shall in no manner, whether by intent, neglect or carelessness, damage it provided that the lessee shall not be held responsible for any damage caused to the \| \| \| --- \| \| tankbandh\| by any agency beyond the control of the lessee or not resulting directly or indirectly from his carelessness or neglect.] \| ### 9. That the lessee shall supply or at such intervals as may be fixed by the Collector, fish of good quality to the public at the places and in quantities and rates mentioned in Schedule II hereto annexed subject to such modification from time to time as may be made by the Collector. (a) That the lessee shall stock the tank/bandh with fish regularly. ### 10. That the lessee shall not raise any objection to navigation of boats, steamer in the river. ### 11. The lessee shall not have the right to interfere with or obstruct or cause \| \| \| --- \| \| interference or obstruction to the use of the water of the\| rivertankbandh\| for the purpose of \| irrigation, bathing and watering of cattle. In cases of abuse of the above rights or where the State Government have forbidden the use of the water of the said river/ tank/bandh/ for any specific purpose or purposes and there has been a breach of such order the lessee shall report the matter to the Collector whose order in this respect will be final. (a) [ The lessee shall not pollute the water of the tank or bandh.] [Clauses 9 and 10 will apply in case of settlement of fishery right in river only.] ### 12. That if any instalment of rent be not paid by the lessee at the time and in manner aforesaid, whether the same shall or shall not have been formally demanded or if there shall be any breach or non-observance of the conditions herein before contained or any of them then and in any of the said cases and notwithstanding that action may not have been taken on any previous default for the exercise of the powers conferred by this clause, it shall be lawful for the Collector by an order in \| \| \| --- \| \| writing to cancel and annul this lease and to resettle the\| rivertankbandh\| at this discretion \| with any other person or persons and in such case the lessee shall be liable to make good any loss that the Collector may suffer in resettling or being unable to \| \| \| --- \| \| resettle the\| rivertankbandh\| at this discretion \| ### 13. That any arrear of rent or interest thereon or any penalty imposed or compensation for loss that may be due to the lessor hereunder shall be payable to the Collector and on default the same shall without prejudice to any other remedy of the lessor be recoverable as a Public Demand under the provisions of the Bihar and Orissa Public Demands Recovery Act. ### 14. That on appeal from the order of the Collector cancelling this lease as above shall lie to the Commissioner if preferred within 30 days of the passing of such order and the decision of the Commissioner shall be final. In witness whereof the parties to these presents have hereinto set and subscribed their respective hands and seals the day and the year first abovementioned. Collector....................... Deputy Commissioner............. For and on behalf of the Governor of Bihar. Witnesses-(1) (2) Signature of lessee Witnesses-(1) (2) I --- \| \| \| --- \| \| Description of\| rivertankbandh \| II ---- Kind of fish. Rate quantity. Place where to be sold. (12) Form of Engagement by purchaser. (See Rule 162) I..................... son of....... resident of village.......in the district of......... execute this engagement in connection with the Government estate.........no. on the revenue-roll of the district of ........consisting of an area of bighas equal to acres and \| \| \| --- \| \| bearing an annual revenue of Rs the\| proprietary rightraiyati interest\| of Government which has been sold to me for the sum of Rs ............... \| ### 2. The existing jama of Rs is fixed in perpetuity, and the rights conveyed to me under the engagement are those of the proprietor of a permanently-settled estate. I will be at liberty to alienate the property at pleasure. I bind myself to respect the recorded rights and the rights conferred by the laws in force, as also the rights of the under tenants and resident cultivators who have signed the schedule of assessment prepared by the Revenue authorities. ### 3. I will pay the Government revenue kist by kist, according to the instalments noted at the foot of this engagement, and I will raise no objection on the score of draught and inundation, or any providential visitation; nor will such objection be allowed. N. B. - In the case of the sale of any estate yielding and annual rental of less than Re. 1, the following should be substituted for the words "the existing jama of Rs is fixed in perpetuity", in the first sentence of clause 2 above and clauses 3 and 4 of the form should be omitted:- "I shall be permanently exempted from the payment of any Government revenue in respect of the estate". ### 2. In the case of other estates situated in temporarily-settled tracts, the following should be substituted for the first sentence of clause 2 :-"The existing jama of Rs is fixed for the term for the current settlement and will be subject to revision at each successive settlement, and the rights conveyed to me under the engagement are those of a purchaser of a temporarily-settled estate". ### 4. If I default in the payment of the Government demand on account of the estate, the estate will be liable to sale for arrears of revenue under the provisions of the law in force. ### 5. Government reserves to itself the right of all minerals, together with such rights of way and other reasonable facilities as may be requisite for working, gathering and carrying away such minerals. ### 6. This engagement will be equally binding upon my heirs and successors. (13) Model Form of agreement for alienation of State land. (See Rule 170) An agreement made the............. day............. of................. 200 between the Governor of Bihar hereinafter called "the grantor" of the one part and the hereinafter called "the grantee' of the other part. WHEREAS the grantee has applied to the grantor for a \| \| \| --- \| \| grant of land to be used for\| a publica religiousan educationetc.\| purpose, namely, for And Whereas \| the grantor has agreed to make over to the grantee the land described in the Schedule hereto and delineated on the map hereto annexed, for the purpose aforesaid upon the terms and conditions hereinafter contained. Now these presents witness and it is hereby agreed and declared that the said lands have been made over to or placed under the control of the grantee for the \| \| \| --- \| \| aforesaid\| a publica religiousan educationetc.\| purpose only and that the grantor accordingly reserves the \| whole and entire proprietary right in the said lands subject only to the right of use \| \| \| --- \| \| thereof for the aforesaid\| a publica religiousan educationetc.\| purpose; and it is hereby further expressly \| agreed and declared as follows that is to say : ### 1. That the grantee shall not use the land hereby demised or any part thereof for any purpose other than the specific purpose for which the land is granted namely...... ### 2. That should the land or any part thereof be at any time required by the Government of Bihar for any purpose declared by Government to be a public purpose, the grantor shall be entitled to resume the land or such part thereof and on giving six months, notice in writing may through any officer or person authorised by Government in that behalf, re-enter and take possession of the said land or part thereof and of all building and structures thereon: Provided that in the case of such re-entry, the grantee shall be entitled to compensation for buildings or other structures erected by him with the previous sanction in writing of the Collector on the land demised, the amount of such compensation shall be fixed by the Collector of the district, and shall not exceed the amount (if any) paid to the grantor for this grant plus the cost or the present value of building and other structures, whichever shall be less: Provided always that in the case of any dispute as to the amount of compensation fixed by the Collector, the grantee shall be entitled to appeal to the Commissioner of the Division whose decision shall be final, conclusive and binding on the parties. ### 3. That the grantee shall receive the produce of all trees on the said lands but shall not remove, cut or injure trees not planted by the grantee without the permission of the Collector of the district and then so far only as may be necessary \| \| \| --- \| \| for the use of the land or the\| a publica religiousan educationetc.\| purposes aforesaid. \| ### 4. That the grantee shall make and keep marked the boundaries of the said lands and point them out when so required by the Collector of the district. ### 5. That the grantee shall not make or permit to be made any buildings or works on or under the said lands without the previous sanction in writing of the Collector of the district. ### 6. That the grantee shall not add to or remove the soil of the said lands except so far as may be necessary for the purposes aforesaid. ### 7. That the grantee shall not part with or transfer the possession of the said lands or any portion thereof except as authorised by statute or by the grantor in writing. ### 8. That in the event of any breach or non-observance of any of the conditions 3, 4 and 6 of the conditions, in additions to or in lieu of any other remedy to which the grantor may be entitled, the grantee shall be liable to pay to the grantor, in lieu of damages, such sum not exceeding Rs. 50 as may be fixed in each case by the Collector of the district for the such breach or non-observance. ### 9. That on breach or non-observance of any of the conditions 1, 5 or 7 of this agreement, the grantor may declare that the lease has determined, and that on the expiry of one month from the date of such order, the Collector or any officer or person appointed in that behalf by the grantor shall be entitled to re-enter and take khas possession of the land hereby demised and of the buildings and other structures erected thereon: Provided that in the case the land is so resumed, the grantee shall not be entitled to any compensation whatsoever for the land or for the buildings or other structures erected by him on the land, but he will be at liberty to remove the materials of any such buildings or structures within a month from the date of the determination of the lease failing which he shall cease to have any right to such building or structures or the materials thereof. ### 10. That the question of a breach or non-observance of any of the terms or conditions of this agreement, the Collector shall be the sole judge, and an order of the collector declaring that there has been such a breach or non-observance shall be final and conclusive proof of such breach or non-observance as between the parties hereto. The Schedule above referred to (1) (2) signed by the Collector of acting in the premises for and on behalf of the Governor of Bihar in the presence of............... Witness................. Signed by the grantee in the presence of Witness................. (14) Form of Indenture to be used in Sarkari hata Government Estate, Hazaribagh. (In cases of Non-Agricultural Tenancies only) This indenture made the day of 200 between the Governor of Bihar (hereinafter called the Lessor which expression shall, where the context so admits or implies, include his successors in office and assigns) of the one part and .... S/o ...................... (hereinafter called the lessee which expression shall, where the context so admits or implies, include his heirs, executors, administrators, representatives and assigns) of the other part. \| \| \| --- \| \| Whereas the Lessee has applied for\| renewal of his leasepermission to occupy\| for the Purposes of the lands and premises \| specified in the first part of the Schedule hereunder written and whereas the said application has received the sanction of the Commissioner of the Chota Nagpur Division conveyed in his letter no dated......... Now this indenture witnesseth that the Lessor doth hereby demise unto the Lessee all the lands and premises as specified in Part I of the Schedule with the appurtenances. To hold the same unto the lessee from the day of 200 for the term of years yielding and paying thereof a clear yearly rent of Rs...... And the Lessee hereby convenants with the Lessor that he will perform and observe the terms and conditions set forth in the second part of the said Schedule. In witness whereof the said parties have hereunto set their hands and seals the day and year first above written. Signed, sealed and delivered by the Deputy Commissioner of Hazaribagh for and on behalf of the Governor of Bihar in the presence of Signed, sealed and delivered by the above-named Lessee in the presence of. Signature on behalf of Lessor. Signature of witness. Signature of Lessee. Signature of witness. The Schedule above Referred to Part I – .-Specification of the Holding (with the trees thereon, if any.) --------------------------------------------------------------------------- Name of block. - Number of plot. - Situation of plot. - Boundaries of plot. - Area of plot. - Amount of rent assessed. - Number of trees of each kind. - Part II – . - Terms and Conditions. ------------------------------------- ### 1. The Lessee shall pay to the Deputy Commissioner of Hazaribagh the said rent of Rs without any deduction in the following instalments. ### 15th. September- 15th January- When the total rent is below Rs. 5, it should be paid in one instalment on or before the 15th January. ### 2. Except with the previous sanction of the Deputy Commissioner in writing and on payment of a fee equal to 25 per cent of the yearly rental (provided that no such fee shall be less than Re. 1 or more than Rs. 100), that the lessee shall not transfer, assign, sublet or part with the possession of the said demised land premises or any part thereof: Provided that no previous permission of the Deputy Commissioner in writing will be necessary for letting out houses with compounds temporarily on monthly rent or leasing orchards or vegetable gardens to fruits and vegetable sellers for seasons: Provided also that when the Deputy Commissioner refuses sanction under this Clause, he shall record his reason and appeal will lie to the Commissioner. In the case of succession by inheritance no fee as aforesaid shall be payable. The person succeeding shall apply forthwith to the Deputy Commissioner for mutation of names and such application shall bear the Court-Fee Stamp prescribed by law. ### 3. The lessee shall enjoy the fruits of all trees on his holding, but shall not cut down or in any way injure any tree on the said demised premises without the previous permission in writing of the Deputy Commissioner. In the event of any breach of this condition the lessee shall be liable to pay a penalty to be fixed by the Deputy Commissioner not exceeding three times the value of the tree cut or injured. ### 4. The lessee shall make no excavation on the said demised premises other than as may be sanctioned by the Deputy Commissioner and shall not in any way diminish or in any other way injure, or make any permanent alteration upon his holding without the written consent of the Deputy Commissioner. ### 5. The lessee shall keep intact and well defined the boundaries of the said premises and shall from time to time on receipt of notice from the Deputy Commissioner point these out to any officer or person duly authorized by him in writing to inspect them. ### 6. In the event of the lessee failing to pay any instalment of rent on or before the dates herein fixed for such payments, such arrears shall without prejudice to any other right to remedy of the lessor carry interest at the rate of 6¼ per cent per annum from the date on which the same became payable until payment. ### 7. The lessee shall not erect any building or make any addition to or any alteration in or demolish or remove any building now or hereafter to be erected on the demised premises without the previous consent of the Deputy Commissioner in writing. The building shall be constructed in accordance with specification and plans to be approved beforehand by the Deputy Commissioner. On breach of this condition the lessor may without prejudice to any other right or remedy require the lessee on one month's notice in writing to demolish any such building or addition and restore the altered premises to their former conditions and the lessee shall not be entitled to any compensation whatsoever in respect thereof. ### 8. The lessee shall maintain all buildings whether standing on the demised premises at the time of the execution of the lease or erected during the currency of the lease in proper repair. On the lessee failing to do so without good reason the Deputy Commissioner will have power to repair the building through whatever agency he may think proper and realise the cost from him as a public demand. ### 8A. The lessee shall not without the sanction of the Deputy Commissioner conduct or permit to be conducted on the land any trade of business whatsoever or use the land or permit the same to be used for any purpose other than that of a private dwelling house. [Note. - A Khhasmahal holding shall be deemed to be used for commercial purposes when it is utilised by the lessee for business with a capital outlay of Rs. 5,000 and a monthly income of Rs. 300 and where other persons or assistants are employed or where a portion of the land or building is let out for business purposes.] [Inserted by C. Slip No. 4 dated the 24th March, 1954.] ### 9. The Deputy Commissioner may cancel the lease, if the buildings are not completed within two years of the date on which it was executed or within such further time, if any, as the Deputy Commissioner may allow. On such cancellation the Deputy Commissioner may by notice in writing require the ex-lessee to remove within a reasonable time any building which may have been commenced and not completed or the materials which may have been collected on the land, and if he fails to comply with such notice the Deputy Commissioner after giving a further notice in writing specifying a time not less than one month from the date of service of the notice within which such buildings or materials shall be removed, may cause such removal to be effected and recover the cost from him. ### 10. If the lessor at any time before the expiration of this lease is desirous for any public purpose of resuming possession of the said demised premises or any part thereof, and shall under the hand of Deputy Commissioner serve notice of such desire on the lessee and shall tender him compensation for any building or other improvement which he may have erected or made with the written consent of the Deputy Commissioner for and deterioration in the value of his holding caused by severance or for such other loss as to the Deputy Commissioner may seem equitable, the lessee shall within three months from the date of receipt of the notice aforesaid vacate the said demised premises or such part thereof as is specified in the said notice. In case of disagreement as to the amount of compensation aforesaid the matter shall be referred to the Commissioner whose decision shall be final. ### 11. The lessee shall pay all municipal and other local rates and taxes that may for the time being be assessed or charged upon the holding or the building erected thereon. ### 12. On breach or non-observance of any of the terms or conditions aforesaid excepting conditions mentioned in clauses 3, 5, 6 and 8 the Deputy Commissioner may re-enter upon the said demised premises and may determine the lease : Provided that in the case of such re-entry and determination except on breach of the condition in clauses 2 and 7, the lessee shall be entitled to compensation for standing crops and trees planted by him and for all buildings erected and other improvement made by him with the consent of the Deputy Commissioner, the amount of such compensation to be fixed by the Deputy Commissioner whose decisions shall be final and conclusive. ### 13. [ In the event of any breach or infringement of any of the conditions aforesaid the lessee shall, in addition and without prejudice to any other remedy of the lessor, be liable to a fine by way of liquidated damages a sum not exceeding Rs. 250 to be imposed by the Deputy Commissioner] [Substituted by C.S. No. 8, dated the 21st October, 1955.] , ### 14. [ If three months prior to the expiration of the said term the lessee shall notify the Deputy Commissioner that he is desirous of taking a new lease of the said premises and shall have duly observed and performed all the terms and conditions of this lease he shall on the expiry of the term of this lease be entitled to an unlimited option of renewal of the lease of the said premises at an interval of every 30 years on the express condition that Government shall have the full right to increase the rate of rent not exceeding double the amount of the previous rent at every renewal but otherwise on the said terms and conditions and subject to the same convenants and agreements, including the convenant for renewal as are contained in this lease. In the event of the lessee not taking a new lease as aforesaid on the expiry of the period of 30 years, the lessee shall not be entitled to any compensation for any building, structures or improvements erected or made by him upon the said premises, nor shall be entitled to dismantle or remove any such buildings or structures and the Deputy Commissioner may re-enter on the said premises and take possession of the lands, buildings and structures which shall thereupon vest absolutely in the lessor. But if the lessee wants the lease to be renewed it would be renewed provided of course he had fulfilled the terms and conditions of the lease, and was prepared to pay if so desired by Government higher rent within the limit specified above. If, however, Government wants to resume the land under clause 10 of the lease, they would have to pay compensation to the lessee as provided for under that clause.] [Substituted by C.S. No. 11 dated 1 12.1953.] ### 15. In the event of a military cantonment being established in Hazaribagh nothing in this indenture shall render the lessee exempt from the operation of all cantonment laws and regulations for the time being in force and all lawful orders of the military authority. ### 16. The lessee shall not cultivate any wet crop on his holding. Appendix A (15) Form of indenture to be used in Sarkari Hata Government Estate, Hazaribagh (In cases of chapparbandi tenancies only, non-agricultural) This indenture made the day of 200 between the Governor of Bihar (hereinafter called the Lessor which expression shall, where the context so admits or implies, include his successors in office and assigns) of the one part and son of (hereinafter called the Lessee which expression shall, where the context so admits or implies, include his heirs, executors, administrators, representatives and assigns) of the other part. \| \| \| --- \| \| Whereas the Lessee has applied for\| renewal of his lease forpermission to occupy\| the Purposes of the lands and premises specified \| in the first part of the Schedule hereunder written and whereas the said application has received the sanction of the Commissioner of the Chota Nagpur Division conveyed in his letter no dated......... Now this indenture witnesseth that Lessor doth hereby demise unto the Lessee all the lands and premises as specified in Part I of the Schedule with the appurtenances. To hold the same unto the lessee from the day of............................ \| \| \| --- \| \| 200 -rent of Rs\| ........years yielding and paying therefore a clear yearly \| And the Lessee hereby covenants with the Lessor that he will perform and observe the terms and conditions set forth in the second part of the said Schedule. In witness whereof the said parties have hereunto set their hands and seals the day and year first above written. Signed, sealed and delivered by the Deputy Commissioner of Hazaribagh for and on behalf of the Governor of Bihar in the presence of Signed, sealed and delivered by the above-named Lessee in the presence. of Signature on behalf of Lessor Signature of witness Signature of Lessee Signature of witness. The Schedule above Referred to Part I – Specification of the Holding (With the trees thereon, if any) ------------------------------------------------------------------------ Name of block- Number of plot- Situation of plot- Boundaries of plot- Area of plot- Amount of rent assessed- Number of trees of each kind- Part II – Terms and conditions -------------------------------- ### 1. The lessee shall pay to the Deputy Commissioner of Hazaribagh the said rent of Rs without any deduction in the following instalment: ### 15th. September-; 15th January- When the total rent is below Rs. 5 it should be paid in one instalment on or before the 15th January. ### 2. Except with the previous sanction of the Deputy Commissioner in writing and on payment of a fee equal to 25 per cent of the yearly rental (provided that no such fee shall be less than rupee 1 or more than Rs. 100), the lessee shall not transfer, assign, sublet or part with the possession of the said demised land and premises or any part thereof: Provided that no previous permission of the Deputy Commissioner in writing will be necessary for letting out houses with compounds temporarily in monthly rent or leasing orchards or vegetable gardens to fruits and vegetable sellers for seasons: Provided also that when the Deputy Commissioner refuses sanction under this clause, he shall record his reasons and an appeal will lie to the Commissioner. In the case of succession by inheritance no fee as aforesaid shall be payable. The person succeeding shall apply forthwith to the Deputy Commissioner for mutation of names and such application shall bear the Court-fee stamps prescribed by law. ### 3. The lessee shall enjoy the fruits of all trees on his holding, but shall not cut down or in any way injure any tree on the said demised premises without the previous permission in writing of the Deputy Commissioner. In the event of any breach of this condition the lessee shall be liable to pay a penalty to be fixed by the Deputy Commissioner not exceeding three times the value of the tree cut or injured. ### 4. The lessee shall make no excavation on the said demised premises other than as may be sanctioned by the Deputy Commissioner and shall not in any way diminish or in any other way injure, or make any permanent alteration upon his holding without the written consent of the Deputy Commissioner. ### 5. The lessee shall keep intact and well defined the boundaries of the said premises and shall from time to time on receipt of notice from the Deputy Commissioner point these out to any officer or person duly authorised by him in writing to inspect them. ### 6. In the event of the lessee failing to any instalment of rent on or before the dates herein fixed for such payments, such arrears shall without prejudice to any other right or remedy of the lessor carry interest at the rate of 6¼ per cent per annum from the date on which the same became payable until payment. ### 7. The lessee shall not erect any building or make any addition to or any alteration in or demolish or remove any building now or hereinafter to be erected on the demised premises without the previous consent of the Deputy Commissioner in writing. The building shall be constructed in accordance with specification and plans approved beforehand by the Deputy Commissioner. On breach of this condition the lessor may without prejudice to any other right or remedy require the lessee on one month's notice in writing to demolish any such building or addition and restore the altered premises to their former conditions and the lessee shall not be entitled to any compensation whatsoever in respect thereof. ### 8. The lessee shall maintain all buildings whether standing on the demised premises at the time of the execution of the lease or erected during the currency of the lease in proper repair. On the lessee failing to do so without good reasons the Deputy Commissioner will have power, to repair the building through whatever agency he may think proper and realise the cost from him as a public demand. ### 8A. The lessee shall not without the sanction of the Deputy Commissioner conduct or permit to be conducted on the land any trade or business whatsoever or use the land or permit the same to be used for any purpose other than that of a private dwelling house. [Note. - A Khasmahal holding shall be deemed to be used for commercial purposes when it is utilised by the lessee for business with a capital outlay of Rs. 5,000 and a monthly income of Rs. 300 and where other persons or assistants are employed or where a portion of the land or building is let out for business purposes.] [Inserted by C.S. No. 4 dated 24.3.1954.] ### 9. The Deputy Commissioner may cancel the lease if the buildings are not completed within two years of the date on which it was executed or within such further time if any, as the Deputy Commissioner may allow. On such cancellation the Deputy Commissioner may by notice in writing require the ex-lessee to remove within a reasonable time any buildings which have been commenced and not completed or the materials which may have been collected on the land, and if he fails to comply with such notice the Deputy Commissioner after giving a further notice in writing specifying a time not less than one month from the date of service of the notice within which such buildings or materials shall be removed may cause such removal to be effected and recover the cost from him. ### 10. If the lessor at any time before the expiration of this lease is desirous for any public purpose of resuming possession of the said demised premises or any part thereof and shall under the hand of the Deputy Commissioner serve notice of such desire on the lessee and shall tender him compensation for any building or other improvement which he may have erected or made with the written consent of the Deputy Commissioner or for any deterioration in the value of his holding caused by severance or for such other loss as to the Deputy Commissioner may seem equitable, the lessee shall within three months from the date of receipt of the notice aforesaid vacate the said demised premises or such part thereof as is specified in the said notice. In case of disagreement as to amount of compensation aforesaid the matter shall be referred to the Commissioner whose decision shall be final. ### 11. The lessee shall pay all Municipal and other local rates and taxes that may for the time being be assessed or charged upon the holding or the building erected thereon. ### 12. On breach or non-observance of any of the terms or conditions aforesaid excepting conditions mentioned in clauses 3, 5, 6 and 8 the Deputy Commissioner may re-enter upon the said demised premises and may determine the lease. Provided that in case of such re-entry and determination except on breach of the conditions in clauses 2 and 7, the lessee shall be entitled to compensation for standing crop and trees planted by him and for all buildings erected and other improvement made by him with the consent of the Deputy Commissioner, the amount of such compensation to be fixed by the Deputy Commissioner whose decision shall be final and conclusive. ### 13. [ln the event of any breach or infringement of any of the conditions aforesaid the lessee shall in addition and without prejudice to any other remedy of the lessor, be liable to a fine by way of liquidated damages a sum not exceeding Rs. 250 to be imposed by the Deputy Commissioner.] [Substituted by C.S. No. 8 dated 21.10.1955.] Any fine so imposed shall be recoverable under the provisions of the Bihar and Orissa Public Demands Recovery Act, 1914]. ### 14. [ If three months prior to the expiration of the said term the lessee shall notify the Deputy Commissioner that he is desirous of taking a new lease of the said premises and shall have duly observed and performed all the terms and conditions of this lease he shall on the expiry of the term of this lease be entitled to an unlimited option of renewal of the lease of the said premises at an interval of every 30 years on the express condition that Government shall have the full right to increase the rate of rent not exceeding double the amount of the previous rent at every renewals but otherwise on the said terms and conditions and subject to the same convenants and agreements, including this covenant for renewal as are continued in this lease. In the event of the lessee not taking a new lease as aforesaid on the expiry of the period of 30 years, the lessee shall not be entitled to any compensation for any buildings structures or improvements erected or made by him upon the said premises, nor shall be entitled to dismantle or remove any such buildings or structures and the Deputy Commissioners may re-enter on the said premises and take possession of lands, buildings and structures which shall thereupon vest absolutely in the lessor. But if the lessee wants the lease to be renewed it would be renewed provided of course he had fulfilled the terms and conditions of the lease, and was prepared to pay if so desired by Government higher rent within the limit specified above. If, however, Government want to resume the land under clause 10 of the lease, they would have to pay compensation to the lessee as provided for under that clause.] [Substituted by C.S. No. 1 dated 11.12.1953.] ### 14. In the event of a military cantonment being established in Hazaribagh nothing in this indenture shall render the lessee exempt from the operation of all cantonment laws and regulations for the time being in force and all lawful orders of the military authority. ### 16. The lessee shall not cultivate any wet crop on his holding. (16) Form of lease for Daltonganj town Khasmahal This indenture made the day of between the Government of Bihar (hereinafter called the lessor which expression shall, where the context so admits or implies, include his successors in office and assigns) of the one part and son of (hereinafter called lessee which expression shall, where the context so admits or implies, include his heirs, executors, administrators, representatives and assigns) of the other part. \Where the lessee has applied for permission to occupy for the purposes- the lands and premises specified in the first part of the Schedule hereunder written and whereas the said application has received the sanction of Deputy Commissioner and whereas the lessee paid a sum of Rs as salami. Now this indenture witnesseth that the lessor doth hereby demise unto the lessee all the lands and premises as specified in Part I of the Schedule with these appurtenances. To hold the same unto the lessee from the day of for the term of 30 years or until a new settlement is made whichever is earlier, yielding and paying therefor a clear yearly rent of Rs and the lessee hereby convenants with the lessor that he will perform and observe the terms and conditions set forth in the second part of the said Schedule. In witness whereof the said parties have hereunto set their hands and seal the day and year first above written. Signed by...... Deputy Commissioner. Signed by- Lessee for and on behalf of the Governor of Bihar In the presence of In the presence of The Schedule above Referred to Part I – . - Specification of the Holding with the Trees thereon ------------------------------------------------------------------ Name of block Number of plot Situation of plot. Boundaries of plot. Area of plot. Amount of rent assessed. Number of trees of each kind. Part II – Terms and conditions. --------------------------------- \\ 1. The lessee shall pay to the Deputy Commissioner of......the said rent of Rs.............without any deduction in the following instalments:- ### 2. Except with the previous sanction of the Deputy Commissioner in writing and on payment of a fee equal to 25 per cent of the yearly rental (provided that no such fee shall be less than a rupee or more than Rupees 100), the lessee shall not transfer, assign, sublet or part with the possession of the said demised land and premises or any part thereof: Provided that the previous sanction in writing of the Deputy Commissioner shall not be required if the said demised land and premises are transferred, assigned, sublet or otherwise conveyed from the possession of the lessee in one parcel and to a transferee, assignee or sub-lessee who will himself occupy them for the same purpose as that for which they were demised by the lessor to the lessee. In the case of succession by inheritance no fee as aforesaid shall be payable, the person succeeding shall apply forthwith to the Deputy Commissioner (or the Sub-divisional Officer) for mutation of names and such application shall bear the Court-Fee Stamp prescribed by law: Provided also that previous sanction in writing of the Deputy Commissioner shall not be required to the sub-leasing of the said demised premises temporarily for a period not exceeding 6 months in all or to the sub-leasing of orchard or gardens temporarily to fruit or vegetables sellers: Provided also that when the Deputy Commissioner refuses to accord his sanction under this clause, he shall record his reasons in writing and an appeal shall lie to the Commissioner. ### 3. The lessee enjoy the fruits of all trees upon the said demised premises, but shall not cut down or in any way injure them without the previous permission of the Deputy Commissioner in writing. In the event of any breach of this condition the lessee shall be liable to pay a penalty to be fixed by the Deputy Commissioner not exceeding three times the value of the tree cut or injured. ### 4. The lessee shall not without the previous permission of the Deputy Commissioner in writing make any excavation or cause any alteration to be made in the said demised premises that will in any way diminish, injure or permanently affect them or permanently alter their character. ### 5. The lessee shall keep intact and will define the boundaries of the said premises and shall from time to time when required by the Deputy Commissioner point these out to any officer or person duly authorised by him in writing to inspect them. ### 6. In the event of the lessee failing to pay any instalment of rent on or before the dates herein fixed for such payments, such arrears shall without prejudice to any other right or remedy of the lessor carry interest at the rate of 6 ¼ per cent per annum from the date on which the same become payable until payment. ### 7. The lessee shall not erect any building or make any addition to or any alteration in or demolish or remove any building now or hereafter to be erected on the demised premises without the previous consent of the Deputy Commissioner in writing the building shall be constructed in accordance with specification and plans approved beforehand by the Deputy Commissioner: Provided that this sanction shall be recorded unless the said erection, addition, alteration or removal has the effect of creating inconvenience, or a nuisance, or is so unsightly as to be an offence to the public. On breach of this condition the lessor may without prejudice to any other right or remedy require the lessee on one month's notice in writing to demolish any such building or addition and restore the altered premises to their former condition and the lessee shall not be entitled to any compensation whatsoever in respect thereof. ### 8. The lessee shall maintain all buildings whether standing on the demised premises at the time of the execution of the lease or erected during the currency of the lease in proper repair. If the lessee fails to do so without any good reasons, the Deputy Commissioner may repair the building through any agency which he may think proper and realize the cost from the lessee as a public demand. ### 8A. [ The lessee shall not without the consent of the Deputy Commissioner conduct or permit to be conducted on the land any trade or business whatsoever or use the land or permit the same to be used for any purpose other than that of a private dwelling house. Note. - A Khasmahal holding shall be deemed to be used for commercial purposes when it is utilised by the lessee for business with a capital outlay of Rs. 5,000 and a monthly income of Rs. 300 and where other persons or assistants are employed or where a portion to the land or building is let out for business purposes.] ### 9. The Deputy Commissioner may cancel the lease, if the buildings are not completed within two years of the date on which it was executed or within such further time, if any, as the Deputy Commissioner may allow. On such cancellation the Deputy Commissioner may by notice in writing require the ex-lessee to remove within a reasonable time any building which may have been commenced and not completed or the materials which may have been collected on the land, and if he fails to comply with such notice the Deputy Commissioner, after giving a further notice in writing specifying a time not less than one month from the date of service of the notice within which such buildings or materials shall be removed, may cause such removal to be effected and recover the cost from him. ### 10. The lessee shall pay all municipal and other local rates and taxes that may for the time being be assessed or charged upon the holding or building erected thereon. ### 11. On breach or non observance of any of the terms or conditions aforesaid excepting the conditions in clauses 3,5, 6 and 8 the Deputy Commissioner may reenter upon the said demised premises and may determine this lease: Provided, that in case of such re-entry and determination except on breach of the conditions in clauses 2 and 7 the lessee shall be entitled to compensation for all standing, crops and trees planted by him and for all buildings erected and other improvement made by him with the consent of the Deputy Commissioner, the amount of such compensation to be fixed by the Deputy Commissioner, whose decision shall be final and conclusive. ### 12. [ In the event of any breach or infringements of any of the conditions aforesaid the lessee shall in addition and without prejudice to any other remedy of the lessor, be liable to a fine by way of liquidated damages a sum not exceeding Rs. 250 to be imposed by the Deputy Commissioner.] [Substituted by C.S. No. 8 dated the 21st October, 1955.] ### 13. [ If three months prior to the expiration of the said terms the lessee shall notify the Deputy Commissioner that he is desirous of taking new lease of the said premises and shall have duly observed and performed all the terms and conditions of this lease he shall on the expiry of the term of this lease be entitled to an unlimited option of renewal of the lease of the said premises at an interval of every 30 years on the express condition that Government shall have the full right to increase the rate of rent not exceeding double the amount of the previous rent at every renewals but otherwise on the said terms and conditions and subject to the same covenants and agreements, including this covenant for renewal as are contained in the lease. In the event of this covenant for renewal as are contained in the lease. In the event of the lessee not taking a new lease as aforesaid on the expiry of the period of 30 years, the lessee shall not be entitled to any compensation for any buildings, structures or improvements erected or made by him upon the said premises, nor shall be entitled to dismantle or remove any such building or structures and the Deputy Commissioner may re-enter on the said premises and take possession of the lands, building and structures which shall thereupon vest absolutely in the lessor. But if the lessee wants the lease to be renewed it would be renewed provided of course he had fulfilled the terms and conditions of the lease and was prepared to pay if so desired by Government higher rent within the limit specified above. If, however, Government wants to resume the land under clause 15 of the lease, they would have to pay compensation to the lessee as provided for under that clause.] [Substituted by C.S. No. 1 dated 11.12.1953.] ### 14. The Deputy Commissioner may prohibit the cultivation of any wet crop on the said demised premises. ### 15. If the lessor at any time before the expiration of any lease is desirous for any public purpose of resuming possession of the said demised premises or any part thereof, and shall under the hand of the Deputy Commissioner serve notice of such desire on the lessee and shall tender him compensation for any building or other improvement which he may have erected or made with the written consent of the Deputy Commissioner or for any deterioration in the value of his holding caused by severance or for such other loss as to the Deputy Commissioner may seem equitable, the lessee shall within three months from the date of receipt of the notice aforesaid vacate the said demised premises or such part thereof as is specified in the said notice. In case of disagreement as to the amount of the compensation aforesaid the matter shall be referred to the Commissioner whose decision shall be final. \* Here state succinctly the object of the tenancy. \\ Where the local rent is below Rs. 5, it should be paid in one instalment on or before the 15th of January. Appendix A (17) Form of Indenture to be used in Sarkari Hata Government Estate, Hazaribagh (In case of orchard lease only) This indenture made the day of 200 between the Governor of Bihar (hereinafter called the lessor which expression shall, where the context so admits or implies, include his successors in office and assigns) of the one part and son of hereinafter called the lessee which expression shall, where the context so admits or implies, include his heirs, executors, administrators, representatives (and assigns) of the other part. \| \| \| --- \| \| Whereas the lessee has applied\| for renewal of his leasepermission to occupy\| for the purpose of orchard, the lands and premises, \| specified in the first part of the Schedule hereunder written and has paid a sum of Rs as salami and whereas the said application has received the sanction of the Government of Bihar conveyed in letter.,dated.. Now this indenture witnesseth that the lessor doth hereby demise unto the lessee all the lands and premises as specified in Part I of the Schedule with these appurtenances. To hold the same from the day of 200 for the term of .....................years yielding and paying therefor a yearly rent of Rs and the lessee hereby covenants with the lessor that he will perform and observe the terms and conditions set forth in the second part of the said Schedule. In witness whereof the said parties have hereunto set their hands and seals the day and year first above written, signed, sealed and delivered by the Deputy Commissioner of Hazaribagh for and on behalf of the Governor of Bihar in the presence of Signed, sealed and delivered by the above mentioned lessee in the presence of Signature of lessee. Signature of witness Signature of lessor Signature of witness. The Schedule above Referred to Part I – Specification of the Holding --------------------------------------- Name of village- Number of holding- Situation of holding- Number of plot Boundaries of plot- Area of plot- Account of rent assessed- Number of trees of each kind- Part II – Terms and Conditions -------------------------------- ### 1. The lessee will pay to the Deputy Commissioner of Hazaribagh the said rent of Rs without any deduction on or before the 15th January 200......... ### 2. Except with the previous sanction of the Deputy Commissioner in writing and on payment of a fee equal to 25 per cent of the yearly rental (provided that no fee shall be less than rupee one or more than Rs. 100) the lessee shall not transfer, assign, sublet or part with the said demised land and premises or any part thereof: Provided that no previous permission of the Deputy Commissioner in writing will be necessary for letting out the orchard or vegetable garden of fruit and vegetable seller for season. Provided also that when the Deputy Commissioner refuses sanction under this clause, he shall record his reasons and an appeal will lie to the Commissioner. In case of succession by inheritance no fee as aforesaid shall be payable. The person succeeding shall apply to the Deputy Commissioner for mutation of names and such application shall bear the court-fee stamp prescribed by law. ### 3. The lessee shall enjoy the fruits and trees and he may also cut down the trees planted by him without the permission of the Deputy Commissioner and may appropriate the timber. ### 4. The lessee shall not make any structure on the said land without the sanction of the Deputy Commissioner except the shed of garden the plan of which shall be submitted to the Deputy Commissioner for approval prior to any construction being started. On breach of this condition the lessor may without prejudice to any other right or remedy require the lessee on one month's notice in writing to demolish any such structure and to restore the altered premises to their former condition and the lessee shall not be entitled to any compensation whatsoever in respect thereof and in the event of his failure to do so the lessor shall re-enter upon the said land and determine the lease. ### 5. In the event of the lessee failing to pay the rent on or before the date herein fixed for such payments, such arrears shall without prejudice to any other right or remedy of the lessor carry interest at the rate of 6% and a quarter per cent per annum from the date on which the same became payable until payment. ### 6. That in case the land settled hereunder or any portion thereof be needed at any time by the lessor for any public purpose the lessee shall on receipt of one month's notice from the lessor forthwith vacate the land and shall be entitled to claim compensation for any trees or fruit or flowers grown by him. The decision of the lessor as to the compensation fixed shall be final and conclusive. ### 7. The lessee shall not use the land let out hereunder or permit, the same to be used for any purpose other than orchard or garden and shall not use in such a way as to make it unfit for the purpose for which it has been settled. On breach of this condition the lessor shall enter and take possession of the said land without any notice or reference of any kind whatsoever and the lessee shall not be entitled to claim any damage or compensation for the same. ### 6. Six months prior to the expiration of the said term the Deputy Commissioner shall issue a notice on the lessee to state whether he is desirous to renew the lease. If within three months from the date of issue of this notice the lessee shall notify the Deputy Commissioner that he is desirous of taking a new lease of the said premises and shall have duly observed and performed all the terms and conditions of this lease, he shall be entitled to renewal of the lease for another term of 30 years and to similar renewals at intervals of 30 years with a revision of rent at the end of such period the enhancement at each renewal being limited to 100 per cent of the rent paid for the previous terms and the total being limited to a period of 90 years. Signed by the Deputy Commissioner on behalf of the Governor. Appendix 'A' (18) [Lease and bond to be executed by lessee in respect of land/plots in Industrial Areas in Bihar] [Inserted by Resolution No. 18278 dated 19.8.1966.] This bond has been executed by.............(hereinafter) called the debtor which term shall include his heirs, successors, assignees (of the one part) and the Governor of Bihar which term shall include his successors in office (hereinafter called the creditor) on the following terms and conditions:- Whereas the State of Bihar has acquired land in for development of industries. And Whereas as per scheme of development, the State Government has to construct roads for communication purposes, lay sewerage and water pipes, construct electric lines, etc. And Whereas the total cost of land therefore, when it has been developed, would be the cost of acquisition plus the proportionate cost of facilities for communication, water supply, electric supply and sewerage etc., and such other expenditure as may be decided to be a part of the scheme of development by the State Government. And Whereas the Government has advertised for a submission of application for allotment of factory space in.. And Whereas the debtor has applied for allotment of a factory space and has been allotted space measuring feet and the lessee has paid the acquisition price of the land premium or Salami for the land together with the tentative cost of development. Now, therefore, this bond witnesseth as follows: (i) That the debtor is held and firmly bound to Governor of Bihar to pay the amount of money which would be in excess of the development cost already paid on the basis of the actual cost of development for the land settled and also to pay the amount of money or such other dues as may be subsequently found to be payable by the debtor on the basis of terms of deed of lease executed by the debtor; (ii) That the debtor will pay the said amount within a period of three months of the receipt of demand notice or in case instalments have been fixed by State Government to pay on due dates on which instalments fall due and hereby mortgage the piece of land allotted which shall be the first charge on the same "Pari Passu" along with other debts to be erected by the debtor with the consent and permission of the Governor. (iii) That in case of non-payment of the aforesaid amount within the period as above fixed the Governor of Bihar will have the right to forfeit the lease or allotment of the land and realise the sum of money unpaid by sale of the land and structures thereon or from other properties of the allottee movable and immovable under the provisions of the Bihar and Orissa Public Demands Recovery Act. (iv) That decision the State Government will be final as to what constitute the scheme of development and the different items of cost thereof as mentioned in the aforementioned paragraph of the bond. In witness where of the debtor executes this bond and puts his signature :- Witnesses;- (1) (2) Appendix A (18) The Indenture made this the day of....one thousand nine .hundred and....between the Governor of Bihar (hereinafter called the "Lessor1 which expression shall where the context so admits or implies, include his successors in-office and permitted assigns) of the ONE PART And carrying on business at and having its/their registered office at hereinafter called the "Lessee' which expression shall where the context so admits or implied include his/their successor (s), legal representative and the permitted assigns of the Other Part. Whereas the lessee has applied for the lands described and specified in Part I of the Schedule appended hereto together with all rights, easements and appurtenances thereto belonging expect and reserving upto Lessor all mines, minerals in and under the said land or any part thereof for establishing a factory for manufacture of... Now This Indenture Witnesseth In consideration of, the payment to the lessor by the lessee of the premiums of salami of Rs calculated at Rs per acre (including proportionate) development cost of the area at Rs (Rupees ) per acre on or before the execution of these presents and of the rent hereby reserved and of the covenants and agreements on lessor both hereby demise unto the lessee all that piece of land mentioned and described in Part I of the Schedule. Schedule 6 ------------ Part I – Details of the lands to be leased out hereinafter referred as "the said lands." ------------------------------------------------------------------------------------------ \Cross out what does not apply. Part II – Terms Of Conditions Of the Lease -------------------------------------------- ### 1. That the lease of land detailed in Part I of Schedule is given for ninety nine years to the lessee by the lessor subject to renewal at the option of either party for such period as may be mutually agreed upon. ### 2. That the lessee would pay to the State Government the proportionate cost of development of land so leased which would include the cost of construction of roads for communication purposes, laying of sewerage and water pipes, construction of electric lines, etc. and such other expenditure as may be decided to be part of development cost by the State Government. The decision of the State Government as to what would constitute the development cost would be final. Such cost would be subject to revision by the State Government periodically and the revised cost would be applicable to lessees applying for land after such revision of cost. ### 3. That in case the actual cost of the development, if any, cannot be finally determined for any reason at the time the lessee is put in possession of the land, the lessee shall pay the tentatives cost of development as may be fixed by Government and shall also execute a bond in favour of the lessor undertaking to pay on demand the balance of the cost of development of the land as and when finally determined by Government on the basis of actual cost of development along with such other dues, if any, that may be found to be payable by the lessee in terms of the lease. ### 4. That the lessee shall pay annually to the State Government or their nominee as rent, the sum of Rs the rate of Rs. 50 per acre in one instalment on or before 31st, March every year. The said rent is liable to be revised every twenty years in accordance with provision of law or any rules framed by Government of Bihar, as may be in force for the time being and in the absence of any such law or Rules as may be fixed by the lessor. ### 5. If and whenever any part of the rent hereby reserved shall be in arrear the same may be recovered from the lessee as an arrear of land revenue under the provisions of the Bihar Public Demands Recovery Act. ### 6. The lessor and the lessee hereby covenant and agree as follows: (i) That the lessee will not assign, mortgage underlet or part with the possession over the land or any right or interest therein or in respect thereto without the previous consent of the lessor or his nominee. (ii) No change in the lease proprietorship if it is private limited or unlimited company or a registered or unregistered firm, shall be recognised without the previous written consent of the lessor or his nominee. (iii) If the lessee assigns its lease hold interests with the written consent of the lessor in the land described in Part I of the Schedule hereunder written, the assignee shall duly get his, its or their names or names registered with the Lessor or his nominee within four calendar months after obtaining possession of the holding and will possess and use the land and the bound by all terms, covenants and conditions herein contained. (iv) That if subsequently any part or part of the said land is/are required by the State Government for a public purpose (of which matter the State Government shall be the sole judge), the lessee shall on being asked by the State Government transfer to them such part or parts of the said land as the State Government shall specify to be necessary for the purpose aforesaid and in consideration of such transfer the State Government shall pay back to the lessee a sum proportionate or equal, as the case may be, to the cost of land its development, if any, earlier realised from him, together with compensation for the building and other structures erected with approval in writing of the lessor or its nominee on such part or parts of the land at a valuation to be determined by the State Government on a report from a Civil Engineer,authorised by them in this behalf and the decision of the State Government shall not be questioned by any authority : Provided that for the purposes of this sub-clause the State Government would be entitled to resume only such part or parts of the land leased out to the lessee as were not actually being used for the purposes of the manufactory or/are not essentially required for any purpose connected with the Industry. (v) If at any time the said land or any part or parts thereof shall no longer be required by the lessee for the purpose for which it is leased out to him the lessee shall, shile selling or assigning the said land or such part or parts thereof as aforesaid first make an offer of the same to the State Government at a price proportionate or equal, as the case may be, to the cost of the land and its development, if any realised earlier from him, and he shall not make any sale or assignment thereof to any other party unless such offer shall have been declined by the State Government. When such offer has been made by the lessee, the State Government may accept it in respect of such part or parts of the land so offered as it may deem fit and decline it in respect of the remainder. When the first offer of selling or assigning said land or such part or parts thereof as aforesaid has been declined by the State Government the lessee while selling or assigning the said land or such part or parts thereof as aforesaid to any other party shall do so with prior approval of the State Government. (vi) If the State Government accept the offer made under the foregoing clause, the lessee shall be entitled within six months from the date on which acceptance is communicated to him, to remove all buildings or structures erected on the said land or part or parts thereof, unless the State Government also wish to accept the standing building and structures in which case the lessee shall be entitled to compensation for those in accordance with the valuation, as indicated in clause (iv) above. (vii) That the lessee will not make any excavation upon any part of the said land hereby demised nor remove any stone, sand, gravel, clay, or earth therefrom except for the purposes of digging foundation of buildings or for the purposes of executing any work pursuant to the terms of this lease. (viii) That the lessee shall at his own cost construct and maintain an access road leading from the State road to the said land in strict accordance with specification and details prescribed by the lessor or his nominee. (ix) That no building or erection to be erected hereafter shall be commenced unless and until specifications, plan elevations, sections, and details thereof shall have been submitted by the lessee in triplicate for scrutiny of and be approved in writing by the lessor or his nominee: Provided that if the decision of the lessor or his nominee is not available within 45 days of the submission of the plan etc., it would be presumed that the lessor or his nominee has no objection to the commencement of the building or erection, as the case may be. (x) Both in completion of any such building or erection and at all times during the continuance of this demise, lessee shall observe and conform to the building regulations and to all bye-laws Rules and regulations of the municipality in existence or to be framed by the Department of Industries, Government of Bihar or any authority authorised by the Department of Industries to frame such rules or having authority in this behalf, and any other Statutory Rules or regulations as may be in force for the time being relating in any way to the demised premises and any building thereon. (xi) The lessee shall submit the plan for building or erection within years months of the delivery of possession of land to the lessee by the lessor: Provided that the lessor may extend the period for submission of the plan for building or erection on the individual merits of the case. (xii) That the lessee shall correctly mark and keep demarcated the boundaries of the said lands and point them out to the inspecting officers of Government. (xiii) That the lessee shall not, except with the written consent of the lessor or his nominee, use the land for any purposes other than those specified above, subject to such restrictions and conditions as may be enjoined by different laws which are, or may be enforced. (xiv) That the lessee shall use the land for specified purpose within a period of years from the date of the lease failing which the lease may be terminated and the lessee evicted from the lands without notice., in case extension is required it can be granted within the discretion of the lessor. (xv) That the lessee shall provide reasonable facilities for the training of local people in his factory. (xvi) Other things beings equal the lessee shall give preference to the local people in employment in his industrial undertaking. ### 7. In case of breach of the lessee of any of the terms and conditions, the lessor shall have right to resume and enter upon the whole of the said land without payment to any compensation to the lessee and upon such a re-entry the interest of the lessee in the said land shall cease and determine: Provided that lessee shall be given by the lessor reasonable opportunity to show cause and to rectify the omission or defects if any. ### 8. In the event of re-entry by the State Government the lessee shall be entitled to remove within six months from the date of such re-entry all buildings, structures, installations, machinery and other assets from the said land. ### 9. Should any dispute or difference arise concerning the meaning or interpretation of any clause or provision contained in this lease the same shall be referred to the State Government on such dispute or difference shall be final, conclusive and binding on the parties hereto. ### 10. That the lessee paying the rent and other charges and observing the several covenants and condition contained in these presents shall hold and enjoy the lands up to the terms of the lease without interruption by the lessor or by any person lawfully claiming under him. ### 11. That the lessor and lessee shall have their right subject to the liabilities of a lessor and a lessee respectively in accordance with Section 103 of the Transfer of Property Act, 1882 except clauses [i] and [h] thereof, and it is hereby declared that the lessor shall have the fullest liberty to postpone for any time, and from time to time, any action open to him under any of the powers exercisable by him against the lessee, and to either enforce or forbear any of the conditions and convenants contained in those presents. The Cost and expense incidental to the preparation, execution and registration of this lease deed shall be borne and paid by the lessee. In Witness Whereof The common seal of the has hereunto been affixed and those presents signed Witnesses for and on behalf of the (1) ......... (2) ......... In Witness Whereof The hand of Shri Secretary to Government of Bihar has been affixed on Department for and on behalf of the Government of Bihar has been affixed on the date and year first above written. Secretary to Government For and on behalf of the Government of Bihar Witnesses- (1) ......... (2) ......... [Standard form of lease for settlement of Ghats.] [Inserted by letter No. 4689, L.R. dated 17.5.1956.] The Collector of as representing the Governor of Bihar, doth hereby lease, to hereinafter called the lessee, son of...., village P.S district.......... by caste and by profession and I the said lessee do hereby take the lease of the private ferry, mentioned in the attached schedule at the annual rental of Rs only upon and under the following terms and conditions, viz :- (1) Clause I in case where the rent is over Rs. 500, in other case clause 2 will be clause I and so on.-I, the lessee, have deposited Rs (one-forth of the yearly rent) with the stipulation that the Collector shall hold the same until the determination of the lease, as partial security for the due performance by me of the stipulations herein contained and for the observance by me of the provisions of the Bengal Ferries Act (Act I of 1885) and the rules framed under it, and may forfeit it on my non-performance of the aforesaid stipulation and non-observance of the aforesaid provisions and Rules. (2) I, the lessee, do hereby acknowledge to have received a list of the tolls to be levied at the ferry. (3) The lease to me is to be for one year, namely, from the 1st April to the 31st march and during this period, I shall be bound to ply the ferry from the 1st April to the 31 March...... (4) I hereby agree- (a) to provide Melhanies, Ekthas and boats in such number and of such description, as specified by the Collector or any officer authorised by the Collector to do so in writing and to keep them always in good order and proper state of repair to the satisfaction of the Collector or any officer authorised by the Collector in his behalf and to comply with any order of the Collector or any officer authorised by him to do so prohibiting the use of the Melhani, Ektha or boat and the like with a view to secure adequate and safe conveyance of passengers, animals and vehicles and such weight as I am entitled to carry in them, in accordance with this agreement and the Bengal Ferries Act, 1885 (Act 1 of 1885) and the rules made thereunder, over the ferry; (b) to employ such crew on each Melhani, Ektha and boat and to provide such equipment for each Melhani, Ektha or boat as the Collector or any officer authorised by the Collector may require and to comply with the orders of the Collector or any officer authorised by him regarding removal from employment under me of any crew or agent appointment by me, to ply the ferry, Melhari, Ektha or boat; (c) to make at least crossing every day at regular intervals and to make arrangements that the Melhanies, Ekthas and boats should start punctually from the landing places; (d) to provide and keep in order the landing stages, the travellers sheds on either or both banks of the ferry and the slopes and approaches to, the ferry as required by the rules: (e) to ply Melhanies, Ekthas and boats between sunrise and sunset and to provide each boat with light exhibited in a conspicuous part of the vessels mentioned above, if plying after sunset; (f) not to ply the ferry when the current, wind or the state of the weather is such as to render the crossing unsafe or endanger the lives of the passengers and safety of freight; (g) to report without delay to the police-station within whose jurisdiction the ferry is situated, the occurrence of any accident at the ferry resulting in serious injury or loss of lives; (h) to affix in a conspicuous place where the tolls are taken near each of the landing stages a notice board showing- (i) list of tolls which I am authorised to demand; (ii) entries made in the register showing- (1) the period of the lease, (2) number and description of the Melhanies, Ekthas or boats which I am required to provide, (3) number of crew required to be employed on each Melhani, Ekthas or boat and equipments required to be provided therefor, and (4) number of passengers, animals and vehicles and bulk and weight of other goods which each is authorised to carry at single trip (entries relating to each boat to bear separate serial number); (iii) to mark on each Melhani, Ektha or boat, the number of passengers, animals, vehicles and bulk and weight of other things it is authorised to carry at single trip. (5) I shall not charge or demand tolls for ferrying ever- (a) mails, mail-carts, dak-runners and Government telegraphs messengers on duty; (b) persons or property mentioned in Section 3 of the India Tolls (Army) Act, 1901; (c) police and other public servants, process serving peons, Gram Panchayat officials, village-chaukidars and employees of District and Local Boards when travelling on duty with their bona fide baggage, horses, or other conveyances; (d) persons engaged in repairing roads, with their tools and instruments. (6) I shall not charge or Demand tolls from persons who made or swim across, or take cattle or other animals or property across at their own cost and risk, or from persons who cross themselves, or take other persons across without charge in their own boats or from persons crossing the river bed when it becomes dry or fordable provided that they do not use bridges or bambootatters, if any, put up by me. A small charge, as determined by the District magistrate, will, however, be levied by me on vehicle-owners, who cross the river bed when dry or fordable by bridges or over-bamboo matting put up by me. (7) If rent is made payable in instalments which should not exceed 4 quarterly instalments in a year, it shall be payable on the 1st day of each quarter.-I hereby agree to pay the full rent in advance or in one or more instalments, as specified by the Collector or any officer authorised by the Collector to do so, into the District Treasury to the credit of the State of Bihar and further agree to file in the office of the Circle Officer within two days after the due date of Payment, as specified by the Collector, to do So, a duplicate challan or treasury receipt in proof of such payment. But if at any time before the expiry of the period for which the ferry has been leased to me, I, be removed therefrom for any breach of the terms and conditions of the lease or for any wilful breach of any of the rules made under Section 15 of the Bengal Ferries Act (Act I of 1885), I shall be liable to pay rent up to the instalment due next after my removal, if the rent has been made payable in instalments. If, however the full rent has already been realised in advance I shall not be entitled to refund of any part of it. (8) If the rates of tolls are reduced during the currency of my lease or the exemptions from the payment of tolls are extended this agreement will stand modified accordingly. I shall be given a fair opportunity of satisfying the Collector or any other officer authorised by the Collector to act on his behalf as to the effect of the change and if the terms proposed by him thereafter are not such as I can reasonably accept. I shall immediately carry into effect the orders reducing the rates of tolls or extending the exemption from payment of toll, but shall at the same time state the amount or rent I may be willing to pay under the altered circumstances of the case. Should my officer appear to the Collector or any officer authorised by the Collector to act on his behalf to be inadequate, it shall be competent to him to remove me and place another person-in-charge of the ferry and for such time as I am allowed to remain in charge of the ferry after the issue of order reducing the rates of tolls, or extending the exemptions from payment of toll, I shall pay rent only at the rate tendered by him. (9) in case where clause I of this draft is kept in an agreement.-If I make default in the payment of the rent for the ferry or any penalty which may be lawfully imposed or if I do not observe and perform the covenants, herein contained, it shall be lawful for the Collector or any officer authorised by the Collector to act on his behalf, to remove me from the charge of the ferry and to settle the same with some other person or hold it Khas. At such removal I shall not be entitled to any part of proceed of the ferry or to levy any toll therefor. And if the rent relating the ferry falls short of the amount at which it was leased to me, and the State Government thereby incur loss, I shall be held responsible for such difference of loss, the amount of which may be deduced from my deposit and if there be no deposit or the deposit does not cover the loss incurred, the rent due from me, all sums which I become liable to pay in virtue of this agreement shall be recoverable as a public demand under the provisions of the Public Demands Recovery Act, 1914. (10) It shall be lawful for the Collector to deduct the amount of rent which I may default to pay from my security deposit if a security deposit has been taken and to direct me to recoup the security deposit within a given time and on my failure to do so, recover the amount falling short of the security deposit from me as a public demand under the Public Demands Recovery Act, 1914. (11) I shall not assign, sublet or part with the possession of the ferry without the previous consent, In writing of the Collector. (12) I shall not claim any compensation on account of the roads being closed for repair or an account of inundations or the breaking down of bridges or on account of deficiency of water in the river on which the ferry is situated. In witness whereof the parties to these presents have hereunto set and subscribed their respective hands and seals the day and year first above mentioned. Collector For and on behalf of Governor of Bihar. (1) Witness (2) Witness Signature of lessee. (1) Witness. (2) Witness. Schedule 7 ------------ \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| Name of ghat \| Name of Thana in which the ghat is situated \| Tauzi No. \| Registry Office. \| \| \| \| \| \| Appendix B(1) List of Registers to be maintained at headquarters and tahsil offices. [See Rule 56] \| \| \| \| --- \| --- \| \| Reference to pages of the different Manuals for forms \| Registers to be maintained at \| \| Headquarters \| Tahsiloffice \| Remarks. \| \| Bihar Government Estates Manual, 1969 \| Register 1-A or 1-B Register of Miscellaneous demandsIndex Register of alteration of demand. ……………VIVIIVIIIIX-A Registers of wells, irrigation- embankments, etc., roads, bridges, markets, gardens, Bandhs and tanks. 892626-A27273232-A33(3) 45-A69-A738485 Guard files...Register of Cheque booksList of Government estates showing history Village note book...Khasra plot index16 inch map...1 inch map...Thana maps ... \| (1) Register 1-A or 1-B IIIII-AIII-BIVV[2]………… ……2626-A………………………… Rent receipt bookGuard files List of Government estates showing demand and Collection for last 5 years. ……16 inch maps.Thana maps. \| (1) Copy only of the entries of estate within theTahsil (2) If permitted by the Collector. (3) For Chota Nagpur only. \| \| “““““““““““““ \| (page 65)(page 6)(page 68-71)(pages 72-73)(page 74)(page 75)(page 76)(page 76)(page 76)(page 77)(page 78)(page 79)(pages 83-85) \| \| Bihar and Orissa Register & Return Manual, 1932. \| \| ““““““““““““““ \| (page 17)(pages 17-18)(page 31)(page 32)(page 32)(page 32)(page 34)(pages 34-35)(page 35)(page 45)(pages 53-54)(pages 56-57)(pages 58-59)(pages 59-60) \| (2) Register I-A Jamabandi Register or Rent-Roll (See Rule 57) Name, with thana number, of village and name of thana Bishenpur 126 Darauli. \| \| \| \| --- \| --- \| \| Total area of village. \| B. 802 C. 16 D.9. \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| Consecutive Number of Tenancy \| Nature of tenancy, i.e. whether of raiyat or tenure holder \| Names of the owners of the tenancy with father's names and residences \| Number in Register \| Land \| Total area of a holding \| Rent \| (1) Date ofpatta.(2) Period of current lease and date from which it took effect.(3) Number of case, and(4) Date of order. \| \| Plot number in map and khasra if known \| Area of each Plot \| Rent \| Local Cases \| \| Cultivated \| Uncultivated \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| 7 \| 8 \| 9 \| 10 \| 11 \| \| 38 \| Settledraiyat \| Brought forward.. \| ... \| ... \| B.C.D.… \| B.C.D.... \| B.C.D.116 29 \| Rs. P.… \| Rs. P.... \| (1) 16th October, 1940.(2)15 years from 10th October, 1940.(3) 8th of 1940.(4) 15th August, 1940. \| \| Ram Ratan Singh, and Hari Prasad Singh, sons of Rup Narayan Singh, residents of the village \| 4 3 \| 113 129 150 \| 5 3 7 2 11 3 \| 0 3 17 \| … 7 8 17 \| … 15 75 \| 0 50 \| ### 1. A separate page must be allotted to each tenancy to allow of corrections by mutation. ### 2. The amounts in Columns 9 and 10 must agree with corresponding entries in Register II. ### 3. Mutation in Columns 5, 6, 7 and 8 must be explained by a reference in the remarks column. ### 4. In this and all other registers, any special payments that may have been contracted for, such as addition to meet the cost of the patwari, embankment cess, etc., should, whenever practicable, be consolidated with the rent and shown separately. ### 5. The total of column 8 should be carried forward from page to page for the whole village. Register-I-B-Continuous Khatian (3) (See Rule 57) \| \| \| \| \| --- \| --- \| --- \| \| Village.....Pargana.....Thana.......Thana no. …...... \| Tauzino. .......Estate.....Patti...... \| Name of proprietor and no. in proprietary khewat........Name of tenure-holder and no. in tenure holders khewat, if any...... \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| Serial number ofkhatian \| Name, parentage, caste and residence, etc., of tenants \| Field \| Description of land \| Areas \| Remarks \| Rent Enter against each non-cash-paying plot how held) \| 1. Status : if non-occupancy, length of possession. 2. Rent how fixed and particulars if progressive. 3. Special conditions and incidents, if any. \| \| Khasranumbers \| Boundaries. \| A \| D \| As ascertained by the Revenue Officer 1. Rent2. Cess \| Fair rent, settled, if any 1. Rent2. Cess \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| 7 \| 8 \| 9 \| 10 \| \| \| Register No. II (4) Tenant's Ledger (See Rule 58) \| \| \| \| \| --- \| --- \| --- \| \| Area \| \| Annual \| \| {\| \| \| Year \| Bighas \| \| 1935-36... 1936-37... 1937-38... 1938-39... 1939-40... \| 10 9 11 ... ... \| \| \| \| \| \| --- \| --- \| \| Year \| Authority for changes \| \| 1935-36... 1936-37... 1937-38... 1938-39... 1939-40... \| ... ... ... Collector's No. 10, dated the 30th March, 1937 Collector's No. 1, dated the 5th December, 1938 Ditto Ditto Ditto ... ... ... \| \| \| \| \| \| --- \| --- \| \| Rent \| \| \| Rs. 30 27 28 33 \| P. 0 0 50 0 \| \|} \| \| \| \| \| --- \| --- \| --- \| \| Collections \| Description of items \| Rent \| \| Date \| Number of receipt of challan or money-order \| More than three years \| Third preceding years arrears \| Second preceding year's arrears \| Previous year's arrears \| Current \| Advance \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| 7 \| 8 \| 9 \| \| \| \| \| \| \| 1935-36 \| Rs. \| Rs. P. \| Rs. P. \| \| \| \| Demand\ \| … \| … \| … \| … \| 30 0 \| … \| \| 30thMay 1935 \| A, 1223 \| … \| … \| … \| … \| … \| 5 0 \| … \| \| \| \| Remission, Collector's No. 120, dated 12thOctober, 1935 \| … \| … \| … \| … \| 3 0 \| … \| \| 30thDecember, 1935 \| Ch. No. 18 \| … \| … \| … \| … \| … \| 10 0 \| … \| \| \| \| Total \| … \| … \| … \| … \| 18 0 \| … \| \| \| \| Balance \| … \| … \| … \| … \| 12 0 \| … \| \| \| \| \| \| \| 1936 - 37 \| \| \| \| \| \| \| Demand\* \| … \| … \| … \| 12 \| 27 0 \| … \| \| 2ndMay, 1936 \| B. 246... \| … \| … \| … \| … \| 10 \| ... \| … \| \| 10thSeptember, 1936 \| B. 360... \| … \| … \| … \| … \| 2 \| 15 0 \| … \| \| \| \| Remission Collector's no. 10, dated 5thNovember, 1936 \| … \| … \| … \| … \| 12 0 \| … \| \| 3rdmarch, 1937 \| C. 420... \| ... \| … \| … \| … \| … \| ... \| … \| \| \| \| Total \| … \| … \| … \| 12 \| 27 0 \| … \| \| \| \| \| … \| … \| 1937 - 38 \| … \| \| … \| \| \| \| Demand\* \| … \| … \| … \| … \| 21 0 \| … \| \| \| \| Ditto \| … \| … \| … \| … \| 1 0 \| … \| \| 10thOctober 1937 \| C. 139... \| ... \| … \| … \| … \| … \| 12 0 \| … \| \| 12thDecember, 1937 \| C. 425... \| ... \| … \| … \| … \| … \| 10 8 \| … \| \| \| \| Total \| … \| … \| … \| … \| 22 8 \| … \| \| \| \| \| \| \| 1938 - 39 \| \| \| \| \| \| \| Demand\* \| … \| … \| … \| … \| 21 0 \| … \| \| 15thSeptember 1938 \| E. 435... \| … \| … \| … \| … \| … \| 12 0 \| … \| \| 3rdFebruary 1939 \| E. 319... \| … \| … \| … \| … \| … \| 9 0 \| … \| \| \| \| Total \| … \| … \| … \| … \| 21 0 \| … \| \| \| \| --- \| \| {\| \| \| DEMAND \| \| \| \| \| LOCAL CESS \| \| \| \| \| ... ... ... ... ... \| Rs. 0 0 1 ... \| A. 15 13 0 \| P. 0 0 6 \| \| \| \| \| --- \| \| Holding No. 63. \| \| Name of Raiyat, Ram P Dhani Singh. \| \| Father's name, Ganesh Singh. \| \| Residing in Mauza Bishunpur. \| \|} \| \| \| \| --- \| --- \| \| Local Cess. \| Remarks \| \| Arrears of more than three years. \| Third preceeding year's arrears. \| Second preceeding year's arrears. \| Previous year's arrears. \| Current \| Advance \| \| 10 \| 11 \| 12 \| 13 \| 14 \| 15 \| 16 \| \| \| \| \| Rs. a. p. \| Rs. a. p. \| Rs. a. p. \| \| \| ... \| ... \| ... \| ... \| 0 15 0 \| ... \| \| \| ... \| ... \| ... \| ... \| 0 2 6 \| ... \| \| \| ... \| ... \| ... \| ... \| 0 1 6 \| ... \| \| \| ... \| ... \| ... \| ... \| 0 5 0 \| ... \| \| \| ... \| ... \| ... \| ... \| 0 9 0 \| ... \| \| \| ... \| ... \| ... \| ... \| 0 6 0 \| ... \| \| \| ... \| ... \| ... \| 0 6 0 \| 0 13 6 \| ... \| \| \| ... \| ... \| ... \| 0 5 0 \| … \| ... \| \| \| ... \| ... \| ... \| 0 1 0 \| 0 7 6 \| ... \| \| \| ... \| ... \| ... \| ... \| 0 6 0 \| ... \| \| \| ... \| ... \| ... \| ... \| ... \| 0 3 0 \| \| \| ... \| ... \| ... \| 0 6 0 \| 0 13 0 \| 0 3 0 \| \| \| ... \| ... \| ... \| ... \| 0 10 6 \| ... \| \| \| ... \| ... \| ... \| ... \| 0 0 0 \| ... \| \| \| ... \| ... \| ... \| ... \| 0 6 0 \| ... \| \| \| ... \| ... \| ... \| ... \| 0 5 3 \| 0 5 3 \| \| \| ... \| ... \| ... \| ... \| 0 12 0 \| 0 5 3 \| \| \| ... \| ... \| ... \| ... \| 0 11 0 \| ... \| \| \| ... \| ... \| ... \| ... \| 0 6 0 \| ... \| \| \| ... \| ... \| ... \| ... \| 0 5 3 \| ... \| \| \| ... \| ... \| ... \| ... \| 0 11 3 \| ... \| \| Instructions for filling in this form will be found in Rule 58. The only entry which requires explanation is that of 1937-38. Demand Re. 1.50, The explanation is this, on 1st April, 1937, the annual demand of the holding was Rs. 21. After the rains the tenant took settlement of two bighas more land at Rs. 3 a bigha, only a Twenty five Paise demand of which was due within the year the full rent of the land newly settled being due in the following year. The extra demand for 1937-38 only being ascertained late in the year, its amount has to be entered below the demand for that year already struck. Note - The rent and cess shown at the top of this Register in any given year should tally with those entered against the raiyat or tenure-holder concerned in Columns 9 and 10 of the Register. \All demand figures must be entered in red ink. (5) Register IIIA. - Register of collections (direct payments to the tahsildar) on account of khas mahals in the district of...... for the year 19....... [See Rule 59] \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| Date \| Name of counter foil receipt. \| As per register II \| Name of tenure holder or raiyat. \| Rent \| \| Mauza. \| Number. \| More than three years. \| Third year. \| Second year. \| Previous year \| Current. \| Advance. \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| \| \| \| \| \| \| \| \| \| Rs. a. P. \| Rs. a. P. \| Rs. a. P. \| \| 1939 \| \| \| \| Brought forward \| ... \| ... \| ... \| 137 0 3 \| 77 3 0 \| ... \| \| 22nd Aug \| 263 \| Mohanpur. \| 68 \| Sh. Aklu \| ... \| ... \| ... \| ... \| 3 14 0 \| ... \| \| Ditto \| 264 \| Ditto \| 73 \| Juman Koeri \| ... \| ... \| ... \| ... \| 1 15 0 \| ... \| \| Ditto \| 265 \| Ditto \| 74 \| Dapu Kunjra \| ... \| ... \| ... \| ... \| 0 15 6 \| ... \| \| Ditto \| 266 \| Ditto \| 109 \| Manglu Mandar \| ... \| ... \| ... \| 4 14 6 \| ... \| ... \| \| 30th Aug. \| 267 \| Ditto \| 9 \| Rajkumar Mandar \| ... \| ... \| ... \| 31 0 0 \| ... \| ... \| \| Ditto \| 268 \| Ditto \| 50 \| Bhagu Mandar \| ... \| ... \| ... \| 10 6 0 \| 0 5 0 \| ... \| \| Ditto \| 269 \| Ditto \| 2 \| Dhuri Sahu and Nathu \| ... \| ... \| ... \| ... \| 4 6 0 \| ... \| \| Ditto \| 270 \| Ditto \| 15 \| Bandhi Mandar \| ... \| ... \| ... \| ... \| 0 15 0 \| ... \| \| Ditto \| 271 \| Ditto \| 112 \| Manji Mandar \| ... \| ... \| ... \| ... \| 0 15 0 \| ... \| \| 31st Aug. \| 272 \| Ditto \| 95 \| Dhaturi Mandar \| ... \| ... \| ... \| ... \| 1 15 0 \| ... \| \| Ditto \| 273 \| Ditto \| 99 \| Darsan Mistri \| ... \| ... \| ... \| ... \| 1 0 0 \| ... \| \| 1st Spt. \| 274 \| Ditto \| 96 \| Bhoru Tanti \| ... \| ... \| ... \| ... \| 2 14 0 \| ... \| \| Ditto \| 275 \| Ditto \| 100 \| Harihar Mandar \| ... \| ... \| ... \| ... \| 1 15 0 \| ... \| \| Ditto \| 276 \| Ditto \| 85 \| Ganesh Kurmi \| ... \| ... \| ... \| ... \| 4 3 0 \| 1 0 0 \| \| \| \| \| \| Progressive total \| ... \| ... \| ... \| 183 4 9 \| 402 7 6 \| 1 0 0 \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| Local Cess \| Other Collections \| Total of each raiyat \| Total receipts of day \| \| More than three years \| Third year \| Second year \| Previous year \| Current year \| Advance \| Arrears \| Current \| Advance \| \| 7 \| 8 \| 9 \| 10 \| \| \| \| \| Rs. a. p. \| Rs. a. p. \| Rs. a. p. \| \| Rs. a. p. \| \| Rs. a. p. \| Rs. a. p. \| \| ... \| ... \| ... \| 3 2 3 \| 12 11 0 \| ... \| ... \| ... \| ... \| 530 0 6 \| ... \| \| ... \| ... \| ... \| ... \| 0 2 0 \| ... \| ... \| ... \| ... \| 4 0 0 \| ... \| \| ... \| ... \| ... \| ... \| 0 1 0 \| ... \| ... \| ... \| ... \| 2 0 0 \| ... \| \| ... \| ... \| ... \| ... \| 0 0 6 \| ... \| ... \| ... \| ... \| 1 0 0 \| ... \| \| ... \| ... \| ... \| 0 2 6 \| ... \| ... \| ... \| ... \| ... \| 5 1 0 \| 12 1 0 \| \| ... \| ... \| ... \| 1 0 0 \| ... \| ... \| ... \| ... \| ... \| 32 0 0 \| ... \| \| ... \| ... \| ... \| 0 5 0 \| ... \| ... \| ... \| ... \| ... \| 11 0 0 \| ... \| \| ... \| ... \| ... \| ... \| 0 2 0 \| ... \| ... \| ... \| ... \| 4 8 0 \| ... \| \| ... \| ... \| ... \| ... \| 0 1 0 \| ... \| ... \| ... \| ... \| 1 0 0 \| ... \| \| ... \| ... \| ... \| ... \| 0 1 0 \| ... \| ... \| ... \| ... \| 1 0 0 \| 49 3 0 \| \| ... \| ... \| ... \| ... \| 0 1 0 \| ... \| ... \| ... \| ... \| 2 0 0 \| ... \| \| ... \| ... \| ... \| ... \| 0 1 0 \| ... \| ... \| 1 0 0 \| ... \| 2 1 0 \| 4 1 0 \| \| ... \| ... \| ... \| ... \| 0 2 0 \| ... \| ... \| ... \| ... \| 3 0 0 \| ... \| \| ... \| ... \| ... \| ... \| 6 1 0 \| ... \| ... \| ... \| ... \| 2 0 0 \| ... \| \| ... \| ... \| ... \| ... \| 0 2 0 \| 0 0 6 \| ... \| ... \| ... \| 5 5 6 \| 10 5 6 \| \| ... \| ... \| ... \| 4 9 9 \| 13 9 6 \| 0 0 6 \| ... \| 1 0 0 \| ... \| 606 0 0 \| ... \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| Balance of receipts not previously remitted to the treasury \| Remitted to treasury on day \| Number and date of challan \| Balance not remitted \| Remarks \| \| 11 \| 12 \| 13 \| 14 \| 15 \| \| Rs. a. p. \| Rs. a. p. \| \| Rs. a. p. \| \| \| ... \| ... \| ... \| 18 2 6 \| \| \| ... \| ... \| ... \| ... \| \| \| ... \| ... \| ... \| ... \| \| \| ... \| ... \| ... \| ... \| \| \| 18 2 6 \| ... \| ... \| 30 3 6 \| \| \| ... \| ... \| ... \| ... \| \| \| ... \| ... \| ... \| ... \| \| \| ... \| ... \| ... \| ... \| \| \| ... \| ... \| ... \| ... \| \| \| 30 3 6 \| ... \| ... \| 79 11 6 \| \| \| ... \| ... \| ... \| ... \| \| \| 79 11 6 \| ... \| ... \| 83 12 6 \| \| \| ... \| ... \| ... \| ... \| \| \| ... \| ... \| 133, dated 4thSeptember, 1939 \| ... \| Rent Rs. 89-9-6 \| \| 83 12 6 \| 94 2 0 \| 134, dated 4thSeptember, 1939 \| Nil \| Cess Rs. 3-8-6 Miscellaneous Rs. 1-0-0 \| \| \| \| \| \| \| (1) At the bottom of each page the progressive total of columns 6,7,8 and 9 should be struck and in column 14. The total of column 10 should not be struck. (2) By the term "advance" is meant a payment in excess of the year's 16 annas demand after arrear, this should be carried for ward to the top of the next page, as also the last entry appearing in previous page if any, have been paid up, It does not mean an advance for a later kist of the same year. Appendix B (6) Register III B-Register of collections (payment not made to the tahsildar) on account of khas mahals in the district of....... for the year 200....... [See Rule 60] \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| Date \| Number of counterfoil receipt \| As per Register II \| Name of tenure-holder or raiyat \| Rent \| \| Mauza \| Number \| More than three years \| Third year \| Second year \| Previous year \| Current \| Advance \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| Local Cess \| Other Collection \| Total of each raiyat \| Total receipts of day \| \| More than three years \| Third year \| Second year \| Previous year \| Current \| Advance \| Arrear \| Current \| Advance \| \| 7 \| 8 \| 9 \| 10 \| \| \| ### 1. At the bottom of each page the progressive total of columns 6, 7 and 9 should be struck, and this should be carried forward-to the top of the next page. The total of column 10 should not be struck. ### 2. By the term "Advance" is meant a payment in excess of the year's 16 annas' demand after arrears, if any, have been paid off. It does not mean an advance for a later kist of the same year. Appendix B (7) Register IV. - Register of daily receipts and disbursements (other than those of rent, cesses and miscellaneous revenue) on account of the Khasmahals in the district of........ for the year 200...... (See Rule 61) \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| Date \| Receipts \| Disbursements \| Daily cash balance in hands of tahsildar \| Remarks \| \| Detail \| Rs. P. \| Detail \| Rs. P. \| No. of challan or voucher \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| 7 \| 8 \| \| June 6th \| Advance for repairing boundary pillars \| 4. 75 \| Karim Bux Mistri for 15 masonry pillars \| 60.0 \| 62 \| \| \| \| \| Appendix B (8) Register V. - Pass-Book (See Rule 62) The Treasury of...... in Account current with khasmahal collections of the....... District. \| \| \| \| --- \| --- \| \| Dr. \| Cr. \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| Date \| Number of challan \| Amount \| Initial or signature of Treasury Officer \| \| 1 \| 2 \| 3 \| 4 \| \| \| \| Rs. P. \| \| Appendix 3 (9) Register VI. - Remissions (See Rule 92) \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| Serial No. \| Name of tenant \| Number of the holding in register I \| Amount remitted \| \| Rent \| \| Arrears of more than three years \| Third preceding year's arrears \| Second preceding year's arrears \| Previous year's arrears \| Current \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| \| Amount remitted \| Number and date of order sanctioning remission \| Remarks \| \| Cess \| Miscellaneous \| \| Arrears of more than three years \| Third preceding year's arrears \| Second preceding year's arrears \| Previous year's arrears \| Current \| Arrear \| Current \| \| \| \| \| \| \| \| \| \| \| Note. - One or more pages should be allotted to each village and the name of the village should be written across the page. If this can be done alphabetically, an index is unnecessary, otherwise an index should be prepared at the beginning of the register. The year should be written across the page in register II, to show the year to which the remission relates. Appendix B (10) Register VII. - Mutation Register (See Rule 46) \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| Village \| Thana \| Estate No. \| District \| \| \| \| \| \| --- \| --- \| --- \| \| Serial number of Mutation \| Mutation case number in Register 27 \| Sale \| \| Whole holding \| Part holding \| \| No. \| Area \| Price \| Profession of purchaser \| No. \| Area \| Price \| Profession of purchaser \| \| Raiyat \| Money-lender \| Landlord \| Raiyat \| Money-lender \| Landlord \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| 7 \| 8 \| 9 \| 10 \| 11 \| 12 \| 13 \| 14 \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| \| Gift \| Succession \| Partition \| \| \| Whole holding \| Part Holding \| \| Whole holding \| Part Holding \| \| Whole holding \| Part Holding \| \| No. \| Area. \| Area. \| No. \| Area. \| Area. \| No. \| Area. \| Area. \| \| 15 \| 16 \| 17 \| 18 \| 19 \| 20 \| 21 \| 22 \| 23 \| \| \| \| \| \| \| \| \| \| \| Note. - This register should be kept Mouzawar. Appendix B (11) Register VIII. - Showing resettlement of tenancies purchased at sales under the Public Demands Recovery Act, surrendered, abandoned or rendered vacant by the death of the holder without heir. (See Rule 46) \| \| \| \| \| --- \| --- \| --- \| \| Village \| EstateThana \| District \| \| \| \| \| \| --- \| --- \| --- \| \| Serial No. \| Vacant Treasury \| Cause of vacancy with date \| \| Number of tenancy \| Name of tenant, his father's name, caste and residence. \| Fields \| Total area \| Rent \| Status \| \| Number \| Area \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| 7 \| 8 \| 9 \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| \| Re-Settlement \| Date of the Settlements \| Remarks Initial of officer-in-charge attesting entries with date. \| \| Number of tenancy \| Name of tenant, his father's name, caste and residence \| Number \| Area \| Total area \| Rent \| Status \| \| 10 \| 11 \| 12 \| 13 \| 14 \| 15 \| 16 \| 17 \| 18 \| \| \| \| \| \| \| \| \| \| \| Appendix B (12) Register IXA. - Showing settlements of waste lands (See Rule 46) \| \| \| \| \| --- \| --- \| --- \| \| Village \| EstateThana \| District \| \| \| \| \| \| --- \| --- \| --- \| \| New Tenancy \| Date of creation of the tenancy \| Remarks (In this column may be entered-1. Rent now fixed2. Any Special conditions or incidents, Initial of officer in charge attesting the entries, with date. \| \| Serial number \| Number of tenancy \| name of tenant, his father;s name, caste and residence \| Field \| Total area of the tenancy \| Rent \| Status \| \| Number \| Area \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| 7 \| 8 \| 9 \| 10 \| \| \| \| \| \| \| \| \| \| \| \| Appendix B (13) Register of Land Revenue, Demand, Collection, Remission and Balance of Government Khas Mahal, Damin-i-koh, for the year 200.... (See Rule 56) \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| Number \| Name of village \| Name of Manjhi \| Demand \| Collection \| \| Arrear \| Current \| Total \| Arrear \| Current \| Total \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| Remission \| Balance \| Commission Allowed to- \| Remarks \| \| Arrear \| Current \| Total \| Manjhis at 8 per cent \| Parganites at 2 per cent \| \| \| \| \| \| \| \| \| Appendix B (14) Register of Miscellaneous Demands, Collection, Remission, and Balance of Government Khas Mahal, Damin-i-koh, for the year 200 .... (See Rule 56) \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| Number \| Name of village \| Name of Manjhi \| Original assessment fixed at the time of settlement \| Demand of the last year \| Demand \| Collection \| \| Arrear \| Current \| Total \| Arrear \| Current \| Total \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| 7 \| 8 \| 9 \| 10 \| 11 \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| Remission \| Arrear \| Current \| Total \| Manjhis at 8% \| Parganites at 2% \| Remarks \| \| 12 \| 13 \| 14 \| 15 \| 16 \| 17 \| 18 \| \| \| \| \| \| \| \| \| Appendix B (15) Register of Daily Collection of Government Khas Mahal, Damin-i-okh, for the year 200 ... (See Rule 56) \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| Date \| Pargana or Bungalow \| Number of receipt \| Name of village \| Name of Manjhi \| Amount received \| Daily Total \| Credited to Improvement Fund \| Commission at 8% to Manjhis \| Commission at 2% to Parganites \| Total daily Commission paid \| Date of Payment \| Remarks \| \| \| \| \| \| \| Rs. P. \| Rs. P. \| Rs. P. \| Rs. P. \| Rs. P. \| Rs. P. \| Rs. P. \| \| ### 15. (A) Register of wells (See Rules 135-A) \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| Name of the village with Thana number and name of Thana \| Plot number or plot numbers in which the well is situated \| Area of each plot covered by the well \| When constructed \| Cost of construction \| Reference to project case \| Repair done \| Remarks \| \| Year \| Cost \| Reference to project case \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| 7 \| 8 \| 9 \| 10 \| \| \| ### 15. (B) Register of irrigation, embankments, etc. (See Rule 135-A) \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| Name of village with Thana number and name of Thana \| Name of irrigation embankment etc. \| Plot number or plot numbers through which the irrigation works pass \| Area of each plot covered by the irrigation works \| Nature of irrigation or embankments \| Cost of maintenance \| Remarks \| \| Year of repair \| Cost of repair \| Reference to project case \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| 7 \| 8 \| 9 \| \| \| Appendix 15(C) Register of Roads and Bridges (See Rule 135-A) \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| \| Name of village with Thana number and name of Thana \| Name of the road \| Length of the road \| Repairs done \| Number of bridges, culverts, etc. \| Remarks \| \| Year \| Section repaired (between mile and furlong posts) \| Cost of repair \| Reference to project case \| In which mile situated \| Year of repair \| Cost of repair \| Reference to project case \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| 7 \| 8 \| 9 \| 10 \| 11 \| 12 \| \| \| Appendix 15(D) Register of markets, garden, etc. (See Rule 135-A) Name of market/garden, with name of village, Thana number and name of Thana............ \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| Year \| Receipt \| Expenditure of maintenance, etc. \| Remarks \| \| \| Appendix 15(E) Register of Bandhs and tanks for fisheries (See Rule 135-A) Name of Bandh or tank for fisheries, with name of village, thana number and name of Thana.............................. \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| Year \| Receipt \| Expenditure of maintenance \| Remarks \| \| \| (16) Returns Return No. 1-Part I \| \| \| --- \| \| Return No. 1-Part I-Detailed accounts of Estates held 200. under direct management in the district of..... for the\| half-yearyear\| ending \| (See Rules 75 and 98) \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| Tauzi number \| Name of Estate \| Area in acres of each estate or group of estates \| Number of raiyats paying rent regarding whom a separate sheet of Register II is kept \| Total annual demand of the estate \| In respect of the year's current demand \| In respect of future year's demand \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| 7 \| \| \| \| \| \| Rs. \| Rs. \| Rs. \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| Of more than three years \| Of three years \| Of two years \| Of previous year \| Column 5 minus column 6 \| Out of arrear demand in Col. 8 \| Out of arrear demand in Col. 9 \| Out of arrear demand in Col. 10 \| Out of arrear demand in Col. 11 \| Out of current demand in Col. 12 \| \| 8 \| 9 \| 10 \| 11 \| 12 \| 13 \| 14 \| 15 \| 16 \| 17 \| \| Rs. \| Rs. \| Rs. \| Rs. \| Rs. \| Rs. \| Rs. \| Rs. \| Rs. \| Rs. \| \| \| \| \| --- \| --- \| \| Collections \| Balance \| \| Out of arrear demand in Col. 8 \| Out of arrear demand in Col. 9 \| Out of arrear demand in Col. 10 \| Out of arrear demand in Col. 11 \| Out of current demand in Col. 12 \| Advance \| Arrears \| \| Of more than three years \| Of three years \| Of two years \| Of previous year \| \| 18 \| 19 \| 20 \| 21 \| 22 \| 23 \| 24 \| 25 \| 26 \| 27 \| \| Rs. \| Rs. \| Rs. \| Rs. \| Rs. \| Rs. \| Rs. \| Rs. \| Rs. \| Rs. \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| Of current year \| Total of columns 24 to 28 \| Total advances at the end of the year-columns 7 and 23 \| Remarks In this column opposite each estate the following should be noted- 1. Amount in the hands of tahsildars and in the estate treasury. 2. Amount created in subtreasuries, but not incorporated in the Sadar Treasury before the end of the period under review \| \| 28 \| 29 \| 30 \| 31 \| \| Rs. \| Rs. \| Rs. \| \| Total collections remaining in the hands of Tahsildar as Total collections as per this return......... (i) Amount remitted to Treasury including acknowledged. (ii) Amount remitted, but not yet acknowledged. Certified that the sums noted against each estate as collected on for sums paid in Sub-divisional Treasuries and remaining in the hands and that the Khas Mahal Department's figures for cess and sayer shown in the Treasury Accountant's Register and found to agree \ ### 3. The last portion of the certificate, in italics, should be struck out during the period under review. Dated The of 200. Tauzi Deputy Collector, Note. - (1) Column 2 (Name of estate).-In the half-yearly return enter (2) Column 12-This should show the year's demand only, viz., . Per last Return Rs. Total..... Sub-divisional Treasuries and duly Balance in the hands of the Tahsildar........... account of rent during the period under review agree, after allowing of tahsildars, with the total of the sums entered in the tauzi ledgers collections have been compared during the current year with the figure in the return for the first half-year if such comparison has not been made. Collector Deputy Commissioner after "name of estate" the amount legally due during the half year, the annual demand less advance paid in previous years and adjusted. Return No. I, Part II-Statement showing demand, collections and percentage of collections of the estate held \| \| \| --- \| \| under direct management in the district of..... for the\| half-yearyear\| ending the as compared with corresponding period of last two years \| (See Rules 75 and 98) \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| Year \| Demand \| Collections \| Percentage \| Remarks \| \| Arrears as per columns 8 to 11 of the return minus columns 13 to 16 \| Current as per column 12 of the return minus column 17 \| Arrear as per columns 18 to 21 of the return \| Current as per column 22 of the return \| Of arrear collections over arrear demand \| Of current collections over current demand \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| 7 \| 8 \| \| 1936-37 1937-38 1938-39 \| Note. - In the half-yearly return the amount legally due during the half year less the advance paid and adjusted in previous years should be shown in column 3 and the percentage shown in column 7 should be calculated on that demand. Appendix B (17) \| \| \| --- \| \| Return No. II. - Progress statement of Collections for the\| weekfortnightmonth\| beginning on........ and ending on 200 \| (See Rule 76) \| \| \| \| --- \| --- \| \| \| Rent \| \| Arrears of more than 3 years \| Third preceding year's arrears \| Second preceding year's arrears \| Preceding year's arrears \| Current \| Total \| Advance \| \| (i) Demand on 1st April (ii) Collections up to previous period of report. (iii) Collections during period. (iv) Total Collection up to date. (v) Remission sanctioned. (vi) Balance (vii) Total Collection up to same period last year. \| \| \| \| \| \| \| --- \| --- \| --- \| \| Cess \| Miscellaneous \| Remarks \| \| Arrears of more than 3 years \| Third preceding year's arrears \| Second preceding year's arrears \| Preceding year's arrears \| Current \| Total \| Advance \| Arrear \| Current \| Total \| \| \| Note 1. - Current demand in Columns 6,13 and 17 means the demand due in respect of the year, after deducting the from the annual demand of that year shown in register amount paid in advance in the previous year. If there have been such advance payments they should be explained clearly in the remarks Column. ### 2. - Additional Columns should be inserted for special districts like Palamau where other items of demand are numerous and of a fluctuating character. ### 3. - The tahsildar should submit a separate statement for each separate estate. Appendix B (18) Return No. III-List of defaulters (See Rule 77) \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| Serial in this list \| Name of tenant \| No. of tenant in register II \| \Annual demand \| Rent \| \| More than three year \| 3rd year \| 2nd year \| 1st year \| Current \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| More than three year \| 3rd year \| 2nd year \| 1st year \| Current \| Total due \| Note.- If certificates are pending giving their number in register X and the amount for which they were issued and date of issue \| Manager's or Sub-divisional Officer's or Deputy Collector's orders \| Remarks \| \| \| \| \| \| \| \| \| \| \| \Note 1. - Where there are other demands, e.g. mahua, lac, etc., necessary additional columns should be added to this form. ### 2. - The names and number of the estate or name of village should be written across the page above the first tenant's name. Appendix C Appendix C(1) Permit for removal of stones, sand, etc. (See Rule 34) Department District Permit No. ............... of ................ 200.......... Name Residence \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| Name of locality \| Date of expiry of permit \| Description of article \| No. of quantity \| Rate \| Amount \| Remarks \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| 7 \| \| \| \| \| \| Rs. P. \| Rs. P. \| \| Appendix C (2) Form of report of Tahsildar or Amin on an application for mutation (See Rule 40) \| \| \| \| \| --- \| --- \| --- \| \| Mutation case No. \| \| of 2000...... \| \| Village \| Thana \| Thana No. \| \| Name of estate \| District \| \| \| Transfer of (a) \| holding by (b) \| \| Area transferred by sale \| \| \| \| Price paid \| \| \| \| Profession of purchaser (c) \| \| \| \| (c) Here note raiyat, money-lender. \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| \| Khatian no. \| Tenant's name \| Plot Nos. \| Areas \| Rent and status \| Remarks \| \| Original holding before mutation. \| \| Original holding after mutation. \| \| New holding \| \| Signature of tahsildar \| \| Date of correction of map and record. \| Appendix C (3) Form of Rent Receipt (See Rule 65) \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| Name of circle \| Name of village with thana and thana number. \| Name and father's name of tenant and residence. \| Jamabandi number \| Area paying cash rent \| Area paying produce rent. \| Particulars as to calculation of produce rent. \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| 7 \| \| \| \| --- \| \| Annual demand of tenancy and details of demand (arrear plus current) during the year. \| \| Demand on account of \| Annual \| Arrears \| \| More than three years \| Third year \| Second year \| Previous year \| Current \| \| \| 8 \| 9 \| 10 \| 11 \| 12 \| 13 \| \| Rent (cash) ...Rent (produce) ...Cess...\Interest...Miscellaneous...Total... \| \| \| \| --- \| \| Details of payment \| \| Payments on account of- \| Arrears \| Current \| Advance \| \| More than three years \| Third year \| Second year \| Previous year \| \| \| 14 \| 15 \| 16 \| 17 \| 18 \| 19 \| \| Rent (cash) ...Rent (produce) ...Cess...\Interest...Miscellaneous...Total paid... \| Signature, with date, of collection agent. ### 1. Grand total of the amount paid, (in figures and words). ### 2. By whom paid. ### 3. Total balance still due. \* No. interest will be charged for arrears of rent in Government estates, save on demands for which certificate has been issued. Appendix C (4) List of Government servants employed in khasmahals who are in receipt of permanent travelling or conveyance allowances (See Rule 120) \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| District \| Designation of Government servant \| Government order sanctioning the allowance \| Rate of allowance \| Nature of allowance and the means of conveyance \| \| Gaya \| Tahsildar Rajauli Circle. \| No. 3955-R., dated the 18th May, 1938. \| 7.50 \| Horse or pony. \| \| Shahabad \| Khasmahal Tahsildars of Katra and Kuchil Circles. \| No. 6163-R., dated the 23rd November, 1945. \| 15.00 \| Horse or pony. \| \| \| Khashamahal Tahsildars of Nasirganj, Rohtas, Babhua and Buxar Arrah Town Circles. \| No. 6163-R., dated the 23rd November, 1945. \| 5.00 \| Bicycle. \| \| \| Khasmahal Tahsildars of Unwas, Dakhinwari Ganga Diara and Salempur Circles. \| No. 6163-R., Dated the 23rd November, 1945 \| 15.00 or 5.00 \| Horse or pony Bicycle. \| \| Muzaffarpur \| Tahsildar \| No. 2429-R, dated the 5th May, 1943. \| 10.00 \| Fixed travelling allowance. \| \| Bhagalpur \| One Tahsildar each of Madhepura & Supaul. \| Boards No. 8-83-3 dated the 3rd December 1921 \| 5-0-0 each \| Bicycle or pony. \| \| Sahasra \| One Tahsildar each of madhepura and Supaul. \| Board's No. 8-83-3, dated the 3rd December, 1921. \| 5.00 each. \| Bicycle or pony. \| \| Monghyr \| Tahsildar, Sadar Circle. \| No. 638-R.R., dated the 1st Jul, 1931. \| 5.00 \| Bicycle. \| \| Ditto \| Tahsildar, Lakhisarai Circle. \| No. 302-R.R. dated the 20th June, 1929. \| 12.00 \| Horse or pony. \| \| Ranchi \| Two Tahsildars. \| No. 6665-R, dated the 10th September, 1935. \| 5.00 each \| Bicycle \| \| Hazaribagh \| Tahsildar, Kharakdiha \| No. 4571-R., dated the 22nd May, 1928. \| 0-0-0 \| \| \| Ditto \| Tahsil Muharrir, Kharakdiha. \| No. 940, dated the 7th July, 1934. \| 7.50 \| Bicycle. \| \| Ditto \| Tasildar. Kodarma \| No. 7223-R, dated the 12th August, 1947. \| 7.50 \| Bicycle. \| \| Ditto \| Tahsildar, Hata. \| No. 11388-R., dated the 9th December, 1927. \| 7.50 \| Bicycle. \| \| Palamau \| Four Tahsildars. \| No. 4334-R., dated the 4th April, 1922. \| 20.00 each. \| Horse or pony. \| \| Ditto \| One Sub-overseer. \| No. 2993-R., dated the 21st April, 1939. \| 15.00 \| Permanent travelling allowance. \| \| Singhbhum \| Kolhan Inspector. \| No. 10774-R., dated the 21st November, 1924. \| 15.00 \| Permanent travelling allowance. \| \| Ditto \| Two Tahsildars, Porahat. \| No. 8020-R., dated the 3rd November, 1939. \| 4.50 \| Bicycle. \| Appendix C (5) Accounts of Receipts and Expenditure of Kolhan Market Fund (See Rule 143) \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| Year \| Opening balance \| Receipts \| Expenditure \| Balance at the end of the year \| \| \| Rs. \| Rs. \| Rs. \| Rs. \| Appendix C (6) Return for the quarter ending the of advances in the district of on account of works of improvement in Government estates outstanding for more than three months. (See Rule 150) \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| \| Nature of work and its estimated cost \| No. and date of the voucher in which the amount was drawn \| Date and amount of advance \| Date on which any amount was adjusted and how it was adjusted (by detailed countersigned bill or cash recovery) \| Balance unadjusted \| Remarks (cause of delay, etc.) \| \| \| Appendix C (7) Statement A-Showing Particulars of Government Estate Proposed for sale. (See Rule 154) \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| Name of Estate \| Area in acres \| Average yearly rental \| Average Collection for 3 years \| Average yearly cost of management \| Average amount remitted yearly \| Average yearly cost of agricultural, sanitary and miscellaneous improvements \| Total of Columns 5, 6 and 7 \| Remarks \| \| \| Appendix C (8) Statement B. - Showing how the estate mentioned in statement A became a Government estate and certain other particulars. (See Rule 151) \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| Name and number of Estate \| Consecutive number in Statement A \| How it became a Government Estate \| Revenue history since it became a Govt. Estate \| Area \| Rent-roll \| How situated \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| 7 \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| How Collection and assessments are managed \| Whether subject to alluvion or diluvion. \| If surveyed, when? and whether a record of raiyat's rights now exists \| Whether held khas or farmed out; whether to be retained or sold, or what should be done? \| \| Collector's opinion \| Commissioner's opinion. \| \| 8 \| 9 \| 10 \| 11 \| 12 \| \| \| Appendix C (9) Advertisement of Sale of Government Estates (See Rule 156) Notice is hereby given that the proprietary right of Government, as specified in the conditions of sale below, to the undermentioned estate situate in the district of ........................................................ will be put to sale at the Collectorate on ............the ..............200.............................'corresponding with .......................... 13. [Bengali Fasli, or Amli, according to the era current in the district.] Condition of Sale ### 1st. - The estate is to be sold to the highest bidder above the upset price which will be fixed by the Collector at the time of sale.The purchaser of this estate will be considered as the proprietor of the estate, and the entire proprietary right of Government in such estate, [excepting the proprietorship of mineral rights] will be transferred to him subject to the revenue fixed in perpetuity. N.B. - The conditions regarding the payment of a land revenue fixed in perpetuity are not applicable to estates in temporarily-settled tracts, in which the land revenue should be fixed for the term of current settlement and be subject to periodical revisions on expiry of each settlement. In the case of an estate yielding annual of rental of less than Re. 1 there should be no condition regarding payment of land revenue. ### 2nd. - The sale to be subject to existing leases and to the rights recognized in the settlement proceedings, and conferred by the laws in force; and purchasers to be bound to respect the rights of resident cultivators who have signed the schedule of assessment prepared by the Revenue authorities. ### 3rd. - If the amount of purchase-money does exceed Rs. 100, the whole amount to be paid down at once. ### 4th. - If the amount of purchase-money exceed Rs. 100 one fourth of the amount bid to be deposited immediately. If the balance be not paid by noon of the fifteenth day after the sale, reckoning the day of sale as one, or if that day be a close, holiday, then by noon of the first succeeding office day, the sale is to be cancelled (the sum deposited being forfeited to Government), and the estate to be again put up to sale at the risk of the defaulting purchase after issue of advertisements as in the case of the original sale. \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| Number on the district roll \| Name of estate and Pargana \| Approximate area in acres \| Government revenue assessed \| Remarks \| \| \| \| \| \| --- \| --- \| --- \| \| Collector's Office, \| \| \| \| District \| \| \| \| The \| 200, \| Collector \| Appendix C (10) Certificate of sale (See Rule 164) I ................Collector of the district of..........do hereby certify that the proprietary right/raiyati interest/of Government to the estate, No.................................... on...................the revenue-roll of the district of..............consisting of an area of bighas...................equal to acres and bearing an annual revenue of Rs.....................has been purchased by.................resident of mauza.....................pargana................zila...................for Rs.......... at the public sale held by me on the ................................ [under orders of Government No........................dated.................] ### 2. The purchaser has acquired the proprietary right subject to the revenue fixed in perpetuity. ### 3. The sale is subject to existing leases and to the rights recognised in the settlement proceedings and conferred by the laws in force and Government reserves to itself all mineral rights. The purchaser is bound to respect the rights of cultivators who have signed the schedule of assessment prepared by the Revenue authorities. N.B. - In the case of sale of an estate yielding an annual rental of less than Re. 1, substitute the following for clause 2:- "The purchaser is permanently exempted from the payment of any Government revenue in respect of the estate." (2) In the case of other estates situated in temporarily-settled areas, the following should be substituted for the words "subject to the revenue fixed in perpetuity" in the same clause;- "Subject to the payment of the land revenue as fixed for the term of the current settlement and liable to revision at each successive settlement." (3) The words within []are not to be used in the case of sale of holdings raiyati sanctioned by the Collector under the note below Rule 154. Appendix C (11) Memorandum showing the result of the sale of Government estates in the district of.....held on................. 200 (See Rule 166) \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| Number in statement of Government estate. \| Number on the district roll. \| Name of estate and pargana. \| Area in acres. \| Government revenue. \| Purchase money. \| Remarks, including the number and date of the Governments order sanctioning the sale. \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| 7 \| \| \| Appendix C (12) Annual statement showing alienation of Government land at concessional rate (See Rule 173) \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| \| Particulars of the case \| Area of land either granted or leased, free of rent or leased at concessional rate of rent or salami or sold on favourable terms. \| Estimated market rent if granted or leased rent-free, or leased at concessional rate of rent, without payment of salami or the estimated market value if sold on favourable terms. \| Rent or price fixed by Government. \| Net value of concession, i.e., difference between the full market rent and the rent fixed or between the full market price and the price fixed. \| Brief reasons for the concession. \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| \| \| Appendix D Appendix D(1) Rules for the construction of buildings on the land along the Patna-Gaya Road (See Rule 23) ### 1. No. building or a part thereof shall be erected within the area of any site until the plan and specification thereof have been approved by the Collector. ### 2. Every application for permission to erect a building shall be made on a form prescribed by the Collector and obtainable from his office and must be accompanied by the following plans, in triplicate, duly signed by the applicant. (1) A site plan drawn to a scale of 20 feet to an inch showing- [a] the number of the plot, the arrangement and position of the proposed main building and of its outhouses, etc., and the north point; [b] the means of access from the building to the street; and [c] the position, form and the dimensions of privies, urinals, drains, cesspools, stables, cattle-sheds, cow-houses, wells and other appurtenances of the building. (2) A plan of the main building with front and side elevations drawn to a scale of not less than 8 feet to an inch and sections drawn to a scale of not less than 4 feet to an inch showing- [a] the dimensions of every part, [b] the level of the lowest floor of the building; and [c] the level of all courtyards and open spaces in the building or premises, and the plinth-level of buildings with reference to the level at the centre of the nearest street. Note. - A sample plan to guide the applicants in making their own plans can be seen in the collector's Office. (3) A complete specification comprising full information on the following matters, namely; [a] the materials and methods of construction to be used for external walls, party walls, foundations, roofs, floors, fire places, and chimneys; [b] the manner in which roof and house drainage and the surface drainage of the land will be connected to the nearest municipal drain; [c] the manner, if any, in which it is proposed to pave the courtyard and open spaces in the building or premises and the slope to which the surface is to be made in each case; [d] the means of access that will be available to scavengers to get to service privies; [e] the purpose for which it is intended to use the building; and [f] if the building is intended to be used as a dwelling-house for two or more families the means of ingress and egrees. ### 3. A clear open space of not less than 15 feet in width extending along the entire frontage of the site must be left between the outer wall of the building and the street alignment and the height of the compound wall, if any, on the street alignment should be limited to 5 feet above the road level. A clear space of not less than 10 feet must be kept open on the right and left sides of the building along the entire depth of the site. A similar space must also be left at the rear of the site in case it does not about upon a lane. ### 4. No servants' houses, stables or other out offices within the area of site shall be placed within 25 feet of the main building, nor shall they exceed over all 15 feet in height and 25 feet in depth. ### 5. The plinth of a masonry building must be at least 12 inches above the road level with 12 inches above the top of the nearest drain level for outhouses. The walls of a masonry building must be constructed of bricks or some similar hard and incombustible substance. ### 6. The total area covered by all the building [including verandahs] on any site used for a dwelling-house shall not exceed two-thirds, or in localities where there are only detached buildings, one third, of the total area of the site, and the area not so covered shall belong exclusively to the dwelling house and shall be retained as part and parcel thereof. ### 7. In localities where there are only detached buildings, servant's house, stables and other out-offices within the area of the site shall not exceed 15 feet in height or 20 feet in depth, and shall not be placed on more than two sides of the dwelling-house. ### 8. Every room in a building which is intended to be used as an inhabited room.- [a] must be not less than 12 feet in height measured from the floor to the under-side of the beam on which the roof rests; [b] must have a clear superficial area of not less than 120 square feet; [c] must be provided with doors and windows, opening directly into the external air or into a verandah [not fitted with doors] aggregating to an area of not less than one-tenth of the area of the floors. ### 9. The ground floor of every domestic building must be covered throughout at the height of the plinth, with some impermeable material. ### 10. The minimum superficial area of every interior courtyard of dwelling house shall be one-fourth of the total floor area of the portion built over, and shall be paved with some impermeable substance. The minimum width of every such courtyard shall be 12 feet. ### 11. No room, other than a latrine or privy, shall be built over a privy in a domestic building or vice versa. In case of privies or latrines, other than those connected with the intercepting sewers, separate detailed plan and sections showing their positions in relation to the main building and drawn to a scale of not less than 5 feet to an inch must be submitted and sanction obtained for their construction. Such drawings must also show the position and type of drains and cesspools as well as the position of the sweepers' entrance door, the kind of floor and wall and the position and size of windows for ventilation. ### 12. The Collector shall sign all passed plans in token of his approval. ### 13. The land, as well as the house built thereon, shall be subject to such general rules or bye-laws as are now in force or may hereafter be made by the Collector. ### 14. On the completion of all the sanctioned buildings on the site the applicant shall inform the Collector and no latrine shall be used or room occupied until the buildings have been approved and passed by the Collector or such officer as may be appointed by him for the purpose. ### 15. No compound walls shall be fenced with barbed wire-fencing. ### 16. The Collector should keep a general site plan and as each site is approved it should be traced on to his plan. In it should be shown all plot numbers and the positions of the municipal drains. Appendix D (2) Rules for the construction of buildings in the Kadamkuan Government Estate in Patna. (See Rule 23) ### 1. No building or a part thereof shall be erected within the area of any site until the plan and specification thereof have been approved by the Collector. ### 2. Every application for permission to erect a building shall be made on a form prescribed by the Collector and obtainable from his office, and must be accompanied by the following plan in triplicate duly signed by the applicant:- (1) A site plan drawn to a scale of 20 feet to an inch showing- (a) the number of the plot, the arrangement and position of the proposed main building and of its outhouses, etc.,and the north point; (b) the means of access from the building to the street; (c) the position, form and dimensions of privies, urinals, drains, cesspools, stables, cattle-sheds, cow-houses, wells and other appurtenances of the building. (2) A plan of the main building with front and side elevations drawn to a scale of not less than 8 feet to an inch and sections drawn to a scale of not less than 4 feet to an inch showing- (a) the dimensions of every part; (b) the level of the lowest floor of the building; and (c) the level of all courtyards and open spaces in the building or premises, and the plinth-level of buildings with reference to the level at the centre of the nearest street. Note. - A sample plan to guide the applicants in making their own plans can be seen in the Collector's office. (3) A complete specification comprising full information on the following matters namely: (a) the material and methods of constructions to be used for external walls, party walls, foundations, roofs, floors, fire-places and chimneys; (b) the manner in which roof and house drainage and the surface drainage of the land will be connected to the nearest municipal drain; (c) the manner, if any, in which it is proposed to pave the courtyard and open spaces in the building or premises, and the slope to which the surface is to be made in each case; (d) the means of access that will be available to scavengers to get to service privies; (e) the purpose for which it is intended to use the building; and (f) if the building is intended to be used as a dwelling-house for two or more families, the means of ingress and egress. ### 3. A clear open space of not less than 15 feet in width extending along the entire frontage of the site must be left between the outer wall of the building and the extreme edge of the street alignment and the height of the compound wall, if any, on the street alignment should be limited to 7 feet above the road level. In plots of 5 kathas or more a clear space of not less than 10 feet must be kept open on the right and left sides of the building along the entire depth of the site. A similar space must also be left at the rear of the site in case it does not abut upon a lane. On plots measuring from 2 kathas to 5 kathas a clear space of not less than 10 feet in front and of not less than 5 feet on the two sides of the building must be kept open. In plots measuring 2 kathas or less a clear space of not less than 10 feet in front and 3 feet on the two sides of the building must be kept open. ### 4. No servants' houses, stables or other out-offices within the area of a site shall be placed within 25 feet of the main building nor shall they exceed over all 15 feet in height and 25 feet in depth. In plots measuring 5 kathas or less, no servants' houses, stables or outhouses shall be placed within 15 feet of the main building, nor shall they exceed over all 15 feet in height or 25 feet in depth. In plots measuring 2 kathas or less, the space between the main building and the outhouses shall be not less than 10 feet. ### 5. The plinth of a masonry building must be at least 2 feet and that of outhouses must be at least 12 inches above road level with 12 inches above the top of the nearest drain level for outhouses. The walls of a masonry building must be constructed of brick or some similar hard and incombustible substance. ### 6. The total area covered by all the buildings (including verandahs on any site used for a dwelling-house shall not exceed two-thirds, or in localities where there are only detached buildings one-third of the total area of the site; and the area not so covered shall belong exclusively to the dwelling-house and shall be retained as part and parcel thereof: Provided that in the case of plots measuring 2 Kathas or less the total area covered by the buildings including verandahs shall not exceed three-fourth of the total area of the site. ### 7. In localities where there are only detached buildings, servants' houses, stables and other out-offices within the area of the site shall not exceed 15 feet in height or 20 feet in depth, and shall not be placed on more than two sides of the dwelling-house. ### 8. Every room in a building which is intended to be used as an inhabited room.- (a) must be, in the case of plot measuring more than 2 kathas not less than twelve feet in height measured from the floor to the underside of the beam on which the roof rests and in the case of plots measuring two kathas or less, not less than 10 feet as so measured; (b) must have a clear superficial area of not less than 120 square feet; (c) must be provided with doors and windows, opening directly into the external air or into a verandah (not fitted with doors) aggregating to an area of not less than one-tenth of the area of the floors. ### 9. The ground floor of every domestic building must be covered throughout at the height of the plinth with some impermeable material (The roofing must be pucca throughout the residential portion. The kitchen, store and out-houses may have tiled roofing but not thatch or other inflammable material). ### 10. The minimum superficial area of every interior courtyard of a dwelling-house shall be one-fourth of the total floor area of the portion built over; and shall be paved with some impermeable substance. The minimum width of every such courtyard shall be 12 feet. ### 11. (i) No privy shall be placed on any upper floor of a building unless it be of a water closet type. (ii) The interior faces of walls and floors of latrines must be cement plastered at least up to a height of 3 feet from floor level and the rest lime plastered. All the interior corners and edges must be rounded off. The exterior faces of walls must be lime plastered or lime painted. The faces of the plinth of all latrines near soil bucket chamber to be cement plastered up to plinth level as well as the faces and floors of the chambers. The soil bucket chamber must be sufficiently large to hold a bucket only and should be provided with trap door. (iii) No latrine may be sited by the side of the main road. (iv) The drain in any compound which must not be flatter than 1 :200 in grade must be constructed sufficiently high to fit in with the roadside drain. (v) The compound must be dressed towards the roadside drain or compound drain with a slope not flatter than 1 :200. ### 12. , No person shall excavate or construct any well within 15 feet from any latrine, privy, tattie, sink or cesspool. Every well within a building or its compound shall be built of masonry pointed inside, with a masonry platform and a pucca drain. ### 13. The Collector shall sign all passed plans in token of his approval. ### 14. The land, as well as the house built thereon, shall be subject to such general rules or bye-laws as are in force or may hereafter be made by the Collector. ### 15. On the completion of all the sanctioned buildings on the site the applicant shall inform the Collector and no latrine shall be used or rooms occupied until the buildings have been approved and passed by the Collector or such officer as may be appointed by him for the purpose. ### 16. No compound walls shall be fenced with barbed wire-fencing. Appendix D (3) Rules for the construction of buildings in Tatanagar Khasmahal. [See Rule 23] ### 1. No building or a part thereof shall be erected within the area of any site until the plan and specification thereof have been approved by the Deputy Commissioner. ### 2. Every application for permission to erect a building shall be made on a form prescribed by the Deputy Commissioner and obtainable from his office, and must be accompanied by the following plans in triplicate, duly signed by the applicant:- (1) A site plan drawn to a scale of not less than 20 feet to an inch showing- (a) the number of the plot, the arrangement and position of the proposed main building and of its out-houses, etc., and the north point; (b) the means of access from the building to the street and to all other buildings; and (c) the position, form and dimensions of privies, urinals, drains, cesspools, stables, cattle-sheds, cow-houses, wells and other appurtenances of the building. (2) A plan in triplicate of the main building and out-buildings with front and the side elevations drawn to a scale of not less than 8 feet to an inch and also with cross section of those buildings. (3) Complete specification comprising full information on the following matters, namely:- (a) the materials and methods of construction to be used for external walls, party walls, foundations, roofs, floors, fire-places and chimneys; (b) the manner in which roof and house drainage and the surface drainage of the land will be disposed of; (c) the means of access that will be available to scavengers to get to service privies; (d) the purpose for which it is intended to use the building. ### 3. A clear open space of not less than 25 feet in width extending along the entire frongage of the site must be left between the outer walls of the building and the street alignment. The height of the compound walls, if any, on the street alignment should be limited to 5 feet above the road level. A clear space of not less than 10 feet must be kept open on the right and left sides of the building along the entire depth of the site. A similar space must also be left at the rear of the site in case it does not abut upon a lane. ### 4. The total area covered by all the buildings (including verandahs) on any site used for a dwelling-house shall not exceed half of the total area of the site. ### 5. In localities where there are only detached buildings, servants' houses, stables and other out-offices within the area of the site shall not exceed 15 feet in height or 20 feet in depth, and shall not be placed on more than two sides of the dwelling-house. ### 6. Every room in a building which is intended to be used as an inhabited room.- (a) must be not less than 12 feet in height measured from the floor to the underside of the beam on which the roof rests; (b) must have a clear superficial area of not less than 120 square feet; (c) must be provided with doors and windows opening directly into the external air or into a verandah (not fitted with doors). ### 7. The ground floor of every domestic building must be covered throughout the height of the plinth, with some impermeable material. ### 8. In a domestic building no room other than a latrine or privy shall be built over a latrine or privy. ### 9. The Deputy Commissioner shall sign all passed plans in token of his approval. ### 10. The land as well as the house built thereon shall be subject to such general rules or bye-laws as are now in force or may hereinafter be made by the Deputy Commissioner. ### 11. On the completion of all the sanctioned buildings on the site, the applicant shall inform the Deputy Commissioner and no latrine shall be used or room occupied until the buildings have been approved and passed by the Deputy Commissioner or such officer as may be appointed by him for the purpose. Appendix D (4) Detailed instruction regarding the annual verification of Diara Government Estates. (See Rule 24.) The enquiry prescribed in Rule 24 of the Government Estates Manual is not intended to be complete re-survey and re-settlement of a diara estate. It is prescribed for the ascertainment and record of the changes that have occurred as a result of the previous rainy season. On the basis of it the Collector is able to see- (i) What land has been completely diluviated or rendered unculturable by sand deposit or for any other reason. (ii) What land has deteriorated as a result of sand deposit or otherwise without being rendered unculturable. (iii) What new land has accreted and is capable of cultivation. (iv) What land has improved as a result of deposit of silt. ### 2. The Collector is then in a position to do four things:- (a) To accept a surrender of land, which a raiyat wishes to give up and to abate the rent due from such land in accordance with Section 52-A of the Bihar Tenancy Act. (b) To make for the year remissions of rent for land which is wholly unculturable or has deteriorated. The amount of remission (a) for wholly unculturable land and (b) for land which has seriously deteriorated should be according to a standard scale. Where the non-occupancy raiyats are holding under kabuliyats of the form given in Appendix-A to the Government Estates Manual, the rates fixed by those kabuliyats should be considered when laying down a scale for remissions. N.B. - Such remission is to be sharply distinguished from the reduction of rent which a Collector is required by Section 25-A of the Act or otherwise to make in consequence of the permanent deterioration of land. (c) To settle newly accreted land, subject to any rights that the raiyats may have on it under Section 52-A (2) or by reason of the land accreting to the holding of a raiyat. (d) To demand from non-occupancy raiyats additional rent for land which has improved subject to the rights secured to them by contract or by statute. For example, if rent has been determined under Section 46(6) of the Bihar Tenancy Act and the raiyat has agreed to pay that rent, he is entitled to hold the land for five years at that rent. ### 3. The processes indicated above will not ordinarily affect the whole estate and amount merely to a revision of the current demand of the jamabandi and not to "a settlement of rents" as contemplated in Chapter XL of the Survey and Settlement Manual. Consequently no administrative sanction by higher authority for the inception of the work (as prescribed in section III, Chapter III of that Manual for settlements) is necessary, and no "confirmation" as contemplated by Rule 646 is required. ### 4. The amount of work involved in carrying out these annual enquiries must vary greatly with the circumstances of each particular estate. In some estates in certain years large changes will occur involving a reasonably accurate resurvey of a considerable proportion of the estate. In others, the changes may be so slight as to render survey unnecessary unless the raiyats ask for it. In exceptional cases dealt with in the next paragraph the whole estate or a very large part of it is annually submerged, and only small portions are cultivated for catch crops. It will probably be found advisable for the Khasmahal officer to make first a rapid inspection of the diara estates under his charge and then give the amin precise instructions as to the amount of survey required; and the manner in which it is to be carried out, visiting the estates again for the purpose of checking the amin's work and deciding what recommendations will be made for remission or assessment. Rule 24 of the Government Estates Manual requires that there should be for each year for each estate a copy of the maps marked to show the position in that year. If no change is made the fact may be merely recorded on the previous year's maps. ### 5. For the exceptional cases, which will be rare, where the whole estate or a very large part of it is annually submerged, special measures will be necessary. As contemplated in rule 637 of the Survey and Settlement Manual, a settlement from year to year is required. It is impossible to make anything like an accurate map, without wholly disproportionate expense, the culturable land will ordinarily be in isolated patches. These should be identified by deputing an amin or any other suitable officer and given to persons who may be legally or Equitably entitled, and they should be asked to pay the rent which is payable under the law or which may be deemed to be quit able at suitable rates according to the productivity and other advantages of the soil, as the case may be for the lands actually found later to be cultivated by them in the year. It may be advisable to take an advance payment. The boundary of the portion of the estate which is found to have emerged from the river should be roughly sketched in on a copy of the 16" sheet, and the position of culturable patches indicated roughly thereon. These patches should be surveyed at once, the external boundary of the patch and the internal detail of the plots given to each raiyat being surveyed as accurately as possible, though the relation of one patch to another may be left only roughly determined. A khasra should be prepared and the copy of the map should be dated. An amin should again be deputed as soon as the crops are fairly on the ground to measure up land which has emerged later and has been cultivated and to prepare a more complete khasra indicating not only the plots under each raiyat but also the crops grown thereon. The Khasmahal Officer should then pay a second visit and decide what rents are payable. His proceedings should be submitted to the Collector for confirmation, and a brief report sent to the Commissioner for information and comment, if necessary. It should be specially noted in this report whether the estate shows signs of becoming sufficiently stable to warrant its treatment in future year in the manner indicated in the preceding paragraphs. The rates of rent for each class of land in each estate should be prescribed by the Commissioner, and should not be varied without his sanction.The demand as determined by the Collector on the basis of the Khasmahal Officer's proceedings will be the demand of the year. ### 6. Three specific question arise, viz.- (1) Does the annual jama of a khasmahal diara estate, fixed after annual verification, require the Commissioner's sanction? (2) Does a remission of rent allowed by the Collector as a result of annual verification require Commissioner's sanction when the total remission for a single estate exceeds Rs. 100? (3) In non-occupancy diara holdings can the landlord legally enhance the rent whenever it is below the prevailing rate: Provided he follows the prescriptions of Section 46 of the Bihar Tenancy Act, or is the rent of a non-occupancy raiyat not liable to enhancement for five years after it is fixed, irrespective of whether his land is diara or otherwise? ### 7. The answers to these questions are:- (1) No. (2) Yes, under Rule 92(b) of the Government Estates Manual with which may be read Rule 6 on page 58 of the Tauzi Manual, 1923, which clearly covers not only arrear but current demands. For each estate there will, save in very exceptional cases, be a "full demand" jamabandi which will be altered from year to year by reason of (i) abatement on surrender, (ii) assessment on settlement of newly accreted land, and (iii) additional rent agreed to by non-occupancy raiyats for improved land, i.e., cases (a), (c) and (d) of paragraph 2 above. If the remissions proposed, which are covered by case (b) of that paragraph, bring the demand of the year down below the "full demand" as so altered by more than Rs. 100, the Commissioners sanction is required under the existing rules. (3) A non-occupancy raiyat's rent can be legally enhanced by his landlord at any time, provided that the raiyat agrees except that it cannot be enhanced within five years of his agreement to pay a rent determined by a Court under section 46(6), Bihar Tenancy Act, as fair and equitable or of a settlement of fair rent under Chapter X of that Act. It will be observed, however, that a non-occupancy-raiyat can stand-out against an enhancement and force his landlord to go into Court under Section 46. ### 8. Three other points also arise on which it is desirable that orders should be passed:- (i) Is it the policy of Government to prevent the accrual of occupancy rights in their diara estates? (ii) Should new settlements of diara lands be confined to certain classes of tenants? (iii) Is it necessary to take kabuliyats from diara tenants, and if so, should they be registered? The answers are:- (i) Certainly not. The principle enunciated in Rule 254, on page 187 of the Wards Manual, 1941, applies to Government estates including diara estates. (ii) New settlement should be made with cultivating raiyats in relatively small blocks, especially with persons, who have previously cultivated in the vicinity and have lost some or all of their lands owing to diluvion. The practice of bringing in outsiders, especially clerks from Government offices who will usually do nothing but sublet, is strongly condemned. (iii) It will ordinarily be sufficient to take the signatures or thumb impressions of the tenants on the revised rent-roll. But where the past history of the estate suggests greater precaution, the Collector may direct that kabuliyats be taken. If they are taken it is preferable to have them registered, since the use of an unregistered written agreement as evidence is fraught with pitfalls (See Maharani Janki Kuer v. Brij Bhikhan Ojha, Patna Law Times, 541). Appendix E Appendix E (1) No. 1031-A dated Calcutta, the 18th March, 1911. (See Rule 24) From- E. Lister, Esq., I.C.S. Offig. Secretary to the Board of Revenue, L.P. Land Revenue Department. To-All Commissioners of Divisions (Except Chota Nagpur). The Hon'ble Mr. W.C. Macpherson, C.E.I., I.C.S.-The Board has had under consideration the difficulties which are experienced by Collectors of riverine districts in making raiyati settlements in char and diara estates belonging to Government. These difficulties a large extent arise out of the impossibility of arranging for an annual survey and classification of such lands, the agency which is at present available for the work being insufficient, with the consequent necessity of granting leases for periods exceeding a year. A recent decision of Mr. Justice Mukherji and Mr. Justice Teunon, in the case of Jahangar Baksh Mullick v. Ram Lal Singh, (Indian Law Reports, XXXVII, page 449), has made it necessary for the Board to look closely into the provisions of the law in connection with the practical requirements of such settlements. ### 2. The law which governs tenancy of char and diara lands is contained in Section 180 of the Bengal Tanancy Act which is cited below:. - "(1) Notwithstanding anything in this Act, a raiyat:- (a) who, in any part of the country where the custom of utbandi prevails, holds land ordinarily let under that custom and for the time being let under that custom; or (b) who holds land of the kind known, as char or diara, shall not acquire a right of occupancy in case (a) in land ordinarily held under the custom utbandi, and for the time being held under that custom, or, in case (b) in the char and diara land until he has held the land in question for twelve continuous years; and until he acquires a right of occupancy in the land, he shall be liable to pay such rent for his holding as may be agreed on between him and his landlord. (2) "Chapter VI shall not apply to raiyats holding land under the custom of utbandi in respect of land held by them under that custom. [General instructions in regard to settlement of such lands are given in Rule 698 on page 184 of the Settlement Manual, which, after laying down that in ordinary cases the periods prescribed by the law (as those within which rents cannot be enhanced) would be fixed for settlements goes on to say that "in dealing with char and diara, lands, where land on its first appearance is often poor in quality, but rapidly becomes more valuable by the deposit of silt, and where the cultivable area itself is liable to constant change, and where fresh lands of great fertility are continually becoming available, the application of this principle may be unfair to Government. In such cases, therefore, settlements should be made, with the approval of the Commissioner of the Division, for a shorter term, or from year to year for an indefinite period, in order that Government may step in and enhance rents whenever it is considered equitable to do so, in accordance with the special provisions relating to char and diara, which are contained in Section 180 of Tenancy Act."] [Corresponding to Rule 637 on pages 214-215 of the Survey and Settlement Manual, 1927.] ### 3. The terms char and diara have not been defined in the law, For, practical purposes, and with reference to sub-section (3) of Section 180, the term may be taken to mean the areas which the Collector determines to be subject to fluvial action such fluvial action being probable within a reasonably short period of time, judged by the previous history of the land under consideration. ### 4. A raiyat who cultivates char and diara lands must be either an occupancy raiyat or a non-occupancy raiyat (vide Section 4 of the Act). If he is an occupancy raiyat in respect of such lands, there is nothing in Section 180 to differentiate his rights as such from those which are enjoyed by an occupancy raiyat of ordinary lands. If, however, he is a non occupancy raiyat, it is a question of some difficulty to determine how far the rights of an ordinary non-occupancy raiyat, which are described in Chapter VI of the Act, are modified by the provisions of Section 180. In the judgement referred to in paragraph 2 this question has been considered in the following passage:- "If it is proved that the lands are really char lands, the question arises for decision how far Section 43 is affected by Section 180.This question appears to be one of first impression, and the language of Section 180 sub-section (1) is not altogether free from ambiguity. But after careful consideration of the arguments addressed to us we are of opinion that the introductory words notwithstanding anything in this Act, govern the whole of the remainder of the sub-section (1) including the clause about payment of rent during the period preceding the acquisition of a right of occupancy. It has been suggested on behalf of the respondents that, if this interpretation were adopted, sub-section (2) might be deemed to be superfluous. To this two answers may be given namely, first that sub-section (2) might have been introduced by reason of excessive caution; and secondly, that while sub-section (2) makes the Chapter VI inapplicable to utbandi tenants, sub-section (1) makes only such portion of Chapter VI inapplicable to utbandi tenants and diara tenants as relates to the payment of rent of before the lapse of twelve years. In our opinion it is fairly clear that during the twelve years which must elapse before a right of occupancy is acquired the tenant is liable to pay the rent agreed upon, irrespective of the provisions of Section 43." ### 5. The Boards is advised by the Legal Remembrancer that the final words of the passage above quoted from the High Court judgement, viz., "the tenant is liable to pay the rent agreed upon, irrespective of the provisions of Section 43", do not mean as they appear to mean at first sight that the raiyat is not entitled to the protection from ejectment provided by Section 46. It is undisputed law that a diara raiyat cannot be ejected for refusing to agree to enhancement except as provided by Section 46; and a diara non-occupancy raiyat is equally incompetent with all other classes of agricultural tenants to contract himself out of the provisions of the Bengal Tenancy Act relating to ejectment [vide Section 178 (1) (c)]. In fact it appears that, apart from the necessity of continuous possession as a raiyat of the specific plot for a period of twelve years, the raiyat who is admitted to the cultivation of diara land is at a disadvantage compared with a non-occupancy raiyat of non-diara land in one single respect only, namely, that an agreement for enhancement of rent made subsequent to admission which has not been recorded under Section 46(3) need not be registered. ### 6. [This paragraph contains criticisms of a form then in use in the district of Monghyr, which is it not necessary to reproduce.] ### 7. After consideration of the criticisms of the Monghyr Kabuliyat form, which have been noted in the preceding paragraph, the Board prescribes the form attached to this letter for general adoption as a model for kabuliyats which admit raiyats to the occupation of diara lands. The specific rates suggested in the model form and the indicative crops of clause I are obviously liable to local modification and the desirability of granting the lease for a term of years only has been explicitly left to discretion of Collectors. When a raiyat is already in possession as a tenant it will be clear from the earlier portion of this letter that during the continuance of the period agreed upon, conditions cannot be imposed on him against his consent, and that in the absence of mutual agreement, the rate of rent must be determined by the civil court. Appendix E (2) Circular Order 8 of February, 1881. (See Rule 109) The Board have been struck with the frequency of cases in which the result of a local enquiry, accidentally directed to the State of Collections in an estate which is managed raiyatwari, has been to bring to light embezzlements of moneys collected, and other irregularities on the part of the tahsildars who collect immediately from the raiyats. ### 2. They fear that the apprehension of such enquires being held unexpectedly will be the only effective means of checking such practices. ### 3. The Board, therefore, direct that the attention of all officers be drawn to the necessity of frequently testing, by local enquiry, the accuracy of the accounts kept by the rent-collectors in estates which are managed by officers of the Government and of the Court of Wards, and especially of such as are held raiyatwari under the Government. In a recent case of embezzlement submitted to Government, the Lieutenant-Governor was pleased to remark as follows: "The Lieutenant-Governor sees no reason why a Sub-divisional Officer (or an Assistant or Deputy Collector in the headquarters sub-division) should not visit every Government estate, and examine the accounts and converse with the raiyats once a year. It is an object to keep Government estates under direct management, in order that executive officers may have as much opportunity as possible of observing the actual condition and progress of the people. A Sub-divisional Officer could most profitably spend a few days on each Government estate during his cold weather tour." ### 4. These orders must be complied with, and the Board will hold Commissioners responsible that all such estates within their Divisions are properly visited and inspected at least once a year. In large estates the collections should be tested in selected villages from the charges of the different rent-collectors. It is however, absolutely essential that these enquiries should not be instituted during the cold weather only. Their value will evidently depend on their being made unexpectedly at any season of the year, and at uncertain times and intervals. ### 5. The enquiries may be made by the Collector, his Assistants, Deputies or Sub-Deputies, or by Managers of Wards' estates of a similar status. The inspecting Officer should at once summon before him the tahsildar or other rent-collector with his book, and also the patwaris and raiyats with their receipts, and should proceed then and there to test the entries in the tahsildars book by the receipts which the raiyats may produce and by their verbal statements. The object of the Board is not to detect such malpractices, but prevent their occurrence. If, therefore, the knowledge that these instructions have been issued, and that the Collector will insist on their being thoroughly carried out, has the effect of keeping the rent-collectors in the right course, the object will have been gained, even though the inspections bring nothing but regularity to light. ### 6. Reports of the result should always be submitted to the Commissioner, who, if necessary will lay them before the Board. ### 7. It is scarcely necessary to point out that should a subsequent inspection bring to light that any inspection officer has done this work superficially, and has so overlooked material existing irregularities, he will incur serious responsibility. To inspect a rent-collector's office without thoroughly understanding the details of his accounts and entering into them, will really do more harm than good, by giving confidence to a tahsildar who is inclined to go wrong, and by creating a false assurance of security as to his conduct. ### 8. This is a subject which should receive special mention in the Land Revenue Administration Report in the section relating to the direct management of estates. The number of inspections made, the name of the inspecting officer and of the office inspected, with the general results, should be given. Appendix E (3) Circular no. 33 dated Calcutta, the 16th February, 1900 (See Rule 135) From- A.E. Silk, Esq. M. Inst. C.E. Secretary to the Sanitary Board, Bengal. \| \| \| \| --- \| --- \| \| To-The \| Chairman, District Board \| \| \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_of\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \| \| Municipal Commissioner. \| The Hon'ble Mr. W.B. Oldham, C.I.E. The Hon'ble Mr. R.B. Buckley. Mr. D. Jose Elyne. Major H.J. Dyson, I.M.S.-I am directed to forward, for your information, suggestions for constructing well in Bengal as prepared by the Sanitary Engineer, Bengal. I am to say that the Board would recommend that all wells be constructed in the future on the principles laid down therein. Suggestions for constructing wells in Bengal. Suggestions for guidance of District Boards and other local authorities in Bengal for the construction of wells. ### 1. The site for a well should be on ground at a higher level than that of the adjacent lands, so that surface drainage shall not tend towards the well. ### 2. The site must be entirely separated from the drainage of houses, stable-yards, cow-sheds, etc., and from the soakage through hightly fertilized gardens, such as vegetable gardens or lands on which opium is usually grown. ### 3. The site should, as far as possible, be fixed with regard to the general slope of the subsoil water, so that it may be on the up-stream side of villages or collections of huts, etc. The slope of the subsoil water may be ascertained by observing the levels of the water. In existing wells at times when the draught on them is least, that is, after midday. ### 4. Wells should only be constructed during the driest months of the year when the subsoil water is lowest. ### 5. No definite rule can be laid down for fixing the diameter of a well for any required supply, a well sunk in pure sand yielding of course a much larger quantity of water than one sunk in loam or sand and silt. Experiments of yield may be made on wells already existing in the vicinity of the site of the proposed well. ### 6. All wells should be sunk 5 feet below the lowest known water-level in dry weather, as this is the greatest depth in which men can work, when it becomes necessary to clean out any deposit at the bottom of the well. If, however, iron excavators are available, the well may be sunk to a greater depth, if, by so doing, a better water-bearing stratum is reached. ### 7. The well for a depth of 10 feet below ground-level should consist of solid brick masonry in lime mortar; below this depth it may consist of alternate layers of six courses of dry brick masonry and two courses of brick masonry in lime mortar, the whole being bonded together by vertical iron tie-rods of the necessary diameter. ### 8. The accompanying sketch\* shows how the top 10 feet of the well should be constructed. The object of the clay puddle is to prevent surface water finding its way through the sides of the well without having been properly purified by passage through a deep layer of soil. The tile or stone course is provided to prevent the spillings and droppings of water creeping down the sides of the well. The top of the well is sloped off to prevent water-vessels being placed on the edge of the well and thus allowing their contents to be spilt back into the well. The light corrugated iron roof is for the purposes of preventing droppings of birds, leaves and dust into the well and of affording shade and shelter to the drawers of water. ### 9. If the depth of water below the ground at the driest season of the year is greater than 20 feet, iron buckets with light chains and wooden pulleys should be provided, so that private water-vessels need not be lowered into the well. For wells with the water surface less than 20 feet below the ground-level the top may be covered in with a brick masonry dome (on no account should the well be covered in with planks, as people can then walk about on the top of them, and dirt from their feet will fall into the water) and a small, simple, inexpensive bucket pump may be fixed on the platform surrounding the well and not on top of the well. \*Not reproduced. Appendix F Questions, prescribed for examination of registers, etc., in District and Sub-divisional Offices. (See Rule 109) (The references are to the Bihar Government Estates Manual 1953, where no other Manual is specified.) [In District and Sub-divisional offices ascertain that Registers 8, 9, 26, 26-A, 27, 32, 32-A, 46 and 69-A, and register of issue of check-books are kept; also the treasury challans; also the register of improvements under Section 80 of the Bihar Tenancy Act also for establishments the Pay Bill Book, acquittance roll, security register, travelling allowance book, contingent register, also the jamabandi (Register no. 1-A) or continuous khatian (Register no. 1B) for each estate; also the non-current account registers (viz. raiyati ledgers, siahas and counterfoil receipt books for years except the current year.] An index map should be hung up in the office showing the position of estates and there should be village-maps for each estate (see also under "Settlements"). ### 1. (a) In the last three years how often has the officer-in-charge been changed? (b) In the last three years how often has the head ministerial officer been changed? (c) What is the name of the officer-in-charge and how long has he been in charge? (d) What is the name of the head ministerial officer, and how long has he held the appointment? ### 2. What is the establishment employed in the khasmahal department? Register 32-Estates held under direct management. (Examine this register with reference to Rules 84 and 85 of the Manual.) ### 3. How many such estates are there? ### 4. Have proper enquiries been made with regard to diluviated estates and estates which cannot be identified (see footnotes to this register, page 34 of Register and Return Manual, 1932 and Rule 101 of the Manual)? ### 5. Has a list of khas mahals been prepared for each district in accordance with Rule 78 of the Manual showing how each such mahal came to be brought under direct management its revenue history, its area and rent-roll, and whether it should be retained as a khas mahal or not? Register 32-A Estates let out in farm. ### 6. Is a yearly list kept of estates whose settlement will expire [as prescribed in Rule 87 of the Manual]? Register 33-of dependent tenures. ### 7. Are the names and description of the tenures entered in the register? (2) Is the order under which the tenure was created or acknowledged noted? ### 8. Has the rent demand been properly entered? ### 9. Are changes of tenants duly recorded? Jamabandi Register No. 1-A or Continuous Khatian 1-B. ### 10. Ascertain that the jamabandis for all estates are kept at the headquarters (Rule 57 of the Manual). (2) Are alterations made in them only under the initials of the Khasmahal Deputy Collector? (Order affecting the jamabandi may be numbered in a separate file for each estate) (3) and does the Deputy Collector certify that mutations of names have been duly checked? ### 11. Are the instructions contained in Rules 41 and 42 of the Manual on the subject of subdivision and amalgamation of tenures and holdings in Government estates observed? ### 12. Are settlements being duly made of waste land unless required for pasture, fuel and other needs of the village? (2) Are kabuliyats taken when required from the tenants, e.g. for town land? and Is copy of an order sanctioning increase or decrease of rent sent to the tahsildar (Rule 85 of the Manual)? ### 13. Are abstracts entered in Register I ? ### 14. Does the Deputy Collector compare Register I with Registers 32 and 40 and certify as required in Rule 84 of the Manual? Other Registers and Accounts ### 15. Have the non-current collection registers, siahas and counterfoil receipt books been sent in by the village establishment? And have they been audited and checked by the headquarters establishment? ### 16. Are counterfoil receipt book supplied to tahsildar in books with serial page numbers ? (2) Is a register kept showing to what tahsildars each book has been issued? (3) Are books duly checked on return (Rule 65 of the Manual)? Returns and Accounts. ### 17. (a) Has Return No. I for last half year been punctually submitted? (b) Is it compared with Annual Return XLI and does the Tauzi Deputy Collector certify that the two returns agree (Rule 105 of the Manual)? ### 18. Are statements of progress of collections punctually submitted by tahsildars (Rules 76 and 91 of the Manual)? ### 19. When payments are made direct into the Treasury (Rule 70 of the Manual), is a copy of the challan sent to the tahsildar? ### 20. Are collections satisfactory? If below the average, what is the reason? Should tenants on any estate be given time for payment? ### 21. Are arrangements for punctual sending up items for remission sufficient? ### 22. Are lists of defaulters prepared (Rule 77 of the Manual)? (2) Is a statement prepared at the close of the year by each tahsildar showing the balance due from each raiyat (3) Are these arrears enquired into and tested, and is a certificate furnished to the Certificate Officer as required by Rule 96 of the Manual? ### 23. Is the number of certificates issued excessive? And does the officer-in-charge discourage their issue for small amounts (Rule 95 of the Manual). ### 24. Are payments on account of cesses due on Government estates made by the khas mahal department in a lump sum? (2) And are recoveries from tenants properly credited? ### 25. Are establishments punctually paid? (2) Are the tahsildars paid by commission? (3) Is a register of payments of commission kept in the forms prescribed in Rule 122 of the Manual? ### 26. Has necessary security been given by all employees? Improvements. ### 27. Examine the programmes of improvements (Rules 144 and 147 of the Manual) and the sufficiency of the grant for improvements. (1) How is it being spent? (2) Is the expenditure carefully checked? (3) And are the rules with regard to advance and refund observed? (Rule 150 of the Manual.) ### 28. Are improvements registered in Register IV of the registers under the Bihar Tenancy Act? (2) And are they noted in the khas mahal department in a register with a record of yearly cost and note of their utility? (3) Has the annual programme been worked upto? If not, why? What measures are to be adopted to ensure its being carried out? Miscellaneous. ### 29. Note anything important with regard to recent sales of estates or farming of roadside lands, and see whether the rules about alienation of land are understood and observed (Chapter VIII and Rule 33 of the Manual). ### 30. Does the officer-in-charge of khas mahals visit the estates and inspect the tahsil offices frequently and unexpectedly? (2) Does he check the collections in the villages? (3) And does his check come up to the percentage prescribed under Rule 113 of the manual? (4) Is he well acquainted with local conditions and requirements, and does he know the raiyats? (5) Does he pass orders promptly on petitions and cases of all kinds? (See Registers 8 and 27 kept in this Department). (6) Does he keep a village note-book as required by Rule 81 of the Manual? (7) Does the number of days spent by him on tour come up to the minimum fixed by the Commissioner? If not why? ### 31. When was the khas mahal department last inspected and by whom? ### 32. Have orders then passed been carried out? ### 33. Has any tahsildar or patwari been allowed to remain in the circle for more than three years? If so state reasons (vide Rule 116). Questions for inspecting officer at tahsil offices and in the villages. ### 34. Has the tahsildar got (1) trace of the last settlement map for each village? and (2) a khasra, or list of unsettled plots? ### 35. Does the officer-in-charge of Government estates keep a village notebook as laid down in Rule 81 of the Manual? ### 36. (1) Are the current raiyati ledgers (Register 2), Siahas (3 and 4), Treasury pass-book (5), Remission register (6), Counterfoil receipt book (7), properly and punctually written up? (2) And are non-current registers, etc., sent into headquarters? (3) Have the old receipt books been sent to headquarters after they have been tested by the inspecting officer after the close of the year (vide Rule 65). ### 37. Are the raiyati ledgers balanced after each transaction? ### 38. After assembling the raiyats compare the counterfoil receipts with the receipts held by the raiyats and with the entries in Registers 2 and 3 and note the result. ### 39. Do the figures for collections for a particular year as shown in Register II agree with the total figures of collections for that period separately compiled from Registers III-A and III-B (vide Rule 75)? ### 40. Compare the entries of remittances to the Treasury in Registers 3 and 4 with the pass-book or receipted challans. ### 41. Verify entries of mutations, remissions, etc., in Register 2 with the orders of superior officers to be produced by the tahsildar and initial and date such items as are checked. ### 42. Verify the arrear list (to be brought from headquarters) by comparison with the defaulter's account in Register 2. (See the percentage of check under questions 40 to 42 prescribed in Rule 113). ### 43. Are collections satisfactory? If below the average, what is the reason? (2) Should any tenant be given time for payment? ### 44. Are advances to raiyats outstanding and should they be pressed to pay? ### 45. Ascertain what steps are taken by the tahsildar to find tenants for unoccupied or unsettled lands (not wanted for pasture, fuel, etc.). ### 46. What steps is the tahsildar taking to send up items for remission? ### 47. (1) Note the result of recent harvests and present state of crop and any considerable calamities (2) is land being diluviated or deteriorated by sand deposit? ### 48. (1) What is the condition of the raiyats as compared with those in adjoining zamindaris? (2) Have there been any relinquishment or abandonments or holdings? If so, why? ### 49. Are there any complaints of oppression or illegal exaction? ### 50. Any petitions from the raiyats? ### 51. (1) Are the tenants in need of takavi loans? (2) Or could an agricultural bank be established? ### 52. (1) Go over the village lands and village site and discuss with the raiyats and village staff the improvements that can be effected agricultural, sanitary, e.g. wells, tanks and communications. (2) Note condition of boundary marks. ### 53. Are there new sources of revenue which can be developed-fisheries, bazaars, orchards, mines etc.? ### 54. Have all the tahsil and village officers received their pay for last month? ### 55. Have the local officers any moneys in hand for improvements or other purposes? ### 56. Are the tahsil kachahri buildings, furniture, etc., in good order? [Inserted by C.S. No. 4 dated 24.3.1954.] [Substituted by C.S. No. 1 dated 11.12.1953.] [Substituted by C.S. No. 1 dated 11.12.1953.] [Substituted by C.S. No. 1 dated 11.12.1953.] [Substituted by C.S. No. 1 dated 11.12.1953.] [Added by C.S. No. 4 dated 24.3.1954.]
65baaa72ab84c7eca86ec4d5	acts	State of Gujarat - Act ------------------------ The Bombay State Reserve Police Force Act, 1951 ------------------------------------------------- GUJARAT India The Bombay State Reserve Police Force Act, 1951 ================================================= Act 38 of 1951 ---------------- * Published on 23 October 1951 * Commenced on 23 October 1951 The Bombay State Reserve Police Force Act, 1951 Bombay Act No. 38 of 1951 [Dated 23rd October, 1951] For Statement of Objects and Reasons, see Bombay Government Gazette, 1951, Part V, page 320. An Act to provide for the constitution and regulation of an armed Reserve Police Force in the State of Bombay. Whereas it is expedient to provide for the constitution and regulation of an armed Reserved Police Force in the State of Bombay; It is hereby enacted as follows:-- ### 1. Short title, extent, commencement and application. (1) This Act may be called the Bombay State Reserve Police Force Act, 1951. (2) [ It extends to the whole of the [State of Gujarat] [This sub-section was substituted by Bombay 74 of 1958, section 3(1) .] . (3) It shall come into force [in the [Bombay area of the State of Gujarat] [These words were inserted, by Bombay 74 of 1958, section 3(2) (a).] ] on such date as the State Government may, by notification in the Official Gazette [appoint in this behalf; and in that part of the State to which it is extended by the Bombay State Reserve Police Force (Extension and Amendment) Act, 1958 (Bombay LXXIV of 1958), it shall come into force on such other date as that Government may, by like notification, appoint] [These words, brackets and figures were substituted for the words 'appoint in this behalf', by Bombay 74 of 1958, section 3 (2) (b).] . (4) It shall apply to the members of the State Reserve Police Force. Wherever they may be. ### 2. Definitions. - In this Act, unless there is anything repugnant in the subject or context,- (a) "active duty" means- (i) the duty to [prevent or] [These words were inserted, by Bombay 74 of 1958, section 4.] investigate offences involving a breach of peace or danger to life or property and to search for and apprehend persons concerned in such offences or who are so desperate and dangerous as to render their being at large hazardous to the community; (ii) the duty to take all adequate measures for the extinguishing of fires or to prevent damage to person or property on the occasion of such occurrences as fires, floods, earthquakes, enemy action or riots and to restore peace and preserve order on such occasions; (iii) such other duty as may be specified to be active duty by the State Government or the Inspector-General in a direction issued under section 10; (b) "Commandant" and "Assistant Commandant" mean respectively persons appointed to those offices by the State Government under section 5; (c) "Commissioner of Police" and "Deputy Commissioner" means respectively a Commissioner of Police and a Deputy Commissioner of Police appointed under the Bombay Police Act, 1951 (Bombay XXII of 1951); (d) "Follower" means any person appointed to do the work of a cook, mess servant, washerman, cobbler, barber, tailor, sweeper or an orderly in connection with the State Reserve Police Force; (e) "members of the subordinate rules" means members of the State Reserve Police Force below the rank of [Battalion Commander or Commander of Head Quarters Wing] [These words were substituted for the words 'Adjutant or Battalion Commander' by Bombay 48 of 1954, section 2.] ; (f) "Police Officer" means every police officer as defined by the Police Act, 1861 (V of 1861), or the Bombay Police Act, 1951 (Bombay XXII of 1951); (g) "Prescribed" means prescribed by rules made under this Act; (h) "reserve police officer" means any member of the State Reserve Police Force established under this Act; (i) "superior officer" means in relation to any reserve police officer, a reserve police officer of a higher rank than, or of a higher grade in the same class as, or of the same rank as, but senior to, himself; (j) the words and expressions used herein and which are defined in the Indian Penal Code (XLV of 1860), the Code of Criminal Procedure, 1898 (V of 1898), and the Bombay Police Act, 1951 (Bombay XXII of 1951), and not hereinbefore defined, shall have the meanings respectively assigned to them in those enactments. ### 3. Constitution of the State Reserve Police Force. (1) In addition to the Police Force constituted under the Bombay Police Act, 1951 (Bombay XXII of 1951), the State Government may establish and maintain armed reserve police force known as the State Reserve Police Force. (2) The State Reserve Police Force shall be established and maintained in such manner as may be prescribed. (3) Subject to the provisions of this Act, the pay, pension and other conditions of service of members of the State Reserve Police Force shall be such as may be determined by the Government: Provided that nothing in this section shall apply to the pay, pension and other conditions of service of the members of the Indian Reserve Police or the Indian Police Service who may be transferred to the State Reserve Police Force. (3A) [ Every person who, immediately before the commencement of this Act in that part of the State to which it is extended by the Bombay State Reserve Police Force (Extension and Amendment) Act, 1958 (Bombay LXXIV of 1958), was a member of the Reserve Police Force constituted under the Saurashtra Reserve Police Force Act, 1955 (Saurashtra IX of 1955), or of any armed Reserve Police Force constituted under any other law for the time being in force, and serving therein in connection with the affairs of the State of Bombay shall (unless the State Government by order otherwise provides) on such commencement be deemed to be a member of the State Reserve Police Force constituted under this Act, and accordingly the provisions of this Act shall apply to him, and he shall be deemed to be vested with the powers, functions and privileges and be subject to the liabilities of a member of such State Reserve Police Force, or of the relevant grade thereof; but the pay, rights as respects pension and other conditions of service applicable to him immediately before the commencement of this Act in that part of the State shall continue to apply to him until altered, repealed or amended by the State Government under subsection (3) but such alteration repeal or amendment shall be subject to proviso to subsection (7) of section 115 of the States Reorganisation Act, 1956 (XXXVII of 1956)] [This sub-section was inserted by Bombay 74 of 1958, section 5.] (4) The State Government or any officer empowered by it in this behalf may, (a) divide the State Reserve Police Force in groups; (b) sub-divide each group into battalions, and each battalion into companies, and each company into platoons; (c) post any group, battalion, company or platoon at such places as the State Government or the officer empowered by it in this behalf may deem fit. ### 4. Superintendence, control and administration of Force. - The superintendence of and control over the State Reserve Police Force shall vest in the Government; and the State Reserve Police Force shall be administered by the State Government in accordance with the provisions of this Act and of any rules made thereunder, through such officers as the State Government may from time to time appoint in this behalf. ### 5. Appointment of Commandant, [Assistant Commandant and Adjutant] [These words were substituted for the words 'and assistant Commandants' by Bombay 74 of 1958, section 3 (4) .] . (1) The State Government may appoint for each group a Commandant who shall be a person eligible to hold the post of a District Superintendent and an Assistant Commandant [and an Adjutant who shall be persons] [These words were substituted for the words 'who shall be a person' by Bombay 48 of 1954, section 3(1) .] eligible to hold the post of an Assistant or a Deputy Superintendent. (2) Notwithstanding anything contained in sub-section (1), the State Government may appoint such Military Officer as it deems fit to be a Commandant or Assistant Commandant, [or Adjutant] [These words were added, by Bombay 48 of 1954, section 3(2) .] . (3) The Commandant, the Assistant Commandant, [the Adjutant] [These words were inserted, by Bombay 48 of 1954, section 3 (3) ] and every other officer so appointed shall have and may exercise such powers and authority as may be provided by or under this Act. ### 5A. [ Appointment of Battalion Commanders and Commanders of Head Quarters Wings. [Section 5A was inserted, by Bombay 48 of 1954, section 4.] - Subject to the general or special orders of the State Government, the Inspector-General shall appoint the Battalion Commanders and the Commanders of Head Quarters Wings.] ### 6. Enrolment. (1) Before any person appointed to be a reserve police officer joins his appointment, a declaration in the form in Schedule A shall be read out and if he so desires, explained to him in the presence of a Commandant or an Assistant Commandant or a police officer not lower in rank that a District Superintendent or a Deputy Commissioner and shall be signed by him in token of his having undertaken to abide by the conditions prescribed therein. The declaration shall then be attested by such Commandant, Assistant Commandant or Police Officer, as the case may be. (2) No reserve police officer shall resign his appointment except in accordance with the terms of the declaration signed by him under sub-section (1). (3) If any Reserve police officer resigns in contravention of this section, he shall be liable, without prejudice to any other penalty imposed by this Act or any other law for the time being in force, on the order of the Commandant, to forfeit all arrears of pay then due to him. ### 7. Transfer. (1) Notwithstanding anything contained in this Act or the Bombay Police Act, 1951 (Bombay XXII of 1951), it shall be competent to the State Government to transfer members of [\* \* \*] [The word 'the armed section oF were deleted by Bombay 48 of 1951, section 5.] the Police Force appointed under the Bombay Police Force Act, 1951 (Bombay XXII of 1951) to the State Reserve Police Force established under this Act and vice versa: Provided that the State Government may delegate its power under sub-section (1) in so far as it relates to the transfer of members of the subordinate ranks of the respective Police Force to the Inspector-General. (2) On the transfer of a member of the Police Force appointed under the Bombay Police Act, 1951 (Bombay XXII of 1951), to the State Reserve Police Force established under this Act or vice versa, he shall be deemed to be a member of the Police Force to which he is transferred and in the performance of his functions, he shall, subject to such orders as the State Government may make, be deemed to be vested with the powers and privileges, and be subject to the liabilities of a member of such grade in the Police Force to which he has been transferred as may be specified in the orders. ### 8. Certificate of appointment to certain reserve police officers, when it is to be returned back. (1) [A Battalion Commander] [These words were substituted for the words 'An Adjutant, a Battalion Commander', by Bombay 48 of 1951, section 6.] or Company Commander shall on appointment, receive from the Inspector-General of Police a certificate of appointment containing particulars of his name, age, religion and his previous service, if any. (2) Every reserve police officer below the rank of a Company Commander shall on appointment receive a certificate in the form of Schedule B, which shall be issued under the seal of the Commandant. (3) Every person who for any reason ceases to be a reserve police officer shall forthwith deliver up to an officer empowered by the Commandant to receive the same, his certificate of appointment and the arms, accoutrements, clothing and other necessaries which have been furnished to him for the execution of his office. ### 9. General powers of Commandant. - The Commandant shall, subject to the orders of the Inspector-General of Police, direct and regulate all matters of arms, drill, exercise, mutual-relations, distribution of duties, and all the matters of executive detail in the fulfilment of their duties by the members of the group in his charge. ### 10. General duties of members of State Reserve Police Force. (1) Every reserve police officer shall for the purpose of this Act be deemed to be always on duty in the [State of Gujarat] [Substituted by A.O., 1960.] and any reserve police officer and any member or body of reserve police officers may, if the State Government or the Inspector-General of Police so directs, be employed on active duty for so long as and wherever the services of the same may be required. (2) Every direction issued under sub-section (1) shall specify that the duty on which any reserve police officer or any member or body of such officers is directed to be employed shall be deemed as active duty for the purposes of this Act. Explanation. - The direction of the State Government or of the Inspector-General of Police whether a reserve police officer is required or is on active duty shall be final. (3) A reserve police officer employed on active duty under sub-section (1), or when a number or body of reserve police officers are so employed, the officer in charge of such number or body, shall be responsible for the efficient performance of that duty and all police officers who but for the employment of one or more reserve police officers or body or reserve police officers would be responsible for the performance of that duty will to the best of their ability assist and co-operate with the said reserve police officers or officer in charge of a number or body of reserve police officers. ### 11. Reserve police officer to be deemed in charge of police station. (1) When employed on active duty at any place under sub-section (1) of section 10, the senior reserve police officer of highest rank not being lower than that of a Naik present shall be deemed to be an officer in charge of a Police Station for the purposes of Chapter IX of the Code of Criminal Procedure, 1898 (V of 1898). (2) Circumstances under which reserve police officer entitled to use force. - Notwithstanding anything contained in sections 100 and 103 of the Indian Penal Code (XLV of 1860), a reserve police officer employed as aforesaid may, when there is reasonable apprehension of assault on himself or any reserve police officer or of damage or harm to any property or person which or whom it is his duty to protect, use such force to the wrongdoer or assailant as may be reasonably necessary even though the use of such force may involve risk of death of the wrongdoer or the assailant or any other person assisting such wrongdoer or assailant. ### 12. Offence in respect of resignation contrary to provisions. - If any reserve police officer resigns his appointment in contravention of section 6, he shall be punished with imprisonment for a term which may extend to one year or with fine which may extend to one thousand rupees or with both. ### 13. Offence in respect of refusal to deliver certificate of appointment, etc. - Any reserve police officer who wilfully neglects or refuses to deliver up his certificate of appointment or any other article in accordance with sub-section (3) of section 8 shall be punished with imprisonment for a term which may extend to three months or with fine which may extend to five hundred rupees or with both. ### 14. More heinous offences. - Every police officer who- (a) begins, excites, causes or conspires to cause or joins in any mutiny, or being present at any mutiny, does not use his utmost endeavours to suppress it by force of arms, if necessary, or knowing, or having reason to believe in, the existence of any mutiny, or of any intention or conspiracy to mutiny or of any conspiracy against the State, does not, without delay, give information thereof to his superior officer present at or near the place; or (b) uses, or attempts to use criminal force to, or commits an assault on his superior officer, knowing or having reason to believe him to be such, whether on or off duty; or (c) shamefully abandons or delivers up any post, guard, buildings, fortification, or property which is committed to his charge, or which it is his duty to defend; or (d) in the presence of any person in arms against whom it is his duty to act, shamefully casts away his arms or ammunition or intentionally uses words or any other means to induce any reserve police officer or any police officer to abstain from acting against any such person in arms, or to discourage such officer from acting against any such person in arms or who is otherwise guilty of cowardice or misbehaviour in the presence of any such person in arms; or (e) directly or indirectly holds correspondence with, or communicates intelligence to, or assists, or relieves, any person in arms against the State, or any person conspiring against Government or public security or any person to be arrested, or omits to discover immediately to his superior officer present, any such correspondence or communications coming to his knowledge; or (f) directly or indirectly sells, gives away, or otherwise disposes, or agrees to, or assists in, the sale, gift or disposal of any arms, ammunition or equipment to any such person as aforesaid, or knowingly harbours or protects any such person; or (g) while on active duty, (i) disobeys the lawful command of his superior officer; or (ii) deserts his force or his post; or (iii) being a sentry, or otherwise detailed to remain alert, sleeps at his post or quits it without being regularly relieved or without leave; or (iv) without authority, leaves his Commanding Officer for any purpose whatsoever; or (v) uses criminal force to, or commits an assault on, any person whom he has not any reason to believe to be in arms against the State and against whom it is his duty to act, or without authority breaks into any house or other place for plunder or any illegal purpose, or wilfully and unnecessarily plunders, destroys or damages any property of any kind; or (vi) intentionally causes or spreads a false alarm, in action or in camp, garrison or quarters, shall on conviction, be punished with rigorous imprisonment for a term which may extend to fourteen years and shall also be liable to fine. Explanation. - A reserve police officer shall be deemed to desert the force if he leaves his place of duty or posting without the permission of his superior officer and he shall be deemed to desert his post if he leaves any sentry, beat, point, building, vehicle, or other place at which or in which he is specifically ordered by his superior officer to perform the duty assigned to him. ### 15. Less heinous offences. - Every reserve police officer who- (a) assaults or uses or attempts to use criminal force to any sentry; or (b) being in command of a guard, picket or patrol refuses to receive any prisoner or person lawfully made over to his charge or whether in such command or not releases any prisoner or person without proper authority or negligently suffers any prisoner or person to escape; or (c) being in command of a guard, picket or patrol permits any person belonging to such guard, picket or patrol to engage himself in gambling or other behaviour prejudicial to good order and discipline; or (d) being under arrest or in confinement leaves his arrest or confinement before he is set at liberty by lawful authority; or (e) is grossly insubordinate to his superior officer in the execution of his office; or (f) refuses to superintend or assist in the making or carrying out of any construction of any description ordered to be made either in quarters or in the field; or (g) assaults or otherwise ill-uses any reserve police officer with reference to whom he is a superior officer; or (h) designedly or through neglect damages or loses or fraudulently or without due authority disposes of his arms, clothes, tools, equipment, ammunition, accoutrements or other necessaries furnished to him for the execution of his office or any such articles entrusted to him or to any other person; or (i) malingers, feigns or produces disease or infirmity in himself for intentionally delaying his cure or aggravates his disease or infirmity; or (j) with intent to render himself or any other person unfit for duty, voluntarily causes hurt to himself or any other person; or (k) commits extortion or without lawful authority extorts from any person carriage, porterage or provisions; or (l) wilfully or negligently ill-treats, injures or causes the death of any animal or damages, losses or makes away with any animal or vehicle used in the public service; shall, on conviction, be punished with rigorous imprisonment for a term which may extend to six months or with fine which may extend to five hundred rupees or with both. ### 16. Reserve police officer in command to give information of commission of offence under Act by reserve police officer under his charge. - A reserve police officer who, being in command of any guard, picket, party, patrol or detachment and knowing of the commission or of a design to commit any offence punishable under section 14 or 15 of this Act, by or on the part of any reserve police officer under his command, intentionally omits or without reasonable excuse, the burden of proving which shall lie on him, fails to give information of such commission or design to his superior officer shall, on conviction, be punished with rigorous imprisonment for a term which may extend to six months or with fine which may extend to five hundred rupees or with both. ### 17. Place of imprisonment and liability to dismissal on imprisonment. (1) Every person sentenced under this Act to imprisonment may be dismissed from the State Reserve Police Force, and his pay, allowance and any other moneys due to him, as well as any medals and decorations received by him shall further be liable to forfeiture. (2) Every such person shall, if so dismissed, be imprisoned in the prescribed prison, but if he is not also dismissed from the State Reserve Police Force, he may, if the Court so directs, be confined in the quarter-guard or such other place as the Court may consider suitable. ### 18. Minor punishments. (1) A Commandant, or subject to the control of the Commandant, an Assistant Commandant, or subject to the same control, an officer not below the rank of Jamadar in independent command of a detachment or an outpost or in temporary command of a Group Headquarters during the absence of the Commandant or Assistant Commandant may award to any reserve police officer not higher in rank than a Battalion Havildar Major or to any follower subject to his authority, any of the following punishments for the commission of any offence against discipline which is not otherwise provided for in this Act, or which, in the opinion of the Commandant, Assistant Commandant or Officer, as the case may be, is not of sufficiently serious nature to call for prosecution before a criminal Court, that is to say- (a) punishment drill, extra guard, fatigue or any other duty for a term which may extend, when the order is passed by the Commandant, to fourteen days, and, when the order is passed by any other officer, to seven days; (b) forfeiture of pay and allowances or such proportion of pay and allowances as he considers necessary for a period which may extend, when the order is passed by the Commandant, to one month and, when the order is passed by any other officer, to ten days; (c) fine to an amount not exceeding one month's pay: Provided that- (i) no power under this sub-section shall be exercised by a Commandant or Assistant Commandant or other officer not below the rank of Jamadar unless the person to be awarded any of these punishments is under the command of such officer at the time when the breach of discipline or misconduct occurred and also when the power is exercised; and (ii) when more than one officer is competent under proviso (i) to exercise the power, the most senior of such offences shall exercise the power. (2) Any of the punishments specified in sub-section (1) may be awarded separately or with any one or more of the others: Provided that fine shall not be awarded in combination with forfeiture of pay or allowances. (3) No appeal shall lie from any order of punishment passed under this section except from an order of punishment of fine as provided in sub-section (4). (4) An appeal against an order awarding punishment of fine shall lie to the State Government or to such officer as the State Government may by general or special order specify in this behalf. (5) When a Commandant or an Assistant Commandant or other officer passes an order under sub-section (1), he shall enter in a book to be kept for the purpose a brief description of the default, together with the names of witnesses, explanation of the defaulter and the order of punishment and shall sign and date each such order. ### 19. Every reserve police officer to be police officer as defined in Bombay XXII of 1951 (Bombay XXII of 1951). - Except as specifically provided in the foregoing sections of this Act, every reserve police officer shall for all purposes be deemed to be a police officer as defined in the Bombay Police Act, 1951 (Bombay XXII of 1951), and the provisions of that Act shall, except in so far as they are inconsistent with the provisions of this Act, apply to every such reserve police officer. ### 20. Protection for acts of members of Force. (1) In any suit or proceeding against any member of the State Police Reserve Force for any act done by him in pursuance of a warrant or order of a competent authority, it shall be lawful for him to plead that such act was done by him under the authority of such warrant or order. (2) Any such plea may be proved by the production of the warrant or order directing the act, and if it is so proved, the member of the said Force shall thereupon be discharged from liability in respect of the act so done by him, notwithstanding any defect in the jurisdiction of the authority which issued such warrant or order. (3) Notwithstanding anything contained in any other law for the time being in force, any legal proceeding, whether civil or criminal, which may lawfully be brought against any member of the State Police Reserve Force for anything done or intended to be done under the powers conferred by, or in pursuance of, any provision of this Act, or the Rules thereunder, shall be commenced within six months after the act complained of was committed and not otherwise, and notice in writing of such proceeding and of the cause thereof shall be given to the defendant or his superior officer at least one month before the commencement of such proceeding: Provided that such proceedings may, with the sanction of the State Government, be commenced at any time after the act complained of was committed. ### 21. Power to make rules. (1) The State Government may make rules not inconsistent with this Act for carrying out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing provisions, such rules may provide for all or any of the following matters, namely:-- (a) regulating the number, classes of grades of the State Reserve Police Force; (b) administration of the State Reserve Police Force; (c) recruitment, organization, classification and discipline of the members of the subordinate ranks; (d) inspection of the Force; (e) description and quantity of arms, accoutrements, clothing and other necessaries to be furnished to the members of the Force. ### 22. [ Repeal and Saving. [This section was inserted by Bombay 74 of 1958, section 7.] - On the commencement of this Act, in that part of the State to which it is extended by the Bombay State Reserve Police Force (Extension and Amendment) Act, 1958 (Bombay LXXIV of 1958), the Saurashtra Reserve Police Force Act, 1955 (Saurashtra IX of 1955), and any other law corresponding to this Act or relating to the constitution and regulation of an armed Reserve Police Force, and in force, in that part of the State, shall stand repealed: Provided that such repeal shall not affect- (a) the previous operation of the law so repealed, or (b) any penalty, forfeiture or punishment incurred in respect of any offence committed against any of the provisions of the law so repealed, or (c) any investigation, legal proceeding or remedy in respect of such penalty, forfeiture or punishment as aforesaid, and any such investigation, legal proceeding or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment, may be imposed, as if this Act had not come into force in the relevant part of the State: Provided further that subject to the preceding proviso, anything done or any action taken (including any appointments made, certificates issued, rules or orders made, or directions given) by or under the provisions of the law so repealed, shall in so far as such thing or action is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the corresponding provisions of this Act.] A --- (See Section 6) Form of declaration to be signed before joining appointment in the State Reserve Police Force. I, (Name in full) ......................................................... (designation in the case of a member of the Police Force / address in the case of a direct recruit..................................................... declare that- (1) I am willing to serve, wherever posted, in the State Reserve Police Force, (2) I shall not be entitled to resign my appointment in the State Reserve Police Force or to apply for a transfer to any other Police Force until I have completed the prescribed period of service in the State Reserve Police Force, and (3) I shall not be entitled to resign my appointment or to apply for the transfer in the manner specified in (2) above even after the completion of the prescribed period of service, if on the relevant date I am on active duty or if my resignation or transfer as the case may be would cause the vacancies in my Group to exceed such percentage of the sanctioned strength of the Group as may for the time being have been prescribed by the State Government. Signature in token of the above declaration having been read out and explained to the ................................ declarant and of his having understood ................................. and accepted it. Date............... Place ............. Signed in my presence after I had satisfied myself that (Name in full)..................................................................................................... (designation in the case of a member of a Police Force / full address in the case of a direct recruit .................................................................................. has understood and accepted the declaration and signed it in my presence. Signature..................... Designation of the Officer Commandant or before whom the declaration Assistant Commandant or is signed. Police Officer Date............... Place ............. B --- (See Section 8) Form of Certificate for a State Reserve Police Officer below the rank of a Company Commander. A. B. has been appointed to the State Reserve Police Force in the [State of Gujarat] [Substituted by A.O., 1960] and is vested with the powers, functions and privileges of a Reserve Police Officer under the Bombay State Reserve Police Force Act, 1951 (Bombay of 1951). \| \| \| \| \| --- \| --- \| --- \| \| (Signature) ................ \| \| Seal of TheCommandant \| \| Commandant \| \| \| State Reserve Police Force, \| \| \| Group............. \| \| \| ......................... \| \|
65b9cd68ab84c7eca86ea04e	acts	State of Madhya Pradesh - Act ------------------------------- The M.P. State Dental Council Rules, 1969 ------------------------------------------- MADHYA PRADESH India The M.P. State Dental Council Rules, 1969 =========================================== Rule THE-M-P-STATE-DENTAL-COUNCIL-RULES-1969 of 1969 ------------------------------------------------------ * Published on 6 July 1971 * Commenced on 6 July 1971 The M.P. State Dental Council Rules, 1969 Published vide Notification No. 1171-17-M-4-71, dated 6-7-1971, M.P. Rajpatra, Part 4 (Ga) , dated 6-8-1971 at pages 399-427 Notification No. 1171-XVII-M-IV-71, dated 6-7-1971. - In exercise of the powers conferred by Section 55 of the Dentists Act, 1948 (XVI of 1948), the State Government hereby makes the following rules to carry out the purposes of its Chapter III, IV and V thereof, namely- Chapter I Preliminary -------------------------- ### 1. Short title. (1) These rules may be called The Madhya Pradesh State Dental Council Rules, 1969. (2) They shall come into force from the date of their publication in the Madhya Pradesh Gazette. ### 2. Definition. - In these rules, unless the context otherwise requires,- (1) "The Act" means the Dentists Act, 1948 (XVI of 1948); (2) "The Council" means the Madhya Pradesh State Dental Council constituted under Section 31; (3) "The executive Committee" means the Executive Committee constituted under sub-Section (1) of Section 2; (4) "Form" means a Form appended to these rules; (5) "President" means the President, elected under sub-section (1) of Section 25; (6) "Registrar" means the Registrar, appointed under clause (a) of sub-Section (1) of Section 28; (7) "Section" means section of the Act; (8) "Government" means the Government of Madhya Pradesh; (9) "Register" means the Register of dentists, prepared and maintained under the Act; (10) "Returning Officer" means the Returning Officer, appointed by the Government. ### 3. The office of the Council shall be situated at [Bhopal] [Substituted vide M.P. Rajpatra, Part IV (Ga) , dated 9-8-1985 at page 333.] . Chapter II Elections Under Section 21 (A) and (B) ------------------------------------------------------ ### 4. Electorate for various constituencies. - (i) For the purposes of elections under clause (a) of Section 21 of the Act, Part A of the register of dentists prepared under Section 31 of the Act, as amended by the decisions of the appellate Authority and as it stands on the day, which shall be 30 days before the date fixed under clause (a) of rule 5 shall constitute the electoral roll. (ii) For the purposes of elections under clause (b) of Section 21 of the Act, Part B of the register of dentists prepared under Section 31 of the Act, as amended by the decisions of the Appellate Authority, and as it stands on the day which shall be 30 days before the date fixed under clause (a) of rule 5 shall constitute the electrol roll. (iii) For the purposes of elections under clause (d) of Section 21 of the Act, the members of the Madhya Pradesh Medical Council presently known as Mahakoshal Medical Council on the day, which shall be 30 days before the date fixed under clause (a) of rule 5 shall constitute the electoral roll. ### 5. Fixation of dates for various stages of Election. - The Returning Officer shall appoint and shall notify in the Madhya Pradesh Government Gazette and in such other manner as he thinks fit the date, time and place for- (a) The receipt of nomination papers and their scrutiny. (b) the dispatch of voting papers of the electors; (c) the Polls; and (d) the scrutiny and counting of votes. ### 6. Nomination of candidates. - Every candidate for election shall be nominated by means of a nomination paper in Form I in Appendix I, which shall be supplied free of cost by the Returning Officer to any elector applying for the same. ### 7. Nomination papers. (1) Every nomination paper shall be signed by two electors as proposer and seconder and sent by registered post or otherwise so as to reach the Returning Officer on or before the date fixed by him which shall not be less than four weeks before, the date, appointed for the poll : Provided that no elector shall sign more nomination papers than there are seats to be filled up: Provided further that if more than the prescribed number of nomination papers are signed by the same elector, the prescribed number of nomination papers, first received by the Returning Officer, shall if otherwise are in order, be held to be valid and if more than the prescribed number of nomination papers signed by the same elector are received simultaneously by the Returning Officer, all such nomination papers shall be held to be invalid. (2) On receipt of each nomination paper the Returning Officer shall forthwith endorse thereon the date and hour of receipt. ### 8. Rejection of nomination papers. - Nomination papers which are not received by the Returning Officer before the date and the time appointed in that behalf shall be rejected. ### 9. Fees payable by candidates. (1) On or before the date appointed for the receipt of nomination papers, each candidate wishing to stand for election shall pay to the Returning Officer, of fee of fifty rupees in cash and no candidate shall be deemed to be duly nominated unless such fees has been paid. (2) The fee so paid shall be credited to the Council and shall not in any circumstances be refundable. ### 10. Scrutiny of nomination papers. (1) On the date and at the time appointed by the Returning Officer for the scrutiny of nomination papers, the candidates and the proposer and seconder of each candidate may attend the Office of the Returning Officer, who shall allow them to examine the nomination papers of all the candidates which have been received by him. (2) The Returning Officer shall examine the nomination papers and decide all questions which may arise as to the validity of any nomination and his decision thereon shall be final. ### 11. Withdrawal of candidature. - Any candidate may withdraw his candidature by notice in writing signed by him and delivered to the Returning Officer not later than twenty one clear days before the date appointed for the poll. A candidate who has withdrawn his candidature shall not be allowed to cancel the withdrawal or to be renominated as a candidate for the same election. ### 12. Poll. (1) If the number of candidates who stand duly nominated is equal to the number of members, to be elected the Returning Officer shall after the expiry of the time for withdrawal of candidature declare such candidate or candidates to be duly elected. (2) If the number of such candidates is lower than the number of members to be elected, the Returning Officer shall after the expiry of the time for withdrawal of candidature declare such candidate, if any, of all such candidates to be duly elected. (3) If the number of such candidates exceeds the number of members to be elected, the Returning Officer shall forthwith notify their names and addresses on the Notice Board in the office of the Council and shall further cause their names to be entered in alphabetical order in the voting papers in Form III in Appendix I. (4) If a poll is found necessary, the Returning Officer shall, two weeks before the date appointed therefor, send by registered post to each elector a letter of intimation in Form IV in Appendix I together with a numbered declaration paper in Form II, a voting paper in Form III containing the names of the candidates in alphabetical order and bearing the Returning Officer's initials or fascimile signature, a voting paper cover addressed to him (The Returning Officer) and an outer cover also addressed to him. (5) An elector who has not received the voting and other connected papers, sent to him by post, or who has lost them or in whose case the papers before their return to the Returning Officer have inadvertently been spoilt, may transmit a declaration to that effect, signed by himself and require Returning Officer to send him fresh papers and if the papers have been spoilt, the spoiled papers shall be returned to the Returning Officer, who shall cancel them on receipt. In every case when fresh papers are issued, a mark shall be placed against the number relating to the elector's name in the electoral roll to denote that fresh papers have been issued. (6) No election shall be invalidated by reason of an elector not receiving his voting paper, provided that a voting paper has been issued to him in accordance with these rules. ### 13. Votes to be sent by registered post. - Every elector desirous of recording his note shall, after filling up the declaration paper and the voting paper according to the directions given in the letter of intimation enclose the voting paper in the voting paper cover, stick up the cover, enclose the cover and the declaration paper in the outer envelope addressed to the Returning Officer, and send the outer envelope by registered post at the elector's own cost to the Returning Officer, so as to reach him not later than 5 P.M. on the date fixed for the poll. An envelopes received after that day or hour, or received by unregistered post shall be rejected. ### 14. Endorsement by Returning Officer on registered covers. - On receipt of the envelops by registered post containing the declaration papers and the closed cover containing the voting papers, the Returning Officer shall endorse on the outer envelope the date and hour of receipt. ### 15. Manner of opening the registered cover. - The Returning Officer shall open the outer envelops immediately after 5 P.M. on the day fixed for the poll at the place which the envelopes are addressed to him. Any candidate may be present in person or may send a representative duly authorised by him in writing to attend at the time outer envelopes are opened. ### 16. Rejection of voting papers. (1) Voting paper cover shall be rejected by the Returning Officer, if- (a) the outer envelope contains no declaration paper outside the voting paper cover; or (b) the declaration paper is not the one sent by the Returning Officer; or (c) the declaration paper is not signed by the elector; or (d) the voting paper is placed outside the voting paper cover; or (e) more than one declaration paper or voting paper cover have been enclosed in one and the same outer envelope. In each case of rejection, the word 'Rejected' shall be endorsed on the voting paper cover and the declaration paper. (2) After satisfying himself that the electors have affixed their signature to the declaration papers, the Returning Officer shall keep all the declaration papers in safe custody, pending disposal under rule 19. ### 17. Scrutiny and counting of votes. (1) The Returning Officer shall attend for the purposes of scrutiny and counting of the votes, on the date and the time and place appointed by him in this behalf; provided the date so appointed shall not be later than three days from the date fixed for the poll. (2) All the voting paper covers,other than those rejected under rule 16, shall be opened and the voting papers taken out and mixed together. The voting papers shall than be scrutinised and the valid votes counted. (3) A voting paper shall be invalid, if,- (a) it does not bear the Returning Officer's initials; (b) a voter signs his name or writes a word or makes any mark on it, by which it becomes recognisable as his voting papers; or (c) no vote is recorded thereon; or (d) the number of votes, recorded therein exceeds the number of vacancies to be filed; or (e) is void for uncertainty of one or more votes exercised : Provided that where more than one vote can be given on the same voting paper, if one of the marks is so placed as to render it doubtful to which candidate it is intended to apply, the vote concerned, but not the whole voting paper shall be invalid on that account. (4) Any candidate may be present in person or may send a representative, duly authorised by him in writing to watch the process of counting. (5) The Returning Officer shall show the voting papers, if requested to do so the candidates or their authorised representative, at the time of scrutiny and counting of votes. (6) If any objection is made to any voting paper on the ground that it does not comply with the specified requirements or to any rejection by the Returning Officer of a voting paper it shall be decided at once by the Returning Officer whose decision shall be final. (7) The Returning Officer shall nominate such number of scrutinisers, not exceeding four as he thinks fit. In the case of elections, held for the first time under the Act, the scrutinizers shall be Gazetted Officers, of the State Government and in the case of other elections, members of the Council. ### 18. Declaration of Results. (1) When the counting of the votes has been completed, the Returning Officer shall forthwith declare the candidate or candidates to whom the largest number of valid votes has been given to be duly elected according to the number of vacancies to be filled in and shall forthwith inform each successful candidate by letter of his being elected to the Council. (2) If there is an equality of votes between any two or more candidates, the Returning Officer, shall after notice to the candidates concerned, decide by drawing lots which candidate or candidates he shall declare to have been elected. ### 19. Voting papers to be retained for six months upon the completion of the counting and after the result has been declared by him, the Returning Officer shall seal up the voting papers and all other documents relating to the election and shall retain the same for a period of six months and the Council shall not destroy or cause to be destroyed the records even after six months without the previous concurrence of the Government. ### 20. Publication of results. (1) The Returning Officer shall publish the result and date of the election in the Madhya Pradesh Gazette in the case of first election to the Council and also send a report to the Government about the election. (2) In the case of election other than those held for the first time under the Act, the Returning Officer shall inform the President of the result and date of the election, who shall then publish the same in the Madhya Pradesh Gazette. The Returning Officer shall also send a report to the Government about the election. ### 21. General. (1) The State Government may, of its own motion, or on an objection received, in writing, in this behalf, from any candidate or candidates declare the election in whole or in part to be void on account of any corrupt practice, or any other sufficient cause and may call on the electorate to make a fresh election, in whole or in part as the situation may demand. The decision of the Government under this rule shall be final. (2) The decision of the State Government, on any question that may arise; as to the intention, construction or application of these rules shall be final. ### 22. Election under Section 21 (D) . (1) On receipt of the requisition from the President of the State Dental Council for election of a member by the Medical Council of the State under clause (d) of Section 21, the election shall be conducted at a meeting of the Medical Council in accordance with the provisions hereinafter appearing. (2) Election shall be by votes which shall be taken by show of hands or by division or by ballot, as the President of the State Medical Council may direct: Provided that votes shall be taken by ballot in three members so desire and ask for it: Provided further that if voting has been by show of hands a division shall be taken if a member asks for it. (3) The President of the Medical Council shall determine the method of taking votes by division. (4) The result of the votes shall be announced by the President of the State Medical Council. (5) In the event of equality of votes the President of the State Medical Council, shall have a second or casting vote. Chapter III Election of President and Vice-President and Their Powers and Duties ------------------------------------------------------------------------------------- ### 23. Election of the President and Vice-President at the meeting of the Council. - The President and the Vice-President of the Council shall be elected at a meeting of the Council. The members shall first elect of Chairman to conduct the business who shall than call for nominations from among the members for the post of President and the Vice-President, the Chairman shall conduct the election by secret ballot. In the event of a tie, in either case, the final election shall be decided by drawing of lots. The election of the President shall be held first and thereafter that of the Vice-President. ### 24. Powers and duties of the President and in his absence of the Vice-President. (1) The President shall exercise such powers and perform such duties as are contained in the provisions of the Act and the rules made thereunder. He shall do such acts as he considers necessary in the furtherance of the objects for which the Council is established. (2) If the office of the President is vacant or if the President for any reason is unable to exercise the powers or perform the duties of his office, the Vice-President will act in his place and shall exercise the powers and perform the duties of the President. Chapter IV Part-I ---------------------- Meeting of the Council ### 25. Time and Place of, and preparation of Business for meetings of the Council. (1) The Council shall ordinarily meet twice in a calendar year on second Monday in the months of February and September : Provided that the President- (i) may call a special meeting at any time on 15 days notice to deal with any urgent matter requiring the attention of the Council; (ii) shall call a special meeting on 15 days' notice if he receives a requisition in writing signed by not less than one third of the total membership and stating the purpose for which they desire the meeting to be called, such purpose being other than the mentioned in the first proviso to item II of clause (a) of sub-rule (b) of rule 25 and being a purpose within the scope of the Council's functions. (2) The first meeting of the Council held in any calendar year shall be the Annual Meeting of the Council for that year. (3) At meetings referred to in the proviso to sub-rule (1) of rule 25 only the subject or subjects for the consideration of which the meeting has been called shall be discussed. (4) Notice of every meeting other than a special meeting called under the proviso to sub-rule (1) of rule 25 or under the first proviso to item (ii) of sub-rule (6) of rule 25 shall be dispatched by the Registrar to each member of the Council not less than 40 days before the date of the meeting. (5) (a) The Registrar shall issue with the notice of the meeting a preliminary Agenda Paper showing the business to be brought before the meeting, the terms of all motions to be moved of which notice in writing has previously reached him and the names of the movers. (b) A member, who wishes to move any motion not included in the preliminary Agenda Paper or an amendment to any item so included shall give notice thereof to the Registrar not less than 25 clear days before the date fixed for the meeting. (c) The Registrar shall, not less than 15 clear days before the date fixed for the meeting, and in the case of a special meeting, which the notice of the meeting, issue a complete Agenda Paper showing the business to be brought before the meeting. (d) A member who wishes to move an amendment to any item included in the complete Agenda Paper, but not included in the preliminary Agenda Paper shall give notice thereof to the Registrar not less than 3 clear days before the date fixed for meeting. (e) The Registrar shall, if the time permits, cause a list of all amendments of which notice has been given under clause (d) of sub-rule 5 to be made available for the use of every member : Provided that the President may, if the Council agrees, allow a motion to be discussed at a meeting notwithstanding the fact that notice was received too late to admit of compliance with this rule: Provided also that nothing in this rule shall operate to prevent the reference by the Executive Committee of any matter to the Council at a meeting following immediately or too soon after the meeting of the Executive Committee to permit the notice required under this rule. (6) (a) A motion shall not be admissible- (i) if the matter to which it relates is not within the scope of the Council's functions; (ii) if it raises substantially the same question as a motion or amendment which has been moved or withdrawn with the leave of the Council within one year of the date of the meeting at which it is designed to be moved : Provided that such a motion may be admitted at a special meeting of Council convened for the purpose on the requisition of not less than two third of the members of the Council : Provided further that nothing in these rules shall operate to prohibit the further discussion of any matter referred to the Council by the State Government in the exercise of any of its functions under this Act. (iii) unless it is clearly and precisely expressed and raises substantially one definite issue; (iv) if it contains inferences, ironical expressions of defamatory statements. (b) The President shall disallow any motion which, in his opinion, is inadmissible under sub-rule (6) (a) : Provided that if a motion can be rendered admissible by amendment the President may in lieu of disallowing the motion admit in it amended form. (c) When the President disallows or amends a motion the Registrar shall inform the member who gave notice of the motion of the order of disallowance or, as the case may be of the form in which the motion has been admitted. Part-II Conduct of Business at Meeting of the Council ### 26. Chairman of the meeting. (1) Every meeting of the Council shall be presided over by the President, or if he is absent, by the Vice President, or if both the President and the Vice-President are absent, by a Chairman to be elected by the members present, from among themselves. (2) All references in this part of the President shall be read as referring to the person for the time being presiding over a meeting. (3) Seven members of the Council present in person shall constitute a quorum, provided that in the case of a meeting adjourned for want of quorum, no quorum shall be required. ### 27. Quorum of the meeting. - If, at the time appointed for a meeting a quorum is not present, the meeting shall not commence until a quorum is present, and if a quorum is not present, on the expiration of 20 minutes from the time appointed for the meeting or during the course of any meeting the meeting shall stand adjourned to such future time and date as the President may appoint. ### 28. Determination of a matter by the Council. (1) Every matter to be determined by the Council shall be determined on a motion moved by a member and put to the Council by the President. (2) Votes shall be taken by show of hands or by division or by ballot as the President may direct: Provided that rules shall be taken by ballot if three members so desire and ask for it: Provided further that if voting has been show of hands a division shall be taken if a member asks for it. (3) The President shall determine the methods of taking votes by division. (4) The result of the vote shall be announced by the President and shall not be challenged. (5) In the event of an equality of votes the President shall have a second or a casting vote. ### 29. Power of the President in respect of movement of the motion. (1) When motions identical in purport stand in the names of two or more members the President shall decide whose motion shall be moved and the other motion or motions shall thereupon be deemed to be withdrawn. (2) Every motion or amendment shall be seconded and if not seconded shall be deemed to have been withdrawn. (3) When a motion has been seconded, it shall be read out by the President. (4) When a motion has been thus read out, it may be discussed as a question to be resolved either in the affirmative or in the negative or any member may, subject to sub-rule 30 (1) and 30 (4) move an amendment to the motion: Provided that the President shall not allow an amendment to be moved which if it had been a substantive motion would have been inadmissible under rule 25 (6) . ### 30. Amendment of the motion. (1) An amendment must be relevant to and within the scope of the motion which it is proposed. (2) An amendment may not be moved which has merely the effect of a negative vote. (3) The President may refuse to put an amendment which is in his opinion frivolous. (4) A motion may be amended by- (a) the omission, insertion of addition of words, or (b) the substitution of words for any of the original words. ### 31. Motion or amendment under debate. (1) When a motion or amendment is under debate no proposal with reference thereto shall be made other than- (a) An amendment of the motion or of the amendment as the case may be as proposed in Rule 29 (2). (b) A motion for the adjournment of the debate on the motion or amendment either to a specified date and hour or sine die; (c) A motion for the closure, namely a motion that the question be now put; (d) A motion that the Council instead of proceeding to deal with the motion to pass to the next item on the programme of business : Provided that no such motion or amendment shall be moved so as to interrupt a speech: Provided also that no motion of the nature referred to in clause (b) , (c) and (d) shall be moved or seconded by a member who has already spoken on the question then before the meeting: Provided further that a motion referred to in sub-clause (c) and (d) above shall be moved without a speech. (2) It shall be in the discretion of the President to put or refuse to put to the Council a proposal of the nature referred to in clause (b) of sub-rule (1). (3) Unless the President is of opinion that a motion for closure is an abuse of the right of reasonable debate, he shall forthwith put a motion that the question be now put and if that motion is carried the substantive motion or amendment under debate shall be put forthwith: Provided that the President may allow the mover of the substantive motion to exercise his right of reply before the substantive motion under debate is put. ### 32. Proposal to adjourn the council. - Except that it shall not interrupt a speech, a proposal to adjourn the Council to a specified date and hour may be made at any time, but it shall be in the discretion of the President to put or refuse to put such a proposal to the Council. ### 33. Withdrawal of motion or amendment. - A motion or an amendment which has been moved and seconded shall not be withdrawn save with the leave of the Council which shall not be granted, if any member dissents from the granting of such leave. ### 34. Discussion on the motion under the direction of the President. - When a motion has been moved and seconded members other than the mover and the seconder may speak on the motion in such orders as the President may direct : Provided that the seconder of a motion or of an amendment may, with the permission of the President, confine himself to seconding the motion or amendment as the case may be and speak thereon at any subsequent stage of the debate. ### 35. Objections, suggestions or elucidation on a point by the President. - During the meeting, the President, may at any time, make any objections or suggestions or give information to elucidate any point to help the members in the discussion. ### 36. No person to speak more than once. (1) The mover of an original motion, and if permitted by the President, the mover of any amendment shall be entitled to a right of final reply, no other member shall speak more than once in any debate except, with the permission of the President, for the purpose of making a personal explanation or of putting a question to the member than addressing the Council : Provided that any member at any stage of the debate may rise to a point of order, but no speech shall be allowed on that point: Provided further that a member who has spoken on a motion may speak again on an amendment to the motion subsequently moved. (2) No member shall, save with the permission of the President, speak for more than five minutes: Provided that the mover of a motion when moving the same, may speak for ten minutes. (3) A speech shall be strictly confined to the subject matter of the motion or amendment on which it is made. (4) Any motion or amendment standing in the name of a member who is absent from the meeting or unwilling to move it, may be brought forward by another member with the permission of the President. ### 37. Observation by a member. (1) A member desiring to make any observations on the matter before the Council shall speak from his place, shall rise when he speaks, and shall address the President. (2) If at any time the President rises, any member speaking shall immediately resume his seat. (3) No member shall be heard except upon the business before the Council. ### 38. Amendment in the terms of original motion. (1) When an amendment of any motion is moved and seconded or when two or more such amendments are moved and seconded, the President, shall before taking the votes of the Council thereon state or read to the Council the terms of the original motion and of the amendment or amendments proposed. (2) An amendment to a motion shall be put to the vote first. (3) If there be more than one amendment to a motion the President shall decide in what order they shall be taken. ### 39. Division of motion at the discretion of the President. - When any motion involving several points has been discussed, it shall be in the discretion of the President to divide the motion, and put each or any point separately to the vote as he may thinks fit. ### 40. Procedure for adjournment of the meetings. (1) The President may, at any time, adjourn any meeting to any future day or to any hour of the same day. (2) Whenever a meeting is adjourned to a future day, the Registrar shall, if possible, send notice of the adjournment to every member who was not present at such meeting. (3) When a meeting has been adjourned to a future day the President may change such day to any order day and the Registrar shall send written notice of the change to each member. (4) At a meeting adjourned to a future day : any motion standing over from the previous day shall, unless the President otherwise directs, take precedence over other matter on the Agenda. (5) Either at the beginning of the meeting or after the conclusion of the debate on a particular item during the meeting, the President or a member may suggest a change in the order of business on the Agenda, and if the Council agrees such a change shall be made. (6) No matter which had not been on the Agenda of the original meeting shall be discussed at an adjourned meeting. (7) The same quorum shall be necessary for an adjourned meeting as for an ordinary meeting, except in such cases as provided for in Rule 26 (3). ### 41. Decision of all points of order by the President. (1) The President shall decide all points of order which may arise and his decision shall be final. (2) If any question arises with reference to procedure in respect of a matter for which these rules make no provision the President shall decide the same and his decision shall be final. ### 42. Four representatives of the Press and other visitors, not exceeding four at a time may be admitted, at the discretion of the President, to the meetings on production of permits from the Registrar. The Press representatives shall be required to obtain the previous approval of the registrar for the publication of their report of the proceedings. The President at any time may hold the meetings din camera in which case all visitors including Press representatives will be required to withdraw. Part-III Minutes of the Council ### 43. Preservation of the minutes of the meetings. - The proceedings of the meetings of the Council shall be preserved in the form of printed minutes which shall be authenticated after confirmation by the signature of the President. ### 44. Submission of the minutes of the meetings to the President. - A copy of the minutes of each meeting shall be submitted to the President within 10 days of the meeting and attested by him and they shall then be sent to each member within 30 days of the meeting. ### 45. Contents of the meetings. - The minutes of each meeting shall contain such motions and amendments as have been moved and adopted, or negatived, with the names of the mover and the seconder, but without any comment and without any record of observations made by any member at the meeting. Time limit for entertaining the objections about correctness of minutes. - If any objection regarding the correctness of the minutes is received within 30 days of the despatch of the minutes by the Registrar, such objection together with the minutes as recorded and attested shall be put before the next meeting of the Council for confirmation. At this meeting no question shall be raised except as to the correctness of the records of the last meeting. Provided that if no objection regarding a decision taken by the Council at a meeting is received within 30 days of the despatch by the Registrar of the minutes of that particular meeting such decision may, if expedient, be put into effect before the confirmation of the minutes at the next meeting: Provided further that the President may direct that action be taken on a decision of the Council before the expiry of the period of 30 days mentioned above. ### 46. Insertion of minutes in a volume. - The minutes of the Council shall, as soon as is practicable after their confirmation, be made up in sheets and consequentively paged for insertion in a volume, which shall be permanently preserved. A copy of such volume, shall be supplied free to each member of the Council. ### 47. Placing of report of the observations and discussions of meetings. - A report shall be kept of the observations and of the discussions at the meetings of the Council in as accurate a manner as possible for the use of the members of the Council. The detailed proceedings of the meetings which shall be treated as 'Confidential' shall be kept in the office and shall be open to members for inspection. A copy of the proceedings in whole or in part shall be supplied to any member who may apply for it. Such copy shall be marked 'Confidential' and be supplied on the payment of a sum not exceeding the cost of copying fixed by the President. No copy of proceedings held in camera shall be supplied but such proceedings may be inspected by the members. Chapter V Executive Committee-Functions of Meetings of Quorum etc. ----------------------------------------------------------------------- ### 48. Constitution of Executive Committee. - Besides the President and the Vice-President, the Executive Committee shall consist of five members elected by the members of the Council at the first meeting of the Council by secret ballot. Conduct of meeting under rules. - The meeting of the Executive Committee shall be governed as far as may be by the Rules applicable to the meeting of the Council. No meeting shall commence without the quorum. - If at the time appointed for a meeting a quorum is not present the meeting shall not commence until a quorum is present, and if a quorum is not present on the expiration of 30 minutes from the time appointed for the meeting or during the course of any meeting, the meeting shall stand adjourned to such future date and time as the President may appoint. ### 49. Election of the Chairman in absence of President and Vice-President. - If both the President and the Vice-President are absent, the members present shall elect one of their members to act as Chairman. Quorum. - Three members of the Executive Committee shall form a quorum and, at a meeting adjourned for want of quorum, no quorum shall be necessary. ### 50. Invitation of a member by the Executive Committee. - The Executive Committee may invite a member of the Council, not being a member of the Executive Committee, to attend any meeting of the Executive Committee. Any member so invited shall be free to participate in the discussions in the Executive Committee but shall not function as a member of the Committee whether by way of voting or otherwise. ### 51. Determination of future date and time for the meetings. (1) Within one week before the meeting of the Council the Executive Committee shall ordinarily meet and also at such other times and places as the President may determine. (2) Notice and Agenda of such meetings of the Executive Committee shall ordinarily be given 15 days before the meeting. ### 52. Circulation of report of the meeting among members. - The Executive Committee shall consider and report on any subjects referred to it by the Council or by the President and may with the sanction of the President direct the printing and circulation of such report among members of the Council. ### 53. Time limit for submission of minutes to the President. - A copy of the minutes of each meeting shall be submitted to the President within 10 days of the meeting; and after having been attested by him shall be sent to each member within 20 days of the meeting. If no objection to their correctness is received within 20 days of their despatch and decision therein shall be given effect to. The minutes shall be sent to the members of the Council after confirmation by Executive Committee : Provided that the President may direct that action be taken on a decision of the Executive Committee before the expiry of the period of 20 days mentioned above. ### 54. Direction by the President about any business to be discussed. (1) The President shall direct any business, which may be necessary for the Council of the Executive Committee to discuss and decide to be transacted by circulation among the members of the Council of the Executive Committee : Provided that if ten members of the Council of three members of the Executive Committee, as the case maybe, desire that any particular subject shall be decided at a meeting instead of by circulation, it shall be placed before a meeting of the Council or the Executive Committee. (2) Any resolution of report which is circulated on the discretion of the President and approved by a majority of the members signing shall be as binding as a resolution adopted in meeting of the Council or the Executive Committee. ### 55. Powers and duties of the Executive Committee. - The Executive Committee shall exercise such powers and perform such function of the Council as the Council may, from time to time direct. Chapter VI Registration ---------------------------- ### 56. Maintenance of register for dentists. (1) The register of dentist shall be maintained in accordance with the provisions of the section 31 in Form II in Appendix II. (2) The names of dentists shall be entered in the register in the order in which the application for registrations are admitted and sufficient space shall be left for further additions to or alterations in the qualifications and address of each entry, (3) Each page of the register shall be verified and signed by the Registrar. (4) After the registration of every dentists under the Act, and after renewal of such registration, the Registrar shall grant such dentists certificate in Form III in appendix II. (5) In the event of certificate issued under sub-rule (1) being lost or destroyed the holder may at any time during which such certificate is in force apply to the Registrar for fresh certificate and the Registrar may if he thinks fit on satisfactory proof as to the identity of the applicant, grant such certificate on payment of a fee of Rs. 5. A certificate issued under this sub-rule shall be marked duplicate in Form V in appendix II. ### 57. Applications for registration. - Every person entitled under Section 34 to be registered under the Act and desiring to have himself so registered shall apply to the Registrar in Form I in appendix II properly filled in and signed. Every such application shall be accompanied by the fee prescribed in that behalf in rule 67. ### 58. Entry of name after direction of the Government. (1) After the directions is issued by the State Government under sub-Section (1) of Section 39, the name of every person registered under the Act shall subject to the provisions contained in the Act as to the removal of names from the register, remain entered therein and the registration of such person shall hold good for the period ending on the 31st day of the December of the year following the year in which his name is first entered in the register. (2) Any person desiring to continue his registration shall submit to the Registrar an application before 1st April of the year to which it relates and shall forward with such application the fee prescribed in that behalf in rule 59 and the certificate issued to him under rule 56. (3) When a renewal fee is not paid before the due date, the Registrar shall remove the name of the defaulter from the register, provided that a name so removed may be restored to the register under sub-Section (2) of Section 39 of payment of the renewal fee and additional fee as penalty as prescribed in that behalf in rule 67. ### 59. [Omitted] ### 60. Application for registration of additional qualification. - An application for registration of an additional qualification shall be made in form IV in Appendix II and shall be accompanied by fee prescribed in this behalf in rule 67. ### 61. Appeal against the order of the Registrar. - An appeal to the State Council against the order of the Registrar regarding registration of name or alteration of any entry in the Register, shall be in the form of a memorandum and state the grounds on which registration is claimed and furnish the names, the qualifications, and the dates on which they were obtained. On receipt of such appeal the Council may before deciding refer the same to the Executive Committee for enquiry and report. ### 62. Issue of certified copies. - Certified copies of entries in the register in the form No. VI in Appendix II may be issued any on payment of the fee prescribed in that behalf in rule 67. ### 63. Registering a change of name. - Fees prescribed in rule 80 shall be levied for registering a change of name in the State Dentists register. ### 64. Application for the removal of name from the register. (1) A registered dentist may himself make an application for the removal of his name from the register. The application shall be accompanied by a declaration made by the applicant, that he is not aware of any proceedings or reasons for the removal of his name from the register or in depriving him of licence entitling him to be registered. (2) Every such application shall first be referred by the Registrar to the authorised who granted the applicant his qualification or qualifications to ascertain whether there is any valid objection to such removal. (3) The Registrar shall bring such application before the next meeting of the State Council or the Executive Committee will consider the application and the Chairman may put the question for the views of the State Council of the Executive Committee whether the applicant's name may be removed from the Dentists Register. (4) If the State Council or the Executive Committee agrees for such removal the Registrar shall remove the applicant's name from the register and send notice of such removal to the applicant by a registered letter. ### 65. Supply of copy of Dentists Register. - Printed copies of the Dentists Register shall be made available to any person who may apply for it to the Registrar and for the supply of each printed copy of the same of fee of Rs. 5 shall be charged from the applicant. ### 66. Entry of certain publications in the Register. - There shall be made every year and entered in the copy of the printed dentists register maintained under Section 45, and enumeration of the following publications- ### 1. the total number of names of persons entered in register when it was printed. ### 2. the number of persons restored in the register stating the section of the Act under which the names have been removed. ### 3. the number of new persons restored during the year. ### 4. the number of persons restored in the register. ### 5. the number of persons removed by death. ### 67. Fees. - The fees payable under Chapter IV of the Act shall be as follows- \| \| \| \| --- \| --- \| \| \| Rs. \| \| For the first registration in the register \| 20.00 \| \| For every qualification subsequently registered \| 10.00 \| \| For Annual retention. \| 10.00 \| \| For restoration to the register after removal for non- payment of the annual retention fee for the year \| 10.00 \| \| For restoration to the register under Section 42. \| 25.00 \| \| For registration of a change of name \| 5.00 \| \| For every copy of the printed register under Section 45. \| 5.00 \| \| For every certified copy of an entry in the register \| 3.00 \| \| For the grant of a duplicate certificate \| 6.00 \| Chapter VII Registrar, Clerks and Office Hours --------------------------------------------------- ### 68. Appointment and retirement of the Registrar. (1) The Registrar shall be a full time salaried officer of the Council and shall, in the first instance, be appointed on probation for a period of one year. (2) Registrar should ordinarily be a retired Dental or Medical Officer of the State Government. He may be continued up to the age of 62 years, if physically and mentally fit. Unless determined otherwise by the Council the service of the Registrar may be terminated by a three months notice on either side. (3) The President is authorised to accept on behalf of the Council the registration of the Registrar on such notice being given. The matter shall be brought to the notice of the Council either by circulation or at the next meeting. ### 69. Duties of the Registrar. (1) The Registrar shall perform such duties ass have been given in the Act and the Rules. He shall also be responsible for the safety of the property of the Council and the control and management of the office, accounts and correspondence, and shall see that the office staff attend punctually, and generally fulfill all such duties as may be required of him by the Council for the purposes of the Act. He shall attend take notes of the proceedings of meeting of the Council and Executive Committee and any other Committee. (2) The Registrar shall not less than 90 days before the expiration of the term of any existing appointment draw the attention of the President to the approaching vacancy, and the later shall forthwith report it to the State Government in order that a new appointment may be made to take effect from the day on which the existing appointment will expire. (3) The Registrar shall also act as the Treasurer of the Council. The security to be furnished by the Treasurer shall be Rs. 100. This security shall be furnished in the form of fidelity bonds. ### 70. Registrar shall be ex-officio Secretary. - The Registrar shall be the ex-officio Secretary of the Executive Committee, and any other Committees set up by the Council. He shall participate in the discussions but shall not function as a member of the committees whether by way of voting or otherwise. ### 71. Retirement age for IV Class staff. - Members of the ministerial and Class IV staff shall retire on attaining the age of 60 years : Provided that the Executive Committee may at its discretion extend the tenure of a member of the Ministerial or Class IV staff. ### 72. Powers and duties of the staff. - The powers and duties of the staff will be such as may be laid down from time to time in the Standing Orders as framed for the purposes by the Council. ### 73. Powers of the Registrar for appointment of staff. - Subject to the approval of the President, the Registrar shall appoint the Ministerial and Class IV staff and may engage such temporary personnel as may be required from time to time, and pay a reasonable rate of remuneration to such personnel, provided it does not exceed the rates sanctioned by the State Government for corresponding permanent staff. These appointments shall be subject to the confirmation by the Council. ### 74. Non-pensionable services of the Registrar. - The services of the Registrar and other servants shall be non-pensionable but shall have the benefit of Contributory Provident Fund, the Council contributing at the rate of 6 ¼ percent of the substantive pay of the servant. ### 75. General. - In matters not provided in these rules, the Registrar and members of the ministerial and Class IV staff shall be governed by rules applicable to servants-of the corresponding grade of the State Government. Chapter VIII -------------- ### 76. Common seal. (1) The Common Seal of the State Council shall be kept in box having two different locks and the key of one of the locks shall be in the custody of the President and the key of the other lock in the custody to the Registrar. (2) The seal shall be affixed only by the order of the State Council, or, when the State Council is not sitting, by the order of the Executive Committee, but its use by the Executive Committee shall be limited to such acts as may be necessary to carry into effect the powers conferred on it by these rules of delegated to it by the State Council. (3) Any order for affixing the seal shall state the object of its use and shall be entered in the minutes of the State Council or of the Executive Committee, as the case may be. Chapter IX ------------ ### 77. Inspection of documents. - Inspection of documents of office of the State Council shall be granted to the member of the State Council when not required for use by its legal advisers or otherwise and subject to the following conditions, namely- (i) A notice in writing of three clear days shall be given to the Registrar except when the State Council is in session, when special leave may be granted. (ii) The subject to the documents, needed for inspection shall be stated in the notice. (iii) The documents shall be open to inspection during office hours. (iv) Documents under inspection shall not be removed from the premises of the State Council. (v) All such documents and the information derived there from shall be regarded as strictly confidential. Chapter X ----------- ### 78. Finance, Accounts and Audit. - The Council receive, for the purpose of its expenses, benefactions and contributions from private persons and bodies and the proceeds of the sale of reports and other publications. ### 79. Bankers of the Council. - The Bankers of the Council shall be the State Bank of India. All funds of the Council shall be paid into the Council's account with the State Bank of India and shall be withdrawn by means of cheques signed by the Treasurer. The cheques shall also be countersigned by the President of the Council or any other officer authorised by him in this behalf during his absence from headquarters. The cheque books shall remain in the personal custody of the Treasurer. ### 80. Manner of keeping funds of the Council. - The funds of the Council surplus to current requirements may, on recommendation of the Treasurer and with the sanction of the Executive Committee of the Treasurer and with the sanction of the Executive Committee, be invested in fixed deposits with the State Bank of India or in any other manner as may be decided upon in consolation with the State Government. ### 81. Investment of funds in the name of Council. - An investment of the funds of the Council shall be made in the name of the Council. The safe custody receipts shall remain in the personal charge of the Treasurer and shall be verified once in six months with Register of Investments maintained under rule 104 and a certificate of verification shall be recorded by the Treasurer on the Register and countersigned by the President. ### 82. Preparation of detailed statement of receipts. - The treasurer shall prepare detailed estimates of the receipts and expenditure for the next financial year, and shall submit the same for the sanction of the Executive Committee at a meeting to be held for the purpose before the 1st November every year. One copy of the finally sanctioned estimates shall be supplied by the 1st November to the Secretary, Public Health Department. ### 83. Non-Appropriation of funds. - The funds of Council shall not be appropriated for expenditure on any item which has not been duly sanctioned by the Council or by the President or Registrar as the case may be. ### 84. Primary units of appropriation. - The primary units of appropriation shall be pay of officers, pay of establishments, allowances and honoraria, contingencies and leave and pension or provident fund contribution. ### 85. Power of the President to re-appropriate funds. - The President shall have power to re-appropriate funds from one unit of appropriation to another within the total sanctioned estimates. Copies of orders sanctioning such re-appropriation shall be communicated to the Executive Committee. ### 86. Power of the Registrar to sanction miscellaneous expenditure. - The Registrar shall have power to sanction expenditure of miscellaneous and contingent nature upto an amount not exceed Rs. 50 in each case. Expenditure in excess of this amount shall require the sanction of the President. ### 87. Permanent Advance. - A permanent Advance of Rs. 100 shall be made to the Registrar. ### 88. Registrar and President as certifying Officer for T.A. & D.A. - The Registrar shall be the certifying officer for travelling, halting and other allowances to members, and employees of the Council and the President for those of the Registrar. ### 89. Maintenance of account registers. - The following account registers of the Council shall be maintained- ### 1. Cash Book, ### 2. Classified Abstract, ### 3. Register of Investments, ### 4. Register of stock and furniture, ### 5. Register of stock of cheque books and receipt books, ### 6. Register of leave and pension or provident fund contributions, ### 7. Register of permanent advances, ### 8. Annual Accounts. ### 90. Classified Abstract of monthly accounts. - Monthly accounts shall be complied in the Classified Abstract according to the primary units of appropriation. Suitable secondary units may be opened at the discretion of the Registrar who shall be responsible for the due preparation and maintenance of all accounts. ### 91. Audit of accounts of the Council. (1) The audit of the accounts of the Council shall be conducted by a Chartered Accountant or Local Fund Auditor. (2) The result of audit shall be communicated to the Executive Committee. (3) A copy of the Annual Audit Report shall be submitted by the Executive Committee to the State Government and to the members of the Council. Chapter XI Fees and Allowances for Attending the Meeting of the Council and the Executive Committee and Other Expenses. ---------------------------------------------------------------------------------------------------------------------------- ### 92. Non-payment of fee for attending the meetings. - No fee shall be paid for attending a meeting of the State Council or the Executive Committee. ### 93. Drawing of T.A. as per Madhya Pradesh Services Rules. (1) Government servants shall draw the travelling allowances to which they are entitled to under the Madhya Pradesh Service Rules. (2) Other members would draw the travelling allowance, daily allowances admissible to the First Class Officers in the State Service. (3) The local members of the State Council and Executive Committee shall draw conveyance allowance Rs. 5 for each day of meeting or business. (4) All office employees of the State Council such as clerk and peons shall be entitled to travelling allowance and halting allowance and road mileage at the same rate as admissible to a Government servant. (5) The Registrar and Secretary shall be the office of Grade II and shall draw travelling allowance accordingly, as allowed according to rules, if they are required to perform journey to attend a meeting out of headquarters. Appeal to State Council ### 94. Appeal against Registrar's refusal to register. (1) An appeal of the State Council against a refusal by the Registrar to register the name or any title or qualification of any person on the register of dentists shall be in writing and shall state the grounds on which registration is declined, the names of the qualifications and the dates on which and the authorities from whom they were received. (2) The date on which the appeal is to be taken by the State Council shall be intimated to the applicant. The appellant shall also be allowed, if he choose to represent his case before the State Council either by himself or by his advocate. ### 95. Repeal and Saving. - From the date of commencement of these rules, all previous rules, notification and orders on the subject stand repealed: Provided that anything done or any action taken in exercise of any power conferred by the said rules, shall be deemed to have been done or taken under this rules. Appendix I Form I (See Rule No. 6) Nomination Paper Election under clause (a) /(b) of section 21 of the Dentists Act, 1948. Name of candidate..................... Father's name................... Age.................. Nature of qualification under Section 33...................... Registration Certificate No...................... Serial No. in the electoral roll................. Address................... \| \| \| \| --- \| --- \| \| Name of proposer....................... \| Name of Seconder............................... \| \| Registration Certificate No.................. \| Registration Certificate No.............. \| \| Serial No. in the electoial Roll............. \| Serial No. in the electoral roll......... \| \| Qualification.................... \| Qualification............... \| \| Address..................... \| Address.......................... \| \| Signature................... \| Signature........................ \| Declaration by the candidate I hereby declare that I agree to this nomination. Signature of the candidate This nomination paper was received by me at................. hour on the (date) .......... Returning Officer. Form II [See Rule 12 (4) ] Declaration Paper Elections of the Madhya Pradesh State Dental Council under clause (a) /(b) of section 21 of the Dentists Act, 1948. Serial number............ Elector's name........... Serial number on the electoral roll.......... Elector's Declaration I.......... (Name in full, and designation if any) declare that I am an elector for the election of a member to the Madhya Pradesh State Dental Council by the electorate under clause (a) /(b) of section 21 of the Dentists Act, 1948 and that I have signed no other voting paper at this election. \| \| \| \| --- \| --- \| \| Station........................ \| Signature......................... \| \| Date........................... \| Address........................... \| Form III [See Rule 12 (3) ] Voting Paper Election to the Madhya Pradesh Dental Council under clause (a) /(b) of Section 21 of the Dentists Act, 1948. \| \| \| \| \| --- \| --- \| --- \| \| Serial number............ \| Name of candidate duly nominated.............. \| Vote....................... \| Instructions ### 1. The number of vacancies to be filled is...... ### 2. Place a cross mark (thus X) against the name of the candidate (or such of the candidates) for whom you wish to vote. ### 3. A voting paper will be invalid if- (a) it does not bear the Returning Officer's initial or fascimile signature, or (b) a voter signs his name or writes a word or makes any mark on it, by which it becomes recognisable as his voting paper, or (c) no vote is recorded thereon, or (d) the number of votes recorded thereon exceeds the number of (e) it is void for uncertainty of one or more votes exercised, Fascimile signature of........... Form IV [See Rule 12 (4) ] Letter of Intimation Office of the Madhya Pradesh State Dental Council, Indore Dated.............. Sir/Madam, The persons whose names are printed on the voting paper sent herewith, have been nominated as candidates for election to the Madhya Pradesh Dental Council. Should you desire to vote at the election, I request that you will- (a) Fill up and sign the declaration paper, (b) mark your vote in the column provided for the purpose in the voting paper as directed on the voting paper, (c) enclose the voting paper in the smaller cover and the declaration paper in the outer envelope addressed to me and return the same to me by registered post so as to reach me not later than 5 p.m. on the ...... date of. ### 2. The voting paper will be rejected if- (a) the outer envelope enclosing the voting paper cover is not sent by registered post or received later than the hour fixed for the closing of the poll; or (b) the outer envelope contains no declaration paper outside the smaller cover; or (c) the voting paper is placed outside the voting paper cover; or (d) the declaration paper is not the one sent by the returning Officer to the voter; or (e) more than one declaration paper or voting paper cover have been enclosed in one and the same outer envelope; or (f) the declaration is not signed by the elector; or (g) the voting paper is invalid. ### 3. A voting paper will be invalid, if- (i) it does not bear the Returning Officer's initials or fascimile signature; or (ii) a voter signs his name, or writes any word or makes any mark by which it becomes recognisable as his voting paper; or (iii) no vote is recorded thereon; or (iv) the number of votes recorded thereon exceeds the number of vacancies to be filled; or (v) it is void for uncertainty of one or more votes exercised : Provided that where more than one vote can be given on the same voting paper if one of the mark is so placed as to render it doubtful to which candidate it is intended to apply the vote concerned, but not the whole voting paper shall be invalid on that account. ### 4. If a voter inadvertently spoils a voting paper, he can return it to the Returning Officer who will, if satisfied on such inadvertence issue to him another voting paper. ### 5. The scrutiny and counting of voting will begin on .......(date) at ......(hour). ### 6. No person shall be present at the scrutiny and counting except the Returning Officer, such other persons as he may appoint to assist him, the candidates or their duly authorised representatives. (Returning Officer) Appendix II Form I (See Rule 57) Form of application for registration of Dentists under section 34 of the Dentists Act, 1948 (XVI of 1948) To, The Registrar, Madhya Pradesh State Dental Council, Indore Sir, I have to request you to enter my name, address and qualifications as stated below in part A/B of the register of dentists for the State of Madhya Pradesh. Registration fee of Rs. 20 (Twenty) only is sent by crossed postal order. Particulars about myself are furnished below : Name in full (block letters only).................................. Father's name.......................................................... Place of birth, date and year...................................... Nationality (Kindly give information in details)................... Whether Citizen of India by domicile/birth......................... Whether subject of a foreign Government (state the country)............ Residential address................................................ Professional address............................................... Number of years in practice......................................................... Employment, if any......................... Particulars of the Qualifications : Description of qualifications of which registration is desired. Name of the University or Faculty or Examining or Licensing Body with lull address.................... Date of attaining the qualification........................ Institution through which appeared........................ Declaration I.......... (Applicant) hereby declare that the statements made above are correct. I further declare that I shall maintain the dignity and ethical standard of the profession in my practice as a dentist. I undertake that I shall intimate to the Registrar any change of my address or place of practice. The degree, diploma or certificates of my qualification is submitted herewith, it may be returned as soon as done with. \| \| \| \| --- \| --- \| \| \| Yours faithfully, \| \| Address : \| ........................ \| \| Date : \| (Signature of applicant) \| Instructions ### 1. All particulars given above must be filled in by the applicant himself. ### 2. All particulars should be in neat legible hand. ### 3. Registration fees should be sent only by a crossed postal order payable to the Registrar, Madhya Pradesh. State Dental Council at Indore, General Post Office. ### 4. Candidates should note that their names entered in the application must exactly correspond with their names in the University or other Examinations as the case may be. ### 5. Please give below a specimen of your signature as used by you on certificates. ### 6. All applicants for registration in Part B of the Register must get their signatures attested by a first class magistrate. Form II [See Rule 56 (1) ] Form of the register of dentists, part a/b ### 1. Serial No.................. ### 2. Names in full................... ### 3. Father's name................... ### 4. Date of birth................... ### 5. Nationality...................... ### 6. Residential address.................... ### 7. Date of first admission to the Register..................... ### 8. Qualification for registration........................... ### 9. Date on which degree of diploma in dentistry, if any, was obtained and the authority which conferred it.................... ### 10. Professional address..................... ### 11. Employment, if any..................... ### 12. Date of renewal of registration...................... ### 13. Remarks (Note-'Removal' or Restoration of name with dates.................... Form III [See Rule 56 (4) ] Certificate of Registration under Dentists Act, 1948 (XVI of 1948) This is to certify that the person named below has been registered as a dentist in Part A/B of the State Register under the provisions of the Dentists Act, 1948 (and his registration was last renewed on..............). This certificate shall remain in force till....... Name.................. Qualification................. Registered No................... ................... Signature (Registrar) Madhya Pradesh Dental Council, Indore. N.B. - The portion within brackets, namely, "and his registration was last renewed on "shall be omitted when the certificate is issued on first registration. Form IV (See Rule 60) Application for Registration of additional qualification To, The Registrar, Madhya Pradesh State Dental Council, Indore Sir, I beg to apply for the registration of the additional qualifications of............. which I have obtained from [................] [Name of the authority awarding the Diploma/Degree.] in............. (year) . The diplomas or certificates of the qualifications are enclosed herewith. These may be returned as soon as done with. I am already registered under the Dentists Act, 1948 and my registration No. is................... The prescribed fee of Rs. 10 is sent herewith by a crossed postal order payable to you at Indore, General Post Office. \| \| \| \| --- \| --- \| \| \| Yours faithfully, \| \| Address................ \| ........................ \| \| Date................... \| (Signature of applicant) \| Form V (See Rule 56/5) Duplicate Certificate of registration issued under Section 44 of the Dentists Act, 1948 as the original certificate has been lost or destroyed. This is to certify that the person named below has been registered under Part A/B as a Dentist under the provisions of the Dentists Act, 1948, (as his registration was last renewed on.............) This certificate shall remain in force till............... \| \| \| \| --- \| --- \| \| Name..................... \| ........................ \| \| Qualification............... \| Signature of Registrar \| \| Registered No................ \| Madhya Pradesh State Dental Council, Indore. \| Form VI (See Rule 62) Office of the Madhya Pradesh State Dental Council, Indore No. Certified to be true copy of the entry in Part of the register of dentists relating to the following persons, namely- \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| Name \| Address \| Registration No. \| Date of Registration \| Qualification \| \| (1) \| (2) \| (3) \| (4) \| (5) \| \| \| \| \| \| \| Date................ ................... Registrar N.B. - This certified copy remains evidence of registration only until the publication of the printed dentist register for 19...... It is not nor must it be used as evidence of the identity of the holder with the person named therein. (President) Madhya Pradesh Dental Council, Indore.
65b98283ab84c7eca86e942f	acts	State of Punjab - Act ----------------------- The Punjab Protection Of Medicare Service Persons And Medicare Service Institutions (Prevention Of Violence And Damage To Property) Act, 2008 ----------------------------------------------------------------------------------------------------------------------------------------------- PUNJAB India The Punjab Protection Of Medicare Service Persons And Medicare Service Institutions (Prevention Of Violence And Damage To Property) Act, 2008 =============================================================================================================================================== Act 26 of 2008 ---------------- * Published in Gazette 26 on 10 October 2008 * Assented to on 10 October 2008 * Commenced on 10 October 2008 The Punjab Protection Of Medicare Service Persons And Medicare Service Institutions (Prevention Of Violence And Damage To Property) Act, 2008 [10th October, 2008] [Act No. 26 of 2008] An Act to provide for the protection of Medicare Service Persons and Medicare Service Institutions in the State of Punjab and for prevention of violence and damage to the property and for the matters connected therewith or incidental thereto. Be it enacted by the Legislature of the State of Punjab in the Fiftyninth Year of the Republic of India as follows: ### 1. Short title and commencement.- (1) This Act may be called the Punjab Protection of Medicare Service Persons and Medicare Service Institutions (Prevention of Violence and Damage to Property) Act, 2008. (2) It shall come into force at once. ### 2. Definitions.- In this Act, unless the context otherwise requires,- (a) “Medicare Service Institution” means an institution, providing medicare service either in the Medicare Service Institution or through Mobile Medical Unit or by arranging medical camps, which is under the control of the Central Government or the State Government or a local body including any private hospital having facility of treatment of the sick and used for their reception or stay, any private maternity home, where women are usually received and accommodated for the purpose of confinement and ante-natal and post-natal care in connection with the child birth or anything connected therewith, and any private nursing home used or intended to be used for the reception and accommodation of persons suffering from any sickness, injury or infirmity whether of body or mind, and providing of treatment of nursing or both of them and includes convalescent home; (b) “Medicare Service Person” in relation to a Medicare Service Institution, shall include, (i) Registered Medical Practitioner, Registered Practitioner and Practitioner, working in a Medicare Service Institution; (ii) Nurse; (iii) Auxiliary Nurse and Mid-wife; (iv) Nursedai; (v) trained dai; (vi) Medical Student; (vii) Nursing Student; (viii) Para Medical Worker; and (ix) other staff or workers directly or indirectly engaged by a Medicare Service Institution for providing the required services; Explanation.- For the purpose of this Act, the expressions Registered Medical Practitioner, Medical Practitioner, Practitioner, Nurse, Auxiliary Nurse and Midwife, and trained dai, shall have the same meanings, as assigned to them in the Punjab Medical Registration Act. 1916, the Punjab Nurses Registration Act, 1932, the Punjab Ayurvedic and Unani Practitioners Act, 1963 and the Punjab Homeopathic Practitioners Act. 1965; (c) “Medical Student” means a student, who is undergoing training or studies in medical profession; (d) “Mobile Medical Unit” means an ambulance, equipped with medical equipment, used for providing medicare services; (e) “Nursing Student” means a student, who is undergoing training or studies in nursing profession; (f) “offender” means any person, who either by himself or as a member or leader of a group of persons or organization commits or attempts to commit or abets or incites the commission of violence; (g) “Paramedical Worker” means a person, who assists the Medicare Service Person providing medicare services; (h) “property” shall include both moveable and immoveable property; and (i) “violence” means any act, which causes or may cause any harm, injury or endanger life, obstruct or hinder any Medicare Service Person in the discharge of his duty in a Medicare Service Institution or damage to property in Medicare Service Institution. ### 3. Prohibition of violence.- Any act of violence against a Medicare Service Person or damage to property in a Medicare Service Institution, shall be prohibited. ### 4. Penalty.- An offender, who commits any act in contravention of the provisions of this Act, shall be punished with an imprisonment, which may extend to one year or with fine, which may extend to fifty thousand rupees or with both. ### 5. Cognizance of offence.- Any offence committed under this Act, shall be cognizable and nonbailable and shall be triable by the Court of Judicial Magistrate of the First Class. ### 6. Recovery of loss for the damage caused to the property.- (1) In addition to the punishment as specified in section 4, the offender shall also be liable to pay a penalty of twice the amount of purchase price of medical equipment damaged or loss caused to the property, as may be determined by the Court referred to in section 5. (2) If the offender has not paid the penalty, imposed under sub-section (1), the same shall be recoverable as arrears of land revenue. ### 7. Act not in derogation of any other law.- The provisions of this Act shall be in addition to the provisions of any other law, for the time being in force.
65ba6ad1ab84c7eca86eb361	acts	Union of India - Act ---------------------- The Right of Children to Free and Compulsory Education Rules, 2010 -------------------------------------------------------------------- UNION OF INDIA India The Right of Children to Free and Compulsory Education Rules, 2010 ==================================================================== Rule THE-RIGHT-OF-CHILDREN-TO-FREE-AND-COMPULSORY-EDUCATION-RULES-2010 of 2010 -------------------------------------------------------------------------------- * Published on 8 April 2010 * Commenced on 8 April 2010 The Right of Children to Free and Compulsory Education Rules, 2010 Published vide Notification No. G.S.R. 301(E) , 8th April, 2010 Ministry of Human Resource Development (Department of School Education and Literacy) G.S.R. 301(E) . - In exercise of the powers conferred by section 38 of the Right of Children to Free and Compulsory Education Act, 2009 ( 35 of 2009 ), the Central Government hereby makes the following rules, namely :- ### 1. Short title and commencement. (1) These Rules may be called the Right of Children to Free and Compulsory Education Rules, 2010. (2) They shall come into force on the date of their publication in the Official Gazette. Part I – Preliminary ---------------------- ### 2. Definitions. (1) In these rules, unless the context otherwise requires. - (a) "Act" means the Right of Children to Free and Compulsory Education Act, 2009 ( 35 of 2009 ); (b) "anganwadi" means an Anganwadi Centre established under the Integrated Child Development Services Scheme of the Ministry of Women and Child Development of the Government of India; (c) "appointed date" means the date on which the Act comes into force, as notified in the Official Gazette: (d) "appropriate Government", unless otherwise specified, means Government of a Union territory (without State Legislature); (e) "District Education Officer" means an Officer of the appropriate Government in charge for elementary education in a district; (f) "pupil cumulative record" means record of the progress of the child based on comprehensive and continuous evaluation; (g) "school mapping" means planning school location for the purpose of section 6 of the Act to overcome social barriers and geographical distance. (2) All references to "forms" in these rules shall be construed as references to forms set out in Appendix I hereto. (3) All other words and expressions used herein and not defined but defined in the Act shall have the same meanings respectively assigned to them in the Act. Part II – School Management Committee --------------------------------------- ### 3. Composition and functions to the School Management Committee. (1) A School Management Committee (hereinafter in this rule referred to as the said Committee) shall be constituted in every school, other than an unaided school, within six months of the appointed date, and reconstituted every two years. (2) Seventy five percent, of the strength of the said Committee shall be from amongst parents or guardians of children. (3) The remaining twenty five percent, of the strength of the said Committee shall be from amongst the following persons, namely :- (a) one third members from amongst the elected members of the local authority, to be decided by the local authority; (b) one third members from amongst teachers from the school, to be decided by the teachers of the school; (c) one third members from amongst local educationists or children in the School, to be decided by the parents in the said Committee. (4) To manage its affairs, the said Committee shall elect a chairperson and vice-chairperson from among the parent members; the head teacher of the school, or where the school does not have a head teacher, the senior most teacher of the school, shall be the ex-officio member-convener of the said Committee. (5) The said Committee shall meet at least once a month, and the minutes and decisions of the meetings shall be properly recorded and made available to the public. (6) The said Committee shall, in addition to the functions specified in clause (a) to (d) of sub-section (2) of section 21, perform the following functions, namely: (a) communicate in simple and creative ways to the population in the neighbourhood of the school, the rights of the child as enunciated in the Act; as also the duties of the appropriate Government, local authority, school, parent and guardian; (b) ensure the implementation of clauses (a) and (e) of section 24, and of section 28, (c) monitor that teachers are not burdened with non academic duties other than those specified in section 27; (d) ensure the enrolment and continued attendance of all the children from the neighbourhood in the school; (e) monitor the maintenance of the norms and standards specified in the Schedule; (f) bring to the notice of the local authority any deviation from the rights of the child, in particular mental and physical harassment of children, denial of admission, and timely provision of free entitlements as per sub-section (2) of section 3; (g) Identify the needs, prepare a plan, and monitor the implementation of the provisions of Section 4; (h) monitor the identification and enrolment of, and facilities for education of children with disability, and ensure their participation in, and completion of elementary education; (i) monitor the implementation of the mid-day meal in the school; (j) prepare an annual account of receipts and expenditure of the school. (7) Any money received by the said Committee for the discharge of its functions under this Act, shall be kept in a separate account, to be audited annually. (8) The accounts referred to in clause (j) to sub-rule (6) and in sub-rule (7) should be signed by the chairperson or vice-chairperson and convenor of the said Committee and made available to the local authority within one month of their preparation. ### 4. Preparation of School Development Plan. (1) The School Management Committee shall prepare a School Development Plan at least three months before the end of the financial year in which it is first constituted under the Act. (2) The School Development Plan shall be a three year plan comprising three annual sub plans. (3) The School Development Plan, shall contain the following details, namely:- (a) estimates of class-wise enrolment for each year; (b) requirement of the number of additional teachers, including Head Teachers, subject teachers and part time instructors, separately for Classes I to V and for classes VI to VIII, calculated with reference to the norms specified in the Schedule: (c) physical requirement of additional infrastructure and equipments, calculated with reference to the norms and standards specified in the Schedule; (d) financial requirement in respect of (b) and (c) above, including for providing special training facility specified in section 4, entitlements of children such as free text books and uniforms, and any other additional requirement for fulfilling the responsibilities of the school under the Act. (4) The School Development Plan shall be signed by the chairperson or vice chairperson and convenor of the School Management Committee and submitted to the local authority before the end of the financial year in which it is prepared. Part III – Right to Free and Compulsory Education --------------------------------------------------- ### 5. Special Training. (1) The School Management Committee of a school owned and managed by the appropriate Government or local authority shall identify children requiring special training and organise such training in the following manner namely:- (a) the special training shall be based on specially designed, age appropriate learning material, approved by the academic authority specified in sub-section (1) of section 29; (b) the said training shall be provided in classes held on the premises of the school, or in classes organised in safe residential facilities; (c) the said training shall be provided by teachers working in the school, or by teachers specially appointed for the purpose; (d) the duration of the said training shall be for a minimum period of three months which may be extended, based on periodical assessment of learning progress for a maximum period not exceeding two years. (2) The child shall, upon induction into the age appropriate class, after special training, continue to receive special attention by the teacher to enable him to successfully integrate with the rest of the class academically and emotionally. Part IV – Duties and Responsibilities of Central Government, Appropriate Government and Local Authority --------------------------------------------------------------------------------------------------------- ### 6. Area or limits of neighbourhood. (1) The area or limits of neighbourhood within which a school has to be established by the appropriate Government or the local authority shall be. (a) in respect of children in classes from I to V, a school shall be established within a walking distance of one km of the neighbourhood; (b) in respect of children in classes from VI to VIII, a school shall be established within a walking distance of three km of the neighbourhood; (2) Wherever required the appropriate Government of the local authority shall upgrade existing schools with classes from I to V to include classes from VI to VIII and in respect of schools which start from class VI onwards, the appropriate Government or the local authority shall endeavour to add classes from I to V, wherever required. (3) In places with difficult terrain, risk of landslides, floods, lack of roads and in general, danger for young children in the approach from their homes to the school, the appropriate Government or the local authority shall locate the school in such a manner as to avoid such dangers, by reducing the area or limits specified under sub-rule (1). (4) For children from small hamlets, as identified by the appropriate Government or the local authority, where no school exists within the area or limits of neighbourhood specified under sub-rule (1), the appropriate Government or the local authority shall make adequate arrangements, such as free transportation and residential facilities, for providing elementary education in a school, in relaxation of the area or limits specified in the said rule. (5) In places with high population density, the appropriate Government or the local authority may consider establishment of more than one neighbourhood school having regard to the number of children in the age group of 6-14 years in such places. (6) The local authority shall identify the neighbourhood school(s) where children can be admitted and make such information public for each habitation. (7) In respect of children with disability, which prevent them from accessing the school, the appropriate Government or the local authority shall endeavour to make appropriate and safe transportation arrangements to enable them to attend school and complete elementary education. (8) The appropriate Government or the local authority shall ensure that access of children to the school is not hindered on account of social and cultural factors. ### 7. Financial Responsibility of the Central Government. (1) The Central Government shall prepare annual estimates of capital and recurring expenditure for carrying out the provisions of the Act, for a period of five years, within one month of the appointed date, which may be reviewed for every three years. (2) In order to implement the provisions of the Act, the Central Government shall, within a period of six months of the appointed date, ensure that its programmes for elementary education are in conformity with the provisions of the Act. (3) The Central Government shall, within a period of six months from the appointed date, hold consultation with the State Governments and determine the percentage of expenditure which it shall preview to the State Governments as grants-in-aid of revenues for implementation of the Act. (4) Within one month of the appointed date, the Central Government shall cause a reference to be made to the Finance Commission, and cause similar references to be made every time the estimates are revised: Provided that in case there is no Finance Commission in existence at the time of a particular reference, the Central Government may set up an alternative mechanism for the purpose of providing resources to the State Governments. ### 8. Academic responsibility of the Central Government. (1) The Central Government shall notify an academic authority within one month of the appointed date for development of the frame work of national curriculum. (2) The Central Government shall, in consultation with the State Governments, and such other academic authorities it may consider necessary, prepare a Scheme(s) for enabling the State Governments and Union Territories to provide pre-service and in service training of teachers in respect of schools specified in sub-clauses (i) to (iii) of clause (n) of section 2 of the Act, including a monitoring mechanism in accordance with the standards of training. ### 9. Responsibilities of the appropriate Government and local authority. (1) A child attending a school of the appropriate Government or local authority referred to in sub-clause (i) of clause (n) of section 2, a child attending a school referred to in sub-clause (ii) of clause (n) of section 2 in accordance with clause (b) of sub section (1) of section 12, and child attending a school referred to in sub-clause (iii) and (iv) of clause (n) of section 2 in accordance with clause (c) of sub section (1) of section 12 shall be entitle to free education as provided for in sub-section (2) of section 3 of the Act, and in particular to free text books, writing materials and uniforms: Provided that a child with disability shall be entitled also for free special learning and support material. Explanation: For the purposes of sub-rule (1) , it may be stated that in respect of the child admitted in accordance with clause (b) of sub-section (1) of section 12 and a child admitted in accordance with clause (c) of sub-section (1) of section 12, the responsibility of providing the free entitlement shall be of the school referred to in sub-clause (ii) of clause (n) of section 2 and of sub-clauses (iii) and (iv) of clause (n) of section 2, respectively. (2) For the purpose of determining and for establishing neighbourhood schools, the appropriate government or the local authority shall undertake school mapping, and identify all children, including children in remote areas, children with disability, children belonging to disadvantaged group, children belonging to weaker section and children referred to in section 4, within a period of one year from the appointed date, and every year thereafter. (3) The appropriate Government or the local authority shall ensure that no child is subjected to caste, class, religious or gender abuse in the school. (4) For the purposes of clause (c) of section 8 and clause (c) of Section 9, the appropriate Government and the authority shall ensure that a child belonging to a weaker section and a child belonging to disadvantaged group is not segregated or discriminated against in the classroom, during mid day meals, in the play grounds, in the use of common drinking water and toilet facilities, and in the cleaning of toilets or classrooms. ### 10. Maintenance of records of children, by the local authority. (1) The local authority shall maintain a record of all children in its jurisdiction, through a household survey, from their birth till they attain the age of 14 years. (2) The record, referred to in sub-rule (1), shall be updated annually. (3) The record, referred to in the said sub-rule, shall be maintained transparently, in the public domain, and used for the purposes of clause (e) of section 9. (4) The record, referred to in the said sub-rule shall, in respect of every child, include- (a) name, sex, date of birth, place of birth; (b) name, address, occupation of parent or guardian; (c) pre-primary school / anganwadi centre that the child attends (upto age 6); (d) elementary school where the child is admitted; (e) present address of the child; (f) class in which the child is studying (for children between the age of 6 to 14), and if education is discontinued in the territorial jurisdiction of the local authority, the cause of such discontinuance; (g) whether the child belongs to the weaker section; (h) whether the child belongs to a disadvantaged group; (i) whether the child requires special facilities or residential facilities on account of (i) migration and sparse population; (ii) age appropriate admission; and (iii) disability. (5) The local authority shall ensure that the names of children enrolled in the schools are publicly displayed in each school. Part V – Responsibilities of Schools and Teachers --------------------------------------------------- ### 11. Admission of children belonging to weaker section and disadvantaged group. (1) The school referred to in clauses (iii) and (iv) of clause (n) of section 2 shall ensure that children admitted in accordance with clause (c) of sub-section (1) of section 12 shall not be segregated from the other children in the classrooms nor shall their classes be held at places and timings different from the classes held for the other children. (2) The school referred to in clauses (iii) and (iv) of clause (n) of section 2 shall ensure that children admitted in accordance with clause (c) of sub-section (1) of section 12 shall not be discriminated from the rest of the children in any manner pertaining to entitlements and facilities such as text books, uniforms, library and Information, Communication and Technology (ICT) facilities, extra-curricular and sports. (3) The area or limits of neighbourhood specified in sub-rule (1) of rule 6 shall apply to admissions made in accordance with clause (c) of sub-section (1) of section 12: Provided that the school may for the purposes of filling up the requisite percentage of seats for children referred to in clause (c) of sub-section (1) of section 12, extend these area or limits with the prior approval of the appropriate Government. ### 12. Reimbursement of per-child-expenditure by the appropriate Government. (1) The total annual recutting expenditure incurred by the appropriate Government, from its own funds, and in respect provided by the Central Government and by any other authority, on elementary education in respect of all schools referred to in sub-clause (i) of clause (n) of section 2, divided by the total number of children enrolled in all such schools, shall be the per-child-expenditure incurred by the appropriate Government. Explanation. - For the purpose of determining the per-child-expenditure, the expenditure incurred by the appropriate Government or local authority on schools referred to in sub-clause (ii) of clause (n) of section 2 and the children enrolled in such schools shall not be included. (2) Every school referred to in clause (iii) and (iv) of clause (n) of section 2 shall maintain a separate bank account in respect of the amount received by it as reimbursement under sub-section (2) or section 12. ### 13. Documents as age proof. - Wherever a birth certificate under the Births, Deaths and Marriages Certification Act, 1886 ( 6 of 1886 ) is not available, anyone of the following documents shall be deemed to be proof of age of the child for the purposes of admission in schools - (a) hospital or Auxiliary Nurse and Midwife (ANM) register record; (b) anganwadi record; (c) declaration of the age of the child by the parent or guardian; ### 14. Extended period for admission. (1) Extended period of admission shall be six months from the date of commencement of the academic year of a school. (2) Where a child is admitted in a school after the extended period, he shall be eligible to complete studies with the help of special training, as determined by the head teacher of the school. ### 15. Recognition to school. (1) Every school, other than a school established, owned or controlled by the Central Government, appropriate Government or the local authority, established before the commencement of this Act shall make a self declaration within a period of three months of the commencement of the Act, in Form No. 1 to the concerned District Education Officer regarding its compliance or otherwise with the norms and standards specified in the Schedule and fulfilment of the following conditions, namely :- (a) the school is run by a society registered under the Societies Registration Act, 1860 (21 of 1860), or a public trust constituted under any law for the time being in force; (b) the school is not run for profit to any individual, group or association of individuals or any other persons; (c) the school conforms to the values enshrined in the Constitution; (d) the school buildings or other structures or the grounds are used only for the purposes of education and skill development; (e) the school is open to inspection by any officer authorised by the appropriate Government or the local authority; (f) the school furnishes such reports and such information as may be required from time to time and complies with such instructions of the appropriate Government or the local authority as may be issued to secure the continued fulfilment of the condition of recognition or the removal of deficiencies in working of the school; (2) Every self declaration received in Form I shall be placed by the District Education Officer in public domain within fifteen days of its receipt. (3) The District Education Officer shall, within three months of the receipt of the self declaration, cause on-site inspection of such schools which claim in Form No.1 to fulfil the norms and standards and the conditions mentioned in sub-rule (1). (4) After the inspection referred to in sub-rule (3) is carried out, the inspection report shall be placed by the District Education Officer in public domain and schools found to be conforming to the norms, standards and the conditions shall be granted recognition by the District Education Officer in Form No.2 within a period fifteen days from the date of inspection. (5) Schools that do not conform to the norms, standards and conditions mentioned in sub-rule (1) shall be listed by the District, Education Officer through a public order to this effect; such schools may request the District Education Officer for an on-site inspection for grant of recognition at any time within the next two and a half years, so that such period does not exceed three years from the commencement of the Act; (6) Schools which do not conform to the norms, standards and conditions mentioned in sub-rule (1) within three years from the commencement of the Act, shall cease to function. (7) Every school, other than a school established, owned or controlled by the Central Government, appropriate Government or local authority, established after the commencement of this Act shall conform to the norms and standards and conditions mentioned in sub-rule (1) in order to qualify for recognition under this rule. ### 16. Withdrawal of recognition to school. (1) Where the District Education Officer (hereinafter in this rule referred to as the said Officer) on his own motion, or on any representation received from any person, has reason to believe, to be recorded in writing, that a school recognised under rule 15, has violated one or more of the conditions for grant of recognition or has failed to fulfill the norms and standards specified in the Schedule, the District Education Officer shall act in the following manner,- (a) issue a notice to the school specifying the violations of the condition of grant of recognition and seek its explanation within one month. (b) in case the explanation is not found to be satisfactory or no explanation is received within the stipulated time period, the said Officer may cause an inspection of the school, to be Conducted by a Committee of three to five members comprising of educationists, civil society representatives, media, and government representatives, which shall make due inquiry and submit its report, along with its recommendations for continuation of recognition or its withdrawal, to the said Officer. (c) on receipt of the report and recommendations of the Committee, the said Officer may pass order for withdrawal of recognition: Provided that no order for withdrawal of recognition shall be passed by the said Officer without giving the school adequate opportunity of being heard. Provided further that no such order shall be passed by the said Officer without prior approval of the appropriate Government. (2) The order of withdrawal of recognition passed by the said Officer shall be operative from the immediately succeeding academic year and shall specify the neighbourhood schools to which the children of that school shall be admitted. Part VI – Teachers -------------------- ### 17. Minimum qualifications. (1) The Central Government shall, within one month of the appointed date, notify an academic authority for laying down the minimum qualifications for a person to be eligible for appointment as a teacher. (2) The academic authority notified under sub-rule (1), shall, within three months of such notification, lay down the minimum qualifications for persons to be eligible for appointment as a teacher in an elementary school. (3) The minimum qualifications laid down by the academic authority referred to in sub-rule (1) shall be applicable for every school referred to in clause (n) of section 2. ### 18. Relaxation of minimum qualification. (1) The State Government and the Union territory shall, within six months from the commencement of the Act, estimate the teacher requirement as per the norms in the Schedule for all schools referred to in clause (n) of section 2. (2) Where a State Government or a Union territory does not have adequate institutions offering courses or training in teacher education, or persons possessing minimum qualifications as notified in sub-rule (2) of rule 17 are not available in sufficient numbers in relation to the requirement of teachers estimated under sub-rule (1), the State Government or the Union territory shall request, within one year of the commencement of the Act, the Central Government for relaxation of the prescribed minimum qualification. (3) On receipt of the request referred to in sub-rule (2), the Central Government shall examine the request of the State Government or the Union territory and may, by notification, relax the minimum qualifications. (4) The notification referred to in sub-rule (3) shall specify the nature of relaxation and the time period, not exceeding three years, but not beyond five years from the commencement of the Act, within which the teachers appointed under the relaxed conditions acquire the minimum qualifications specified by the academic authority notified under sub-section (1) of section 23. (5) After six months from the commencement of the Act, no appointment of teacher for any school can be made in respect of any person not possessing the minimum qualifications notified in sub-rule (2) of rule 17, without the notification of relaxation referred to in sub-rule (3). (6) A person appointed as a teacher within six months of the commencement of the Act, must possess at least the academic qualifications not lower than higher secondary school certificate or equivalent. ### 19. Acquiring minimum qualifications. (1) The State Government and the Union territory shall provide adequate teacher education facilities to ensure that all teachers in schools referred to in sub-clause (i), and schools owned and managed by the Central Government or the State Government or Union territory or local authority under sub-clause (iii), of clause (n) of section 2, who do not possess the minimum qualifications laid down under sub-rule (2) of rule 17 at the time of commencement of the Act, to acquire such minimum qualifications within a period of [nine years] [Substituted 'five years' by Notification No. G.S.R. 1302(E) , dated 17.10.2017 (w.e.f. 8.4.2010).] from the commencement of the Act. (2) For a teacher, of a school referred to in sub-clause (ii) and (iv) of clause (n) of section 2, and of a school referred to in sub-clause (iii) of clause (n) of section 2 not owned and managed by the Central Government, State Government or Union Territory or local, who does not possess the minimum qualifications laid down under sub-rule (2) of Rule 17 at the time of commencement of the Act, the management of such school shall enable such teacher to acquire such minimum qualifications within a period of [nine years] [Substituted 'five years' by Notification No. G.S.R. 1302(E) , dated 17.10.2017 (w.e.f. 8.4.2010).] from the commencement of the Act. ### 20. Salary and allowances and conditions of service of teachers. (1) The Central Government or the appropriate Government or the local authority, as the case may be, shall notify terms and conditions of service and salary and allowances of teachers of schools owned and managed by them in order to create a professional and permanent cadre of teachers. (2) In particular and without prejudice to sub-rule (1), the terms and conditions of service shall take into account the following, namely:- (a) accountability of teachers to the School Management Committee; (b) provisions enabling long term stake of teachers in the teaching profession. (3) The scales of pay and allowances, medical facilities, pension, gratuity, provident fund, and other prescribed benefits of teachers shall be at par for similar qualification, work and experience. ### 21. Duties performed by teachers. (1) The teacher shall maintain a file containing the pupil cumulative record for every child shall be the basis for awarding the certificate for completion of elementary education. (2) A teacher, in addition to the function specified clauses (a) to (e) of sub-section (1) of section 24, may perform the following duties: (a) participation in training programmes; (b) participation in curriculum formulation, and development of syllabi, training modules and text book development; ### 21A. [ Grievance Redressal Committee. [Inserted by Notification No. G.S.R. 755(E) , dated 28.9.2015 (w.e.f. 8.4.2010).] (1) School Level Grievance Redressal Committee: (a) The School Management Committee (hereinafter referred to as the SMC) shall be the first level of grievance redressal at School level. Any teacher of a school established, owned or controlled by the appropriate Government may submit his or her grievance in writing to the Convener or Member Secretary of the SMC. (b) The SMC shall examine the grievance in the first instance and redress within fifteen days from the date of receipt of written representation from the teacher. (c) In case of non-receipt of response or unsatisfactory response from the Convener or Member Secretary of the SMC, the teacher shall be free to represent his or her case to the Block Level Grievance Redressal Committee. (2) Block Level Grievance Redressal Committee: (a) For redressal of the grievances of teachers in the schools established or controlled by the appropriate Government, there shall be a Block Level Grievance Redressal Committee consisting of Block Development Officer as Chairperson and Block Education Officer as Convener or Member Secretary. (b) The committee shall redress the grievances within thirty days. (c) If in case of non receipt of response from the Committee the teacher shall be free to represent his or her case to the District Level Grievance Redressal Committee. (d) In Union Territories, where there is no block level, other options may be considered such as Taluka or Panchayat or Ward or Island level. (e) The Block Level Committee shall meet as per the requirement but at least once in every three months. (3) District Level Grievance Redressal Committee: (a) There shall be a District Level Grievance Redressal Committee for teachers consisting of the District Collector as Chairman, senior representatives from the Zilla Parishad or Municipal Council and District Education Officer. The District Education officer shall be the Convener or Member Secretary of the Committee. (b) The District level committee shall redress the grievances within a period of three months. (c) In case the teacher is not satisfied with the recommendations of the District Level Grievance Redressal Committee, he/she may prefer an appeal to the State Level Grievance Redressal Committee. (d) The District Level Committee shall meet as per the requirement but at least once in every three months. (4) State Level Grievance Redressal Committee: (a) A Committee shall be constituted under the chairmanship of Director (Elementary Education) and consisting of two members as may be nominated by Secretary, Education of the appropriate Government. The State Level Grievance Redressal Committee shall meet as per the requirement but at least once in every six months; (b) The committee, shall after enquiry, as it deems fit, redress the grievance within a period of ninety days. (5) No service matters, orders of suspension from service and penalties under disciplinary proceedings initiated by the education department or the school management shall be taken up by the Committee. (6) Complaints relating to harassment of women teachers shall be accorded priority and shall be redressed without delay in compliance with the guidelines issued by the Supreme Court on prevention of sexual harassments at the work place. (7) Management of schools referred to under sub-clause (iii) and sub-clause (iv) of clause (n) of section 2 shall provide adequate mechanism for redressal of grievances of teachers.] ### 22. Maintaining pupil-teacher ratio. (1) The sanctioned strength of teachers in a school shall be notified by the Central Government, appropriate Government or the local authority, as the case may be, within a period of three months of the appointed date: Provided that the Central Government, appropriate Government or the local authority, as the case may be, shall, within three months of such notification, redeploy teachers of schools having strength in excess of the sanctioned strength prior to the notification referred to in sub-rule (1) . (2) If any person of the Central Government, appropriate Government or the local authority violates the provisions of sub-section (2) of section 25, he or she shall be personally liable for disciplinary action. Part VII – Curriculum and Completion of Elementary Education -------------------------------------------------------------- ### 23. Academic authority. (1) The Central Government shall notify an academic authority for the purposes of section 29 within one month of the appointed date. (2) While laying down the curriculum and evaluation procedure, the academic authority notified under sub-rule (1) shall, - (a) formulate the relevant and age appropriate syllabus and text books and other learning material; (b) develop in-service teacher training design; and (c) [ prepare class-wise, subject-wise learning outcomes for all elementary classes; and [Substituted by Notification No. G.S.R. 155(E) , dated 20.2.2017 (w.e.f. 8.4.2010).] (d) prepare guidelines for putting into practice continuous and comprehensive evaluation, to achieve the defined learning outcomes.] (3) The academic authority referred to in sub-rule (1) shall design and implement a process of holistic school quality assessment on a regular basis. ### 24. Award of certificate. (1) The certificate of completion of elementary education shall be issued at the school level within one month of the completion of elementary education. (2) The certificate referred to in sub-rule (1) shall contain the pupil cumulative record of the child. Part VIII – Protection of Right of Children --------------------------------------------- ### 25. Performance of functions by the National Commission for Protection of Child Rights. - The Central Government shall provide resource support to the National Commission for Protection of Child Rights in performance of its functions under the Act. ### 26. Manner of furnishing complaints before the National Commission for Protection of Child Rights. - The National Commission for Protection of Child Rights may set up a child helpline to register complaints regarding violation of rights of the child under the Act, which may be monitored by it through a transparent on-line mechanism. ### 27. Performance of functions by the State Commission for Protection of Child Rights. (1) An appropriate Government which does not have a State Commission for Protection of Child Rights, may take immediate steps to set up such Commission. (2) Till such time as the appropriate Government sets up the State Commission for Protection of Child Rights, it shall constitute an interim authority known as the Right to Education Protection Authority (hereinafter in this rule referred to as the REPA) for the purposes of performing the functions specified in sub-section (1) of section 31, within six months of the commencement of Act or the constitution of the State Commission for Protection of Child Rights, whichever is earlier. (3) The Right to Education Protection Authority (REPA) shall consist of the following, namely - (a) a chairperson who is a person of high academic repute or has been a High Court Judge or has done outstanding work for promoting the rights of children; and (b) two members, of whom at least one shall be a woman, from the following areas, from amongst persons of eminence, ability, integrity, standing and experience in - (i) education; (ii) child health care and child development; (iii) juvenile justice or care of neglected or marginalized children or children with disabilities; (iv) elimination of child labour or working with children in distress; (v) child psychology or sociology; or (vi) legal profession. (4) The National Commission for Protection of Child Rights Rules, 2006 shall, so far as pertains to the terms and conditions, mutatis mutandis apply to chairperson and other members of the REPA. (5) Immediately after the constitution of the State Commission fur Protection of Child Rights, all records and assets of the REPA shall be transferred to it. (6) In performance of its functions, the stale Commission for Protection of Child Rights or the REPA, as the case may be, may also act upon matters referred to it by the State Advisory Council. (7) The appropriate Government shall provide resource support to the State Commission for Protection of Child Rights or the REPA, as the case may be, in performance of its functions under the Act. ### 28. Manner of furnishing complaints before the State Commission for Protection of Child Rights. (1) The State Commission for Protection of Child Rights, or the Right to Education Protection Authority (hereinafter in this rule referred to as REPA), as the case may be, may set up a child help line which would register complaints regarding violation of rights of the child under the Act, which may be monitored by it through a transparent on line mechanism. ### 29. Constitution of the National Advisory Council. (1) The National Advisory Council (hereinafter in this rule referred to as the Council) shall consist of a Chairperson and fourteen Members. (2) The Minister of Human Resource Development shall be the ex-officio chairperson of the Council. (3) Members of the Council shall be appointed by the Central Government from amongst persons having knowledge and practical experience in the field of elementary education and child development, as under. (a) at least three members should be from amongst persons belonging to the Scheduled Caste, the Scheduled tribe and minorities; (b) at least one member should be from amongst persons having specialized knowledge and practical experience of education of children with special needs; (c) one member should be from amongst persons having specialised knowledge in the field of pre-primary education; (d) at least one member should be from amongst persons having specialized knowledge and practical experience in the field of teacher education; (e) The following shall be ex-officio members of the Council (i) Secretary, School Education and Literacy (ii) Director, National Council of Education Research and Training (iii) Vice Chancellor, National University of Educational Planning and Administration. (iv) Chairperson, National Council of Teacher Education (v) Chairperson, National Commission of Protection of Child Rights. (f) One third of all members shall be women. (g) Joint Secretary in charge of implementation of the Act will be ex-officio Member Secretary, and secretarial support will be provided by the Department of School Education and Literacy. (4) The Council may especially invite representatives of other related Ministries/Departments as required ### 30. Functions of the National Advisory Council. (1) The National Advisory Council shall function in an advisory capacity. (2) The National Advisory Council shall perform one or more of the following functions, namely: - (a) review (i) norms and standards specified in the Schedule; (ii) compliance with teacher qualifications and trainings; and (iii) implementation of section 29; (b) commission studies and research for the effective implementation of the Act; (c) coordinate with the State Advisory Councils; (d) act as an interface between the public and the media and the Central Government in creating awareness, mobilisation, and a positive environment for the implementation of the Act. (3) The National Advisory Council shall prepare reports relating to the reviews, studies and research undertaken by it and furnish the same to the Central Government. ### 31. Constitution of the State Advisory Council. (1) The State Advisory Council (hereinafter referred to in this rule as the Council) shall consist of a chairperson and fourteen members. (2) The Minister in-charge of School Education in the appropriate Government shall be the ex-officio chairperson of the Council. (3) Members of the Council shall be appointed by the appropriate Government from amongst persons having knowledge and practical experience in the field of elementary education and child development, as under (a) at least three members should be from amongst persons belonging to the Scheduled Caste, the Scheduled Tribe and minorities; (b) at least one member should be from amongst persons having specialized knowledge and practical experience of education of children with special needs; (c) one member should be from amongst persons having specialised knowledge in the field of pre-primary education; (d) at least one member should be from amongst persons having specialized knowledge and practical experience in the field of teacher education; (e) The following shall be ex-officio members of the Council i. Secretary in charge of Elementary Education ii. Director State Council of Educational Research and Training / State Institute of Education iii. Commissioner/Director of Elementary Education. iv. Chairperson, State Commission for Protection of Child Rights/Right to Education Protection Authority (f) One third of all members shall be women. (g) SPD, SSA shall be ex-offico Member Secretary of the Council (4) The Council may especially invite representatives of other related Ministries/Departments as required. Appendix Form 1 Self Declaration Cum Application for Grant of Recognition of School (See sub-rule (1) of rule 15) To The District Education Officer (Name of District and Union territory) Sir, I forward herewith with a self declaration regarding compliance with the norms and standards specified in the Schedule of the Right of Children to Free and Compulsory Education Act, 2009 and an application in the prescribed proforma for the grant of recognition to ............................................ (Name of the school) ................... With effect from the commencement of the school year 20 ........... Yours faithfully, Enclosure: Place : Date: Chairman of Managing Committee/Manager \| \| \| --- \| \| A. School Details \| \| 1. \| Name of School \| \| \| 2. \| Academic Session \| \| \| 3. \| District \| \| \| 4. \| Postal Address \| \| \| 5. \| Village / City \| \| \| 6. \| Tahsil \| \| \| 7. \| Pin Code \| \| \| 8. \| Phone No. with STD Code \| \| \| 9. \| Fax No. \| \| \| 10. \| E.Mail address if any \| \| \| 11. \| Nearest Police Station \| \| \| \| \| --- \| \| B. General Information \| \| 1. \| Year of Foundation \| \| \| 2. \| Date of First Opening of school \| \| \| 3. \| Name of Trust / Society / Managing Committee / is registered \| \| \| 4. \| Whether Trust / Society / Managing Committee / is registered \| \| \| 5. \| Period upto which Registration of Trust / Society / Managing Committee is valid \| \| \| 6. \| Whether there is a proof of non-proprietary character of the Trust/Society/Managing Committee supported by the list of members with their address on an affidavit in copy \| \| \| 7. \| Name official address of the Manager/President/Chairman of the School \| \| \| \| Name \| \| \| \| Designation \| \| \| \| Address \| (O) .... \| \| \| Phone \| (R) ...... \| \| 8. \| Total Income and Expenditure during last 3 year surplus/deficit \| \| \| \| Year \| Income \| Expenditure \| Surplus/deficit \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| \| C. Nature and area of school \| \| 1. \| Medium of Instruction \| \| \| 2. \| Type of School (Specify entry exit classes) \| \| \| 3. \| If aided, the name of agency and percentage of aid \| \| \| 4. \| If school Recognized \| \| \| 5. \| If so, by which authority• Recognition number \| \| \| 6. \| Does the school has its own building or is it running in a rented building \| \| \| 7. \| Whether the school buildings or other structures or the grounds are used only for the purpose of education and skill development? \| \| \| 8. \| Total area of the school \| \| \| 9. \| Built in area of the school \| \| \| \| \| --- \| \| D. Enrollment Status \| \| \| Class \| No. of Section \| No. of Students \| \| 1. \| Pre-primary \| \| \| \| 2. \| I-V \| \| \| \| 3. \| VI-VIII \| \| \| \| \| \| --- \| \| E. Infrastructure Details & Sanitary Conditions \| \| \| Room \| Numbers \| Average Size \| \| 1. \| Classroom \| \| \| \| 2. \| Office room-cum-Store Room-cum-Headmaster Room \| \| \| \| 3. \| Kitchen -Cum-Store \| \| \| \| \| \| --- \| \| F. Other Facilities \| \| 1. \| Whether all facilities have barrier free access \| \| \| 2. \| Teaching Learning Material (attach list) \| \| \| 3. \| Sports and Play equipments (attach list) \| \| \| 4. \| Facility books in Library• Book (No. of books)• Periodical / Newspapers \| \| \| 5. \| Type and number of drinking water facility \| \| \| 6. \| Sanitary Conditions \| \| \| \| (i) Type of W.C. and Urinals \| \| \| \| (ii) Urinal / Lavatories Separately for Boys \| \| \| \| (iii) Urinals / Lavatories Separately for Girls \| \| \| \| \| --- \| \| G. Particulars of Teaching Staff \| \| 1. Teaching in Primary/Upper Primary exclusively (details of each teacher separately) \| \| Teacher Name(1) \| Father/Spouse Name(2) \| Date of Birth(3) \| \| \| \| \| \| Academic Qualification(4) \| Professional Qualifications(5) \| Teaching Experience(6) \| \| \| \| \| \| Class Assigned(7) \| Appointment Date(5) \| Trained or Untrained(6) \| \| \| \| \| \| 2. Teaching in Both Elementary and Secondary (details of each teacher separately) \| \| Teacher Name(1) \| Father/Spouse Name(2) \| Date of Birth(3) \| \| \| \| \| \| Academic Qualification(4) \| Professional Qualifications(5) \| Teaching Experience(6) \| \| \| \| \| \| Class Assigned(7) \| Appointment Date(8) \| Trained or Untrained(9) \| \| \| \| \| \| 3. Head Teacher \| \| Teacher Name(1) \| Father/Spouse Name(2) \| Date of Birth(3) \| \| \| \| \| \| Academic Qualification(4) \| Professional Qualifications(5) \| Teaching Experience(6) \| \| \| \| \| \| Class Assigned(7) \| Appointment Date(8) \| Trained or Untrained(9) \| \| \| \| \| \| \| \| --- \| \| H. Curriculum and Syllabus \| \| 1. \| Details of curriculum and syllabus followed in each class (upto VIII) \| \| \| 2. \| System of Pupil Assessment \| \| \| 3. \| Whether pupils of the school are required to take any Board exam upto class 8? \| \| (I) Certified that the school has also submitted information in this data capture format of District Information System of Education with this application. (J) Certified that the school is open to inspection by any officer authorized by the appropriate authority; (K) Certified that the school undertakes to furnish such reports and information as may be required by the District Education Officer from time to time and complies with such instructions of the appropriate authority or the District Education Officer as may be issued to secure the continued fulfilment of the condition of recognition or that removal of deficiencies in working of the school; (L) Certified that records of the School pertinent to the implementation of this Act shall be open to inspection by any officer authorized by the District Education Officer or appropriate authority at any time, and the school shall furnish all such information as may be necessary to enable the Central Government or the Local Body or the Administration to discharge its or his obligations to Parliament / Panchayat Municipal Corporation as the case may be. Sd/- Chairman/Manager, Managing Committee .................School Place Form II Gram: E-Mail: Phone: Fax: Office of District Education Officer (Name of District / Union Territory) No. Dated: The Manager, Sub: Recognition Certificate for the School under sub-rule (4) of rule 15 of Right of Children to Free and Compulsory Education Rules, 2010 for the purpose of section 18 of Right of Children to Free and Compulsory Education Act, 2009. Dear Sir/Madam, With reference to your application dated \_\_\_\_\_\_\_\_\_\_ and subsequent correspondence with the school/inspection in this regard, I convey the grant for provisional recognition to the \_\_\_\_\_\_\_\_\_\_\_\_\_ (name of the school with address) for Class \_\_\_\_\_\_\_ to Class \_\_\_\_\_\_\_\_\_ for a period of three years w.e.f. \_\_\_\_\_\_ to \_\_\_\_\_. The above sanction is subject to fulfilment of following conditions:- ### 1. The grant for recognition is not extendable and does not in any way imply any obligation to recognize/affiliate beyond Class VIII. ### 2. The School shall abide by the provisions of Right of Children to Free and Compulsory Education Act, 2009 (Annexure I) and the Right of Children to Free and Compulsory Education Rules, 2010 (Annexure II). ### 3. The School shall admit in class 1 (or in pre-school class, as the case may be), to the extent of % of the strength of that class, children belonging to weaker section and disadvantaged group in the neighbourhood and provide free and compulsory elementary education till its completion. ### 4. For the children referred to in paragraph 3, the School shall be reimbursed in accordance with the provisions of sub-section (2) of section 12 of the Act. To receive such reimbursements school shall maintain a separate bank account. ### 5. The Society/School shall not collect any capitation fee and subject the child or his or her parent or guardian to any screening procedure. ### 6. The School shall not deny admission to any child for lack of age of proof shall adhere to the provisions of section 15 of the Act. The School shall ensure: (i) No child admitted shall be held back in any class or expelled from school till the completion of elementary education in a school; (ii) No child shall be subjected to physical punishment or mental harassment; (iii) No child is required to pass any board examination till the completion of elementary education; (iv) Every child completing elementary education shall be awarded a certificate as laid down under rule 25 (v) Inclusion of Students with disabilities/special needs as per provision of the Act (vi) The teachers are recruited with minimum qualifications as laid under section 23(1) of the Act. Provided further that the current teachers who, at the commencement of this Act do not possess minimum qualifications shall acquire such minimum qualifications with in a period of 5 years; (vii) The teacher performs its duties specified under section 24(1) of the Act and (viii) The teachers shall not engage himself or herself for private teaching activities. ### 7. The School shall follow the syllabus on the basis of curriculum laid down by appropriate authority. ### 8. The School shall maintain the standards and norms of the school as specified in section 19 of the Act. The facilities reported at the time of last inspection are as given under:- Area of school campus Total built up area Area of play ground No. of class rooms Room for Headmaster-cum-Office-cum-Storeroom Separate toilet for boys and girls Drinking Water Facility Kitchen for cooking Mid Day Meal Barrier free Access Availability of Teaching Learning Material Play Sports Equipments/Library ### 9. No unrecognized classes shall run within the premises of the school or outside in the same name of school. ### 10. The school buildings or other structures or the grounds are used only for the purposes education and skill development. ### 11. The School is run by a society registered under the Societies Registration Act, 1860 (2) of 1860), or a public trust constituted under any law for the time being in force; ### 12. The School is not run for profit to any individual, group or association of individuals or any other persons; ### 13. The accounts should be audited and certified by a Chartered Accountant and proper accounts statements should be prepared as per rules. A copy each of the Statements of Accounts should be sent to the District Education Officer every year. ### 14. The recognition Code Number allotted to your school is ------------. This may please be noted and quoted for any correspondence with this office. ### 15. The school furnishes such reports and information as may be required by the Director of Education/District Education Officer from time to time and complies with such instructions of the Appropriate Government/ Local Authority as may be issued to secure the continued fulfilment of the condition of recognition or the removal of deficiencies in working of the school; ### 16. Renewal of Registration of Society if any, be ensured. ### 17. Other conditions as per Annexure enclosed. Yours faithfully, District Education Officer
65bad057ab84c7eca86ec8c7	acts	State of Jharkhand - Act -------------------------- Bihar Non-Government School Employees Provident Fund, Insurance and Pension (Triple Benefit Scheme) Rules ----------------------------------------------------------------------------------------------------------- JHARKHAND India Bihar Non-Government School Employees Provident Fund, Insurance and Pension (Triple Benefit Scheme) Rules =========================================================================================================== Rule BIHAR-NON-GOVERNMENT-SCHOOL-EMPLOYEES-PROVIDENT-FUND-INSURANCE-AND-PENSION-TRIPLE-BENEFIT-SCHEME-RULES of 1964 --------------------------------------------------------------------------------------------------------------------- * Published on 4 September 1964 * Commenced on 4 September 1964 Bihar Non-Government School Employees Provident Fund, Insurance and Pension (Triple Benefit Scheme) Rules Published vide Notification No. 3431, dated the 4th September, 1964 No. 3431, dated the 4th September, 1964. - The employees of Non-Government Elementary and Secondary Schools, run by local bodies or private managements, are entitled at present simply to the benefits of Contributory Provident Fund. They are not entitled to any pension, nor are they required to Insure their lives compulsorily to provide the wherewithal to sustain them in their old age or their family in the event of their untimely death. The question of improving their service conditions in this respect had been engaging the attention of Government for sometime past. After a very careful consideration the State Government have decided to institute a Triple Benefit (Provident Fund-cum-Insurance-cum-Pension) Scheme for the benefit of such employees with effect from 1st April, 1962. ### 2. The Rules, framed by the State Government for the implementation of the scheme, are appended to this order. These will be deemed to have come into force with effect from 1st April, 1962. ### 3. The outline of the scheme is briefly as under:- (1) Permanent members of teaching and ministerial staff, serving in Non-Government Elementary or Secondary schools (other than a "proprietary" School), whether run by a local body or any private management will be entitled hereafter to not only Contributory Provident Fund but also to pension or gratuity. Except in cases of over-age or medical unfitness, they will also be required to insure their lives in the Life Insurance Corporation of India to a minimum extent, the amount of policies to be so taken varying with their age and emoluments. (2) The existing Provident Fund Rules for the teacher of Non-Government Primary, Middle and Secondary Schools will continue to remain in force. (3) Employees, retiring from the schools on or after 1st April, 1962 will be eligible for the benefit of pension or gratuity under the Scheme. (4) Disbursement of pension will be authorised by the Accountant-General after necessary scrutiny of the service record of the employee concerned. (5) The District Education Officer, or any other Officer authorised by the State Government in that behalf will be the authority responsible to enforce the provisions of the Scheme in his area. (6) As claims for pension under these rules can be settled only on the basis of service records of the employees maintained systematically, the following procedure shall be followed with immediate effect:- (a) For each employee entitled to the benefits under the Scheme a Service Book, in the form prescribed for non-gazetted Government employees; mutatis mutandis, shall be opened by the employer immediately, if not done already, and posted up-to-date. In the case of future entrants, it shall be opened immediately on appointment. All the entries in the service book shall be duly attested by an officer authorised by the management. (b) The entries in Service Books shall be verified once a year by the Sub-divisional Education Officer in the case of employees serving in schools other than those exclusively for girls, and by the District Inspectress of Schools in respect of Girls Schools. The Officer verifying the entries in a Service Book shall furnish therein a certificate to that effect, under his attestation. (c) The Scales of pay, as well as pay and allowances drawn from time to time, entered in the Service Books, shall be the prescribed by Government for such schools. (7) The Controlling Authority will be competent to sanction pension to the concerned employees under this Scheme. (8) To obviate delays in the settlement of claims for pension or gratuity to the employees, under this scheme, the procedure of preliminary verification of service etc. one year ahead shall apply in future. ### 4. The Rules relating to the preparation of pension papers etc. applicable to Government servants and the forms at present in vogue for pension purposes will be generally adopted in the case of these persons. In order to distinguish these bills, from the bills relating to ordinary pensions, the Superintendent, Government Press, Gaya will print the pension forms for use of employees under this scheme, on papers of pink colour. ### 5. The account and audit work relating to the pension scheme will be entrusted to the Accountant-General, Bihar. ### 6. The expenditure on account of payment of pension and gratuity under this scheme will be debited under the following heads of account:- Pension - "65-Pension and Other Retirement Benefits Superannuation and retirement Allowances Third Five-Year Plan/Fourth Five-year Plan-Pensions to employees of Non-Government Schools." Gratuity - "65. Pension and Other Retirement Benefits - Gratuities - Third Five-Year Plan/Fourth Five-Year Plan - Gratuities to the Employees of Non-Government Schools." ### 7. The Director of Public Instruction will be responsible to take further action for giving immediate effect to the provisions of this scheme. Chapter I General ---------------------- ### 1. These Rules may be called "The Bihar Non-Government School Employees' Provident Fund, Insurance and Pension Rules." ### 2. These shall be deemed to have come into force from 1st April, 1962. ### 3. These shall apply to the employees of the following categories of recognised Non-Government Schools, other than proprietary schools, whether run by local bodies or by private management:- (i) All Primary Schools (including Junior Basic Schools); (ii) All Middle Schools (including other Basic Schools); (iii) Such Secondary Schools (including Sarvodaya, Multipurpose, Higher Secondary Schools), as were recognised up to the enforcement of these rules; (iv) Such other schools as are declared in this regard by the State Government from time to time. Chapter II Definitions --------------------------- ### 4. (1) In these Rules, unless there is anything repugnant in the subject or context: (a) "Controlling Authority" means- (i) Inspectress of Schools in respect of all Girls Secondary Schools; (ii) District Education Officer in respect of the rest; (iii) Any other officer declared by the State Government in that behalf. (b) "School" means a recognised Elementary or Secondary School; (c) "Elementary School" means a non-Government Primary or Middle School or a Junior basic or senior basic school recognised under rules framed by Government; (d) "Secondary School" means a recognised school, not owned or managed by Government, imparting instruction in secondary or higher secondary education; (e) "Employer" means the management running a school and includes its duly appointed representative; (f) "Employees" means a whole-time employee belonging to the teaching or ministerial staff of a school who has been duly appointed; (g) "Family" means the subscriber's wife or husband, legitimate children and step children, parents, sisters and brothers residing with and wholly dependent on him; (h) "Government" 'means the Government of Bihar; (i) "Insurance Company" means Life Insurance Corporation of India; (j) "Emoluments" means the salary to which an employee is entitled in the time-scale prescribed by Government and includes the dearness allowance payable to him at the rate prescribed by Government. (Government Notification no. 3647, dated the 18th September, 1964) (k) "Leave" means any variety of leave granted under Rules approved by the State Government: (l) "Year" means a financial year; (m) "Local Body" means a duly constituted local authority and recognised by Government as such; (n) "Management" means a person or body of persons, a local body, a Registered Association, a Managing Committee or Committees maintaining one or more schools registered and or recognised as such by the Government; (o) "Proprietary School" means a school, the entire financial responsibility of the running of which is borne by a private individual, a group of private individuals, a trust, an association or a corporate body; (p) "Policy" means an Insurance Policy taken by an employee in the Life Insurance Corporation of India; (q) "Pension" means the pension payable to an employee under these rules and includes a gratuity; (r) "Salary" means the amount drawn monthly by an en employee as. - (i) The pay, other than special pay or teaching allowances granted in view of his personal qualifications which has been sanctioned for a post held by him substantively or in an officiating capacity; (ii) Special pay and personal pay; and (iii) Any other recurring emolument which may be specially classed as salary by Government; (s) "Subscriber" means an employee who is required or permitted to subscribe to the Contributory Provident Fund and has been subscribing thereto. (2) All words and expressions, used in these Rules and not defined in these Rules but defined in the Bihar Contributory Provident Fund Rules, 1941, the Bihar Education Code or the Bihar Service Code shall respectively have the same meaning as assigned to them in those Rules or Codes. Chapter III Contributory Provident Fund -------------------------------------------- ### 5. The Provident Fund, instituted by the Government or local body for the benefit of employees of recognised Non-Government Primary, Middle and Secondary Schools will continue to be maintained in accordance with the Rules in force on the date of enforcement of these rules. Chapter IV Insurance ------------------------- ### 6. An employee, falling under any of the following categories, who has completed five years of service shall, within one year thereafter, insure his life with the Life Insurance Corporation of India for a policy maturing at an age not earlier than 55 years for the minimum amount specified there, against and keep the policy alive and unencumbered:- \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| \| Categories of employees. \| Those who have completed 20 years but not 30 years of age. \| Those who have completed 30 years but not 35 years of age. \| Those who have completed 35 years but not 40 years of age \| \| \| \| Rs. \| Rs. \| Rs. \| \| 1. \| Headmaster of Secondary Schools. \| 3,500 \| 3,000 \| 2,500 \| \| 2. \| Employees drawing emoluments above Rs. 200 p.m. \| 2,500 \| 2,000 \| 1,500 \| \| 3. \| Employees drawing emoluments above Rs. 150 but not above Rs. 200 p.m. \| 2,000 \| 1,500 \| 1,000 \| \| 4. \| Other employees drawing emoluments above Rs. 65 but not above Rs. 150 p.m. \| 1,500 \| 1,000 \| 500 \| Provided that an employee who has already taken out such a policy need not take out a fresh one under this Rule, if the policy is alive and unencumbered. Note. - An employee who has completed 5 years of service on or before the 1st April, 1962 shall insure his life within a period of one year from the date of publication of these Rules unless he has already taken out a policy satisfying the requirements of the above proviso. ### 7. When an employee who has insured under one of the categories referred to in Rule 6 gets into a higher category, either due to promotion or increment, he shall within six months of such increase effect additional insurance to cover the differences, provided he be medically fit and had not already attained the age of 40 years. No such additional insurance need however be insisted on in cases where in the opinion of the Controlling Authority, the employee's chances of continuing in the higher category are uncertain. Rules 6 and 7 will not apply to an employee who is declared ineligible for insurance or the personnel belonging to the religious order who have been exempted from subscribing to the Contributory Provident Fund or to the employees observing Purdah. ### 8. An employee who delays, without valid reasons, to comply with the provisions of Rules 6 and 7 shall forfeit all claims to his service period to the date of insurance being counted for pension. ### 9. A policy taken out under these rules may be assigned to any member of the subscriber's family but not to any one else as gift or for value received. ### 10. An employee who has attained the age of 40 years shall not be required to insure his life compulsorily. Chapter V Pension and Gratuity ----------------------------------- ### 11. An employee shall be eligible for pension or gratuity, as the case may be.- (1) On retirement by reason of his attaining the age of superannuation whether the retirement takes effect immediately or after the close of the academic year, or (2) On voluntary retirement after completing 30 years qualifying service, or (3) On discharge due to invalidation on medical grounds, or (4) On discharge due to abolition of the post. ### 12. Pension shall be admissible to an employee who has completed 10 years of qualifying service. ### 13. Gratuity shall be admissible to an employee who has completed five years of qualifying service. ### 14. Service of an employee does not qualify unless he holds a post permanently. ### 15. The amount of pension or gratuity, that may be granted, will be determined by the length of qualifying service vide rule 20. Fraction of a year less than ½ will not be taken into account in the calculation of pension or gratuity under these rules. Pension shall be calculated to the nearest multiple of 5 naye paise. ### 16. (a) The full pension admissible under these Rules is not to be given as a matter of course, or unless the service rendered has been really approved. (b) If the service is not thoroughly satisfactory, the authority sanctioning the pension should order such reduction in the amount as it thinks proper. ### 17. (a) In computing the length of qualifying service all previous service in one or more than one institutions shall be taken into account. (b) Leave without allowances, suspension allowance to stand as a specific penalty, over stay of joining time or leave not subsequently regularised and periods of breaks shall not be reckoned as qualifying service. (c) Interruption in service upto a total period of 24 months may be condoned by the State Government for the purpose of calculating qualifying service. (d) Time passed on leave without pay will count as qualifying service to the extent mentioned below:- (i) If the total service is not less than 15 years but less than 30 years, one year. (ii) If the total service is not less than 30 years, two years. Notes. - (1) In the case of married woman employee time passed on maternity leave may be allowed to count as qualifying service. (2) The service put in by an employee before he has completed 18 years of age or after attaining the age of 62 years or on re-employment after retirement shall not qualify for pension or gratuity. (3) War service or Military service rendered by an employee shall count as qualifying service for pension to the extent laid down in Section III of Chapter V of the Bihar Pension Rules. ### 18. Temporary service or officiating service of an employee when followed by permanency whether in the same or any other post will count in full pension. ### 19. No claim to pension shall be admitted in the following cases:- (a) When an employee is appointed for a limited time only, or for a special duty; on the completion of which he is to be discharged. (b) When an employee is appointed temporarily. (c) When an employee is appointed part-time. (d) When an employee is dismissed or removed for misconduct, insolvency or inefficiency. ### 20. The amount of superannuation, retiring compensation, or invalid pension compensation or invalid gratuity will be the appropriate amount noted below:- \| \| \| \| \| --- \| --- \| --- \| \| Completed years ofQualifying service \| Scale of Gratuity or Pension \| Maximum limit \| \| (a) Gratuity. \| \| 1. \| 4 years \| and less \| Nil \| …. \| \| 2. \| 5 years \| “ \| 2 ½ months emoluments \| …. \| \| 3. \| 6 years \| “ \| 3 months emoluments \| …. \| \| 4. \| 7 years \| “ \| 3 ½ months emoluments \| …. \| \| 5. \| 8 years \| “ \| 4 months emoluments \| …. \| \| 6. \| 9 years \| “ \| 4 ½ months emoluments \| …. \| \| 7. \| 10 years \| “ \| 10/120 ths \| of average emoluments \| …. \| \| 8. \| 11 years \| “ \| 11/120 ths \| “ \| …. \| \| 9. \| 12 years \| “ \| 12/120 ths \| “ \| …. \| \| 10. \| 13 years \| “ \| 13/120 ths \| “ \| …. \| \| 11. \| 14 years \| “ \| 14/120 ths \| “ \| …. \| \| 12. \| 15 years \| “ \| 15/120 ths \| “ \| …. \| \| 13. \| 16 years \| “ \| 16/120 ths \| “ \| …. \| \| 14. \| 17 years \| “ \| 17/120 ths \| “ \| …. \| \| 15. \| 18 years \| “ \| 18/120 ths \| “ \| …. \| \| 16. \| 19 years \| “ \| 19/120 ths \| “ \| …. \| \| 17. \| 20 years \| “ \| 20/120 ths \| “ \| …. \| \| 18. \| 21 years \| “ \| 21/120 ths \| “ \| …. \| \| 19. \| 22 years \| “ \| 22/120 ths \| “ \| …. \| \| 20. \| 23 years \| “ \| 23/120 ths \| “ \| Rs. 900 per annum in the case of Head-masters of Secondary Schools and Rs. 720 per annum in other cases. \| \| 21. \| 24 years \| “ \| 24/120 ths \| “ \| \| 22. \| 25 years \| “ \| 25/120 ths \| “ \| \| 23. \| 26 years \| “ \| 26/120 ths \| “ \| \| 24. \| 27 years \| “ \| 27/120 ths \| “ \| \| 25. \| 28 years \| “ \| 28/120 ths \| “ \| \| 26. \| 29 years \| “ \| 29/120 ths \| “ \| \| 27. \| 30 years \| “ \| 30/120 ths \| “ \| Note. - For the purpose of this Rule, "Emoluments" and "Average Emoluments" will be determined in the manner laid down in Chapter VII, Bihar Pension Rules. ### 21. The authority competent to sanction the pension or gratuity of an employee may, at his discretion, condone a deficiency upto six months in the qualifying service, if the qualifying service exceeds nine years but falls short of ten years for grant of pension and exceeds four years but falls short by less than six months for grant of gratuity. ### 22. An employee shall submit a formal application for pension on plain paper to his employer one year in advance of the date of his actual or anticipated retirement. ### 23. On receipt of the formal application, the employer shall immediately prepare a statement of the applicant's service in the second page of pension Form 1 and arrange to verify them according to the following procedure:- (a) The employer will complete the verification by making a reference to the Service Book, Acquittance Roll and Pay Rolls of the employee as maintained in the institution. (b) If the service claimed cannot be fully verified or if it be impossible to verify the service otherwise, a written statement of the applicant shall be taken on plain paper and such collateral evidence as may be procured shall be collected and a certificate of verification on the basis of the evidence gathered shall be recorded by the employer in the Service Book. (c) The employer shall maintain Service Book with necessary leave account in respect of each employee holding a substantive appointment on a permanent establishment or a temporary post in the time-scale of pay or on a fixed pay for an indefinite period. ### 24. The preparation of the service statement and the verification of the service, in the manner set out in the preceding rules, shall be undertaken by the employer as soon as it becomes known that an employee will retire within a period of six months or a person entitled to pension has already retired before publication of these rules and shall not be delayed till the employee has actually submitted the formal application for pension. ### 25. (a) After completing the verification in the manner indicated in Rule 23 the employer shall draw the application in pension Form 1. (b) The employer shall then arrange, with the application, all the documents relied upon for the verification of the service claimed in such manner that they can be conveniently consulted, and forward them together with employee's service book, or service roll, as the case may be, and the statement in the second page of Pension Form 1 duly completed upto the date through the authority empowered to sanction the pension to the Accountant-General, Bihar. ### 26. The pension found admissible may be sanctioned by the Controlling Authority. On receipt of his sanction together with connected documents in his office, the Accountant-General, Bihar, shall after due verification and check, issue the Pension Payment Order to the person concerned. In case of delay, the payment of an anticipatory pension may be authorised by the Accountant-General. ### 27. Cases requiring the grant of any concessions not contemplated >n these rules shall be submitted to Government for their orders. ### 28. There shall be no commutation of pension sanctioned under these Rules. ### 29. No temporary increase (Dearness Allowance) shall be payable in respect of such pensions. Government of Bihar, Education Department, G.O. No.XII/TBS 1-014/70-292-E, dated 25.5.1970. From, Sri N. P. Sinha, Education Commissioner. To The Accountant-General, Bihar, P.O. Hinoo, Ranchi. Subject :- Simplification of pension Rules under the Triple Benefit Scheme Rules for employees of Non-Government Schools (The Bihar Non-Government School Employee's Provident Fund, Insurance and Pension Rules). I am directed to say that in order to eliminate delay in finalisation of pension cases of the employees of Non-Government Schools, it has been considered necessary to simplify the Rules and procedure under the Triple Benefit Scheme Rules. Accountant General, Bihar has also made certain suggestions which the State Government has carefully considered, and have been pleased to decide as follows:- Verification of Service ### 1. Under the existing Rules, the employer, on receipt of formal application for pension has to verify the service by making reference to the acquittance roll and pay roll of the employee maintained in the different institutions, although entries to that effect are recorded in the service book. This is the main reason for delay in finalisation of pension cases. It has now been decided that in such cases, first day of service which qualify for pension, the date of retirement and intervening period of service which does not qualify for pension should only be verified and the qualifying service determined after deducting the service not qualifying for pension. Average Emoluments ### 2. Under the existing Rules, the pension is calculated on the basis of average emoluments of last 3 years of service. It has now been decided that pension should be calculated on the basis of average emoluments of the last 12 months. Counting of Leave ### 3. In accordance with the existing Rules, the time passed on leave without pay does not count as service beyond certain fixed limit. It has now been decided that all kinds of leave including leave without pay will count for pension without any restriction. ### 4. These orders will take effect from 1st April, 1970 .
65b941d1ab84c7eca86e8bdf	acts	State of Uttarakhand - Act ---------------------------- Uttarakhand Value Added Tax Rules, 2005 ----------------------------------------- UTTARAKHAND India Uttarakhand Value Added Tax Rules, 2005 ========================================= Rule UTTARAKHAND-VALUE-ADDED-TAX-RULES-2005 of 2005 ----------------------------------------------------- * Published on 11 November 2005 * Commenced on 11 November 2005 Uttarakhand Value Added Tax Rules, 2005 Published vide Notification No. 1345 /27(8) /VAT/2005, dated 11.11.2005 No. 1345 /27(8) /VAT/2005, dated 11.11.2005. - In exercise of the powers conferred by Section 71 of the Uttarakhand Value Added Tax Act, 2005 (Act no. 27 of 2005 ) read with Section 21 of the Uttar Pradesh General Clauses Act, 1904 (Act No.1 of 1904) (as applicable in Uttarakhand), and in supersession of all existing rules, the Governor is pleased to make the following rules to carry out the purposes of the said Act. Whereas the State Government, being satisfied that circumstances exist which render it necessary to take immediate action under proviso to sub-section (3) of Section 71 of the said Act, the Governor is further pleased to make these rules without previous publication. Chapter I Preliminary -------------------------- ### 1. Short title. (1) These Rules may be called The Uttarakhand Value Added Tax Rules, 2005. (2) They shall come into force with effect from 1st October 2005. ### 2. Definitions. - In these rules, unless the context otherwise requires - (1) "Act" means the Uttarakhand Value Added Tax Act, 2005. (2) "Accountant" means a Chartered Accountant, as defined in the Chartered Accountants Act, 1949 or a Cost Accountant as defined in the Cost and Works Accountants Act, 1959 or a member of an Association of Accountants recognised in this behalf by the Central Board of Revenue, or a person who has acquired any one of the following qualifications - (a) Senior All India Diploma in Commerce awarded by the All India Board of Technical Studies in Commerce, Business Administration and Economics of All India Council of Technical Education, provided that the Diploma holder took "Advanced Accountancy and Auditing" as his optional subject; or (b) Certificate of having passed the first examination conducted by the Central Government under the Auditor's Certificate Rules, 1932; or (c) A Degree of any Indian University incorporated by any law for the time being in force in Commerce, with Advanced Accountancy or Higher Auditing as one of the Subjects; or (d) Certificate of having passed any other examination recognized by the State Government in this behalf, (3) [ "Additional Commissioner of Commercial Tax" means any person appointed by the State Government, either by name or by virtue of his office, to perform the duties and exercise the powers of an Additional Commissioner and includes an Additional Commissioner (Executive), Additional Commissioner (Appeal),Additional Commissioner (Audit), Additional Commissioner (Enforcement) and Additional Commissioner (Headquarters);] [Substituted vide Notification No. 324/XXVII(8) /2008, dated 14-5-2008.] (4) "Assessing Authority" means any person appointed by the State Government or the Commissioner of Commercial Tax (hereinafter in these rules referred to as the Commissioner) to perform all or any of the functions, duties and exercise the powers of an Assessing Authority under the Ordinance Act or the Rules, and includes: (a) a Joint Commissioner (Assessment) of a region appointed by the State Government to perform the duties and exercise the powers of an Assessing Authority in such region; (b) a Deputy Commissioner (Assessment) of a range appointed by the State Government to perform the duties and exercise the powers of an Assessing Authority in such range; (c) [ an Assistant Commissioner of a circle/sector posted by the Government or a Commercial Tax Officer appointed or posted by the Commissioner of Commercial Tax to such circle/sector to perform the duties and exercise the powers of an Assessing Authority in such circle/sector; and] [Substituted vide Notification No. 324/XXVII(8) /2008, dated 14-5-2008.] (d) an officer authorized under sub-rule (3) of rule 5 of these rules; (5) [ "Assistant Commissioner" means an Assistant Commissioner appointed by the State Government to perform the functions, duties and exercise the powers of an Assessing Authority and includes a Commercial Tax Officer, appointed by the Commissioner;] [Substituted vide Notification No. 324/XXVII(8) /2008, dated 14-5-2008] (6) "Circle" means a Commercial Tax Circle notified under these Rules and includes a sub - circle similarly notified; (7) "Deputy Commissioner" means any person appointed as such by the State Government, and includes a Deputy Commissioner (Administration), Deputy Commissioner (Check post), Deputy Commissioner (Mobile Squad), Deputy Commissioner (Litigation), Deputy Commissioner (Enforcement), Deputy Commissioner (Special Investigation Branch) or a Deputy Commissioner (Assessment) appointed by the State Government; (8) "Joint Commissioner" means any person appointed as such by the State Government, and includes a Joint Commissioner (Administration), Joint Commissioner (Appeals), Joint Commissioner (Check Post), Joint Commissioner (Collection), Joint Commissioner (Executive), Joint Commissioner (Special Investigation Branch), Joint Commissioner (Enforcement), or Joint commissioner (Assessment) appointed by the State Government; (9) "Lawyer" means an Advocate, Vakil or Attorney of any High Court, a Barrister-at-law, a pleader, a mukhtar or a Revenue Agent; [(9-A) "Quarter" means - [Added by Notification No. 835/2016/181(120) 27(8)/2008, dated 4.10.2016 (w.e.f. 11.11.2005)] (a) First Quarter 1st April to 30 June; (b) Second Quarter 1st July to 30 September; (c) Third Quarter 1st October to 31st December; (d) Fourth Quarter 1st January to 31st March.] (10) "Range" means the area within the jurisdiction of a Deputy Commissioner (Enforcement) or a Deputy Commissioner (Special Investigation Branch), or a Deputy Commissioner (Check Post and Mobile Squad), notified under sub-rule (1) of Rule 3; (11) "Region" means the area within the jurisdiction of a Joint Commissioner (Executive) or a Joint Commissioner (Appeals) or a Joint Commissioner (Special Investigation Branch) or a Joint Commissioner (Enforcement) or a Joint Commissioner (Assessment) notified under sub-rule (1) of rule3; (12) "Repealed Act" means the Uttarakhand (the Uttar Pradesh Trade Tax Act, 1948) Adaptation and Modification Order, 2002; (13) "Repealed Ordinance" means the Uttarakhand Value Added Tax Ordinance, 2005; (14) [ "Repealed Rules" means the Uttarakhand Value Added Tax Rules, 2005; notified under Section 71 of Uttarakhand Value Added Tax Ordinance, 2005;] [Substituted vide Notification No. 324/XXVII(8) /2008, dated 14-5-2008.] (15) "Repealed Trade Tax Rules" means the Uttarakhand (The Uttar Pradesh Trade Tax Rule, 1948) Adaptation and Modification Order, 2002; (16) "State Representative" means an officer not below the rank of an Assistant Commissioner authorized in writing by the Commissioner to represent, or argue the cases on behalf of the Commissioner or the committee constituted for disposal of application for grant of eligibility certificate before the Joint Commissioner (Appeals) or Additional Commissioner (Appeals) or the Tribunal, as the case may be: Provided that in the case of temporary absence on leave or otherwise of the State Representative, an officer authorised in writing by the Additional Commissioner or by the Joint Commissioner (Executive) shall act as the State Representative; (17) "Section" means a Section of the Act; (18) "Treasury " means a Government Treasury in Uttarakhand and includes a sub- treasury; (19) "Tribunal" means an Appellate Tribunal constituted under the Act; (20) "Zone" means the area within the jurisdiction of Additional Commissioner as notified under sub-rule (1) rule 3; (20A) [ "e-payment or Online Payment" means electronic transfer of funds from payer's bank account into the payee's bank account:] [Substituted vide Notification No. 557/2010/181(120) /XXVII(8)/2008, dated 31-12-2010.] [20(B) "e-challan" means copy of the challan of online payment in the prescribed form generated by the bank the tax payer online by electronic device;] [Clause 20(B) of rule 2 inserted vide Notification No. 557/ 2010/181 (120)/XXVII(8)/ 2008, dated 31-12-2010.] (21) Words and expressions used but not defined in these rules and defined in the Act, shall have the same meanings respectively as assigned to them in the Act. Chapter II Authorities and Their Powers -------------------------------------------- ### 3. Power to create Zones, Regions, Ranges and Circles. (1) The State Government, may by notification in the official Gazette, - (a) create or abolish the Zone of an Additional Commissioner and notify the circles or sub-circles that are included in such Zone; (b) create or abolish the region of a Joint Commissioner (Executive) or a Joint Commissioner (Appeals) or Joint Commissioner (Special Investigation Branch) or a Joint Commissioner (Assessment) or a Joint Commissioner (Enforcement) and notify the circles or sub-circles that are included in such region; and (c) create or abolish the range of a Deputy Commissioner (Check post and Mobile Squad) or a Deputy Commissioner (Enforcement) or a Deputy Commissioner (Special Investigation Branch), and notify the circles or sub-circles that are included in such range. (2) The Commissioner may, by notification in the official Gazette, create or abolish a circle or sub -circle and fix or re-fix the limits thereof. (3) The Commissioner shall determine the respective jurisdiction of an Additional Commissioner of a Zone, or a Joint commissioner of region or a Deputy Commissioner of a range in the following cases - (a) where there are more than one Additional Commissioner in a Zone; (b) where there are more than one Joint Commissioner (Executive) or Joint Commissioner (Appeals) or Joint Commissioner (Special Investigation Branch) or Joint Commissioner (Enforcement) or Joint Commissioner (Assessment) in a region; (c) where there are more than one Deputy Commissioner (Check posts and Mobile Squad), Deputy Commissioner (Enforcement) or Deputy Commissioner (Special Investigation Branch) in a range. (4) [ Where there are more than one Assistant Commissioner or Commercial Tax Officer in a circle, the Commissioner shall determine the respective jurisdiction of each within that circle.] [Substituted vide Notification No. 324/XXVII(8) /2008, dated 14-5-2008.] Explanation - In determining the respective jurisdiction of officers under sub-rule (3) or (4), it shall be open to the Commissioner to direct that an officer shall exercise jurisdiction over such dealers or class of dealers as may be specified by him in that behalf, and unless directed otherwise, the successor in office shall exercise the same jurisdiction and may proceed with the cases from the stage at which they were left by such officer. ### 4. Commercial Tax Authorities and their powers. (1) The Commissioner shall have jurisdiction over whole of the State and shall exercise all the powers conferred, and perform all the duties imposed upon him by or under the Act or these Rules; (2) Consistent with the provisions of the Act and these rules, the Commissioner shall have superintendence over all officers and persons employed in the execution of the Act and these Rules, and the Commissioner may from time to time issue such orders, instructions and directions as he may deem fit for the proper administration of the Act and for regulating the procedure to be followed in carrying out the provisions of the Act and these Rules: Provided that no such instructions or directions shall be given so as to interfere with the discretion of the Joint Commissioner (Appeals) in the exercise of his appellate functions. (3) The Commissioner shall have all the powers exercisable by his subordinate authorities other than the Appellate Authorities under Section 51. (4) Subject to such restrictions and conditions as may be specified by the Government from time to time, the Commissioner may, by order in writing, delegate any of his powers and functions under the Act and the Rules made thereunder, to any officer subordinate to him. (5) [ The Government shall appoint as many Additional Commissioners, Joint Commissioners, Deputy Commissioners, Assistant Commissioners, Commercial Tax Officers and such other officers as it thinks fit for the purpose of performing the functions respectively assigned to them by or under these rules. Such officers shall perform the said functions in whole of the State or within such local limits as the Government or any authority or officer empowered by it in this behalf, may assign to them.] [Substituted vide Notification No. 324/XXVII(8) /2008, dated 14-5-2008.] (6) Subject to the general control of the Commissioner, the Additional or Joint Commissioner shall exercise all the powers vested in the Commissioner. (7) Subject to the general control of the Commissioner, the Joint Commissioner and Deputy Commissioners shall also exercise the powers conferred, and perform the duties imposed by or under the Act or these Rules or as may, consistent with the Act or these Rules, be conferred on or assigned to them. (8) All officers and persons employed for the execution of the Act shall observe and follow the orders, instructions and directions of the officers superior to them; (9) (a) The Commissioner of Commercial Tax on his own motion or on an application made to him on this behalf, may transfer any case or class of cases at any stage from one Assessing Authority in a circle to another Assessing Authority or to any officer subordinate to him; (b) The Additional Commissioner or Joint Commissioner (Executive) on his own motion or on an application made to him on this behalf, may, subject to the general control of the Commissioner of Commercial Tax, also transfer any case or class of cases at any stage from one Assessing Authority to another Assessing Authority within his Zone or, as the case may be, within his region; (c) (i) The Commissioner may, before the commencement of the hearing of an appeal, either on his own motion or on the application of the appellant, transfer any case or class of cases from one Additional Commissioner (Appeals) to another Additional Commissioner (Appeals) or from one Joint Commissioner (Appeals)to another Joint Commissioner (Appeals) or to an Additional Commissioner (Appeals); (ii) The President of the Tribunal may at any stage after the Commencement of the hearing of an appeal, on an application made by the appellant or the Commissioner, transfer any case or class of cases from one Additional Commissioner (Appeals) to another Additional Commissioner (Appeals) or from one Joint Commissioner (Appeals) to another Joint Commissioner (Appeals) or to an Additional Commissioner (Appeals). Explanation (1) : - Unless otherwise directed, the officer, to whom a case is transferred under clause (a) or clause (b) of sub-rule (9), shall have all such powers as the officer from whom the case was transferred, and he may deal with the case either de novo or from the stage at which the case was so transferred. Explanation(2) : - For the proposes of this rule, hearing shall be deemed to have commenced on the issue of notice referred to in sub-rule (2) of Rule 37. (d) The Commissioner of Commercial Tax may transfer any case or cases at any stage of proceeding from the officer authorized under Section 52 to any other such officer. ### 5. Powers of Assessment and matters incidental thereto. (1) Subject to the provisions of Rule 6, the Assistant Commissioner shall be the Assessing Authority in respect of the dealers carrying on business within the limits of his jurisdiction. (2) All Joint Commissioners, Deputy Commissioners and Assessing Authorities, and all other officers authorised under sub-rule (3) shall be competent to exercise all or any of the powers under Section 42 or Section 43: Provided that prior permission of the higher authority shall be necessary before any powers under the said Sections are exercised by any of the aforesaid authorities beyond the limits of his jurisdiction. (3) Notwithstanding anything contained in these rules, the State Government may authorize any officer to exercise all or any of the powers mentioned in Section 42 and Section 43 within the whole of the State, or within one or more than one circle, as may be specified in the order. The officer so authorized shall have concurrent jurisdiction with the Assistant Commissioner in the State or, as the case may be, with the Assistant Commissioner or Assistant Commissioners of the said circle or circles. (4) For the purpose of these rules, an Assistant Commissioner empowered or authorized under sub-Section (10 )of Section 34 or Section 42 or Section 43 or posted at a check post or barrier established under Section 47 shall be deemed to be an Assessing Authority in the circle in which his office is situated. ### 6. Jurisdiction of Assessing Authority. (1) If a dealer carries on business within the limits of jurisdiction of only one Assistant Commissioner, that officer shall be the Assessing Authority in respect of the dealer and the place where he carries on business shall be deemed to be his principal place of business. (2) If a dealer carries on business within the limits of jurisdiction of more than one Assistant Commissioner, he shall within thirty days of the date of commencement of the Act declare one of the places of his business as his principal place of business in the State and shall intimate all the Assistant Commissioners within whose limits of jurisdiction his places of business are situated. The Assistant Commissioner within whose limits of jurisdiction the principal place of business so declared by the dealer is situated, shall be the Assessing Authority in respect of such dealer: Provided that in the case of any Department of the Central Government or of a State Government or of a Company, Corporation or Undertaking owned or controlled by the Central Government or by a State Government carrying on business within the limits of jurisdiction of more than one Assistant Commissioner, the Commissioner or any officer authorized by him in this behalf may order that each Assistant Commissioner within whose jurisdiction such Department, Company, Corporation, or Undertaking is carrying on business shall be the Assessing Authority in respect of the place or places of business within the limits of the jurisdiction, or permit such Department, company, Corporation or Undertaking to declare one place of business as the principal place of business in the State ,in which case the Assistant Commissioner within whose limits of jurisdiction such declared principal place of business is situated, shall be the Assessing Authority in respect of such Department, company, Corporation or Undertaking. (3) If the principal place of business of a dealer is situated outside Uttarakhand, and such dealer carries on business at only one place in Uttarakhand the Assistant Commissioner within whose limits of jurisdiction the place of business in the State is situated shall be the Assessing Authority in respect of such dealer. (4) If the principal place of business of dealer is situated outside Uttarakhand, and such dealer carries on business at more than one place in Uttarakhand he shall declare one of his places of business in the State as the principal place of business in Uttarakhand within thirty days of the commencement of business and shall intimate all the Assistant Commissioners within whose limits of jurisdiction his places of business are situated. The Assistant Commissioner within whose limits of jurisdiction the principal place of business so declared is situated, shall be the Assessing Authority in respect of such dealer. (5) If no declaration as required under sub-rule (2) or sub-rule (4) is made by a dealer within the time specified therein, the Commissioner or any officer authorized by him in this behalf shall determine the Assistant Commissioner, who will be the Assessing Authority in respect of such dealer and his decision shall be final. (6) If a dealer has no fixed place of business, the Assistant Commissioner within whose limits of jurisdiction he ordinarily resides shall be the Assessing Authority in respect of such dealer. (7) The Officer-in charge of the check post shall be the Assessing Authority under Section 50 of the Act in respect of the owner or person-in charge of the vehicle obtaining authorization for transit of goods from that check post. (8) No dealer, who has once made a declaration under sub-rule (2) or sub-rule (4) or who has failed to make such declaration within the time specified therein, shall be allowed to change the same or, as the case may be, to make a declaration except with the previous written permission of the Commissioner or any officer authorized by him in this behalf, and on such conditions as he may deem fit to impose. (9) Whenever there is any doubt or if any of the sub-rules of this rule do not apply, the Commissioner shall determine the Assistant Commissioner who will be the Assessing Authority in respect of a dealer, and his decision shall be final. (10) The Commissioner may by order in writing, transfer the jurisdiction of a dealer or class of dealers from one Assessing Authority to another Assessing Authority. Chapter III Registration ----------------------------- ### 7. [ Application for Registration. [Substituted by vide Notification No. 557/2010/181(120) /XXVII(8)/2008, dated 31-12-2010.] (1) Every dealer who is required to be registered under Section 15 or Section16 of the Act shall submit an application for registration under sub-section (2) of Section 17 of the Act to the assessing authority or any other officer authorised by the Commissioner in Form I. The application for registration shall be submitted electronically on departmental website. The dealer submitting the application for registration shall be duly introduced by an existing registered dealer of three years standing an Advocate or by a Chartered Accountant or Cost Accountant. The application shall be accompanied by copies of passport Size photographs of the proprietor or each adult partner of the firm or of each adult co-partner of the Hindu Undivided Family, as the case may be, duly attested by an Advocate or a Gazetted officer along with PAN of business issued by the Income Tax Department, and shall be under the Signature of - (a) the proprietor or any person authorized to act on his behalf in case of proprietorship business. (b) a partner duly authorized by all other partners in case of partnership firm. (c) the karta in case of Hindu Undivided Family. (d) the Managing Director or Director or a person authorized by the Board of Directors in case of a limited company. (e) the President or Secretary in the case of Society, Club or Association of persons. (f) the Head of the officer or any other person authorized by him in case of a department of a State Government or the Central Government or a Corporation or a local body. (g) Trustee in case of a trust. (h) The receiver or guardian of a minor or an incapacitated person where business is in the name of the minor incapacitated person. (i) in any other case person duly authorized by the dealer or any other person authorized by a competent authority. (2) For obtaining registration, certified copies of the following documents shall be produced before the assessing authority or any other officer authorised by the Commissioner. The originals shall be produced at the time of verification of such documents. (a) For Proof of deposit of Registration Fee (i) Challan or e-challan; (b) For proof of identity of the individuals - any one of the following (i) Passport of the individual (ii) Voter ID Card of the individual (iii) PAN card of the individual (iv) Driving License of the individual. and, passport Size photograph of the individual attested by an Advocate or a Gazetted officer (c) For proof of residential address of the individuals - any one of the following containing the name and residential address of the individual - (i) Passport of the individual (ii) Voter ID Card of the individual (iii) Driving License of the individual (iv) Bank account statement/Pass Book of the individual along with a leaf of cancelled cheque of such account (v) Registered sale deed or lease deed of the house, as the case may be (vi) Latest receipt of property tax of municipal corporation, council/Gram Panchayat, as the case may be, or property tax assessment order (vii) Latest paid telephone bill (viii) Latest paid electricity bill of UPCL (ix) Certificate issued by an officer of revenue department, not below the rank of Tehsildar. (d) For proof of the address of all the business premises of the dealer (other than Department/ Corporation/ Company/ Institution of Central/ State Govt. or Local Bodies) - any one of the following containing name of the business and the address of the premises - (i) Registered sale deed or ownership deed of the business premises or agreement with the builder in the case of owner. (ii) Property Tax assessment order (iii) Proof of tenancy/ sub tenancy like tenancy agreement or rent receipt or lease or license or consent letter etc. supported by documents showing ownership of license holder or person giving consent, in case of tenant/subtenant, (iv) Meter sealing certificate issued by UPCL of the premises. (v) Certificate issued by an officer of revenue department, not below the rank of Teshildar (vi) Certificate issued by SIDCUL or DIC or (vii) Development authority. (viii) Bank account statement/Pass Book of the business along with a leaf of cancelled cheque of such account. (e) For proof of, constitution of the dealer (other than proprietor) - (i) Registered partnership deed in case of the partnership firm. (ii) Document by which HUF was created in case of a HUF. (iii) Memorandum of association and article of association and Bank a/c statement of the business in case of a company. (iv) By-laws of Society, Club or Association in case of society, club or association. (v) Certificate issued by the Head of the department or office incase of Govt. Department or corporation. (vi) Trust deed in case of a trust. (f) For proof of authority in the name of the applicant (other than proprietor) (i) Authority letter given by all other partners of a partnership firm of such partner who is signing the registration application. (ii) Document (containing the name of karta) by which HUF was created in case of a HUF. (iii) Authority letter given by the board of directors to such director or manager/employee of a company who is signing the registration application. (iv) Resolution of appointment of the person as President or Secretary in case of a society, club or association. (v) Authority letter given by the Head of office of a department of State Govt. or Central Govt. or Corporation or Local Body to such officer or employee who is signing the registration application. (vi) Resolution passed by all the trustees in the name of a trustee to authorize him to sign the registration application. (vii) Authority letter given by the incapacitated proprietor of the business to the person who is authorized to sign the registration application. (viii) Copy of deed or relevant document in case of receiver or guardian of a minor or an incapacitated person. (g) For proof of registration under other Acts (if such registration is applicable) (i) Registration Certificate Under The Shop or Commercial Establishment Act (ii) Registration Certificate Under the Mandi Act (iii) Registration Certificate issued by the Registrar under the Firms and Society Act (iv) Registration Certificate Under the Service Tax Act (v) Registration Certificate Under the Industries Act (vi) Registration Certificate Under the Central Excise Act (vii) Registration Certificate Under the Drugs and Cosmetics Act (viii) Registration Certificate issued by Registrar under the Companies Act (ix) Registration Certificate issued by KVIC or KVIB (x) Registration Certificate Under the Trade Marks Act, 1999 (xi) Registration Certificate Under Any other Act of a State or The Central Govt. (h) List of documents submitted for registration - (i) Name of document submitted Provided that the assessing authority or any other officer authorised by the Commissioner may require a person who is already registered under the Act to furnish all or any information as per Form I and such dealer whenever so required shall furnish correct, complete and true information: Provided further that the application for registration shall not be accepted if it is not complete and the required annexures and documents are not submitted and such application shall not be considered to be an application made under this rule. (3) Each application for registration shall be accompanied by satisfactory proof of deposit of fee and penalty specified in the Act, where payable. (4) An application for registration shall be made within thirty days of the date on which the dealer becomes liable to registration. (5) Where a person or a dealer has more than one place of business in the State, he shall make a single application for registration in respect of all such places specifying therein one of such places as the principal place of business and submit it to the assessing authority or any other officer authorised by the Commissioner in whose jurisdiction such principal place of business is situated. (6) Where a dealer is required to furnish any information regarding change of business as per the provisions of sub-section (11) of Section 17 of the Act, he shall furnish the information within thirty days of the occurring of such events and shall furnish such information in Form-I(D) along with Form-I online or otherwise under the signatures of the person or the dealer referred to in sub-rule (1) above, duly attested by an Advocate or a Gazetted officer; Provided that if a dealer fails to inform any change as required above, having the effect of transferring the liability to pay tax on another person, then notwithstanding the change, any tax which such other person is liable to pay after the change may be recovered from such dealer as if no change had taken place: Provided further that nothing in the foregoing proviso shall discharge the transferee or the succeeding dealer as a result of change, of his liability to tax. (7) Dealer furnishing application online shall produce the original documents for verification on date and time fixed by the assessing authority or any other officer authorised by the Commissioner. (8) Notwithstanding anything contained in this rule, the assessing authority or any other officer authorised by the Commissioner may require a dealer who is already registered under the Act, to furnish all or any information or document including the PAN of the business required as per this rule in Form I and such dealer, whenever so required, shall furnish correct, complete and true information or documents. (9) Where submission of registration application electronically is not feasible the Commissioner may grant the facility of its manual submission.] ### 8. [ Fees for Registration. [Substituted vide Notification No. 557/2010/181(120) /XXVII(8)/2008, dated 31-12-2010.] (1) The dealer or person who is required to obtain registration shall furnish along with the Application for Registration satisfactory proof of deposit of a fee of rupees one thousand: Provided that the dealer who is already registered, his registration shall remain in force without depositing any additional registration fees, till he continues to be liable to registration under the Act. (2) The registration granted to a dealer shall remain in force so long as the dealer continues to be liable to registration under the Act.] ### 9. Grant of Registration Certificate. (1) If the [Assessing Authority or any other officer authorised by the Commissioner] [Substituted for 'The Words Assessing Authority' vide Notification No. 557/ 2010/ 181 (120) /XXVII(8) /2008, dated 31-12-2010.] is satisfied that the application for registration is in order, the information furnished is correct and complete and the fee and the penalty, where payable, under Section 17 has been deposited, he may, unless he considers it necessary to demand security under Section 20 register the dealer and grant to him the Registration Certificate in [Form II (Amended) ] [Substituted for 'Form 2' vide Notification 557 /2010 /181(120) /XXVII(8) /2008, dated 31-12-2010.] (2) If the [Assessing Authority or any other officer authorised by the Commissioner] [Substituted for 'The Words Assessing Authority' vide Notification No. 557/ 2010/ 181 (120) /XXVII(8) /, dated 31-12-2010.] has demanded security under Section 20 the dealer shall be registered and granted a Registration Certificate only if the security, so demanded, has been furnished to the satisfaction of such officer. (3) If the application is incorrect, incomplete, is not in order, or the fee or penalty has not been paid or the security has not been furnished, the [Assessing authority or any other officer authorised by the Commissioner] [Substituted for 'The Words Assessing Authority' vide Notification No. 557 /2010/ 181 (120) /XXVII(8)/2008, dated 31-12-2010] may, after serving on the dealer a notice to show cause, reject the application. (4) Every Registration Certificate in [Form II (Amended)] [Substituted for 'Form 2' vide Notification No. 557 /2010/ 181(120) /XXVII(8) /2008, dated 31-12-2010.] shall bear Taxpayer's Identification Number (TIN) and it shall be entered in the Register of Registered Dealers. TIN will comprise of three components - (a) State Code in 2 characters as 05 (b) 7 digital serial number which shall indicate the serial number which shall be consecutive for all dealers in the State according to the entry in the Register of Registered Dealers. (c) Check digits in 2 characters as may be worked out by the Commissioner: Provided that if the dealer is already registered under the Uttarakhand (the Uttar Pradesh Trade Tax Act, 1948) Adaption and Modification Order, 2002 and registration number, under the said sub-rule of these rules, has not been allotted, the dealer may, for the purposes of these rules, use upto 31st December 2005, the registration number allotted to him under the said Act. (5) The [Assessing Authority or any other officer authorised by the Commissioner] [Substituted for 'The Words Assessing Authority' vide Notification No. 557 /2010/ 181 (120) / XXVII(8) /2008, dated 31-12-2010.] shall furnish to the dealer, free of cost, an attested copy of the registration certificate for every additional place of business specified therein. (6) A Registration Certificate granted [\\\*] [Words 'or renewed' omitted vide Notification No. 557 /2010 /181(120) /XXVII(8)/ 2008, dated 31-12-2010.] under these rules shall not be transferable. Where a registered dealer is succeeded in the business by another dealer by transfer, reconstitution, or otherwise, the dealer so succeeded shall obtain a fresh Registration Certificate in accordance with these rules. (7) If a Registration Certificate is lost, destroyed or defaced, the [Assessing Authority or any other officer authorised by the Commissioner] [Substituted for 'The Words Assessing Authority' vide Notification No. 557 /2010 /181(120) /XXVII(8) /2008, dated 31-12-2010.] shall, on being satisfied that the certificate has so been lost, destroyed or defaced, issue a duplicate copy thereof on presentation of an application by the dealer which shall be accompanied by satisfactory proof of deposit of a fee of Rs. 50/ - (8) The provisions of Rule 7, Rule 8 and Rule 9 shall mutatis mutandis, apply to Voluntary Registration under Section 16. (9) The TIN in case of a casual dealer shall be as per sub-rule (4) but the number shall be suffixed by (T) and its entry shall be made in the Register of Registered Dealers in red ink. [(10 Commissioner may from time to time, issue necessary instructions in relation to the disposal of registration application in a fixed time frame, requirement of biometric verification and requirement of additional information in the cases of sensitive commodities procedure to be followed in respect of online registration, amendment in registration disposal of such application and other matters relating to the grant of registration.] [Sub-rule (10) of rule 9 inserted vide Notification No. 557/2010/181(120)/XXVII(8)/2008, dated 31-12-2010.] ### 10. Cancellation of Registration Certificate. (1) It a dealer who has been granted a Registration Certificate in Form II is satisfied that he is no longer liable to such registration, he may apply to the [Assessing Authority or any other officer authorised by the Commissioner] [Substituted for 'The Words Assessing Authority' vide Notification No. 557 /2010 /181 (120) /XXVII(8)/2008, dated 31-12-2010.] within fifteen days of the occurrence of any event requiring the cancellation of a registration certificate, for the cancellation of his certificate. The [Assessing Authority or any other officer authorised by the Commissioner] [Substituted for 'The Words Assessing Authority' vide Notification No. 557 /2010 /181 (120) /XXVII(8)/2008, dated 31-12-2010.] shall, after such enquiry as he may consider necessary, either cancel the certificate or reject the application: Provided that the dealer's application for cancellation of Registration Certificate shall not be rejected without giving the dealer a reasonable opportunity of being heard. (2) Notwithstanding anything contained in sub-rule (1) above, if the [Assessing Authority or any other officer authorised by the Commissioner] [Substituted for 'The Words Assessing Authority' vide Notification No. 557 /2010 /181 (120) /XXVII(8)/2008, dated 31-12-2010.] is satisfied that under the provisions of Section 18 it is necessary to cancel the Registration Certificate of a dealer, he shall cause notice to be served on the dealer to this effect, and shall give him a reasonable opportunity of being heard and after considering the reply submitted by the dealer, he may cancel the Registration Certificate or, as the case may be, vacate the notice. (3) Every dealer shall submit to the [Assessing Authority or any other officer authorised by the Commissioner] [Substituted for 'Assessing Authority' Notification No. 557/2010/181(120) /XXVII(8)/2008, dated 31-12-2010.] within thirty days of the communication to him of the order of cancellation the details of every taxable goods held as stock or as capital goods on the date of cancellation, on which he may be liable to pay any amount under the provisions of sub-section (5) of Section 18 and furnish along with satisfactory proof of deposit of the due amount. Chapter IV Submission of Return and Calculation of Turnover and Assessment of Tax -------------------------------------------------------------------------------------- ### 11. [ Submission of Returns. [Substituted vide Notification No. 557/2010/181(120) /XXVII(8)/2008, dated 31-12-2010.] (1) Every dealer, liable to tax shall submit periodical returns of his turnover and every person responsible for making deduction of tax at source under the provisions of Section-35 of the Act, shall submit periodical returns of payment made and TDS to the assessing authority in the manner specified in the table below accompanied by supporting documents including (a) Proof of payment of amount of tax or interest if any; (b) Proof of payment of late fees as prescribed, along with satisfactory reasons for the delay in case such return is not filed within the prescribed time; (c) List of Tax charged by the registered selling dealers on the turnover of State Purchase of NON CAPITAL VAT GOODS in respect which ITC is claimed, in the prescribed format. (d) List of Tax charged by the registered selling dealers on the turnover of State Purchases OF CAPITAL VAT GOODS in respect which ITC is claimed, in the prescribed format: (e) List of Tax Charged on the turnover of State Sales of Vat Goods (including capital goods) from the registered purchasing dealers, in the prescribed format (f) Such other annexure, documents and statements as may be prescribed. \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| Sl. No. \| Class of Dealers or persons \| Submission of periodical returns \| Payment of tax, composition money, late fee, interest or TDS \| Prescribed form for the periodical returns \| \| 1 \| Dealers having GTO of more than 50 lakh in the preceeding year. \| Quarterly,for quarter ending June 30, September 30, December 31 and March 31 up to 25th of the succeeding month Returnshall be filed in one of the following ways:- (1) Online on the website of the Department with digital signature of the dealer or the person authorized to sign the return, issued by the certifying authority in accordance with the provisions of Section 35 of the Information Technology Act, 2000. (2) Online on the website of the department without digital signature, a duly signed electronically generated hard copy of the return and the "acknowledgement" with the proof of payment or epayment of tax or any other dues. \| Monthly by e payment up to 25th of the succeeding month: Providedthat in case the tax due for a month is NIL the dealer shall submit such information in Form-VI (A) up to 25th of The succeeding month. \| Form-III (amended) \| \| 2 \| Dealers having GTO up to 50 lakh in the Preceeding year. \| Quarterly,for quarter ending June 30, September 30, December 31 and March 31up to 25th of the succeeding month Returnshall be filed in one of the following ways:- (1) Online on the website of Department with digital signature of the dealer or the person authorized to Sign the return, issued by the certifying authority in accordance with the provisions of Section 35 of the Information Technology Act, 2000. (2) Online on the website of department without digital signature, a duly signed electronically generated hard copy of the return and the "acknowledgement" with the proof of payment or epayment of tax or any other dues. (3) If filed otherwise duly signed copy of the return and two copies of the "acknowledgement" along with proof of payment or e-payment of tax or any other dues. \| Quarterly, by e-payment or otherwise up to 25th or the succeeding month \| Form-III (amended) \| \| 3 \| Dealers who are in first year of their business \| Quarterly,for quarter ending June 30, September 30, December 31 and March 31 up to 25th of the succeeding month Returnshall be filed in one of the following ways: - (1) Online on the website of Department with digital signature of the dealer or the person authorized to sign the return, issued by the certifying authority in accordance with the provisions of Section 35 of the Information Technology Act, 2000. (2) Online on the website of the department without digital signature, a duly signed electronically generated hard copy of the return and the "acknowledgement" with the proof of payment or epayment of tax or any other dues. (3) If filed otherwise duly signed copy of the return and two copies of the "acknowledgement" along with proof of payment or e-payment of tax or any other dues. \| Monthly by epayment or otherwise up to 25th of the succeeding month \| Form-III (Amended) \| \| 4 \| Dealers who have opted for composition scheme under sub-section (1) of Section 7 of the Act. \| Quarterly,for quarter ending June 30, September 30, December 31 and March 31 up to 25th of the succeeding month. Returnshall be filed in one of the following three ways:- (1) Online on the website of the Department with digital signature of the dealer or the or the person authorized to sign the return, issued by the certifying authority in accordance with the provisions of Section 35 of the Information Technology Act, 2000. (2) Online on the website of the department without digital signature, a duly signed electronically generated hard copy of the return and the "acknowledgement" with the proof of payment or epayment of tax or any other dues. (3) If filed otherwise duly signed copy of the return and two copies of the "acknowledgement" along with proof of payment or e-payment of tax or any other dues. \| Quarterly, by epayment or otherwise up to 25th of the succeeding month \| Form-III (C) (Amended) \| \| 5 \| Dealers/ persons carrying on business of transfer of property in goods involved in the execution of works contract \| Quarterly,for quarter ending June 30, September 30, December 31 and March 31 up to 25th of the succeeding Month. Returnshall be filed in one of the following ways:- (1) Online on the website of the Department with digital signature of the dealer or the person authorized to sign the return, issued by the certifying authority in accordance with the provisions of Section 35 of the Information Technology Act, 2000. (2) Online on the website of the department without digital signature, a duly Signed electronically generated hard copy of the return and the "acknowledgement" with the proof of payment or epayment of tax or any other dues. (3) If filed otherwise duly signed copy of the return and two copies of the "acknowledgement" along with proof of payment or e-payment of tax or any other dues. \| Quarterly, by e-payment or otherwise up to 25th of the succeeding month \| Form-III (B) (Amended) \| \| 6 \| Persons responsible for making deduction of tax at source under the provisions of Section-35 of the Act,Explanatio n- if such person is a registered dealer he, in addition to the return prescribed for him in clause (1) ,(2),(3),(4 ), or clause (5), as the case may be, shall file return in form-III A(amended) \| Quarterlyfor quarter ending June 30, September 30, December 31 and March 31, up to 25th of the succeeding month. Filing of return shall be filed in one of the following ways:- (1) Online on the website of the Department with digital signature of the dealer or the person authorized to sign the return, issued by the certifying authority in accordance with the provisions of Section 35 of the Information Technology Act,2000 (2) Online on the website of the department without digital signature, a duly signed electronically generated hard copy of the return and the "acknowledgment" with the proof of payment or epayment of tax or any other dues (3) If filed otherwise - duly signed copy of the return and two copies of the "acknowledgment" along with proof of payment or e-payment of tax or any other dues. \| Monthly, by epayment or otherwise upto 52th of the succeeding month \| Form 3(A) (Amended) \| Provided that pescribed return filed without furnishing the proscribed details along with supporting documents shall not be accepted; Provided further that, the Commissioner may, by a general order, make it mandatory for a class of dealers or persons or for all dealers to file persons or for all dealers to file periodical returns online and to pay due tax, composition money, fee, TDS, interest or any other amount electronically and may also from time to time issue necessary instructions regarding filing of returns; Provided also that the Commissioner may relax the requirement of online submission of returns in cases covered by serial no. 1 of the table above. [Provided further that, the Commissioner, may be a general order, make it mandatory for a dealer or a class of dealers or persons or for all dealers, to file a periodical monthly return and to pay due tax, composition money fee, TDS, interest or any other amount on monthly basis as well.] (2) Every dealer who desires to pay tax as per the provisions of subSection (1) of Section 7 of the Act, shall submit to the assessing authority an application in Form XXII within 45 days of the commencement of the Assessment year. Explanation: - Turnover for the purpose of this subrule means the gross turnover of sales within the State excluding sale of goods specified in Schedule II(C) , Schedule III and the goods specified in Schedule 1 on which additional excise duty is liable under Additional Duties of Excise (Goods of Special Importance) Act, 1957. (3) If periodical return is not filed within the time prescribed in subrule (1) and the dealer applies for the extension for time, he shall pay late free in the following manner - [Sl. No. Period of delay and amount of late fees [Substituted vide Notification No. 804/2011/181(120) /XXVII(8)/2008, dated 22-07-2011.] ### 1. (a) Rs. 100.00 for a week or part thereof, for dealers or persons who are liable to deposit tax quarterly, till the date of filing of the return. ### 1. (b) Rs. 200.00 for a week or part thereof, for dealers or persons who are liable to deposit tax monthly or submit intimations in forms VI(A), till the date of filing the return. Provided that the provision of late fee for late filing of return shall not exempt the dealer from its liability of interest for not depositing the tax due under the Act within the time prescribed. However, in case where the extension of time has been granted and prescribed late fee deposited the penal provisions prescribed in clause (iv) of subSection (1) of Section 58 and the provisions relating to provisional assessment in clause (a) of sub-section (3) of Section 24 shall not be attracted.] (4) Before submitting the return under this Rule the dealer or person, shall, in the manner laid down in these rules, deposit the amount of tax or TDS or other dues under the Act and submit to the assessing authority the proof of payment of such amount along with the return: Provided that where a Government Department wants to deposit the tax by book transfer, such department shall, before submitting such return, prepare a bill in triplicate, for the amount of tax due, endorse it to the Assessing Authority in accordance with the financial rules on the subject and attach two copies thereof with such return. The Assessing Authority shall retain one of the copies and the other copy shall be sent to the Accountant General, Uttarakhand for crediting the amount to the account of the Commercial Tax Department: Provided further that no tax shall be deposited by book transfer where the amount relates to the recovery of tax by way of tax deduction at source under the provisions of Section 35 of the Act. (5) Every dealer liable to any tax period under the provisions of Section 23 shall submit within the prescribed time the revised return duly marked as "Revised Return" and duly signed by the person authorized under this rule to sign the return. (6) Every dealer liable to tax shall, in addition to the periodical returns, submit an annual return of his turnover and every person responsible of Section 35 of the Act shall submit an annual return of payment made and TDS in the manner specified in the table below - \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| Sl. No. \| Class of Dealers or persons \| Submission of annual returns \| Payment of differential amount of tax, interest, composition money, late fee, or TDS if any \| Prescribed form for the annual return \| \| 1 \| Dealers having GTO of more than 50 lakhs. \| Returnshall be filed on or before December 31st in the succeeding assessment year in one of the following ways: - (1) Online on the official website of the department with digital signature of the dealer or the person authorized to sign the return, issued by the certifying authority in accordance with the provisions of Section 35 of the Information Technology Act, 2000. (2) Online on the official website of the department without digital Signature, a duly signed electronically generated hard copy of the return and the "acknowledgement" with the proof of payment or epayment of tax or any other dues. \| e-payment or otherwise before submission of the annual return \| Form-IV (amended) \| \| 2 \| Dealers having GTO up to 50 lakhs. \| Returnshall be filed on or before December 31st in the succeeding assessment year in one of the following ways: - (1) Online on the official website of the department with digital signature of the dealer or the person authorized to sign the return, issued by the certifying authority in accordance with the provisions of Section 35 of the Information Technology Act, 2000. (2) Online on the official website of the department without digital signature, a duly signed electronically generated hard copy of the return and the "acknowledgement" with the proof of payment or e-payment of tax or any other dues. (3) If filed otherwise duly Signed copy of the return and two copies of the "acknowledgement" along with proof of payment or e-payment of tax or any other dues. \| e-payment or otherwise before submission of the annual return \| Form-IV (amended) \| \| 3 \| Dealers who have opted for composition scheme under sub-section (1) of Section 7 of the Act \| Returnshall be filed on or before December 31st in the succeeding assessment year in one of the following ways: - (1) Online on the official website of the department with digital signature of the dealer or the person authorized to sign the return, issued by the certifying authority in accordance with the provisions of Section 35 of the Information Technology Act, 2000. (2) Online on the official website of the department without digital signature, a duly signed electronically generated hard copy of the return and the "acknowledgement" with the proof of payment or e-payment of tax or any other dues. (3) If filed otherwise duly signed copy of the return and two copies of the "acknowledgement" along with proof of payment or e-payment of tax or any other dues. \| e-payment or otherwise before submission of the annual return \| Form-IV(C) (amended) \| \| 4 \| Dealers/ persons carrying on business of transfer of property in goods involved in the execution of works contract \| Returnshall be filed on or before December 31st in the succeeding assessment year in one of the following ways:- (1) Online on the official website of the department with digital signature of the dealer or the person authorized to sign the return, issued by the certifying authority in accordance with the provisions of Section 35 of the Information Technology Act, 2000. (2) Online on the official website of the department without digital signature, a duly signed electronically generated hard copy of the return and the "acknowledgement" with the proof of payment or e-payment of tax or any other dues. (3) If filed otherwise duly signed copy of the return and two copies of the "acknowledgement" along with proof of payment or e-payment of tax or any other dues. \| e-payment or otherwise before submission of the annual return \| Form-IV (B) (amended) \| \| 5 \| Persons responsible for making deduction under the provisions of Section-35 of the ActExplanation-if such person is a registered dealer he in addition to the return prescribed for him in clause (1) ,(2),(3),(4) or clause as the case may be, shall file return in Form-IV(A) (Amended) \| Returnshall be filed on or before December 31st in the succeeding assessment year in one of the following ways: - (1) Online on the official website of the department with digital signature of the dealer or the person authorized to sign the return, issued by the certifying authority in accordance with the provisions of Section 35 of the Information Technology Act, 2000. (2) Online on the official website of the department without digital signature, a duly signed electronically generated hard copy of the return and the "acknowledgement" with the proof of payment or e-payment of tax or any other dues. (3) If filed otherwise duly signed copy of the return and two copies of the "acknowledgement" along with proof of payment or e-payment of tax or any other dues. \| e-payment or otherwise before submission of the annual return \| Form-IV (A) (amended) \| Provided that an annual return filed without furnishing the prescribed details along with supporting documents shall not be accepted; Provided further that, the commissioner may, by a general order, make it mandatory for a class of dealers or persons or for all dealers to file annual return online and to pay due tax, composition money, fee, TDS, interest or any other amount electronically and may also from time to time issue necessary instructions regarding filing of Annual Return. (7) Every dealer shall, for the assessment year, submit to the assessing authority in addition to periodical returns, an annual return of his turnover, amount of differential tax, if any, interest, composition money or fee due from him, in the manner prescribed in sub-rule (6) and the differential amount of tax, fee or other dues complete in all material particulars, as per the provisions of Section 25 of the Act and rule (5) of the Uttarakhand Central Sales Tax Rules, 2006, in the prescribed method including electronic methods, on or before December 31 in the succeeding assessment year. Provided that a dealer who ceases to carry on business during the course of a financial year shall file the final return in Form IV (amended) for the period of his business during the relevant year within 60 days from the date of cessation of business, containing such information, particulars and annexure as may be prescribed, accompanied by supporting documents, including. (a) computation of his own assessment of amount of tax due from him on the basis of such return including claim for input tax credit; (b) such declarations, certificates, and other evidences on which the dealer relies in support of his claim of exemption, concession or rebate of tax declared in the computation of his own assessment of amount of tax due from him; (c) Proof of payment of the additional amount of tax and interest due as per his own computation; (d) Proof of tax if any claimed to have been deducted at source; (e) proof of payment of late fee, if any, and the satisfactory reason for the delay in case such return is not filed within the prescribed time; (f) a true copy of the audit report as required under Section 62 of the Act; and (g) such other particulars, documents and statements as may be prescribed. (8) If annual return is not filed within the time prescribed in sub-rule(1) and the dealer applies for the extension for time, he shall pay late fee in the following manner - \| \| \| \| --- \| --- \| \| SL. No \| Period of delay and amount of the late fees \| \| 1. \| Rs. 200, For a Week or Part thereof till the date of filling of the return. \| Provided that if the annual return is not filed up to 30th June of the succeeding assessment year with late fee, the dealer shall not get the benefit of deemed assessment as per the provisions of sub-section (3) of Section 25. (9) Every dealer shall include the turnover of all the branches of his business in the State of Uttarakhand in the returns submitted for the principal place of business and shall send intimation thereof to each assessing authority concerned. (10) Every return under these rules shall be Signed and verified by the person authorized to Sign the application for registration under sub-rule (1) of rule 7. (11) As per the provisions of Section 25 of the Act selection of dealer/s for security and thereafter selection for assessment, shall be made in the manner as may be prescribed by the Commissioner.] ### 12. Special provisions relating to Casual Dealers. (1) Where the period of business operation of a casual dealer in the State is 60 days or less, he may at his option, submit to the Assessing Authority application for registration in Form I (C) accompanied by satisfactory proof of deposit of fees prescribed under rule 8, along with a declaration in Annexure I indicating the nature of goods, their value and such other relevant particulars of his business which he intends to conduct. (2) Such a casual dealer shall deposit in cash the security as may be fixed by the Assessing Authority after giving such dealer a reasonable opportunity of being heard, and the amount of security shall not exceed the estimated liability to pay tax for one month or such lesser period for which the Casual Dealer is conducting the business. (3) The Assessing Authority shall, after verification of information furnished to it under sub-rule (1) and after the dealer deposits the security under sub-rule (2), allot a registration to such casual dealer and its TIN shall be as per the provisions of sub-rule (9) of Rule 9. (4) The Assessing Authority may, after allotting registration number to such Casual Dealer, issue to him in limited number, as it may deem fit as per the genuine requirement of the dealer, declaration forms for import of goods in the State (5) Such casual dealer shall intimate his gross turnover and taxable turnover of his sales for every week ending on Sunday, to the Assessing Authority within 3 days of the end of the relevant week and also submit proof of having deposited the due tax in the prescribed manner. (6) Such casual dealer shall submit to the Assessing Authority monthly return of his turnover in Form III as per the provisions of Rule 11 and shall also submit proof of having deposited the total tax due less the amount of tax already deposited as per the provisions of sub-rule (5) of this rule. (7) Such casual dealer shall furnish to the Assessing Authority a final declaration of his turnover in Form IV within 7 days of the conclusion of his business, but before leaving the place. The dealer shall also furnish with the return - (a) the proof of having deposited the balance amount of tax, if any ; (b) complete account of declaration forms received and details of purchases made through the declaration forms, and shall surrender the unused declaration forms ; (8) The Assessing Authority shall, after examination of the return furnished to it by such casual dealer under sub-rule (6), the declaration forms and its account, and the accounts maintained by the dealer, including the sale invoices issued, assess him to tax as soon as possible after the receipt of the return. (9) Where the period of business of such casual dealer is spread over more than one financial year, the provisions of these rules shall apply separately for the periods falling in separate financial years. (10) Where such a dealer intends to do business in the State again and the period does not exceed 60 days in the financial year, he shall not be required to deposit fees for registration in the subsequent period if his intended business is covered under the period for which fee has already been deposited: Provided that where the period of business of such a dealer during a financial year exceeds 60 days and he ceases to be a casual dealer, he shall apply for registration as a regular dealer and shall be assessed to tax as a regular dealer for the whole year, but he shall not be required to deposit fees for registration in the subsequent period if fee has already been paid for the period. (11) The Assessing Authority after adjusting any tax due from such casual dealer, refund the balance amount of security to him. ### 13. Determination of Turnover of Sales. (1) The tax shall be levied at the rates prescribed under Section 4 of the Act and shall be computed as per the provisions of Section 3, on the net turnover of sales within the State, deducting from the gross turnover, the sales of goods which have taken place - (a) in the course of inter-State trade or commerce, (b) outside the State of Uttarakhand other than by way of sale, and (c) in the course of export out of the territory of India. (2) The amounts specified below, if included in the gross turnover of sales within the State, shall be deducted for the purpose of computation of net turnover of sales within the State - (a) all amounts allowed as discount, provided that such discount is allowed in accordance with the regular practice of the dealer or is in accordance with the terms of contract or agreement entered into a particular case, and provided also that the accounts show that the purchaser has paid only the sum originally charged, less the discount; (b) subject to the provisions of the Act, all amounts allowed to purchasers in respect of goods returned by them to the dealer within six months from the date of delivery of the goods: Provided that the accounts show the dates on which the goods were sold and returned and also the date on which the amount for which the refund was made or credit was allowed; (c) all amounts for which the dealer sells goods which are not in his stock but which are obtained by him from another dealer specially to accommodate a particular customer and are immediately sold to such customer, provided that the sale is entered in the accounts then and there as an accommodation sale together with the name of the dealer from whom the goods were obtained and the accommodating dealer does not make a profit out of the transaction; (d) all amounts for which goods exempt from tax under any provision of the Act are sold, provided that the terms and conditions, if any, for such exemption are complied with; (e) all amounts for which the dealer sells goods on which the composition money under Section 7 was paid at the time of entry of such goods at the entry check post ; (f) all amounts realized by a dealer on account of the sale of his business as a whole. Explanation: - The net turnover for this purpose shall include purchases liable to tax under the provisions of sub-section (10) of Section 3 of the Act. (3) The turnover relating to the business of transfer of property in goods (whether as goods or in some other form) involved in the execution of works contract shall be determined as per the provisions of Rule 14. (4) The turnover relating to the business of transfer of the right to use any goods for any purpose (whether or not for a specified period), shall be determined as per the provisions of Rule 15. (5) The turnover of Special Category Goods specified in Schedule III of the Act and which are liable to tax at the point of sale by Manufacturer or Importer shall be determined separately and its net turnover shall be computed after deducting from its gross turnover, the turnover in respect of such goods purchased from within the State (6) [ The turnover of a dealer who is neither an importer nor a manufacturer, or who neither imports goods from nor exports goods outside the territory of India, and who has opted for Levy of presumptive tax under the provisions of sub-Section (1) of Section 7 of the Act shall be determined separately and its net turnover shall be computed after deducting from its gross turnover, the turnover in respect of the goods specified in Schedule II-(C) and Schedule III and of the goods specified in schedule (I) on which additional excise duty is leviable under Additional Duties of Excise (Goods of Special Importance) Act, 1957.] [Substituted vide Notification No. 324/XXVII(8) /2008, dated 14-5-2008.] ### 14. Determination of turnover of goods involved in the execution of Works Contracts. (1) The tax under clause (b) of sub-section (5) of Section 4 on the turnover relating to business of transfer of property in goods (whether as goods or in some other form) involved in the execution of a works contract shall be computed on the net turnover relating to works contract. (2) For the purposes of determining the net turnover referred to in sub-rule (1) the following amounts shall be deducted from the total amount received or receivable by a dealer - (a) the amount representing the sale value of the goods covered by Section 3,Section 4 and Section 5 of the Central Sales Tax Act, 1956; (b) the amount representing the value of the goods exempted under any provision of the Act; (c) the amount representing the value of the goods on the sale or purchase where tax has been levied or is livable under the Act at some earlier stage; (d) the amount representing the value of the goods supplied to the contractor by the contractee, but the ownership of such goods remains with the contractee under the terms of the contract; (e) the amount representing the labour charges for the execution of the works contract; (f) all amounts paid to the sub-contractors as the consideration for execution of the works contract, whether wholly or in part: Provided that no deduction under this sub-clause shall be allowed unless the dealer claiming deduction produces proof that the subcontractor is a registered dealer liable to tax under the Act and that such amount is included in the return of turnover filed by such subcontractor under the provisions of the Act; (g) the amount representing the charges for planning, designing and architects fees; (h) the amount representing the charges for obtaining on hire or otherwise machinery and tools used for execution of the works contract; (i) the amount representing the cost of consumables used in the execution of the works contract, the property in which is not transferred in the execution of the contract; (j) the amount representing the cost of establishment and other similar expenses of the contractor to the extent it is relatable to supply of labour and services; (k) the amount representing the profit earned by the contractor to the extent it is relatable to the supply of labour and services. Explanation: - For the purposes of this rule, gross turnover means the aggregate of the amounts received or receivable by a dealer in an assessment year as valuable consideration for the transfer of property in goods used in the execution of a works contract, whether or not the amount receivable as valuable consideration for such transfer is separately shown in the works contract and whether the execution of such works contract commenced during the year or earlier, and includes any advance received by the dealer towards valuable consideration of the works contract. (3) If the contractor does not maintain proper accounts or if he has maintained the account but amount actually incurred towards charges for labour and other services mentioned in sub-rule (2) and profit relating to supply of labour and services or sale price of goods involved in the execution of works contract are not ascertainable, then the State Government may, by notification, determine such deductible amount or the sale value of goods involved in the execution of works contract. ### 15. Determination of turnover relating to the Transfer of Right to use Goods. (1) The tax under clause (a) of sub -Section (5) of Section 4 on the turnover relating to business of transfer of the right to use any goods for any purpose shall be computed on the net turnover. (2) For the purpose of determining the net turnover the following amounts shall be deducted from the total amount received or receivable by dealer - (a) the amount representing the sale value of the goods covered by Sections 3, Section 4 and Section 5 of the Central Sales Tax Act,1956; (b) the amount representing the value of the goods exempted under any of the provisions of the Act; and (c) the amount received as penalty for default in payment or as damages for any loss or damage caused to the goods by the person to whom such transfer was made. Explanation: - For the purposes of this rule, gross turnover means the total amount received or receivable by a dealer in an assessment year as valuable consideration for the transfer of the right to use the goods whether such transfer was agreed to during that assessment year or earlier. ### 16. Determination of Input Tax Credit. (1) Input Tax Credit shall be determined under the provisions of Section 6 of the Act and shall be allowed subject to the conditions prescribed under sub-section (3), sub-section (7), sub-section (8) and sub-section (9) of the said Section. (2) The dealer shall, in respect of purchase of goods other than capital goods, claim Input Tax Credit in the return for a tax period, and for this purpose, shall furnish the details of such goods purchased from registered dealers within the State, with the relevant return in the format of Annexure II of Form III within the time and in the manner prescribed for the purpose under Rule 11. (3) (a) The claim for Input Tax Credit in respect of stock in hand on the date of commencement of the Act or on the date of registration as per sub-section (5) of Section 6 of the Act, shall be submitted by the dealer within 30 days of the relevant date: [Provided further that in respect of stock in hand on 1st October 2005, the dealer may be submit his claim for Input Tax Credit upto [31st March, 2006.] [Provision inserted vide Notification No. 1173/ XXVII (5) /2005 dated 01-10-2005.] ] (b) The dealer claiming Input Tax Credit as per clause (a) above, shall provide - (i) an inventory of all the goods in hand on which Input Tax Credit in being claimed, giving the commodity wise details of such stocks, both in quantity and value, in respect of - (a,a) total stock of goods on the relevant date; (a,b) stock of goods purchased or received from outside the State; (a,c) stock of goods purchased from within the State before one year of the relevant date; (a,d) stock of goods purchased from within the State within one year of the relevant date; and. (ii) the list of commodity wise purchases made from registered dealers within the State as per (a,d) above in respect of which Input Tax Credit is being claimed, giving the details of date of purchase, name, address and registration number of the selling dealer, sale invoice number and date, quantity purchased and its value, tax paid thereon and the total price of the goods purchased and with respect to the particular purchase voucher, also the quantity of stock in hand on the relevant date and its actual or proportionate value, tax amount and total value. (c) The documentary evidence of payment of tax and evidence of the price of goods, must be available and be retained by the dealer for a period of two years, and (d) Input Tax Credit shall be calculated as follows- (i) in respect of goods which were subjected to tax at the single point under the repealed Act, and tax has been charged separately on the bill, Input Tax Credit shall be the amount of such tax or the tax which should have been payable at the rate applicable on the date of commencement of the Act, whichever is lower, (ii) in respect of goods which were subjected to tax at the single point under the repealed Act, and the tax has not been charged the amount that can be claimed for Input Tax Credit shall be 75% of the purchase value and the tax component which may be claimed as credit for this purpose shall be calculated by use of the tax fraction applied to this value. Explanation: - The tax fraction shall be the fraction calculated in accordance with the formula r/(100+ r) where "r" is the rate of tax applicable on the sale of the taxable goods. (4) (a) To claim Input Tax Credit in respect of purchase of Capital Goods, the dealer shall furnish the details of such goods purchased from registered dealers within the State, with the returns for the relevant tax period in the format of Annexure II of Form III within the time and in the manner prescribed for the purpose under Rule 11. (b) The dealer shall, after the end of the financial year, prepare the month wise details of gross amount of purchases of Capital Goods, tax paid and also the calculation of claim of Input Tax Credit in respect of such purchases of Capital Goods during a financial year and shall file the same with the return for the tax period ending on 31st March each year within the time and in the manner prescribed for the purpose under rule 11. (5) The Input Tax Credit shall be claimed as per the provisions of sub-section (6) of Section 6 of the Act. (6) The Input Tax Credit may be claimed by the dealer in the return for the relevant tax period on the basis of intended use of goods for different purposes: Provided that the dealer shall, after the end of the financial year, prepare a statement of the revised calculation of claim of Input Tax Credit in respect of the entire goods used during the financial year on the basis of actual use of goods for different purposes, and shall file the same with the return for the tax period ending on 31st March each year, within the time and in the manner prescribed for the purpose of filing the return under Rule 11, and if any amount of Input Tax Credit claimed on the basis of intended use of goods in the returns for the tax periods is in excess of the amount admitted to be due as per revised calculation on the basis of actual use of goods, the same shall be deposited with the return for the tax period ending 31st March, and if the amount has been paid in excess, the same shall be carried forward to the next financial year. ### 17. Reasons to be recorded. - If in any case the Assessing Authority determines the turnover and Input Tax Credit at the figure different from that shown in the returns submitted, or determines the turnover and Input Tax Credit where all the returns have not been submitted, he shall briefly record the reasons thereof. ### 18. Notice of demand. (1) If the tax assessed is less than the total amount of tax deposited by the dealer, the amount in excess shall be refunded to the dealer by the Assessing Authority in accordance with the provisions of the Act and these rules. (2) If the tax assessed is in excess of the total amount of tax deposited by the dealer, the difference shall be realized from the dealer and the Assessing Authority shall serve on the dealer a notice of demand in Form V, together with a copy of assessment order free of charge: Provided that the notice of demand for payment of penalty shall be served on the dealer in Form V (A) . (3) The dealer shall deposit the tax assessed in excess of tax deposited by him for the tax period or, as the case may be, assessment year, within a period of thirty days after the date of service of the assessment order and demand notice. Chapter V Payment and Recovery of Tax, Etc. ------------------------------------------------ ### 19. Manner of payment. (1) Unless otherwise expressly provided, any amount payable under the Act or the Rules as tax, fee, penalty, interest, composition money, fine, sale proceeds or any other money shall be deposited in any of the following manner along with challan in Form VI in quadruplicate: (a) in cash in any treasury or sub - treasury or State Bank of India or its subsidiary Bank or any Public Sector Bank or any other Bank authorized by Reserve Bank of India and notified by the State Government, authorized to accept deposits under the Act, or (b) by draft drawn in favour of the depositor on such bank, or (c) by cheque either issued by the depositor to self on such bank or drawn in his favour on such bank . (d) by book transfer in case of Government Departments, if so desired; (e) [ By e-payment:] [Clause (e) of sub-rule (1) of Rule 19 inserted vide Notification No. 381/XXVII(8)/2008 dated 18-8-2008] Provided further that no tax shall be deposited by book transfer where the amount relates to the recovery of tax by way of tax deduction at source under the provisions of Section 35 of the Act. Explanation. - Unless it is repugnant with subject or context, for the purposes of this rule and of other rules in this Chapter, "bank" includes its branches also. (2) If the cash amount, cheque or draft tendered for deposit by a person is in order, the bank shall accept and acknowledge it under the signatures of the officer authorized for the purpose and seal of the bank. In the acknowledgement, the amount deposited shall be mentioned in words and in figures both. The bank shall also put the serial number on the challan. (3) The serial number shall be prefixed by alphabets to identify the name of the bank and its branch. (4) The two copies marked "C" and "D" of the challan shall be returned to the depositor who shall submit the copy marked "C" to his Assessing Authority and retain the other copy marked "D" with him. (5) At the end of each day every branch of the bank shall send two copies of the challan marked 'A' and 'B' retained by it to its link branch nominated for the purpose in that district or, as the case may be, circle, duly, stitched separately in the order of the challan number along with copies of the list of such challans. (6) The link branch shall send one copy marked "B" of the challan along with one copy of the list by the working day next following to the Assistant Commissioner of the district or as the case may be, the circle. (7) The link branch of each bank shall send the copies marked 'A' of the challans along with two copies of the list of such challans to the focal point branch of the State Bank of India nominated for the purpose by following working day. The focal point branch shall send the copies marked 'A' of the challan along with one copy of the list to the Treasury Officer by the next working day. (8) (a) In the first week of every month, the Assistant Commissioner shall send to the Officer in charge of the treasury or sub - treasury a statement in Form VII for verification. (b) If any discrepancy is discovered at the time of verification, the Assistant Commissioner shall send necessary records to the treasury or the subtreasury for reconciliation of the accounts. (c) The Assistant Commissioner shall send an intimation regarding the deposit of any amount to the officer or authority concerned to whose office the deposit relates. (9) (a) Any amount payable under the Act or Rules may be paid electronically. For the purpose of e-payment an e-challan in Form-VI (Amended) shall be used. It shall be made available on the website of the Department: [(b) After e-payment a Challan Identification Number (CIN) shall be generated. The CIN shall be mentioned in the appropriate column of the relevant return. (c) The Commissioner may from time to time, issue necessary instructions regarding e-payment] ### 20. Payment of amount wrongly realized by a dealer as tax. - A dealer who has realized any amount referred to in sub-Section (1) of Section 40 of the Act, shall deposit such amount alongwith the return filed under Rule 11. If he is not liable to file the returns, he shall deposit the entire amount within 30 days of the expiry of the relevant quarter. The amount so realized shall be deposited in the manner specified in Rule 19. ### 21. [ Tax Deduction at Source and Allotment of TDAN [Substituted vide Notification No. 557/2010/181(120) /XXVII(8)/2008, dated 31-12-2010.] (1) Every person or dealer, other than a registered dealer, responsible for making tax deduction at source in accordance with the provisions of Section 35, shall apply online or otherwise in Form I(B) (amended) to the assessing authority or any other officer authorised by the Commissioner, for allotment of Tax Deduction Account Number (TDAN). Provided that a person, other than a registered dealer responsible for making deduction at source as per the provisions of Section-35 shall be allowed 30 days time from the date from which such person is first liable to make such deduction, to obtain a TDAN. Provided further that, the person other than a registered dealer, who is responsible for making tax deduction at source as per the provisions of Section 35 and is already deducting the tax at source, shall apply for TDAN within a period of 30 days from the commencement of the above provisions. (2) In case of a department of a State Government or the Central Government; or a Corporation or a Local Body such application shall be made and signed by the person described in sub-rule (1) of rule 7 and accompanied by an authority letter given by the head of the office in the name of the applicant if the application is signed by a person other than the head of the office. (3) If the assessing authority or any other officer authorised by the Commissioner, after examining the application and making such enquiry as he may deem fit, is satisfied that the particulars furnished are correct and complete he shall allot a Tax Deduction Account Number and issue a Certificate to this effect to such person in the prescribed form. (4) Every TDAN certificate, granted under sub-rule (3) shall comprise of such number of numeric or alphanumeric digits as may be determined by the Commissioner. (5) Every dealer or person liable to tax or liable to deduct tax at source under the provisions of Section 35 of the Act, shall submit to the assessing authority periodical returns and annual return in the manner prescribed in rule 11. Provided that a dealer or a person who ceases to carry on business during the course of a financial year, shall file the final return in form IV (A) (amended) for the period of his business during the relevant year within 60 days from the date of cessation of business; (6) [ (a) Every person or dealer having a TDAN or TIN, who is responsible for making tax deduction at source in accordance with provisions of Section 35, shall issue to the dealer or the person from whom tax has been deducted, a certificate in Form VII (amended) for each quarter of the financial year regarding the amount of tax so deducted.] [Sub-rule (9) of Rule 19 inserted vide Notification No. 557/2010/181(120)/XXVII(8)/2008, dated 31-12-2010.] (b) This Form, in duplicate, shall be issued by the Assessing Authority to the dealer/ person who is liable to deduct tax at source. Such dealer/ person shall issue the Original copy to the dealer/ person from whom tax has been deducted. (c) The Assessing Authority on receipt of the Original copy of such certificate, shall treat the amount to have been deposited by the dealer/ person in whose favour the certificate has been issued provided the certificate is complete and the Tax Deduction Account Number (TDAN) of the dealer/ person and the Taxpayer Identification Number (TIN) of the dealer/person from whom deductions have been made, are clearly mentioned in such TDS certificate.] Chapter VI Special Provision For Manufacturing Units --------------------------------------------------------- ### 22. Recognition Certificate. (1) An application for issue of recognition certificate under sub-section (7) of Section 4 shall be made to the Assistant Commissioner in Form IX and it shall be signed and verified in the manner as mentioned in sub-rule (1) of Rule 7. (2) Where a dealer has more than one place of business within the State of Uttarakhand, he shall make a single application in respect of all such places, naming in such application one of such places as the principal place of business, provided that the place so named shall not in any case be different from the place, if any, declared by him to be the principal place of business, under any other provision of the Uttarakhand Value Added Tax Act, 2005 or the Rules made thereunder. The application shall be submitted to the Assistant Commissioner in whose jurisdiction such principal place of business is situated. (3) The fee payable by the dealer for recognition certificates shall be two hundred rupees for the first assessment year or part thereof and one hundred rupees for each subsequent year. (4) If the Assistant Commissioner is satisfied, after making such enquiry as he thinks necessary, that the particulars contained in the application are correct and complete, the fee referred to in sub-rule (3) has been paid by the dealer within the time, he shall grant him a recognition certificate in Form X for use at the principal place of the business and also furnish, free of cost, an attested copy of such certificate for every other place of business within the State, if any. (5) The recognition certificate so granted shall take effect from the date of presentation of the application under sub-rule (1) and shall remain in force for so long as the dealer continues to be eligible for the grant of recognition certificate under the Act and goes on depositing a fee at the rate of rupees one hundred per year in the prescribed manner before the commencement of the assessment year to which the fee relates, failing which the recognition certificate shall cease to remain in force: Provided that if the dealer deposits such fee after the commencement of the assessment year to which the fee relates together with a late fee of one hundred rupees for every month of delay or part thereof, the Assessment Authority may direct that the recognition certificate shall be renewed with effect from the date he deposits the renewal fees: Provided further that the recognition certificate granted to a dealer shall remain in force so long as the dealer continues to be eligible for grant of recognition certificate under the Act, if the dealer deposits an amount of one thousand rupees in lump sum as renewal fee before the renewal of recognition certificate becomes due and the provisions of the preceding proviso shall apply, mutatis mutandis, to such lump sum deposit as it applies to deposit for annual renewal. (6) Every Recognition Certificate in Form X shall bear a serial number in 5 digits which shall be consecutive for all the dealers in a circle according to the entry in the register of dealers in whose favour recognition certificates are issued under this Rule. Each serial number shall be preceded by a 2 digits index mark that may be assigned to that circle by the Commissioner of Commercial Tax. (7) Where the Assistant Commissioner is not satisfied that the particulars contained in the application are correct and complete, or where the fee referred to in sub-rule (3) has not been paid, he shall reject the application for reasons to be recorded in writing: Provided that before the application is rejected, the applicant shall be given a reasonable opportunity of being heard in the matter and, as the case may be, of correcting and completing the said particulars. (8) On the occurrence of any of the events mentioned in sub-clause (i)(a.a) and sub-clause (ii)of clause (c)of sub-section (7) of Section 4, the dealer shall, within fourteen days of such occurrence submit an application to the Assistant Commissioner for cancellation or amendment, as the case may be, of the recognition certificate and shall also simultaneously surrender to the said authority the recognition certificate and all copies thereof held by him. The Assistant Commissioner may thereupon cancel or amend the certificate, as the case may be. (9) The Assistant Commissioner on his own motion, where he is satisfied that any of the events mentioned in clause (c) of sub-section (7) of Section 4, has occurred, may, after giving the dealer a reasonable opportunity of being heard, cancel or amend the recognition certificate, as the case may be. (10) When the Assistant Commissioner cancels or amends the recognition certificate under sub-rule (8) or (9), he shall forthwith publish a notice in that behalf on the notice board of his office, stating therein the name, address and other particulars of dealer whose recognition certificate is cancelled or amended, specify in the order of cancellation or amendment the date from which such cancellation or amendment shall take effect, and shall send a copy of the order to the dealer. Where the certificate is cancelled or amended in accordance with sub-rule (9), the dealer shall, within fifteen days from the date of the receipt by him of the copy of the order of cancellation or amendment, surrender to the Assistant Commissioner all copies of the recognition certificate held by him. (11) If a recognition certificate is lost, destroyed or defaced, the dealer shall forthwith inform the Assistant Commissioner about such loss, destruction or defacement and may apply for issue of a duplicate copy thereof. The fee for issue of a duplicate copy of the recognition certificate shall be Rs. 50. On receipt of such an application duly accompanied by the satisfactory proof of deposit of the fees, the Assistant Commissioner may, if satisfied that the certificate has been lost, destroyed or defaced, issue a duplicate copy thereof. ### 23. Issue and submission of Declaration Forms to purchase goods. (1) Where a dealer holding a recognition certificate purchases any goods referred to in clause (a) of sub-section (7) of Section 4, for use as Capital goods and raw material for the purpose of manufacture of any goods, he shall, if he wishes to avail of the concession referred to therein, furnish to the selling dealer a declaration in Form XI (hereinafter called a ""Declaration Form") (2) A dealer holding a recognition certificate who wishes to avail of the concession referred to in clause (a) of sub-section (7) of Section 4, shall apply to the Assessing Authority within whose jurisdiction his principal place of business is situated for the issue of blank declaration forms. No blank declaration form shall be issued by the Assessing Authority except on payment of the fee by the dealer at the rate of rupees five per form. The application shall be signed by one of the persons mentioned in sub-rule (1) of Rule 7. (3) If the [Assessing Authority] [Substituted for the words 'Assistant Commissioner' vide Notification No. 81/2010 /181 (120) /XXVII(8)/2008, dated 22-01-2010.] is satisfied that the demand of the dealer for blank declaration forms referred in sub-rule (2) is genuine and reasonable, he may issue such number of forms as he deems fit. If the fee paid is more than the fee payable for the number of forms issued, the balance shall be kept in the account of the dealer to be adjusted against future issue of forms to the dealer. A form issued by the [Assessing Authority] [Substituted for the words 'Assistant Commissioner' vide Notification No. 81/2010 /181 (120) /XXVII(8)/2008, dated 22-01-2010.] in a financial year shall be valid for the transactions of purchase or sale made during that financial year as also made during two financial years immediately preceding that financial year: Provided that the form issued by the [Assessing Authority] [Substituted for the words 'Assistant Commissioner' vide Notification No. 81/2010 /181 (120) /XXVII(8)/2008, dated 22-01-2010.] before or within six months of the commencement of the Uttarakhand Value Added Tax Act, 2005 shall also be valid for transactions of purchase or sale made before such commencement (4) Before furnishing a declaration form to the selling dealer, the purchasing dealer or one of the persons mentioned in sub-rule (1) of Rule 7 shall fill in all the required particulars and shall sign it. Thereafter the counterfoil of the form shall be retained by the purchasing dealer and the other two portions marked "Original" and "Duplicate" shall be made over by him to the selling dealer: [Provided that no single form shall cover the transactions of purchase or sale, of more than one assessment year and of value more than rupees five lakhs.] [Substituted vide Notification No. 324 /XXVII(8) /2008, dated 14-5-2008.] Provided further that a single form may cover transactions of more than Rs. 5 Lakhs in one Assessment Year, if - [(a) purchasing dealer submits dealer-wise list of total purchases with his application, (b) the Assessing Officer is satisfied that the dealer has submitted all the returns and has submitted the proof of deposit of tax due, and (c) while issuing the form the Assessing Officer shall mark the relevant Assessment Year, name of the seller and amount covered with red ink on the form.] (5) A registered dealer who claims to have made sale to dealer holding a recognition certificate shall, in respect of such claim, furnish to the Assessing Authority the portion marked "Original" of the declaration form received by him from the purchasing dealer, upto the time prescribed in sub-rule (7) of Rule 11. The Assessing Authority may, in its discretion, require the selling dealer to produce for inspection the portion of the declaration form marked "Duplicate": Provided that if the Assessing Authority is satisfied that the dealer concerned was prevented by sufficient cause from furnishing such certificate within the aforesaid time, that authority may allow such certificate to be furnished within three months after the aforesaid time, on the application of dealer describing the circumstances and details of transactions made by him. (6) (a) No purchasing dealer holding a recognition certificate shall issue any declaration except in a declaration form obtained by him from the [Assessing Authority] [Substituted for the words 'Assistant Commissioner' vide Notification No. 81/2010 /181 (120) /XXVII(8)/2008, dated 22-01-2010.] of the circle in which he is registered and not declared obsolete or invalid under the provisions of sub-rule (13) (b) No selling dealer shall accept any declaration from the purchasing dealer unless it is furnished in a declaration form duly obtained by such purchasing dealer from the [Assessing Authority] [Substituted for the words 'Assistant Commissioner' vide Notification No. 81/2010 /181 (120) /XXVII(8)/2008, dated 22-01-2010.] of the circle in which he is registered, provided that such form has not been declared obsolete or invalid under the provisions of sub-rule (13) (7) Every declaration form obtained under sub-rule (2) by a dealer holding a recognition certificate shall be kept by him in safe custody and he shall be personally responsible for the loss, destruction or theft of any such forms or the loss of Government revenue, if any, directly or indirectly from such theft or loss. (8) Every registered dealer to whom any declaration form is issued under sub-rule (2), shall maintain in a register in Form XII a true and complete account of each such form. If any such form is lost, destroyed or stolen, the dealer shall report the facts to the [Assessing Authority] [Substituted for the words 'Assistant Commissioner' vide Notification No. 81/2010 /181 (120) /XXVII(8)/2008, dated 22-01-2010.] immediately, make appropriate entries in the remarks column of the register in Form XII, and take such other steps to issue public notice of the loss, destruction or theft, as the [Assessing Authority] [Substituted for the words 'Assistant Commissioner' vide Notification No. 81/2010 /181 (120) /XXVII(8)/2008, dated 22-01-2010.] may direct. (9) Any unused declaration forms remaining in stock with a registered dealer on the cancellation of his recognition certificate shall be surrendered to the Assistant Commissioner within on month of such cancellation. (10) No registered dealer to whom a declaration form has been issued shall transfer the same to any person except for the lawful purpose of sub-rule (1). (11) A declaration form in respect of which a report has been received by the [Assessing Authority] [Substituted for the words 'Assistant Commissioner' vide Notification No. 81/2010 /181 (120) /XXVII(8)/2008, dated 22-01-2010.] under sub-rule (8) shall not be valid for the purpose of sub-rule (1). (12) The Commissioner shall from time to time, circulate the particulars of the dealer and the declaration forms in respect of which a report has been received under sub-rule (8). (13) The Commissioner may, by notification, declare that declaration form of the particular series, design or colour shall be deemed as obsolete and invalid w.e.f. such date as may be specified in the notification. (14) When notification declaring forms of particular series design or colour as obsolete or invalid is published under sub-rule (13), all registered dealers shall, surrender to the [Assessing Authority] [Substituted for the words 'Assistant Commissioner' vide Notification No. 81/2010 /181 (120) /XXVII(8)/2008, dated 22-01-2010.] all unused forms of that series, design or colour which may be in their possession and obtain in exchange such new forms as may be substituted for the forms declared obsolete and invalid: Provided that new forms shall not be issued to dealer until he has rendered account of the forms previously issued to him and has returned the balance, if any to the [Assessing Authority] [Substituted for the words 'Assistant Commissioner' vide Notification No. 81/2010 /181 (120) /XXVII(8)/2008, dated 22-01-2010.] (15) When a duly competed declaration form, issued by the purchasing dealer to the selling dealer is lost in transit or by the selling dealer, the purchasing dealer shall, on demand from the selling dealer issue a duplicate declaration form to such selling dealer. The duplicate form shall be issued to the selling dealer in the same manner as the certificate originally issued: Provided that the purchasing dealer, who issues any duplicate declaration form to the selling dealer, shall give the following declaration in red ink, duly signed by him across the page on each of the three portions of the declaration form: "I hereby declare that this is the duplicate of the declaration form no. \_\_\_\_\_\_\_signed on \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_and issued to M/s\_\_\_\_\_\_\_\_\_\_\_\_\_\_who is a registered dealer of \_\_\_\_\_\_\_\_\_circle and whose recognition certificate under sub-section (7) of Section 4 is numbered \_\_\_\_\_\_\_\_\_\_\_and is valid from\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_." (16) If any minor omission or mistake is found in a declaration form filed under sub-rule (5). it shall be returned to the selling dealer, who shall be given an opportunity of having the omission or mistake rectified by the purchasing dealer and of re-submitting the same within the period allowed by the [Assessing Authority] [Substituted for the words 'Assistant Commissioner' vide Notification No. 81/2010 /181 (120) /XXVII(8)/2008, dated 22-01-2010.] provided that the limitation for passing the assessment order in the case does not thereby expire. (17) The Assessing Authority shall maintain account in respect of declaration forms received and issued by him in Form XIII, individual dealer's ledger in Form XIV and in respect of surrendered forms in Form XV. (18) The Commissioner may authorize the class of the assesses who will be allowed to download Form-XI prescribed under sub-rule (1) of this Rule from the department website. [(19) For the purpose of sub-rule (18) the Commissioner shall prescribe the series and serial nos. of Form XI which may be downloaded. Downloading of Form shall be permissible only for the invoices which are uploaded along with return in the prescribed Form 17 (XI). (20) The declaration forms for purchase of raw material (Form-XI) downloaded as per sub-rule (19) shall be signed by the assessed himself or in case of firm, company etc. by the signatory authorized for this purpose and the specimen signature shall be furnished to the Commissioner and the assessing authority. (21) All other provisions of this Rule shall also apply to the downloaded Declaration Forms for the purchase of raw material from registered dealers as they apply to the Declaration Form (Form-XI) received from the officer of the assessing authority.] [Sub-rule 18, 19, 20 & 21 of rule 23 inserted vide Notification No. 81/2010 /181 (120) /XXVII(8)/2008, dated 22-01-2010.] ### 24. Grant of Eligibility Certificate. - The application for grant of Eligibility Certificate by a new unit or a unit which has undertaken expansion, diversification, backward integration or modernization shall be governed by the relevant provisions of the repealed Act and the rules made and notifications issued thereunder. ### 25. Grant of Moratorium for Payment of Tax. - Where a manufacturer has been granted an Eligibility Certificate under Rule 24 the Commissioner or any other officer so authorized by him for the purpose, may, on the application of such manufacturer, grant moratorium for payment of tax admittedly payable by him on sale of goods manufactured by him, subject to the conditions and restrictions under the provisions of Section 76 of the Act and the conditions as the State Government may, by notification in the Gazette, prescribe. Chapter VII Establishment of Check Posts and Inspection of Goods in Transit -------------------------------------------------------------------------------- ### 26. Establishment of Check Posts. (1) The State Government may, by notification in the Gazette, direct under Section 47, the establishment of check posts and barriers at such places within the State as may be specified in the notification. (2) When a check post is set upon a thoroughfare or a road, barriers may be erected across the road or thoroughfare in the form of a contrivance to enable vehicles being intercepted, detained or searched. (3) (a) The owner, driver or any other person-in-charge of the vehicle shall, in respect of such goods carried in the vehicle as notified or referred to in sub-Section(1) of Section 48 and as exceed the quantity, measure or value specified in the notification therein, carry with him the following documents - (i) Form of Declaration for Import in Form XVI or Certificate for Import in Form XVII hereinafter in the rules in this chapter referred to as declaration or certificate, as the case may be, in duplicate; (ii) sale invoice, bill or challan , (iii) authorization for transfer of goods /goods challan hereinafter referred to as trip sheet in triplicate, (b) The owner, driver or any other person in charge of the vehicle shall in respect of all other goods carried in such vehicle carry with him a trip sheet in triplicate, (4) (a) The owner, driver or any other person in charge of the vehicle shall produce the documents mentioned in sub-rule (3) before the officer in charge of the check post or barrier or before any other officer not below the rank of an Assessing Authority on demand. (b) At the first check post or barrier after his entry into the State the owner, driver or any other person in charge of the vehicle, as the case may be, shall give the original and duplicate copies each of the declaration or certificate and original, duplicate and triplicate copies of the trip sheet to the officer in charge of the said check post or barrier who will after satisfying himself about their completeness and correctness, sign and stamp them with his official seal and return the duplicate copy of the declaration or certificate and the triplicate copy of the trip sheet after endorsing thereon, for the copy received, a receipt duly dated mentioning time and place. (5) (a) A declaration or a certificate - (i) in respect of which a report has been made under sub-rule (9) of Rule 30 or sub-rule (8) of Rule 31, or (ii) which is declared as obsolete and invalid by the Commissioner of Commercial Tax under sub-rule (13) of Rule 30 or sub-rule (10) of Rule 31 shall not be valid with effect from the date of the report or the date from which it is so declared as the case may be, for the purposes of sub-rule (4), (b) A certificate whose period of validity as specified in sub -rule (4) of rule 31 has expired shall not be valid for the purposes of sub-rule (4), (6) The owner of the truck or the transport agency, forwarding agency or clearing agents, as the case may be, shall deliver to the consignee, while delivering the consigned goods, the duplicate copy of the declaration or certificate, as the case may be. (7) The trip sheet referred to in sub-rule (3) shall be in Form XVIII and shall contain details in respect of all the goods referred to in clauses (a) and (b) of sub-rule (3) being carried by a vehicle. Separate trip sheets shall be submitted for goods meant for different destinations. (8) The reference to certificate, wherever made in this rule, shall be subject to the provisions of Rule 31. ### 27. Inspection of Goods in Transit. (1) At every check post or barrier or at any other place when so required by the officer in charge of the check post or by an officer empowered under Section 42 or Section 43 or Rule 4, the owner, driver or any other person in charge of the vehicle, as the case may be, shall stop the vehicle and keep it stationary for as long as may be required by such officer. He shall also allow such officer to examine the contents of the vehicle and to inspect all documents and records relating to the goods carried, which may be in his possession or in the possession of any other person in the vehicle. (2) The owner, driver or any other person in charge of the vehicle, as the case be, shall, if so required by the officer referred to in sub-rule (1) give him his name and complete address, the name and complete address of the owner of the vehicle and the name and complete address of the owner of the goods if he is not present in the vehicle. (3) If on such examination the officer finds or has reason to believe that - (a) any one or more consignments are not covered by one or more documents referred to in sub-rule (3) of Rule 26 or; (b) any such documents in respect of any consignment is false, bogus , incorrect, incomplete or invalid, the officer shall immediately issue a notice to the driver or person in charge of the vehicle to show cause why the goods should not be seized. (4) The officer, if he is satisfied as to the reason or reasons for the omission or defect, as the case may be, may vacate the notice after recording his findings thereof. (5) If the officer is not satisfied with the explanation furnished by the owner, driver or the person in charge of the vehicle, he shall order the seizure of the goods and furnish a receipt to the person aforesaid in respect of the goods seized. ### 28. Transit of goods by Road through the State. (1) The driver or person in charge of a vehicle coming from any place outside the State bound for any other place outside the State shall present the trip sheet in triplicate to the officer in charge of the check post or barrier, if any, established near the point of entry into the State hereinafter referred to as entry check post. (2) The officer in charge of the entry check post shall after examining the documents and after making such enquiries as he deems necessary specify on all the copies of the trip sheet, the check post or the barrier (hereinafter referred to as the Exit Check Post) of the State to be crossed by the vehicle and the time and date upto which it should be so crossed and deliver two copies of the trip sheet to the driver or person in charge of the vehicle retaining one copy himself. (3) The driver or person in charge of the vehicle shall stop his vehicle at such Exit Check Post surrender one copy of the trip sheet and allow the officer in charge of the check post to inspect documents, consignments and goods in order to ensure that the consignments being taken out of the State are the same as mentioned in the trip sheet. The officer in charge of the exit Check Post shall issue a receipt on the other copy of the trip sheet surrendered by such driver or person in charge of the vehicle. (4) The officer in charge of the exit check post shall have the power to detain, unload and search the contents of the vehicle for the purpose mentioned in sub-rule (3) ### 29. [ Import or Receipt of Goods by Post, Rail, River or Air. [Substituted by Notification No. 181/2016/181(120) /27(8)/2008, dated 29.2.2016 (w.e.f 11.11.2005)] (1) A registered dealer or a person other than a registered dealer desirous a (sic of) importing or receiving into the State (from any place outside the State), by post, rail, river or air, goods notified under (or referred to in) sub-section (1) of Section 48 in excess of the quantity, measure or value specified thereunder, shall submit for endorsement the original and duplicate portions of the declaration or, as the case may be, certificate duly filled in and signed by him, to the Assessing Authority within whose territorial jurisdiction he carries on business or, if he does not carry on business he ordinarily resides: Provided that Commissioner may by notification prescribe the manner in which e-declaration/e-Form XVI shall be used.] [Provision inserted vide Notification No. 81/2010/181(120) /XXVII(8)/2008, dated 22-01-2010.] ### 30. Issue and Submission of Declaration Forms for Import. (1) A registered dealer desirous of importing or receiving into State from any place outside the State goods notified under or referred to in sub-Section (1) of Section 48 in excess of the quantity, measure or value specified thereunder shall send to the selling dealer or consignor of the other State two copies of the declaration in Form XVI, obtained by him under sub-rule (4). (2) The registered dealer shall apply to the Assessing Authority, having jurisdiction over his principal place of business, for the issue of blank declaration forms. (3) [ No blank declaration forms shall be issued by the assessing authority except on payment of a fee of Rupees Five per form. The application shall be signed by one of the persons mentioned in sub-rule (1) of Rule 7 or a person duly authorised under Rule 50: Provided that notwithstanding anything contained in this rule, no fee shall be payable for the electronic issuance or generation/downloading of declaration forms for import.] [Substituted by Notification No. 181/2016/181(120) /27(8)/2008, dated 29.2.2016 (w.e.f 11.11.2005)] (4) If the Assessing Authority is satisfied that the demand of the dealer for blank declaration form is genuine and reasonable, he may issue such number of forms as he deems fit. No declaration form shall be issued unless the dealer has rendered an account of all such forms obtained earlier. (5) If the fee paid is more than fee payable for the forms issued, balance shall remain to the credit of the dealer to be adjusted against future issues of the forms to him. (6) The registered dealer shall send the original and duplicate portions of the form to the selling dealer or consignor of other State after filling in all the required particulars and signing it. He shall retain the counterfoil himself. (7) Every declaration form obtained under sub-rule (4) shall be kept by the registered dealer in safe custody. He shall be personally liable for the loss, destruction or theft of any such form and the loss of Government revenue, if any, resulting directly or indirectly from such loss, destruction or theft. (8) No registered dealer to whom a declaration form has been issued shall transfer the same to another person except for the lawful purpose of sub-rule (1) (9) Every registered dealer to whom a declaration form is issued under sub-rule (4) shall maintain in a register in Form XII a true and complete account of every such form. If any form is lost, destroyed or stolen, the dealer shall forthwith report the fact to the Assessing Authority, make appropriate entries in the aforesaid register and take steps to issue proper public notice of such loss, destruction or theft. (10) The registered dealer shall forthwith surrender all unused declaration forms remaining in stock with him at the time of discontinuance of his business or on the cancellation or expiry of the period of validity of his registration certificate, as the case may be. (11) Where a duly completed declaration form, issued by the purchasing dealer or consignee to the selling dealer or consignor, is lost in transit or by the selling dealer or consignor, the purchasing dealer or consignee shall, on demand by such selling dealer or consignor, issue duplicate declaration form to him in the same manner as the declaration form originally issued: Provided that before issuing it, the purchasing dealer or consignee shall give the following declaration in red ink, duly signed by him, on each of the three portions of such duplicate declaration form: "I hereby declare that this is the duplicate of the declaration form No.---------------------------------------------Signed on---------------------------------------- and issued to M/s----------------------------in respect of ------------------------- (description of goods) valuing at Rs.---------------------------- Signature--------------- (12) The Commissioner of Commercial Tax shall from time to time circulate the particulars of the declaration forms in respect of which a report is received under sub-rule (9). (13) The Commissioner of Commercial Tax may, by notification, declare that declaration forms of a particular series, design or colour shall be deemed obsolete and invalid, with effect from such date as may be specified in the notification, and may in their place substitute new forms of fresh series, design or colour. (14) Where a notification is issued under sub-rule (13), all registered dealers shall, surrender to the Assessing Authority all unused forms declared obsolete and invalid which may be in their possession and obtain in exchange such new forms as may be substituted in place thereof: Provided that new forms shall not be issued to a dealer until he has rendered account of the forms previously issued to him and until he has returned the balance, if any, to the Assessing Authority. (15) No registered dealer shall issue any declaration except in a declaration form obtained by him from the Assessing Authority having jurisdiction over his principal place of business and not declared obsolete or invalid under the provisions of sub-rule (13). (16) The Assessing Authority shall maintain account in respect of declaration forms received or issued by him in Form XIII, individual dealer's ledger in form XIV and in respect of surrendered forms in Form XV. (17) The Commissioner, Commercial Tax shall authorize the class of the assesses who will be allowed to download themselves and use Form XVI prescribed under sub-rule (1) of Rule 30 of the VAT rules. [(18) For the purpose of sub-rule (17) the Commissioner, Commercial Tax shall authorize and prescribe the series and serial Nos. of Form XVI which can be downloaded. (19) The declaration forms for import (Form-XVI) downloaded as per sub-rule (18) shall be signed by the assesses himself or in case of firm, Company etc. by the signatory authorized for this purpose and the specimen signature shall be furnished to the Commissioner, Commercial Tax and the Assessing Authority. (20) All other provisions of Rule 30 shall apply also to the downloaded Declaration Form for Import as they apply to the Declaration Form for Import received from the office of the Assessing Authority.] [Sub-rule (17) to Sub-rule (20) of the rule (30) are inserted vide Notification No. 81/120/181(120)/XXVII(8)/2008, dated 22-01-2010.] (21) [ Where e-declaration/e-Form XVI is used, Commissioner may by notification prescribe the manner in which e-declaration/e-Form XVI shall be used.] [Added by Notification No. 181/2016/181(120) /27(8)/2008, dated 29.2.2016 (w.e.f 11.11.2005)] ### 31. Issue and Submission of Certificate for Import. (1) A person other than a registered dealer, who wishes to import or receive into the State from any place outside the State goods notified under or referred to in sub-section (1) of Section 48 in excess of the quantity, measure or value specified thereunder, may obtain a certificate in Form XVII from the Assessing Authority in accordance with the provisions of this Rule and send to the selling dealer or consignor of the other State its original and duplicate copies. (2) The application for a certificate shall be in Form XIX and shall be submitted to the Assessing Authority within whose jurisdiction the applicant carries on business or, if he does not carry on business, resides. Separate application shall be submitted for each consignment, (3) No certificate shall be issued except on payment of a fee of rupees five per certificate. (4) If the Assessing Authority is satisfied that the request for the certificate is genuine and reasonable, he may issue it, otherwise he may reject the application after giving the applicant an opportunity of being heard. The certificate issued shall be valid for a period of one month from the date of issue, (5) An account in respect of certificate issued shall be maintained by the assessing authority in Form XX. (6) No certificate obtained under sub-rule (4) shall be transferred except for the lawful purpose mentioned in sub-rule (1) (7) The applicant shall keep the certificate in safe custody. He shall be personally liable for its loss, destruction or theft and also for the loss of Government revenue, if any, resulting directly or indirectly from such loss, destruction or theft. (8) If any certificate is lost, destroyed or stolen, the person who has obtained it, shall forthwith report the fact to the Assessing Authority and shall take immediate steps to issue proper public notice of such loss, destruction or theft. (9) All unused certificates shall be returned to the Assessing Authority, who shall maintain its account in Form XXI. (10) The Commissioner of Commercial Tax may, by notification, declare that the certificate of a particular series, design or colour shall be deemed obsolete and invalid with affect from such date as may be specified in the notification and may in their place substitute new forms of fresh series, design or colour. ### 32. Transport of goods within the State. - Every registered dealer making a sale to any person or a dealer shall provide first copy of the Sale Invoice to the dealer or, as the case may be, any other person taking delivery of the goods and it shall be carried alongwith the goods. Where the goods mentioned in a Sale Invoice are carried in more than one vehicle, the dealer shall issue a Challan giving details of goods in each vehicle and enclose therewith a copy of relevant Sale Invoice duly authenticated by him. ### 33. Sale of Seized Goods. - Where any seized goods are ordered to be sold the same shall be sold by auction in accordance with the following procedure: - (a) The goods shall be auctioned by a committee consisting of the following - (i) Deputy Commissioner nominated by the Chairman Joint Commissioner of the region (ii) Assistant Commissioner nominated by the Member Joint Commissioner of the region (iii) The officer seizing the goods or the Assessing Ex-officio Member Authority authorised to cause the goods to be sold under sub-section (10) of Section 43 of the Act; (b) The Ex-officio member shall send a requisition for auction to the chairman of the Committee. The requisition shall contain full description of the goods to be auctioned and also the date, time and place of auction. At least seven days notice shall be given for the auction. The Chairman shall advertise the auction either by publication in atleast two newspapers of wide circulation in that area or by beating of drums. The notice of auction shall also be prominently displayed at the place of auction; (c) The Committee shall determine a minimum price of the goods to be auctioned; (d) The goods to be auctioned may be placed in one or more lots. The conditions of the auction shall be as under: (i) The persons who have deposited an earnest money equal to five percent of the minimum price, shall be entitled to bid in the auction; (ii) The goods shall be auctioned on the principle of "as is where is"; (iii) The Committee shall have the right to accept provisionally or not to accept any bid. It may, in case of goods subject to speedy and natural decay, for the reasons to be recorded in writing, accept a bid even at a price lower than the minimum price fixed by the Chairman. The final acceptance of any bid shall be subject to the approval of the Joint Commissioner of the region. (iv) The auction purchaser shall have to deposit twenty percent of the auction money immediately after the acceptance of the bid provisionally by the Committee. The remaining amount of auction money shall be deposited at the time of delivery of the goods. The delivery of goods shall be made only after final acceptance of the bid by the Joint Commissioner of the region. (v) If the auction purchaser fails to deposit twenty percent of the auction money immediately after the acceptance of bid provisionally by the Committee, it shall automatically stand cancelled and the earnest money of such auction purchaser shall stand forfeited. (vi) If the bid is not finally accepted by the Joint Commissioner of the region the amount deposited by the auction purchaser including earnest money shall be refunded to him. (vii) If the auction purchaser fails to take delivery of the goods within a week of receipt of information about final acceptance of the bid, it shall stand cancelled. In such an event the earnest money deposited by the auction purchaser shall stand forfeited. The expenses incurred on the auction shall be deducted from the twenty percent bid money deposited by the auction purchaser and balance amount of bid money, if any, shall be refunded to the auction purchaser within three months from the date of auction. (viii) The earnest money deposited by other bidders shall be refunded to them within three working days of the date of auction. (ix) The auction purchaser shall have to deposit tax on the price, in addition to the bid money. (x) In case the bid is not finally accepted by the Joint Commissioner of the region or is cancelled because the successful bidder fails to deposit the bid money or fails to take delivery of the auctioned goods within the specified time the goods shall be reauctioned in accordance with the procedure specified in this Rule. (xi) If the seizure or penalty order is quashed by the competent authority at any time after the proceedings for auction have started but have not been completed, the goods shall be returned to the owner or to the person from whom the goods were seized. If the auction has been completed the amount received from the auction shall be paid to such person after deducting the expenses incurred on the auction. (xii) The amount received from the auction shall be adjusted towards any tax or penalty assessed or imposed after deducting the expenses incurred on the auction. The excess amount, if any, shall be paid to the owner, or the transporter of the goods or the person from whom the goods were seized. (xiii) The amount adjusted towards any tax or penalty shall be deposited in the treasury in the name of the dealer, or, as the case may be, transporter or the person from whom the goods were seized, and the certificate of deposit shall be sent to the ex-officio member. Chapter VIII Appeal and Revision ------------------------------------- ### 34. Appellate Authorities. (1) An appeal under Section 51 shall lie to - (a) the Additional Commissioner (Appeals) in case the order appealed against has been passed by a Joint commissioner (Assessment); and (b) the Joint Commissioner (Appeals) in all other cases. Explanation: - The expression "Appeal" for the purpose of this Chapter includes an application by the Commissioner under sub-Section (3) of Section 51 of the Act. (2) An appeal under Section 53 shall lie to the Tribunal. ### 35. Memorandum of Appeal. (1) Every appeal shall be presented in the from of a memorandum, written on watermark or any other stout paper. (2) The memorandum of appeal shall specify the name and complete address of the appellant, and shall set forth precisely and under distinct heads the grounds of objection and the relief prayed for and shall be signed by the appellant or his lawyer or his duly authorized agent and verified in the from given below: - (i) "I............the appellant / on behalf of the appellant, do hereby declare that the contents of this memorandum are true to the best of my knowledge and belief." (ii) "I............the appellant / on behalf of the appellant do hereby further declare that the appeal is being filed for the first time and it has not been filed before": Provided that in case of an Application by the Commissioner under Section 51 or an Appeal by Commissioner under Section 53, the memorandum of appeal shall be signed by the Commissioner or any other officer authorized by him for this purpose, and may be verified by the Departmental Representative or, as the case may be, by the State Representative. (3) The memorandum of appeal under Section 51 shall be accompanied by a certified copy of the order appealed against and two true copies each thereof. The original copy of the memorandum and the certified copy of the order as aforesaid shall be retained by the Appellate Authority, and one copy each thereof shall be served on the Assessing Authority concerned and the Departmental Representative by the said authority. (4) The memorandum of appeal shall be accompanied with proof of payment of the fee payable under the Act, and in the case of an appeal under Section 51, also with a challan or a certificate of the Assessing Authority concerned showing deposit of the tax or fee in accordance with sub-section (4) of Section 51. (5) The memorandum of appeal under Section 53 shall be accompanied with a certified copy of the order appealed against and three true copies each thereof. The original of the memorandum and the certified copy of the order aforesaid shall be retained by the Tribunal and one copy each thereof shall be served on the Assessing Authority and the State Representative and in case of appeal filed by the Commissioner a copy shall be served on the opposite party. ### 36. Presentation of Memorandum of Appeal. (1) The memorandum of appeal shall either be presented to the Appellate Authority or the Tribunal, as the case may be, by the appellant, his lawyer or his duly authorized agent, or be sent to such authority by registered post. A memorandum of appeal sent by ordinary post shall not be entertained. (2) If the memorandum of appeal is presented by the lawyer or an authorized agent, the vakalatnama or the power of attorney, as the case may be, shall also be enclosed therewith. (3) On receipt of the memorandum of appeal, the munsarim shall enter it in a register kept for the purpose, shall endorse on the memorandum the date of its presentation, examine it and record a report whether it has been presented within limitation in accordance with the prescribed procedure and is in order, and place it before the Appellate Authority or the Tribunal, as the case may be, for admission. If the memorandum of appeal is in order, it shall be admitted by the Appellate Authority or, as the case may be, by the Tribunal, unless it decides to dismiss it under Section 53. (4) If the memorandum of appeal is not in order or is not presented according to the prescribed procedure, it shall be rejected. (5) If the memorandum of appeal is received by registered post, the date of its receipt by the Appellate Authority or the Tribunal, as the case may be, shall be deemed to be the date of its presentation. (6) The provisions of these rules shall mutatis mutandis apply to any other application moved by or on behalf of the parties. (7) The Commissioner or any other officer authorized by him for this purpose may empower - (i) [ any officer not below the rank of Commercial Tax Officer, to perform the functions of Departmental Representative before the Joint Commissioner (Appeal); or] [Substituted vide Notification No. 324/XXVII(8) /2008, dated 14-5-2008.] (ii) any officer not below the rank of Assistant Commissioner to perform the functions of Departmental Representative before the Additional Commissioner (Appeal);or (iii) any officer not below the rank of Assistant Commissioner to perform the functions of State Representative before the Appellate Tribunal . (8) In proceedings before the Appellate Authority or the Appellate Tribunal the Departmental Representative or the State Representative shall be competent to - (i) prepare and sign applications and other documents ; (ii) appear, represent , act and plead ; (iii) receive notices and other processes, and (iv) do all other acts connected with such proceedings on behalf of the Commissioner. ### 37. Disposal of Appeal. (1) The appeal shall be heard on the date to be fixed by the Appellate Authority or, as the case may be, the Tribunal. (2) The Appellate Authority or, as the case may be, the Tribunal shall cause a notice on the date fixed under sub-rule (1) to be served well in time on the parties to the appeal at the addresses mentioned in the memorandum of appeal, or on their lawyer or authorized agent. (3) The notice of cases fixed for hearing in a week shall be fixed on the notice board of the Appellate Authority or, as the case may be, the Tribunal on the last working day of the preceding week. (4) On the date of hearing, if all the relevant records of appeal have been received the parties present shall be given reasonable opportunity of being heard and the Appellate Authority or, as the case may be, the Tribunal may, after examining all the relevant records, decide the appeal: Provided that if, despite proper service of the notice either party is not present the appeal may be heard and decided ex-parte. (5) Any applicant or opposite party shall be entitled to have his case argued before the Appellate Authority or the Tribunal by a lawyer or an accountant or, as the case may be, the State Representative. (6) Cross appeals arising out of the same case, admitted by the Tribunal, shall, as far as possible, be heard together. (7) The judgement in appeal shall be in writing and shall state - (a) the points for determination ; (b) the decision thereon; and (c) the reasons for such decision. (8) The appeal filed under Section 51, other than those covered under sub-section (2) of the said Section, shall, as far as practicable, be disposed of within one year of the date of entertainment of the appeal. (9) Copy of every order under Section 51 or Section 53 shall be delivered to or served on the parties concerned free of charge. Copies of such order other than the first copy shall be given to the parties concerned on application and on furnishing copying folio of the value of two rupees. (10) The provisions of Rule 47 and Rule 48 shall, mutatis mutandis apply to service of notice, summons, order etc, under this Rule: Provided that service of any order passed by the Appellate Authority on the Assessing Authority or the service of any order passed by the Appellate Tribunal on the State Representative shall be deemed to be service on the Commissioner. ### 38. Summary Disposal of Appeal. - Where an appeal has been admitted by the Appellate Authority or the Appellate Tribunal, and the appellant has requested in writing for summary disposal of his appeal under the provisions of sub-Section (2) of Section 51 or, as the case may be sub-Section (2) of Section 53 the appeal shall be taken up for hearing as early as practicable and the same shall normally be decided within forty five days of its admission, but after the expiry of the period prescribed under the provisions of Section 51 or, as the case may be, Section 53 for filing the appeal. ### 39. Revision by the Commissioner. - The Commissioner or such other officer as may be authorized for the purpose of Section 52 of the Act, before passing any order with respect to it, may, in his discretion, ask an officer subordinate to him to make such enquiries, as he considers necessary. ### 40. Giving effect to the Appellate or Revisional order. - If any order passed in appeal or revision has the effect of varying any order, the Assessing Authority shall refund the excess tax or fee, or realize the deficit, as the case may be. Chapter IX Refund ---------------------- ### 41. Refund under Section 36. (1) Refund shall be made through a refund voucher after adjustment towards any amount outstanding against the dealer for the same or any other assessment year and in accordance with the rules contained in this Chapter. (2) When a claim for refund is made, the [Assessing Authority] [Substituted for the words 'Assistant Commissioner' vide Notification No. 81/2010 /181 (120) /XXVII(8)/ 2008, dated 22-01-2010.] shall, after proper scrutiny of all the relevant records and necessary verification, satisfy himself that the amount is refundable. If no dues are outstanding against the dealer for any year, the refund voucher shall be prepared. If any dues are outstanding against the dealer for any year or if the dealer makes a request for adjustment of the refundable amount against future dues, an adjustment voucher shall be prepared for the adjustment of the refundable amount towards such dues. (3) Before a refund or an adjustment voucher is signed entries about the refund shall be made in all the relevant records including Daily Collection Register, Dealer's Ledger, Demand, Collection and Arrear Register, Register of Refunds, order sheet of the relevant assessment files, order directing the refund and copies of all relevant treasury challans. All such entries shall be authenticated under the dated signatures of the Assessing Authority. The refund voucher passed by the Assessing Authority shall also be countersigned by the Drawing and Disbursing Officer: Provided that refund voucher of an amount exceeding twenty five thousand rupees shall be countersigned by the Joint Commissioner (Executive) of the region. (4) The adjustment voucher shall also be signed by the [Assessing Authority] [Substituted for the words 'Assistant Commissioner' vide Notification No. 81/2010 /181 (120) /XXVII(8)/ 2008, dated 22-01-2010.] for payment received by adjustment. Four copies of the treasury challan in Form VI duly filled in as for deposits made by a dealer, shall also be attached to the voucher before it is sent to the treasury for adjustment. The adjustment voucher passed by the [Assessing Authority] [Substituted for the words 'Assistant Commissioner' vide Notification No. 81/2010 /181 (120) /XXVII(8)/ 2008, dated 22-01-2010.] shall also be countersigned by the Drawing and Disbursing Officer. (5) After verifying the entries of the adjustment voucher from his records, the Treasury Officer shall refund the excess amount and then take the same amount as deposited by adjustment for the year mentioned in the challan enclosed with the voucher. Two copies of such challan shall then be forwarded to the [Assessing Authority] [Substituted for the words 'Assistant Commissioner' vide Notification No. 81/2010 /181 (120) /XXVII(8)/ 2008, dated 22-01-2010.] who shall deliver one copy to the dealer concerned for his record. (6) Simultaneously, with the issue of a refund voucher, an advice note shall be sent direct to the State Bank of India, treasury or sub-treasury, as the case may be. The advice note shall bear the same serial number as mentioned on the refund voucher issued. No refund shall be given by the State Bank of India, Treasury Officer or the Sub-Treasury Officer, till the advice note is received by it. (7) All entries in the refund voucher and the advice note shall be made in ink, and correction, if any, shall be attested under the full dated signature of the [ Assessing Authority] [Substituted for the words 'Assistant Commissioner' vide Notification No. 81/2010 /181 (120) /XXVII(8)/ 2008, dated 22-01-2010.] (8) The refund voucher shall be made payable at any branch of the State Bank of India conducting treasury business, or at the treasury or subtreasury, where there is no such branch of the State Bank of India. The refund voucher shall be non-transferable. (9) Every refund voucher for Rs.2000/-or above issued on the State Bank of India shall be crossed and made payable to the payee's account only. The voucher issued on the treasury or sub-treasury shall, however, not be crossed: Provided that if the dealer has no bank account and requests the [Assessing Authority] [Substituted for the words 'Assistant Commissioner' vide Notification No. 81/2010 /181 (120) /XXVII(8)/ 2008, dated 22-01-2010] in writing that the refund voucher should not be crossed, it may be made un-crossed but this fact shall be specifically mentioned in all the relevant records: Provided further that every refund voucher of Rs.2000/-or above and every un-crossed refund voucher shall invariably be delivered personally to the dealer or partner or his authorised representative who shall acknowledge its receipt under his full dated signatures and complete residential address. (10) The refund voucher shall be valid for a period of ninety days from the date of issue. If it is not encashed within this period, the dealer may, within 30 days after this period, return the voucher to the [Assessing Authority] [Substituted for the words 'Assistant Commissioner' vide Notification No. 81/2010 /181 (120) /XXVII(8)/ 2008, dated 22-01-2010] for its revalidation. The [Assessing Authority] [Substituted for the words 'Assistant Commissioner' vide Notification No. 81/2010 /181 (120) /XXVII(8)/ 2008, dated 22-01-2010] shall revalidate the voucher and shall make entries to this effect in the relevant Register of refund and the Book of Refund Voucher. The revalidated refund voucher shall be valid for a further period of ninety days and shall be presented to the State Bank of India or the treasury or sub-treasury, as the case may be. If the refund voucher originally issued or the revalidated refund voucher is not encashed within this period, the dealer may return the voucher to the [Assessing Authority] [Substituted for the words 'Assistant Commissioner' vide Notification No. 81/2010 /181 (120) /XXVII(8)/ 2008, dated 22-01-2010.] for cancellation and apply in writing for the issue of a fresh voucher. The original voucher shall be cancelled and attached to the counterfoil by the [Assessing Authority] [Substituted for the words 'Assistant Commissioner' vide Notification No. 81/2010 /181 (120) /XXVII(8)/ 2008, dated 22-01-2010.] and fresh refund voucher shall then be issued in lieu of the returned voucher, after entries in all the relevant records have been made in respect of the cancelled as well as the new voucher according to these Rules. (11) If the refund voucher is lost, the dealer may apply in writing to the [Assessing Authority] [Substituted for the words 'Assistant Commissioner' vide Notification No. 81/2010 /181 (120) /XXVII(8)/ 2008, dated 22-01-2010.] for issue of a duplicate voucher. The 59[Assessing Authority] if he is satisfied that the original voucher has not been encashed during the period of validity, he may issue a duplicate voucher in lieu of the lost one after making necessary entries in all the relevant records according to these rules and after serving intimation of the cancellation of the original voucher to the State Bank of India, the Treasury Officer or the Sub-Treasury Officer, as the case may be. (12) After the amount of the refund voucher has been paid, the portion of the advice note, marked 'original' shall be returned to the [Assessing Authority] [Substituted for the words 'Assistant Commissioner' vide Notification No. 81/2010 /181 (120) /XXVII(8)/ 2008, dated 22-01-2010.] by the State Bank of India, the Treasury Officer or the Sub- Treasury Officer, as the case may be. On its receipt, authenticated entries shall be made in all relevant records under the signature with date of the [Assessing Authority] [Substituted for the words 'Assistant Commissioner' vide Notification No. 81/2010 /181 (120) /XXVII(8)/ 2008, dated 22-01-2010.] (13) The book of refund voucher, adjustment voucher and of the Advice Note shall be kept in the personal custody of the [Assessing Authority] [Substituted for the words 'Assistant Commissioner' vide Notification No. 81/2010 /181 (120) /XXVII(8)/ 2008, dated 22-01-2010.] who will intimate to the State Bank of India, the Treasury Officer or the Sub- Treasury Officer, as the case may be, the book number and the serial numbers of the refund voucher, adjustment voucher and the advice note being used by him. (14) Refund allowed during the month shall be verified with the records of the treasury in the following month for which a statement showing the details of the refund vouchers issued shall be prepared and signed by the [Assessing Authority] [Substituted for the words 'Assistant Commissioner' vide Notification No. 81/2010 /181 (120) /XXVII(8)/ 2008, dated 22-01-2010] and sent to the Treasury Officer. The Treasury Officer shall verify the refunds and return the statement to the [Assessing Authority] [Substituted for the words 'Assistant Commissioner' vide Notification No. 81/2010 /181 (120) /XXVII(8)/ 2008, dated 22-01-2010] (15) The refund voucher shall be issued in Form XXIII, the adjustment voucher in Form XXIV, the advice note in Form XXV and the application for the issue of a duplicate refund voucher shall be presented in Form XXVI. ### 42. Disbursement of amount wrongly realized as tax. (1) A dealer who has realized any amount referred to in sub-section (1) of Section 40 of the Act, shall deposit such amount as per the provisions of Rule 20. (2) The receipt of payment of amount to the dealer or a certificate from the dealer certifying the realization of amount from the claimant shall be filed along with the claim for refund under sub-Section (3) of Section 40 of the Act. (3) If the Assessing Authority on the basis of evidence produced before it and after making such enquiry as it deems proper, is satisfied that the amount is refundable, it shall refund the amount to the claimant. Before rejecting a claim, the Assessing Authority shall afford an opportunity of being heard to the claimant. The amount shall be refunded on furnishing an indemnity bond by the claimant in Form XXVII: Provided that if at any time after the refund of amount the Assessing Authority is satisfied, for reasons to be recorded in writing, that the amount was not refundable or has become not refundable, he shall give notice to such person requiring him to deposit the amount or to show cause within 30 days of the receipt of the notice why the amount be not realized from him in accordance with the provisions of Section 34 of the Act. (4) The provisions of Rule 41 as applicable in case of refund under Section 36 shall, mutatis mutandis, apply to disbursement of amount under Section 40 of the Act. ### 43. [ Special provision for Refund / e-Refund. [Substituted vide Notification No. 557/2010/181(120) /XXVII(8)/2008, dated 31-12-2010.] (1) Refund may be made through cheque to a dealer or a class of dealers, as may be notified by the Government, subject to such conditions and restrictions, and in such manner a may be specified in such notification. (2) Refund may also be made through electronic system, State Government may from time to time notify the class or classes of dealers eligible for refund due under the Act through electronic system, provided that e-refund facility will not be applicable for the refund under the old Act. (3) Commissioner may, by notification issue instructions, from time to time regarding e-refund.] Chapter X Accounts ----------------------- ### 44. Accounts to be maintained. - Every dealer liable to pay tax or liable to be registered under the Act, shall maintain such accounts so as to make his turnover of sales or purchases or both truly and accurately verifiable. Such accounts shall include, but not be restricted to, the accounts referred to under this Chapter. ### 45. Documentation of Sales. (1) Every registered dealer making a sale to a person or a dealer, whether registered or not, shall provide the purchaser a sale invoice in respect of the sales, as per the provisions of Section 60 of the Act. (2) Such dealer shall keep details of sales in Form XXVIII, separately for - (i) sale of goods in the course of inter-State trade and commerce; (ii) sale of goods in the course of export outside the territory of India ; (iii) transfer of goods outside the State other than by way of sale; (iv) sale within the State of the Special Category Goods specified in Schedule III of the Act, on which tax is charged; (v) sale within the State of the goods other than Special Category Goods specified in Schedule III of the Act on which tax is charged; (vi) sale within the State of other goods. ### 46. Documentation of Purchases. - Every dealer liable to pay tax or liable to be registered under the Act and making the purchase within the State or from outside the State (including imports from outside the country) or receiving the goods on transfer/ consignment from outside the State, shall keep the details of such goods in Form XXIX, separately for - (i) goods purchased from outside the State including imports from outside the country; (ii) goods received on transfer / consignment from outside the State; (iii) Special Category Goods specified in Schedule III of the Act purchased from within the State; (iv) Capital Goods purchased from within the State on which tax has been paid and Input Tax Credit is claimed; (v) Goods other than Capital Goods and Special Category Goods specified in Schedule III of the Act, purchased from within the State on which tax has been paid and Input Tax Credit is claimed; and (vi) other goods purchased from within the State on which Input Tax Credit is not admissible or is not claimed . Chapter XI Miscellaneous ----------------------------- ### 47. Method of Service. (1) The service of any notice, summons or order under the Act or the rules may be effected by any of the following methods, namely: (a) by giving or tendering a copy thereof to the dealer or person concerned or to his manager, munim, accountant or agent, or to one of his employees or to any adult member of his family residing with him; (b) [ by registered post or speed post;] [Substituted for the words 'by registered post' vide Notification No. 557/2010 /181 (120) /XXVII(8)/2008, dated 31-12-2010.] (c) [ by such courier services as may be approved by the Commissioner; or [Clause (c) & Clause (d) of sub-rule (1) of Rule 47 inserted vide Notification No. 557/2010 / 181 (120)/XXVII(8)/2008, dated 31-12-2010.] (d) by transmission of documents electronically including fax message or e-mail.] Provided that if, upon an attempt having been made to serve any such notice, summons or order by either of the abovesaid methods, the authority concerned has reasonable grounds to believe that addressee is evading service or that, for any other reason which in the opinion of such authority is sufficient, service cannot be effected by any of the above said methods, the said authority shall, after recording the reason therefore, cause the notice, summons or order to be served by affixing a copy thereof - (i) if the addressee is dealer, on some conspicuous part the dealer's place of business or the building in which the dealer's place of business is located, or upon some conspicuous part of the place of the dealer's business last intimated to the said authority by the dealer or if the place where the dealer is known to have last carried on business : or the place where the dealer resides: or (ii) if the addressee is not a dealer, on some conspicuous part of his residence or office or the building in which his office or resident is located; and such service shall be deemed to be as effectual as if it had made on the addressee personally. (2) When a process server, peon or any other employee of the Commercial Tax Department delivers or tenders any notice, summons or order to the dealer or addressee personally or to any of the persons referred to in clause (a) of sub-rule (1), he shall require the person to whom the notice, summons or order is delivered or tendered to sign an acknowledgement of the service of the notice, summons or order. (3) Where the person to whom the notice, summons or order is tendered as aforesaid refuses to accept the same or refuses to sign the acknowledgement after its acceptance, the process server, peon or employee shall submit a report to the concerned authority stating facts about such refusal and the name and address of the person, if any, present at the time of such refusal. Such report shall be verified of both by the process server, peon or employee. The concerned authority may, having regarded to the facts and circumstances and after making such further enquiry in the matter, if any, as it thinks fit, consider such refusal to be proof of service. (4) When service is made by post, an acknowledgement purporting to have been signed by the addressee or his manager, munim, accountant or agent or employee or member of his family, or an endorsement by a postal employee that the member of his family refused to take delivery may be deemed by the concerned authority to be proof of service. (5) When the notice, summons or order is serviced by affixing a copy thereof in accordance with the first proviso to sub-rule (1) the official serving it shall return the original to the authority concerned with a report endorsement thereon or annexed thereto, stating that he so affixing the copy, the circumstances under which he did so and the name and address of the person, if any, by whom the addressee's office or residence or the building in which his office or residence is located or his place of business was identified, and in whose presence the copy was affixed, the said official shall also obtain the signature or thumb impression of the person identifying the address residence or office or building or place of the business to his report. ### 48. Power to summon witness. - The Assistant Commissioner, Deputy Commissioner, Joint Commissioner, Additional Commissioner, Commissioner and President and Members of the Commercial Tax Tribunal, as the case may be, shall have the same powers as are vested in a Court under the Code of Civil procedure, 1908, when trying a suit in respect of the following matters, namely, - (a) enforcing the attendance of any person and examining him on oath or affirmation: (b) Compelling the production of documents: and (c) Issuing commissions for the examination of witnesses: and any proceeding before any of the officers aforesaid shall be deemed to be judicial proceeding within the meaning of Section 193 and Section 228 of the Code of Criminal Procedure, 1973 and for the purposes of Section 196 of the Indian Penal Code, 1860. ### 49. Form of summons for the production of a document. - Summons for the production of a document or the attendance of any person shall be issued in Form XXX. ### 50. Appearance before any authority in proceedings. (1) Any person who is entitled or required to do anything under the provisions of the Act or to appear before any authority including the Appellate Tribunal in connection with any proceeding under the Act, otherwise than when required to attend personally for examination on oath or affirmation, may be represented by - (a) a relative or a person regularly employed by him; or (b) a legal practitioner, or an accountant as defined under sub-rule (2) of rule 2, or (c) a person who has, before his retirement from service, put in minimum fifteen years of service as an Assessing Authority or in a higher position in Sales Tax /Trade Tax/Commercial Tax Department of any State Government, and is entered in the list which the Commissioner shall maintain in that behalf, only if such relative, person employed ,legal practitioner ,accountant or tax practitioner is authorized by such person in writing and such authorization includes the authority to act on behalf of such person in such proceedings. (2) Where a lawyer or accountant is found guilty of misconduct in connection with any Commercial Tax proceedings by the authority empowered to take disciplinary action against members of the professsion to which he belongs, or if any authorized agent or any other person is found guilty of misconduct or corruption by the Commissioner of Commercial Tax or any other officer authorised by him in this behalf, the Commissioner of Commercial Tax or such other officer, may direct by an order in writing and for reasons to be recorded therein that such person shall not be entitled, for such period as is stated in the order, to represent a dealer under these rules. (3) No order of disqualification shall be made in respect of any particular person unless he is given a reasonable opportunity of being heard. (4) Any person against whom any order of disqualification is made under this rule may within one month of date of communication of such order, appeal to the State Government to have the order cancelled or modified. Such order shall not take effect until the expiry of thirty days of the date of communication of such order or, where an appeal is preferred, until the disposal of the appeal. (5) The Commissioner may, at any time suo moto or on an application made to him in this behalf, revoke or modify any order made against the person under sub-rule (2) and thereon such person shall cease to be disqualified subject to such conditions or restrictions that may be contained in such order. ### 51. Inspection of records and fee payable thereof. (1) An Assistant Commissioner, before whom any proceeding against a dealer under the Act or the Rules made thereunder is pending, may, in this discretion, allow such dealer to inspect the whole or any part of the record of such proceeding if an application to this effect is made by 2.30p.m. on any working day. The application shall bear a court fee stamp of ten rupee. If the application is allowed, an inspection fee at the rate of two rupees for each hour or part of an hour shall be charged. Inspection in the same manner and on payment of the same charges, may also be allowed of the record of any proceeding before the Assistant Commissioner, which have been closed. (2) The dealer shall inspect the record in the presence of such official and between such hours as may be appointed for the purpose by the Assistant Commissioner. He shall not be allowed to remove the record or any part thereof from the place of inspection, or to make any mark upon the record, or in any manner mutilate it, He shall also not be allowed to take a copy of any part of the record beyond taking down brief notes for reference. (3) Any dealer desiring to ascertain any particulars of a record which he can legitimately inspect shall, on presentation to the Assistant Commissioner of an application containing a full description of the record so far as is known to him, be entitled, if the application is sanctioned, to have search made and to have the information, if obtainable, given to him in writing signed by the record keeper, within ten days from the date of the application. All applications, whether sanctioned or refused, shall at once be entered in a register and the serial numbers of the register given on them by the record keeper. A fee of ten rupees on each application shall be leviable by means of a court fee stamp as soon as the order sanctioning the application is passed and the record keeper shall affix the stamp in the register and not on the application. He shall also cancel the stamp by punching it at its head, and also by writing or rubber-stamping the word "Cancelled" on it: (4) The provisions of sub-rule (1), sub-rule (2) and sub-rule (3) shall mutatis mutandis, apply to the courts of President and Members of the Commercial Tax Tribunal, the Additional Commissioner (Appeals) Commercial Tax and the Joint Commissioner (Appeals) Commercial Tax. ### 52. Fee for copy of record. (1) A copy of an order of assessment or penalty, other than the first copy thereof, shall be supplied to the dealer on his furnishing copying folios of value of ten rupees. (2) A copy of any order, statement or other record, other than an assessment or penalty order, may be given to a dealer on his furnishing copying folios of ten rupees. (3) (a) For urgent copy of any document, order, statement or record the fee shall be double of that prescribed in sub-rule (1) or sub-rule (2) as the case may be; (b) An applicant for urgent copy shall be entitled, if his application be presented in the forenoon of the day, to have his copy furnished to him, so far as may be possible, before the close of the same day. If application is presented in afternoon, the copy shall be similarly furnished by the forenoon of the following day, if possible; (c) where the document of which a copy is required is too lengthy or it is otherwise felt that it would be difficult to issue the copy within the time prescribed therefor, the applicant shall be given an option to elect his application being treated as an ordinary one, and where he so agrees, the difference between the fee paid by him and that prescribed for an ordinary copy shall be refunded, otherwise, the application shall be treated as urgent and given priority over ordinary applications; (4) Where a person applies for more than one copy of a document, order, statement or record and copies can be typed, the fee for the first copy shall be at the rate prescribed in sub-rule (1) or sub-rule (2) or sub-rule (3) of this rule, as the case may be, and each carbon copy upto a limit of four, half that rate. ### 53. [ Tax audit from the level of Assessing Authority. [Substituted vide Notification No. 557/2010/181(120) /XXVII(8)/2008, dated 31-12-2010.] - For the purpose of Tax audit under sub-section (9) of Section 25 of the Act, the selection of dealer or dealers shall be made in the manner as may be notified by the Commissioner. Provided that, for the purpose of tax audit, every year a minimum five percent and maximum ten percent dealers shall be selected from the total number of registered dealers.] ### 54. [ Audit of Accounts. [Rule 54 inserted vide Notification No. 324/XXVII(8) /2008, dated 14-5-2008.] (1) Audit Report mentioned in sub-section (1) of Section 62 of the Uttarakhand (the Uttarakhand Value Added Tax Act, 2005) Adaptation and Modification Order, 2007 as amended by the Uttarakhand (the Uttarakhand Value Added Tax Act, 2005) (Amendment) Bill, 2008 shall be submitted in Form XXXII.]